Afghanistan Partnership and Transparency Act

I 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 Cali- fornia) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Afghanistan Partner- 4 ship and Transparency Act’’. 5 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7343 IH SEC. 2. LIMITATION ON USE OF FUNDS TO REDUCE DE- 1 PLOYMENT TO AFGHANISTAN. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) it is in the national security interests of the 5 United States to deny terrorists safe haven in Af- 6 ghanistan, protect the United States homeland, up- 7 hold the United States partnership with the Govern- 8 ment of Afghanistan and cooperation with the Af- 9 ghan National Defense and Security Forces, and 10 protect the hard-fought rights of women, girls, and 11 other vulnerable populations in Afghanistan; 12 (2) a rapid military drawdown and a lack of 13 United States commitment to the security and sta- 14 bility of Afghanistan would undermine diplomatic ef- 15 forts for peace; 16 (3) the current agreement between the United 17 States and the Taliban does not provide for the ap- 18 propriate protections for vulnerable populations, 19 does not create conditions for the rejection of vio- 20 lence and prevention of terrorist safe havens, and 21 does not represent a realistic diplomatic solution, 22 based on verifiable facts and conditions on the 23 ground, that provides for long-term stability; and 24 (4) the Administration has a constitutional obli- 25 gation to provide Congress with timely and com- 26 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7343 IH prehensive information on the status of security op- 1 erations and diplomatic efforts in a form that can be 2 transparently communicated to the American people. 3 (b) LIMITATION.—Until the date on which the Sec- 4 retary of Defense, in concurrence with each covered offi- 5 cial, submits the report described in subsection (c) to the 6 appropriate congressional committees, none of the 7 amounts authorized to be appropriated for fiscal year 8 2020 or 2021 for the Department of Defense may be obli- 9 gated or expended for any activity having either of the 10 following effects: 11 (1) Reducing the total number of Armed Forces 12 deployed to Afghanistan below the lesser of— 13 (A) 8,000, or 14 (B) the total number of the Armed Forces 15 deployed as of the date of the enactment of this 16 Act. 17 (2) Reducing the total number of Armed Forces 18 deployed to Afghanistan below 5,000. 19 (c) REPORT.—The report described in this subsection 20 shall include each of the following: 21 (1) A certification that the intended withdrawal 22 of the United States Armed Forces in Afghani- 23 stan— 24 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7343 IH (A) will not compromise or otherwise nega- 1 tively affect the ongoing United States counter- 2 terrorism mission against the Islamic State, al- 3 Qaeda, and associated forces; 4 (B) will not unduly increase the risk to 5 United States personnel in Afghanistan; 6 (C) will not increase the risk for the ex- 7 pansion of existing or formation of new ter- 8 rorist safe havens inside Afghanistan; 9 (D) will be undertaken with the consulta- 10 tion and coordination of allies supporting the 11 United States- and North Atlantic Treaty Or- 12 ganization-led missions; and 13 (E) is in the best interest of United States 14 national security and in furtherance of United 15 States policy toward Afghanistan for achieving 16 an enduring diplomatic solution. 17 (2) An analysis of the impact that the intended 18 withdrawal of United States Armed Forces from Af- 19 ghanistan would have on each of the following: 20 (A) The threat posed by the Taliban and 21 terrorist organizations, including by each cov- 22 ered terrorist organization, to— 23 (i) the United States homeland; 24 (ii) United States interests abroad; 25 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7343 IH (iii) allied countries of the North At- 1 lantic Treaty Organization; 2 (iv) the Government of Afghanistan; 3 and 4 (v) regional peace and security. 