II 

115TH CONGRESS 

1ST SESSION S. 1891 

To promote peace and justice in Afghanistan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2017 

Mr. CARDIN introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To promote peace and justice in Afghanistan, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Promoting Peace and Justice for the People of Afghani6 stan Act of 2017’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Sense of Congress. 

TITLE I—STRATEGY 


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Sec. 101. Strategy requirement. 

TITLE II—SUPPORTING PEACE AND JUSTICE 

Sec. 201. Authorization of Afghanistan Peace and Justice Initiative. 

Sec. 202. Report on transitioning to peace and justice in Afghanistan. 

TITLE III—SUPPORTING CIVILIAN SECURITY 

Sec. 301. Civilian security activities. 

Sec. 302. Report on corruption and abuses by civilian security forces. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) As stated by President Donald J. Trump on 

4 August 21, 2017, ‘‘Military power alone will not 

5 bring peace to Afghanistan or stop the terrorist 

6 threat arising in that country.’’. 

7 (2) Secretary of State Rex W. Tillerson noted, 

8 on August 22, 2017, that the current fighting in Af9 ghanistan will ‘‘take everyone nowhere, and it is 

10 time to begin a process—it may very well be a 

11 lengthy process—of reconciliation and a peace ac12 cord.’’. He further noted that the United States 

13 seeks ‘‘to facilitate a reconciliation peace process,’’ 

14 working with other countries in the region. 

15 (3) The June 2017 report by the Department 

16 of Defense, titled ‘‘Enhancing Security and Stability 

17 in Afghanistan’’, states ‘‘The U.S. and Afghan Gov18 ernments agree that the best way to ensure lasting 

19 peace and security in Afghanistan is through recVerDate Sep 11 2014 23:22 Oct 03, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1891.IS S1891

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1 onciliation and a political settlement with the 

2 Taliban.’’. 

3 (4) On June 6, 2017, the Government of the Is4 lamic Republic of Afghanistan, with the participa5 tion of regional and international partners, launched 

6 the Kabul Process for Peace and Security Coopera7 tion, which is based on the premise that a stable Af8 ghanistan is necessary for a stable region. 

9 (5) The Afghanistan High Peace Council was 

10 established by the President of the Islamic Republic 

11 of Afghanistan on September 5, 2010, within the 

12 context of the Afghanistan Peace and Reintegration 

13 Program and was tasked with negotiating an end to 

14 the Government of the Islamic Republic of Afghani15 stan’s conflict with the Taliban in Afghanistan, with 

16 input from women and civil society representatives 

17 in the country. 

18 (6) As noted by the Commander of the United 

19 States Central Command, General Joseph Votel, in 

20 testimony to the Committee on Armed Services of 

21 the Senate on March 9, 2017, corruption remains a 

22 significant challenge to the capability of the Afghan 

23 National Security Forces. 

24 (7) As stated in the report referred to in para25 graph (3), the Afghan Ministry of Interior ‘‘posVerDate Sep 11 2014 23:22 Oct 03, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1891.IS S1891

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1 sesses the basic systems and organizations to inves2 tigate and adjudicate’’ alleged corruption and human 

3 rights violations, but ‘‘the political will to hold viola4 tors, especially senior officers, accountable remains 

5 fragile.’’. The report further notes that the Afghan 

6 Ministry of Interior lags behind the Afghan Ministry 

7 of Defense ‘‘in its capacity to train personnel and 

8 units on rule of law and corruption issues.’’. 

9 (8) On June 30, 2016, the President of the Is10 lamic Republic of Afghanistan established the Anti11 Corruption Justice Center (ACJC) under the Attor12 ney General’s Office to combat high-level corruption 

13 within the Government of Afghanistan. The ACJC 

14 has since prosecuted several major corruption cases. 

15 The Independent Joint Anti-Corruption Monitoring 

16 and Evaluation Committee in Afghanistan noted, in 

17 its August 2017 quarterly report, that the ACJC 

18 ‘‘has continued functioning as an effective judicial 

19 device to combat corruption in various government 

20 organizations.’’. 

21 (9) The Afghan Independent Human Rights 

22 Commission was established on June 6, 2002, pur23 suant to the Agreement on Provisional Arrange24 ments in Afghanistan Pending the Re-Establishment 

25 of Permanent Government Institutions, done in 


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1 Bonn, Germany, December 5, 2001 (commonly 

2 known as the ‘‘Bonn Agreement’’), and functions as 

3 a national human rights institution working on the 

4 protection and promotion of human rights in Af5 ghanistan. 

