[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5008-S5009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2712. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 A of title XII, add the following:

     SEC. 1216. LIMITING UNITED STATES ASSISTANCE THAT DIRECTLY 
                   BENEFITS THE TALIBAN.

       (a) Short Title.--This section may be cited as the ``Stop 
     Supporting the Taliban Act''.
       (b) Findings.--Congress finds the following:
       (1) After al-Qaeda attacked the United States on September 
     11, 2001, the United States sought to eliminate al-Qaeda's 
     safe havens and training camps in Afghanistan.
       (2) The Taliban government that was in control of 
     Afghanistan, under the leadership of Mullah Omar, had granted 
     al-Qaeda sanctuary in Afghanistan.
       (3) The Taliban government fell in 2001 following the 
     United States-led Operation Enduring Freedom, but returned to 
     power during the United States' withdrawal from Afghanistan 
     in August 2021.
       (4) The United States Armed Forces and international 
     partners fought with valor, honor, and effectiveness to 
     eliminate terrorist threats, including threats against the 
     United States.
       (5) More than 800,000 Americans answered our Nation's call 
     and served in Operation Enduring Freedom, which was the 
     longest military operation in United States history.
       (6) A total of 2,459 United States military personnel were 
     killed in Afghanistan during Operation Enduring Freedom and 
     more than 20,000 servicemembers were wounded during the 
     operation.
       (7) Since the American withdrawal from Afghanistan, the 
     Taliban have engaged in widespread human rights abuses to 
     Afghan women and girls and Afghanistan has again become a 
     terrorism concern.
       (8) The Taliban has erased rights for women and girls to 
     include barring access to education, reinstating guardianship 
     laws, ejecting women from the workplace, and the resumption 
     of stoning women in public.
       (9) On April 22, 2024, the annual Department of State 
     Country Report on Human Rights Practices in Afghanistan cited 
     a ``significant deterioration in women's rights'' due to 
     Taliban actions, including credible reports of killings, 
     torture, forced marriages, and extensive gender-based 
     violence.
       (10) On July 31, 2022, al-Qaeda emir Ayman al-Zawahiri, who 
     was provided sanctuary by the Taliban, was killed in a United 
     States drone strike in Afghanistan.
       (11) On January 29, 2024, the United Nations Security 
     Council published a report stating ``the relationship between 
     the Taliban and al-Qaeda remain close'', and in the most 
     recent 6-month period, al-Qaeda had established up to 8 new 
     training camps in Afghanistan.
       (12) The Taliban lack the capability and the will to 
     effectively counter the Islamic State Khorasan (commonly 
     known as ``ISIS-K'').
       (13) On March 7, 2024, the Commander of the United States 
     Central Command Commander testified that terrorist groups, 
     such as ISIS-K, ``retain a safe haven in Afghanistan''.
       (14) On March 22, 2024, ISIS-K killed 140 people in an 
     attack on a concert venue in Russia, demonstrating the 
     capability and will to conduct transnational terrorist 
     attacks.
       (15) On April 11, 2024, Federal Bureau of Investigation 
     Director Christopher Wray testified ``the potential for a 
     coordinated attack here in the homeland, akin to the ISIS-K 
     attack'' in Russia is ``increasingly concerning''.
       (16) In November 2023, the Special Inspector General for 
     Afghanistan Reconstruction (SIGAR) testified, ``The Taliban 
     is diverting or otherwise benefitting from a considerable 
     amount of U.S. assistance.''.
       (17) The May 2024 SIGAR report stated that--
       (A) implementing partners of United States assistance 
     collectively paid at least $10,900,000 to the Taliban; and
       (B) several implementing partners were pressured by the 
     Taliban to divert assistance to populations chosen by the 
     Taliban rather

