II 

114TH CONGRESS 

1ST SESSION S. 1875 

To support enhanced accountability for United States assistance to 

Afghanistan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2015 

Mr. MENENDEZ (for himself and Mr. CORKER) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To support enhanced accountability for United States 

assistance to Afghanistan, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Afghanistan Account5 ability Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 


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1 (A) the Committee on Foreign Relations, 

2 the Committee on Appropriations, the Com3 mittee on Armed Services, and the Select Com4 mittee on Intelligence of the Senate; and 

5 (B) the Committee on Foreign Affairs, the 

6 Committee on Appropriations, the Committee 

7 on Armed Services, and the Permanent Select 

8 Committee on Intelligence of the House of Rep9 resentatives. 

10 TITLE I—EFFECTIVE AFGHANI11 STAN ASSISTANCE AND AC12 COUNTABILITY 

13 SEC. 101. FINDINGS. 

14 Congress makes the following findings: 

15 (1) Following the terrorist attacks of September 

16 11, 2001, the United States launched Operation En17 during Freedom, and since then the United States 

18 Armed Forces and the Afghan National Security 

19 Forces have made countless sacrifices in defending 

20 Afghanistan against the threat of terrorism and in21 surgency and by extension the United States and the 

22 wider world. 

23 (2) Since 2001, the United States has worked 

24 with a broad coalition of nations that has helped to 

25 dramatically improve numerous development indicaVerDate Sep 11 2014 23:32 Jul 29, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1875.IS S1875

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1 tors within Afghanistan, including a dramatic in2 crease in the number of girls enrolled in primary 

3 education from an estimated 5,000 under the 

4 Taliban to 2,400,000 girls as of 2010; an increase 

5 in the percentage of individuals above the poverty 

6 line from 25.4 percent in 2002 to 35.8 percent in 

7 2011; an increase in the percentage of individuals 

8 who now have access to an improved water source in 

9 rural areas from 22 percent in 2001 to 56 percent 

10 in 2012; a precipitous decline in maternal mortality 

11 from 1,200/100,000 births in 1995 to 400/100,000 

12 births in 2013; and an expansion of women’s rights. 

13 (3) Numerous research studies have shown that 

14 government corruption is a driver of conflict and 

15 particularly so in Afghanistan, where it has served 

16 as a powerful recruitment tool for the Taliban. 

17 (4) Since the first democratic transfer of power 

18 in the history of Afghanistan in 2014, President 

19 Ashraf Ghani and Chief Executive Officer Abdullah 

20 Abdullah have led a National Unity Government 

21 that has identified key security and development 

22 challenges in order to make Afghanistan a full and 

23 productive member of the community of democratic 

24 nations. 


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1 (5) The National Unity Government has re2 newed specific focus on addressing corruption within 

3 the country as a driver of instability, including re4 opening a fraud case involving high-level officials 

5 and the Kabul Bank that resulted in the disappear6 ance of an estimated $1,000,000,000. 

7 (6) In its report ‘‘Realizing Self Reliance: Com8 mitments to Reform and Renewed Partnership’’, the 

9 Government of Afghanistan committed to the inter10 national community in London in December 2014, 

11 to address the ‘‘main drivers of corruption in Af12 ghanistan’’, including ‘‘collusive procurement prac13 tices, weak rule of law and abuse of the legal sys14 tem, and arbitrary regulations that build in incen15 tives to pay bribes’’. Government of Afghanistan 

16 commitments included— 

17 (A) forming an independent anti-corrup18 tion commission with time-bound prosecutorial 

19 powers; 

20 (B) implementing recommendations by the 

21 Monitoring and Evaluation Committee on a na22 tional action plan to reduce corruption; 

23 (C) requiring all government officials to 

24 provide public declarations of their assets; 


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1 (D) meeting all Financial Action Task 

2 Force (FATF) requirements to further limit 

3 and investigate illicit fund flows; 

4 (E) forming a national procurement board 

5 staffed by qualified professionals who will man6 age all large value contracts using internation7 ally recognized standards and procedures; and 

8 (F) delineating the roles, responsibilities, 

9 and jurisdiction of anti-corruption institutions 

10 such as the High Office of Oversight and Anti11 Corruption (HOO) and the Attorney General to 

12 restrict them to focus on their core function of 

13 enforcement instead of oversight. 