6 (10) As stated in the United Nations Assistance 

7 Mission to Afghanistan’s (UNAMA) 2016 Annual 

8 Report on the Protection of Civilians in Armed Con9 flict in Afghanistan, the number of civilian casualties 

10 in Afghanistan in 2016 was the highest since 

11 UNAMA began counting such casualties in 2009 

12 and women and children ‘‘continue to be dispropor13 tionately affected by the conflict.’’. UNAMA also 

14 noted, in the 2017 Midyear Report on the Protection 

15 of Civilians in Armed Conflict in Afghanistan, that 

16 ‘‘both child and women casualties rose during the 

17 first half of 2017.’’. 

18 (11) The report referred to in paragraph (3) 

19 notes that— 

20 (A) ‘‘structural barriers, traditional cul21 tural norms, and insecurity’’ contributed to the 

22 precarious situation of women in Afghanistan 

23 and in the Afghanistan National Defense and 

24 Security Forces; and 


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1 (B) ‘‘little progress has been made toward 

2 implementation’’ of the Government of Afghani3 stan’s National Action Plan on United Nations 

4 Security Council Resolution 1325 on Women, 

5 Peace, and Security. 

6 (12) The New Development Partnership With 

7 Afghanistan was launched by the United States 

8 Agency for International Development in March 

9 2015 to reinforce the United States ‘‘commitment to 

10 results and accountability by linking funds to spe11 cific reforms in combating corruption, promoting 

12 rule of law, strengthening women’s rights, and en13 hancing private sector growth.’’. 

14 (13) The Afghan Compact, which was launched 

15 by the President of the Islamic Republic of Afghani16 stan in Kabul on August 24, 2017— 

17 (A) commits the Government of Afghani18 stan to key reforms aimed at improving security 

19 and creating a more peaceful, stable, and pros20 perous society; and 

21 (B) includes benchmarks in the areas of 

22 governance, security, peace and reconciliation, 

23 and economy, which reflect global standards. 

24 (14) The United States has been a leading 

25 donor to the Afghanistan Reconstruction Trust 


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1 Fund, which was established in 2002, to provide a 

2 coordinated financing mechanism for the Govern3 ment of Afghanistan’s budget and priority national 

4 investment projects. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Foreign Relations of 

11 the Senate; 

12 (B) the Committee on Appropriations of 

13 the Senate; 

14 (C) the Committee on Foreign Affairs of 

15 the House of Representatives; and 

16 (D) the Committee on Appropriations of 

17 the House of Representatives. 

18 (2) ATROCITY CRIMES.—The term ‘‘atrocity 

19 crimes’’ refers to any of the following: 

20 (A) ‘‘War crimes’’ as defined in section 

21 2441(c) of title 18, United States Code. 

22 (B) ‘‘Genocide’’ as defined in section 

23 1091(a) of title 18, United States Code. 


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1 (C) ‘‘Crimes against humanity’’ as defined 

2 in Article 7 of the Rome Statute of the Inter3 national Criminal Court. 

4 (3) GROSS VIOLATIONS OF INTERNATIONALLY

5 RECOGNIZED HUMAN RIGHTS.—The term ‘‘gross vio6 lations of internationally recognized human rights’’ 

7 has the meaning given the term in section 

8 502B(d)(1) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2304(d)(1)). 

10 (4) TRANSITIONAL JUSTICE.—The term ‘‘tran11 sitional justice’’ means the range of judicial, non-ju12 dicial, formal, informal, retributive, and restorative 

13 measures employed by countries transitioning out of 

14 armed conflict to redress legacies of atrocities and 

15 promote long-term, sustainable peace. 

