Section 1. Short title
This Act may be cited as the No Funding Without Freedom Act.
(a) In general
None of the funds authorized to be appropriated or otherwise made available to the Department of State for Afghanistan may be made available unless and until the Secretary of State certifies to the appropriate congressional committees that all United States nationals who are determined by the Secretary of State to be unlawfully or wrongfully detained by the Government of Afghanistan, or by groups or individuals within Afghanistan, have been released.
(b) Waiver
The President may waive the prohibition in subsection (a) if the President determines and certifies to the appropriate congressional committees that such a waiver is necessary to secure the release of a United States national who is determined by the Secretary of State to be unlawfully or wrongfully detained by the Government of Afghanistan, or by groups or individuals within Afghanistan. Such certification shall include a detailed justification for the waiver, including the steps being taken to secure the release other unlawfully or wrongfully detained United States nationals by such government or groups or individuals.
(c) Report
Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to the congressional committees a report on the status of all United States nationals who are determined by the Secretary of State to be unlawfully or wrongfully detained by the Government of Afghanistan, or by groups or individuals within Afghanistan, including efforts taken to secure their release and the status of compliance with the certification requirement in subsection (b).
(d) Applicability of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act
The Secretary of State shall make all determinations of whether United States nationals are unlawfully or wrongfully detained by the Government of Afghanistan, or by groups or individuals within Afghanistan, under this section in accordance with the provisions of section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741).
(e) Definition
In this section, the term appropriate congressional committees means—
(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.