14 (7) The December 2014 Government of Af15 ghanistan report ‘‘Realizing Self Reliance: Commit16 ments to Reform and Renewed Partnership’’, ex17 pressed a commitment to ‘‘enhancing productivity, 

18 growth and revenues’’ by— 

19 (A) developing natural resources through 

20 public-private partnerships that bring in rents, 

21 taxes, and profits; 

22 (B) removing obstacles to trade and transit 

23 and ending smuggling that diverts revenue 

24 away from the treasury; 


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1 (C) negotiating expanded market access in 

2 regional and global markets; 

3 (D) gradually formalizing the informal 

4 economy and changing the compact between the 

5 state and citizens to one where citizens pay 

6 taxes for services they tangibly benefit from; 

7 and 

8 (E) transferring government payments 

9 electronically to eliminate losses in transit. 

10 (8) In 2012, international donors and the Gov11 ernment of Afghanistan agreed to the Tokyo Mutual 

12 Accountability Framework (‘‘TMAF’’) which com13 mitted to provide $4,000,000,000 in economic assist14 ance per year from 2012–2015 and sustain assist15 ance at or near the same levels of the past decade 

16 through 2017, while the Government of Afghanistan 

17 committed to meet benchmarks related to democracy 

18 and governance, public finance and revenue genera19 tion, and economic development. 

20 (9) At the end of 2014, under the TMAF, the 

21 Government of Afghanistan had fallen short in meet22 ing benchmarks related to: revenue collection, the 

23 enhancement of women’s rights, corruption and the 

24 illicit economy, and the protection of human rights. 


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1 (10) In the Joint Declaration following the 

2 London Conference on Afghanistan of December 4, 

3 2014, the international community and the new Gov4 ernment of Afghanistan agreed to refresh the exist5 ing TMAF and associated commitments at the 2015 

6 Senior Officials Meeting based on the reform pro7 gram and priorities as laid out by the Government 

8 of Afghanistan. 

9 (11) Afghanistan faces great difficulties in 

10 making progress in countering illegal narcotics and 

11 remains the leading global illicit opium poppy pro12 ducer. 

13 (12) The illegal narcotics trade results in the 

14 transfer of illicit funds and encourages and also re15 quires corrupt financial transactions, and, if mini16 mized, could have beneficial impacts on trade and 

17 reduce overall levels of corruption. 

18 (13) The international community has endorsed 

19 Afghanistan’s longer-term development following the 

20 war and identified the criticality of the ‘‘trans21 formation decade’’ from 2015–2024 outlined by the 

22 Government of Afghanistan and has acknowledged 

23 that the Government of Afghanistan will seek con24 tinued international assistance in order for it to beVerDate Sep 11 2014 23:32 Jul 29, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1875.IS S1875

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1 come a stable, self-sustained partner in the commu2 nity of democratic countries. 

3 (14) As development assistance from the United 

4 States and broader international community gradu5 ally diminishes in the coming years, the accelerated 

6 development of the Afghan private sector and gov7 erning institutions becomes even more necessary to 

8 maintain the gains of the past decade and to en9 hance our mutual goals of Afghan security and sta10 bility. 

11 (15) While Afghan National Security Forces 

12 (ANSF) have taken over lead combat responsibil13 ities, they continue to operate in close coordination 

14 with, and with significant resources from the inter15 national community, under the Train, Advise and 

16 Assist (TAA) mission of Operation Inherent Resolve 

17 and in coordination with ongoing counter-terrorism 

18 operations. Development of civilian oversight institu19 tions for the security sector has lagged. Such over20 sight will be important for ensuring that Afghan se21 curity forces are accountable and do not abuse their 

22 powers. 


