Afghanistan: Issues for Congress and Legislation 2017-2020
Congressional research reportAug 19, 2020
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Afghanistan: Issues for Congress and
Legislation 2017-2020
Updated August 19, 2020
Congressional Research Service
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R45329
SUMMARY
Afghanistan: Issues for Congress and
Legislation 2017-2020
For nearly two decades, Congress has helped shape the U.S. approach to Afghanistan and the
ongoing conflict there. This product provides a summary of legislative proposals considered in
the 115th and 116th Congresses that relate to U.S. policy in Afghanistan. These address a number
of issues, including the following:
R45329
August 19, 2020
Clayton Thomas
Analyst in Middle Eastern
Affairs
The size of, and legal authorization for, the U.S. military presence in the country.
Executive branch transparency and regular reporting requirements.
The purposes for U.S. aid, and conditions under which it can be obligated.
The role of women in Afghan society, government, and the military.
While Pakistan is a key player in the Afghan conflict, this report does not discuss measures primarily related to Pakistan,
though many such proposals reference the war in Afghanistan. This report also does not include legislative proposals related
to special immigrant visas for Afghan nationals who work for or on behalf of the U.S. government in Afghanistan. For more
on that program, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs, by Andorra Bruno.
For more information on U.S. policy in Afghanistan, see CRS Report R45818, Afghanistan: Background and U.S. Policy and
CRS Report R45122, Afghanistan: Background and U.S. Policy In Brief .
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Afghanistan: Issues for Congress and Legislation 2017-2020
Contents
Overview: U.S. Policy in Afghanistan, 2001-Present ..................................................................... 1
Trump Administration Policy .................................................................................................... 2
Areas of Congressional Engagement on Afghanistan ..................................................................... 3
U.S. Military Presence .............................................................................................................. 4
Authorization for Use of Military Force ................................................................................... 5
Reporting and Oversight ........................................................................................................... 5
Aid Directives and Conditionality............................................................................................. 6
Executive Branch Transparency ................................................................................................ 7
Status of Afghan Women and Girls ........................................................................................... 8
Tables
Table 1. Proposed Legislation on Afghanistan in the 116th Congress as of July 2020 .................... 9
Table 2. Proposed Legislation on Afghanistan in the 115th Congress............................................ 22
Table 3. U.S. Assistance to Afghanistan ........................................................................................ 36
Contacts
Author Information........................................................................................................................ 38
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Afghanistan: Issues for Congress and Legislation 2017-2020
Overview: U.S. Policy in Afghanistan, 2001-Present
Afghanistan has been a central U.S. foreign policy concern since American forces, in the wake of
the attacks on September 11, 2001, helped lead a military campaign against Al Qaeda and the
Taliban government that harbored it. Since then, the United States, along with NATO and other
international partners, has deployed hundreds of thousands of troops and provided tens of billions
of dollars in foreign assistance to Afghanistan. The overarching goal of these efforts has been to
support the elected Afghan government and bolster its security forces against a resilient
insurgency by the Taliban and others, including (since 2014) an active affiliate of the Islamic
State (IS-Khorasan Province, also known as ISKP or ISIS-K).
After a coalition of armed opposition groups known as the Northern Alliance drove the Taliban
government out of the capital, Kabul, with the help of American airpower and a small number of
U.S. special forces, the U.N. convened Afghan leaders in Bonn, Germany in December 2001 to
lay out a roadmap for the creation of a democratic government in Afghanistan. Taliban
representatives were not invited to participate in the meetings in Bonn. That conference
established an interim administration headed by Hamid Karzai, and called for a June 2002
emergency loya jirga (a traditional Afghan consultative assembly) that confirmed Karzai as
President of the Afghan Transitional Administration. Another loya jirga was convened in late
2003 to endorse a new constitution, which was ratified in January 2004. Afghanistan held its first
presidential election in October 2004, electing Karzai with 55% of the vote. The first
parliamentary elections followed in September 2005.
Sporadic Taliban attacks continued during this time, with U.S. intelligence collecting evidence of
an “organized Taliban revival” by early 2004.1 Under intense U.S. military pressure, most Al
Qaeda and Taliban fighters had fled into Pakistan, where they helped to inspire an Islamist
insurgency that would later drive the Pakistani state into full-scale crisis. As they battled Al
Qaeda and other Islamist militants at home, Pakistan’s security institutions aided the Afghan
Taliban, including by providing safe haven to much of its leadership, a legacy of Pakistan’s
formal recognition of the group from 1996 to 2001. By 2007, despite nascent democratic
development and improvements in most Afghans’ quality of life, the American effort in
Afghanistan, once described as “the good war,” appeared “off course,” with security
deteriorating, narcotics production increasing, and levels of Taliban violence steadily rising.2
In response, President Barack Obama increased the number of American forces (from
approximately 36,000 in 2009 to about 100,000 in 2011) as part of an effort to combat the Taliban
insurgency and increase the capacity of the Afghan government and security forces. Most security
metrics improved during the “surge,” but uncertainty rose as Afghan forces took the lead for
security nationwide (in mid-2013) amidst a steady drawdown of U.S. and international forces as
part of a planned withdrawal. That uncertainty was compounded by Afghanistan’s 2014
presidential election, which was marred by widespread allegations of fraud and was only resolved
with the creation of a fragile unity government formed after months of U.S. mediation. Still, the
NATO-led International Security Assistance Force (ISAF, 2003-2014) mission was replaced by
Resolute Support Mission (RSM, 2015-present)—a NATO-led campaign to train, advise, and
assist Afghan forces—at the end of 2014 as scheduled.
1 Steve Coll, Directorate S: The C.I.A. and America’s Secret Wars in Afghanistan and Pakistan (Penguin Press, 2018)
p. 199.
2 David Rohde and David E. Sanger, “How a ‘Good War’ in Afghanistan Went Bad,” New York Times, August 12,
2007.
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The killing of Taliban leader Mullah Mansour (successor to original leader Mullah Omar, who
died of natural causes in 2013) in a May 2016 U.S. airstrike in Pakistan demonstrated continued
Taliban vulnerabilities to U.S. military and intelligence capabilities. Meanwhile, the Taliban
expanded their control and influence in rural areas while pressuring urban centers (as evidenced
by their brief seizure of the provincial capital of Kunduz in 2015).
Trump Administration Policy
President Donald Trump expressed few policy positions on Afghanistan during the 2016
presidential campaign, though he had previously conveyed skepticism about the American effort
there. After months of debate within the Administration, President Trump announced a new
strategy for Afghanistan and South Asia in a nationwide address on August 21, 2017. The strategy
featured a tougher line against Pakistan and a larger role for India; no set timetables for policy
adjustments or personnel withdrawals; expanded targeting authorities for U.S. forces; and around
3,000 additional troops, bringing the total number of U.S. forces in the country to approximately
14,000-15,000.
President Trump, who criticized his predecessor’s use of “arbitrary timetables,” did not specify
which conditions might necessitate or allow for alterations to the strategy going forward.3 Some
characterized the Trump strategy as “short on details” and serving “only to perpetuate a
dangerous status quo.”4 Others welcomed the strategy, contrasting it favorably with proposed
alternatives such as a full withdrawal of U.S. forces—which President Trump described as his
“original instinct”—or a strategy that relied heavily on contractors.5 The strategy evidently did
not change security dynamics in the country over the following months, as U.S. officials
continued to describe the war as a stalemate.
In part due to the President’s reported frustration with the military situation, the Administration
authorized U.S. officials to seek out direct talks with the Taliban in July 2018.6 Those talks were
led after October 2018 by Special Representative for Afghanistan Reconciliation Zalmay
Khalilzad and represented a reversal of U.S. policy, which had previously encouraged
negotiations between Kabul and Taliban representatives. The Taliban have long refused to
negotiate with representatives of the Afghan government, which they characterize as a corrupt
and illegitimate puppet of foreign powers.7
On February 29, 2020, after more than a year of official negotiations between U.S. and Taliban
representatives, the two sides concluded an agreement laying the groundwork for the withdrawal
of U.S. armed forces from Afghanistan, and for talks between Kabul and the Taliban. As part of
the U.S.-Taliban agreement, which is about three and a half pages, the United States agreed to
draw down its forces from 13,000 to 8,600 within 135 days, with proportionate decreases in allied
force levels, and remove all U.S. forces in the country within 14 months (April 2021). Other U.S.
commitments included working to facilitate a prisoner exchange between the Taliban and the
3 The White House, Remarks by President Trump on the Strategy in Afghanistan and South Asia, August 21, 2017.
4 Rebecca Kheel, “Dems: Trump ‘has no strategy’ for Afghanistan,” The Hill, August 21, 2017.
5 Philip Rucker and Robert Costa, “‘It's a hard problem’: Inside Trump's decision to send more troops to
Afghanistan,” Washington Post, August 21, 2017. For more on one such proposal, see Tara Copp, “Here’s the blueprint
for Erik Prince’s $5 billion plan to privatize the Afghanistan war,” Military Times, September 5, 2018.
6 Mujib Mashal and Eric Schmitt, “White House Orders Direct Taliban Talks to Jump-Start Afghan Negotiations,” New
York Times, July 15, 2018.
7 “Letter of the Islamic Emirate to the American people!” February 14, 2018. Available at
http://apps.washingtonpost.com/g/documents/world/taliban-attempts-to-appeal-to-us-audience-in-new-letter/2770/.
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Afghan government and removing U.S. sanctions on Taliban members by August 27, 2020. The
sanctions removal is contingent upon the start of intra-Afghan negotiations. In exchange, the
Taliban committed to not allow members or other groups, including Al Qaeda, to use Afghan soil
to threaten the U.S. or its allies, including by preventing recruiting, training, and fundraising.
CENTCOM Commander General Kenneth McKenzie confirmed on June 18 that U.S. forces were
reduced to the 8,600 level nearly a month ahead of schedule.8 While U.S. officials continue to
describe the withdrawal as “conditions-based,” Administration officials have given conflicting
signals about the extent to which the U.S. withdrawal is contingent upon various developments,
arguably the most significant of these being the Taliban holding talks with Kabul.9 U.S. officials
have also differed on the extent to which the Taliban is fulfilling its counterterrorism
commitments with regard to Al Qaeda, with which the Taliban have long had close ties. Secretary
Pompeo said on July 1 that he had seen indications that the Taliban are actively combatting Al
Qaeda, while U.S. CENTCOM Commander General Kenneth McKenzie said on July 15 that
“right now, it is simply unclear to me that the Taliban has taken any positive steps” with regard to
Al Qaeda.10
While the U.S. withdrawal is proceeding as of July 2020, the intra-Afghan talks seen as necessary
to resolve the war in Afghanistan have not yet been held or scheduled amid a number of
complications including political disputes and a halting prisoner exchange. In a January 2019
televised address, Afghan President Ashraf Ghani warned that any agreement to withdraw U.S.
forces that did not include Kabul’s participation could lead to “catastrophe,” pointing to the
1990s-era civil strife following the fall of the Soviet-backed government that led to the rise of the
Taliban.11 Afghans opposed to the Taliban doubt the group’s trustworthiness, and express concern
that the group will have little incentive to comply with the terms of an agreement in the absence
of U.S. troops.12
Areas of Congressional Engagement on Afghanistan
In the decade before the September 11, 2001, terror attacks, Afghanistan was not a major focus of
congressional attention.13 Since then, Congress has taken an active role in shaping U.S. policy
toward Afghanistan. Major initiatives and areas of congressional interest are described below.
8 Robert Burns, “US has hit agreed troop-cut target of 8,600 in Afghanistan,” Associated Press, June 18, 2020.
9 In a February 27 briefing ahead of the agreement signing, one unnamed senior U.S. official said, “if the political
settlement fails, if the talks fail, there is nothing that obliges the United States to withdraw troops;” another said, “the
withdrawal timeline is related to counterterrorism, not political outcomes. Office of the Spokesperson, “Briefing with
Senior Administration Officials on Next Steps Toward an Agreement on Bringing Peace to Afghanistan,” U.S.
Department of State, February 29, 2020. Additionally, Deputy U.S. negotiator Molly Phee said in mid-February, “We
will not prejudge the outcome of intra-Afghan negotiations, but we are prepared to support whatever consensus the
Afghans are able to reach about their future political and governing arrangements.” Molly Phee, remarks at “Ending
Our Endless War in Afghanistan,” United States Institute of Peace, February 18, 2020.
10 U.S. Department of State, Secretary of State Michael R. Pompeo with Bret Baier of Fox News Special Report, July 1,
2020; Carla Babb, “VOA Exclusive: CENTCOM chief says US can do job in Iraq with fewer forces,” VOA, July 15,
2020.
11 Hasib Danish Alikozai and Mohammad Habibzada, “Afghans Worry as US Makes Progress in Taliban Talks,” Voice
of America, January 29, 2019.
12 Pamela Constable, “Afghans voice fears that the U.S. is undercutting them in deal with the Taliban,” Washington
Post, August 17, 2019.
13 Traditional levers of congressional influence, such as foreign aid, were limited or nonexistent in Afghanistan under
the five-year rule of the Taliban. The United States contributed tens of millions of dollars in humanitarian assistance to
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U.S. Military Presence14
For years, Members have introduced legislation to condition, limit, or end the U.S. military
presence in Afghanistan. While no such measure has ever passed either chamber, support for such
proposals in the House of Representatives generally grew from 2009 to 2014, the period in which
most such measures were introduced; for example:
House bills calling for a “responsible end to the war in Afghanistan” attracted 33
cosponsors in 2010 and 72 cosponsors in 2011;
A resolution directing the President to remove U.S. forces from Afghanistan
within 30 days pursuant to the War Powers Resolution gained 93 votes in 2011;
National Defense Authorization Act (NDAA) amendments that would have cut
off funding for U.S. operations (other than the withdrawal of U.S. forces)
attracted 113 and 153 votes in 2012 and 2014, respectively.15
Sporadic legislative efforts to curtail or terminate U.S. operations in Afghanistan have continued.
Introduced in the 115th Congress, H.R. 1666 would have prohibited funding for U.S. activities in
Afghanistan (other than U.S. Embassy operations or intelligence gathering) one year after
enactment, with a waiver available under certain conditions. In the 116th Congress, S.J.Res. 12,
the “AFGHAN Service Act,” was introduced in March 2019 and would, among other provisions,
require the removal of all U.S. forces from Afghanistan within a year of enactment. In July 2020,
the House voted 284-129 not to include an amendment to the National Defense Authorization Act
(NDAA, H.R. 6395) that would have mandated the removal of all U.S. troops within a year.
At the same time, some legislative efforts in the 116th Congress have shown support for continued
U.S. presence:
In February 2019, in reaction to reports that the Trump Administration was
contemplating a military drawdown in Afghanistan (perhaps as part of ongoing
U.S.-Taliban negotiations), the Senate passed S. 1, which includes language
(Section 408) warning against a “precipitous withdrawal” of U.S. forces from
Afghanistan (and Syria).
In April 2019, H.R. 2060, the “Ensuring a Secure Afghanistan Act,” was
introduced to, among other provisions, prohibit the use of funds to reduce the
number of U.S. forces below 10,000 unless the Director of National Intelligence
certifies to Congress that various conditions have been met, including the
Taliban’s disavowal of Al Qaeda and commitment to protect women’s rights.
A bipartisan group of Representatives introduced H.R. 7343, the Afghanistan
Partnership and Transparency Act, which would prohibit the Department of
Defense from using FY2020 or FY2021 funds to draw U.S. forces in Afghanistan
below either 8,000 or 5,000 (depending on certain circumstances). The Armed
Afghanistan before 2001, but without a U.S. diplomatic presence (the U.S. embassy was closed from 1989 to 2002),
that aid was administered by the U.N. and non-governmental organizations. “U.S. gives $43 million to Afghanistan,”
CNN, May 17, 2001. Congressional engagement was mostly limited to resolutions calling for the return of
representative government to Afghanistan (e.g., H.Con.Res. 414, S.Con.Res. 150), condemning the Taliban’s treatment
of women (e.g., S.Res. 68), and expressing concern for the human rights situation in the country (e.g., H.Con.Res. 156).
14 For a more general discussion of constitutional war powers provisions and Congress’s ability to shape or end military
operations, including historical examples, see CRS Report R41989, Congressional Authority to Limit Military
Operations, by Jennifer K. Elsea, Michael John Garcia, and Thomas J. Nicola.
15 Those measures, respectively, are: H.R. 6045, H.R. 780, H.Con.Res. 28, H.Amdt. 1103, and H.Amdt. 928.
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Services Committee voted on July 1, 2020, to include a version of the bill into
the FY2021 NDAA as Section 1213.
Authorization for Use of Military Force
U.S. military forces deployed to Afghanistan under the 2001 Authorization for Use of Military
Force (AUMF, P.L. 107-40), which allows the President “to use all necessary and appropriate
force against those nations, organizations, or persons he determines planned, authorized,
committed, or aided” the September 11, 2001 attacks as well as any entities that harbored them.
While the Taliban regime collapsed after about two months of major combat operations, U.S.
operations in Afghanistan against a resilient Taliban insurgency, residual Al Qaeda elements, and
the local Islamic State affiliate (which U.S. officials characterize as a legally permissible target
under the 2001 AUMF) continue under that resolution.
Some Members have proposed measures to repeal the 2001 AUMF or to replace it with a new
authorization that would alter the legal basis for U.S. military engagement in Afghanistan.16 At
least seven such replacements were introduced in the 115th Congress, all of which would have
authorized the use of military force against groups in Afghanistan, specifically including the
Taliban (which was not named in the 2001 AUMF).17 In the 116th Congress, several bills have
been introduced that would repeal the 2001 AUMF without replacement. On June 19, 2019, the
House passed H.R. 2740, an omnibus appropriations measure that includes the FY2020 Defense
Appropriations Act. Section 9025 of that act would repeal the 2001 AUMF without replacement
within 240 days of enactment; that provision was not maintained in the enacted FY2020 defense
appropriations measure. Similarly, Section 9028 of the FY2021 defense appropriations measure
passed by the House in July 2020 would repeal the 2001 AUMF within 240 days.
Reporting and Oversight
Congress has mandated a number of executive branch reports on Afghanistan, which remain
among the most detailed sources of information on U.S. efforts in the country. One of the most
significant congressional oversight actions was the 2008 establishment of a Special Inspector
General for Afghanistan Reconstruction (SIGAR), modeled in part on a similar office overseeing
reconstruction in Iraq.18 Congress directed that SIGAR publish quarterly reports detailing the
obligation and expenditure of funds appropriated for Afghan reconstruction. Congress also
required periodic audits and investigations of specific projects and funds.
The FY2008 NDAA added more reporting requirements. Section 1230 of the Act directed the
President, through the Department of Defense, to submit a biannual report on “Progress Toward
Security and Stability in Afghanistan.” The first report was submitted under that title in June
2009. In Section 1225 of the FY2015 NDAA, Congress required a report on “Enhancing Security
and Stability in Afghanistan,” among other reporting requirements, and biannual reports have
been submitted under that title since June 2015 (most recently on July 12, 2019). Sections 1231
and 1531 of the FY2016 NDAA and FY2017 NDAA, respectively, mandated additional
categories of information to be included in these reports (often referred to as “Section 1225
16 For more, see CRS Report R43983, 2001 Authorization for Use of Military Force: Issues Concerning Its Continued
Application, by Matthew C. Weed.
17 For a list of these resolutions, see CRS Report R45329, Afghanistan: Issues for Congress and Legislation 2017-2019,
by Clayton Thomas.
18 SIGAR was established by Section 1229 of the FY2008 National Defense Authorization Act (P.L. 110-181). The
FY2008 NDAA stipulates that SIGAR will be terminated 180 days after unexpended funds for reconstruction in
Afghanistan reach less than $250 million.
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reports”). Congress also has regularly mandated the submission of one-time reports on specific
issues in appropriations and defense authorization bills. Individual report directives proposed and
included in legislation can be found below.
Aid Directives and Conditionality
Congress has appropriated more than $137 billion for reconstruction and related activities in
Afghanistan since FY2002, according to the most recent (April 2020) SIGAR quarterly report.
During Hamid Karzai’s presidency (2004-2014), the United States and other international donors
“increasingly sought to condition assistance funds for Afghanistan…as a result of inadequate
reforms.”19 A 2014 report by majority staff of the Senate Foreign Relations Committee
also recommended that “a higher proportion of U.S. assistance should be conditioned based on
specific reforms by the Afghan government.”20
Congress has imposed directives and conditions on the use of both security and
development assistance to Afghanistan (e.g., Economic Support Fund, ESF, and International
Narcotics Control and Law Enforcement, INCLE) for years. Most of those statutory conditions
have been enacted through appropriations measures. Echoing provisions from prior years, the
FY2019 omnibus appropriations bill (H.J.Res 31) prohibits the use of funds for activities that
involve individuals suspected of participating in corruption, narcotics trafficking, or human rights
violations. The House Appropriations Committee-passed FY2019 State, Foreign Operations, and
Related Programs appropriations bill (H.R. 6385) would have required the Secretary of State to
certify that the Afghan government is governing democratically, protecting women's rights, and
publicly reporting its national budget (among other conditions) before obligating funds; that
provision was not included in the final FY2019 Consolidated Appropriations Act (P.L. 116-6).
There are a number of additional conditions on U.S. assistance applicable but not specific to
Afghanistan, such as the Leahy Laws (10 USC 362) prohibiting security assistance to foreign
security forces that have committed a gross violation of human rights.21 According to media
accounts, as well as a 2017 SIGAR report, some Afghan forces may have committed such
violations.22 Section 9022 of the FY2018 Defense Appropriations Act (Division C of P.L. 115141) allows the use of funds to assist Afghan forces that would otherwise be prohibited from
receiving U.S. assistance due to the Leahy Laws if the Secretary of Defense certifies to Congress
that denial of such assistance would undermine U.S. national security and that the Afghan
government is taking corrective steps. (The latter provision aligns with a measure in the Leahy
Laws enabling the Department of Defense (DOD) to provide assistance that would otherwise be
withheld if the Secretary of Defense determines that the government in question “has taken all
necessary corrective steps” in response to abuse allegations.) That provision has been maintained,
most recently in the FY2020 Defense Appropriations Act (P.L. 116-93) as Section 9021.
19 Trent Ruder, “Donor Aid Challenges in Shaping Incentive Programs and Spurring Afghan Reform,” United States
Institute of Peace, November 2014.
20 “Afghanistan in Transition: U.S. Civilian Presence and Assistance post-2014,” Committee on Foreign Relations,
United States Senate, October 27, 2014. The July 2015 SIGAR quarterly report contains a lengthy treatment of the
benefits, limitations, and challenges of aid conditionality.
21 See CRS In Focus IF10575, Human Rights Issues: Security Forces Vetting (“Leahy Laws”), by Liana W. Rosen.
22 Joseph Goldstein, “U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies,” New York Times,
September 20, 2015; “Child Sexual Assault in Afghanistan: Implementation of the Leahy Laws and Reports of Assault
by Afghan Security Forces,” SIGAR, June 2017. The SIGAR report was declassified in January 2018.
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U.S. spending, both in general as well as on specific projects, has also been the subject of
multiple congressional hearings. For information on the Trump Administration’s budget requests
and congressional action on U.S. funding levels in Afghanistan, see Table 3.
Executive Branch Transparency
In both legislation and public statements, some Members have expressed concern over the decline
in the types and amount of information provided by the executive branch, including once-publicly
available information related to Afghan military performance. John Sopko, the Special Inspector
General for Afghanistan Reconstruction, said in an April 2019 interview, “What we are finding is
now almost every indicia, metric for success or failure is now classified or nonexistent. Over time
it’s been classified or it’s no longer being collected” and that “the classification in some areas is
needless.”23 This trend began years earlier. In October 2017, SIGAR reported that “in a
significant development,” U.S. officials “classified or otherwise restricted information” SIGAR
had previously reported. That information includes metrics such as casualty rates, personnel
strength, and attrition of Afghan forces. Administration officials cited a request from the Afghan
government as justification for the 2017 decision.24 After similar amendments in prior years were
not made in order, an amendment requiring the Secretary of Defense to make public all
previously released metrics related to the war and Afghan military performance, known as the
Afghanistan Security and Reconstruction Act, was adopted as Section 1299S in the House-passed
FY2021 NDAA (H.R. 6395).
U.S. troop levels are another area of congressional interest, particularly since the Trump
Administration decision to withhold information about troop deployments in Afghanistan and
other conflict zones starting in December 2017. President Trump had previously declared, “we
will not talk about numbers of troops or our plans for further military activities.”25 Some
Members of Congress have since engaged with Administration officials at hearings, written
letters to Administration officials, and introduced legislative measures to require the Secretary of
Defense to rescind the decision to withhold troop numbers, but as of July 2020 the Defense
Manpower Data Center quarterly reports still lack data for Afghanistan (as well as Syria and
Iraq).26
Concern among some Members regarding executive branch transparency extends beyond warrelated data to U.S.-Taliban negotiations. In a March 2019 hearing, some Members pressed
Secretary of State Pompeo to confirm that Special Representative for Afghanistan Reconciliation
Khalilzad would brief the House Foreign Affairs Committee on U.S.-Taliban negotiations, as
requested by Committee Chairman Eliot Engel and Ranking Member Michael McCaul in
February. Pompeo refused to commit, citing the sensitivity of ongoing talks and the need “to
make sure that the contents of those negotiations remain in a very small circle.”27 Some Members
of the Committee then wrote a letter to Secretary Pompeo in April 2019, describing Pompeo’s
refusal to commit to a briefing from Khalilzad as “unacceptable” and “perplexing in light of the
fact that [Khalilzad] has engaged in a number of on-the-record interactions that outline the
23 Katie Bo Williams, “It’s Getting Harder to Track US Progress in Afghanistan.” Defense One, April 24, 2019.
24 Merrit Kennedy, “U.S. Military Withholds Key Measures Of Afghan War,” NPR, October 31, 2017.
25 Remarks by President Trump on the Strategy in Afghanistan and South Asia, The White House, August 21, 2017.
26 David Welna, “Pentagon Questioned Over Blackout On War Zone Troop Numbers,” NPR, July 3, 2018; see also
House Rules Committee Amendment 255 to H.R. 5515, submitted May 21, 2018 (not made in order).
27 House Foreign Affairs Committee Holds Hearing on U.S. Foreign Policy and the State Department Fiscal 2020
Budget Request, CQ Transcripts, March 27, 2019.
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parameters of these negotiations.”28 Reports accompanying FY2021 appropriations legislation in
the House direct the Administration to submit regular reports on the status of intra-Afghan
negotiations and on the Taliban’s adherence to the February 29, 2020, U.S.-Taliban agreement.
Status of Afghan Women and Girls
The plight of women and girls in Afghanistan has attracted significant congressional attention,
particularly in light of the February 2020 U.S.-Taliban agreement and ongoing U.S. military
withdrawal, which some observers warn could lead to a political arrangement in which women’s
rights could be compromised. The treatment of women under the Taliban, who effectively “forced
Afghan women to disappear entirely from public view” during their rule, attracted nearly
universal condemnation from the international community; one prominent scholar attributes the
turnaround in U.S. policy toward the Taliban in the late 1990s to domestic backlash over the
issue.29 Improving conditions for Afghan women was an integral objective of U.S. development
efforts from the outset, as evidenced by the 2001 Afghan Women and Children Relief Act (P.L.
107-81), which authorized education and health assistance for Afghan women and required
biannual reporting on those activities. Various congressional subcommittees have held hearings
related to Afghan women.
Some Members appear to have become more engaged on Afghan women’s rights since 2018,
when the U.S. began talks with the Taliban, who have reportedly given unclear and contradictory
signs about their current stance, proceed.30 After three Senators sent letters on the issue to
Secretary of State Pompeo in February 2019, 77 Representatives wrote to Pompeo in June 2019
to urge him to ensure that women are included in peace talks and that any potential settlement
protects their rights, consistent with the requirements of the Women Peace and Security Act of
2017 (P.L. 115-68).31 In July 2019, several of the signatories of that House letter introduced the
Afghan Women’s Inclusion in Negotiations Act (H.R. 4097), which would, among other
provisions, require the submission of regular reports on the participation of women in peace talks
and of an executive branch strategy to protect women’s rights after an agreement is reached.
FY2020 authorizing and appropriating legislation contains directives that the Secretary of State
ensure the “meaningful participation” of Afghan women in intra-Afghan negotiations.
Additionally, Congress has regularly set aside a portion of the Department of Defenseadministered Afghanistan Security Forces Fund (ASFF) for the recruitment and retention of
women in the force.
28 “House Foreign Affairs Committee Democrats Demand State Department Transparency on Afghanistan,”
Representative Eliot Engel, April 8, 2019.
29 Ahmed Rashid, Taliban: Militant Islam, Oil, and Fundamentalism in Central Asia (Yale University Press, 2000), pp.
105, 176-182.
30 Ben Farmer, “Taliban say women’s rights to be protected under Islam, but must not threaten Afghan values,”
Telegraph, February 5, 2019; Masuda Sultan, “I Met the Taliban. Women Were the First to Speak,” New York Times,
June 4, 2019.
31 See the text of the letter at https://frankel.house.gov/uploadedfiles/afghan_women_letter_final_6.6.19.pdf.
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Table 1. Proposed Legislation on Afghanistan in the 116th Congress as of July 2020
Chronologically ordered by date of introduction
Bill Number
Sponsor
Summary
Status
Resolutions and Stand–alone Legislation
H.R. 324
Rep. Lee (D-CA)
No More Ghost Money Act – would prohibit payments from U.S. employees
to foreign officials for the purposes of bribery or coercion; would also require
within 180 days of enactment the submission of a report from the Director of the
CIA on all monetary payments made by the CIA to Afghan officials since
September 11, 2001.
Introduced in the House on
1/8/2019 and referred to the
Committee on Intelligence
(Permanent Select) and the
Committee on Oversight
and Reform
S.Amdt. 65 to S. 1
Sen. McConnell (R-KY)
Sense of the Senate on Withdrawals of United States Forces from
Syria and Afghanistan – found that, among other findings, Iran has supported
the Taliban; warned against “a precipitous withdrawal” of U.S. forces;
acknowledged Special Representative Khalilzad’s efforts; and called upon the
Administration to “certify that conditions have been met for the enduring defeat
of Al Qaeda and ISIS” before withdrawing U.S. forces from Afghanistan.
Introduced in the Senate
1/29/2019; amendment, as
amended, agreed to in
Senate by 70-26 vote on
2/4/2019
S. 1 passed by Senate 77-23
on 2/5/2019
S.J.Res. 12
Sen. Paul (R-KY)
AFGHAN Service Act – would require the Secretary of Defense to formulate,
within 45 days of enactment, a plan for military withdrawal from Afghanistan;
require the removal of all U.S. armed forces from Afghanistan within a year of
enactment; award all military personnel deployed in support of the “Global War
on Terror” with a $2,500 bonus; and repeal the 2001 AUMF (P.L. 107-40).
Introduced in the Senate on
3/4/2019 and referred to the
Committee on Foreign
Relations
H.R. 2060
Rep. Banks (R-IN)
Ensuring a Secure Afghanistan Act – would require the Secretary of State to
provide monthly briefings on the status of U.S.-Taliban talks to the foreign affairs,
armed services, and intelligence committees of both chambers; would also
prohibit the use of funds to reduce U.S. forces in Afghanistan below 10,000 unless
the Director of National Intelligence certifies that the Taliban have met a number
of conditions, including severing all ties with Al Qaeda, recognizing the Afghan
constitution, and committing to uphold women’s rights.
Introduced in the House on
4/3/2019 and referred to the
Committee on Armed
Services and the Committee
on Foreign Affairs
H.R. 4097
Rep. Keating (D-MA)
Afghan Women’s Inclusion in Negotiations Act – would express the sense
of Congress that representatives of Afghan women should be part of U.S.-Taliban
negotiations; require the Secretary of State to submit a report within 30 days of
the conclusion of each round of Afghan peace negotiations including information
on the participation of Afghan women in those talks; and require the Secretary of
Introduced in the House on
7/30/2019 and referred to
the Subcommittee on Asia,
the Pacific and
Nonproliferation on
10/08/2019
CRS-9
Bill Number
Sponsor
Summary
Status
State to submit within 120 days of a final settlement agreement a strategy for
post-conflict U.S. support for Afghan women.
S.Res. 344
Sen. Shaheen (D-NH)
A resolution expressing support for a credible, inclusive, and transparent
presidential election in Afghanistan on September 28, 2019.
Introduced in the Senate on
9/26/2019 and referred to
the Committee on Foreign
Relations
S.J.Res. 59
Sen. McConnell (R-KY)
A joint resolution expressing the sense of Congress on the precipitous
withdrawal of United States Armed Forces from Syria and Afghanistan, and
Turkey's unprovoked incursion into Syria.
Introduced in the Senate
10/22/2019 and placed on
Senate Legislative Calendar
under General Orders.
Calendar No. 259
S. 2953
Sen. Menendez (D-NJ)
Ensuring a Durable Afghanistan Peace Act of 2019 – would direct the
Secretary of State to submit to certain congressional committees the text of any
agreement with the Taliban within 30 days of such an agreement; would direct
the Secretary of Defense to submit within 60 days of an agreement an assessment
of Taliban compliance and whether the Taliban have broken with Al Qaeda; and
would direct the President to submit within 180 days of an agreement (and at
least every 180 days thereafter) a report on Taliban compliance, the status of
human rights in Afghanistan, and other dynamics.
Introduced in the Senate on
11/21/2019 and referred to
the Committee on Foreign
Relations
H.R. 6908
Rep. Lynch (D-MA)
Afghanistan Security and Reconstruction Transparency Act – would
require the Department of Defense to release publicly a number of recently
classified metrics related to the war in Afghanistan and the performance of
Afghan government forces.
Introduced in the House on
5/15/2020 and referred to
the Committee on Armed
Services and the Committee
on Foreign Affairs
Incorporated in H.R. 6395 as
Sec. 1299S
H.R. 7343
Rep. Crow (D-CO)
Afghanistan Partnership and Transparency Act – would prohibit the
obligation of DOD funds authorized to be appropriated for FY2020 or FY2021 to
reduce the number of U.S. armed forces in Afghanistan below the lesser of either
8,000 or the total number of forces on the date of enactment, or to reduce the
number of U.S. armed forces in Afghanistan below 5,000, until the submission of a
report by the Secretary of Defense (in concurrence with other specified senior
U.S. officials) on the impact of a U.S. withdrawal from Afghanistan and
certification that such a withdrawal will not harm U.S. national security interests,
Introduced in the House on
6/25/2020.
Similar provisions
incorporated in H.R. 6395 as
Section 1213
CRS-10
Bill Number
Sponsor
Summary
Status
among other conditions. Secretary of Defense may waive that limitation with
written justification to Congress.
National Defense Authorization Act for Fiscal Year 2021
House NDAA: HR 6395
H.R. 6395
Rep. Smith (D-WA)
Sec. 1211 – would extend, for one year, authority to provide Coalition Support
Funds for U.S. military operations and decrease the amount authorized to $180
million.
