[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 5383-5387]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3884. Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Cornyn, Mr. 
Whitehouse, Mr. Lee, Mr. Schumer, Mr. Graham, Mr. Leahy, Mr. Booker, 
Mr. Cochran, Mr. Bennet, Mr. Kirk, Mr. Manchin, Mr. Sullivan, Mr. 
Daines, Ms. Mikulski, and Mr. Nelson) submitted an amendment intended 
to be proposed by him to the bill S. 2123, to reform sentencing laws 
and correctional institutions, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 143, line 12, insert ``and for which the offender's 
     release from any term of imprisonment was within 15 years of 
     the commencement of the instant offense'' before the period.
       On page 146, line 11, insert ``a term of imprisonment may 
     be reduced only if the defendant has not been convicted of 
     any serious violent felony and'' after ``offense,''.
       On page 146, line 12, strike ``may''.
       On page 146, beginning on line 15, strike ``, reduce the 
     term of imprisonment for the offense''.
       On page 146, line 21, strike ``if such'' and insert 
     ``finds''.
       On page 147, line 7, insert ``, including a review of any 
     prior criminal conduct or any other relevant information from 
     Federal, State, and local authorities'' after ``section''.
       On page 147, strike lines 11 through 20, and insert the 
     following:
       (1) in subsection (f)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``or section 1010'' and inserting ``, 
     section 1010''; and
       (ii) by inserting ``, or section 70503 or 70506 of title 
     46'' after ``963)'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) the defendant does not have--
       ``(A) more than 4 criminal history points, excluding any 
     criminal history points resulting from a 1-point offense, as 
     determined under the sentencing guidelines;
       ``(B) a prior 3-point offense, as determined under the 
     sentencing guidelines; and
       ``(C) a prior 2-point violent offense, as determined under 
     the sentencing guidelines;''; and
       (C) after paragraph (5), by inserting the following:

     ``Information disclosed by a defendant under this subsection 
     may not be used to enhance

[[Page 5384]]

     the sentence of the defendant unless the information relates 
     to a violent offense.''; and
       On page 148, strike lines 15 through 25 and insert the 
     following:
       ``(h) Definition of Violent Offense.--As used in this 
     section, the term `violent offense' means a `crime of 
     violence', as defined in section 16, that is punishable by 
     imprisonment.''.
       On page 149, line 13, strike ``or section'' and insert ``, 
     section''.
       On page 149, line 14, insert ``, or section 70503 or 70506 
     of title 46,'' after ``963)''.
       On page 150, strike lines 7 through 14 and insert the 
     following:
       ``(3) the defendant was not an organizer, leader, manager, 
     or supervisor of other participants in the offense, as 
     determined under the sentencing guidelines;
       On page 150, line 20, insert ``, unless the defendant was a 
     minor or minimal participant, as determined under the 
     sentencing guidelines'' before the semicolon.
       On page 151, between lines 8 and 9, insert the following:

     ``Information disclosed by a defendant under this subsection 
     may not be used to enhance the sentence of the defendant 
     unless the information relates to a violent offense.
       On page 152, strike lines 10 through 20 and insert the 
     following: ``United States Code, is amended, in the matter 
     preceding clause (i), by striking `second or subsequent 
     conviction under this subsection' and inserting `violation of 
     this subsection that occurs after a prior conviction under 
     this subsection has become final'.''.
       On page 153, line 8, insert ``a term of imprisonment may be 
     reduced only if the instant violation was for a drug 
     trafficking offense that did not involve a violation of 
     clause (ii) or (iii) of section 924(c)(1)(A) of title 18, 
     United States Code, the defendant has not otherwise been 
     convicted of any serious violent felony, and'' after 
     ``offense,''.
       On page 153, line 9, strike ``may''.
       On page 153, beginning on line 12, strike ``, reduce the 
     term of imprisonment for the offense''.
       On page 153, line 18, strike ``if such'' and insert 
     ``finds''.
       On page 154, line 4, insert ``, including a review of any 
     prior criminal conduct or any other relevant information from 
     Federal, State, and local authorities'' after ``section''.
       Beginning on page 154, strike line 5 and all that follows 
     through page 155, line 23.
       On page 156, line 1, strike ``106'' and insert ``105''.
       On page 157, line 1, strike ``107'' and insert ``106''.
       On page 158, line 1, strike ``108'' and insert ``107''.
       On page 162, line 3, strike ``109'' and insert ``108''.
       On page 162, line 25, insert ``and organized by Federal 
     district where applicable'' after ``paragraph (1)''.
       On page 163, line 5, insert ``, including referrals from 
     investigative agencies of the Department of Justice,'' after 
     ``prosecution''.
       On page 166, between lines 12 and 13, insert the following:

     SEC. 109. FENTANYL.

