,,ii #aafth ,,congress #ast ,session ,s4 #biec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,menendez 7for himself and ,mr4 ,young7 introduced the following bill2 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 process4 #a4 ,short title ,this ,act may be cited as the ,ensuring a ,durable ,afghanistan ,peace ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,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 ,taliban4 7#c7 ,government of ,afghanistan ,the term ,government of ,afghanistan means the ,government of ,afghanistan and its agencies1 instrumentalities1 and controlled entities4 7#d7 ,national security committees ,the term national security committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#e7 ,taliban officials ,the term ,taliban officials refers to the leader and members of the ,afghan ,taliban1 and its officials constituting the ,taliban peace delegation1 including the head of the peace delegation based in ,qatar4 7#f7 ,the ,taliban ,the term the ,taliban refers to the organization led by ,mawlawi ,hibatullah ,akhundzada4 #c4 ,findings ,congress makes the following findings3 7#a7 ,after al-,qaeda attacked the ,united ,states on ,september #aa1 #bjja1 the ,united ,states ,government sought to eliminate al-,qaeda's safe havens and training camps in ,afghanistan4 7#b7 ,while in power1 the ,taliban government1 led by ,mullah ,omar1 granted al-,qaeda sanctuary in ,afghanistan4 ,the ,taliban government fell in #bjja following the ,united ,states-led ,operation ,enduring ,freedom4 7#c7 ,the ,united ,states ,armed ,forces1 international partners1 and the ,afghan ,national ,security and ,defense ,forces have fought with valor1 honor1 and effectiveness to eliminate terrorist threats1 including threats against the ,united ,states4 ,since ,september #aa1 #bjja1 there have been no attacks on ,united ,states soil emanating from ,afghanistan4 ,the ,united ,states has made significant progress towards its original counterterrorism objectives in ,afghanistan by decimating the leadership of al-,qaeda4 7#d7 ,the ,united ,states military mission in ,afghanistan 7,operation ,enduring ,freedom and ,operation ,freedom ,sentinel7 has been the longest military operation in ,united ,states history4 ,more than #b1bjj ,united ,states service men and women have been killed in ,afghanistan1 with more than #bj1jjj service members wounded4 ,united ,states forces continue to disrupt and degrade the ,taliban's combat operations1 the ,islamic ,state of ,iraq and the ,levant-,khorasan ,province 7,,isis-,k7 and al-,qaeda activities in ,afghanistan1 through partnered operations with ,afghan forces1 as well as unilateral operations4 7#e7 ,responding to the only ,article ,v invocation in ,,nato's history1 #ag1jjj service members from #ci countries currently operate in ,afghanistan1 including approximately #ab1jjj ,united ,states forces4 7#f7 ,afghan security forces have reportedly lost more than #de1jjj soldiers in battle since #bjad4 7#g7 ,in ,september #bjah1 the ,department of ,state appointed former ,ambassador to ,afghanistan ,zalmay ,khalilzad as the ,united ,states ,special ,representative for ,afghan ,reconciliation 7,,srar74 7#h7 ,the ,,nato ,mission ,commander1 ,united ,states ,army ,general ,austin ,scott ,miller stated in ,october #bjah1 ,this war in ,afghanistan is not going to be won militarily ''' ,this is going to be a political solution4 7#i7 ,in ,october #bjah1 the ,government of ,pakistan released ,mullah ,abdul ,ghani ,baradar1 one of the co-founders of the ,taliban1 whom ,pakistani authorities had arrested in ,karachi in #bjaj4 ,in ,january #bjai1 ,mr4 ,baradar was appointed as the head of the ,taliban's political office in ,qatar to lead peace talks with the ,united ,states4 7#aj7 ,,srar ,khalilzad announced on ,twitter on ,march #ab1 #bjai1 after peace talks with ,taliban officials1 a four-pronged framework for peace in ,afghanistan3 counter-terrorism assurances1 troop withdrawal1 intra-,afghan dialogue1 and a comprehensive ceasefire4 ,he noted that in ,january #bjai1 he and the ,taliban agreed in principle on the four elements1 and that the two sides had agreed in draft on the first two elements during the ,march #bjai talks4 ,he stated1 ,when the agreement in draft about a withdrawal timeline