Sec. 1213 – would prohibit the obligation of DOD funds authorized to be
appropriated for FY2020 or FY2021 to reduce the number of U.S. armed forces
in Afghanistan below the lesser of either 8,000 or the total number of forces on
the date of enactment, or to reduce the number of U.S. armed forces in
Afghanistan below 4,000, until the submission of a report by the Secretary of
Defense (in concurrence with other specified senior U.S. officials) on the impact
of a U.S. withdrawal from Afghanistan and certification that such a withdrawal will
not harm U.S. national security interests, among other conditions. Secretary of
Defense may waive that limitation with written justification to Congress.
Sec. 1214 – would require within 90 days of enactment a report to the
congressional armed services committees on the costs of Operation Freedom’s
Sentinel, including specific direct war costs and the cost of activities in and
outside of Afghanistan
Sec. 1521 – would direct that a goal of $29.1 million (and at least $10 million) of
ASFF be used for recruitment and retention of women in the Afghan security
forces; mandate a DOD assessment within 180 days of Afghan progress toward
security objectives and efforts to manage and sustain equipment; direct the
Secretary of Defense to withhold $401.5 million in assistance to the government
of Afghanistan if the Department determines that it has made insufficient progress
(subject to national security waiver authority); and authorize the Secretary to
accept materiel procured with ASFF that is intended for but not accepted by the
ANDSF (subject to certain conditions and reporting requirements).
Introduced in the House
03/29/2020; reported by the
House Armed Services
Committee, 7/9/2020
(H.Rept. 116-442); passed by
the Yeas and Nays: 295 125 (Roll no. 152)
Sec. 1213 approved in
Committee on Armed
Services Roll Call Vote No.
10, 45-11
H.R. 6395
Rep. Clarke (D-NY)
House Rules Committee Amendment 24 – would require the Secretary of
Defense to notify Congress within seven days of becoming aware of bounties paid
by a foreign country in connection with attacks on U.S. troops, including in
Afghanistan.
Not made in order
CRS-11
Bill Number
Sponsor
Summary
Status
H.R. 6395
Rep. Yoho (R-FL)
House Rules Committee Amendment 106 – would require a report within
180 days (and annually thereafter) on civilian casualties caused by the Taliban and
ANDSF.
Made in order as
Amendment 399 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section
1218
H.R. 6395
Rep. Davidson (R-OH)
House Rules Committee Amendment 108 – would cut ASFF by half ($1.76
billion) and cut FY2020 Overseas Contingency Operations funding for Operation
Freedom’s Sentinel by half.
Not made in order
H.R. 6395
Rep. Lynch (D-MA)
House Rules Committee Amendment 156 – would reauthorize the
Commission on Wartime Contracting.
Made in order as
Amendment 237 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section 849
H.R. 6395
Rep. Biggs (R-AZ)
House Rules Committee Amendment 199 – would repeal the 2001 AUMF;
require a plan within 45 days of enactment for the orderly withdrawal of U.S.
forces from Afghanistan within one year; and would direct the Secretary of
Defense to provide $2,500 “bonus” to all U.S. armed service personnel who
deployed in support of the Global War on Terror.
Not made in order
H.R. 6395
Rep. Brooks (R-AL)
House Rules Committee Amendment 270 – would prohibit the use of
funds to support U.S. armed forces or other DOD employees in Afghanistan
after May 31, 2021, except for diplomatic security.
Not made in order
H.R. 6395
Rep. Lynch (D-MA)
House Rules Committee Amendment 273 – would require the Secretary
of Defense to make public within 90 days of enactment various metrics related to
ANDSF performance and district-level stability assessments.
Made in order as
Amendment 238 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section
1299S
CRS-12
Bill Number
Sponsor
Summary
Status
H.R. 6395
Rep. Johnson (R-LA)
House Rules Committee Amendment 600 – would allow ASFF programs
to include materials related to the advancement of women and religious
minorities
Not made in order
H.R. 6395
Rep. Johnson (R-LA)
House Rules Committee Amendment 605 – would add to the report
required by Sec. 1521 an assessment of the extent to which the Afghan
government has prioritized human rights and promoted religious freedom.
Made in order as
Amendment 190 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section
1251(N) and (O)
H.R. 6395
Rep. Omar (D-MN)
House Rules Committee Amendment 614 – would strike Sec. 1213 and set
as U.S. policy the “accelerated transition” of U.S. combat operations to the
Afghan government by April 29, 2021; and would express the sense of Congress
that if the President determines that U.S. military presence after April 2021 is
necessary, Congress should authorize such a mission by a separate vote before
October 7, 2021.
Made in order as
Amendment 5 (H.Rept. 116457)
Failed 129-284 on 07/21/20
(Roll Call number 144)
H.R. 6395
Rep. Keating (D-A)
House Rules Committee Amendment 626 – would direct the Secretary of
State to submit within 120 days of a final Afghan reconciliation agreement a
strategy for post-conflict U.S. engagement in Afghanistan to promote women’s
rights.
Made in order as
Amendment 194 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section
1216
H.R. 6395
Rep. Malinowski (D-NJ)
House Rules Committee Amendment 636 – would require the President
to submit within 90 days of enactment (and every 120 days thereafter) a report
verifying the U.S.-Taliban agreement is being honored.
Made in order as
Amendment 241 (H.Rept.
116-457)
Adopted by voice vote as
part of amendments en bloc
no. 2 (Smith) on 7/20/2020
Incorporated as Section
1217
CRS-13
Bill Number
Sponsor
Summary
Status
H.R. 6395
Rep. Keating (D-MA)
House Rules Committee Amendment 643 – would establish immunity from
seizure under judicial process for culturally significant objects temporarily loaned
from Afghanistan to US institutions, under specified conditions.
Made in order as
Amendment 28 (H.Rept.
116-457)
Adopted as part of
amendments en bloc no. 1
(Smith) by Yea-Nay Vote
336-71 on 7/20/2020
Incorporated as Section
1215
H.R. 6395
Rep. Gabbard (D-HI)
House Rules Committee Amendment 725 – would strike Sec. 1213.
Not made in order
Senate NDAA: S. 4049
S. 4049
Sen. Inhofe (R-OK)
Sec. 1211 – would extend, for one year, authority to provide Coalition Support
Funds for U.S. military operations and decrease the amount authorized to $180
million.
Sec. 1212 – would extend authorization for the Commander’s Emergency
Response Program (CERP) at $2 million.
Sec. 1213 – would extend and modify authority to provide support for
reconciliation activities of which the Afghan government is a part, and would
prohibit obligations in support of such until submission of the report required by
(b) in P.L. 116-92.
Sec. 1215 – would require report by September 1, 2020 on external threats
from Afghanistan, U.S. citizens detained in Afghanistan, plans for the transition of
all U.S.-led security activities to Afghan forces, and other matters.
Sec. 1531 – would authorize ASFF through FY2021; would direct the Secretary
of Defense to report to Congress on the Afghan government’s anticorruption
measures and ANDSF development; would direct the Secretary to withhold
between 5% and 15% of funds for the ANDSF in the event of insufficient
progress, subject to national security waiver.
Sec. 1532 – would transfer SIGAR responsibilities, authorities, and activities to
the lead Inspector General for Operation Freedom’s Sentinel.
Introduced in the Senate on
6/23/2020
Passed Senate with an
amendment by Yea-Nay
Vote 86 - 14 (Record Vote
Number: 140) 7/23/2020
S.Amdt. 1704 to S.
4049
Sen. Menendez (D-NJ)
Senate Amendment 1704– would direct the Secretary of State to submit
within 90 days of enactment, and every 120 days thereafter, a report on Taliban
compliance with the February 29, 2020, U.S.-Taliban agreement.
Submitted 6/24/2020
CRS-14
Bill Number
Sponsor
Summary
Status
S.Amdt. 1961 to S.
4049
Sen. Menendez (D-NJ)
Senate Amendment 1961 – alteration of S.Amdt. 1704 (above).
Submitted 6/25/2020
S.Amdt. 2011 to S.
4049
Sen. Paul (R-KY)
Senate Amendment 2011 – would require the Secretary of Defense to
formulate, within 45 days of enactment, a plan for military withdrawal from
Afghanistan; require the removal of all U.S. armed forces from Afghanistan within
a year of enactment; award all military personnel deployed in support of the
“Global War on Terror” with a $2,500 bonus; and repeal the 2001 AUMF (P.L.
107-40).
Motion to table agreed to in
Senate 60-33 on 7/1/2020
(Record Vote Number 129)
S.Amdt. 2165 to S.
4049
Sen. Thune (R-SD)
Senate Amendment 2165 – would prohibit the use of funds to transfer or
release any detainees held at United States Naval Station Guantanamo Bay in
connection with the U.S.-Taliban agreement.
Submitted 6/25/2020
FY2021 Defense Appropriations
House Defense Appropriations: H.R. 7617
H.R. 7617
CRS-15
Rep. Visclosky (D-IN)
Sec. 9003 - would allow obligation of administrative costs for ASFF-funded
construction projects at the time that the contract is awarded.
Sec. 9005 – would reauthorize CERP at $2 million.
Sec. 9006 – would allow DOD funds to provide supplies and support to allied
forces participating in operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds for the purpose of providing for the
permanent stationing of U.S. troops in Afghanistan (as well as Iraq).
Sec. 9009 – would prohibit the obligation of ASFF funds prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight Council at
DOD.
Sec. 9012 – would prohibit the use of ASFF to procure man-portable air defense
systems
Sec. 9020 – would prohibit the transfer of C-130s to Afghanistan.
Sec. 9021 – would allow the use of ASFF funds for Afghan forces that would
otherwise be prohibited by 10 USC 362 (“Leahy Law”) if the Secretary certifies
that doing so is in U.S. national security interests.
Sec. 9022 – would only allow funding for Taliban participation in reconciliation
activities that do not restrict the participation of women.
Introduced and reported by
the House Appropriations
Committee, 7/16/2020
Passed/agreed to in House
by the Yeas and Nays: 217 197 (Roll no. 178)
07/31/2020
Bill Number
H.Rept. 116-453
accompanying H.R.
7617
Sponsor
Rep. Visclosky (D-IN)
Summary
Status
CERP – the Committee directs the Secretary of Defense to transition CERP
programs to the Afghan government or other U.S. government agencies and to
phase out the program during FY2021
Reports – the Committee directs the submission of two reports within 30 days:
1. The current conditions of the conflict in Afghanistan, including Taliban
compliance with the February 29, 2020, agreement
2. Russia’s malign activities in Afghanistan, including any directed against
U.S. forces
FY2021 State Department, Foreign Operations, and Related Programs (SFOPS) Appropriations
House SFOPS Appropriations: H.R. 7608
H.R. 7608
Rep. Lowey (D-NY)
Sec. 7044 – would make funds available for reconciliation and reintegration
activities and for an endowment to empower Afghan women and girls; would
prohibit the use of funds to enter into permanent basing agreement with the
Afghan government; and would direct the Secretary of State to submit within 45
days a comprehensive, multi-year strategy for diplomatic and development
engagement with Afghanistan.
H.Rept. 116-444
accompanying H.R.
7608
Rep. Lowey (D-NY)
Reports – the Committee directs the submission of two reports within 30 days
(and every 90 days thereafter):
1. The number of personnel in Afghanistan under COM authority.
2. The status of intra-Afghan peace negotiations.
Introduced and reported by
the Committee on
Appropriations 7/13/2020
Passed/agreed to in House
by the Yeas and Nays: 224 189 (Roll no. 166)
07/24/2020
House NDAA: H.R. 2500
H.R. 2500
CRS-16
Rep. Smith (D-WA)
Sec. 1211 – would extend, for one year, authority to provide Coalition Support
Funds for U.S. military operations and increase the amount authorized by $100
million, to $450 million.
Sec 1213 – would extend, for two years, authority to transfer defense articles
and provide defense services to Afghan forces.
Sec 1214 – would extend authority to acquire products produced in countries
along Afghan supply routes and add a requirement to report on the use of that
authority by March 1, 2020.
Reported by the House
Armed Services Committee,
6/19/2019
Passed by the House 220197 on 7/12/2019
Bill Number
Sponsor
Summary
Status
Sec 1215 – would authorize $5 million for ex gratia payments for Afghanistan
and other theaters.
