[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7993-S7999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4502. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of division A, add the following:

TITLE XVII--AFGHANISTAN COUNTERTERRORISM, OVERSIGHT, AND ACCOUNTABILITY 
                              ACT OF 2021

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Afghanistan 
     Counterterrorism, Oversight, and Accountability Act of 
     2021''.

     SEC. 1702. FINDINGS.

       Congress makes the following findings:
       (1) On April 14, 2021, President Joseph R. Biden announced 
     the unconditional withdrawal of United States Armed Forces 
     from Afghanistan after 20 years of conflict.
       (2) United States troop withdrawals led to the rapid 
     collapse of the democratically elected Government of 
     Afghanistan, effectively ended prospects for a negotiated 
     settlement, threaten to reverse the hard-earned rights of 
     Afghanistan's women and youth, and created dangerous 
     sanctuary space for potential terrorist attacks against the 
     United States and allies and partners of the United States.
       (3) Under the terms of the peace agreement signed by the 
     United States and the Taliban in Doha, Qatar, on February 29, 
     2020, the withdrawal of the United States Armed Forces was 
     contingent upon the Taliban upholding its commitment to a 
     reduction in the levels of violence, engaging in substantive 
     talks with the Government of Afghanistan, and adhering to 
     certain counterterrorism guarantees. The Taliban failed to 
     meet its commitments.
       (4) The Taliban's rise to power and inability to control 
     its borders may result in a safe haven for violent jihadist 
     groups, like al Qaeda and the Afghan affiliate of the Islamic 
     State group, ISIS-Khorasan (commonly referred to as ``ISIS-
     K'').
       (5) According to a May 2020 report of the United Nations, 
     ``The senior leadership of Al-Qaida remains present in 
     Afghanistan, as well as hundreds of armed operatives, Al-
     Qaida in the Indian Subcontinent, and groups of foreign 
     terrorist fighters aligned with the Taliban.''.
       (6) According to the same United Nations report, ``The 
     Taliban regularly consulted with Al-Qaida during negotiations 
     with the United States and offered guarantees that it would 
     honor their historical ties.''.
       (7) In November 2020, the Lead Inspector General for 
     Operation Freedom's Sentinel of the Department of Defense (in 
     this section referred to as the ``Lead Inspector General'') 
     echoed similar concerns, noting that ``members of al-Qaeda 
     were integrated into the Taliban's leadership and command 
     structure''.
       (8) In May 2021, the Lead Inspector General reaffirmed 
     those concerns, noting that ``[a]ccording to the Defense 
     Intelligence Agency, the Taliban maintained close ties with 
     al-Qaeda and was very likely preparing for large-scale 
     offensives''.
       (9) On September 14, 2021, the Deputy Director of the 
     Central Intelligence Agency stated, ``We are already 
     beginning to see some of the indications of some potential 
     movement of al Qaeda to Afghanistan.''.
       (10) On August 14, 2021, the United States began an 
     operation at Hamid Karzai International Airport to evacuate 
     United States citizens and Afghans affiliated with the United 
     States, an action which forced the North Atlantic Treaty 
     Organization (commonly referred to as ``NATO'') and allied 
     countries to undertake similar operations.
       (11) During the evacuation operation conducted in August 
     2021, United States allies, all of which had contributed 
     soldiers and resources to the fight against the Taliban and 
     terrorism in Afghanistan since 2001, assisted in the 
     exfiltration of thousands of United

[[Page S7994]]

     States citizens, their own nationals, and Afghans affiliated 
     with NATO.
       (12) In August 2021, at the height of the United States 
     evacuation operation, ISIS-K carried out a dual attack 
     striking Hamid Karzai International Airport and the Baron 
     Hotel, killing more than 170 civilians, including 13 members 
     of the United States Armed Forces.
       (13) According to the reports of the Department of State, 
     as many as 10,000 to 15,000 United States citizens were in 
     Afghanistan before the evacuation efforts.
       (14) As of August 31, 2021, the Department of State 
     evacuated just over 6,000 United States citizens, leaving 
     untold numbers of United States citizens stranded in 
     Afghanistan with little recourse for departure.
       (15) As of August 31, 2021, the United States evacuated 705 
     out of 22,000 Afghans who applied for special immigrant 
     visas, leaving the vast majority of Afghans behind and 
     vulnerable to retribution by the Taliban.
       (16) The Taliban continues to hamper the movement of United 
     States citizens and at-risk Afghans out of Afghanistan.
       (17) On September 10, 2021, the Taliban appointed 
     Sirajjudin Haqqani, a wanted terrorist responsible for 
     attacks against United States citizens, as the Taliban 
     minister of interior, ostensibly responsible for the 
     continued evacuations of United States citizens and at-risk 
     Afghans out of Afghanistan.
       (18) A Taliban-led government rooted in Sharia law would 
     undermine the vital gains made since 2001, particularly with 
     respect to the rule of law and the rights of women and girls, 
     and would lack credibility and international legitimacy on 
     the world stage.
       (19) As noted by Human Rights Watch, ``Even before their 
     takeover of Kabul on August 15, Taliban forces were already 
     committing atrocities, including summary executions of 
     government officials and security force members in their 
     custody.''.
       (20) Since the Taliban's takeover of Kabul, the Taliban has 
     raided the homes of journalists and activists, as well as 
     members of their families, and restricted girls' access to 
     education and women's ability to work.
       (21) The Lead Inspector General reported in May 2021 that 
     the Taliban had carried out ``dozens of targeted killings of 
     Afghan civilians, including government officials, teachers, 
     journalists, medical workers, and religious scholars''.
       (22) Despite reportedly providing written assurances to 
     donors and the United Nations, the Taliban also continues to 
     hinder humanitarian access to the most vulnerable areas and 
     individuals in Afghanistan, with an estimated 18,400,000 
     people, or roughly half of the population in Afghanistan, 
     currently in dire need of lifesaving assistance.
       (23) Between 2001 and 2020, at least 569 humanitarian 
     workers were targeted for attack in Afghanistan, and in 
     August 2021 alone, at least 240 incidents affecting 
     humanitarian access were reported by relief agencies.
       (24) The United States has invested more than 
     $56,000,000,000 since 2002 in efforts to address profound 
     humanitarian needs and help the people of Afghanistan, 
     including women, girls, and religious and ethnic minorities, 
     realize their democratic and development aspirations.
       (25) Despite consistent challenges, United States 
     humanitarian and development assistance has helped expand 
     access to education for more than 3,000,000 girls since 2008, 
     reduce maternal and child deaths by more than half since 
     2000, provide first-time access to safe drinking water for 
     650,000 people and improved sanitation services for 1,200,000 
     people since 2016, and catalyze a 3,000 percent increase in 
     per capita gross domestic product between 2002 and 2018.
       (26) Following the Taliban takeover in Afghanistan, those 
     notable achievements are at risk of reversal, the country 
     stands on the verge of economic collapse, and according to 
     the World Food Programme of the United Nations, an estimated 
     14,000,000 people are ``marching toward starvation''.