[[Page S5009]]

     than to allocate assistance based on the needs of the Afghan 
     people.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) The taliban.--The term ``the Taliban''--
       (A) refers to the organization that refers to itself as the 
     ``Islamic Emirate of Afghanistan'', which was founded by 
     Mohammed Omar, and is led, as of the date of the enactment of 
     this Act, by Mawlawi Hibatullah Akhundzada; and
       (B) includes subordinate organizations, such as the Haqqani 
     Network, and any successor organization.
       (d) Limitation on United States' Contributions to the 
     Taliban That Support Terrorism or Human Rights Abuses.--
     Except as provided in subsection (e), amounts authorized to 
     be appropriated or otherwise made available for assistance 
     under chapter 4 of part II of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2346 et seq.; relating to Economic Support 
     Fund) and available for assistance for Afghanistan that 
     directly benefit the Taliban may only be made available for 
     such purpose if, not later than 30 days after the date of the 
     enactment of this Act and every 180 days thereafter, the 
     Secretary of State submits written certification to the 
     appropriate congressional committees that the Taliban and all 
     successor or affiliated organizations--
       (1) have publicly and privately broken all ties with other 
     terrorist groups, including al-Qaeda;
       (2) have taken verifiable measures to prevent the use of 
     Afghanistan as a staging area for terrorist attacks against 
     the United States or partners or allies of the United States, 
     including by denying sanctuary space, transit of Afghan 
     territory, and use of Afghanistan for terrorist training, 
     planning, or equipping;
       (3) have provided humanitarian actors with full, unimpeded 
     access to vulnerable populations throughout Afghanistan 
     without interference or diversion;
       (4) have respected freedom of movement, including by 
     facilitating the departure of foreign nationals, Afghan 
     applicants for the special immigrant visa program, and other 
     at-risk Afghan nationals by air or land routes, and the safe, 
     voluntary, and dignified return of displaced persons;
       (5) have supported the establishment of an inclusive 
     Government of Afghanistan that respects the rule of law, 
     press freedom, and internationally recognized human rights, 
     including the rights of women and girls; and
       (6) have ensured the release of all United States nationals 
     designated as unlawfully or wrongfully detained in 
     Afghanistan.
       (e) Initial Use and Disposition of Withheld Funds.--
       (1) Period of availability.--Amounts withheld pursuant to 
     subsection (d) are authorized to remain available for an 
     additional 2 years after the date on which the availability 
     of such funds would otherwise have expired.
       (2) Use of funds.--Amounts withheld pursuant to subsection 
     (d) may be made available for assistance for Afghanistan that 
     directly benefits the Taliban if the Secretary of State 
     provides written certification that the Taliban and any 
     successor or affiliated organizations have met the conditions 
     set forth in subsection (d).
       (f) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, shall submit a strategy 
     to the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     that seeks to minimize direct benefits to the Taliban through 
     United States' humanitarian and development assistance in 
     Afghanistan.
       (2) Elements.--The strategy required under paragraph (1) 
     shall--
       (A) describe in detail the mechanisms used to monitor and 
     prevent the diversion of United States' assistance to 
     terrorism and drug trafficking, including through currency 
     manipulation;
       (B) describe in detail any mechanisms for ensuring that--
       (i) the Taliban is not--

       (I) the intended primary beneficiary or end user of United 
     States' assistance; or
       (II) the direct recipient of such assistance; and

       (ii) such assistance is not used for payments to Taliban 
     creditors;
       (C) describe the extent of ownership or control exerted by 
     the Taliban over entities and individuals that are the 
     primary beneficiaries or end users of United States' 
     assistance;
       (D) indicate whether United States' assistance or direct 
     services replace assistance or services previously provided 
     by the Taliban; and
       (E) define ``direct benefit'' for purposes of governing 
     Department of State and United States Agency for 
     International Development assistance operations in 
     Afghanistan.
       (3) Form.--The strategy required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (g) Reports.--
       (1) In general.--If the Secretary of State is unable to 
     provide written certification to the appropriate 
     congressional committees that the Taliban and any successor 
     or affiliated organizations have met the conditions described 
     in subsection (d), the Secretary, not later than 15 days 
     after the date on which the Secretary is unable to make such 
     certification, shall submit to the appropriate congressional 
     committees a report that contains--
       (A) the reasons the Secretary was unable to certify in 
     writing that such organizations have met such requirements; 
     and
       (B) the total amount of funds to be withheld from 
     Afghanistan.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
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