5 (B) The status of the human and civil 6 rights (including access to voting, education, 7 justice, and economic opportunities) of women, 8 girls, people with disabilities, religious and eth- 9 nic minorities, and other vulnerable populations 10 in Afghanistan. 11 (C) Transparent, credible, and inclusive 12 political processes in Afghanistan. 13 (D) The capacity of the Afghan National 14 Defense and Security Forces to effectively— 15 (i) prevent or defend against attacks 16 by the Taliban or by terrorist organiza- 17 tions (including by each covered terrorist 18 organization) on civilian populations; 19 (ii) prevent the takeover of one or 20 more provincial capitals by the Taliban or 21 by associated organizations; 22 (iii) conduct counterterrorism oper- 23 ations necessary to deny safe harbor to ter- 24 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7343 IH rorist organizations, including each covered 1 terrorist organization; and 2 (iv) maintain institutional order and 3 discipline. 4 (E) The influence of malign state actors on 5 the sovereignty of Afghanistan and the strategic 6 national security interests of the United States 7 in the region. 8 (F) Any other matter the Secretary of De- 9 fense, in concurrence with each covered official, 10 determines appropriate. 11 (3) An assessment of the manner and extent to 12 which— 13 (A) the Taliban has publicly renounced al- 14 Qaeda; 15 (B) the Taliban has made any efforts to 16 break with al-Qaeda since February 29, 2020, 17 and a description of these efforts; 18 (C) any senior al-Qaeda leaders, including 19 Ayman al-Zawahiri, or any leaders of al-Qaeda 20 in the Indian Subcontinent, have been present 21 in Afghanistan since February 29, 2020, and if 22 so, the names of the leaders, the dates they 23 were present in Afghanistan, and their other lo- 24 cations since February 29, 2020; 25 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7343 IH (D) any members of al-Qaeda, al-Qaeda in 1 the Indian Subcontinent, al-Qaeda-affiliated 2 groups, or any covered terrorist organization 3 have, since February 29, 2020— 4 (i) fought alongside, trained alongside, 5 otherwise operated alongside, or sheltered 6 with the Taliban in Afghanistan; 7 (ii) conducted attacks inside Afghani- 8 stan, and, if so, the dates and locations of 9 such attacks; 10 (iii) operated training camps or re- 11 lated facilities inside Afghanistan, and, if 12 so, the locations of those camps or facili- 13 ties; 14 (iv) traveled from Afghanistan to 15 Pakistan or Iran, or from Pakistan or Iran 16 to Afghanistan; 17 (v) continued to have ties to any 18 Taliban leaders or members located in 19 Pakistan; or 20 (vi) continued to work with the 21 Haqqani Network; 22 (E) any of the prisoners released by the 23 Government of Afghanistan as a result of the 24 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7343 IH February 29, 2020, agreement between the 1 United States and Taliban— 2 (i) are members of, or have ties to, 3 any covered terrorist organizations or any 4 other organization designated by the 5 United States as a foreign terrorist organi- 6 zation pursuant to section 219 of the Im- 7 migration and Nationality Act (8 U.S.C. 8 1189) and, if so, the names of such former 9 prisoners and the reasons for their deten- 10 tion inside Afghanistan; or 11 (ii) are suspected of taking part in at- 12 tacks against American service members or 13 civilians or attacks that caused American 14 casualties and, if so, the names of the pris- 15 oners, the date and location of such at- 16 tacks, and the number of American casual- 17 ties attributed to such attacks; 18 (F) any of the prisoners the Taliban has 19 requested for release, but who have not yet been 20 released as of the date of the enactment of this 21 Act, are members of, or have ties to, any cov- 22 ered terrorist organizations or any other organi- 23 zation designated by the United States as a for- 24 eign terrorist organization pursuant to section 25 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7343 IH 219 of the Immigration and Nationality Act (8 1 U.S.C. 1189) and, if so, the names of the pris- 2 oners and the organizations to which they are 3 affiliated; and 4 (G) senior Taliban leaders, including mem- 5 bers of the Haqqani Network, who are located 6 in Pakistan continue to exercise control over the 7 insurgency in Afghanistan. 