Sec. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN OFFICIALS AND AFGHANISTAN’S COMPREHENSIVE PEACE PROCESS

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## SEC. 1217 CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN OFFICIALS AND AFGHANISTAN’S COMPREHENSIVE PEACE PROCESS ###

(a)Definitions In this section: ####

(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####

(A)the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and #####

(B)the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. ####

(2)Government of afghanistan The term “Government of Afghanistan” means the Government of the Islamic Republic of Afghanistan and its agencies, instrumentalities, and controlled entities. ####

(3)The taliban The term “the Taliban”— #####

(A)refers to the organization that refers to itself as the “Islamic Emirate of Afghanistan”, that was founded by Mohammed Omar, and that is currently led by Mawlawi Hibatullah Akhundzada; and #####

(B)includes subordinate organizations, such as the Haqqani Network, and any successor organization. ####

(4)February 29 agreement The term “February 29 Agreement” refers to the political arrangement between the United States and the Taliban titled “Agreement for Bringing Peace to Afghanistan Between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and the United States of America” signed at Doha, Qatar on February 29, 2020. ###

(b)Oversight of Peace Process and Other Agreements ####

(1)Transmission to congress of materials relevant to the february 29 agreement Not later than January 10, 2021, the Secretary of State, in consultation with the Secretary of Defense, shall certify to the appropriate congressional committees that all materials relevant to the February 29 Agreement have been submitted to such committees. If the Secretary of State cannot so certify because materials relevant to the February 29 Agreement have not been submitted, the Secretary of State, in consultation with the Secretary of Defense, shall submit such materials not later than January 15, 2021. ####

(2)Submission to congress of any subsequent agreements involving the taliban The Secretary of State shall submit to the appropriate congressional committees, within 5 days of conclusion and on an ongoing basis thereafter, any agreement or arrangement subsequent to the February 29 Agreement involving the Taliban, as well as materials relevant to any subsequent agreement or arrangement involving the Taliban. ####

(3)Definitions In this subsection, the terms “materials relevant to the February 29 Agreement” and “materials relevant to any subsequent agreement or arrangement” include all annexes, appendices, and instruments for implementation of the February 29 Agreement or a subsequent agreement or arrangement, as well as any understandings or expectations related to the February 29 Agreement or a subsequent agreement or arrangement. ###

(c)Report on Verification and Compliance ####

(1)In general Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 120 days thereafter, the President shall submit to the appropriate congressional committees a report verifying whether the key tenets of the February 29 Agreement, or subsequent agreements or arrangements, and accompanying instruments for implementation are being upheld. ####

(2)Elements Each report required by paragraph

(1)shall include the following: #####

(A)An assessment of each of the following: ######

(i)The Taliban’s compliance with the February 29 Agreement, including counterterrorism guarantees and guarantees to deny safe haven and freedom of movement to al-Qaeda and other terrorist threats from operating on territory under its influence. ######

(ii)Whether the United States intelligence community has collected intelligence indicating the Taliban does not intend to uphold its commitments. ######

(iii)The current relationship between the Taliban and al-Qaeda, including an assessment of the relationship between the Haqqani Network and al-Qaeda. ######

(iv)The relationship between the Taliban and any other terrorist group that is assessed to threaten the security of the United States or its allies, including any change in conduct since February 29, 2020. ######

(v)The status of intra-Afghan discussions, including, in the event an intra-Afghan governing agreement is achieved, an assessment of the sustainability of such agreement. ######

(vi)The status of human rights, including the rights of women, minorities, and youth. ######

(vii)The access of women, minorities, and youth to education, justice, and economic opportunities in Afghanistan. ######

(viii)The status of the rule of law and governance structures at the central, provincial, and district levels of government. ######

(ix)The media and the press and civil society’s operating space in Afghanistan. ######

(x)Illicit narcotics production in Afghanistan, its linkages to terrorism, corruption, and instability, and policies to counter illicit narcotics flows. ######

(xi)Any efforts by Iran, China, Russia, or any other external actor to affect the February 29 Agreement. ######

(xii)The efforts of the Government of Afghanistan to fulfill the commitments under the Joint Declaration between the Islamic Republic of Afghanistan and the United States of America for Bringing Peace to Afghanistan, issued on February 29, 2020. ######

(xiii)The progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General to address gross violations of human rights by civilian security forces, the Taliban, and nongovernment armed groups, including— ######

(I)an analysis of resources provided by the Government of Afghanistan for such efforts; and ######

(II)a summary of assistance provided by the United States Government to support such efforts. #####

(B)The number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side. #####

(C)A detailed overview of Afghan national-level efforts to promote transitional justice, including forensic efforts and documentation of war crimes, mass killings, or crimes against humanity, redress to victims, and reconciliation activities. #####

(D)A detailed overview of United States support for Government of Afghanistan and civil society efforts to promote peace and justice at the local level and the manner in which such efforts inform government-level policies and negotiations. ####

(3)Form Each report required by paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. ###

(d)Rule of Construction Nothing in this section shall prejudice whether a subsequent agreement or arrangement involving the Taliban constitutes a treaty for purposes of Article II of the Constitution of the United States. ###

(e)Sunset Except for subsections

(b)and (d), the provisions of this section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.