     SEC. 1703. DEFINITIONS.

       In this title:
       (1) Special immigrant visa program.--The term ``special 
     immigrant visa program'' means--
       (A) the special immigrant visa program under section 602 of 
     the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
     U.S.C. 1101 note); and
       (B) the special immigrant visa program under section 1059 
     of the National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163; 8 U.S.C. 1101 note) with respect to 
     nationals of Afghanistan.
       (2) Taliban.--The term ``Taliban'' means the entity--
       (A) known as the Taliban;
       (B) operating in Afghanistan; and
       (C) designated as a specially designated global terrorist 
     under part 594 of title 31, Code of Federal Regulations.
       (3) Terrorist group.--The term ``terrorist group'' means--
       (A) any entity designated as a specially designated global 
     terrorist under part 594 of title 31, Code of Federal 
     Regulations (other than the Taliban); or
       (B) any foreign terrorist organization (as defined in 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189)).
       (4) United states lawful permanent resident.--The term 
     ``United States lawful permanent resident'' means an alien 
     lawfully admitted for permanent residence to the United 
     States (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))).

  Subtitle A--State Department Afghanistan Task Force and Diplomatic 
                               Engagement

     SEC. 1711. TASK FORCE ON EVACUATIONS FROM AFGHANISTAN.

       (a) In General.--The Secretary of State shall establish and 
     maintain a task force dedicated to--
       (1) the implementation of a comprehensive strategy relating 
     to the evacuation of United States citizens, United States 
     lawful permanent residents, and applicants for the special 
     immigrant visa program, from Afghanistan; and
       (2) identifying individuals in Afghanistan who have--
       (A) applied to the United States Refugee Admissions 
     Program; or
       (B) sought entry into the United States as humanitarian 
     parolees under section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)).
       (b) Focus of Task Force.--The task force established under 
     subsection (a) shall prioritize efforts of the Department of 
     State--
       (1) to account for all United States citizens still within 
     Afghanistan and ensure all United States citizens have the 
     opportunity to safely depart Afghanistan; and
       (2) to account for United States lawful permanent residents 
     and applicants for the special immigrant visa program still 
     within Afghanistan and help ensure those individuals have an 
     opportunity to safely depart Afghanistan.
       (c) Reporting Requirement.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report detailing lessons learned from the task force 
     established under subsection (a), including such lessons 
     related to the evacuation of United States citizens, United 
     States lawful permanent residents, and applicants for the 
     special immigrant visa program, from Afghanistan.
       (d) Briefing Requirement.--The task force established under 
     subsection (a) shall provide quarterly briefings to the 
     appropriate congressional committees on--
       (1) the strategy described in subsection (a); and
       (2) any additional authorities the Department of State 
     requires to better advance the strategy.
       (e) Termination.--The task force established under 
     subsection (a) shall terminate on the date that is one year 
     after the date of the enactment of this Act.
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1712. REPORT ON DIPLOMATIC ENGAGEMENT AND ECONOMIC 
                   COOPERATION WITH THE TALIBAN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development and the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report detailing the manner and extent to which foreign 
     governments and international organizations have pursued 
     diplomatic engagement or economic or security cooperation 
     with the Taliban or members of the Taliban.
       (b) Elements.--The report required by subsection (a) shall 
     include a description of--
       (1) steps taken by foreign governments and international 
     organizations toward formal diplomatic recognition of the 
     Taliban or a government of Afghanistan under the direction or 
     control of the Taliban or members of the Taliban;
       (2) efforts to maintain or re-establish a diplomatic 
     presence in Kabul;
       (3) the extent to which formal bilateral relationships 
     serve to bolster the Taliban's credibility on the world 
     stage;
       (4) the scale and scope of economic cooperation with the 
     Taliban, or any agency or instrumentality of the Government 
     of Afghanistan under the direction or control of the Taliban 
     or a member of the Taliban, by foreign governments and 
     international organizations, particularly international 
     financial institutions;
       (5) the extent of any assistance provided by foreign 
     governments and international organizations to or through the 
     Taliban or any agency or instrumentality described in 
     paragraph (4), including humanitarian, technical, and 
     security assistance; and
       (6) major security cooperation activities or initiatives 
     undertaken by foreign governments with the Taliban or any 
     agency or instrumentality described in paragraph (4), 
     including the establishment by a foreign government of any 
     military presence within Afghanistan.
       (c) Form of Report; Availability.--
       (1) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (2) Availability.--The unclassified portion of the report 
     required by subsection (a) shall be made available on a 
     publicly accessible internet website of the Department of 
     State.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and

[[Page S7995]]

       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1713. OPPOSITION TO RECOGNITION OF TALIBAN 
                   REPRESENTATIVE AS AMBASSADOR TO THE UNITED 
                   STATES.

       The President should not recognize as the Ambassador of 
     Afghanistan to the United States or accept diplomatic 
     credentials from any individual who is a member of the 
     Taliban.

     SEC. 1714. OPPOSITION TO PARTICIPATION OF TALIBAN AT THE 
                   UNITED NATIONS AND OTHER MEASURES.

       The United States Ambassador to the United Nations should 
     use the voice, vote, and influence of the United States at 
     the United Nations--
       (1) to object to the issuance of credentials to any member 
     of the delegation of Afghanistan to the United Nations 
     General Assembly who is a member of the Taliban, consistent 
     with Rules 27 and 28 of the Rules of Procedure of the General 
     Assembly;
       (2) to ensure that no member of the Taliban may serve in a 
     leadership position in any United Nations body, fund, 
     program, or specialized agency;
       (3) to support a resolution on human rights abuses 
     committed by the Taliban at the United Nations Human Rights 
     Council and calling for the immediate deployment of human 
     rights monitors to Afghanistan under the special procedures 
     of the Council;
       (4) to demand immediate, unfettered humanitarian access to 
     the whole of Afghanistan, including to prevent famine and to 
     expand access to lifesaving vaccines and immunizations; and
       (5) to prevent diversions of humanitarian assistance 
     delivered through United Nations bodies, funds, programs, and 
     specialized agencies to individuals and entities subject to 
     sanctions under United Nations Security Council Resolutions 
     1988 (2011) and 2255 (2015), including through the imposition 
     of duties, fees, or taxes on such humanitarian assistance or 
     the manipulation of beneficiary lists.

     SEC. 1715. REVISED STRATEGY FOR SOUTH AND CENTRAL ASIA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a strategy for a path 
     forward for the relationship of the United States with South 
     and Central Asian countries after the United States 
     withdrawal from Afghanistan.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following elements:
       (1) A detailed description of the security and economic 
     challenges that the Russian Federation, the People's Republic 
     of China, and the Taliban pose to the countries of South and 
     Central Asia, including border disputes with South and 
     Central Asian countries that border the People's Republic of 
     China, investments by the Government of the People's Republic 
     of China in land and sea ports, military activities and 
     installations, transportation infrastructure, and energy 
     projects across the region.
       (2) A detailed description of United States efforts to 
     provide alternatives to investment by the Government of the 
     People's Republic of China in infrastructure and other 
     sectors in South and Central Asia.
       (3) An examination of the areas and sectors in which South 
     and Central Asian countries are subject to political, 
     military, information, and diplomatic pressure from the 
     Russian Federation and the People's Republic of China.
       (4) An examination of the extent to which the C5+1 format 
     should or should not be changed to reflect the new conditions 
     in Afghanistan.
       (5) An analysis of the possibilities for access to and 
     basing in Central Asian countries for the United States Armed 
     Forces, and overflight of those countries by United States 
     drones, and the diplomatic outreach needed to achieve those 
     outcomes.
       (6) A detailed description of bilateral and regional 
     efforts to work with countries in South Asia on strategies to 
     build resilience against efforts of the Government of the 
     People's Republic of China and the Government of the Russian 
     Federation to interfere in their political systems and 
     economies.
       (7) A detailed description of United States diplomatic 
     efforts to address the challenges posed by investment by the 
     Government of the People's Republic of China in the mining 
     and mineral sectors in Afghanistan.
       (8) Identification of areas where the United States 
     Government can strengthen diplomatic, economic, and defense 
     cooperation with the Government of India, as appropriate, to 
     address economic and security challenges posed by the 
     People's Republic of China, the Russian Federation, and the 
     Taliban in the region, and an assessment of how the changes 
     to India's security environment resulting from the Taliban's 
     takeover of Afghanistan will affect United States engagement 
     with India.
       (9) A description of the coordination mechanisms among key 
     regional and functional bureaus within the Department of 
     State and the Department of Defense tasked with engaging with 
     the countries of South and Central Asia on issues relating to 
     the People's Republic of China, the Russian Federation, and 
     the Taliban.
       (10) A description of the efforts being made by Federal 
     agencies, including the Department of State, the United 
     States Agency for International Development, the Department 
     of Commerce, the Department of Energy, and the Office of the 
     United States Trade Representative, to help the countries of 
     South and Central Asia develop trade and commerce links that 
     will help those countries diversify their trade away from the 
     People's Republic of China and the Russian Federation.
       (11) A detailed description of United States diplomatic 
     efforts with South and Central Asian countries, Turkey, and 
     any other countries with significant populations of Uyghurs 
     and other ethnic minorities fleeing persecution in the 
     People's Republic of China, to press those countries to 
     refrain from deporting ethnic minorities to the People's 
     Republic of China, protect ethnic minorities from 
     intimidation by authorities of the Government of the People's 
     Republic of China, and protect the right to the freedoms of 
     assembly and expression.
       (12) An analysis of the effect ending the denial of 
     nondiscriminatory treatment to the products of the Republic 
     of Kazakhstan, the Republic of Tajikistan, and the Republic 
     of Uzbekistan under chapter 1 of title IV of the Trade Act of 
     1974 (commonly known as the ``Jackson-Vanik amendment'') 
     would have on improving trade and diplomatic relations with 
     the United States.
       (c) Form of Report; Availability.--
       (1) Form.--The strategy required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (2) Availability.--The unclassified portion of the strategy 
     required by subsection (a) shall be made available on a 
     publicly accessible internet website of the Department of 
     State.
       (d) Consultation.--Not later than 120 days after the date 
     of the enactment of this Act, and not less frequently than 
     annually thereafter for 5 years, the Secretary of State shall 
     consult with the appropriate congressional committees 
     regarding the development and implementation of the strategy 
     required by subsection (a).
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) C5+1 format.--The term ``C5+1 format'' means meetings 
     of representatives of the governments of the United States, 
     the Republic of Kazakhstan, the Kyrgyz Republic, the Republic 
     of Tajikistan, Turkmenistan, and the Republic of Uzbekistan.

