I 

114TH CONGRESS 

2D SESSION H. R. 6308 

To support enhanced accountability for United States assistance to 

Afghanistan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2016 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

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 2016’’. 

6 SEC. 2. DEFINED TERM. 

7 In this Act, the term ‘‘appropriate congressional com8 mittees’’ means— 

9 (1) the Committee on Foreign Relations of the 

10 Senate; 


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1 (2) the Committee on Appropriations of the 

2 Senate; 

3 (3) the Committee on Armed Services of the 

4 Senate; 

5 (4) the Select Committee on Intelligence of the 

6 Senate; 

7 (5) the Committee on Foreign Affairs of the 

8 House of Representatives; 

9 (6) the Committee on Appropriations of the 

10 House of Representatives; 

11 (7) the Committee on Armed Services of the 

12 House of Representatives; and 

13 (8) the Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 TITLE I—EFFECTIVE AFGHANI16 STAN ASSISTANCE AND AC17 COUNTABILITY 

18 SEC. 101. FINDINGS. 

19 Congress makes the following findings: 

20 (1) Following the terrorist attacks of September 

21 11, 2001, the United States launched Operation En22 during Freedom, and since then the United States 

23 Armed Forces and the Afghan National Security 

24 Forces have made countless sacrifices in defending 

25 Afghanistan against the threat of terrorism and inVerDate Sep 11 2014 04:20 Nov 15, 2016 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308

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1 surgency and by extension the United States and the 

2 wider world. 

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

4 with a broad coalition of nations that has helped to 

5 dramatically improve numerous development indica6 tors within Afghanistan, including— 

7 (A) a dramatic increase in the number of 

8 girls enrolled in primary education from an esti9 mated 5,000 under the Taliban to 2,400,000 

10 girls as of 2010; 

11 (B) an increase in the percentage of indi12 viduals above the poverty line from 25.4 percent 

13 in 2002 to 35.8 percent in 2011; 

14 (C) an increase in the percentage of indi15 viduals who now have access to an improved 

16 water source in rural areas from 22 percent in 

17 2001 to 56 percent in 2012; 

18 (D) a precipitous decline in maternal mor19 tality from 1,200/100,000 births in 1995 to 

20 400/100,000 births in 2013; and 

21 (E) an expansion of women’s rights. 

22 (3) Numerous research studies have shown that 

23 government corruption is a driver of conflict and 

24 particularly so in Afghanistan, where it has served 

25 as a powerful recruitment tool for the Taliban. 


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1 (4) Since the first democratic transfer of power 

2 in the history of Afghanistan in 2014, President 

3 Ashraf Ghani and Chief Executive Officer Abdullah 

4 Abdullah have led a National Unity Government 

5 that has identified key security and development 

6 challenges in order to make Afghanistan a full and 

7 productive member of the community of democratic 

8 nations. 

9 (5) The National Unity Government has re10 newed specific focus on addressing corruption within 

11 the country as a driver of instability, including re12 opening a fraud case involving high level officials 

13 and the Kabul Bank that resulted in the disappear14 ance of an estimated $1,000,000,000. 

15 (6) In its report ‘‘Realizing Self Reliance: Com16 mitments to Reform and Renewed Partnership’’, the 

17 Government of Afghanistan committed to the inter18 national community in London in December 2014, 

19 to address the ‘‘main drivers of corruption in Af20 ghanistan,’’ including ‘‘collusive procurement prac21 tices, weak rule of law and abuse of the legal sys22 tem, and arbitrary regulations that build in incen23 tives to pay bribes’’. Government of Afghanistan 

24 commitments included— 


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1 (A) forming an independent anti-corrup2 tion commission with time-bound prosecutorial 

3 powers; 

4 (B) implementing recommendations by the 

5 Monitoring and Evaluation Committee on a na6 tional action plan to reduce corruption; 

7 (C) requiring all government officials to 

8 provide public declarations of their assets; 

9 (D) meeting all Financial Action Task 

10 Force (FATF) requirements to further limit 

11 and investigate illicit fund flows; 

12 (E) forming a national procurement board 

13 staffed by qualified professionals who will man14 age all large value contracts using internation15 ally recognized standards and procedures; and 

16 (F) delineating the roles, responsibilities, 

17 and jurisdiction of anti-corruption institutions 

18 such as the High Office of Oversight and Anti19 Corruption (HOO) and the Attorney General to 

20 restrict them to focus on their core function of 

21 enforcement instead of oversight. 