       (a) Controlled Substances Act Amendment.--Section 401(b) of 
     the Controlled Substances Act (21 U.S.C. 841(b)) is amended 
     by adding at the end the following:
       ``(8)(A) In the case of a violation of subsection (a), if 
     the mixture or substance containing a detectable amount of 
     heroin also contains a detectable amount of N-phenyl-N-[ 1-
     (2-phenylethyl) -4-piperidinyl] propanamide or any analogue 
     of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
     propanamide, then a court shall--
       ``(i) not impose a term of probation; and
       ``(ii) in addition to the term of punishment for the 
     violation of this section, impose a term of imprisonment not 
     to exceed 5 years.
       ``(B) A term of imprisonment imposed on a person under 
     subparagraph (A)(ii) may not run concurrently with any term 
     of imprisonment imposed on the person under any other 
     provision of law.
       ``(9)(A) In the case of a violation of subsection (a), if 
     the mixture or substance containing a detectable amount of N-
     phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or 
     any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
     piperidinyl] propanamide was represented to be or sold as 
     heroin, then a court shall--
       ``(i) not impose a term of probation; and
       ``(ii) in addition to the term of punishment for the 
     violation of this section, impose a term of imprisonment not 
     to exceed 5 years.
       ``(B) A term of imprisonment imposed on a person under 
     subparagraph (A)(ii) may not run concurrently with any term 
     of imprisonment imposed on the person under any other 
     provision of law.''.
       (b) Controlled Substances Import and Export Act 
     Amendment.--Section 1010(b) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)) is amended by adding 
     at the end the following:
       ``(8)(A) In the case of a violation of subsection (a), if 
     the mixture or substance containing a detectable amount of 
     heroin also contains a detectable amount of N-phenyl-N-[ 1-
     (2-phenylethyl) -4-piperidinyl] propanamide or any analogue 
     of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] 
     propanamide, then a court shall--
       ``(i) not impose a term of probation; and
       ``(ii) in addition to the term of punishment for the 
     violation of this section, impose a term of imprisonment not 
     to exceed 5 years.
       ``(B) A term of imprisonment imposed on a person under 
     subparagraph (A)(ii) may not run concurrently with any term 
     of imprisonment imposed on the person under any other 
     provision of law.
       ``(9)(A) In the case of a violation of subsection (a), if 
     the mixture or substance containing a detectable amount of N-
     phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or 
     any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-
     piperidinyl] propanamide was represented to be or sold as 
     heroin, then a court shall--
       ``(i) not impose a term of probation; and
       ``(ii) in addition to the term of punishment for the 
     violation of this section, impose a term of imprisonment not 
     to exceed 5 years.
       ``(B) A term of imprisonment imposed on a person under 
     subparagraph (A)(ii) may not run concurrently with any term 
     of imprisonment imposed on the person under any other 
     provision of law.''.
       On page 170, beginning on line 1, strike ``Private entities 
     that will, on a volunteer basis'' and insert ``Nonprofit or 
     other private organizations, including faith-based and 
     community-based organizations, that will''.
       On page 178, strike line 21 and all that follows through 
     page 179, line 10 and insert the following:
       ``(A) Eligible prisoner.--The term `eligible prisoner' 
     means--
       ``(i) an individual who has been sentenced to a term of 
     imprisonment pursuant to a conviction for a Federal criminal 
     offense; or
       ``(ii) an individual within the custody of the Bureau of 
     Prisons, including an individual in a Bureau of Prisons 
     contracted facility.''.
       On page 191, line 21, strike ``In'' and insert 
     ``Notwithstanding the 10 percent limit described in paragraph 
     (1) and in''.
       On page 203, line 8, strike ``title'' and insert ``Act''.
       On page 203, line 9, strike ``title'' and insert ``Act''.
       On page 203, line 24, strike ``and''.
       On page 204, line 5, strike the period and insert ``; 
     and''.
       On page 204, between lines 5 and 6, insert the following:
       (iv) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this Act, and the amendments made by this Act, are currently 
     being used and will be used to--

       (I) increase investment in law enforcement and crime 
     prevention to combat gangs of national significance and high-
     level drug traffickers through the High Intensity Drug 
     Trafficking Areas program and other task forces;
       (II) hire, train, and equip law enforcement officers and 
     prosecutors; and
       (III) promote crime reduction programs using evidence-based 
     practices and strategic planning to help reduce crime and 
     criminal recidivism.

