[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3453-S3454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1961. Mr. MENENDEZ (for himself and Mr. Young) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1216. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS
WITH TALIBAN OFFICIALS AND AFGHANISTAN'S
COMPREHENSIVE PEACE PROCESS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional 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.
(2) Government of afghanistan.--The term ``Government of
Afghanistan'' means the Government of the Islamic Republic of
Afghanistan and its agencies, instrumentalities, and
controlled entities.
(3) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to itself as the
``Islamic Emirate of Afghanistan'', that was founded by
Mohammed Omar, and that is currently led by Mawlawi
Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the Haqqani
Network, and any successor organization.
(4) February 29 agreement.--The term ``February 29
Agreement'' refers to the political arrangement between the
United States and the Taliban titled ``Agreement for Bringing
Peace to Afghanistan Between the Islamic Emirate of
Afghanistan which is not recognized by the United States as a
state and is known as the Taliban and the United States of
America'' signed at Doha, Qatar February 29, 2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant to the
february 29 agreement.--The Secretary of State, in
consultation with the Secretary of Defense, shall continue to
submit to the appropriate congressional committees materials
relevant to the February 29 Agreement.
(2) Submission to congress of any future deals involving
the taliban.--The Secretary of State shall submit to the
appropriate congressional committees, within 5 days of
conclusion and on an ongoing basis thereafter, any future
agreement or arrangement involving the Taliban in any manner,
as well as materials relevant to any future agreement or
arrangement involving the Taliban in any manner.
(3) Definitions.--In this subsection, the terms ``materials
relevant to the February 29 Agreement'' and ``materials
relevant to any future agreement or arrangement'' include all
annexes, appendices, and instruments for implementation of
the February 29 Agreement or a future agreement or
arrangement, as well as any understandings or expectations
related to the Agreement or a future agreement or
arrangement.
(c) Report and Briefing on Verification and Compliance.--
(1) In general.--
(A) Report.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once
every 120 days thereafter, the President shall submit to the
appropriate congressional committees a report verifying
whether the key tenets of the February 29 Agreement, or
future agreements, and accompanying implementing frameworks
are being preserved and honored.
(B) Briefing.--At the time of each report submitted under
subparagraph (A), the Secretary of State shall direct a
Senate-confirmed Department of State official and other
appropriate officials to brief the appropriate congressional
committees on the contents of the report. The Director of
National Intelligence shall also direct an appropriate
official to participate in the briefing.
(2) Elements.--The report and briefing required under
paragraph (1) shall include--
(A) an assessment--
(i) of the Taliban's compliance with counterterrorism
guarantees, including guarantees to deny safe haven and
freedom of movement to al-Qaeda and other terrorist threats
from operating on territory under its influence; and
(ii) whether the United States intelligence community has
collected any intelligence indicating the Taliban does not
intend to uphold its commitments;
(B) an assessment of Taliban actions against terrorist
threats to United States national security interests;
(C) an assessment of whether Taliban officials have made a
complete, transparent, public, and verifiable breaking of all
ties with al-Qaeda;
(D) an assessment of the current relationship between the
Taliban and al-Qaeda, including any interactions between
members of the two groups in Afghanistan, Pakistan, or other
countries, and any change in Taliban conduct towards al-Qaeda
since February 29, 2020;
(E) an assessment of the relationship between the Taliban
and any other terrorist group that is assessed to threaten
the security of the United States or its allies, including
any change in conduct since February 29, 2020;
(F) an assessment of whether the Haqqani Network has broken
ties with al-Qaeda, and whether the Haqqani Network's leader
Sirajuddin Haqqani remains part of the leadership structure
of the Taliban;
(G) an assessment of threats emanating from Afghanistan
against the United States homeland and United States
partners, and a description of how the United States
Government is responding to those threats;
(H) an assessment of intra-Afghan discussions, political
reconciliation, and progress towards a political roadmap that
seeks to serve all Afghans;
(I) an assessment of the viability of any intra-Afghan
governing agreement;
(J) an assessment as to whether the terms of any reduction
in violence or ceasefire are being met by all sides in the
conflict;
(K) a detailed overview of any United States and NATO
presence remaining in Afghanistan and any planned changes to
such force posture;
(L) an assessment of the status of human rights, including
the rights of women, minorities, and youth;
(M) an assessment of the access of women, minorities, and
youth to education, justice, and economic opportunities in
Afghanistan;
(N) an assessment of the status of the rule of law and
governance structures at the central, provincial, and
district levels of government;
(O) an assessment of the media and of the press and civil
society's operating space in Afghanistan;
(P) an assessment of illicit narcotics production in
Afghanistan, its linkages to terrorism, corruption, and
instability, and policies to counter illicit narcotics flows;
[[Page S3454]]
(Q) an assessment of corruption in Government of
Afghanistan institutions at the district, provincial, and
central levels of government;
(R) an assessment of the number of Taliban and Afghan
prisoners and any plans for the release of such prisoners
from either side;
(S) an assessment of any malign Iranian, Chinese, and
Russian influence in Afghanistan;
(T) an assessment of how other regional actors, such as
Pakistan, are engaging with Afghanistan;
(U) a detailed overview of national-level efforts to
promote transitional justice, including forensic efforts and
documentation of war crimes, mass killings, or crimes against
humanity, redress to victims, and reconciliation activities;
(V) A detailed overview of United States support for
Government of Afghanistan and civil society efforts to
promote peace and justice at the local level and how these
efforts are informing government-level policies and
negotiations;
(W) an assessment of the progress made by the Afghanistan
Ministry of Interior and the Office of the Attorney General
to address gross violations of human rights (GVHRs) by
civilian security forces, Taliban, and non-government armed
groups, including--
(i) a breakdown of resources provided by the Government of
Afghanistan towards these efforts; and
(ii) a summary of assistance provided by the United States
Government to support these efforts; and
(X) an overview of civilian casualties caused by the
Taliban, non-government armed groups, and Afghan National
Defense and Security Forces, including--
(i) an estimate of the number of destroyed or severely
damaged civilian structures;
(ii) a description of steps taken by the Government of
Afghanistan to minimize civilian casualties and other harm to
civilians and civilian infrastructure;
(iii) an assessment of the Government of Afghanistan's
capacity and mechanisms for investigating reports of civilian
casualties; and
(iv) an assessment of the Government of Afghanistan's
efforts to hold local militias accountable for civilian
casualties.
(3) Counterterrorism strategy.--In the event that the
Taliban does not meet its counterterrorism obligations under
the February 29 Agreement, the report and briefing required
under this subsection shall include information detailing the
United States' counterterrorism strategy in Afghanistan and
Pakistan.
(4) Form.--The report required under subparagraph (A) of
paragraph (1) shall be submitted in unclassified form, but
may include a classified annex, and the briefing required
under subparagraph (B) of such paragraph shall be conducted
at the appropriate classification level.
(d) Rule of Construction.--Nothing in this section shall
prejudice whether a future deal involving the Taliban in any
manner constitutes a treaty for purposes of Article II of the
Constitution of the United States.
(e) Sunset.--Except for subsections (b) and (d), the
provisions of this section shall cease to be effective on the
date that is 5 years after the date of the enactment of this
Act.
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