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1 SEC. 102. SENSE OF CONGRESS ON UNITED STATES ASSIST2 ANCE AND ACCOUNTABILITY IN AFGHANI3 STAN. 

4 It is the sense of Congress that— 

5 (1) the National Unity Government of Afghani6 stan has made a substantial commitment to reform 

7 that should be supported but also subject to height8 ened scrutiny by the Afghan people and inter9 national donors given past failures and persistent 

10 challenges in the country; 

11 (2) Afghanistan is at a critical inflection point, 

12 having gone through political and security transi13 tions as the international community draws down its 

14 military forces. The international community should 

15 work closely with the new government in supporting 

16 development priorities for the rest of the trans17 formation decade that translate into producing con18 crete development results for the Afghan people; 

19 (3) sustainable accountability and reform of Af20 ghan governing institutions will not come from the 

21 international community but from a commitment by 

22 the Government of Afghanistan and society rein23 forced by domestic watchdog groups and internal 

24 government accountability monitoring mechanisms; 

25 (4) the United States Government should deep26 en its dialogue on anti-corruption efforts with the 


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1 Government of Afghanistan to develop effective over2 sight mechanisms to ensure large donor contracts do 

3 not contribute to corruption; 

4 (5) the United States should encourage Af5 ghanistan’s participation in the Open Government 

6 Partnership, a multilateral initiative in which gov7 ernment and civil society collaborate to promote 

8 transparency, fight corruption, and use technologies 

9 to strengthen government; 

10 (6) the United States should urge the Govern11 ment of Afghanistan to build upon existing anti12 money laundering and countering terrorism financ13 ing legislation by developing effective regulations 

14 and institutions to implement reforms; 

15 (7) the United States should urge the Govern16 ment of Afghanistan to broaden personal asset dis17 closures to include members of the covered officials’ 

18 immediate families or households and develop effec19 tive mechanisms for verifying disclosed information; 

20 (8) in the event of future egregious cases of 

21 corruption in Afghanistan, the President should im22 pose visa bans and asset freezes on those respon23 sible, especially in instances where United States as24 sistance is stolen or misappropriated; 


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1 (9) the United States Government should co2 operate with the Government of Afghanistan and 

3 with international donors to develop a series of strict 

4 accountability benchmarks based on the refreshed 

5 Tokyo Mutual Accountability Framework and the 

6 Government of Afghanistan’s own ‘‘Realizing Self 

7 Reliance’’ report commitments that will condition 

8 levels of assistance and the amount of on-budget as9 sistance on anti-corruption performance acceptable 

10 to donors; 

11 (10) the United States should support the Af12 ghan Parliament to refine and strengthen the legal 

13 framework of anti-corruption and anti-money laun14 dering laws to address beneficial ownership, coun15 tering bid-rigging and other contracting and pro16 curement fraud, criminal investigations of financial 

17 transactions, complementary banks, personal asset 

18 or other financial declarations and disclosures as re19 quired by law or regulation, efforts to meet FATF 

20 requirements, and other areas to further inhibit the 

21 illicit flow of money; 

22 (11) the commitment by the Government of Af23 ghanistan to strengthen its nascent private sector 

24 should be supported and sustained using the full 


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1 array of tools of the United States, including tech2 nical and legal assistance; 

3 (12) United States assistance to the Afghan ju4 dicial system and other Afghan legal institutions 

5 that enable and empower private sector development 

6 by instilling greater investor confidence should be 

7 prioritized to ensure the protection of private prop8 erty, the sanctity of contracts, and effective dispute 

9 resolution mechanisms for businesses and investors; 

10 (13) the United States Government should 

11 identify opportunities for the United States to intro12 duce trade facilitation as part of the economic rela13 tionship between the two countries; 

14 (14) the Governments of the United States and 

15 Afghanistan should work together to identify more 

16 Afghan products and raw materials to be included 

17 on the United States Generalized System of Pref18 erences (GSP) treatment list; 

19 (15) the United States Government should es20 tablish a United States-Afghan Tax Commission to 

21 help spearhead a rapid and successful conclusion of 

22 a new Bilateral Tax Agreement similar to the Agree23 ments with several of Afghanistan’s neighbors, in24 cluding Kazakhstan, Azerbaijan, Tajikistan, 

25 Kyrgyzstan, Turkmenistan, India, and Pakistan; 


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1 (16) the American University of Afghanistan is 

2 an emerging pillar in Afghanistan’s education sys3 tem and has provided a unique opportunity for high4 er education for Afghan youth, especially women; 

5 and 

6 (17) the United States should encourage the 

7 Government of Afghanistan to implement with ur8 gency electoral reforms in accordance with the 

9 ‘‘Agreement between the Two Campaign Teams Re10 garding the Structure of the National Unity Govern11 ment’’. 

12 SEC. 103. UNITED STATES ASSISTANCE POLICY FOR AF13 GHANISTAN. 

14 It is the policy of the United States— 

15 (1) to conduct assistance programs that result 

16 in highly effective, impact driven development out17 comes for the people of Afghanistan while maintain18 ing the highest standards of accountability for 

19 United States taxpayers; 

20 (2) that all United States Government agencies 

21 and entities working in Afghanistan coordinate, 

22 plan, and regularly review plans in a coherent, well23 informed process to develop United States policy and 

24 assistance programming; 


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1 (3) to support the development of effective Gov2 ernment of Afghanistan oversight institutions and 

3 domestic watchdog civil society organizations; 

4 (4) subject to significant evident progress made 

5 in meeting TMAF accountability and improved gov6 ernance as it relates to development, to abide by re7 source commitments made as part of the Tokyo Mu8 tual Accountability Framework; 

9 (5) to provide incentivized assistance to Af10 ghanistan’s governing institutions based upon 

11 verifiable and measurable development outcomes and 

12 on-budget assistance based upon demonstrated ca13 pacity improvements that are mutually agreed to by 

14 the Governments of Afghanistan and the United 

15 States; 

16 (6) to support the development of democratic 

17 governing institutions in Afghanistan, promote the 

18 development of a growing private sector, and 

19 strengthen civil society in Afghanistan; 

20 (7) to recognize that Afghanistan’s sustainable 

21 development is grounded in growing the regional 

22 economy, and to support the efforts of the Govern23 ment and people of Afghanistan to build strong re24 gional economic connectivity with the country’s 

25 neighbors; and 


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1 (8) to support, where appropriate, proven pro2 grams that promote private sector job creation in 

3 Afghanistan. 

4 SEC. 104. EFFECTIVE AFGHANISTAN ASSISTANCE AND AC5 COUNTABILITY. 

6 (a) STRATEGY TO COMBAT CORRUPTION IN AF7 GHANISTAN.— 

8 (1) IN GENERAL.—The Secretary of State, in 

9 consultation with the Secretary of Defense and the 

10 Government of Afghanistan, shall develop a com11 prehensive interagency strategy for United States 

12 assistance that is sustainable and is not counter-pro13 ductive to combating corruption in Afghanistan. 

14 (2) ELEMENTS.—The strategy developed under 

15 paragraph (1) should include the following elements: 

16 (A) Multi-year goals, objectives, and meas17 urable outcomes for targeted activities to 

18 strengthen selected Afghan official institutions 

19 and nongovernmental organizations to prevent, 

20 investigate, deter, and prosecute corruption. 

21 (B) An operational plan incorporating all 

22 United States Government programming to im23 plement the anti-corruption goals and objec24 tives. 


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1 (C) A summary of United States efforts to 

2 coordinate with other international donors to 

3 ensure that anti-corruption advice or program4 ming provided to the Government of Afghani5 stan is not contradictory. 

6 (D) A focus on the development of govern7 mental and nongovernmental Afghan capacity 

8 to ensure accountability and combat corruption. 

9 (E) An evaluation of Afghan civil society 

10 anti-corruption capacities that includes their 

11 ability to use technology to combat corruption. 

12 (b) AFGHANISTAN ANTI-CORRUPTION FUND.— 

13 (1) IN GENERAL.—Subject to the availability of 

14 funds, the President is authorized to provide tech15 nical and financial assistance to official Government 

16 of Afghanistan anti-corruption and audit institutions 

17 and Afghan civil society watchdog groups in support 

18 of the anti-corruption priorities identified by the 

19 Government of Afghanistan and the United States 

20 Government. Subject to careful consideration by the 

21 United States Government of the legitimacy, effi22 cacy, and direct impact and influence of such enti23 ties and individuals, offices, and organizations that 

24 are funded under this subsection could include— 

25 (A) the Supreme Audit Office; 


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1 (B) the Attorney General; 

2 (C) the Ministry of Justice; 

3 (D) Inspectors General within key min4 istries; 

5 (E) the Independent Joint Anti-Corruption 

6 Monitoring and Evaluation Committee (MEC); 

7 (F) the major crimes task force, Technical 

8 Investigative Unit, and the Sensitive Investiga9 tive Unit; 

10 (G) the High Office of Oversight and Anti11 Corruption; 

12 (H) the Anti-Corruption Tribunal; 

13 (I) the Financial Transactions and Reports 

14 Analysis Center of Afghanistan; 

15 (J) the proposed procurement board; and 

16 (K) civil society organizations engaged in 

17 oversight, anti-corruption advocacy, and sup18 port of good governance. 

19 (c) PROMOTION OF HUMAN RIGHTS, PRESS FREE20 DOM, AND SECURITY SECTOR ACCOUNTABILITY.— 

21 (1) IN GENERAL.—Subject to the availability of 

22 funds, the Secretary of State, in cooperation with 

23 the Secretary of Defense, should provide support for 

24 efforts of the Government of Afghanistan to improve 

25 oversight and accountability of the Afghan National 


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1 Security Forces, including the Afghan National Po2 lice, and Afghan local police, and strengthen Afghan 

3 civil society and investigative journalists to provide 

4 watchdog oversight of these institutions. Subject to 

5 due consideration of the legitimacy, efficacy, and di6 rect impact and influence of such entities and indi7 viduals, these efforts could include— 

8 (A) supporting the ANSF to strengthen 

9 the capacity, independence, and power of its in10 ternal Inspector General to collect and inves11 tigate all credible reports of abuse by armed 

12 forces; 

13 (B) supporting the Office of the Attorney 

14 General and the Ministries of Defense and Inte15 rior to be better capable to investigate and, if 

16 appropriate, criminally prosecute police, mili17 tary, intelligence, and militia personnel, regard18 less of rank, found responsible for human rights 

19 abuses and war crimes; 

20 (C) considering establishing a special inde21 pendent mechanism to investigate government 

22 officials and security force officers implicated in 

23 abuses; 

24 (D) supporting the Ministry of Interior to 

25 establish a centralized register of all detainees 


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1 held in police and National Directorate of Secu2 rity custody, and ensure that it is accessible to 

3 independent monitors and is updated regularly 

4 and in a transparent manner; 

5 (E) supporting implementation of the Ac6 cess to Information Law and the 2009 Mass 

7 Media Law, particularly provisions of the latter 

8 that would disband the Media Violations Inves9 tigation Commission and replace it with a Mass 

10 Media Commission; 

11 (F) supporting the Attorney General’s Of12 fice to undertake prompt, impartial, and thor13 ough investigations into all attacks on journal14 ists and media organizations and bring prosecu15 tions as appropriate; and 

16 (G) supporting the further establishment 

17 of civil society organizations to provide essential 

18 ‘‘watchdog’’ oversight of the police and armed 

19 forces; as well as efforts to strengthen and im20 prove coordination among civil society organiza21 tions, such as the Afghan Independent Human 

22 Rights Commission. 

23 (d) DEVELOPMENT OF THE AFGHAN PRIVATE SEC24 TOR.— 


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1 (1) REGIONAL ECONOMIC CONNECTIVITY

2 FUND.— 

3 (A) ESTABLISHMENT.—There is estab4 lished a Regional Economic Connectivity Fund 

5 from which funds may be made available from 

6 existing appropriations to enhance regional eco7 nomic connectivity between Afghanistan and the 

8 countries of South and Central Asia. 