16 SEC. 4. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) it is in the national security interests of the 

19 United States that the Government of the Islamic 

20 Republic of Afghanistan and the Afghan Taliban 

21 conclude, through inclusive negotiations, a political 

22 settlement in which the Taliban— 

23 (A) renounces violence; 

24 (B) breaks ties to international terrorism; 

25 and 


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1 (C) accepts the Afghan constitution, in2 cluding its safeguards to respect human rights, 

3 especially of women, girls, and ethnic and reli4 gious minorities; 

5 (2) the United States Government should urge 

6 all regional actors to play a constructive role in sup7 porting peace and stability in Afghanistan and the 

8 South Asia region, including by— 

9 (A) refraining from supporting proxy 

10 forces in Afghanistan; and 

11 (B) exercising their influence on the Af12 ghan Taliban to renounce violence, break ties 

13 with international terrorism, and enter into 

14 talks with representatives of the Government of 

15 Afghanistan without preconditions; 

16 (3) the United States Government should bring 

17 all the tools at its disposal to bear in seeking a polit18 ical settlement to the conflict in Afghanistan, includ19 ing the diplomatic and development expertise at the 

20 Department of State and United States Agency for 

21 International Development; 

22 (4) the United States Government should in23 crease its bilateral and multilateral engagement by 

24 Cabinet members and other high-level officials in 

25 support of a negotiated political settlement, includVerDate Sep 11 2014 23:22 Oct 03, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1891.IS S1891

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1 ing by continuing to support engagement in the 

2 Quadrilateral Coordination Group and other formats 

3 for dialogue among regional powers to promote a ne4 gotiated settlement to the conflict in Afghanistan; 

5 (5) the United States Government should stipu6 late clear conditions for the withdrawal of its troops 

7 from Afghanistan, including guarantees that Afghan 

8 territory will not be used to stage attacks on the 

9 United States; 

10 (6) combat operations, including offensive ac11 tions and combat-enabling support to operations 

12 such as close air support, are inherently government 

13 functions that cannot be appropriately carried out by 

14 private contractors; 

15 (7) the United States Government— 

16 (A) should not deploy private contractors 

17 to undertake combat operations in Afghanistan 

18 or embed with the Afghan National Defense 

19 and Security Forces; and 

20 (B) should respect the sovereignty of the 

21 democratically elected Government of the Is22 lamic Republic of Afghanistan over Afghan ter23 ritory; 


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1 (8) the United States Government should sup2 port democratic, accountable, and inclusive govern3 ance in Afghanistan; 

4 (9) the President should use the authority of 

5 the President to impose sanctions under the Global 

6 Magnitsky Human Rights Accountability Act (sub7 title F of title XII of Public Law 114–328; 22 

8 U.S.C. 2656 note) on officials of the Government of 

9 Afghanistan and their associates responsible for 

10 gross violations of internationally recognized human 

11 rights or acts of significant corruption; 

12 (10) the United States Government should use 

13 other existing authorities to implement visa bans 

14 and asset freezes on Afghan individuals responsible 

15 for corruption; 

16 (11) it is in the national interests of the United 

17 States that the Government of the Islamic Republic 

18 of Afghanistan effectively upholds civilian security 

19 by enforcing the rule of law and ensuring account20 ability for abuses and corruption committed by state 

21 actors; 

22 (12) approaches, such as the New Development 

23 Partnership of the United States Agency for Inter24 national Development, which link funds provided to 

25 the Government of Afghanistan to specific reforms— 


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1 (A) are important for incentivizing 

2 progress by the Government of Afghanistan, in3 cluding the commitments it has made in the Af4 ghan Compact, and ensuring the effectiveness 

5 and sustainable impact of United States assist6 ance; and 

7 (B) should be utilized more broadly by the 

8 Department of State and the Department of 

9 Defense to link funding to specific progress on 

10 benchmarks relating to human rights, anti-cor11 ruption, and accountable governance, particu12 larly with respect to assistance to Afghan secu13 rity forces and relevant ministries; and 

14 (13) The Government of the Islamic Republic of 

15 Afghanistan should— 

16 (A) implement laws and policies to govern 

17 democratically, including through the conduct 

18 of regular, inclusive, credible, and transparent 

19 elections, and to protect the rights of individ20 uals, civil society, and the media; 

21 (B) take consistent steps to protect and 

22 advance the rights of women, girls, and ethnic 

23 and religious minorities in Afghanistan; 

24 (C) effectively implement a whole-of-gov25 ernment, anti-corruption strategy that has been 


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1 endorsed by the High Council on Rule of Law 

2 and Anti-Corruption, as agreed to at the Brus3 sels Conference on Afghanistan in October 

4 2016; 

5 (D) prosecute individuals alleged to be in6 volved in corrupt or illegal activities in Afghani7 stan; 

8 (E) take consistent steps to develop a pro9 fessional, accountable civilian police force and 

10 ensure that its use in counter-insurgency aims 

11 does not undermine law enforcement and the 

12 rule of law; 

13 (F) take consistent steps, through the civil14 ian justice system, to investigate and prosecute 

15 military and police personnel who are credibly 

16 alleged to have violated human rights, and to 

17 ensure that the military and the police are co18 operating in such cases; and 

19 (G) take consistent steps to promote addi20 tional transitional justice measures. 