22 (7) The December 2014 Government of Af23 ghanistan report ‘‘Realizing Self Reliance: Commit24 ments to Reform and Renewed Partnership’’, exVerDate Sep 11 2014 04:20 Nov 15, 2016 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6308.IH H6308

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1 pressed a commitment to ‘‘enhancing productivity, 

2 growth and revenues’’ by— 

3 (A) developing natural resources through 

4 public-private partnerships that bring in rents, 

5 taxes, and profits; 

6 (B) removing obstacles to trade and transit 

7 and ending smuggling that diverts revenue 

8 away from the treasury; 

9 (C) negotiating expanded market access in 

10 regional and global markets; 

11 (D) gradually formalizing the informal 

12 economy and changing the compact between the 

13 state and citizens to one where citizens pay 

14 taxes for services they tangibly benefit from; 

15 and 

16 (E) transferring government payments 

17 electronically to eliminate losses in transit. 

18 (8) In 2012, international donors and the Gov19 ernment of Afghanistan agreed to the Tokyo Mutual 

20 Accountability Framework (‘‘TMAF’’) which com21 mitted to provide $4,000,000,000 in economic assist22 ance per year from 2012–2015 and sustain assist23 ance at or near the same levels of the past decade 

24 through 2017, while the Government of Afghanistan 

25 committed to meet benchmarks related to democracy 


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1 and governance, public finance and revenue genera2 tion, and economic development. 

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

4 Government of Afghanistan had fallen short in meet5 ing benchmarks related to: revenue collection, the 

6 enhancement of women’s rights, corruption and the 

7 illicit economy, and the protection of human rights. 

8 (10) In the Joint Declaration following the 

9 London Conference on Afghanistan of December 4, 

10 2014, the international community and the new Gov11 ernment of Afghanistan agreed to refresh the exist12 ing TMAF and associated commitments at the 2015 

13 Senior Officials Meeting based on the reform pro14 gram and priorities as laid out by the Government 

15 of Afghanistan. 

16 (11) Afghanistan faces great difficulties in 

17 making progress in countering illegal narcotics and 

18 remains the leading global illicit opium poppy pro19 ducer. 

20 (12) The illegal narcotics trade results in the 

21 transfer of illicit funds and encourages and also re22 quires corrupt financial transactions, and, if mini23 mized, could have beneficial impacts on trade and 

24 reduce overall levels of corruption. 


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1 (13) The international community has endorsed 

2 Afghanistan’s longer-term development following the 

3 war and identified the criticality of the ‘‘trans4 formation decade’’ from 2015–2024 outlined by the 

5 Government of Afghanistan and has acknowledged 

6 that the Government of Afghanistan will seek con7 tinued international assistance in order for it to be8 come a stable, self-sustained partner in the commu9 nity of democratic countries. 

10 (14) As development assistance from the United 

11 States and broader international community gradu12 ally diminishes in the coming years, the accelerated 

13 development of the Afghan private sector and gov14 erning institutions becomes even more necessary to 

15 maintain the gains of the past decade and to en16 hance our mutual goals of Afghan security and sta17 bility. 

18 (15) While Afghan National Security Forces 

19 (ANSF) have taken over lead combat responsibil20 ities, they continue to operate in close coordination 

21 with, and with significant resources from the inter22 national community, under the Resolute Support 

23 Mission and in coordination with ongoing counterter24 rorism operations. Development of civilian oversight 

25 institutions for the security sector has lagged. Such 


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1 oversight will be important for ensuring that Afghan 

2 security forces are accountable and do not abuse 

3 their powers. 