9 (B) PURPOSE.—The purpose of the Re10 gional Economic Connectivity Fund is to pro11 vide support for efforts to enhance Afghani12 stan’s economic connectivity with its neighbors, 

13 thus improving the country’s overall economic 

14 prospects and diminishing the need for inter15 national assistance in the future. The Regional 

16 Economic Connectivity Fund may be used to 

17 support programs in the following areas: 

18 (i) Trade and transit fee normaliza19 tion and electronic payment systems. 

20 (ii) Capacity and skills development to 

21 improve collaboration among countries for 

22 border and customs. 

23 (iii) Women-owned business net24 working. 


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1 (iv) Developing regional options on 

2 transit and customs to facilitate trade. 

3 (v) Enhancing and implementing con4 fidence building measures. 

5 (vi) Encouraging regional energy and 

6 electricity development and sharing. 

7 (vii) Market access and business con8 ferences. 

9 (viii) Intellectual and cultural ex10 changes to engage in regional problem 

11 solving. 

12 (2) TRANSFER AUTHORITY.—In addition to 

13 other transfer authorities available to the Depart14 ment of State, the Department of Defense, the 

15 United States Agency for International Development 

16 (USAID) or other United States Government agen17 cies or departments, funds that are specifically allo18 cated towards addressing the situation in Afghani19 stan may be transferred to programs in South and 

20 Central Asia that promote regional economic 

21 connectivity with substantial and direct benefits to 

22 Afghanistan. 

23 SEC. 105. REPORTS. 

24 (a) REPORTING ON CORRUPTION IN AFGHANI25 STAN.—Not later than one year after the date of the enVerDate Sep 11 2014 23:32 Jul 29, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1875.IS S1875

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1 actment of this Act, and annually thereafter through 

2 2024, the Secretary of State shall submit to the appro3 priate congressional committees a report listing each indi4 vidual who the President determines, based on credible 

5 evidence— 

6 (1) is a Government of Afghanistan official, a 

7 senior associate, or close relative of such an official, 

8 who is responsible for, or complicit in, ordering, con9 trolling, or otherwise directing, acts of significant 

10 corruption, including the expropriation of private or 

11 public assets for personal gain, corruption related to 

12 government contracts or the extraction of natural re13 sources, bribery, or the facilitation or transfer of the 

14 proceeds of corruption to foreign jurisdictions; or 

15 (2) has materially assisted, sponsored, or pro16 vided financial, material, or technological support 

17 for, or goods or services in support of, an activity 

18 described above. 

19 (b) REPORT ON CIVILIAN-MILITARY ASSISTANCE EF20 FORTS IN AFGHANISTAN.— 

21 (1) IN GENERAL.—Not later than one year 

22 after the date of the enactment of this Act, the 

23 Comptroller General of the United States shall sub24 mit to the appropriate congressional committees a 


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1 report on civilian-military assistance efforts in Af2 ghanistan. 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall include the following elements: 

5 (A) A description of lessons learned from 

6 conducting development programming in a con7 flict zone to include recommendations on how to 

8 improve coordination between United States de9 velopment agencies and the United States 

10 Armed Forces. 

11 (B) An assessment of the ability of the 

12 United States Agency for International Devel13 opment to advance development goals within a 

14 conflict environment, operating alongside pro15 viders of United States military assistance. 

16 (C) An assessment of whether funding 

17 under the Commander’s Emergency Response 

18 Program achieved the program’s stated goals 

19 and whether this program had any long-term 

20 development impact, including any negative un21 intended consequences. 

Æ 


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