8 (4) The number of attacks that the Taliban has 9 carried out in Afghanistan since February 29, 2020, 10 including the location and date of each attack as 11 well as casualties related to each attack. 12 (d) FORM.—The report described in subsection (c) 13 shall be submitted in unclassified form without any des- 14 ignation relating to dissemination control, but may contain 15 a classified annex that is accompanied by an unclassified 16 summary of the annex. 17 (e) WAIVER.—The Secretary of Defense may waive 18 the limitation under subsection (b) if, in consultation with 19 the Chairman of the Joint Chiefs of Staff and the Com- 20 mander of United States Forces, Afghanistan, the Sec- 21 retary— 22 (1) determines that the waiver is— 23 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7343 IH (A) necessary due to an imminent and ex- 1 traordinary threat to members of the United 2 States Armed Forces in the Afghanistan; or 3 (B) vital to the national security interests 4 of the United States; and 5 (2) submits to the appropriate congressional 6 committees a detailed, written justification for such 7 waiver, not later than 10 days after the effective 8 date of the waiver; and 9 (3) in the case of a determination described in 10 paragraph (1)(A), includes in such justification each 11 of the following: 12 (A) A detailed description of the change in 13 threat assessment leading to the determination. 14 (B) An explanation for the reasons for 15 which existing force protection mechanisms 16 were not sufficient to reasonably ensure the 17 safety of members of the Armed Forces. 18 (C) The steps that have been taken to en- 19 sure that United States equipment does not fall 20 into enemy hands. 21 (D) A description of the coordination with 22 allied countries of the North Atlantic Treaty 23 Organization and with other allies and partners 24 with respect to the withdrawal. 25 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7343 IH (E) A description of the coordination with 1 the Department of State to ensure the safety of 2 American citizens in Afghanistan in light of and 3 subsequent to the withdrawal. 4 (f) DEFINITIONS.—In this section: 5 (1) APPROPRIATE CONGRESSIONAL COMMIT- 6 TEES.—The term ‘‘appropriate congressional com- 7 mittees’’ means— 8 (A) the Committee on Armed Services of 9 the House of Representatives and the Com- 10 mittee on Armed Services of the Senate; 11 (B) the Committee on Foreign Affairs of 12 the House of Representatives and the Com- 13 mittee on Foreign Relations of the Senate; and 14 (C) the Permanent Select Committee on 15 Intelligence of the House of Representatives 16 and the Select Committee on Intelligence of the 17 Senate. 18 (2) COVERED OFFICIAL.—The term ‘‘covered 19 official’’ means— 20 (A) the Secretary of State; 21 (B) the Director of National Intelligence; 22 (C) the Chairman of the Joint Chiefs of 23 Staff; 24 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7343 IH (D) the Commander of United States Cen- 1 tral Command; 2 (E) the Commander of United States 3 Forces, Afghanistan; and 4 (F) the United States Permanent Rep- 5 resentative to the North Atlantic Treaty Orga- 6 nization. 7 (3) COVERED TERRORIST ORGANIZATION.—The 8 term ‘‘covered terrorist organization’’ means any of 9 the following: 10 (A) al-Qaeda and affiliates, including al- 11 Qaeda in the Indian Subcontinent. 12 (B) The Islamic State and affiliates. 13 (C) Tehrik-e Taliban Pakistan. 14 (D) The Haqqani Network. 15 (E) Islamic Movement of Uzbekistan. 16 (F) Eastern Turkistan Islamic Movement. 17 (G) Ansralluh. 18 (H) Lashkar-e-Tayyiba (including under 19 the alias Jamaat-ud-Dawa). 20 (I) Jaish-e-Mohammed. 21 (J) Harakat ul-Jihad-Islami. 22 (K) Harakat ul-Mujahidin. 23 (L) Jaysh al-Adl. 24 (M) Lashkar-i-Jhangvi. 25 VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 7343 IH (N) Mullah Nasir Group. 1 (O) Hafiz Gul Bahadar Group. 2 (P) Lashkar-i-Islam. 3 (Q) Islamic Jihad Union Group. 4 (R) Jamaat-ud-Dawa al Quran. 5 (S) Ansarul Islam. 6 Æ VerDate Sep 11 2014 19:14 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H7343.IH H7343 pamtmann on DSKBC07HB2PROD with BILLS