21 TITLE I—STRATEGY 

22 SEC. 101. STRATEGY REQUIREMENT. 

23 (a) REPORT.—Not later than 60 days after the date 

24 of the enactment of this Act, the President shall submit 


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1 its strategy for United States engagement in Afghanistan 

2 to the appropriate congressional committees. 

3 (b) ELEMENTS.—The strategy required under sub4 section (a) shall include detailed information on specific 

5 steps to be taken to support the following objectives: 

6 (1) A negotiated political resolution to the con7 flict in Afghanistan in which the Taliban renounces 

8 violence, breaks ties to international terrorism, and 

9 accepts Afghan constitutional provisions, including 

10 those which safeguard human rights. 

11 (2) Progress toward the withdrawal of United 

12 States forces that is based on clearly stipulated con13 ditions and an articulation of those conditions. 

14 (3) A democratic, accountable, and inclusive 

15 Government of the Islamic Republic of Afghanistan 

16 chosen in regular, inclusive, credible, and trans17 parent electoral processes. 

18 (4) Effective, accountable, and sustainable Af19 ghan National Security and Defense Forces that are 

20 able to disrupt and degrade the activities of al 

21 Qa’ida, Islamic State, and other terrorist groups in 

22 Afghanistan. 

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1 countability for official acts of corruption and viola2 tions of human rights. 

3 (6) Regional diplomatic efforts to promote the 

4 long-term stabilization of Afghanistan and end safe 

5 haven for proxy forces. 

6 (c) IMPLEMENTATION.— 

7 (1) COMBAT OPERATIONS.—In implementing 

8 the strategy required under this section, Federal 

9 agencies may not— 

10 (A) employ private security contractors to 

11 conduct combat operations, including offensive 

12 actions and combat-enabling support to oper13 ations, inside Afghanistan; or 

14 (B) embed such contractors with Afghan 

15 military units to engage directly in combat op16 erations. 

17 (2) CODE OF CONDUCT.—In employing private 

18 security contractors for activities other than combat 

19 operations, Federal agencies shall ensure that such 

20 contractors— 

21 (A) act in accordance with principles, 

22 standards, and codes of conduct that are based 

23 on international law; and 

24 (B) participate in oversight and account25 ability mechanisms to ensure that their conduct 


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1 is consistent with such principles, standards, 

2 and codes of conduct. 

3 TITLE II—SUPPORTING PEACE 

4 AND JUSTICE 

5 SEC. 201. AUTHORIZATION OF AFGHANISTAN PEACE AND 

6 JUSTICE INITIATIVE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for the Afghanistan 

9 Peace and Justice Initiative, for the fiscal years 2018 and 

10 2019, such sums as may be necessary to support govern11 mental and nongovernmental activities that promote peace 

12 and justice. 

13 (b) USE OF FUNDS.—Amounts appropriated pursu14 ant to subsection (a) shall be used for the following activi15 ties: 

16 (1) To support governmental and nongovern17 mental initiatives to include citizens’ input into the 

18 work of the Government of Afghanistan’s High 

19 Peace Council and formal government peace negotia20 tions, including activities to incorporate the input of 

21 women, ethnic and religious minorities, and other 

22 vulnerable groups. 

23 (2) To support governmental and nongovern24 mental initiatives, including initiatives through the 

25 Afghan Independent Human Rights Commission, to 


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1 promote accountability for atrocity crimes, including 

2 acts committed by governmental and nongovern3 mental actors. 

4 (3) To support governmental and nongovern5 mental initiatives, including initiatives through the 

6 Afghan Independent Human Rights Commission, to 

7 promote peace building, transitional justice, and rec8 onciliation, including cross-border and regional pro9 gramming. 

10 (c) IMPLEMENTATION.—The Secretary of State, in 

11 consultation with the Administrator of the United States 

12 Agency for International Development, shall coordinate 

13 and carry out the activities described in subsection (b). 