          Subtitle B--Counterterrorism Strategies and Reports

     SEC. 1721. COUNTERTERRORISM STRATEGY FOR AFGHANISTAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State, in consultation 
     with the Secretary of Defense and the Director of National 
     Intelligence, shall submit to the appropriate congressional 
     committees a report setting forth the United States 
     counterterrorism strategy for Afghanistan and addressing each 
     of the elements described in subsection (b).
       (b) Elements.--The elements described in this subsection 
     are the following:
       (1) An assessment of terrorist activity in Afghanistan and 
     threats posed to the United States by that activity.
       (2) An assessment of whether the Taliban is taking 
     meaningful action to ensure that Afghanistan is not a safe 
     haven for terrorist groups, such as al Qaeda or ISIS-K, 
     pursuant to the peace agreement signed by the United States 
     and the Taliban in Doha, Qatar, on February 29, 2020, or 
     subsequent agreements or arrangements.
       (3) A detailed description of all discussions, 
     transactions, deconfliction arrangements, or other agreements 
     or arrangements with the Taliban.
       (4) An assessment of the status of access, basing, and 
     overflight agreements with countries neighboring Afghanistan 
     that facilitate ongoing United States counterterrorism 
     missions.
       (5) An assessment of the status of--
       (A) human intelligence and multi-source intelligence assets 
     dedicated to Afghanistan; and
       (B) the ability of the United States to detect emerging 
     threats against the United States and allies and partners of 
     the United States.
       (6) A description of the number and types of intelligence, 
     surveillance, and reconnaissance assets and strike assets 
     dedicated to Afghanistan counterterrorism missions and 
     associated flight times and times on station for such assets.
       (7) An assessment of local or indigenous counterterrorism 
     partners.
       (8) An assessment of risks to the mission and risks to 
     United States personnel involved in over-the-horizon 
     counterterrorism options.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and

[[Page S7996]]

       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 1722. REPORT ON ENTITIES PROVIDING SUPPORT FOR THE 
                   TALIBAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State, in consultation 
     with the Secretary of Defense and the Director of National 
     Intelligence, shall submit to the appropriate congressional 
     committees a report on entities providing support to the 
     Taliban.
       (b) Elements of First Report.--The first report required by 
     subsection (a) shall include--
       (1) an assessment of support by state and non-state actors, 
     including the Government of Pakistan, for the Taliban between 
     2001 and 2020, including the provision of sanctuary space, 
     financial support, intelligence support, logistics and 
     medical support, training, equipping, and tactical, 
     operational, or strategic direction;
       (2) an assessment of support by state and non-state actors, 
     including the Government of Pakistan, for the 2021 offensive 
     of the Taliban that toppled the Government of the Islamic 
     Republic of Afghanistan, including the provision of sanctuary 
     space, financial support, intelligence support, logistics and 
     medical support, training, equipping, and tactical, 
     operational, or strategic direction;
       (3) an assessment of support by state and non-state actors, 
     including the Government of Pakistan, for the September 2021 
     offensive of the Taliban against the Panjshir Valley and the 
     Afghan resistance; and
       (4) a detailed description of United States diplomatic and 
     military activities undertaken to curtail support for the 
     2021 offensive of the Taliban that toppled the Government of 
     the Islamic Republic of Afghanistan.
       (c) Elements of Subsequent Reports.--Each report required 
     by subsection (a) after the first such report shall include--
       (1) an assessment of support by state and non-state actors 
     for the Taliban, including the provision of sanctuary space, 
     financial support, intelligence support, logistics and 
     medical support, training, equipping, and tactical, 
     operational, or strategic direction;
       (2) an assessment of support by state and non-state actors 
     for offensive actions of the Taliban against any elements of 
     the Afghan resistance; and
       (3) a detailed description of United States diplomatic and 
     military activities undertaken to curtail support for the 
     Taliban.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

     SEC. 1723. REPORT AND STRATEGY ON UNITED STATES-ORIGIN 
                   DEFENSE ARTICLES AND SERVICES PROVIDED TO 
                   AFGHANISTAN.

