S.Amdt. 4488Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4488

Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

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.
______