Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696584929871.pdf (United States)
November 1, 2021 (9) Prior to the Taliban takeover in August 2021, approximately 7,000,000 people in Af- ghanistan lacked or had limited access to es- sential health services as a result of inad- equate public health coverage, weak health systems, and conflict-related interruptions in care.
Women and girls faced additional challenges, as their access to life-saving services (for example, emergency obstetric services) was limited due to a shortage of fe- male medical staff, cultural barriers, stigma and fears of reprisals following sexual vio- lence, or other barriers to mobility, includ- ing security fears.
(10) Only approximately 50 percent of preg- nant women and girls in Afghanistan deliver their children in a health facility with a pro- fessional attendant, which increases the risk of complications in childbirth and prevent- able maternal mortality.

Food insecurity in Afghanistan is also posing a variety of threats to women and girls as malnutrition weakens their immune systems, making them more susceptible to infections, com- plications during pregnancy, and risks dur- ing childbirth.
(11) Adolescent girls are particularly at risk due to the lack of safe and accessible re- productive health services.

(12) 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 in- security and other effects of extreme pov- erty.
(13) 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 access- ing safe health services and information.
(b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) since 2001, women’s rights organizations and girl-led groups and networks have been important engines of social, economic, and political development in Afghanistan; (2) any future political order in Afghani- stan 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 per- taining to public and private life; (3) respecting the human rights of all peo- ple is essential to securing lasting peace and sustainable development in Afghanistan; (4) in cooperation with international part- ners, the United States must endeavor to preserve the hard-won gains made in Afghan- istan during the past two decades, particu- larly as related to the political and economic role, social rights, and protection of women and girls in society; (5) the continuing humanitarian assistance to the Afghan people is critical to support women and girls, for their protection, con- tinued education, and well-being; (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 participa- tion of female staff at all levels and across functional roles among all humanitarian ac- tors; and (7) a lack of aid and essential services would result in a humanitarian crisis and serve to reinforce gender inequalities and power imbalances in Afghanistan.
(c) POLICY OF THE UNITED STATES REGARD- ING THE RIGHTS OF WOMEN AND GIRLS OF AF- GHANISTAN.— (1) IN GENERAL.—It is the policy of the United States— CONGRESSIONAL RECORD — SENATE (A) to continue to support the 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 ac- countable for violations of international hu- manitarian law and human rights violations against women and girls; S7547 (C) An assessment of the prevalence of gen- der-based violence in Afghanistan.
(D) A report on United States funding obli- gated or expended during the period covered by the report in furtherance of gender equal- ity and women’s and girls’ rights in Afghani- stan, including how much funding has di- rectly supported women’s rights organiza- tions at the local level in Afghanistan.
(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 car- rying out the assessment described in para- graph (1)(A), the Secretary shall, to the max- imum 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.

- - - SA 4083.
- - - SA 4083.

Mrs. FEINSTEIN (for herself and Mr. PADILLA) submitted an amend- intended to be proposed to ment amendment SA 3867 submitted by Mr. REED and intended to be proposed to the bill H.R.
4350, to authorize appro- priations for fiscal year 2022 for mili- tary activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment 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 appropriate place, insert the fol- lowing: SEC.

ll.

IMPROVING THE MANAGEMENT OF DRIFTNET FISHING.


(a) SHORT TITLE.—This section may be cited as the ‘‘Driftnet Modernization and By- catch Reduction Act’’.

(b) DEFINITION.—Section 3(25) of the Mag- nuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1802(25)) is amended by inserting ‘‘, or with a mesh size of 14 inches or greater,’’ after ‘‘more’’.