       (a) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, the 
     Secretary of Defense, and the Director of National 
     Intelligence shall submit to the appropriate congressional 
     committees a report on United States-origin defense articles 
     and defense services provided to the Government of 
     Afghanistan on or before August 14, 2021.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) an inventory of all United States-origin defense 
     articles and defense services provided to the Government of 
     Afghanistan;
       (B) an assessment of the current location and disposition 
     of all such articles;
       (C) an assessment of the risks that such articles pose to 
     United States citizens and interests, regional security, and 
     the people of Afghanistan;
       (D) an assessment of the most sensitive training provided 
     by the United States to Afghan forces and the current 
     location and status of Afghans who received such training; 
     and
       (E) an assessment of the counterintelligence risk if the 
     Taliban provides access to United States-origin defense 
     articles to the Russian Federation, Iran, or the People's 
     Republic of China.
       (b) Strategy Required.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of State, the 
     Secretary of Defense, and the Director of National 
     Intelligence shall submit to the appropriate congressional 
     committees a strategy on United States-origin defense 
     articles and defense services provided to the Government of 
     Afghanistan.
       (2) Elements.--The strategy required under subsection (d) 
     shall include--
       (A) a plan to recover, destroy, or de-militarize United 
     States-origin defense articles that pose a significant risk 
     to United States citizens and interests, regional security, 
     or the people of Afghanistan; and
       (B) a plan--
       (i) to identify Afghan personnel whose training could 
     present a significant risk to regional security or to the 
     people of Afghanistan; and
       (ii) to ensure such personnel are not coerced to support 
     the Taliban or other hostile forces.
       (c) Form.--The report required by subsection (a) and the 
     strategy required by subsection (b) shall be submitted in 
     unclassified form, but may include a classified annex.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Defense article; defense service; training.--The terms 
     ``defense article'', ``defense service'', and ``training'' 
     have the meanings given those terms in section 47 of the Arms 
     Export Control Act (22 U.S.C. 2794).

   Subtitle C--Matters Relating to Hostages, Special Immigrant Visa 
                        Applicants, And Refugees

     SEC. 1731. REPORT ON HOSTAGES TAKEN BY THE TALIBAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State shall submit to 
     the appropriate congressional committees a report detailing 
     the extent to which the Taliban has engaged in the 
     politically motivated taking or release of hostages or 
     otherwise is engaging in practices of unlawful or wrongful 
     detention.
       (b) Elements.--The report required by subsection (a) shall 
     include, at a minimum--
       (1) an assessment of whether there is credible information 
     that detained United States citizens or United States lawful 
     permanent residents are being held hostage or are being 
     detained unlawfully or wrongfully by the Taliban; and
       (2) an assessment of whether there is credible information 
     that citizens of NATO allies are being held hostage or are 
     being detained unlawfully or wrongfully by the Taliban.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1732. BRIEFINGS ON STATUS OF SPECIAL IMMIGRANT VISA 
                   APPLICANTS, REFUGEES, AND PAROLEES.

       (a) In General.--Not later than 10 days after the date of 
     the enactment of this Act, and every 15 days thereafter until 
     September 30, 2022, the Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall provide a 
     briefing to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives on the status of--
       (1) the processing of applications for the special 
     immigrant visa program; and
       (2) refugee and parolee designations for nationals of 
     Afghanistan.
       (b) Elements.--
       (1) Initial briefing.--The initial briefing required by 
     subsection (a) shall include, for the period beginning on 
     August 1, 2021, and ending on the date of the briefing--
       (A)(i) the number of nationals of Afghanistan who have--
       (I) submitted applications for--

       (aa) the special immigrant visa program; or
       (bb) resettlement in the United States through the United 
     States Refugee Admissions Program; or

       (II) sought entry to the United States as humanitarian 
     parolees under section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)); and
       (ii) the status of such nationals of Afghanistan;
       (B) the number of Department of State and Department of 
     Homeland Security employees assigned to processing 
     applications described in subparagraph (A)(i)(I) and 
     adjudicating the entry of nationals of Afghanistan as 
     humanitarian parolees;
       (C) the location of each national of Afghanistan who has 
     submitted such an application or sought entry to the United 
     States as a humanitarian parolee;
       (D) the status of any agreement between the United States 
     and any foreign government that is hosting such nationals of 
     Afghanistan;
       (E) an assessment of any required revision to the levels 
     and forms of United States foreign assistance provided to 
     entities supporting such nationals of Afghanistan; and
       (F) the status of any national of Afghanistan who--
       (i) after July 1, 2021, submitted an application described 
     in subparagraph (A)(i)(I) or sought entry to the United 
     States as a humanitarian parolee; and
       (ii) failed to meet United States vetting requirements.
       (2) Subsequent briefings.--Each subsequent briefing 
     required by subsection (a) shall include the information 
     described in subparagraphs (A) through (F) of paragraph (1) 
     for the preceding 15-day period.
       (c) Form.--A briefing required by subsection (a) may be 
     provided in classified form, as necessary.