       On page 226, line 17, insert ``and the Secretary of Labor'' 
     after ``Affairs''.
       On page 227, line 3, insert ``and the Secretary of Labor'' 
     after ``Affairs''.
       On page 227, line 8, insert ``and the Secretary of Labor'' 
     after ``Affairs''.
       On page 227, line 12, insert ``and dol'' after ``VA''.
       On page 227, line 13, insert ``and the Department of 
     Labor'' after ``Affairs''.
                                 ______
                                 
  SA 3885. Mr. McCONNELL (for Mr. Menendez) proposed an amendment to 
the bill S. 1875, to support enhanced accountability for United States 
assistance to Afghanistan, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Afghanistan Accountability 
     Act of 2015''.

     SEC. 2. DEFINED TERM.

       In this Act, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Armed Services of the Senate;
       (4) the Select Committee on Intelligence of the Senate;
       (5) the Committee on Foreign Affairs of the House of 
     Representatives;
       (6) the Committee on Appropriations of the House of 
     Representatives;
       (7) the Committee on Armed Services of the House of 
     Representatives; and
       (8) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

      TITLE I--EFFECTIVE AFGHANISTAN ASSISTANCE AND ACCOUNTABILITY

     SEC. 101. FINDINGS.

       Congress makes the following findings:
       (1) Following the terrorist attacks of September 11, 2001, 
     the United States launched Operation Enduring Freedom, and 
     since then the United States Armed Forces and the Afghan 
     National Security Forces have made countless sacrifices in 
     defending Afghanistan against the threat of terrorism and 
     insurgency and by extension the United States and the wider 
     world.

[[Page 5385]]

