S.Amdt. 108

SA 108. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby)
to the bill H.R. 933, making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title IX of division C, insert the following:
(b) Limitation.--No funds appropriated or otherwise made
available by title IX of this division under the heading
``Afghanistan Infrastructure Fund'' may be obligated or
expended until the Secretary of Defense submits to the
appropriate committees of Congress a report setting forth the
certifications as follows:
(1) That transfers to the Government of Afghanistan of
Afghan nationals detained by United States Armed Forces in
Afghanistan territory do not present a significant threat to
United States or coalition forces based upon the likelihood
that the detainee to be transferred will engage in continuing
hostile acts against the United States or its coalition
allies.
(2) That the Government of Afghanistan is in compliance
with international humanitarian law, including Additional
Protocol II of 1977 to the Geneva Convention of 1949, with
respect to preventing detainee abuse.
(3) That the Government of Afghanistan has implemented an
administrative detention regime under its domestic law as an
alternative to criminal prosecution, which regime is--
(A) consistent with international humanitarian law,
including the Additional Protocol II of 1977 to the Geneva
Convention of 1949, Afghanistan domestic law, and all of the
international obligations of Afghanistan;
(B) in compliance with the international obligations of
Afghanistan with respect to humane treatment and applicable
due process; and
(C) based on sustainable arrangements, including housing.
(4) That there exists a continuing capability of both the
United States and Afghanistan to gather intelligence from
detainees transferred to the Government of Afghanistan for
the mutual benefit of both nations.
(5) That, as part of the intelligence gathering described
in paragraph (4), the United States is granted regular,
direct access to detainees held by the Government of
Afghanistan for the purpose of interrogation or any other
lawful purpose.
(6) That the Government of Afghanistan is consulting, and
will continue to consult, the United States before the
release, including release prior to indictment, of any
detainee transferred to the Government of Afghanistan, and,
if the United States provides its assessment that continued
detention is necessary to prevent such a detainee from
engaging in or facilitating terrorist activity, the
Government of Afghanistan will consider favorably such
assessment.
(7) That additional processes will be in place in any case
where the United States considers a detainee held by
Afghanistan an enduring security threat (or its equivalent)
to ensure that the detainee will not present a security
threat once released.
(c) Contingent Requirement for Explanatory Report.--If the
report described by subsection (b) has not been submitted to
Congress by 45 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate
committees of Congress on such date a report setting forth an
explanation why the report described by subsection (b) has
not been so submitted.
(d) Comptroller General Report.--Not later than 45 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report setting forth an assessment
by the Comptroller General of the the ability of the
Government of Afghanistan to sustain costs associated with
securing detainees in Afghanistan.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
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