[[Page S7997]]

       (d) Written Materials.--The Secretary of State may submit 
     written materials in conjunction with a briefing under this 
     section.

             Subtitle D--Restrictions on Foreign Assistance

     SEC. 1741. STATEMENT OF POLICY ON UNITED STATES ASSISTANCE IN 
                   AFGHANISTAN.

       (a) In General.--It is the policy of the United States not 
     to provide foreign assistance, including development 
     assistance, economic support, or security assistance under 
     parts I and II of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.), the Millennium Challenge Act of 2003 
     (22 U.S.C. 7701 et seq.), the Better Utilization of 
     Investments Leading to Development Act of 2018 (22 U.S.C. 
     9601 et seq.), the FREEDOM Support Act (22 U.S.C. 5801 et 
     seq.), or section 23 of the Arms Export Control Act (22 
     U.S.C. 2763), to or through the Taliban, or in a manner that 
     would directly benefit the Taliban in Afghanistan.
       (b) Humanitarian Assistance.--It is the policy of the 
     United States to support the provision of humanitarian 
     assistance for displaced and conflict-affected persons in 
     Afghanistan consistent with chapter 9 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2292 et seq.), provided 
     that such assistance is not provided to or through the 
     Taliban or entities controlled by the Taliban or persons with 
     respect to which sanctions have been imposed under section 
     1762 or 1763.
       (c) Strategy.--Not later than 30 days after the date of the 
     enactment of this Act, the President shall brief the 
     appropriate congressional committees on the United States 
     strategy to ensure the safe and timely delivery of targeted 
     humanitarian assistance in Afghanistan, including by enabling 
     humanitarian organizations to access related financial 
     services, consistent with this section.

     SEC. 1742. HUMANITARIAN ASSISTANCE TO COUNTRIES AND 
                   ORGANIZATIONS SUPPORTING AFGHAN REFUGEES AND 
                   AFGHAN ALLIES OF THE UNITED STATES.

       Subject to section 1743, it is the policy of the United 
     States to support the provision of humanitarian assistance 
     for displaced and conflict-affected persons seeking refuge 
     from Afghanistan in third countries, as well as for hosting 
     communities with measurable need in such third countries.

     SEC. 1743. REVIEW OF FOREIGN ASSISTANCE TO COUNTRIES AND 
                   ORGANIZATIONS SUPPORTING THE TALIBAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less than annually 
     thereafter, the Secretary of State, in consultation with the 
     appropriate congressional committees, shall conduct a 
     comprehensive review of all forms of United States foreign 
     assistance provided to or through the government of any 
     country or any organization providing any form of material 
     support to the Taliban, utilizing transparent metrics to 
     measure the forms, amounts, goals, objectives, benchmarks, 
     and outcomes of such assistance.
       (b) Aid Suspension.--
       (1) In general.--The Secretary of State shall suspend all 
     forms of United States foreign assistance not covered by an 
     exception under section 1766(b)(3) provided to or through a 
     government or organization described in subsection (a).
       (2) Termination.--The suspension of United States foreign 
     assistance under paragraph (1) shall cease to be in effect on 
     the date on which the Secretary--
       (A) has certified to the appropriate congressional 
     committees that the government or organization subject to 
     such suspension has ceased to provide material support to the 
     Taliban; or
       (B) has submitted to the appropriate congressional 
     committees a certification described in section 1766(c).
       (3) Waiver.--The Secretary may waive the suspension of 
     United States foreign assistance required under paragraph (1) 
     if, not later than 10 days before issuing such a waiver, the 
     Secretary certifies to the appropriate congressional 
     committees that--
       (A) providing such assistance is in the national security 
     interest of the United States; and
       (B) sufficient safeguards are in place to ensure that no 
     United States assistance is diverted to support the Taliban.

     SEC. 1744. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

                Subtitle E--Human Rights in Afghanistan

     SEC. 1751. REPORT ON HUMAN RIGHTS ABUSES BY THE TALIBAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of State shall submit to 
     the appropriate congressional committees a report detailing 
     the extent to which the Taliban, or any agency or 
     instrumentality of the Government of Afghanistan under the 
     direction or control of the Taliban or a member of the 
     Taliban, has carried out or facilitated serious human rights 
     abuse.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the Taliban's respect for the rule of 
     law, press freedom, and human rights, including the rights of 
     women, girls, and minorities, in Afghanistan;
       (2) an assessment of the extent to which the Government of 
     Afghanistan has adhered to the basic human rights standards 
     set out in the United Nations International Covenant on Civil 
     and Political Rights, which was ratified by Afghanistan in 
     1983, and the Universal Declaration of Human Rights;
       (3) a description of the scale and scope of any incidents 
     of arbitrary arrest or extrajudicial execution;
       (4) an assessment of the degree to which Afghans who 
     formerly served as part of the internationally recognized 
     government of Afghanistan or who have ties to the United 
     States have been the target of Taliban-supported revenge 
     killings, enforced disappearances, or other forms of abuse, 
     including torture;
       (5) a detailed description of how the rights of women, 
     girls, and minorities in Afghanistan have been impacted, 
     specifically with respect to access to education, freedom of 
     movement, and right to employment, since the Taliban's 
     seizure of power in August 2021;
       (6) an evaluation of the ability of human rights defenders, 
     female activists, and journalists to freely operate in 
     Afghanistan without fear of reprisal;
       (7) an assessment of whether any of the abuses carried out 
     by the Taliban, or any agency or instrumentality described in 
     subsection (a), constitute war crimes or crimes against 
     humanity; and
       (8) a description of any steps taken to impede access by 
     independent human rights monitors and United Nations 
     investigators.
       (c) Form.--The report required by subsection (a) shall be 
     provided in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

           Subtitle F--Sanctions With Respect to the Taliban

     SEC. 1761. DEFINITIONS.

       In this subtitle:
       (1) Admission; admitted; alien.-- The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (4) Foreign person.--The term ``foreign person''--
       (A) means a person that is not a United States person; and
       (B) includes an agency or instrumentality of a foreign 
     government.
       (5) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (6) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a citizen of the United States or an alien lawfully 
     admitted for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such entity.

     SEC. 1762. IMPOSITION OF SANCTIONS WITH RESPECT TO ACTIVITIES 
                   OF THE TALIBAN AND OTHERS IN AFGHANISTAN.

       (a)  Sanctions Relating to Support for Terrorism.--On and 
     after the date that is 90 days after the date of the 
     enactment of this Act, the President shall impose the 
     sanctions described in subsection (d) with respect to each 
     foreign person, including any member of the Taliban, that the 
     President determines provides financial, material, or 
     technological support for, or financial or other services to 
     or in support of, any terrorist group in Afghanistan.
       (b) Sanctions Relating to Human Rights Abuses.--On and 
     after the date that is 90 days after the date of the 
     enactment of this Act, the President shall impose the 
     sanctions described in subsection (d) with respect to each 
     foreign person, including any member of the Taliban, that the 
     President determines is responsible for, complicit in, or has 
     directly or indirectly engaged in, serious human rights 
     abuses in Afghanistan.
       (c) Sanctions Relating to Drug Trafficking.--On and after 
     the date that is 90 days after the date of the enactment of 
     this Act, the President shall impose the sanctions described 
     in subsection (d) with respect to each foreign person, 
     including any member of the Taliban, that the President 
     determines--
       (1) plays a significant role in international narcotics 
     trafficking centered in Afghanistan; or
       (2) provides significant financial, material, or 
     technological support for, or financial or other services to 
     or in support of, any person described in paragraph (1).

[[Page S7998]]

       (d) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Property blocking.--The exercise of all of the powers 
     granted to the President under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in property 
     and interests in property of a foreign person described in 
     subsection (a), (b), or (c) if such property and interests in 
     property are in the United States, come within the United 
     States, or come within the possession or control of a United 
     States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A)  Visas, admission, or parole.--An alien described in 
     subsection (a), (b), or (c) shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a), (b), or (c) is subject 
     to revocation regardless of the issue date of the visa or 
     other entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.

     SEC. 1763. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORTERS 
                   OF THE TALIBAN.

       (a) In General.--On and after the date that is 180 days 
     after the date of the enactment of this Act, the President 
     may impose the sanctions described in subsection (c) with 
     respect to any foreign person that the President determines 
     provides support described in subsection (b) to or in support 
     of--
       (1) the Taliban or any member of the Taliban; or
       (2) any agency or instrumentality of the Government of 
     Afghanistan under the direction or control of--
       (A) the Taliban or a member of the Taliban; or
       (B) another terrorist group or a member of such a group.
       (b) Support Described.--Support described in this 
     subsection is any of the following:
       (1) Military or paramilitary training.
       (2) Logistical or intelligence support.
       (3) Safe haven.
       (4) Financial, material, or technological support.
       (5) Financial or other services.
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Property blocking.--The exercise of all of the powers 
     granted to the President under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in property 
     and interests in property of a foreign person described in 
     subsection if such property and interests in property are in 
     the United States, come within the United States, or come 
     within the possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a) is subject to 
     revocation regardless of the issue date of the visa or other 
     entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.

     SEC. 1764. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO 
                   THE TALIBAN.

       (a) Voice and Vote at United Nations.--The Secretary of 
     State shall use the voice and vote of the United States at 
     the United Nations to maintain the sanctions with respect to 
     the Taliban described in and imposed pursuant to United 
     Nations Security Council Resolution 1988 (2011) and United 
     Nations Security Council Resolution 2255 (2015).
       (b) Engagement With Allies and Partners.--The Secretary of 
     State shall, acting through the Office of Sanctions 
     Coordination established under section 1(h) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(h)), engage with the governments of allies and partners 
     of the United States to promote their use of sanctions 
     against the Taliban, particularly for any support for 
     terrorism, serious human rights abuses, or international 
     narcotics trafficking.