       (2) Since 2001, the United States has worked with a broad 
     coalition of nations that has helped to dramatically improve 
     numerous development indicators within Afghanistan, 
     including--
       (A) a dramatic increase in the number of girls enrolled in 
     primary education from an estimated 5,000 under the Taliban 
     to 2,400,000 girls as of 2010;
       (B) an increase in the percentage of individuals above the 
     poverty line from 25.4 percent in 2002 to 35.8 percent in 
     2011;
       (C) an increase in the percentage of individuals who now 
     have access to an improved water source in rural areas from 
     22 percent in 2001 to 56 percent in 2012;
       (D) a precipitous decline in maternal mortality from 1200/
     100,000 births in 1995 to 400/100,000 births in 2013; and
       (E) an expansion of women's rights.
       (3) Numerous research studies have shown that government 
     corruption is a driver of conflict and particularly so in 
     Afghanistan, where it has served as a powerful recruitment 
     tool for the Taliban.
       (4) Since the first democratic transfer of power in the 
     history of Afghanistan in 2014, President Ashraf Ghani and 
     Chief Executive Officer Abdullah Abdullah have led a National 
     Unity Government that has identified key security and 
     development challenges in order to make Afghanistan a full 
     and productive member of the community of democratic nations.
       (5) The National Unity Government has renewed specific 
     focus on addressing corruption within the country as a driver 
     of instability, including reopening a fraud case involving 
     high level officials and the Kabul Bank that resulted in the 
     disappearance of an estimated $1,000,000,000.
       (6) In its report ``Realizing Self Reliance: Commitments to 
     Reform and Renewed Partnership'', the Government of 
     Afghanistan committed to the international community in 
     London in December 2014, to address the ``main drivers of 
     corruption in Afghanistan,'' including ``collusive 
     procurement practices, weak rule of law and abuse of the 
     legal system, and arbitrary regulations that build in 
     incentives to pay bribes''. Government of Afghanistan 
     commitments included--
       (A) forming an independent anti-corruption commission with 
     time-bound prosecutorial powers;
       (B) implementing recommendations by the Monitoring and 
     Evaluation Committee on a national action plan to reduce 
     corruption;
       (C) requiring all government officials to provide public 
     declarations of their assets;
       (D) meeting all Financial Action Task Force (FATF) 
     requirements to further limit and investigate illicit fund 
     flows;
       (E) forming a national procurement board staffed by 
     qualified professionals who will manage all large value 
     contracts using internationally recognized standards and 
     procedures; and
       (F) delineating the roles, responsibilities, and 
     jurisdiction of anti-corruption institutions such as the High 
     Office of Oversight and Anti-Corruption (HOO) and the 
     Attorney General to restrict them to focus on their core 
     function of enforcement instead of oversight.
       (7) The December 2014 Government of Afghanistan report 
     ``Realizing Self Reliance: Commitments to Reform and Renewed 
     Partnership'', expressed a commitment to ``enhancing 
     productivity, growth and revenues'' by--
       (A) developing natural resources through public-private 
     partnerships that bring in rents, taxes, and profits;
       (B) removing obstacles to trade and transit and ending 
     smuggling that diverts revenue away from the treasury;
       (C) negotiating expanded market access in regional and 
     global markets;
       (D) gradually formalizing the informal economy and changing 
     the compact between the state and citizens to one where 
     citizens pay taxes for services they tangibly benefit from; 
     and
       (E) transferring government payments electronically to 
     eliminate losses in transit.
       (8) In 2012, international donors and the Government of 
     Afghanistan agreed to the Tokyo Mutual Accountability 
     Framework (``TMAF'') which committed to provide 
     $4,000,000,000 in economic assistance per year from 2012-2015 
     and sustain assistance at or near the same levels of the past 
     decade through 2017, while the Government of Afghanistan 
     committed to meet benchmarks related to democracy and 
     governance, public finance and revenue generation, and 
     economic development.
       (9) At the end of 2014, under the TMAF, the Government of 
     Afghanistan had fallen short in meeting benchmarks related 
     to: revenue collection, the enhancement of women's rights, 
     corruption and the illicit economy, and the protection of 
     human rights.
       (10) In the Joint Declaration following the London 
     Conference on Afghanistan of December 4, 2014, the 
     international community and the new Government of Afghanistan 
     agreed to refresh the existing TMAF and associated 
     commitments at the 2015 Senior Officials Meeting based on the 
     reform program and priorities as laid out by the Government 
     of Afghanistan.
       (11) Afghanistan faces great difficulties in making 
     progress in countering illegal narcotics and remains the 
     leading global illicit opium poppy producer.
       (12) The illegal narcotics trade results in the transfer of 
     illicit funds and encourages and also requires corrupt 
     financial transactions, and, if minimized, could have 
     beneficial impacts on trade and reduce overall levels of 
     corruption.
       (13) The international community has endorsed Afghanistan's 
     longer-term development following the war and identified the 
     criticality of the ``transformation decade'' from 2015-2024 
     outlined by the Government of Afghanistan and has 
     acknowledged that the Government of Afghanistan will seek 
     continued international assistance in order for it to become 
     a stable, self-sustained partner in the community of 
     democratic countries.
       (14) As development assistance from the United States and 
     broader international community gradually diminishes in the 
     coming years, the accelerated development of the Afghan 
     private sector and governing institutions becomes even more 
     necessary to maintain the gains of the past decade and to 
     enhance our mutual goals of Afghan security and stability.
       (15) While Afghan National Security Forces (ANSF) have 
     taken over lead combat responsibilities, they continue to 
     operate in close coordination with, and with significant 
     resources from the international community, under the 
     Resolute Support Mission and in coordination with ongoing 
     counter-terrorism operations. Development of civilian 
     oversight institutions for the security sector has lagged. 
     Such oversight will be important for ensuring that Afghan 
     security forces are accountable and do not abuse their 
     powers.

     SEC. 102. SENSE OF CONGRESS ON UNITED STATES ASSISTANCE AND 
                   ACCOUNTABILITY IN AFGHANISTAN.

