S.Amdt. 4488Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4488
Sponsored by
Sen. James E. Risch (R-ID)
Submitted November 4, 2021
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Senate amendment submitted
November 4, 2021
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Submitted
SA 4488. Mr. RISCH submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title XII of division A, add the following: SECTION 1216. RESTRICTIONS RELATING TO INTERNATIONAL FINANCIAL INSTITUTION ASSISTANCE TO THE TALIBAN. (a) Findings.--Congress makes the following findings: (1) In August 2021, in response to the Taliban's toppling of the internationally recognized Government of Afghanistan, and growing concerns over reported human rights abuses, donors suspended foreign aid to Afghanistan, which accounts for approximately 40 percent of Afghanistan's gross domestic product. (2) Among the donors referred to in paragraph (1) are international financial institutions, such as the International Monetary Fund, which froze the disbursement of more than $400,000,000 in emergency currency reserves allocated to Afghanistan because of concerns related to the credibility and legitimacy of the Taliban rule. (3) The World Bank, which has committed more than $5,300,000,000 in reconstruction and development funding for Afghanistan since 2002, similarly suspended funding for projects in Afghanistan, citing concerns over how Taliban rule would impact ``the county's development prospects, especially for women''. (4) Since Taliban rule in Afghanistan threatens vital gains achieved in Afghanistan during the past 20 years, particularly gains regarding the rule of law, counterterrorism, and the rights of women and girls, it should be denied credibility and international legitimacy on the world stage. (5) In April 2021, Secretary of State Antony Blinken stated, ``I can say very clearly and categorically that an Afghanistan that does not respect [the rights of women and girls], that does not sustain the gains we've made, will be a pariah.''. (6) Despite the freeze in funding, the World Bank, along with the rest of the international community-- (A) remains firmly committed to assisting the Afghan people; and (B) is ``exploring ways [through which the World Bank] can remain engaged to preserve hard-won development gains and continue to support the people of Afghanistan.''. (b) Statement of Policy.--It is the policy of the United States to oppose the extension of loans, guarantees, or other financial or technical assistance to the Taliban, any agency or instrumentality of the Government of Afghanistan that is under the direction or control of the Taliban, or any member of the Taliban until the Taliban has-- (1) publicly and privately broken all ties with other terrorist groups, including al Qaeda; (2) verifiably prevented the use of Afghanistan as a platform for terrorist attacks against the United States or against partners or allies of the United States, including by denying terrorist groups-- (A) sanctuary space in Afghanistan; (B) transit through Afghan territory; and (C) the use of Afghanistan for terrorist training, planning, or equipping; (3) provided humanitarian actors with full, unimpeded access to vulnerable populations throughout Afghanistan, without interference or diversion; (4) respected freedom of movement, including by facilitating-- (A) the departure of foreign nationals, applicants for the special immigrant visa program, and other at-risk Afghans by air or land routes; and (B) the safe, voluntary, and dignified return of displaced persons; and (5) supported the establishment of an inclusive government of Afghanistan that respects the rule of law, press freedom, and human rights, including the rights of women and girls. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; (D) the Committee on Appropriations of the House of Representatives. (2) International financial institution.--The term ``international finance institution'' includes-- (A) the International Monetary Fund; (B) the International Bank for Reconstruction and Development; (C) the European Bank for Reconstruction and Development; (D) the International Development Association; (E) the International Finance Corporation; (F) the Multilateral Investment Guarantee Agency; (G) the African Development Bank; (H) the African Development Fund; (I) the Asian Development Bank; (J) the Inter-American Development Bank; (K) the Bank for Economic Cooperation and Development in the Middle East and North Africa; and (L) the Inter-American Investment Corporation. (d) Restricting International Financial Institution Assistance to the Taliban.-- (1) In general.--Subject to paragraphs (2) and (3), the Secretary of the Treasury should-- (A) instruct the United States Executive Director of the World Bank Group to use the voice, vote, and influence of the United States to oppose-- (i) the extension by the International Finance Corporation of any loan, guarantee, or other financial or technical assistance to-- (I) the Taliban; (II) any agency or instrumentality of the Government of Afghanistan under the direction or control of the Taliban; or (III) any member of the Taliban; and (ii) support by the International Finance Corporation of a project that materially benefits the Taliban in Afghanistan; (B) instruct the United States Executive Director of the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to oppose-- (i) the extension by the Bank of any loan, guarantee, or other financial or technical assistance to-- (I) the Taliban; (II) any agency or instrumentality of the Government of Afghanistan under the direction or control of the Taliban; or (III) a member of the Taliban; or (ii) support by the Bank of a project that materially benefits the Taliban in Afghanistan; and (C) instruct the United States Executive Directors of all other international financial institutions, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach that makes all future engagements with and lending to the Taliban contingent upon the Taliban-- (i) publicly and privately breaking all ties with other terrorist groups, including al Qaeda; (ii) verifiably preventing the use of Afghanistan as a platform for terrorist attacks against the United States or partners or allies of the United States, including by denying terrorist groups-- (I) sanctuary space in Afghanistan; (II) transit through Afghan territory; and (III) the use of Afghanistan for terrorist training, planning, or equipping; (iii) providing humanitarian actors with full, unimpeded access to vulnerable populations throughout Afghanistan, without interference or diversion; (iv) respecting freedom of movement, including by facilitating-- (I) the departure of foreign nationals, applicants for the special immigrant visa program, and other at-risk Afghans by air or land routes; and (II) the safe, voluntary, and dignified return of displaced persons; and (v) supporting the establishment of an inclusive Government of Afghanistan that respects the rule of law, press freedom, and human rights, including the rights of women and girls. (2) Exception for humanitarian purposes.--The restrictions under subparagraphs (A) and (B) of paragraph (1) shall not apply with respect to transactions which are integral to the provision of humanitarian assistance in Afghanistan. (3) Termination.--Paragraph (1) shall not apply on or after the date that is 30 days after date on which the President determines and certifies to the appropriate congressional committees that the Taliban has complied with all of the conditions set forth in subsection (b). [[Page S7987]] (e) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the restrictions under subsection (d)(1) are terminated pursuant to subsection (d)(3), the Secretary of the Treasury and the Secretary of State, after consultation with the Secretary of Defense, shall jointly submit a report to the appropriate congressional committees that describes-- (1) the efforts of the United States Executive Directors of international financial institutions to comply with their respective responsibilities under subsection (d)(1); (2) the status of the Taliban's adherence to international human rights principles that are recognized by the United States; and (3) the degree to which the Taliban has met its commitments under the peace agreement signed by the United States and the Taliban in Doha, Qatar on February 29, 2020. ______