Sec 1216 – would extend a semiannual DOD reporting requirement.
Sec 1521 – would direct that up to $45 million (and at least $10 million) of ASFF
be used for recruitment and retention of women in the Afghan security forces;
mandate a DOD assessment of Afghan progress toward security objectives and
efforts to manage and sustain equipment by June 2020; and direct the Secretary
of Defense to withhold $480 million in assistance to the government of
Afghanistan if the Department determines that it has made insufficient progress
(subject to national security waiver authority).
H.R. 2500
Rep Lynch (D-MA)
House Rules Committee Amendment 429 – would require DOD to make
public data related to Afghanistan, including ANDSF casualty figures.
Not made in order by the
Rules Committee
H.R. 2500
Rep. Keating (D-MA)
House Rules Committee Amendment 471 – would direct the Secretary of
Defense to guarantee the meaningful participation of Afghan women in the peace
process.
Made in order
Incorporated into the bill as
Sec. 1218
H.R. 2500
Rep. Welch (D-VT)
House Rules Committee Amendment 583 – would add to the semiannual
DOD report on Afghanistan a requirement to include information on monitoring
and evaluation measures related to ASFF.
Made in order
Incorporated into the bill as
Sec. 1216(2)
H.R. 2500
Rep. Welch (D-VT)
House Rules Committee Amendment 584 – would require the
Administration to submit with its FY2021 budget request the amount of
government-to-government funding provided for the ANDSF in FY2019 and
FY2020, and to explain any difference between the two.
Made in order
Incorporated into the bill as
Sec. 1521(e)
H.R. 2500
Rep. Davidson (R-OH)
House Rules Committee Amendment 587 – would cut ASFF by half ($2.25
billion) and cut FY2020 Overseas Contingency Operations funding for Operation
Freedom’s Sentinel by half.
Not made in order
H.Rept. 116-120
accompanying H.R.
2500
Rep. Smith (D-WA)
Briefing on Afghanistan Reconciliation – directs the Secretary of Defense to
provide a briefing to the House Armed Services Committee by October 1, 2019
on the status of U.S.-Taliban talks.
As reported by the House
Armed Services Committee
on 6/19/2019
Senate NDAA: S. 1790
S. 1790
CRS-17
Sen. Inhofe (R-OK)
Sec. 804 – would extend, for two years, authority to acquire products produced
in countries along Afghan supply routes.
Sec. 1211 – would extend, for one year, authority to transfer defense articles
and provide defense services to Afghan forces.
Reported to the Senate by
the Senate Armed Services
Committee on 6/11/2019
Bill Number
Sponsor
Summary
Status
Sec. 1212 – would direct that up to $45 million (and at least $10 million) of
ASFF be used for recruitment and retention of women in the Afghan security
forces; would mandate a DOD assessment within 90 days of Afghan progress.
Sec.1213 – would reauthorize the Commander’s Emergence Response Program
(CERP).
Sec. 1214 – would extend, for one year, authority to provide Coalition Support
Funds to Afghanistan operations.
Sec.1215 – would authorize $15 million to be provided for persons or entities
within Afghanistan (or Pakistan if notified) for reconciliation support activities led
by the Afghan government
Passed by the Senate 86-8
on 6/27/2019
Before passage, amount of
funding directed in Section
1212 was reduced from $45
million to $25 million and
rule of construction added
to Section 1215
S. 1790, S.Amdt.
267
Sen. Shaheen (D-NH)
Senate Amendment 267 – would direct the Secretary of State to ensure the
meaningful participation of women in the Afghan peace process.
Submitted on 6/12/2019
S. 1790, S.Amdt.
403
Sen. Bennett (D-CO)
Senate Amendment 403 – would add reporting requirements to semiannual
DOD reports.
Submitted on 6/13/2019
S. 1790, S.Amdt.
646
Sen. Shaheen (D-NH)
Senate Amendment 646 – alteration of S.Amdt. 267 (above)
Submitted on 6/18/2019;
included as Sec. 6215 as
passed by the Senate
S. 1790, S.Amdt.
673
Sen. Bennett (D-CO)
Senate Amendment 673 – alteration of S.Amdt. 403 (above)
Submitted on 6/18/2019;
included as Sec. 6217 as
passed by Senate
S. 1790, S.Amdt.
720
Sen. Paul (R-KY)
Senate Amendment 720 – would withdraw U.S. forces from Afghanistan
(same as Afghan SERVICE Act, S.J.Res. 12, above).
Submitted 6/18/2019
Final NDAA (P.L. 116-92)
S. 1790
CRS-18
Sen. Inhofe (R-OK)
Sec. 1208 – reauthorizes CERP at $2.5 million; eliminates authority for
payments to redress injury and loss in Afghanistan (and other countries)
Sec. 1210A – authorizes DOD to provide support for State Department- and
USAID-administered stabilization activities in Afghanistan (and three other
countries)
Sec. 1211 – extends authority to transfer defense articles and provide services
to the ANDSF.
Signed into law 12/20/2019
Bill Number
Sponsor
Summary
Status
Sec. 1212 - extends authority to acquire products produced in countries along
Afghan supply routes and adds requirement to report on the use of that authority
by March 1, 2020.
Sec. 1213 – authorizes $3 million annually for ex gratia payments for Afghanistan
and other theaters, with quarterly reporting requirement on use of the authority.
Sec. 1214 – extends semiannual DOD reporting requirement, and expands
categories of information to be included.
Sec. 1216 – directs the Secretary of State, in coordination with the Secretary of
Defense, to guarantee the meaningful participation of Afghan women in the peace
process; directs the Secretary to submit a report within 180 of enactment on
steps taken to fulfill that directive.
Sec. 1217 – extends through 2020 authority to provide Coalition Support Funds
for U.S. military operations and increases amount authorized by $100 million to
$450 million.
Sec. 1218 – authorizes $15 million to be provided for persons or entities within
Afghanistan (or Pakistan if notified) for reconciliation support activities led by the
Afghan government.
Sec. 1520 – reauthorizes the ASFF; sets as a goal that $45.5 million (and a
minimum of $10 million) of ASFF be used for recruitment and retention of
women in the Afghan security forces; mandates a DOD assessment by June 1,
2020 of Afghan progress toward security objectives and efforts to manage and
sustain equipment; directs the Secretary of Defense to withhold $480 million if
the Department determines the Afghan government has made insufficient
progress (with national security waiver authority); and requires the
Administration to submit with its FY2021 budget request the amount of
government-to-government funding provided for the ANDSF in FY2019, FY2020,
and the reason for any difference between the two.
FY2020 Defense Appropriations
House: Introduced as H.R. 2968; passed as Division C of H.R. 2740
H.R. 2968
CRS-19
Rep. Visclosky (D-IN)
Sec. 9005 – would appropriate up to $5 million for CERP.
Sec. 9006 – would allow DOD funds to provide supplies and support to allied
forces participating in operations in Afghanistan.
Approved by Defense
Subcommittee on 5/15/2019
Passed by the House 226203 on 6/19/2019
Bill Number
Sponsor
Summary
Status
Sec. 9007 – would prohibit the use of funds for the purpose of providing for the
permanent stationing of U.S. troops in Afghanistan (as well as Iraq).
Sec. 9009 – would prohibit the obligation of ASFF funds prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight Council at the
Department of Defense.
Sec. 9020 – would prohibit the transfer of C-130s to Afghanistan until DOD
reports on Afghan airlift requirements.
Sec. 9021 – would allow the use of ASFF funds for Afghan forces that would
otherwise be prohibited by 10 USC 362 (“Leahy Law”) if the Secretary certifies
that doing so is in U.S. national security interests.
Sec. 9022 – would prohibit the use of funds to pay Taliban expenses to
participate in meetings that do not include Afghan government representatives or
that restrict women’s participation.
H.R. 2968
Rep. Lee (D-CA)
Amendment to Defense Appropriations Bill – would repeal the 2001
AUMF (PL 107-40) 240 days after enactment.
Approved in full Committee
30-22 (Roll Call 2),
5/21/2019
Incorporated into the bill as
Section 9025
Senate: S. 2474
S. 2474
CRS-20
Sen. Shelby (R-AL)
Sec. 9003 – would allow obligation of administrative costs for ASFF-funded
construction projects at the time that the contract is awarded.
Sec. 9005 – would appropriate up to $5 million for CERP.
Sec. 9006 – would allow DOD funds to provide supplies and support to allied
forces participating in operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds for the purpose of providing for the
permanent stationing of U.S. troops in Afghanistan (as well as Iraq).
Sec. 9009 – would prohibit the obligation of ASFF funds prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight Council at the
Department of Defense.
Sec. 9015 – would prohibit the transfer of C-130s to Afghanistan until DOD
reports on Afghan airlift requirements.
Sec. 9016 – would allow the use of ASFF funds for Afghan forces that would
otherwise be prohibited by 10 USC 362 (“Leahy Law”) if the Secretary certifies
that doing so is in U.S. national security interests.
Introduced 9/12/2019
Bill Number
Sponsor
Summary
Status
Enacted Bill (P.L. 116-93)
H.R. 1158
Sec. 9003 – would allow obligation of administrative costs for ASFF-funded
construction projects at the time that the contract is awarded.
Sec. 9005 – would appropriate up to $5 million for CERP.
Sec. 9006 – would allow DOD funds to provide supplies and support to allied
forces participating in operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds for the purpose of providing for the
permanent stationing of U.S. troops in Afghanistan (as well as Iraq).
Sec. 9009 – would prohibit the obligation of ASFF funds prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight Council at the
Department of Defense.
Sec. 9020 – would prohibit the transfer of C-130s to Afghanistan until DOD
reports on Afghan airlift requirements.
Sec. 9021 – would allow the use of ASFF funds for Afghan forces that would
otherwise be prohibited by 10 USC 362 (“Leahy Law”) if the Secretary certifies
that doing so is in U.S. national security interests.
Sec. 9022 – would prohibit the use of funds to pay Taliban expenses to
participate in meetings that do not include Afghan government representatives or
that restrict women’s participation.
Signed into law 12/20/2019
FY2020 State Department, Foreign Operations, and Related Programs Appropriations
House: Introduced as H.R. 2839; passed as Division D of H.R. 2740
H.R. 2839
Rep. Lowey (D-NY)
H.Rept. 116-78
H.R. 2740
CRS-21
Sec. 7044 – would make funds available for reconciliation and reintegration
activities and for an endowment to empower Afghan women and girls; and would
prohibit the use of funds to enter into permanent basing agreement with the
Afghan government.
Reported to the House by
the House Appropriations
Committee 5/20/2019
Passed by the House 226203 on 6/19/2019
SIGAR drawdown -- the Committee recommendation includes funding to
begin reductions to the SIGAR operations in fiscal year 2020 and directs SIGAR
to submit, within 180 days, a plan for a “complete drawdown” by the end of
FY2021.
Rep. Davidson (R-OH)
House Rules Committee Amendment 5 – would reduce OCO funding for
Afghanistan to a maximum of $9.3 billion.
Not made in order
Bill Number
H.R. 2740
Sponsor
Rep. Davidson (R-OH)
Summary
House Rules Committee Amendment 6 – would reduce ASFF by half
($2.25 billion).
Status
Not made in order
Senate: S. 2583
S. 2583
Sen. Graham (R-SC)
Sec. 7034 – would make funds available to support, among other objectives, the
U.S. South Asia Strategy and programs for Afghan women and girls, including in
law enforcement; would also prohibit the use of funds for projects that the
Afghan government cannot sustain. Also would direct the Secretary of State to
promote the meaningful participation of Afghan women in reconciliation
processes.
S.Rept. 116-126
Sen. Graham (R-SC)
Afghanistan Peace Process Study Group – recommends $750,000 at the
U.S. Institute of Peace to create an Afghanistan Peace Process Study Group.
