S.Amdt. 4586Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4586
Sponsored by
Sen. Dianne Feinstein (D-CA)
Submitted November 15, 2021
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Senate amendment submitted
November 15, 2021
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Submitted
SA 4586. Mrs. FEINSTEIN (for herself, Ms. Ernst, Ms. Duckworth, Ms. Collins, Mr. Durbin, Mr. Cornyn, Ms. Hirono, and Mr. Peters) 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, add the following: SEC. 1220L. STATUS OF WOMEN AND GIRLS IN AFGHANISTAN. (a) Findings.--Congress finds the following: (1) Since May 2021, the escalation of violent conflict in Afghanistan has forcibly displaced an estimated 655,000 civilians, and 80 percent of those forced to flee are women and children. (2) Since regaining control of Afghanistan in August 2021, the Taliban have taken actions reminiscent of their brutal rule in the late 1990s, including by cracking down on protesters, detaining and beating journalists, reestablishing the Ministry for the Promotion of Virtue and Prevention of Vice, and requiring women to study at universities in gender- segregated classrooms while wearing Islamic attire. (3) Until the Taliban assumed control of the country in August 2021, the women and girls of Afghanistan had achieved much since [[Page S8103]] 2001, even as insecurity, poverty, underdevelopment, and patriarchal norms continued to limit their rights and opportunities in much of Afghanistan. (4) Through strong support from the United States and the international community-- (A) female enrollment in public schools in Afghanistan continued to increase through 2015, with an estimated high of 50 percent of school age girls attending; and (B) by 2019-- (i) women held political leadership positions, and women served as ambassadors; and (ii) women served as professors, judges, prosecutors, defense attorneys, police, military members, health professionals, journalists, humanitarian and developmental aid workers, and entrepreneurs. (5) Efforts to empower women and girls in Afghanistan continue to serve the national interests of Afghanistan and the United States because women are sources of peace and economic progress. (6) With the return of Taliban control, the United States has little ability to preserve the human rights of women and girls in Afghanistan, and those women and girls may again face the intimidation and marginalization they faced under the last Taliban regime. (7) Women and girls in Afghanistan are again facing gender- based violence, including-- (A) forced marriage; (B) intimate partner and domestic violence; (C) sexual harassment; (D) sexual violence, including rape; (E) denial of resources; and (F) emotional and psychological violence. (8) Gender-based violence has always been a significant problem in Afghanistan and is expected to become more widespread with the Taliban in control. In 2020, even before the Taliban assumed control of the country, Human Rights Watch projected that 87 percent of Afghan women and girls will experience at least one form of gender-based violence in their lifetime, with 62 percent experiencing multiple incidents of such violence. (9) Prior to the Taliban takeover in August 2021, approximately 7,000,000 people in Afghanistan lacked or had limited access to essential health services as a result of inadequate public health coverage, weak health systems, and conflict-related interruptions in care. (10) Women and girls faced additional challenges, as their access to life-saving services, such as emergency obstetric services, was limited due to a shortage of female medical staff, cultural barriers, stigma and fears of reprisals following sexual violence, or other barriers to mobility, including security fears. (11) Only approximately 50 percent of pregnant women and girls in Afghanistan deliver their children in a health facility with a professional attendant, which increases the risk of complications in childbirth and preventable maternal mortality. (12) Food insecurity in Afghanistan is also posing a variety of threats to women and girls, as malnutrition weakens their immune systems and makes them more susceptible to infections, complications during pregnancy, and risks during childbirth. (13) With the combined impacts of ongoing conflict and COVID-19, Afghan households increasingly resort to child marriage, forced marriage, and child labor to address food insecurity and other effects of extreme poverty. (14) In Afghanistan, the high prevalence of anemia among adolescent girls reduces their ability to survive childbirth, especially when coupled with high rates of child marriage and forced marriage and barriers to accessing safe health services and information. (b) Sense of Congress.--It is the sense of Congress that-- (1) since 2001, organizations and networks promoting the empowerment of women and girls have been important engines of social, economic, and political development in Afghanistan; (2) any future political order in Afghanistan should secure the political, economic, and social gains made by Afghan women and work to increase the equal treatment of women and girls and improve the safe access for women and girls to essential services and information through laws and policies pertaining to public and private life; (3) respecting the human rights of all people is essential to securing lasting peace and sustainable development in Afghanistan; (4) in cooperation with international partners, the United States must endeavor to preserve the hard-won gains made in Afghanistan during the past two decades, particularly as related to the social, economic and political empowerment of women and girls in society; (5) the continued provision of humanitarian assistance in Afghanistan should be targeted toward the most vulnerable, including for the protection, education, and well-being of women and girls; (6) immediate and ongoing humanitarian needs in Afghanistan can only be met by a humanitarian response that includes formal agreements between local nongovernmental organizations and international partners that promotes the safe access and participation of female staff at all levels and across functional roles among all humanitarian actors; and (7) a lack of aid and essential services would exacerbate the current humanitarian crisis and serve to reinforce gender inequalities and power imbalances in Afghanistan. (c) Policy of the United States Regarding the Rights of Women and Girls of Afghanistan.-- (1) In general.--It is the policy of the United States-- (A) to continue to support the human rights of women and girls in Afghanistan following the withdrawal of the United States Armed Forces from Afghanistan, including through mechanisms to hold all parties publicly accountable for violations of international humanitarian law and human rights violations against women and girls; (B) to strongly oppose any weakening of the rights of women and girls in Afghanistan; (C) to use the voice and influence of the United States at the United Nations to promote, respect, and uphold the human rights of the women and girls of Afghanistan, including the right to safely work; (D) to identify individuals who violate the human rights of women and girls in Afghanistan, as those rights are defined by international human rights standards, such as by committing acts of murder, lynching, and grievous domestic violence against women, and to press for bringing those individuals to justice; (E) to systematically consult with Afghan women and girls on their needs and priorities in the development, implementation, and monitoring of humanitarian action, including women and girls who are part of the Afghan diaspora community; and (F) to ensure all humanitarian action is informed by-- (i) a gender analysis that identifies forms of inequality and oppression; and (ii) the collection, analysis, and use of data disaggregated by sex and age. (d) Humanitarian Assistance and Afghan Women.--The Administrator of the United States Agency for International Development should work to ensure that Afghan women are employed and enabled to work in the delivery of humanitarian assistance in Afghanistan, to the extent practicable. (e) Report on Women and Girls in Afghanistan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through 2024, the Secretary of State shall submit to the appropriate committees of Congress a report that includes the following: (A) An assessment of the status of women and girls in Afghanistan following the departure of United States and partner military forces, including with respect to access to primary and secondary education, jobs, health care, and legal protections and status. (B) An assessment of the political and civic participation of women and girls in Afghanistan. (C) An assessment of the prevalence of gender-based violence in Afghanistan. (D) A report on funds for United States foreign assistance obligated or expended during the period covered by the report to advance gender equality and the human rights of women and girls in Afghanistan, including funds directed toward local organizations promoting the rights of women and girls. (2) Assessment.-- (A) Input.--The assessment described in paragraph (1)(A) shall include the input of-- (i) Afghan women and girls; (ii) organizations employing and working with Afghan women and girls; and (iii) humanitarian organizations providing assistance in Afghanistan. (B) Safety and confidentiality.--In carrying out the assessment described in paragraph (1)(A), the Secretary shall, to the maximum extent practicable, ensure the safety and confidentiality of personal information of each individual who provides information from within Afghanistan. (3) Definition of appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. ______