       It is the sense of Congress that--
       (1) the National Unity Government of Afghanistan has made a 
     substantial commitment to reform that should be supported but 
     also subject to heightened scrutiny by the Afghan people and 
     international donors given past failures and persistent 
     challenges in the country;
       (2) Afghanistan is at a critical inflection point, having 
     gone through political and security transitions as the 
     international community draws down its military forces. The 
     international community should work closely with the new 
     government in supporting development priorities for the rest 
     of the transformation decade that translate into producing 
     concrete development results for the Afghan people;
       (3) sustainable accountability and reform of Afghan 
     governing institutions will not come from the international 
     community but from a commitment by the Government of 
     Afghanistan and society reinforced by domestic watchdog 
     groups and internal government accountability monitoring 
     mechanisms;
       (4) the United States Government should deepen its dialogue 
     on anti-corruption efforts with the Government of Afghanistan 
     to develop effective oversight mechanisms to ensure large 
     donor contracts do not contribute to corruption;
       (5) the United States should encourage Afghanistan's 
     participation in the Open Government Partnership, a 
     multilateral initiative in which government and civil society 
     collaborate to promote transparency, fight corruption, and 
     use technologies to strengthen government;
       (6) the United States should urge the Government of 
     Afghanistan to build upon existing anti-money laundering and 
     countering terrorism financing legislation by developing 
     effective regulations and institutions to implement reforms;
       (7) the United States should urge the Government of 
     Afghanistan to broaden personal asset disclosures to include 
     members of the covered officials' immediate families or 
     households and develop effective mechanisms for verifying 
     disclosed information;
       (8) in the event of future egregious cases of corruption in 
     Afghanistan, the President should impose visa bans and asset 
     freezes on those responsible, especially in instances where 
     United States assistance is stolen or misappropriated;
       (9) the United States Government should cooperate with the 
     Government of Afghanistan and with international donors to 
     develop a series of strict accountability benchmarks based on 
     the refreshed Tokyo Mutual Accountability Framework and the 
     Government of Afghanistan's own ``Realizing Self Reliance'' 
     report commitments that will condition levels of assistance 
     and the amount of on-budget assistance on anti-corruption 
     performance acceptable to donors;
       (10) the United States should support the Afghan Parliament 
     to refine and strengthen the legal framework of anti-
     corruption and anti-money laundering laws to address 
     beneficial ownership, countering bid-rigging and other 
     contracting and procurement fraud, criminal investigations of 
     financial transactions, complementary banks, personal asset 
     or other financial declarations and disclosures as required 
     by law or regulation, efforts to meet FATF requirements, and 
     other areas to further inhibit the illicit flow of money;
       (11) the commitment by the Government of Afghanistan to 
     strengthen its nascent private sector should be supported and 
     sustained using the full array of tools of the

[[Page 5386]]

     United States, including technical and legal assistance;
       (12) United States assistance to the Afghan judicial system 
     and other Afghan legal institutions that enable and empower 
     private sector development by instilling greater investor 
     confidence should be prioritized to ensure the protection of 
     private property, the sanctity of contracts, and effective 
     dispute resolution mechanisms for businesses and investors;
       (13) the United States Government should identify 
     opportunities for the United States to introduce trade 
     facilitation as part of the economic relationship between the 
     2 countries;
       (14) the Governments of the United States and Afghanistan 
     should work together to identify more Afghan products and raw 
     materials to be included on the United States Generalized 
     System of Preferences (GSP) treatment list;
       (15) the American University of Afghanistan is an emerging 
     pillar in Afghanistan's education system and has provided a 
     unique opportunity for higher education for Afghan youth, 
     especially women; and
       (16) the United States should encourage the Government of 
     Afghanistan to implement with urgency electoral reforms in 
     accordance with the ``Agreement between the Two Campaign 
     Teams Regarding the Structure of the National Unity 
     Government''.

     SEC. 103. UNITED STATES ASSISTANCE POLICY FOR AFGHANISTAN.

       It is the policy of the United States--
       (1) to conduct assistance programs that result in highly 
     effective, impact driven development outcomes for the people 
     of Afghanistan while maintaining the highest standards of 
     accountability for United States taxpayers;
       (2) that all United States Government agencies and entities 
     working in Afghanistan coordinate, plan, and regularly review 
     plans in a coherent, well-informed process to develop United 
     States policy and assistance programming;
       (3) to support the development of effective Government of 
     Afghanistan oversight institutions and domestic watchdog 
     civil society organizations;
       (4) subject to significant evident progress made in meeting 
     TMAF accountability and improved governance as it relates to 
     development, to abide by resource commitments made as part of 
     the Tokyo Mutual Accountability Framework;
       (5) to provide incentivized assistance to Afghanistan's 
     governing institutions based upon verifiable and measurable 
     development outcomes and on-budget assistance based upon 
     demonstrated capacity improvements that are mutually agreed 
     to by the Government of Afghanistan and Government of the 
     United States;
       (6) to support the development of democratic governing 
     institutions in Afghanistan, promote the development of a 
     growing private sector, and strengthen civil society in 
     Afghanistan;
       (7) to recognize that Afghanistan's sustainable development 
     is grounded in growing the regional economy, and to support 
     the efforts of the Government and people of Afghanistan to 
     build strong regional economic connectivity with the 
     country's neighbors;
       (8) to support, where appropriate, proven programs that 
     promote private sector job creation in Afghanistan; and
       (9) that assistance programs in direct support of Afghan 
     women and girls remain a priority for the United States, 
     including specific efforts to support women and girls 
     education, meaningful engagement in political and 
     reconciliation processes, training and recruitment of Afghan 
     female police and security forces, advancement of women's 
     legal rights, economic development, and efforts to increase 
     the overall health and well-being of Afghan women and girls.

     SEC. 104. EFFECTIVE AFGHANISTAN ASSISTANCE AND 
                   ACCOUNTABILITY.

       (a) Strategy to Combat Corruption in Afghanistan.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Defense and the Government of 
     Afghanistan, shall develop a comprehensive interagency 
     strategy for United States assistance that is sustainable and 
     is not counter-productive to combating corruption in 
     Afghanistan.
       (2) Elements.--The strategy developed under paragraph (1) 
     should include the following elements:
       (A) Multi-year goals, objectives, and measurable outcomes 
     for targeted activities to strengthen selected Afghan 
     official institutions and nongovernmental organizations to 
     prevent, investigate, deter, and prosecute corruption.
       (B) An operational plan incorporating all United States 
     Government programming to implement the anti-corruption goals 
     and objectives.
       (C) A summary of United States efforts to coordinate with 
     other international donors to ensure that anti-corruption 
     advice or programming provided to the Government of 
     Afghanistan is not contradictory.
       (D) A focus on the development of governmental and 
     nongovernmental Afghan capacity to ensure accountability and 
     combat corruption.
       (E) An evaluation of Afghan civil society anti-corruption 
     capacities that includes their ability to use technology to 
     combat corruption.
       (b) Afghanistan Anti-corruption Fund.--Subject to the 
     availability of funds, the President is authorized to provide 
     technical and financial assistance to official Government of 
     Afghanistan anti-corruption and audit institutions and Afghan 
     civil society watchdog groups in support of the anti-
     corruption priorities identified by the Government of 
     Afghanistan and the United States Government. Subject to 
     careful consideration by the United States Government of the 
     legitimacy, efficacy, and direct impact and influence of such 
     entities and individuals, offices, and organizations that are 
     funded under this subsection could include--
       (1) the Supreme Audit Office;
       (2) the Attorney General;
       (3) the Ministry of Justice;
       (4) Inspectors General within key ministries;
       (5) the Independent Joint Anti-Corruption Monitoring and 
     Evaluation Committee (MEC);
       (6) the major crimes task force, Technical Investigative 
     Unit, and the Sensitive Investigative Unit;
       (7) the High Office of Oversight and Anti-Corruption;
       (8) the Anti-Corruption Tribunal;
       (9) the Financial Transactions and Reports Analysis Center 
     of Afghanistan;
       (10) the proposed procurement board; and
       (11) civil society organizations engaged in oversight, 
     anti-corruption advocacy, and support of good governance.
       (c) Promotion of Human Rights, Press Freedom, and Security 
     Sector Accountability.--
       (1) In general.--Subject to the availability of funds, the 
     Secretary of State, in consultation with the Secretary of 
     Defense, is authorized to provide support for efforts of the 
     Government of Afghanistan to improve oversight and 
     accountability of the Afghan National Security Forces, 
     including the Afghan National Police, and Afghan local 
     police, and strengthen Afghan civil society and investigative 
     journalists to provide watchdog oversight of these 
     institutions. Subject to due consideration of the legitimacy, 
     efficacy, and direct impact and influence of such entities 
     and individuals, these efforts could include--
       (A) supporting the ANSF to strengthen the capacity, 
     independence, and power of its internal Inspector General to 
     collect and investigate all credible reports of abuse by 
     armed forces;
       (B) supporting the Office of the Attorney General and the 
     Ministries of Defense and Interior to be better capable to 
     investigate and, if appropriate, criminally prosecute police, 
     military, intelligence, and militia personnel, regardless of 
     rank, found responsible for human rights abuses and war 
     crimes;
       (C) considering establishing a special independent 
     mechanism to investigate government officials and security 
     force officers implicated in abuses;
       (D) supporting the Ministry of Interior to establish a 
     centralized register of all detainees held in police and 
     National Directorate of Security custody, and ensure that it 
     is accessible to independent monitors and is updated 
     regularly and in a transparent manner;
       (E) supporting implementation of the Access to Information 
     Law and the 2009 Mass Media Law, particularly provisions of 
     the latter that would disband the Media Violations 
     Investigation Commission and replace it with a Mass Media 
     Commission;
       (F) supporting the Attorney General's Office to undertake 
     prompt, impartial, and thorough investigations into all 
     attacks on journalists and media organizations and bring 
     prosecutions as appropriate; and
       (G) supporting the further establishment of civil society 
     organizations to provide essential ``watchdog'' oversight of 
     the police and armed forces; as well as efforts to strengthen 
     and improve coordination among civil society organizations, 
     such as the Afghan Independent Human Rights Commission.

     SEC. 105. REPORTS.

       (a) Reporting on Corruption in Afghanistan.--Not later than 
     1 year after the date of the enactment of this Act, and 
     annually thereafter through 2024, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report listing each individual who the President determines, 
     based on credible evidence--
       (1) is a Government of Afghanistan official, a senior 
     associate, or close relative of such an official, who is 
     responsible for, or complicit in, ordering, controlling, or 
     otherwise directing, acts of significant corruption, 
     including the expropriation of private or public assets for 
     personal gain, corruption related to government contracts or 
     the extraction of natural resources, bribery, or the 
     facilitation or transfer of the proceeds of corruption to 
     foreign jurisdictions; or
       (2) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services in support of, an activity described above.
       (b) Report on Civilian-military Assistance Efforts in 
     Afghanistan.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States

[[Page 5387]]

     shall submit a report to the appropriate congressional 
     committees that describes civilian-military assistance 
     efforts in Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of lessons learned from conducting 
     development programming in Afghanistan to include 
     recommendations on how to improve coordination between United 
     States development agencies and the United States Armed 
     Forces.
       (B) An assessment of the ability of the United States 
     Agency for International Development to advance development 
     goals within Afghanistan, operating alongside providers of 
     United States military assistance.
       (C) An assessment of whether funding under the Commander's 
     Emergency Response Program achieved the program's 
     counterinsurgency goals, including force protection, and 
     whether this program had any long term development impact, 
     including any negative unintended consequences.
                                 ______
                                 
  SA 3886. Mr. McCONNELL (for Mr. Corker) proposed an amendment to the 
bill S. 1635, to authorize the Department of State for fiscal year 
2016, and for other purposes; as follows:

       On page 16, strike lines 10 through 12 and insert the 
     following: ``the majority leader of the Senate, the minority 
     leader of the Senate, the Speaker of the House of 
     Representatives, the majority leader of the House of 
     Representatives, the minority leader of the House of 
     Representatives, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives that--''.
       On page 30, lines 9 and 10, strike ``in the event of a 
     comprehensive nuclear agreement with Iran''.
       On page 30, lines 20 and 21, strike ``entering into a 
     comprehensive nuclear agreement with Iran'' and insert ``the 
     date of the enactment of this Act''.
       On page 30, line 23, insert ``the majority leader, the 
     minority leader,'' after ``(1)''.
       On page 31, line 1, insert ``the Speaker, the majority 
     leader, the minority leader,'' after ``(2)''.
       Beginning on page 32, lines 24 and 25, strike ``, as 
     appropriate'' and all that follows through ``the United 
     States'' on page 33, line 1, and insert ``with other United 
     States Government agencies, including the intelligence 
     community, and, as appropriate, the United States''.
       Strike section 122.
       On page 47, lines 14 and 15, strike ``and the Committee on 
     Foreign Affairs of the House of Representatives'' and insert 
     ``, the Select Committee on Intelligence of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives''.
       On page 90, line 24, insert ``and to the Select Committee 
     on Intelligence of the Senate and the Permanent Select 
     Committee on Intelligence of the House of Representatives'' 
     after ``congressional committees''.
       On page 92, line 18, insert ``and to the Select Committee 
     on Intelligence of the Senate and the Permanent Select 
     Committee on Intelligence of the House of Representatives'' 
     after ``committees''.
       On page 116, line 20, strike ``Secretary of State'' and 
     insert ``Ambassador at Large for International Religious 
     Freedom appointed under section 101(b) of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6411(b))''.
       Beginning on page 117, line 14, strike ``Secretary of 
     State'' and all that follows through ``in consultation with'' 
     on page 118, line 1, and insert the following: ``Ambassador 
     at Large for International Religious Freedom shall carry out 
     paragraph (1)--
       (A) in coordination with the Director of the George P. 
     Shultz National Foreign Affairs Training Center and other 
     Federal officials, as appropriate; and
       (B) in consultation with
       On page 160, line 16, insert ``to the majority leader of 
     the Senate, the minority leader of the Senate, the Speaker of 
     the House of Representatives, the majority leader of the 
     House of Representatives, and the minority leader of the 
     House of Representatives, and'' after ``the report''.
       Strike sections 501 and 502 and insert:

     SEC. 501. WORLDWIDE SECURITY PROTECTION.

       (a) In General.--Funds made available in fiscal year 2016 
     for worldwide security protection shall to the extent 
     practiable, before any such funds may be allocated to any 
     other authorized purpose, be allocated for--
       (1) immediate threat mitigation support in accordance with 
     subsection (b) at facilities determined to be high threat, 
     high risk pursuant to section 531;
       (2) immediate threat mitigation support in accordance with 
     subsection (b) at other facilities; and
       (3) locations with high vulnerabilities.
       (b) Immediate Threat Mitigation Support Prioritization.--In 
     allocating funding for immediate mitigation support pursuant 
     to this section, the Secretary shall prioritize funding for--
       (1) the purchasing of additional security equipment, 
     including additional defensive weaponry;
       (2) the paying of expenses of additional security forces; 
     and
       (3) any other purposes necessary to mitigate immediate 
     threats to United States personnel serving overseas.

     SEC. 502. EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE.

       (a) In General.--Funds made available in fiscal year 2016 
     for Worldwide Security Upgrades within ``embassy security, 
     construction and maintenance'' shall to the extent 
     practicable, before any funds may be allocated to any other 
     authorized purpose, be allocated in the prioritized order 
     of--
       (1) immediate threat mitigation projects in accordance with 
     subsection (b) at facilities determined to be high threat, 
     high risk pursuant to section 531;
       (2) other security upgrades to facilities determined to be 
     high threat, high risk pursuant to section 531;
       (3) all other immediate threat mitigation projects in 
     accordance with subsection (b); and
       (4) security upgrades to all other facilities or new 
     construction for facilities determined to be high threat, 
     high risk pursuant to section 531.
       (b) Immediate Threat Mitigation Projects Prioritization.--
     In allocating funding for immediate threat mitigation 
     projects pursuant to this section, the Secretary shall 
     prioritize funding for the construction of safeguards that 
     provide immediate security benefits and any other purposes 
     necessary to mitigate immediate threats to United States 
     personnel serving overseas.
       (c) Additional Limitation.--No funds authorized to be 
     appropriated shall be obligated for new embassy construction, 
     other than for high threat, high risk facilities, unless the 
     Secretary certifies to the appropriate congressional 
     committees that--
       (1) the Department has fully complied with the requirements 
     of subsection (a);
       (2) high threat, high risk facilities are being secured to 
     the best of the United States Government's ability; and
       (3) the Secretary will make funds available from the 
     Embassy Security, Construction and Maintenance account or 
     other sources to address any changed security threats or new 
     or emergent security needs, including new immediate threat 
     mitigation projects.
       (d) Report.--The Secretary shall report to the appropriate 
     congressional committees not later than 180 days after the 
     date of the enactment of this Act on--
       (1) funding for the priorities described in subsection (a);
       (2) efforts to secure high threat, high risk facilities as 
     well as high vulnerability locations facilities; and
       (3) plans to make funds available from the Embassy 
     Security, Construction and Maintenance account or other 
     sources to address any changed security threats or new or 
     emergent security needs, including new immediate threat 
     mitigation projects.

                          ____________________