[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7343 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7343

To limit the use of funds to reduce the number of Armed Forces deployed 
                to Afghanistan, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2020

    Mr. Crow (for himself, Ms. Cheney, Mr. Waltz, and Mrs. Davis of 
 California) introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
  Foreign Affairs, 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 limit the use of funds to reduce the number of Armed Forces deployed 
                to 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 Partnership and 
Transparency Act''.

SEC. 2. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the national security interests of the United 
        States to deny terrorists safe haven in Afghanistan, protect 
        the United States homeland, uphold the United States 
        partnership with the Government of Afghanistan and cooperation 
        with the Afghan National Defense and Security Forces, and 
        protect the hard-fought rights of women, girls, and other 
        vulnerable populations in Afghanistan;
            (2) a rapid military drawdown and a lack of United States 
        commitment to the security and stability of Afghanistan would 
        undermine diplomatic efforts for peace;
            (3) the current agreement between the United States and the 
        Taliban does not provide for the appropriate protections for 
        vulnerable populations, does not create conditions for the 
        rejection of violence and prevention of terrorist safe havens, 
        and does not represent a realistic diplomatic solution, based 
        on verifiable facts and conditions on the ground, that provides 
        for long-term stability; and
            (4) the Administration has a constitutional obligation to 
        provide Congress with timely and comprehensive information on 
        the status of security operations and diplomatic efforts in a 
        form that can be transparently communicated to the American 
        people.
    (b) Limitation.--Until the date on which the Secretary of Defense, 
in concurrence with each covered official, submits the report described 
in subsection (c) to the appropriate congressional committees, none of 
the amounts authorized to be appropriated for fiscal year 2020 or 2021 
for the Department of Defense may be obligated or expended for any 
activity having either of the following effects:
            (1) Reducing the total number of Armed Forces deployed to 
        Afghanistan below the lesser of--
                    (A) 8,000, or
                    (B) the total number of the Armed Forces deployed 
                as of the date of the enactment of this Act.
            (2) Reducing the total number of Armed Forces deployed to 
        Afghanistan below 5,000.
    (c) Report.--The report described in this subsection shall include 
each of the following:
            (1) A certification that the intended withdrawal of the 
        United States Armed Forces in Afghanistan--
                    (A) will not compromise or otherwise negatively 
                affect the ongoing United States counterterrorism 
                mission against the Islamic State, al-Qaeda, and 
                associated forces;
                    (B) will not unduly increase the risk to United 
                States personnel in Afghanistan;
                    (C) will not increase the risk for the expansion of 
                existing or formation of new terrorist safe havens 
                inside Afghanistan;
                    (D) will be undertaken with the consultation and 
                coordination of allies supporting the United States- 
                and North Atlantic Treaty Organization-led missions; 
                and
                    (E) is in the best interest of United States 
                national security and in furtherance of United States 
                policy toward Afghanistan for achieving an enduring 
                diplomatic solution.
            (2) An analysis of the impact that the intended withdrawal 
        of United States Armed Forces from Afghanistan would have on 
        each of the following:
                    (A) The threat posed by the Taliban and terrorist 
                organizations, including by each covered terrorist 
                organization, to--
                            (i) the United States homeland;
                            (ii) United States interests abroad;
                            (iii) allied countries of the North 
                        Atlantic Treaty Organization;
                            (iv) the Government of Afghanistan; and
                            (v) regional peace and security.
                    (B) The status of the human and civil rights 
                (including access to voting, education, justice, and 
                economic opportunities) of women, girls, people with 
                disabilities, religious and ethnic minorities, and 
                other vulnerable populations in Afghanistan.
                    (C) Transparent, credible, and inclusive political 
                processes in Afghanistan.
                    (D) The capacity of the Afghan National Defense and 
                Security Forces to effectively--
                            (i) prevent or defend against attacks by 
                        the Taliban or by terrorist organizations 
                        (including by each covered terrorist 
                        organization) on civilian populations;
                            (ii) prevent the takeover of one or more 
                        provincial capitals by the Taliban or by 
                        associated organizations;
                            (iii) conduct counterterrorism operations 
                        necessary to deny safe harbor to terrorist 
                        organizations, including each covered terrorist 
                        organization; and
                            (iv) maintain institutional order and 
                        discipline.
                    (E) The influence of malign state actors on the 
                sovereignty of Afghanistan and the strategic national 
                security interests of the United States in the region.
                    (F) Any other matter the Secretary of Defense, in 
                concurrence with each covered official, determines 
                appropriate.
            (3) An assessment of the manner and extent to which--
                    (A) the Taliban has publicly renounced al-Qaeda;
                    (B) the Taliban has made any efforts to break with 
                al-Qaeda since February 29, 2020, and a description of 
                these efforts;
                    (C) any senior al-Qaeda leaders, including Ayman 
                al-Zawahiri, or any leaders of al-Qaeda in the Indian 
                Subcontinent, have been present in Afghanistan since 
                February 29, 2020, and if so, the names of the leaders, 
                the dates they were present in Afghanistan, and their 
                other locations since February 29, 2020;
                    (D) any members of al-Qaeda, al-Qaeda in the Indian 
                Subcontinent, al-Qaeda-affiliated groups, or any 
                covered terrorist organization have, since February 29, 
                2020--
                            (i) fought alongside, trained alongside, 
