[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2953 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2953

To provide congressional oversight of United States talks with Taliban 
        officials and Afghanistan's comprehensive peace process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2019

Mr. Menendez (for himself and Mr. Young) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To provide congressional oversight of United States talks with Taliban 
        officials and Afghanistan's comprehensive peace process.

    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 ``Ensuring a Durable Afghanistan Peace 
Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Committee on Appropriations 
                of the House of Representatives.
            (2) United states special representative for afghan 
        reconciliation.--The term ``United States Special 
        Representative for Afghan Reconciliation'' or ``SRAR'' refers 
        to the United States Department of State office charged with 
        conducting peace talks with the Taliban.
            (3) Government of afghanistan.--The term ``Government of 
        Afghanistan'' means the Government of Afghanistan and its 
        agencies, instrumentalities, and controlled entities.
            (4) National security committees.--The term ``national 
        security committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (5) Taliban officials.--The term ``Taliban officials'' 
        refers to the leader and members of the Afghan Taliban, and its 
        officials constituting the Taliban peace delegation, including 
        the head of the peace delegation based in Qatar.
            (6) The taliban.--The term ``the Taliban'' refers to the 
        organization led by Mawlawi Hibatullah Akhundzada.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) After al-Qaeda attacked the United States on September 
        11, 2001, the United States Government sought to eliminate al-
        Qaeda's safe havens and training camps in Afghanistan.
            (2) While in power, the Taliban government, led by Mullah 
        Omar, granted al-Qaeda sanctuary in Afghanistan. The Taliban 
        government fell in 2001 following the United States-led 
        Operation Enduring Freedom.
            (3) The United States Armed Forces, international partners, 
        and the Afghan National Security and Defense Forces have fought 
        with valor, honor, and effectiveness to eliminate terrorist 
        threats, including threats against the United States. Since 
        September 11, 2001, there have been no attacks on United States 
        soil emanating from Afghanistan. The United States has made 
        significant progress towards its original counterterrorism 
        objectives in Afghanistan by decimating the leadership of al-
        Qaeda.
            (4) The United States military mission in Afghanistan 
        (Operation Enduring Freedom and Operation Freedom Sentinel) has 
        been the longest military operation in United States history. 
        More than 2,200 United States service men and women have been 
        killed in Afghanistan, with more than 20,000 service members 
        wounded. United States forces continue to disrupt and degrade 
        the Taliban's combat operations, the Islamic State of Iraq and 
        the Levant-Khorasan Province (ISIS-K) and al-Qaeda activities 
        in Afghanistan, through partnered operations with Afghan 
        forces, as well as unilateral operations.
            (5) Responding to the only Article V invocation in NATO's 
        history, 17,000 service members from 39 countries currently 
        operate in Afghanistan, including approximately 12,000 United 
        States forces.
            (6) Afghan security forces have reportedly lost more than 
        45,000 soldiers in battle since 2014.
            (7) In September 2018, the Department of State appointed 
        former Ambassador to Afghanistan Zalmay Khalilzad as the United 
        States Special Representative for Afghan Reconciliation (SRAR).
            (8) The NATO Mission Commander, United States Army General 
        Austin ``Scott'' Miller stated in October 2018, ``This [war in 
        Afghanistan] is not going to be won militarily . . . This is 
        going to be a political solution.''
            (9) In October 2018, the Government of Pakistan released 
        Mullah Abdul Ghani Baradar, one of the co-founders of the 
        Taliban, whom Pakistani authorities had arrested in Karachi in 
        2010. In January 2019, Mr. Baradar was appointed as the head of 
        the Taliban's political office in Qatar to lead peace talks 
        with the United States.
            (10) SRAR Khalilzad announced on Twitter on March 12, 2019, 
        after peace talks with Taliban officials, a four-pronged 
        framework for peace in Afghanistan: counter-terrorism 
        assurances, troop withdrawal, intra-Afghan dialogue, and a 
        comprehensive ceasefire. He noted that in January 2019, he and 
        the Taliban ``agreed in principle'' on the four elements, and 
        that the two sides had ``agreed in draft'' on the first two 
        elements during the March 2019 talks. He stated, ``When the 
        agreement in draft about a withdrawal timeline and effective 
        counterterrorism measures is finalized, the Taliban and other 
        Afghans, including the government, will begin intra-Afghan 
        negotiations on a political settlement and comprehensive 
        ceasefire . . . and there is no final agreement until 
        everything is agreed''.
            (11) On April 26, 2019, the United States Department of 
        State issued a media note on the Joint Statement on Trilateral 
        Meeting on Afghan Peace Process following a meeting in Moscow 
        between representatives from the United States, China, and 
        Russia stating, ``They [the three country representatives] take 
        note of the Afghan Taliban's commitment to: fight ISIS and cut 
        ties with al-Qaeda, ETIM, and other international terrorists 
        groups; ensure the areas they control will not be used to 
        threaten any other country, and call on them to prevent 
