Afghanistan Withdrawal Oversight and Liability Act or the AWOL Act
This bill prohibits using federal funds appropriated for FY2021 to provide support to the Taliban. The bill also requires reports and certifications related to Afghanistan.
Specifically, no FY2021 funds may be used to (1) make payments or contributions of material support to the Taliban, or (2) provide relief from sanctions against the Taliban or its leaders.
The bill requires the President to report to Congress on efforts to evacuate U.S. citizens and lawful permanent residents from Afghanistan. The President must also certify to Congress when all such individuals seeking evacuation from Afghanistan have been evacuated.
The Department of State must periodically report to Congress on any agreements between the United States and the Taliban. Within seven days of the United States reaching an agreement with the Taliban, the State Department must provide to Congress all materials relevant to that agreement.
The bill also requires the Office of the Inspector General of the State Department to report to Congress about the State Department's compliance with legal requirements in connection to agreements with the Taliban. Specifically, the office must assess compliance with a law that requires the State Department to provide certain information to Congress when the United States enters certain international agreements.
The Department of Defense must report to Congress concerning U.S. equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during a period starting from February 29, 2020.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5127 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5127
To provide transparency regarding critical aspects of the United States
withdrawal from Afghanistan, to prevent United States support to the
Taliban, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 31, 2021
Mr. Gallagher (for himself, Mr. McCarthy, Ms. Stefanik, Mr. McCaul, Mr.
Rogers of Alabama, Mrs. Hartzler, Mr. Steil, Mr. Budd, Mr. Babin, Mr.
Van Drew, Mrs. Miller-Meeks, Mr. Fitzgerald, Mr. Stauber, Mr. LaTurner,
Mr. Rice of South Carolina, Mrs. Wagner, Mr. Baird, and Mr. Smith of
Nebraska) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide transparency regarding critical aspects of the United States
withdrawal from Afghanistan, to prevent United States support to the
Taliban, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan Withdrawal Oversight and
Liability Act'' or the ``AWOL Act''.
SEC. 2. REPORT AND OTHER MATTERS RELATING TO EVACUATION OF UNITED
STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS WHO REMAIN
BEHIND ENEMY LINES IN AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should take every necessary step to evacuate all
citizens and lawful permanent residents of the United States from
Afghanistan, regardless of United States troop presence on the ground
in Afghanistan after August 31, 2021.
(b) Report.--
(1) In general.--Not later than two days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees and leadership a report on
the efforts to evacuate citizens and lawful permanent residents
of the United States from Afghanistan.
(2) Contents.--The report required by this subsection shall
include, as of the date on which the report is submitted, each
of the following:
(A) The total number of citizens and lawful
permanent residents of the United States who remain in
Afghanistan.
(B) The total number of immediate family members of
citizens and lawful permanent residents of the United
States who remain in Afghanistan.
(C) The total number, for each category, of Afghan
Special Immigrant Visa applicants, and Afghan nationals
designated as Priority 1 (P1) and Priority 2 (P2) for
the U.S. Refugee Admissions Program who remain in
Afghanistan.
(D) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, who have requested but
not received evacuation from Afghanistan, including a
description of the location of such individuals to the
extent practicable and consistent with the safety of
such individuals.
(E) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, who have been evacuated
from Afghanistan since August 13, 2021.
(F) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, in Afghanistan who have
been unable to evacuate, including an explanation of--
(i) conditions that prohibited such
evacuation; and
(ii) any efforts being made to overcome
such conditions.
(G) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, who have been detained
by the Taliban and a description of the efforts being
made to secure the release of such individuals.
(H) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, who have been injured
or killed in Afghanistan since August 13, 2021.
(I) The total number of Department of Defense and
Civil Reserve Air Fleet aircraft used to evacuate
citizens and lawful permanent residents of the United
States from Afghanistan since August 13, 2021.
(J) The total number of nationals of Afghanistan
who have been evacuated from Afghanistan on Department
of Defense aircraft since August 13, 2021, and a
description of the final destinations of such
individuals and the number of such individuals
evacuated to each such final destination.
(K) The total number of citizens and lawful
permanent residents of the United States, as well as
their immediate family members, and nationals of
Afghanistan who have been evacuated from Afghanistan on
chartered and other civilian aircraft since August 13,
2021.
(L) The total number of nationals of Afghanistan
eligible for evacuation from Afghanistan on Department
of Defense aircraft.
(c) Certification by President.--When the President determines that
all citizens and lawful permanent residents of the United States who
are seeking evacuation from Afghanistan have been evacuated from
Afghanistan, the President shall transmit to the appropriate
congressional committees and leadership a certification of such
determination.
(d) Prohibition on Support to the Taliban.--None of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2021 may be obligated or expended for any activity that would
provide support to the Taliban, either--
(1) by payments or contributions of material support to the
Taliban, whether provided directly or indirectly, including
through third parties; or
(2) by relief from, or the removal of, bilateral or
multilateral sanctions applicable to the Taliban or Taliban
leaders as of the date of enactment of this Act.
SEC. 3. OVERSIGHT OF AGREEMENTS BETWEEN THE UNITED STATES AND THE
TALIBAN.
(a) In General.--Not later than five days after the date of
enactment of this Act, and every month thereafter, the Secretary of
State shall submit to the appropriate congressional committees and
leadership a report regarding any agreements between the United States
and the Taliban.
