Preventing the Recognition of Terrorist States Act of 2021

to continue to recognize the democratically elected government of the Islamic Republic of Afghanistan as the legitimate Government of Afghanistan;

to not recognize the Islamic Emirate of Afghanistan, which is controlled by the Taliban, as the official Government of Afghanistan under any circumstances;

to view the Taliban’s takeover of Afghanistan as a coup d’état and therefore illegitimate;

to recognize that individuals designated as terrorists by the United States, such as Sirajuddin Haqqani, will play a key role in the Taliban regime; and

to continue to assist the people of Afghanistan, especially people at risk as a result of their activities, beliefs, religion, or political views.

In general— In furtherance of the policy set forth in section 2, no Federal department or agency may take any action or extend any assistance that states or implies recognition of the Taliban’s claim of sovereignty over Afghanistan.

Funding limitation— Notwithstanding any other provision of law, no Federal funds appropriated or otherwise made available for the Department of State, the United States Agency for International Development, or the Department of Defense on or after the date of the enactment of this Act may be obligated or expended to prepare or promulgate any policy, guidance, regulation, notice, or Executive order, or to otherwise implement, administer, or enforce any policy, that extends diplomatic recognition to the Islamic Emirate of Afghanistan.

In general— The Secretary of State shall designate the Islamic Emirate of Afghanistan as a state sponsor of terrorism.

State sponsor of terrorism defined— In this section, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism, for purposes of—

a determination of whether the Taliban should be designated as—

a determination of whether Afghanistan, while under the control of the Taliban, should be designated as a high-risk jurisdiction subject to a call for action (commonly referred to as the “black list”) under the criteria established for such designation by the Financial Action Task Force.

assess whether the importation of rare earth metals extracted in Afghanistan and goods produced from such metals violates the prohibition on importation of goods made with forced labor under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and

consider issuing a withhold release order with respect to such metals and goods to prevent such metals and goods from entering the United States.

describes the Taliban’s relations with Iran, the Russian Federation, Pakistan, Saudi Arabia, the United Arab Emirates, Tajikistan, Uzbekistan, and the People’s Republic of China;

identifies each foreign person that knowingly assists, provides significant support or services to, or is involved in a significant transaction with, a senior member of the Taliban or a supporter of the Taliban; and

assesses—

designated by the Secretary of State as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and

designated as a specially designated global terrorist organizations under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

In general— The President shall impose 2 or more of the sanctions described in subsection (b) with respect to each foreign person identified under paragraph (2) of section 8 in the most recent report submitted under that section.

Sanctions described— The sanctions that may be imposed with respect to a foreign person under subsection (a) are the following:

Definitions— In this section:

In general— Before obligating funds described in subsection (b) for assistance in or for Afghanistan and Pakistan or any other country in which organizations designated by the Secretary of State as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) hold territory or wield substantial economic or political power, the Administrator of the United States Agency for International Development shall take all appropriate steps to ensure that such assistance is not provided to or through—

Funds described— Funds described in this subsection are funds appropriated under the heading “Economic Support Fund”, “Development Assistance”, “Global Health”, “Transition Initiatives”, or “International Humanitarian Assistance” in an Act making appropriations for the Department of State, foreign operations, and related programs or making supplemental appropriations.

In general— None of the funds appropriated or otherwise made available pursuant to an Act making appropriations for the Department of State, foreign operations, and related programs or making supplemental appropriations may be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of the enactment of this Act, a coup d'état or decree in which the military plays a decisive role.

Resumption of assistance— Assistance described in subsection (a) may be resumed to a government described in that subsection if the Secretary of State certifies and reports to Congress that, subsequent to the termination of such assistance, a democratically elected government has taken office.

Exception— The prohibition under subsection (a) shall not apply to assistance to promote democratic elections or public participation in democratic processes.

Notification procedures— Funds made available pursuant to subsection (b) or (c) shall be subject to the regular notification procedures of the Committees on Appropriations of the Senate and the House of Representatives.