(c) FINDINGS AND POLICY.— (1) FINDINGS.—Section 206(b) of the Magnu- son-Stevens Fishery Conservation and Man- agement Act (16 U.S.C.
1826(b)) is amended— (A) in paragraph (6), by striking ‘‘and’’ at the end; (B) to strongly oppose any weakening of the rights of women and girls in Afghani- stan; (C) to instruct representatives of the United States Government to use the voice, foreign assistance, and influence of the United States directly with the Taliban and at the United Nations, including with United Nations agencies, through participation in United Nations bodies, and with representa- tives of other United Nations Member States, to promote, respect, and uphold the human rights of the women and girls of Af- ghanistan, including the right to safely work; (D) to continue providing aid and assist- ance necessary to preserve the rights of women and girls in Afghanistan so that they may continue to pursue educational and pro- fessional opportunities and be equal mem- bers of Afghan society; (E) to identify individuals who violate the basic rights of women and girls in Afghani- stan, as those rights are defined by inter- national human right standards, such as by committing murder, lynching, and grievous domestic violence against women, and to press for bringing those individuals to jus- tice; (F) to systematically consult with Afghan women and girls on their needs and priorities in the development, implementation, and monitoring of humanitarian action, includ- ing women and girls who are part of the Af- ghan diaspora community; and (G) to ensure all humanitarian action is in- formed by— (i) a gender and power analysis conducted by the Department of State that identifies forms of inequality and oppression; and (ii) the collection, analysis, and use of data disaggregated by sex and age.
(2) DEFINITION OF AFGHAN SOCIETY.—In this subsection, the term ‘‘Afghan society’’ means the range of formal and informal or- ganizations in Afghanistan, including Af- ghan local nongovernmental organizations as well as international nongovernmental or- ganizations, that reflect community inter- ests and deliver some essential services.
(d) HUMANITARIAN AID POSITIONS FOR WOMEN IN AFGHANISTAN.—The Administrator of the United States Agency for Inter- national Development shall promote that Af- ghanistan-based humanitarian assistance-re- lated positions that the United States Agen- cy for International Development is seeking to fill are offered to women who are citizens of Afghanistan to the extent practicable.
(e) REPORT ON WOMEN AND GIRLS IN AF- (B) in paragraph (7), by striking the period GHANISTAN.— (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 conditions of women’s and girls’ rights in Afghanistan in relation to humanitarian needs and key de- velopment outcomes following the departure of United States and partner military forces, including the access of those women and girls to primary and secondary education, jobs, health care, and equal status in society as compared to men.
and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant en- tanglement and mortality of living marine resources, including myriad protected spe- cies, despite limitations on the lengths of such nets.’’.

(2) POLICY.—Section 206(c) of the Magnu- son-Stevens Fishery Conservation and Man- agement Act (16 U.S.C.
1826(c)) is amended— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (B) An assessment of the political and civic participation of women and girls in Afghani- stan.
(C) by adding at the end the following: ‘‘(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic S7548 zone and promote the development and adop- tion of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.’’.
(d) TRANSITION PROGRAM.—Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1826) is amended by adding at the end the fol- lowing— ‘‘(i) FISHING GEAR TRANSITION PROGRAM.— ‘‘(1) IN GENERAL.—During the 5-year period beginning on the date of enactment of the Driftnet Modernization and Bycatch Reduc- tion Act, the Secretary shall conduct a tran- sition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine re- sources, and shall award grants to eligible permit holders who participate in the pro- gram.
‘‘(2) PERMISSIBLE USES.—Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of cov- ering— ‘‘(A) any fee originally associated with a permit authorizing participation in a large- scale driftnet fishery, if such permit is sur- rendered for permanent revocation, and such permit holder relinquishes any claim associ- ated with the permit; ‘‘(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or ‘‘(C) the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is au- thorized to continue fishing using such alter- native gears.
‘‘(3) CERTIFICATION.—The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large- scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.’’.

(e) EXCEPTION.—Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857(1)(M)) is amended by inserting before the semicolon the following: ‘‘, unless such large-scale driftnet fishing— ‘‘(i) deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and ‘‘(ii) is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act’’.
(f) FEES.— (1) IN GENERAL.—The North Pacific Fishery Management Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the collection of fees from charter vessel operators who guide recreational anglers who harvest Pacific hal- ibut in International Pacific Halibut Com- mission regulatory areas 2C and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor reg- ulations).
(2) USE OF FEES.—Any fees collected under this subsection shall be available for the pur- poses of— (A) financing administrative costs of the Recreational Quota Entity program; (B) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the rec- reational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations); (C) halibut conservation and research; and (D) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regula- tions (or any successor regulations).
CONGRESSIONAL RECORD — SENATE (3) LIMITATION ON COLLECTION AND AVAIL- ABILITY.—Fees shall be collected and avail- able pursuant to this subsection only to the extent and in such amounts as provided in advance in appropriations Acts, subject to paragraph (4).

November 1, 2021 year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the fol- lowing: SEC.

ll.