     SEC. 1765. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this subtitle.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     subtitle or any regulation, license, or order issued to carry 
     out this subtitle shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (c) Report on Implementation of Sanctions.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary of State and the Secretary of the Treasury shall 
     jointly submit to the appropriate congressional committees a 
     report on the implementation of sanctions under this 
     subtitle.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) A description of the number and identity of foreign 
     persons with respect to which sanctions were imposed under 
     sections 1762 and 1763 during the 90-day period preceding 
     submission of the report.
       (B) A description of the efforts of the United States 
     Government to maintain sanctions on the Taliban at the United 
     Nations pursuant to section 1764(a) during that period.
       (C) A description of the impact of sanctions imposed under 
     sections 1762 and 1763 on the behavior of the Taliban, other 
     groups, and other foreign governments during that period.

     SEC. 1766. WAIVERS; EXCEPTIONS; SUSPENSION.

       (a) Waiver.--The President may waive the application of 
     sanctions under this subtitle with respect to a foreign 
     person if the President, not later than 10 days before the 
     waiver is to take effect, determines and certifies to the 
     appropriate congressional committees that such a waiver is in 
     the vital national security interest of the United States. 
     The President shall submit with the certification a detailed 
     justification explaining the reasons for the waiver.
       (b) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this subtitle shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under section 
     1762(d)(2) or 1763(c)(2) shall not apply with respect to an 
     alien if admitting or paroling the alien into the United 
     States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exceptions for humanitarian purposes.--
       (A) In general.--Sanctions under this subtitle shall not 
     apply with respect to the following activities:
       (i) Activities to support humanitarian projects to meet 
     basic human needs in Afghanistan, including--

       (I) disaster relief;
       (II) assistance to refugees, internally displaced persons, 
     and conflict victims;
       (III) provision of health services; and
       (IV) provision of agricultural commodities, food, medicine, 
     medical devices, or other articles to provide humanitarian 
     assistance to the people of Afghanistan.

       (ii) Activities to support democracy building in 
     Afghanistan, including projects relating to the rule of law, 
     citizen participation, government accountability, and civil 
     society development.
       (iii) Activities determined by the Secretary of State to be 
     appropriate for supporting education in Afghanistan and that 
     do not directly benefit the Taliban, including combating 
     illiteracy, increasing access to education, particularly for 
     girls, and assisting education reform projects.
       (iv) Activities that do not directly benefit the Taliban to 
     prevent infectious disease and promote maternal and child 
     health, food security, and clean water assistance.
       (v) Transactions necessary and incident to activities 
     described in clauses (i) through (v).
       (vi) Transactions incident to travel into or out of 
     Afghanistan on a commercial or charter flight or through a 
     land border crossing.
       (B) Personal communication.--Sanctions under this subtitle 
     shall not apply to any postal, telegraphic, telephonic, or 
     other personal communication that does not involve a transfer 
     of anything of value.
       (C) Internet communications.--Sanctions under this subtitle 
     shall not apply to the provision of--
       (i) services incident to the exchange of personal 
     communications over the internet or software necessary to 
     enable such services;
       (ii) hardware necessary to enable such services; or
       (iii) hardware, software, or technology necessary for 
     access to the internet.
       (D) Goods, services, or technologies necessary to ensure 
     the safe operation of commercial aircraft.--Sanctions under 
     this subtitle shall not apply to the provision of

[[Page S7999]]

     goods, services, or technologies necessary to ensure the safe 
     operation of commercial aircraft produced in the United 
     States or commercial aircraft into which aircraft components 
     produced in the United States are incorporated, if the 
     provision of such goods, services, or technologies is 
     approved by the Secretary of the Treasury, in consultation 
     with the Secretary of Commerce, pursuant to regulations 
     prescribed by the Secretary of the Treasury regarding the 
     provision of such goods, services, or technologies, if 
     appropriate.
       (4) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this subtitle shall not include 
     the authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (c) Suspension of Sanctions.--
       (1) Suspension.--The Secretary of State, in consultation 
     with the Secretary of Defense, the Director of National 
     Intelligence, and the Secretary of the Treasury, may suspend 
     the imposition of sanctions under this subtitle if the 
     Secretary of State certifies in writing to the appropriate 
     congressional committees that the Taliban has--
       (A) publicly and privately broken all ties with other 
     terrorist groups, including al Qaeda;
       (B) verifiably prevented the use of Afghanistan as a 
     platform for terrorist attacks against the United States or 
     partners or allies of the United States, including by denying 
     sanctuary space, transit of Afghan territory, and use of 
     Afghanistan for terrorist training, planning, or equipping;
       (C) provided humanitarian actors with full, unimpeded 
     access to vulnerable populations throughout Afghanistan 
     without interference or diversion;
       (D) respected freedom of movement, including by 
     facilitating the departure of foreign nationals, applicants 
     for the special immigrant visa program, and other at-risk 
     Afghans by air or land routes, and the safe, voluntary, and 
     dignified return of displaced persons; and
       (E) supported the establishment of an inclusive government 
     of Afghanistan that respects the rule of law, press freedom, 
     and human rights, including the rights of women and girls.
       (2) Report required.--The Secretary of State shall submit 
     to the appropriate congressional committees with any 
     certification under paragraph (1) a report addressing in 
     detail each of the criteria for the suspension of sanctions 
     under paragraph (1). Such report shall be submitted in 
     unclassified form.

                     Subtitle G--General Provisions

     SEC. 1771. TERMINATION.

       This title shall terminate on the date that is 10 years 
     after the date of the enactment of this Act.
                                 ______