                        otherwise operated alongside, or sheltered with 
                        the Taliban in Afghanistan;
                            (ii) conducted attacks inside Afghanistan, 
                        and, if so, the dates and locations of such 
                        attacks;
                            (iii) operated training camps or related 
                        facilities inside Afghanistan, and, if so, the 
                        locations of those camps or facilities;
                            (iv) traveled from Afghanistan to Pakistan 
                        or Iran, or from Pakistan or Iran to 
                        Afghanistan;
                            (v) continued to have ties to any Taliban 
                        leaders or members located in Pakistan; or
                            (vi) continued to work with the Haqqani 
                        Network;
                    (E) any of the prisoners released by the Government 
                of Afghanistan as a result of the February 29, 2020, 
                agreement between the United States and Taliban--
                            (i) are members of, or have ties to, any 
                        covered terrorist organizations or any other 
                        organization designated by the United States as 
                        a foreign terrorist organization pursuant to 
                        section 219 of the Immigration and Nationality 
                        Act (8 U.S.C. 1189) and, if so, the names of 
                        such former prisoners and the reasons for their 
                        detention inside Afghanistan; or
                            (ii) are suspected of taking part in 
                        attacks against American service members or 
                        civilians or attacks that caused American 
                        casualties and, if so, the names of the 
                        prisoners, the date and location of such 
                        attacks, and the number of American casualties 
                        attributed to such attacks;
                    (F) any of the prisoners the Taliban has requested 
                for release, but who have not yet been released as of 
                the date of the enactment of this Act, are members of, 
                or have ties to, any covered terrorist organizations or 
                any other organization designated by the United States 
                as a foreign terrorist organization pursuant to section 
                219 of the Immigration and Nationality Act (8 U.S.C. 
                1189) and, if so, the names of the prisoners and the 
                organizations to which they are affiliated; and
                    (G) senior Taliban leaders, including members of 
                the Haqqani Network, who are located in Pakistan 
                continue to exercise control over the insurgency in 
                Afghanistan.
            (4) The number of attacks that the Taliban has carried out 
        in Afghanistan since February 29, 2020, including the location 
        and date of each attack as well as casualties related to each 
        attack.
    (d) Form.--The report described in subsection (c) shall be 
submitted in unclassified form without any designation relating to 
dissemination control, but may contain a classified annex that is 
accompanied by an unclassified summary of the annex.
    (e) Waiver.--The Secretary of Defense may waive the limitation 
under subsection (b) if, in consultation with the Chairman of the Joint 
Chiefs of Staff and the Commander of United States Forces, Afghanistan, 
the Secretary--
            (1) determines that the waiver is--
                    (A) necessary due to an imminent and extraordinary 
                threat to members of the United States Armed Forces in 
                the Afghanistan; or
                    (B) vital to the national security interests of the 
                United States; and
            (2) submits to the appropriate congressional committees a 
        detailed, written justification for such waiver, not later than 
        10 days after the effective date of the waiver; and
            (3) in the case of a determination described in paragraph 
        (1)(A), includes in such justification each of the following:
                    (A) A detailed description of the change in threat 
                assessment leading to the determination.
                    (B) An explanation for the reasons for which 
                existing force protection mechanisms were not 
                sufficient to reasonably ensure the safety of members 
                of the Armed Forces.
                    (C) The steps that have been taken to ensure that 
                United States equipment does not fall into enemy hands.
                    (D) A description of the coordination with allied 
                countries of the North Atlantic Treaty Organization and 
                with other allies and partners with respect to the 
                withdrawal.
                    (E) A description of the coordination with the 
                Department of State to ensure the safety of American 
                citizens in Afghanistan in light of and subsequent to 
                the withdrawal.
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the House of 
                Representatives and the Committee on Armed Services of 
                the Senate;
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives and the Committee on Foreign 
                Relations of the Senate; and
                    (C) the Permanent Select Committee on Intelligence 
                of the House of Representatives and the Select 
                Committee on Intelligence of the Senate.
            (2) Covered official.--The term ``covered official'' 
        means--
                    (A) the Secretary of State;
                    (B) the Director of National Intelligence;
                    (C) the Chairman of the Joint Chiefs of Staff;
                    (D) the Commander of United States Central Command;
                    (E) the Commander of United States Forces, 
                Afghanistan; and
                    (F) the United States Permanent Representative to 
                the North Atlantic Treaty Organization.
            (3) Covered terrorist organization.--The term ``covered 
        terrorist organization'' means any of the following:
                    (A) al-Qaeda and affiliates, including al-Qaeda in 
                the Indian Subcontinent.
                    (B) The Islamic State and affiliates.
                    (C) Tehrik-e Taliban Pakistan.
                    (D) The Haqqani Network.
                    (E) Islamic Movement of Uzbekistan.
                    (F) Eastern Turkistan Islamic Movement.
                    (G) Ansralluh.
                    (H) Lashkar-e-Tayyiba (including under the alias 
                Jamaat-ud-Dawa).
                    (I) Jaish-e-Mohammed.
                    (J) Harakat ul-Jihad-Islami.
                    (K) Harakat ul-Mujahidin.
                    (L) Jaysh al-Adl.
                    (M) Lashkar-i-Jhangvi.
                    (N) Mullah Nasir Group.
                    (O) Hafiz Gul Bahadar Group.
                    (P) Lashkar-i-Islam.
                    (Q) Islamic Jihad Union Group.
                    (R) Jamaat-ud-Dawa al Quran.
                    (S) Ansarul Islam.
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