        terrorist recruiting, training, and fundraising, and expel any 
        known terrorists.''
            (12) In an interview with the New York Times in January 
        2019, SRAR Khalilzad stated, ``The Taliban [officials] have 
        committed, to our satisfaction, to do what is necessary that 
        would prevent Afghanistan from ever becoming a platform for 
        international terrorist groups or individuals.''
            (13) Al Qaeda considers Afghanistan a continuing safe haven 
        for its leadership, relying on its long-standing and strong 
        relationship with the Taliban leadership. Top leaders of al 
        Qaeda remain loyal to the leader of the Taliban, Mawlawi 
        Hibatullah Akhundzada. Osama bin Laden's successor Ayman al-
        Zawahiri publicly declared his allegiance to Akhundzada in 
        2016.
            (14) The Haqqani Network is subsumed under the larger 
        Taliban umbrella network, but maintains distinct command, 
        control, and lines of operations. The Haqqani Network leader is 
        Sirajuddin Haqqani, who is also the deputy leader of the 
        Taliban and oversees armed combat against United States and 
        coalition forces.
            (15) ISIS-K has claimed presence in Afghanistan since 2015, 
        and suffered from territorial losses in 2018 due to immense 
        pressure from sustained operations by United States and Afghan 
        forces. The Department of Defense's June 2019 report, 
        ``Enhancing Security and Stability in Afghanistan'', submitted 
        to Congress in accordance with section 1225 of the Carl Levin 
        and Howard P. ``Buck'' McKeon National Defense Authorization 
        Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3550), 
        noted that the ISIS-K had made territorial gain during the 
        reporting period. The report stated, ``ISIS-K poses a threat 
        not only to Afghanistan, but also to the West, which it 
        continuously seeks to target for terrorist activity.''
            (16) On June 25, 2019, Secretary Mike Pompeo announced 
        during a visit to Kabul that--
                    (A) the United States Government and Taliban 
                officials were nearly ready to conclude a draft text 
                outlining the Taliban's counterterrorism assurances;
                    (B) discussions had begun with the Taliban 
                regarding foreign military presence, which remains 
                conditions-based, and that there is no agreed timeline 
                for withdrawal;
                    (C) the United States Government was laying the 
                groundwork for inter-Afghan negotiations on a timeline 
                and political roadmap for reaching a comprehensive 
                peace agreement; and
                    (D) the success or failure of Afghanistan's 
                relationship with the United States and donor community 
                will rest in part on ``maintain[ing] the civil rights 
                of women and minorities and preserv[ing] the gains of 
                the last 18 years''.
            (17) The Government of Afghanistan has not been included in 
        the direct negotiations between SRAR and Taliban officials. 
        Taliban officials continue to refuse to recognize the 
        legitimacy of the Government of Afghanistan.
            (18) Afghan women and minorities were included in the July 
        7-8, 2019, intra-Afghan dialogue with Taliban officials in 
        Doha, but they have not been included in the direct 
        negotiations between SRAR and Taliban officials.
            (19) Examples of gains in democratic development and human 
        rights in Afghanistan include the following:
                    (A) A vibrant civil society, including independent 
                media.
                    (B) The right of women and ethnic minorities to 
                vote in local and national elections.
                    (C) The Afghan Constitution gives full recognition 
                to various minority groups in Afghanistan, including 
                ethnic Hazaras. One parliamentary seat is reserved for 
                the Sikh and Hindu communities and 10 seats are 
                reserved for representatives of the nomadic Kuchi 
                peoples.
                    (D) Afghanistan's Lower House of Parliament (Wolesi 
                Jirga) reserves 68 seats out of 250 for women.
                    (E) There are four female ambassadors in the 
                current Afghan government.
                    (F) There are approximately 6,395 women in the 
                Afghan National Defense Security Forces (ANDSF).
                    (G) The 2009 passage of the Elimination of Violence 
                Against Women law and the 2018 passage of the revised 
                Penal Code in Afghanistan reinforce protections for 
                women.
                    (H) More than 60 percent of the population in 
                Afghanistan is under the age of 25, half of whom are 
                under the age of 15 and have only lived in a post-2001 
                Afghanistan that has enjoyed freedoms such as music and 
                sports, which were banned under the Taliban rule.
            (20) On September 7, 2019, President Donald J. Trump 
        revealed in a series of tweets that he had invited ``major 
        Taliban leaders'' and Afghan President Ashraf Ghani to meet 
        with him separately at Camp David on the following day. He 
        wrote that, because a Taliban attack killed several people, 
        including a United States soldier, in Kabul on September 5, 
        2019, he had immediately cancelled the meeting and called off 
        peace negotiations.
            (21) The Afghan constitution provides the people of 
        Afghanistan the ability to directly elect their President and 
        Members of Parliament. The constitution protects human rights 
        and has resulted in gains for women, minorities, independent 
        press and media, and democratic governance since the Taliban 
        were removed from power in 2001.