Reported to the Senate
9/26/2019
Enacted bill: P.L. 116-94
H.R. 1865
Sec. 7044 – makes funds available to support, among other objectives, the U.S.
South Asia Strategy and programs for Afghan women and girls, including in law
enforcement; would also prohibit the use of funds for projects that the Afghan
government cannot sustain. Also directs the Secretary of State to promote the
meaningful participation of Afghan women in reconciliation processes.
Signed into law 12/20/2019
Source: Congress.gov, House Rules Committee, Senate Amendment Tracking System
Table 2. Proposed Legislation on Afghanistan in the 115th Congress
Bill Number
Sponsor
Summary
Status
Resolutions and Stand–alone Legislation
H.R. 1666
Rep. Jones (R-NC)
To Prohibit the Availability of Funds for Activities in the Islamic
Republic of Afghanistan and for Other Purposes – would prohibit funding
for U.S. activities in Afghanistan (other than U.S. Embassy operations or
intelligence gathering) one year after enactment, unless the President submits a
national security certification waiver and Congress, within 30 days of receipt of
that waiver, enacts a joint resolution authorizing the use of funds for purposes
described in the certification (under expedited procedures).
Introduced on 3/22/2018 and
referred to the Committee
on Foreign Affairs
Sponsor introductory
remarks were given on
4/27/2018
H.R. 330
Rep. Lee (D-CA)
No More Ghost Money Act – would prohibit payments from U.S. employees
to foreign officials for the purposes of bribery or coercion; would also require
Introduced on 1/5/2017 in
the House and referred to
CRS-22
Bill Number
S. 1891
Sponsor
Sen. Cardin (D-MD)
Summary
Status
within 180 days after enactment the submission of a report from the Director of
the CIA on all monetary payments made by the CIA to Afghan officials since
September 11, 2001.
the Committee on
Intelligence
Promoting Peace and Justice for the People of Afghanistan Act of 2017
– would require the President to submit within 60 days after enactment the U.S.
strategy for engagement in Afghanistan; authorize the creation of the Afghanistan
Peace and Justice Initiative for FY2018 and FY2019; require two reports within
180 days after enactment and annually thereafter on (1) U.S. diplomatic
engagement to bring about a negotiated settlement and (2) Afghan and U.S.
efforts to address corruption and abuses by Afghan civilian security forces.
Introduced in the Senate on
9/28/2017 and referred to
the Committee on Foreign
Relations
Authorizations for the Use of Military Force (AUMF)
H.J.Res. 89
Rep. Banks (R-IN)
AUMF Against al-Qaeda, the Taliban, and the Islamic State of Iraq and
Syria – would authorize the use of force against Al Qaeda and the Taliban (in
addition to the Islamic State of Iraq and the Levant, or ISIL), as well as “successor
organizations, and associated forces”; and would mandate a report every 60 days
on actions taken pursuant to the authorities granted in the joint resolution.
Introduced on 3/15/2017 in
the House and referred to
the House Committee on
Foreign Affairs
H.J.Res. 100
Rep. Schiff (D-CA)
Consolidated AUMF Resolution of 2017 – would authorize for three years
the use of force against Al Qaeda and “the Afghan Taliban” (in addition to ISIL),
as well as associated groups engaged in hostilities against the United States.
Introduced in the House on
4/27/2017 and referred to
the Committee on Foreign
Affairs
H.J.Res. 112
Rep. Perry (R-PA)
AUMF Against Islamic Extremism – would authorize the use of force
against Al Qaeda, the Haqqani Network, and the Taliban (among other groups),
as well as “any substantial supporters, associated forces, or closely related
successor entities.”
Introduced in the House and
referred to the House
Committee on Foreign
Affairs on 7/20/2017
H.J.Res. 118
Rep. Coffman (R-CO)
AUMF Against al Qaeda, the Taliban, and the Islamic State of Iraq and
Syria – would authorize for five years the use of force against Al Qaeda and the
Taliban (in addition to ISIL), as well as “any person…that is a part of, or
substantially supports” those groups.
Introduced in the House and
referred to the House
Committee on Foreign
Affairs on 10/21/2017
S.J.Res. 31
Sen. Young (R-IN)
AUMF Against al-Qaeda, the Taliban, and the Islamic State of Iraq and
Syria – would authorize the use of force against Al Qaeda and the Taliban (in
addition to ISIL), as well as “successor organizations, and associated forces;”
would mandate a report every 60 days on actions taken pursuant to the
authorities granted in the joint resolution.
Introduced in the Senate and
referred to Committee on
Foreign Relations on
3/2/2017
CRS-23
Bill Number
Sponsor
Summary
Status
S.J.Res. 59
Sen. Corker (R-TN)
AUMF of 2018 – would authorize for four years the use of force against Al
Qaeda and the Taliban (in addition to ISIL), as well as associated forces, including
the Haqqani Network (among others) and any other groups designated by the
President and confirmed by Congress under expedited procedures.
Introduced in the House and
referred to the Committee
on Foreign Relations on
4/16/2018
Committees on Foreign
Relations and Homeland
Security and Governmental
Affairs held hearings on
5/16/2018 and 6/6/2018,
respectively
S.J.Res. 61
Sen. Merkley (D-OR)
Constitutional Consideration for Use of Force Resolution – Would
authorize the use of force against Al Qaeda and the Taliban (in addition to ISIL) in
order to protect the United States “and its compelling interests” from attack by
those groups; would mandate semiannual certification by the President that
groups remain a threat.
Introduced in the Senate and
referred to the Committee
on Foreign Relations on
5/23/2018
National Defense Authorization Act for Fiscal Year 2019
House NDAA: H.R. 5515
H.R. 5515
Rep. Thornberry (R-TX)
Sec. 1211 – would extend authority to transfer defense articles and provide
services to the ANDSF.
Sec. 1213 – would extend (and expand geographic range of) CERP.
Sec. 1521 – would extend authorities and reporting requirements regarding the
use of ASFF; also directs that at least $10 million of ASFF be used for recruitment
and retention of women in the Afghan security forces; also directs the submission
of a report on the Afghan government’s ability to manage equipment provided
through the ASFF and would allow withholding of such assistance in the event
that the Afghan government is determined to have made insufficient progress
toward maintaining the equipment.
Introduced on 4/13/2018
Reported by the House
Armed Services Committee
on 5/15/2018 with H.Rept.
115-676
H.R. 5515
Rep. McGovern (D-MA), Rep.
Jones (R-NC), Rep. Lee (DCA), Rep. Garamendi (D-CA),
Rep. Kildee (D-MI), Rep.
Welch (D-VT)
House Rules Committee Amendment 173 – Would have required the
President to notify Congress of any increase in U.S. force levels in Afghanistan
after September 30, 2018, including the number, purpose, and duration of such
deployments, and allow for the passage, within 30 days of the presidential
determination, of a joint resolution to disapprove of such increases.
Introduced on 5/15/2018
Defeated in Rules
Committee Record Vote
No. 218, 4-9
CRS-24
Bill Number
Sponsor
Summary
Status
H.R. 5515
Rep. Welch (D-VT), Rep.
Jones (R-NC), Rep. Lee (DCA)
House Rules Committee Amendment 214 – Would have required the
Secretary of Defense to develop sustainment plans for projects funded through
the Afghanistan Infrastructure Fund and submit those plans to appropriate
congressional committees.
Submitted on 05/15/2018
Not made in order by Rules
Committee
H.R. 5515
Rep. Lee (D-CA), Rep. Jones
(R-NC)
House Rules Committee Amendment 231 – Would have required the
Secretary of Defense to submit within 90 days of passage, and annually thereafter
until 2020, an unclassified report on progress made by the Afghan government in
achieving the benchmarks outlined in the Kabul Compact.
Submitted on 05/16/2018
Made in order as
Amendment 76 in H.Rept.
115-698
Adopted by voice vote as
part of en bloc H.Amdt. 643
Incorporated as Section
1230B and engrossed in the
House on 5/24/2018
House receded in
conference, not
incorporated into final bill,
but addressed in Joint
Explanatory Statement
Joint Explanatory Statement – “The conferees welcome the introduction of
the bilateral U.S.-Afghanistan Compact, and the focus on the four pillars of
governance, economics, peace and reconciliation, and security. However, the
conferees are disappointed by the lack of transparency provided by the
Department of Defense and the Department of State on the central tenants of
the Compact and associated benchmarks.”
H.R. 5515
Rep. Lynch (D-MA), Rep.
Cummings (D-MD), Rep.
Welch (D-VT)
House Rules Committee Amendment 255 – Would have required the
Secretary of Defense to rescind the decision to redact troop levels for
Afghanistan, Iraq, and Syria in the quarterly Defense Manpower Data Center
report, and to publish troop numbers based on deployment location instead of
permanently-assigned unit location.
Submitted on 05/15/2018
Not made in order by Rules
Committee
H.R. 5515
Rep. Lynch (D-MA), Rep.
Welch (D-VT)
House Rules Committee Amendment 256 – Would have required the
Secretary of Defense to “facilitate meaningful access and assistance” to Members
of the committees of jurisdiction traveling to Afghanistan, Iraq, Kuwait, and Syria
as part of congressional oversight efforts.
Submitted on 05/21/2018
Not made in order by Rules
Committee
H.R. 5515
Rep. Lynch (D-MA), Rep.
Cummings (D-MD), Rep.
Welch (D-VT)
House Rules Committee Amendment 257 – Would have directed the
Secretary of Defense to make public all performance data about the Afghan
National Defense and Security Forces that have not been publicly available since
October 2017.
Joint Explanatory Statement: “The conferees are disappointed by recent
public decisions regarding a lack of transparency on basic information such as
kinetic strike data, [and] ANDSF development, retention, and casualty
Submitted on 05/15/2018
Not made in order by Rules
Committee, but addressed in
Joint Explanatory Statement
CRS-25
Bill Number
Sponsor
Summary
Status
rates…The restriction of information in this manner undermines public
confidence, hinders necessary congressional oversight, and raises legitimate
questions about the efficacy of current U.S. efforts in Afghanistan.”
H.R. 5515
Rep. Engel (D-NY)
House Rules Committee Amendment 449 – Would have directed the
Secretary of State to establish an office (of at least three full-time employees) for
peace and reconciliation in Afghanistan to lead and coordinate U.S. efforts to seek
a negotiated settlement to the war.
Submitted on 05/14/2018
Not made in order by Rules
Committee
H.R. 5515
Rep. Boyle (D-PA)
House Rules Committee Amendment 522 – Would have required the
State Department and Department of Defense to report on Russia’s support of
the Taliban in Afghanistan.
Submitted 5/21/2018
Made in order as
Amendment 35 in H.Rept.
115-702
Adopted by voice vote as
part of en bloc H.Amdt. 645
Incorporated as Section
1242 and engrossed in the
House on 5/24/2018
House receded, not
incorporated into final bill
but Joint Explanatory
Statement directs submission
of related report.
Joint Explanatory Statement – “The conferees note with deep concern
Russia’s destabilizing activities in Afghanistan… To better understand the nature
of these activities, the conferees direct the appropriate agency within the
Department of Defense, in conjunction with the Intelligence Community, to
provide a report to the congressional defense and foreign relations committees
no later than January 31st, 2019. The required report should be made at the
classified level with an unclassified summary and should address Russian
destabilizing activities in the region over the past 10 years, an articulation of
Russian goals in executing such activities and an assessment of their abilities and
potential to affect future operations that run counter to U.S. and Afghan goals in
the region.”
H.R. 5515
S.Amdt. 2656
Sen. Merkley (D-OR)
Senate Amendment 2656 – Would have directed the Secretary of Defense to
submit within 180 days a report on U.S. diplomatic, defense and security, and
development strategies in Afghanistan.
Submitted on 6/11/2018
Not considered
H.R. 5515
S.Amdt. 2775
Sen. Durbin (D-IL), Sen.
Duckworth (D-IL)
Senate Amendment 2775 – Would have directed the Secretary of Defense to
submit within a year of enactment an assessment of security cooperation
programs in Afghanistan (along with nine other countries).