4 SEC. 102. SENSE OF CONGRESS ON UNITED STATES ASSIST5 ANCE AND ACCOUNTABILITY IN AFGHANI6 STAN. 

7 It is the sense of Congress that— 

8 (1) the National Unity Government of Afghani9 stan has made a substantial commitment to reform 

10 that should be supported but also subject to height11 ened scrutiny by the Afghan people and inter12 national donors given past failures and persistent 

13 challenges in the country; 

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

15 having gone through political and security transi16 tions as the international community draws down its 

17 military forces. The international community should 

18 work closely with the new government in supporting 

19 development priorities for the rest of the trans20 formation decade that translate into producing con21 crete development results for the Afghan people; 

22 (3) sustainable accountability and reform of Af23 ghan governing institutions will not come from the 

24 international community but from a commitment by 

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1 forced by domestic watchdog groups and internal 

2 government accountability monitoring mechanisms; 

3 (4) the United States Government should deep4 en its dialogue on anti-corruption efforts with the 

5 Government of Afghanistan to develop effective over6 sight mechanisms to ensure large donor contracts do 

7 not contribute to corruption; 

8 (5) the United States should encourage Af9 ghanistan’s participation in the Open Government 

10 Partnership, a multilateral initiative in which gov11 ernment and civil society collaborate to promote 

12 transparency, fight corruption, and use technologies 

13 to strengthen government; 

14 (6) the United States should urge the Govern15 ment of Afghanistan to build upon existing anti16 money laundering and countering terrorism financ17 ing legislation by developing effective regulations 

18 and institutions to implement reforms; 

19 (7) the United States should urge the Govern20 ment of Afghanistan to broaden personal asset dis21 closures to include members of the covered officials’ 

22 immediate families or households and develop effec23 tive mechanisms for verifying disclosed information; 

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

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1 pose visa bans and asset freezes on those respon2 sible, especially in instances where United States as3 sistance is stolen or misappropriated; 

4 (9) the United States Government should co5 operate with the Government of Afghanistan and 

6 with international donors to develop a series of strict 

7 accountability benchmarks based on the refreshed 

8 Tokyo Mutual Accountability Framework and the 

9 Government of Afghanistan’s own ‘‘Realizing Self 

10 Reliance’’ report commitments that will condition 

11 levels of assistance and the amount of on-budget as12 sistance on anti-corruption performance acceptable 

13 to donors; 

14 (10) the United States should support the Af15 ghan Parliament to refine and strengthen the legal 

16 framework of anti-corruption and anti-money laun17 dering laws to address beneficial ownership, coun18 tering bid-rigging and other contracting and pro19 curement fraud, criminal investigations of financial 

20 transactions, complementary banks, personal asset 

21 or other financial declarations and disclosures as re22 quired by law or regulation, efforts to meet FATF 

23 requirements, and other areas to further inhibit the 

24 illicit flow of money; 


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1 (11) the commitment by the Government of Af2 ghanistan to strengthen its nascent private sector 

3 should be supported and sustained using the full 

4 array of tools of the United States, including tech5 nical and legal assistance; 

6 (12) United States assistance to the Afghan ju7 dicial system and other Afghan legal institutions 

8 that enable and empower private sector development 

9 by instilling greater investor confidence should be 

10 prioritized to ensure the protection of private prop11 erty, the sanctity of contracts, and effective dispute 

12 resolution mechanisms for businesses and investors; 

13 (13) the United States Government should 

14 identify opportunities for the United States to intro15 duce trade facilitation as part of the economic rela16 tionship between the two countries; 

17 (14) the Governments of the United States and 

18 Afghanistan should work together to identify more 

19 Afghan products and raw materials to be included 

20 on the United States Generalized System of Pref21 erences (GSP) treatment list; 

22 (15) the American University of Afghanistan is 

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1 er education for Afghan youth, especially women; 

2 and 

3 (16) the United States should encourage the 

4 Government of Afghanistan to implement with ur5 gency electoral reforms in accordance with the 

6 ‘‘Agreement between the Two Campaign Teams Re7 garding the Structure of the National Unity Govern8 ment’’. 