(b) Contents.--The report required by this section shall include,
as of the date on which the report is submitted, each of the following:
(1) Details of any agreement reached or commitments made
after August 13, 2021, to secure United States access to Hamid
Karzai International Airport to facilitate the evacuation of
United States citizens, lawful permanent residents, or Afghan
partners.
(2) A detailed accounting of any personal identifying
information of United States citizens, lawful permanent
residents, or Afghan partners seeking evacuation from
Afghanistan that was provided to the Taliban, including--
(A) the number of individuals whose information was
shared;
(B) a description of the exact types of information
shared; and
(C) the number of individuals whose information was
shared whose evacuation from Afghanistan cannot be
confirmed.
(3) Details of any agreement reached or commitments made
regarding evacuations of United States citizens, lawful
permanent residents, or any Afghans who wish to leave
Afghanistan following the United States military withdrawal on
August 31, 2021.
(4) Details on any agreement reached or commitments made in
connection with any United States diplomatic presence in
Afghanistan following the United States military withdrawal on
August 31, 2021.
(5) Any agreements or commitments made by the United States
regarding future financial or material support.
(6) Any agreements or commitments made by the United States
regarding sanctions relief.
(7) Any agreements or commitments made by the United States
regarding future recognition of a Taliban government, including
of a potential future Islamic Emirate.
(8) Any other agreements or commitments, informal or
formal, made prior to the United States military withdrawal
from Afghanistan and following the military withdrawal on
August 31, 2021.
(9) Any intelligence-related information provided by the
United States to the Taliban and any threat information
provided by the United States to the Taliban.
(c) Transmission to Congress of Materials Relevant to Any Agreement
Reached With the Taliban.--Not later than 7 days after the conclusion
of any formal or informal agreement between the United States and the
Taliban, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate congressional committees and
leadership all materials relevant to the agreement.
(d) Inspector General Oversight of Taliban Agreements.--Not later
than 14 months after the date of the enactment of this Act, the Office
of the Inspector General of the Department of State shall submit to the
appropriate congressional committees and leadership a report on the
compliance of the Secretary of State with the Case-Zablocki Act (1
U.S.C. 112b) in connection with agreements with the Taliban during the
one year period following the enactment of this Act.
SEC. 4. REPORT ON UNITED STATES EQUIPMENT, PROPERTY, AND CLASSIFIED
MATERIAL THAT WAS DESTROYED, SURRENDERED, OR ABANDONED IN
THE WITHDRAWAL FROM AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments and the Commander of United
States Central Command, shall submit to the appropriate congressional
committees and leadership a report regarding United States equipment,
property, and classified material that was destroyed, surrendered, or
abandoned in Afghanistan between February 29, 2020, and the date that
is 180 days after the date of the enactment of this Act.
(b) Contents.--The report required by this section shall include
each of the following:
(1) A determination of the value of the United States
equipment, property, and classified material that was
destroyed, surrendered, or abandoned, disaggregated by military
department and itemized to the most specific feasible level.
(2) An itemized list of destroyed, surrendered, or
abandoned aircraft, aircraft parts and supply, and aircraft
maintenance items, including aircraft, aircraft parts and
supply, and aircraft maintenance items formerly possessed by
the Afghan Air Force or the former government of Afghanistan.
(3) An itemized list of destroyed, surrendered, or
abandoned fuel and fuel dispensing equipment, disaggregated by
military department.
(4) An itemized list of destroyed, surrendered, or
abandoned weapons, weapon systems, components of weapons or
weapon systems, ammunition, explosives, missiles, ordnance,
bombs, mines, or projectiles, disaggregated by military
department.
(5) For each item on a list referred to in paragraphs (2)
through (4), an explanation of the legal authority relied upon
to destroy, surrender, or abandon that specific item.
(6) An assessment of how many biometric devices may be in
the possession of the Taliban, and what access they may have
had to biometric databases.
(7) An evaluation of the capabilities of the Taliban post-
withdrawal as a result of their seizure of surrendered or
abandoned United States equipment, property, and classified
material.
(8) An assessment of the damage to the national security
interests of the United States as a result of the destroyed,
surrendered, or abandoned United States equipment, property,
and classified material.
(9) An assessment of the feasibility of disabling,
destroying, or recapturing surrendered or abandoned United
States equipment, property, or classified material.
(10) Available imagery or photography depicting the Taliban
possessing surrendered or abandoned United States equipment,
property, or classified material.
SEC. 5. SENSE OF CONGRESS REGARDING NON-RECOGNITION OF THE TALIBAN.
It is the sense of Congress that the United States should not
formally recognize the Taliban, or its so-called Islamic Emirate of
Afghanistan, as the government of Afghanistan or take any action to
alter bilateral or multilateral sanctions applicable to the Taliban or
Taliban leaders while the Taliban refuses to form an inclusive
government that respects and protects the rights of all Afghan
citizens.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Appropriations, the
Permanent Select Committee on Intelligence, and the
Speaker and the majority and minority leaders of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Appropriations, the Select Committee on Intelligence,
and the majority and minority leaders of the Senate.
(2) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to
itself as the ``Islamic Emirate of Afghanistan'' that
was founded by Mohammed Omar, and that violently seized
control of Afghanistan by entering Kabul on August 15,
2021; and
(B) includes subordinate organizations, such as the
Haqqani Network, and any other successor organization
or formal government.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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