and effective counterterrorism measures is finalized1 the ,taliban and other ,afghans1 including the government1 will begin intra-,afghan negotiations on a political settlement and comprehensive ceasefire ''' and there is no final agreement until everything is agreed4 7#aa7 ,on ,april #bf1 #bjai1 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 ,states1 ,china1 and ,russia stating1 8,they the three country representatives take note of the ,afghan ,taliban's commitment to3 fight ,,isis and cut ties with al-,qaeda1 ,,etim1 and other international terrorists groups2 ensure the areas they control will not be used to threaten any other country1 and call on them to prevent terrorist recruiting1 training1 and fundraising1 and expel any known terrorists40 7#ab7 ,in an interview with the ,new ,york ,times in ,january #bjai1 ,,srar ,khalilzad stated1 ,the ,taliban officials have committed1 to our satisfaction1 to do what is necessary that would prevent ,afghanistan from ever becoming a platform for international terrorist groups or individuals4 7#ac7 ,al ,qaeda considers ,afghanistan a continuing safe haven for its leadership1 relying on its long-standing and strong relationship with the ,taliban leadership4 ,top leaders of al ,qaeda remain loyal to the leader of the ,taliban1 ,mawlawi ,hibatullah ,akhundzada4 ,osama bin ,laden's successor ,ayman al-,zawahiri publicly declared his allegiance to ,akhundzada in #bjaf4 7#ad7 ,the ,haqqani ,network is subsumed under the larger ,taliban umbrella network1 but maintains distinct command1 control1 and lines of operations4 ,the ,haqqani ,network leader is ,sirajuddin ,haqqani1 who is also the deputy leader of the ,taliban and oversees armed combat against ,united ,states and coalition forces4 7#ae7 ,,isis-,k has claimed presence in ,afghanistan since #bjae1 and suffered from territorial losses in #bjah due to immense pressure from sustained operations by ,united ,states and ,afghan forces4 ,the ,department of ,defense's ,june #bjai report1 ,enhancing ,security and ,stability in ,afghanistan1 submitted to ,congress in accordance with section #abbe of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia2 #abh ,stat4 #ceej71 noted that the ,,isis-,k had made territorial gain during the reporting period4 ,the report stated1 ,,isis-,k poses a threat not only to ,afghanistan1 but also to the ,west1 which it continuously seeks to target for terrorist activity4 7#af7 ,on ,june #be1 #bjai1 ,secretary ,mike ,pompeo announced during a visit to ,kabul that-- 7,a7 the ,united ,states ,government and ,taliban officials were nearly ready to conclude a draft text outlining the ,taliban's counterterrorism assurances2 7,b7 discussions had begun with the ,taliban regarding foreign military presence1 which remains conditions-based1 and that there is no agreed timeline for withdrawal2 7,c7 the ,united ,states ,government was laying the groundwork for inter-,afghan negotiations on a timeline and political roadmap for reaching a comprehensive peace agreement2 and 7,d7 the success or failure of ,afghanistan's relationship with the ,united ,states and donor community will rest in part on maintaining the civil rights of women and minorities and preserving the gains of the last #ah years4 7#ag7 ,the ,government of ,afghanistan has not been included in the direct negotiations between ,,srar and ,taliban officials4 ,taliban officials continue to refuse to recognize the legitimacy of the ,government of ,afghanistan4 7#ah7 ,afghan women and minorities were included in the ,july #g-h1 #bjai1 intra-,afghan dialogue with ,taliban officials in ,doha1 but they have not been included in the direct negotiations between ,,srar and ,taliban officials4 7#ai7 ,examples of gains in democratic development and human rights in ,afghanistan include the following3 7,a7 ,a vibrant civil society1 including independent media4 7,b7 ,the right of women and ethnic minorities to vote in local and national elections4 7,c7 ,the ,afghan ,constitution gives full recognition to various minority groups in ,afghanistan1 including ethnic ,hazaras4 ,one parliamentary seat is reserved for the ,sikh and ,hindu communities and #aj seats are reserved for representatives of the nomadic ,kuchi peoples4 7,d7 ,afghanistan's ,lower ,house of ,parliament 