Submitted on 6/11/2018
Not considered
H.R. 5515
S.Amdt. 2779
Sen. Bennet (D-CO)
Senate Amendment 2779 – Would have established an eight-member “Long
Wars Study Group” to examine U.S. involvement in the wars in Afghanistan and
Iraq; the working group would produce a final report, including lessons learned
and recommendations, within two years of enactment.
Submitted on 6/11/2018
Not considered
FY2019 National Defense Authorization Act, P.L. 115-232
CRS-26
Bill Number
Sponsor
H.R. 5515
Summary
Status
Sec. 1221 – extends authority to transfer defense articles and provide services
to the ANDSF.
Sec. 1223 – extends authorities and reporting requirements regarding the use of
ASFF; directs that at least $10 million of ASFF (with a goal of $25 million) be used
for recruitment and retention of women in the Afghan security forces; directs the
Administration to submit a report on the Afghan government’s ability to manage
equipment provided through the ASFF and would allow withholding of such
assistance in the event that the Afghan government is determined to have made
insufficient progress toward maintaining the equipment (with waiver authority).
Sec. 1224 – extends (and expands geographic range of) CERP authority for one
year.
Signed by the President on
8/13/2019, P.L. 115-232
FY2019 Defense Appropriations
H.R. 6157
H.R. 6157
Rep. Granger (R-TX)
Sec. 9005 – would appropriate up to $10 million for CERP in Afghanistan.
Sec. 9006 – would make funds available to provide supplies, transportation, and
services to allies supporting U.S. operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds to provide for permanent stationing
of U.S. troops in Afghanistan.
Sec. 9009 – would, among other purposes, prohibit the obligation of ASFF funds
prior to approval of financial and activity plan by the Afghanistan Resources
Oversight Council at DOD.
Sec. 9019 – would prohibit the use of funds to transfer C-130s to Afghanistan.
Sec. 9021 – would allow for ASFF funds to be used in training and equipping
units for which assistance would otherwise be prohibited by Leahy Laws (10
U.S.C. 362) if the Secretary of State certifies that denial of such assistance would
harm U.S. national security, among other conditions.
As reported in the House on
6/20/2018 and engrossed on
6/23/2018
H.R. 6157
Rep. Khanna (D-CA)
House Rules Amendment 76 – would have prohibited the use of funds to
increase the U.S. force presence in Afghanistan above current levels.
Submitted on 6/20/2018
Not made in order by the
Rules Committee
S. 3159
S. 3159
CRS-27
Sen. Shelby (R-AL)
Sec. 9005 – would appropriate up to $5 million for CERP in Afghanistan.
As reported to the Senate
by the Senate
Bill Number
Sponsor
Summary
Status
Sec. 9006 – would make funds available to provide supplies, transportation, and
services to allies supporting U.S. operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds to provide for permanent stationing
of U.S. troops in Afghanistan.
Sec. 9009 – would, among other purposes, prohibit the obligation of ASFF funds
prior to approval of financial and activity plan by the Afghanistan Resources
Oversight Council at DOD.
Sec. 9012 – would prohibit the use of funds to transfer C-130s to Afghanistan.
Sec. 9014 – would allow for ASFF funds to be used in training and equipping
units for which assistance would otherwise be prohibited by Leahy Laws (10
U.S.C. 362) if the Secretary of State certifies that denial of such assistance would
harm U.S. national security, among other conditions.
Appropriations Committee
on 6/23/2018
H.R. 6157 (P.L. 115-245)
H.R. 6157
Rep. Granger (R-TX)
Sec. 9005 – would appropriate up to $10 million for CERP in Afghanistan.
Sec. 9006 – would make funds available to provide supplies, transportation, and
services to allies supporting U.S. operations in Afghanistan.
Sec. 9007 – would prohibit the use of funds to provide for permanent stationing
of U.S. troops in Afghanistan.
Sec. 9009 – would, among other purposes, prohibit the obligation of ASFF funds
prior to approval of financial and activity plan by the Afghanistan Resources
Oversight Council at DOD.
Sec. 9020 – would prohibit the use of funds to transfer C-130s to Afghanistan.
Sec. 9022 – would allow for ASFF funds to be used in training and equipping
units for which assistance would otherwise be prohibited by Leahy Laws (10
U.S.C. 362) if the Secretary of State certifies that denial of such assistance would
harm U.S. national security, among other conditions.
FY2019 State Department, Foreign Operations, and Related Programs (SFOPS) Appropriations
House: H.R. 6385
CRS-28
Signed by the President on
9/28/2018, P.L. 115-245
Bill Number
Sponsor
Summary
Status
H.R. 6385
Rep. Rogers (R-KY)
Sec. 7013 – prohibits the use of funds to provide foreign assistance unless a
bilateral agreement guarantees that U.S. assistance will be exempt from taxation
by the foreign government.
NOTE: while this provision does not refer to Afghanistan in particular, the only
reference to it in the bill with respect to a specific country occurs in Section
7044 (see below).
Sec. 7044 – (1) prohibits the use of ESF and INCLE funds in projects/activities
in which individuals suspected of narcotics production, human rights violations,
or corrupt practices are participating or for projects in areas where resource
disbursement monitoring cannot be performed (with national security
certification waiver); (2) requires the Secretary of State to certify that ESF and
INCLE funds are used to advance civil society, women’s rights, transparency,
and other U.S. goals, and report on the status of related goals and benchmarks
within 90 days and biannually thereafter (with national security waiver); (3)
makes funds available for programs to assist women and girls, help the Afghan
government develop its financial system, and expand regional linkages, among
other purposes; (4) requires the Secretary to certify that the United States and
Afghanistan have agreement in place to guarantee compliance with Sec. 7013
(above); and (5) prohibits the use of any funds to enter into a permanent basing
rights agreement between the United States and Afghanistan
Reported by the House
Committee on
Appropriations on
7/16/2018
H.Rept. 115-829
accompanying H.R.
6385
House Committee on
Appropriations
Directs the submission of two reports:
Reported by the House
Committee on
Appropriations on
7/16/2018
A report on progress made in achieving a political settlement with the
Taliban and detailed information on specific steps to encourage a political
resolution (within 90 days of enactment); and
A report on the number of personnel in Afghanistan under Chief of
Mission authority (within 30 days of enactment, and every 120 days
thereafter through FY2020)
Additionally, directs that funds be made available for programs that support
children of imprisoned Afghan mothers.
Senate: S. 3108
CRS-29
Bill Number
Sponsor
Summary
Status
S. 3108
Sen. Graham (R-SC)
Sec. 7044 – (1) authorizes the use of funds to reestablish one or more
Embassy Branch Offices in Afghanistan; (2) authorizes the use of up to $2.8
million in ESF for the Office of Inspector General to conduct oversight on
assistance for Afghanistan; (3) prohibits the use of funds for projects in which
individuals or entities suspected of involved in corruption, narcotics, or human
rights violations are participants; and (4) requires the Secretary to certify that
the United States and Afghanistan have agreements in place to guarantee
compliance with Sec. 7013 (same as the House provision above) and that U.S.
companies and organizations are not subjected to Afghan taxes or fees.
Reported by the Senate
Appropriations Committee
on 6/21/2018
S.Rept. 115-282
accompanying S.
3108
Senate Committee on
Appropriations
Directs the submission of two reports:
Reported by the Senate
Appropriations Committee
on 6/21/2018
A report on monitoring and evaluation procedures for U.S. assistance
programs in Afghanistan (within 45 days of the submission of the FY2020
budget request); and
A report assessing progress made in preparing for parliamentary and
presidential elections, including recommendations (within 90 days of
enactment).
Division F of H.J.Res 31 (P.L. 116-6)
Division F of
H.J.Res 31
Rep. Roybal-Allard (D-CA)
Sec. 7044 – (1) makes funds available to support U.S. South Asia Strategy and
for programs and strengthen women’s rights; (2) prohibits the use of funds for
activities that cannot be sustained by the Afghan government, that are not
accessible for U.S. oversight, that initiate new, major infrastructure
development; or that involve individuals credibly accused of involvement in
corruption, narcotics, or human rights violations; and (3) prohibits the use of
funds to enter into permanent basing rights agreement with Afghanistan
Signed by the President on
2/15/2019, P.L. 116-6
Note: H.J.Res 31 was
passed by and enacted
during the 116th
Congress.
National Defense Authorization Act for Fiscal Year 2018
H.R. 2810
CRS-30
Rep. Khanna (D-CA)
House Rules Committee Amendment 72 – requires the Secretary of
Defense to conduct a cost-benefit analysis when entering into a contract for
uniforms for Afghan forces.
Submitted on 7/6/2017
Made in order as
Amendment 24 in H.Rept.
115-212
Adopted by voice vote as
part of en bloc H.Amdt. 173
Incorporated as Section 344
in final bill
Bill Number
Sponsor
Summary
Status
H.R. 2810
Rep. Kildee (D-MI)
House Rules Committee Amendment 153 – would have added projected
casualties and costs, as well as objectives, of U.S. deployments to Afghanistan to
list of metrics in Section 1212 (requiring a report on U.S. strategy in Afghanistan).
Joint Explanatory Statement – “The conferees direct the Secretary of
Defense, in coordination with the Secretary of State, to provide a report on the
Afghanistan strategy no later than February 15, 2018. The report should include a
description of U.S. security interests and objectives; the current and planned
military efforts to support such objectives; the anticipated timeline necessary to
achieve such objectives; a description of the projected long-term U.S. military
role in Afghanistan; an analysis of the risk to force, including green on blue
attacks, and the efforts to mitigate such risks; an accounting of the costs
associated with accomplishing the security objectives over the projected timeline;
a description of the interests, objectives, and activities of other regional actors in
Afghanistan, including Russia, Iran, Pakistan, China, India, and any other country
the Secretary believes to be influencing Afghanistan’s stability and security.”
Submitted on 7/10/2017
Made in order as
Amendment 68 in H.Rept.
115-217
Adopted by voice vote as
part of en bloc H.Amdt. 193
Incorporated as part of
Section 1212. Engrossed in
the House on 7/17/2017
Struck in conference but
incorporated in altered form
in Joint Explanatory
Statement
H.R. 2810
Rep. McGovern (D-MA), Rep.
Jones (R-NC), Rep. Lee (DCA), Rep. Massie (R-KY), Rep.
Garamendi (D-CA), Rep.
Welch (D-VT), Rep. Kildee
(D-MD)
House Rules Committee Amendment 165 – would have required the
President to notify Congress of any increase in U.S. force levels in Afghanistan
after September 30, 2018, including the number, purpose, and duration of such
deployments, and allow for the passage, within 30 days of the presidential
determination, of a joint resolution to disapprove of such increases.
Submitted on 07/12/2017
Defeated in Rules
Committee Record Vote
No. 71 2-8
H.R. 2810
Rep. Gallego (D-AZ)
House Rules Committee Amendment 271 – would have added a
description of foreign support (from Russia, Iran, Pakistan, and others) to the
Taliban and other extremist groups to the list of matters included in a report on
U.S. strategy in Afghanistan submitted by the Secretary of Defense.
Not agreed to in Conference- House recedes, Section 1212 of House bill
struck from NDAA but incorporated into Explanatory Statement directive to
Secretary of Defense to provide report on Afghanistan strategy by February 15,
2018 (see above).
Submitted on 07/12/2017
Made in order as
Amendment 60 in H.Rept.
115-212
Adopted by voice vote as
part of en bloc H Amdt 175.
Incorporated as part of
Section 1212
Struck in conference, but
incorporated into Joint
Explanatory Statement
directive
H.R. 2810
Rep. Connolly (D-VA)
House Rules Committee Amendment 357 – Requires a review of DOD
civilian personnel air travel to and from Afghanistan, and requires the Secretary
Submitted on 07/12/2017
CRS-31
Bill Number
Sponsor
Summary
Status
to issue updated guidelines regarding the use of commercial or alternative forms
of air transportation.