9 SEC. 103. UNITED STATES ASSISTANCE POLICY FOR AF10 GHANISTAN. 

11 It is the policy of the United States— 

12 (1) to conduct assistance programs that result 

13 in highly effective, impact driven development out14 comes for the people of Afghanistan while maintain15 ing the highest standards of accountability for 

16 United States taxpayers; 

17 (2) that all United States Government agencies 

18 and entities working in Afghanistan coordinate, 

19 plan, and regularly review plans in a coherent, well20 informed process to develop United States policy and 

21 assistance programming; 

22 (3) to support the development of effective Gov23 ernment of Afghanistan oversight institutions and 

24 domestic watchdog civil society organizations; 


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1 (4) subject to significant evident progress made 

2 in meeting TMAF accountability and improved gov3 ernance as it relates to development, to abide by re4 source commitments made as part of the Tokyo Mu5 tual Accountability Framework; 

6 (5) to provide incentivized assistance to Af7 ghanistan’s governing institutions based upon 

8 verifiable and measurable development outcomes and 

9 on-budget assistance based upon demonstrated ca10 pacity improvements that are mutually agreed to by 

11 the Government of Afghanistan and the Government 

12 of the United States; 

13 (6) to support the development of democratic 

14 governing institutions in Afghanistan, promote the 

15 development of a growing private sector, and 

16 strengthen civil society in Afghanistan; 

17 (7) to recognize that Afghanistan’s sustainable 

18 development is grounded in growing the regional 

19 economy, and to support the efforts of the Govern20 ment and people of Afghanistan to build strong re21 gional economic connectivity with the country’s 

22 neighbors; 

23 (8) to support, where appropriate, proven pro24 grams that promote private sector job creation in 

25 Afghanistan; and 


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1 (9) that assistance programs in direct support 

2 of Afghan women and girls remain a priority for the 

3 United States, including specific efforts to support 

4 women and girls education, meaningful engagement 

5 in political and reconciliation processes, training and 

6 recruitment of Afghan female police and security 

7 forces, advancement of women’s legal rights, eco8 nomic development, and efforts to increase the over9 all health and well-being of Afghan women and girls. 

10 SEC. 104. EFFECTIVE AFGHANISTAN ASSISTANCE AND AC11 COUNTABILITY. 

12 (a) STRATEGY TO COMBAT CORRUPTION IN AF13 GHANISTAN.— 

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

15 consultation with the Secretary of Defense and the 

16 Government of Afghanistan, shall develop a com17 prehensive interagency strategy for United States 

18 assistance that is sustainable and is not counter19 productive to combating corruption in Afghanistan. 

20 (2) ELEMENTS.—The strategy developed under 

21 paragraph (1) should include the following elements: 

22 (A) Multi-year goals, objectives, and meas23 urable outcomes for targeted activities to 

24 strengthen selected Afghan official institutions 


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1 and nongovernmental organizations to prevent, 

2 investigate, deter, and prosecute corruption. 

3 (B) An operational plan incorporating all 

4 United States Government programming to im5 plement the anti-corruption goals and objec6 tives. 

7 (C) A summary of United States efforts to 

8 coordinate with other international donors to 

9 ensure that anti-corruption advice or program10 ming provided to the Government of Afghani11 stan is not contradictory. 

12 (D) A focus on the development of govern13 mental and nongovernmental Afghan capacity 

14 to ensure accountability and combat corruption. 

15 (E) An evaluation of Afghan civil society 

16 anti-corruption capacities that includes their 

17 ability to use technology to combat corruption. 

18 (b) AFGHANISTAN ANTI-CORRUPTION FUND.—Sub19 ject to the availability of funds, the President is authorized 

20 to provide technical and financial assistance to official 

21 Government of Afghanistan anti-corruption and audit in22 stitutions and Afghan civil society watchdog groups in 

23 support of the anti-corruption priorities identified by the 

24 Government of Afghanistan and the United States Gov25 ernment. Subject to careful consideration by the United 


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1 States Government of the legitimacy, efficacy, and direct 

2 impact and influence of such entities and individuals, of3 fices, and organizations that are funded under this sub4 section could include— 

5 (1) the Supreme Audit Office; 

6 (2) the Attorney General; 

7 (3) the Ministry of Justice; 

8 (4) Inspectors General within key ministries; 

9 (5) the Independent Joint Anti-Corruption 

10 Monitoring and Evaluation Committee (MEC); 

11 (6) the major crimes task force, Technical In12 vestigative Unit, and the Sensitive Investigative 

13 Unit; 

14 (7) the High Office of Oversight and Anti-Cor15 ruption; 

16 (8) the Anti-Corruption Tribunal; 

17 (9) the Financial Transactions and Reports 

18 Analysis Center of Afghanistan; 

19 (10) the proposed procurement board; and 

20 (11) civil society organizations engaged in over21 sight, anti-corruption advocacy, and support of good 

22 governance. 