7,wolesi ,jirga7 reserves #fh seats out of #bej for women4 7,e7 ,there are four female ambassadors in the current ,afghan government4 7,f7 ,there are approximately #f1cie women in the ,afghan ,national ,defense ,security ,forces 7,,andsf74 7,g7 ,the #bjji passage of the ,elimination of ,violence ,against ,women law and the #bjah passage of the revised ,penal ,code in ,afghanistan reinforce protections for women4 7,h7 ,more than #fj percent of the population in ,afghanistan is under the age of #be1 half of whom are under the age of #ae and have only lived in a post-#bjja ,afghanistan that has enjoyed freedoms such as music and sports1 which were banned under the ,taliban rule4 7#bj7 ,on ,september #g1 #bjai1 ,president ,donald ,j4 ,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 day4 ,he wrote that1 because a ,taliban attack killed several people1 including a ,united ,states soldier1 in ,kabul on ,september #e1 #bjai1 he had immediately cancelled the meeting and called off peace negotiations4 7#ba7 ,the ,afghan constitution provides the people of ,afghanistan the ability to directly elect their ,president and ,members of ,parliament4 ,the constitution protects human rights and has resulted in gains for women1 minorities1 independent press and media1 and democratic governance since the ,taliban were removed from power in #bjja4 #d4 ,sense of ,congress on ,united ,states policy ,it is the sense of ,congress that-- 7#a7 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 ,states1 our allies1 or partners2 7#b7 the ,government of ,afghanistan remains an important partner of the ,united ,states in the fight against terrorism1 working with the ,united ,states ,government to eliminate al-,qaeda1 ,,isis-,k1 and their affiliates in ,afghanistan2 7#c7 ,afghanistan's neighbors play a pivotal role in securing a durable peace in ,afghanistan to include facilitating peace discussions1 eliminating ,taliban and ,haqqani ,network sanctuaries1 and eliminating support for proxies that threaten ,united ,states objectives in the region2 7#d7 a secure and stable ,afghanistan is in ,united ,states national security interests and contributes to regional stability in ,south ,asia2 7#e7 the ,united ,states ,government pursues negotiations with ,taliban officials for the purposes of achieving-- 7,a7 verifiable and sustainable counterterrorism assurances that ensure that the ,taliban privately and publicly break ties with al-,qaeda and its affiliates1 and it never again provides safe haven to al-,qaeda and its affiliates in ,afghanistan2 7,b7 a conditions-based ,united ,states troop drawdown based on verifiable and sustainable counterterrorism assurances2 7,c7 an intra-,afghan peace settlement ratified through an inclusive and transparent process that includes the participation of ,afghan women and minorities2 and 7,d7 a comprehensive ceasefire2 7#f7 any action to curtail or remove ,united ,states military forces from ,afghanistan must include regular consultation with ,congress2 7#g7 the ,united ,states ,government should consult1 and if appropriate1 include relevant international actors1 including ,afghanistan's neighbors1 and ,,nato allies in the ,afghanistan peace process2 7#h7 the ,united ,states ,government should ensure that the ,afghan ,taliban are not able to secure safe haven in countries neighboring ,afghanistan2 7#i7 the ,united ,states ,government should safeguard the social1 economic1 and political progress the ,government and people of ,afghanistan have achieved since #bjja1 including progress on access to universally recognized human rights1 education1 justice1 and jobs1 including in government institutions for all ,afghans1 including women and girls and minorities1 democratic governance and rule of law1 and freedoms of press and media2 and 7#aj7 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 rights1 including women's rights1 in ,afghanistan4 #e4 ,sense of ,congress on congressional hearings and briefings ,it is the sense of ,congress that-- 7#a7 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 continue2 and 7#b7 the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives should1 as appropriate1 hold hearings on ,united ,states policy in ,afghanistan1 including with the participation of official witnesses1 