SEC. 4. SENSE OF CONGRESS ON UNITED STATES POLICY.

    It is the sense of Congress that--
            (1) it is in the vital national security interests of the 
        United States that Afghanistan never again serves as a platform 
        or sanctuary for terrorist attacks against the United States, 
        our allies, or partners;
            (2) the Government of Afghanistan remains an important 
        partner of the United States in the fight against terrorism, 
        working with the United States Government to eliminate al-
        Qaeda, ISIS-K, and their affiliates in Afghanistan;
            (3) Afghanistan's neighbors play a pivotal role in securing 
        a durable peace in Afghanistan to include facilitating peace 
        discussions, eliminating Taliban and Haqqani Network 
        sanctuaries, and eliminating support for proxies that threaten 
        United States objectives in the region;
            (4) a secure and stable Afghanistan is in United States 
        national security interests and contributes to regional 
        stability in South Asia;
            (5) the United States Government pursues negotiations with 
        Taliban officials for the purposes of achieving--
                    (A) verifiable and sustainable counterterrorism 
                assurances that ensure that the Taliban privately and 
                publicly break ties with al-Qaeda and its affiliates, 
                and it never again provides safe haven to al-Qaeda and 
                its affiliates in Afghanistan;
                    (B) a conditions-based United States troop drawdown 
                based on verifiable and sustainable counterterrorism 
                assurances;
                    (C) an intra-Afghan peace settlement ratified 
                through an inclusive and transparent process that 
                includes the participation of Afghan women and 
                minorities; and
                    (D) a comprehensive ceasefire;
            (6) any action to curtail or remove United States military 
        forces from Afghanistan must include regular consultation with 
        Congress;
            (7) the United States Government should consult, and if 
        appropriate, include relevant international actors, including 
        Afghanistan's neighbors, and NATO allies in the Afghanistan 
        peace process;
            (8) the United States Government should ensure that the 
        Afghan Taliban are not able to secure safe haven in countries 
        neighboring Afghanistan;
            (9) the United States Government should safeguard the 
        social, economic, and political progress the Government and 
        people of Afghanistan have achieved since 2001, including 
        progress on access to universally recognized human rights, 
        education, justice, and jobs, including in government 
        institutions for all Afghans, including women and girls and 
        minorities, democratic governance and rule of law, and freedoms 
        of press and media; and
            (10) the United States Government should ensure members of 
        the international community will have unfettered access to 
        Afghanistan and its institutions to monitor the status of human 
        rights, including women's rights, in Afghanistan.

SEC. 5. SENSE OF CONGRESS ON CONGRESSIONAL HEARINGS AND BRIEFINGS.

    It is the sense of Congress that--
            (1) regular congressional oversight through briefings by 
        the Department of State for members and staff of the United 
        States Congress is important while peace talks between the 
        United States and Taliban officials continue; and
            (2) the Committee on Foreign Relations of the Senate and 
        the Committee on Foreign Affairs of the House of 
        Representatives should, as appropriate, hold hearings on United 
        States policy in Afghanistan, including with the participation 
        of official witnesses, and otherwise obtain information in 
        order to fully review the negotiations.

SEC. 6. OVERSIGHT OF PEACE PROCESS AND RELEVANT AGREEMENTS.