23 (c) PROMOTION OF HUMAN RIGHTS, PRESS FREE24 DOM, AND SECURITY SECTOR ACCOUNTABILITY.— 


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

2 funds, the Secretary of State, in consultation with 

3 the Secretary of Defense, is authorized to provide 

4 support for efforts of the Government of Afghani5 stan to improve oversight and accountability of the 

6 Afghan National Security Forces, including the Af7 ghan National Police, and Afghan local police, and 

8 strengthen Afghan civil society and investigative 

9 journalists to provide watchdog oversight of these in10 stitutions. Subject to due consideration of the legit11 imacy, efficacy, and direct impact and influence of 

12 such entities and individuals, these efforts could in13 clude— 

14 (A) supporting the ANSF to strengthen 

15 the capacity, independence, and power of its in16 ternal Inspector General to collect and inves17 tigate all credible reports of abuse by armed 

18 forces; 

19 (B) supporting the Office of the Attorney 

20 General and the Ministries of Defense and Inte21 rior to be better capable to investigate and, if 

22 appropriate, criminally prosecute police, mili23 tary, intelligence, and militia personnel, regard24 less of rank, found responsible for human rights 

25 abuses and war crimes; 


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1 (C) considering establishing a special inde2 pendent mechanism to investigate government 

3 officials and security force officers implicated in 

4 abuses; 

5 (D) supporting the Ministry of Interior to 

6 establish a centralized register of all detainees 

7 held in police and National Directorate of Secu8 rity custody, and ensure that it is accessible to 

9 independent monitors and is updated regularly 

10 and in a transparent manner; 

11 (E) supporting implementation of the Ac12 cess to Information Law and the 2009 Mass 

13 Media Law, particularly provisions of the latter 

14 that would disband the Media Violations Inves15 tigation Commission and replace it with a Mass 

16 Media Commission; 

17 (F) supporting the Attorney General’s Of18 fice to undertake prompt, impartial, and thor19 ough investigations into all attacks on journal20 ists and media organizations and bring prosecu21 tions as appropriate; and 

22 (G) supporting the further establishment 

23 of civil society organizations to provide essential 

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

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1 prove coordination among civil society organiza2 tions, such as the Afghan Independent Human 

3 Rights Commission. 

4 SEC. 105. REPORTS. 

5 (a) REPORTING ON CORRUPTION IN AFGHANI6 STAN.—Not later than 1 year after the date of the enact7 ment of this Act, and annually thereafter through 2024, 

8 the Secretary of State shall submit to the appropriate con9 gressional committees a report listing each individual who 

10 the President determines, based on credible evidence— 

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

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

13 who is responsible for, or complicit in, ordering, con14 trolling, or otherwise directing, acts of significant 

15 corruption, including the expropriation of private or 

16 public assets for personal gain, corruption related to 

17 government contracts or the extraction of natural re18 sources, bribery, or the facilitation or transfer of the 

19 proceeds of corruption to foreign jurisdictions; or 

20 (2) has materially assisted, sponsored, or pro21 vided financial, material, or technological support 

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

23 described above. 

24 (b) REPORT ON CIVILIAN-MILITARY ASSISTANCE EF25 FORTS IN AFGHANISTAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Comp3 troller General of the United States shall submit a 

4 report to the appropriate congressional committees 

5 that describes civilian-military assistance efforts in 

6 Afghanistan. 

7 (2) ELEMENTS.—The report required under 

8 paragraph (1) shall include the following elements: 

9 (A) A description of lessons learned from 

10 conducting development programming in Af11 ghanistan to include recommendations on how 

12 to improve coordination between United States 

13 development agencies and the United States 

14 Armed Forces. 

15 (B) An assessment of the ability of the 

16 United States Agency for International Devel17 opment to advance development goals within 

18 Afghanistan, operating alongside providers of 

19 United States military assistance. 

20 (C) An assessment of whether funding 

21 under the Commander’s Emergency Response 

22 Program achieved the program’s counterinsur23 gency goals, including force protection, and 

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1 opment impact, including any negative unin2 tended consequences. 

Æ 


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