and otherwise obtain information in order to fully review the negotiations4 #f4 ,oversight of peace process and relevant agreements 7a7 ,transmission to ,congress of agreements 7#a7 ,transmission of agreements ,not later than #cj days after finalizing an agreement with ,taliban officials1 the ,secretary of ,state1 in coordination with the ,secretary of ,defense1 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 ,representatives1 the majority and minority leader of the ,senate1 and the ,speaker1 majority leader1 and minority leader of the ,house of ,representatives the agreement1 including all related materials and annexes1 to include details related to counterterrorism assurances by the ,taliban1 ,united ,states troop withdrawals from ,afghanistan1 and the status of intra-,afghan negotiations and a comprehensive ceasefire4 7#b7 ,initial verification assessment report 7,a7 ,in general ,not later than #fj days after finalizing an agreement with ,taliban officials1 the ,secretary of ,state1 in coordination with the ,secretary of ,defense1 shall prepare1 with respect to such agreement1 a report assessing-- 7i7 the extent to which the ,secretary will be able to verify that ,taliban officials are complying with obligations and commitments under the peace agreement1 including how ,taliban officials will ensure counterterrorism assurances and guarantee ,afghanistan will not be a safe haven for terrorist organizations1 such as al-,qaeda2 7ii7 whether ,taliban officials have made a complete1 transparent1 public1 and verifiable declaration of the ,taliban breaking all ties with al-,qaeda1 including a rejection of al-,qaeda leader ,ayman al ,zawahiri's loyalty pledge to ,taliban leader ,mawlawi ,haibatullah ,akhunzada2 7iii7 whether the ,haqqani ,network has broken ties with al-,qaeda1 and the ,haqqani ,network's leader ,sirajuddin ,haqqani remains part of the leadership structure of the ,taliban2 7iv7 the viability of the intra-,afghan governing agreement2 and 7v7 whether the terms of ceasefire are being met by all sides in the conflict4 7,b7 ,classified annex ,the report required under subparagraph 7,a7 shall be transmitted in unclassified form1 but shall include a classified annex1 prepared in consultation with the ,department of ,defense1 that provides relevant classified information1 including information on any other matter that the ,secretary deems relevant4 7b7 ,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 ,congress4 7c7 ,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 ,states4 #g4 ,ensuring a durable peace in ,afghanistan2 semiannual report on verification and compliance 7a7 ,in general ,not later than #ahj days after entering into an agreement with ,taliban officials1 and not less frequently than once every #ahj days thereafter1 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 honored4 7b7 ,elements ,the report required under subsection 7a7 shall include-- 7#a7 an assessment of whether ,taliban officials are complying with obligations and commitments under the peace agreement1 including whether ,taliban officials are ensuring counterterrorism assurances and guaranteeing ,afghanistan is not a safe haven for terrorist organizations1 such as al ,qaeda2 7#b7 an assessment of terrorist activity in ,afghanistan and ,taliban actions with respect to counterterrorism guarantees1 and an assessment of threats against the ,united ,states homeland2 7#c7 an updated assessment of the viability of the intra-,afghan governing agreement2 7#d7 an assessment as to whether the terms of ceasefire are being met by all sides in the conflict2 7#e7 an overview and assessment of any action that breaches the agreement or puts ,taliban officials in noncompliance with the terms of the agreement2 7#f7 a description of the status of human rights1 including the rights of women and minorities1 as well as their access to education1 justice1 and economic opportunities1 in ,afghanistan following a peace deal with ,taliban officials2 7#g7 a description of the constitution of ,afghanistan's guaranteed rights and protections2 and 7#h7 a description of the status of the rule of law1 and governance structures at the central1 provincial1 and district levels of government1 freedoms of media and press1 and civil society's operating space4