Made in order as
Amendment 79 in H.Rept.
115-217
Adopted by voice vote as
part of en bloc H Amdt 194
Incorporated as Section
1081 and engrossed in the
House on 7/14/2017
Incorporated as Section
1098 in final bill
H.R. 2810
Rep. Lee (D-CA), Rep. Jones
(R-NC)
House Rules Committee Amendment 381 – Would have transferred $28
million from ASFF to the Office of Suicide Prevention.
Submitted on 07/12/2017
Not made in order by Rules
Committee
H.R. 2810
Rep. Thornberry (R-TX)
Sec. 1521 – Extends authorities and reporting requirements regarding the use of
ASFF; also would have directed that at least $41 million of ASFF be used for
recruitment and retention of women in the Afghan security forces; also directs
the submission of a report by the Secretary of Defense on steps the Afghan
government is taking to reduce corruption in the ANDSF and on the extent to
which extent ANDSF capabilities are improving.
Agreed to in Conference – House version directed $41 million for
recruitment and retention of women in ANDSF (compared to a $25 million
“goal” in the Senate bill, Section 1531); final bill language directs at least $10
million, with the goal of $41 million, be directed to that purpose.
Engrossed in the House on
7/14/2017
Agreed to in conference and
incorporated in modified
form as Section 1531 in final
bill
H.R. 2810
Rep. Thornberry (R-TX)
Sec. 923 – Would have expressed the sense of the House that force
management levels in Afghanistan necessitate the substitution of costlier contract
support in place of military personnel; also would have required a briefing by
DOD on steps by the Secretary to revise deployment guidelines to “avoid to the
extent practicable these costly practices in the future.”
Joint Explanatory Statement – “the conferees understand the Department of
Defense is revaluating the practice of substituting contractor personnel,” but
directs a briefing on the topic by March 31, 2018.
Engrossed in the House on
7/14/2017
The Senate engrossed
amendment contained no
similar provision. The House
receded in conference, but
directive maintained in Joint
Explanatory Statement
S.Amdt. 511 to H.R.
2810
Sen. Sullivan (R-AK), Sen.
Peters (D-MI), Sen. Cornyn
(R-TX), Sen. Warner (D-VA)
Senate Amendment 511 – would have directed the Secretary of Defense to
work with the Afghan and Indian governments to establish priorities and
opportunities for investment in Afghanistan; identify gaps in Afghan military
capacity; and improve delivery of humanitarian assistance.
Submitted on 7/27/2017
Not considered
CRS-32
Bill Number
Sponsor
Summary
Status
S.Amdt. 529 to H.R.
2810
Sen. Leahy (D-VT)
Senate Amendment 529 – authorizes the Secretary of Defense to create one
or more permanent positions to oversee and support human rights vetting with
regard to the Afghan National Defense and Security Forces.
Submitted on 7/27/2017
Engrossed in Senate
amendment on 9/18/2017 as
Section 6203
Incorporated as Section
1216 in final bill
S.Amdt. 609 to H.R.
2810
Sen. McCain (R-AZ)
Senate Amendment 609 – would have expressed the sense of Congress that
the United States should pursue an “integrated civil-military” strategy in
Afghanistan.
Submitted on 7/27/2017
Not considered
H.R. 2810
Sen. McCain (R-AZ)
Sec. 1215 – Extends the semiannual reporting requirement on enhancing
security and stability in Afghanistan (in place since 2015 NDAA) through
December 2020.
Engrossed in Senate
amendment on 9/18/2017
House contained no similar
provision; House receded in
conference and incorporated
into final bill as Section 1215
FY2018 Defense Appropriations
H.R.3219 – Make America Secure Appropriations Act, 2018 (Defense Appropriations)
H.R. 3219
Rep. Brownley (D-CA)
House Rules Committee Amendment 21 (version 1) – would have
required the Secretary of Defense to submit a report on steps being taken by
Afghan forces to end sexual abuse, sex slavery, and rape.
Introduced on 7/21/2017
Not made in order
H.R. 3219
Rep. Davis (D-CA)
House Rules Committee Amendment 77 (version 3) – broadens use of
funds from “recruitment” of Afghan women in the ANDSF to “recruitment,
retention, and training.”
Introduced on 7/26/2017
Revised; made in order and
incorporated in revised form
under “Afghanistan Security
Forces Fund”
Incorporated into H.R. 1625
H.R. 3219
Rep. Welch (D-VT), Rep. Lee
(D-CA), Rep. Khanna (D-CA),
Rep. Jones (R-NC), Rep.
Walberg (R-MI)
House Rules Committee Amendment 111 (version 1) – Would have
prohibited the use of ASFF funds to procure uniforms for the Afghan National
Army.
Introduced on 7/21/2017
Made in order as
Amendment 40 in H.Rept.
115-261
CRS-33
Bill Number
Sponsor
Summary
Status
Engrossed in the House on
7/27/2017 as Section 10004
Not incorporated into H.R.
1625
H.R. 3219
Rep. Nolan (D-MN)
House Rules Committee Amendment 130 (version 2) – Would have
decreased ASFF funding by $12 million.
Introduced on 7/26/2017
Made in order as
Amendment 53 in H.Rept.
115-261
Engrossed in the House as
7/27/2017 under
“Afghanistan Security Forces
Fund”
H.R. 1625 reduced ASFF by
more than $12 million below
the level in H.R. 3219
Division C of H.R.
1625 (Consolidated
Appropriations Act,
FY2018)
Rep. Granger (R-TX)
Sec. 9005 – Authorizes $5 million for CERP in Afghanistan.
Sec. 9006 – would authorize provision of services, transportation, and logistical
support to allied and coalition forces supporting U.S. operations in Afghanistan.
Sec. 9007 – Prohibits the use of funds for, among other purposes, establishing
any base that provides for “permanent stationing” of U.S. forces in Afghanistan.
Sec. 9009 – Among other purposes, prohibits the obligation of ASFF funds prior
to approval of financial and activity plan by the Afghanistan Resources Oversight
Council at DOD.
Sec. 9019 – prohibits the use of funds to transfer additional C–130 cargo aircraft
to Afghan forces until DOD provides a report on Afghan airlift requirements.
Sec. 9020 – Rescinds $100 million in 2017/2018 ASFF funds.
Sec. 9022 – allows for ASFF funds to be used in training and equipping units for
which assistance would otherwise be prohibited by Leahy Laws (10 U.S.C. 362) if
the Secretary of State certifies that denial of such assistance would harm U.S.
national security, among other conditions.
Signed by the President on
3/23/2018 as P.L. 115-141
FY2018 State Department, Foreign Operations, and Related Programs Appropriations
CRS-34
Bill Number
Sponsor
Summary
Status
H.R. 3362
Rep. Rogers (R-KY)
Sec. 7044 – (1) Directs the Secretary of State to submit a report on the
number of personnel in Afghanistan under Chief of Mission authority; (2)
prohibits the use of ESF and INCLE funds in projects/activities in which
individuals suspected of narcotics production, human rights violations, or
corrupt practices are participating; (3) requires the Secretary of State to certify
that ESF and INCLE funds are used to advance civil society, women’s rights,
transparency, and other U.S. goals, among other conditions; (4) requires the
Secretary to submit a report on progress toward goals and benchmarks of U.S.
assistance; (5) makes funds available for programs to assist women and girls,
help the Afghan government develop its financial system, and expand regional
linkages, among other purposes; (6) requires the Secretary to certify that U.S.
companies and organizations implementing U.S. foreign aid programs are not
subjected to taxation by the Afghan government and (7) prohibits the use of any
funds to enter into a permanent basing rights agreement between the United
States and Afghanistan.
Approved by House
Appropriations Committee
on 7/19/2017
H.R. 1625 does not include
required reporting on U.S.
personnel in Afghanistan,
but the directive is included
in the Joint Explanatory
Statement
Division G of H.R.
3354 (minibus)
Rep. Rosen (D-NV), Rep.
Gallego (D-AZ)
House Rules Committee Amendment 93 (version 1) – Would have
prohibited the use of funds to close or merge the Office of the Special
Representative for Afghanistan and Pakistan.
Introduced 9/5/2017
Not made in order
S. 1780
Sen. Graham (R-SC)
Sec. 7044 – (1) prohibits the use of ESF and INCLE funds for projects/activities
in which individuals suspected of narcotics production, human rights violations,
or corrupt practices are participating or for projects in areas where resource
disbursement monitoring cannot be performed (with national security
certification waiver); (2) requires the Secretary to submit a report on progress
toward goals and benchmarks of U.S. assistance; (3) reconciliation and
reintegration activities.
Introduced and reported by
Senate Appropriations
Committee on 9/7/2017
with written report S.Rept.
115-152
CRS-35
Bill Number
Division K of H.R.
1625 (Consolidated
Appropriations
Act, FY2018)
Sponsor
Rep. Royce (R-CA)
Summary
Status
Sec. 7044 – (1) prohibits the use of ESF and INCLE funds for projects/activities
in which individuals suspected of narcotics production, human rights violations,
or corrupt practices are participating or for projects in areas where resource
disbursement monitoring cannot be performed (with national security
certification waiver); (2) requires the Secretary of State to certify that ESF and
INCLE funds are used to advance civil society, women’s rights, transparency,
and other U.S. goals, among other conditions; (3) requires the Secretary to
submit a biannual report on progress toward goals and benchmarks of U.S.
assistance; (4) makes funds available for programs to assist women and girls,
help the Afghan government develop its financial system, and expand regional
linkages, among other purposes; (5) requires the Secretary to certify that U.S.
companies and organizations implementing U.S. foreign aid programs are not
subjected to taxation by the Afghan government and (6) prohibits the use of any
funds to enter into a permanent basing rights agreement between the United
States and Afghanistan.
Signed by the President on
3/23/2018 as P.L. 115-141
Source: Congress.gov, House Rules Committee, Senate Amendment Tracking System
Table 3. U.S. Assistance to Afghanistan
($ in thousands)
FY2018
FY2019
FY2020
President’s
Budget
Senatea
Houseb
Final
President’s
Budget
Senate
Houseb
ESF
650,000
500,000
-
500,000
500,000
500,000
-
400,000
NADR
37,000
37,000
-
36,600
(not
requested
by
country)
37,000
-
36,600
INCLE
95,000
160,000
-
160,000
95,000
160,000
-
95,000
IMET
800
800
-
800
800
800
CRS-36
Final
President’s
Budget
800
Senate
House
Final
OFS
(through
OCO)c
47,100,000
-
-
-
46,300,000
-
-
-
(not
broken
out)
ASFF
4,937,515
4,178,815
4,937,515
4,666,815
5,199,450
4,666,815
5,199,450
4,920,000
4,803,978
a.
4,803,978
4,503,978
4,503,978
Draft FY2018 Defense Appropriations bill and accompanying report published Nov. 21, 2017 by the chairman of the Senate Appropriations Committee, at
https://www.appropriations.senate.gov/news/majority/fy2018-defense-appropriations-bill-released.
b. In reports accompanying its State, Foreign Operations, and Related Programs Appropriations bills for both FY2018 and FY2019, the House Appropriations
Committee stated that “The Committee understands that the staffing and programming requirements in [Afghanistan and Pakistan] will remain under continuous
review and, for that reason, has not designated specific funding recommendations.” Additionally, while Congress authorizes and appropriates ASFF levels, they do
not otherwise allocate funding for specific operations, including Operation Freedom’s Sentinel.
c. OFS numbers from President’s budget requests; Congress does not direct specific breakouts (i.e., by operation) of OCO spending, except for the Afghanistan
Security Forces Fund.
Source: Congressional Research Service
CRS-37
Afghanistan: Issues for Congress and Legislation 2017-2020
Author Information
Clayton Thomas
Analyst in Middle Eastern Affairs
Acknowledgments
Sarah Collins provided considerable support in updating this report.
Disclaimer
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Congressional Research Service
R45329 · VERSION 5 · UPDATED
38
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