PROTECTIONS FOR COVERED INDIVID- UALS.
Section 7211 of title 5, United States Code, is amended— (1) by striking ‘‘The right of employees’’ and inserting the following: ‘‘(a) IN GENERAL.—The right of covered in- dividuals’’; and (2) by adding at the end the following: ‘‘(b) REMEDIES.— ‘‘(1) ADMINISTRATIVE REMEDIES.— ‘‘(A) IN GENERAL.—A covered individual with respect to a Federal agency (other than a covered individual described in subpara- graph (B), (C), or (D)) who is aggrieved by a violation of subsection (a) may seek correc- tive action under sections 1214 and 1221 in the same manner as an individual who is ag- grieved by a prohibited personnel practice described in section 2302(b)(8).
‘‘(B) FBI EMPLOYEES.—A covered individual with respect to the Federal Bureau of Inves- tigation who is aggrieved by a violation of subsection (a) may seek corrective action under section 2303.

‘‘(C) INTELLIGENCE COMMUNITY EMPLOY- EES.—A covered individual with respect to a covered intelligence community element (as defined in section 1104(a) of the National Se- curity Act of 1947 (50 U.S.C.
3234(a))) who is aggrieved by a violation of subsection (a) may seek corrective action under section 1104 of the National Security Act of 1947 (50 U.S.C.

3234) or subsection (b)(7) or (j) of sec- tion 3001 of that Act (50 U.S.C.

3341).
3341).

‘‘(D) CONTRACTOR EMPLOYEES.—A covered individual with respect to a Federal agency who is an employee of, former employee of, or applicant for employment with, a con- tractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of the agency and who is aggrieved by a violation of subsection (a) of this section may seek corrective action under section 2409 of title 10 or section 4712 of title 41.
‘‘(E) BURDEN OF PROOF.—The burdens of proof under subsection (e) of section 1221 shall apply to an allegation of a violation of subsection (a) of this section made under subparagraph (A), (B), (C), or (D) of this paragraph in the same manner as those bur- dens of proof apply to an allegation of a pro- hibited personnel practice under such sec- tion 1221.
‘‘(F) CLASS OF INDIVIDUALS ENTITLED TO SEEK CORRECTIVE ACTION.—The right to seek corrective action under subparagraph (A), (B), (C), or (D) shall apply to a covered indi- vidual who is an employee of, former em- ployee of, or applicant for employment with, a Federal agency described in the applicable subparagraph or a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in sec- tion 2409 of title 10 and section 4712 of title 41) of such a Federal agency, notwith- standing the fact that a provision of law ref- erenced in the applicable subparagraph does not authorize one or more of those types of covered individuals to seek corrective ac- tion.
‘‘(2) PRIVATE RIGHT OF ACTION.— ‘‘(A) IN GENERAL.—If a final decision pro- viding relief for a violation of subsection (a) alleged under subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection is not issued within 210 days of the date on which the covered individual seeks corrective ac- tion under the applicable subparagraph and there is no showing that the delay is due to the bad faith of the covered individual, the (4) FEE COLLECTED DURING START-UP PE- RIOD.—Notwithstanding paragraph (3), fees may be collected through the date of enact- ment of an Act making appropriations for the activities authorized under this Act through September 30, 2022, and shall be available for obligation and remain available until expended.
SA 4084.

Mrs. FEINSTEIN (for herself and Mr. PADILLA) submitted an amend- ment 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 appro- priations for fiscal year 2022 for mili- tary activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment 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 appropriate place in subtitle G of title X, insert the following: SEC.

10ll.

DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES LEAS- ING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114–226) is amended— (1) in subparagraph (A), by striking ‘‘; and’’ and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ‘‘(B) any funds received as compensation for an easement described in subsection (e); and’’.

SA 4085.
SA 4085.

Mrs. FEINSTEIN (for herself and Mr. PADILLA) submitted an amend- ment 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 appro- priations for fiscal year 2022 for mili- tary activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment 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 D of title XXVIII, add the following: SEC.

2836.

PROHIBITION ON CLOSING OR RELO- CATING MARINE CORPS RECRUIT DEPOT IN SAN DIEGO, CALIFORNIA.
No Federal funds may be used to close or relocate the Marine Corps Recruit Depot in San Diego, California, or to conduct any planning or other activity related to such closure or relocation.

SA 4086.

Mrs. FEINSTEIN 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 ap- propriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal s