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Code · BILL · 117th Congress · S. 2863 (Introduced in Senate) — To require the imposition of sanctions with respect to the Taliban and persons assisting the Taliban in Afghanistan,... · Sec. 2

Sec. 2. Findings

1,032 words·~5 min read·/bill/117/s/2863/is/section-2·

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Congress makes the following findings: On April 14, 2021, President Joseph R. Biden announced the unconditional withdrawal of United States Armed Forces from Afghanistan after 20 years of conflict. United States troop withdrawals led to the rapid collapse of the democratically elected Government of Afghanistan, effectively ended prospects for a negotiated settlement, threaten to reverse the hard-earned rights of Afghanistan’s women and youth, and created dangerous sanctuary space for potential terrorist attacks against the United States and allies and partners of the United States.
Under the terms of the peace agreement signed by the United States and the Taliban in Doha, Qatar, on February 29, 2020, the withdrawal of the United States Armed Forces was contingent upon the Taliban upholding its commitment to a reduction in the levels of violence, engaging in substantive talks with the Government of Afghanistan, and adhering to certain counterterrorism guarantees. The Taliban failed to meet its commitments. The Taliban’s rise to power and inability to control its borders may result in a safe haven for violent jihadist groups, like al Qaeda and the Afghan affiliate of the Islamic State group, ISIS–Khorasan (commonly referred to as ISIS–K ).
According to a May 2020 report of the United Nations, The senior leadership of Al-Qaida remains present in Afghanistan, as well as hundreds of armed operatives, Al-Qaida in the Indian Subcontinent, and groups of foreign terrorist fighters aligned with the Taliban. . According to the same United Nations report, The Taliban regularly consulted with Al-Qaida during negotiations with the United States and offered guarantees that it would honor their historical ties. . In November 2020, the Lead Inspector General for Operation Freedom's Sentinel of the Department of Defense (in this section referred to as the Lead Inspector General ) echoed similar concerns, noting that members of al-Qaeda were integrated into the Taliban’s leadership and command structure .
In May 2021, the Lead Inspector General reaffirmed those concerns, noting that [a]ccording to the Defense Intelligence Agency, the Taliban maintained close ties with al-Qaeda and was very likely preparing for large-scale offensives . On September 14, 2021, the Deputy Director of the Central Intelligence Agency stated, We are already beginning to see some of the indications of some potential movement of al Qaeda to Afghanistan. . On August 14, 2021, the United States began an operation at Hamid Karzai International Airport to evacuate United States citizens and Afghans affiliated with the United States, an action which forced the North Atlantic Treaty Organization (commonly referred to as NATO ) and allied countries to undertake similar operations.
During the evacuation operation conducted in August 2021, United States allies, all of which had contributed soldiers and resources to the fight against the Taliban and terrorism in Afghanistan since 2001, assisted in the exfiltration of thousands of United States citizens, their own nationals, and Afghans affiliated with NATO. In August 2021, at the height of the United States evacuation operation, ISIS–K carried out a dual attack striking Hamid Karzai International Airport and the Baron Hotel, killing more than 170 civilians, including 13 members of the United States Armed Forces.
According to the reports of the Department of State, as many as 10,000 to 15,000 United States citizens were in Afghanistan before the evacuation efforts. As of August 31, 2021, the Department of State evacuated just over 6,000 United States citizens, leaving untold numbers of United States citizens stranded in Afghanistan with little recourse for departure. As of August 31, 2021, the United States evacuated 705 out of 22,000 Afghans who applied for special immigrant visas, leaving the vast majority of Afghans behind and vulnerable to retribution by the Taliban.
The Taliban continues to hamper the movement of United States citizens and at-risk Afghans out of Afghanistan. On September 10, 2021, the Taliban appointed Sirajjudin Haqqani, a wanted terrorist responsible for attacks against United States citizens, as the Taliban minister of interior, ostensibly responsible for the continued evacuations of United States citizens and at-risk Afghans out of Afghanistan. A Taliban-led government rooted in Sharia law would undermine the vital gains made since 2001, particularly with respect to the rule of law and the rights of women and girls, and would lack credibility and international legitimacy on the world stage.
As noted by Human Rights Watch, Even before their takeover of Kabul on August 15, Taliban forces were already committing atrocities, including summary executions of government officials and security force members in their custody. . Since the Taliban’s takeover of Kabul, the Taliban has raided the homes of journalists and activists, as well as members of their families, and restricted girls’ access to education and women’s ability to work. The Lead Inspector General reported in May 2021 that the Taliban had carried out dozens of targeted killings of Afghan civilians, including government officials, teachers, journalists, medical workers, and religious scholars .
Despite reportedly providing written assurances to donors and the United Nations, the Taliban also continues to hinder humanitarian access to the most vulnerable areas and individuals in Afghanistan, with an estimated 18,400,000 people, or roughly half of the population in Afghanistan, currently in dire need of lifesaving assistance. Between 2001 and 2020, at least 569 humanitarian workers were targeted for attack in Afghanistan, and in August 2021 alone, at least 240 incidents affecting humanitarian access were reported by relief agencies.
The United States has invested more than $56,000,000,000 since 2002 in efforts to address profound humanitarian needs and help the people of Afghanistan, including women, girls, and religious and ethnic minorities, realize their democratic and development aspirations. Despite consistent challenges, United States humanitarian and development assistance has helped expand access to education for more than 3,000,000 girls since 2008, reduce maternal and child deaths by more than half since 2000, provide first-time access to safe drinking water for 650,000 people and improved sanitation services for 1,200,000 people since 2016, and catalyze a 3,000-percent increase in per capita gross domestic product between 2002 and 2018.
Following the Taliban takeover in Afghanistan, those notable achievements are at risk of reversal, the country stands on the verge of economic collapse, and according to the World Food Programme of the United Nations, an estimated 14,000,000 people are marching toward starvation .
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