[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5709
To direct the Director of National Intelligence to produce a National
Intelligence Estimate on the situation in Afghanistan, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2021
Mr. Crow (for himself and Mr. Wenstrup) introduced the following bill;
which was referred to the Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To direct the Director of National Intelligence to produce a National
Intelligence Estimate on the situation in Afghanistan, 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 Security Through
Intelligence Act''.
SEC. 2. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN
AFGHANISTAN AND RELATED REGION.
(a) Requirement.--The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan and the covered
region.
(b) Matters.--The National Intelligence Estimate produced under
subsection (a) shall include, with respect to the 2-year period
beginning on the date on which the Estimate is produced, an assessment
of the following:
(1) The presence in Afghanistan (including financial
contributions to the Taliban, political relations with the
Taliban, military presence in the covered region, economic
presence in the covered region, and diplomatic presence in the
covered region) of China, Iran, Pakistan, Russia, and any other
foreign country determined relevant by the Director,
respectively, and an assessment of the potential risks, or
benefits, of any such presence, contributions, or relations.
(2) Any change in the threat to the United States homeland
or United States entities abroad as a result of the withdrawal
of the Armed Forces from Afghanistan on August 31, 2021,
including an assessment of the risk of al-Qaeda or any
affiliates thereof, the Islamic State of Iraq and ash Sham-
Khorasan or any affiliates thereof, or any other similar
international terrorist group, using Afghanistan as a safe
haven for launching attacks on the United States and its
interests abroad.
(3) The political composition and sustainability of the
governing body of Afghanistan, including an assessment of the
ability of the United States Government to influence the
policies of such governing body on the following:
(A) Counterterrorism.
(B) Counternarcotics.
(C) Human rights (particularly regarding women and
girls and traditionally targeted ethnic groups).
(D) The treatment and safe transit of Afghans
holding special immigrant visa status under section 602
of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) and other Afghans who, during the period
beginning in 2001, assisted efforts of the United
States in Afghanistan or the covered region.
(4) The effect on the covered region, and Europe, of
refugees leaving Afghanistan.
(5) The commitments of the Taliban relating to
counterterrorism, including an assessment of--
(A) whether such commitments required under the
agreement entered into between the United States
Government and the Taliban in February 2020, have been
tested, or will be tested during the 2-year period
covered by the Estimate, and what such commitments
entail;
(B) whether any additional commitments relating to
counterterrorism agreed to by the Taliban pursuant to
subsequent negotiations with the United States
Government following February 2020, have been tested,
or will be tested during the 2-year period covered by
the Estimate, and, if applicable, what such commitments
entail;
(C) any benchmarks against which the Taliban are to
be evaluated with respect to commitments relating to
counterterrorism; and
(D) the intentions and capabilities of the Taliban
with respect to counterterrorism (as such term is
understood by the United States and by the Taliban,
respectively), including the relations of the Taliban
with al-Qaeda or any affiliates thereof, the Islamic
State of Iraq and ash Sham-Khorasan or any affiliates
thereof, or any other similar international terrorist
group.
(c) Submission to Congress.--
(1) Submission.--Not later than one year after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees the National Intelligence
Estimate produced under subsection (a), including all
intelligence reporting underlying the Estimate.
(2) Form.--The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) Public Version.--Consistent with the protection of intelligence
sources and methods, at the same time as the Director submits to the
congressional intelligence committees the National Intelligence
Estimate under subsection (c), the Director shall make publicly
available on the internet website of the Director an unclassified
version of the key findings of the National Intelligence Estimate.
(e) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
(2) Covered region.--The term ``covered region'' includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries,
including Qatar, Saudi Arabia, the United Arab
Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(3) United states entity.--The term ``United States
entity'' means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility,
or personnel of the United States Government.
SEC. 3. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS
RELATING TO AFGHANISTAN AND RELATED REGION.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the heads of elements of the intelligence community determined
relevant by the Director, shall submit to the congressional
intelligence committees a report on the collection posture of the
intelligence community and other matters relating to Afghanistan and
the covered region.
(b) Matters.--The report under subsection (a) shall include the
following:
(1) A detailed description of the collection posture of the
intelligence community with respect to Afghanistan, including
with respect to the following:
(A) The countering of terrorism threats that are
directed at the United States homeland or United States
entities abroad.
(B) The finances of the Taliban, including
financial contributions to the Taliban from foreign
countries (particularly from China, Iran, Russia, and
any other foreign country in the Arab Gulf region (or
elsewhere) determined relevant by the Director,
respectively).
(C) The detection, and prevention of, any increased
threat to the United States homeland or United States
entities abroad as a result of the withdrawal of the
United States Armed Forces from Afghanistan on August
31, 2021, including any such increased threat resulting
from al-Qaeda or any affiliates thereof, the Islamic
State of Iraq and ash Sham-Khorasan or any affiliates
thereof, or any other similar international terrorist
group, using Afghanistan as a safe harbor.
(2) A detailed description of any plans, strategies, or
efforts to improve the collection posture described in
paragraph (1)(A), including by filling any gaps identified
pursuant to such paragraph.
(3) An assessment of the effect of publicly documenting
abuses engaged in by the Taliban, and a description of the
efforts of the intelligence community to support other
departments and agencies in the Federal Government with respect
to the collection and documentation of such abuses.
(4) An assessment of the relationship between the
intelligence community and countries in the covered region,
including an assessment of the following:
(A) Intelligence and information sharing with such
countries.
(B) Any change in the collection posture of the
intelligence community with respect to the nuclear
activities of such countries as a result of the
withdrawal of the United States Armed Forces from
Afghanistan on August 31, 2021.
(C) The collection posture of the intelligence
community with respect to the presence of such
countries in Afghanistan (including financial
contributions to the Taliban, political relations with
the Taliban, military presence in Afghanistan, economic
presence in Afghanistan, and diplomatic presence in
Afghanistan) and the understanding of the intelligence
community regarding the potential risks, or benefits,
of any such presence, contributions, or relations.
(D) The ability of the intelligence community to
use the airspace of any such countries.
(5) An assessment of any financial contributions to the
Taliban from foreign countries (particularly from China, Iran,
Russia, and any other foreign country in the Arab Gulf region
(or elsewhere) determined relevant by the Director,
respectively) made during the year preceding the withdrawal of
the United States Armed Forces from Afghanistan on August 31,
2021.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but shall include an unclassified summary.
(d) Biannual Updates.--On a biannual basis during the 5-year period
following the date of the submission of the report under subsection
(a), the Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community determined relevant
by the Director, shall submit to the congressional intelligence
committees an update to such report.
(e) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
(2) Covered region.--The term ``covered region'' includes
the following countries:
(A) China.
(B) The Gulf Cooperation Council countries,
including Qatar, Saudi Arabia, the United Arab
Emirates.
(C) India.
(D) Iran.
(E) Pakistan.
(F) Tajikistan.
(G) Turkey.
(H) Turkmenistan.
(I) Uzbekistan.
(3) United states entity.--The term ``United States
entity'' means a citizen of the United States, an embassy or
consulate of the United States, or an installation, facility,
or personnel of the United States Government.
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