14 SEC. 202. REPORT ON TRANSITIONING TO PEACE AND JUS15 TICE IN AFGHANISTAN. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, and annually thereafter, 

18 the Secretary of State shall submit to Congress a report 

19 describing United States diplomatic engagement and as20 sistance, including through the Afghan Peace and Justice 

21 Initiative, to support progress on a negotiated peace settle22 ment and transitional justice mechanisms to address 

23 atrocity crimes in Afghanistan. 

24 (b) ELEMENTS.—The report required under sub25 section (a) shall include the following elements: 


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1 (1) An unclassified summary, with classified 

2 annex as necessary, of progress toward a negotiated 

3 peace settlement and how the United States Govern4 ment is supporting such progress through its en5 gagement with governments and other actors in the 

6 South Asia and Central Asia regions, including by 

7 Cabinet members and other high-level officials. 

8 (2) A list of officials of the Government of Af9 ghanistan and nongovernmental actors credibly al10 leged to have committed war crimes, genocide, or 

11 crimes against humanity, a description of the alleged 

12 crimes, and a description of steps taken to hold 

13 these individuals accountable for the alleged crimes. 

14 (3) A summary of national-level efforts to pro15 mote transitional justice, including forensic efforts 

16 and documentation of war crimes, genocide, or 

17 crimes against humanity, redress to victims, and rec18 onciliation activities. 

19 (4) A summary of United States support for 

20 Government of Afghanistan and civil society efforts 

21 to promote peace and justice at the local level and 

22 how these efforts are informing government-level 

23 policies and negotiations. 


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1 TITLE III—SUPPORTING 

2 CIVILIAN SECURITY 

3 SEC. 301. CIVILIAN SECURITY ACTIVITIES. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the International 

6 Narcotics Control and Law Enforcement account and the 

7 Economic Support Fund account, for fiscal years 2018 

8 and 2019, such sums as may be necessary to support the 

9 civilian security activities described in subsection (b). 

10 (b) USE OF FUNDS.—Amounts appropriated pursu11 ant to subsection (a) shall be used for the following activi12 ties: 

13 (1) To support the strengthening of oversight 

14 mechanisms within the Ministry of Interior to iden15 tify and address human rights abuses and corrup16 tion committed by Ministry of Interior security 

17 forces, including units involved in counter-insurgency 

18 activities at the local level and holding territory re19 cently reclaimed from insurgents. 

20 (2) To support the efforts of the Office of the 

21 Attorney General of Afghanistan, including the Anti22 Corruption Justice Center, to strengthen the rule of 

23 law and bolster the effectiveness of judicial officials 

24 and civilian police forces through investigations and 

25 prosecutions of such individuals for human rights 


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1 abuses or corruption, including through support to 

2 protect judicial officials, lawyers, victims, and wit3 nesses involved in such investigations and prosecu4 tions. 

5 (3) To support the Ministry of Interior to oper6 ate shelters for women and girls who are victims of 

7 human rights abuses and domestic violence and to 

8 improve internal investigative mechanisms and gen9 der-sensitive policing in order to enable women and 

10 girl victims to safely pursue justice for crimes com11 mitted against them. 

12 (4) To support the work of the Afghan Inde13 pendent Human Rights Commission or nongovern14 mental organizations to support accountability for 

15 human rights abuses and corruption through work 

16 with relevant agencies within the Government of Af17 ghanistan. 

18 SEC. 302. REPORT ON CORRUPTION AND ABUSES BY CIVIL19 IAN SECURITY FORCES. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the Secretary of State and the Secretary of Defense shall 

23 submit a report to Congress that contains— 

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1 eral of Afghanistan to address gross violations of 

2 internationally recognized human rights committed 

3 by civilian security forces and of the budgetary re4 sources of the Government of Afghanistan allotted to 

5 this effort; 

6 (2) a summary of criminal prosecutions under7 taken against corrupt or abusive civilian security 

8 forces during the reporting period and the disposi9 tion of such prosecutions; 

10 (3) a summary of— 

11 (A) assistance provided by the Department 

12 of State and the Department of Defense to sup13 port accountability for human rights abuses and 

14 corruption by civilian security forces; and 

15 (B) measures to mitigate civilian casualties 

16 in counterterrorism operations; and 

17 (4) a list of benchmarks that are being utilized 

18 to incentivize progress on accountability for corrup19 tion and gross violations of internationally recog20 nized human rights and the release of funds for on21 budget support, including through the Afghanistan 

22 Reconstruction Trust Fund, to security and other 

23 relevant ministries of the Government of Afghani24 stan. 

Æ 


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