,,ii #aaeth ,,congress #ast ,session ,s4 #ahia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjag ,mr4 ,cardin introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote peace and justice in ,afghanistan1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,promoting ,peace and ,justice for the ,people of ,afghanistan ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,sense of ,congress4 ,,title ,i--,strategy ,sec4 #aja4 ,strategy requirement4 ,,title ,,ii--,supporting peace and justice ,sec4 #bja4 ,authorization of ,afghanistan ,peace and ,justice ,initiative4 ,sec4 #bjb4 ,report on transitioning to peace and justice in ,afghanistan4 ,,title ,,iii--,supporting civilian security ,sec4 #cja4 ,civilian security activities4 ,sec4 #cjb4 ,report on corruption and abuses by civilian security forces4 #b4 ,findings ,congress makes the following findings3 7#a7 ,as stated by ,president ,donald ,j4 ,trump on ,august #ba1 #bjag1 ,military power alone will not bring peace to ,afghanistan or stop the terrorist threat arising in that country44 7#b7 ,secretary of ,state ,rex ,w4 ,tillerson noted1 on ,august #bb1 #bjag1 that the current fighting in ,afghanistan will take everyone nowhere1 and it is time to begin a process--it may very well be a lengthy process--of reconciliation and a peace accord44 ,he further noted that the ,united ,states seeks to facilitate a reconciliation peace process1 working with other countries in the region4 7#c7 ,the ,june #bjag report by the ,department of ,defense1 titled ,enhancing ,security and ,stability in ,afghanistan1 states ,the ,u4,s4 and ,afghan ,governments agree that the best way to ensure lasting peace and security in ,afghanistan is through reconciliation and a political settlement with the ,taliban44 7#d7 ,on ,june #f1 #bjag1 the ,government of the ,islamic ,republic of ,afghanistan1 with the participation of regional and international partners1 launched the ,kabul ,process for ,peace and ,security ,cooperation1 which is based on the premise that a stable ,afghanistan is necessary for a stable region4 7#e7 ,the ,afghanistan ,high ,peace ,council was established by the ,president of the ,islamic ,republic of ,afghanistan on ,september #e1 #bjaj1 within the context of the ,afghanistan ,peace and ,reintegration ,program and was tasked with negotiating an end to the ,government of the ,islamic ,republic of ,afghanistan's conflict with the ,taliban in ,afghanistan1 with input from women and civil society representatives in the country4 7#f7 ,as noted by the ,commander of the ,united ,states ,central ,command1 ,general ,joseph ,votel1 in testimony to the ,committee on ,armed ,services of the ,senate on ,march #i1 #bjag1 corruption remains a significant challenge to the capability of the ,afghan ,national ,security ,forces4 7#g7 ,as stated in the report referred to in paragraph 7#c71 the ,afghan ,ministry of ,interior possesses the basic systems and organizations to investigate and adjudicate alleged corruption and human rights violations1 but the political will to hold violators1 especially senior officers1 accountable remains fragile44 ,the report further notes that the ,afghan ,ministry of ,interior lags behind the ,afghan ,ministry of ,defense in its capacity to train personnel and units on rule of law and corruption issues44 7#h7 ,on ,june #cj1 #bjaf1 the ,president of the ,islamic ,republic of ,afghanistan established the ,anti-,corruption ,justice ,center 7,,acjc7 under the ,attorney ,general's ,office to combat high-level corruption within the ,government of ,afghanistan4 ,the ,,acjc has since prosecuted several major corruption cases4 ,the ,independent ,joint ,anti-,corruption ,monitoring and ,evaluation ,committee in ,afghanistan noted1 in its ,august #bjag quarterly report1 that the ,,acjc has continued functioning as an effective judicial device to combat corruption in various government organizations44 7#i7 ,the ,afghan ,independent ,human ,rights ,commission was established on ,june #f1 #bjjb1 pursuant to the ,agreement on ,provisional ,arrangements in ,afghanistan ,pending the ,re-,establishment of ,permanent ,government ,institutions1 done in ,bonn1 ,germany1 ,december #e1 #bjja 7commonly known as the ,bonn ,agreement71 and functions as a national human rights institution working on the protection and promotion of human rights in ,afghanistan4 7#aj7 ,as stated in the ,united ,nations ,assistance ,mission to ,afghanistan's 7,,unama7 #bjaf ,annual ,report on the ,protection of ,civilians in ,armed ,conflict in ,afghanistan1 the number of civilian casualties in ,afghanistan in #bjaf was the highest since ,,unama began counting such casualties in #bjji and women and children continue to be disproportionately affected by the conflict44 ,,unama also noted1 in the #bjag ,midyear ,report on the ,protection of ,civilians in ,armed ,conflict in ,afghanistan1 that both child and women casualties rose during the first half of #bjag44 7#aa7 ,the report referred to in paragraph 7#c7 notes that-- 7,a7 structural barriers1 traditional cultural norms1 and insecurity contributed to the precarious situation of women in ,afghanistan and in the ,afghanistan ,national ,defense and ,security ,forces2 and 7,b7 little progress has been made toward implementation of the ,government of ,afghanistan's ,national ,action ,plan on ,united ,nations ,security ,council ,resolution #acbe on ,women1 ,peace1 and ,security4 7#ab7 ,the ,new ,development ,partnership ,with ,afghanistan was launched by the ,united ,states ,agency for ,international ,development in ,march #bjae to reinforce the ,united ,states commitment to results and accountability by linking funds to specific reforms in combating corruption1 promoting rule of law1 strengthening women's rights1 and enhancing private sector growth44 7#ac7 ,the ,afghan ,compact1 which was launched by the ,president of the ,islamic ,republic of ,afghanistan in ,kabul on ,august #bd1 #bjag-- 7,a7 commits the ,government of ,afghanistan to key reforms aimed at improving security and creating a more peaceful1 stable1 and prosperous society2 and 7,b7 includes benchmarks in the areas of governance1 security1 peace and reconciliation1 and economy1 which reflect global standards4 7#ad7 ,the ,united ,states has been a leading donor to the ,afghanistan ,reconstruction ,trust ,fund1 which was established in #bjjb1 to provide a coordinated financing mechanism for the ,government of ,afghanistan's budget and priority national investment projects4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,atrocity crimes ,the term atrocity crimes refers to any of the following3 7,a7 ,war crimes as defined in section #bdda7;c7 of title #ah1 ,united ,states ,code4 7,b7 ,genocide as defined in section #ajia7;a7 of title #ah1 ,united ,states ,code4 7,c7 ,crimes against humanity as defined in ,article #g of the ,rome ,statute of the ,international ,criminal ,court4 7#c7 ,gross violations of internationally recognized human rights ,the term gross violations of internationally recognized human rights has the meaning given the term in section #ejb;,b7d77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;d77#a774 7#d7 ,transitional justice ,the term transitional justice means the range of judicial1 non-judicial1 formal1 informal1 retributive1 and restorative measures employed by countries transitioning out of armed conflict to redress legacies of atrocities and promote long-term1 sustainable peace4 #d4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is in the national security interests of the ,united ,states that the ,government of the ,islamic ,republic of ,afghanistan and the ,afghan ,taliban conclude1 through inclusive negotiations1 a political settlement in which the ,taliban-- 7,a7 renounces violence2 7,b7 breaks ties to international terrorism2 and 7,c7 accepts the ,afghan constitution1 including its safeguards to respect human rights1 especially of women1 girls1 and ethnic and religious minorities2 7#b7 the ,united ,states ,government should urge all regional actors to play a constructive role in supporting peace and stability in ,afghanistan and the ,south ,asia region1 including by-- 7,a7 refraining from supporting proxy forces in ,afghanistan2 and 7,b7 exercising their influence on the ,afghan ,taliban to renounce violence1 break ties with international terrorism1 and enter into talks with representatives of the ,government of ,afghanistan without preconditions2 7#c7 the ,united ,states ,government should bring all the tools at its disposal to bear in seeking a political settlement to the conflict in ,afghanistan1 including the diplomatic and development expertise at the ,department of ,state and ,united ,states ,agency for ,international ,development2 7#d7 the ,united ,states ,government should increase its bilateral and multilateral engagement by ,cabinet members and other high-level officials in support of a negotiated political settlement1 including by continuing to support engagement in the ,quadrilateral ,coordination ,group and other formats for dialogue among regional powers to promote a negotiated settlement to the conflict in ,afghanistan2 7#e7 the ,united ,states ,government should stipulate clear conditions for the withdrawal of its troops from ,afghanistan1 including guarantees that ,afghan territory will not be used to stage attacks on the ,united ,states2 7#f7 combat operations1 including offensive actions and combat-enabling support to operations such as close air support1 are inherently government functions that cannot be appropriately carried out by private contractors2 7#g7 the ,united ,states ,government-- 7,a7 should not deploy private contractors to undertake combat operations in ,afghanistan or embed with the ,afghan ,national ,defense and ,security ,forces2 and 7,b7 should respect the sovereignty of the democratically elected ,government of the ,islamic ,republic of ,afghanistan over ,afghan territory2 7#h7 the ,united ,states ,government should support democratic1 accountable1 and inclusive governance in ,afghanistan2 7#i7 the ,president should use the authority of the ,president to impose sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 on officials of the ,government of ,afghanistan and their associates responsible for gross violations of internationally recognized human rights or acts of significant corruption2 7#aj7 the ,united ,states ,government should use other existing authorities to implement visa bans and asset freezes on ,afghan individuals responsible for corruption2 7#aa7 it is in the national interests of the ,united ,states that the ,government of the ,islamic ,republic of ,afghanistan effectively upholds civilian