    (a) Transmission to Congress of Agreements.--
            (1) Transmission of agreements.--Not later than 30 days 
        after finalizing an agreement with Taliban officials, the 
        Secretary of State, in coordination with the Secretary of 
        Defense, shall transmit to the chairmen and ranking members of 
        the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives, 
        the majority and minority leader of the Senate, and the 
        Speaker, majority leader, and minority leader of the House of 
        Representatives the agreement, including all related materials 
        and annexes, to include details related to counterterrorism 
        assurances by the Taliban, United States troop withdrawals from 
        Afghanistan, and the status of intra-Afghan negotiations and a 
        comprehensive ceasefire.
            (2) Initial verification assessment report.--
                    (A) In general.--Not later than 60 days after 
                finalizing an agreement with Taliban officials, the 
                Secretary of State, in coordination with the Secretary 
                of Defense, shall prepare, with respect to such 
                agreement, a report assessing--
                            (i) the extent to which the Secretary will 
                        be able to verify that Taliban officials are 
                        complying with obligations and commitments 
                        under the peace agreement, including how 
                        Taliban officials will ensure counterterrorism 
                        assurances and guarantee Afghanistan will not 
                        be a safe haven for terrorist organizations, 
                        such as al-Qaeda;
                            (ii) whether Taliban officials have made a 
                        complete, transparent, public, and verifiable 
                        declaration of the Taliban breaking all ties 
                        with al-Qaeda, including a rejection of al-
                        Qaeda leader Ayman al Zawahiri's loyalty pledge 
                        to Taliban leader Mawlawi Haibatullah 
                        Akhunzada;
                            (iii) whether the Haqqani Network has 
                        broken ties with al-Qaeda, and the Haqqani 
                        Network's leader Sirajuddin Haqqani remains 
                        part of the leadership structure of the 
                        Taliban;
                            (iv) the viability of the intra-Afghan 
                        governing agreement; and
                            (v) whether the terms of ceasefire are 
                        being met by all sides in the conflict.
                    (B) Classified annex.--The report required under 
                subparagraph (A) shall be transmitted in unclassified 
                form, but shall include a classified annex, prepared in 
                consultation with the Department of Defense, that 
                provides relevant classified information, including 
                information on any other matter that the Secretary 
                deems relevant.
    (b) Sense of Congress on Afghanistan Peace Final Agreement.--It is 
the sense of Congress that any binding agreement between the United 
States and Taliban officials should be submitted to Congress.
    (c) Rule of Construction.--Nothing in this Act shall prejudice 
whether an agreement concluded with the Taliban constitutes a treaty 
for purposes of Article II of the Constitution of the United States.

SEC. 7. ENSURING A DURABLE PEACE IN AFGHANISTAN; SEMIANNUAL REPORT ON 
              VERIFICATION AND COMPLIANCE.

    (a) In General.--Not later than 180 days after entering into an 
agreement with Taliban officials, and not less frequently than once 
every 180 days thereafter, the President shall submit to the 
appropriate congressional committees a report assessing whether key 
tenets of the peace deal with Taliban officials are preserved and 
honored.
    (b) Elements.--The report required under subsection (a) shall 
include--
            (1) an assessment of whether Taliban officials are 
        complying with obligations and commitments under the peace 
        agreement, including whether Taliban officials are ensuring 
        counterterrorism assurances and guaranteeing Afghanistan is not 
        a safe haven for terrorist organizations, such as al Qaeda;
            (2) an assessment of terrorist activity in Afghanistan and 
        Taliban actions with respect to counterterrorism guarantees, 
        and an assessment of threats against the United States 
        homeland;
            (3) an updated assessment of the viability of the intra-
        Afghan governing agreement;
            (4) an assessment as to whether the terms of ceasefire are 
        being met by all sides in the conflict;
            (5) an overview and assessment of any action that breaches 
        the agreement or puts Taliban officials in noncompliance with 
        the terms of the agreement;
            (6) a description of the status of human rights, including 
        the rights of women and minorities, as well as their access to 
        education, justice, and economic opportunities, in Afghanistan 
        following a peace deal with Taliban officials;
            (7) a description of the constitution of Afghanistan's 
        guaranteed rights and protections; and
            (8) a description of the status of the rule of law, and 
        governance structures at the central, provincial, and district 
        levels of government, freedoms of media and press, and civil 
        society's operating space.
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