security by enforcing the rule of law and ensuring accountability for abuses and corruption committed by state actors2 7#ab7 approaches1 such as the ,new ,development ,partnership of the ,united ,states ,agency for ,international ,development1 which link funds provided to the ,government of ,afghanistan to specific reforms-- 7,a7 are important for incentivizing progress by the ,government of ,afghanistan1 including the commitments it has made in the ,afghan ,compact1 and ensuring the effectiveness and sustainable impact of ,united ,states assistance2 and 7,b7 should be utilized more broadly by the ,department of ,state and the ,department of ,defense to link funding to specific progress on benchmarks relating to human rights1 anti-corruption1 and accountable governance1 particularly with respect to assistance to ,afghan security forces and relevant ministries2 and 7#ac7 ,the ,government of the ,islamic ,republic of ,afghanistan should-- 7,a7 implement laws and policies to govern democratically1 including through the conduct of regular1 inclusive1 credible1 and transparent elections1 and to protect the rights of individuals1 civil society1 and the media2 7,b7 take consistent steps to protect and advance the rights of women1 girls1 and ethnic and religious minorities in ,afghanistan2 7,c7 effectively implement a whole-of-government1 anti-corruption strategy that has been endorsed by the ,high ,council on ,rule of ,law and ,anti-,corruption1 as agreed to at the ,brussels ,conference on ,afghanistan in ,october #bjaf2 7,d7 prosecute individuals alleged to be involved in corrupt or illegal activities in ,afghanistan2 7,e7 take consistent steps to develop a professional1 accountable civilian police force and ensure that its use in counter-insurgency aims does not undermine law enforcement and the rule of law2 7,f7 take consistent steps1 through the civilian justice system1 to investigate and prosecute military and police personnel who are credibly alleged to have violated human rights1 and to ensure that the military and the police are cooperating in such cases2 and 7,g7 take consistent steps to promote additional transitional justice measures4 ,i ,strategy #aja4 ,strategy requirement 7a7 ,report ,not later than #fj days after the date of the enactment of this ,act1 the ,president shall submit its strategy for ,united ,states engagement in ,afghanistan to the appropriate congressional committees4 7b7 ,elements ,the strategy required under subsection 7a7 shall include detailed information on specific steps to be taken to support the following objectives3 7#a7 ,a negotiated political resolution to the conflict in ,afghanistan in which the ,taliban renounces violence1 breaks ties to international terrorism1 and accepts ,afghan constitutional provisions1 including those which safeguard human rights4 7#b7 ,progress toward the withdrawal of ,united ,states forces that is based on clearly stipulated conditions and an articulation of those conditions4 7#c7 ,a democratic1 accountable1 and inclusive ,government of the ,islamic ,republic of ,afghanistan chosen in regular1 inclusive1 credible1 and transparent electoral processes4 7#d7 ,effective1 accountable1 and sustainable ,afghan ,national ,security and ,defense ,forces that are able to disrupt and degrade the activities of al ,qa'ida1 ,islamic ,state1 and other terrorist groups in ,afghanistan4 7#e7 ,judicial and civilian law enforcement institutions that uphold the rule of law and ensure accountability for official acts of corruption and violations of human rights4 7#f7 ,regional diplomatic efforts to promote the long-term stabilization of ,afghanistan and end safe haven for proxy forces4 7c7 ,implementation 7#a7 ,combat operations ,in implementing the strategy required under this section1 ,federal agencies may not-- 7,a7 employ private security contractors to conduct combat operations1 including offensive actions and combat-enabling support to operations1 inside ,afghanistan2 or 7,b7 embed such contractors with ,afghan military units to engage directly in combat operations4 7#b7 ,code of conduct ,in employing private security contractors for activities other than combat operations1 ,federal agencies shall ensure that such contractors-- 7,a7 act in accordance with principles1 standards1 and codes of conduct that are based on international law2 and 7,b7 participate in oversight and accountability mechanisms to ensure that their conduct is consistent with such principles1 standards1 and codes of conduct4 ,,ii ,supporting peace and justice #bja4 ,authorization of ,afghanistan ,peace and ,justice ,initiative 7a7 ,authorization of appropriations ,there are authorized to be appropriated for the ,afghanistan ,peace and ,justice ,initiative1 for the fiscal years #bjah and #bjai1 such sums as may be necessary to support governmental and nongovernmental activities that promote peace and justice4 7b7 ,use of funds ,amounts appropriated pursuant to subsection 7a7 shall be used for the following activities3 7#a7 ,to support governmental and nongovernmental initiatives to include citizens' input into the work of the ,government of ,afghanistan's ,high ,peace ,council and formal government peace negotiations1 including activities to incorporate the input of women1 ethnic and religious minorities1 and other vulnerable groups4 7#b7 ,to support governmental and nongovernmental initiatives1 including initiatives through the ,afghan ,independent ,human ,rights ,commission1 to promote accountability for atrocity crimes1 including acts committed by governmental and nongovernmental actors4 7#c7 ,to support governmental and nongovernmental initiatives1 including initiatives through the ,afghan ,independent ,human ,rights ,commission1 to promote peace building1 transitional justice1 and reconciliation1 including cross-border and regional programming4 7c7 ,implementation ,the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall coordinate and carry out the activities described in subsection 7b74 #bjb4 ,report on transitioning to peace and justice in ,afghanistan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report describing ,united ,states diplomatic engagement and assistance1 including through the ,afghan ,peace and ,justice ,initiative1 to support progress on a negotiated peace settlement and transitional justice mechanisms to address atrocity crimes in ,afghanistan4 7b7 ,elements ,the report required under subsection 7a7 shall include the following elements3 7#a7 ,an unclassified summary1 with classified annex as necessary1 of progress toward a negotiated peace settlement and how the ,united ,states ,government is supporting such progress through its engagement with governments and other actors in the ,south ,asia and ,central ,asia regions1 including by ,cabinet members and other high-level officials4 7#b7 ,a list of officials of the ,government of ,afghanistan and nongovernmental actors credibly alleged to have committed war crimes1 genocide1 or crimes against humanity1 a description of the alleged crimes1 and a description of steps taken to hold these individuals accountable for the alleged crimes4 7#c7 ,a summary of national-level efforts to promote transitional justice1 including forensic efforts and documentation of war crimes1 genocide1 or crimes against humanity1 redress to victims1 and reconciliation activities4 7#d7 ,a summary 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 negotiations4 ,,iii ,supporting civilian security #cja4 ,civilian security activities 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,international ,narcotics ,control and ,law ,enforcement account and the ,economic ,support ,fund account1 for fiscal years #bjah and #bjai1 such sums as may be necessary to support the civilian security activities described in subsection 7b74 7b7 ,use of funds ,amounts appropriated pursuant to subsection 7a7 shall be used for the following activities3 7#a7 ,to support the strengthening of oversight mechanisms within the ,ministry of ,interior to identify and address human rights abuses and corruption committed by ,ministry of ,interior security forces1 including units involved in counter-insurgency activities at the local level and holding territory recently reclaimed from insurgents4 7#b7 ,to support the efforts of the ,office of the ,attorney ,general of ,afghanistan1 including the ,anti-,corruption ,justice ,center1 to strengthen the rule of law and bolster the effectiveness of judicial officials and civilian police forces through investigations and prosecutions of such individuals for human rights abuses or corruption1 including through support to protect judicial officials1 lawyers1 victims1 and witnesses involved in such investigations and prosecutions4 7#c7 ,to support the ,ministry of ,interior to operate shelters for women and girls who are victims of human rights abuses and domestic violence and to improve internal investigative mechanisms and gender-sensitive policing in order to enable women and girl victims to safely pursue justice for crimes committed against them4 7#d7 ,to support the work of the ,afghan ,independent ,human ,rights ,commission or nongovernmental organizations to support accountability for human rights abuses and corruption through work with relevant agencies within the ,government of ,afghanistan4 #cjb4 ,report on corruption and abuses by civilian security forces 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state and the ,secretary of ,defense shall submit a report to ,congress that contains-- 7#a7 a description of progress made by the ,ministry of ,interior and the ,office of the ,attorney ,general of ,afghanistan to address gross violations of internationally recognized human rights committed by civilian security forces and of the budgetary resources of the ,government of ,afghanistan allotted to this effort2 7#b7 a summary of criminal prosecutions undertaken against corrupt or abusive civilian security forces during the reporting period and the disposition of such prosecutions2 7#c7 a summary of-- 7,a7 assistance provided by the ,department of ,state and the ,department of ,defense to support accountability for human rights abuses and corruption by civilian security forces2 and 7,b7 measures to mitigate civilian casualties in counterterrorism operations2 and 7#d7 a list of benchmarks that are being utilized to incentivize progress on accountability for corruption and gross violations of internationally recognized human rights and the release of funds for on-budget support1 including through the ,afghanistan ,reconstruction ,trust ,fund1 to security and other relevant ministries of the ,government of ,afghanistan4