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(K) programs for housing, rebuilding urban infrastructure, and supporting basic urban services; and
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(L) disarmament, demobilization, and reintegration of armed combatants into society, particularly child soldiers.
(5) REESTABLISHMENT OF AFGHANISTAN AS A VIABLE NATION-STATE.--(A) To assist in the development of the capacity of the Government of Afghanistan to meet the needs of the people of Afghanistan through, among other things, support for the development and expansion of democratic and market-based institutions, including assistance such as--
(i) support for international organizations that provide civil advisers to the Government of Afghanistan;
(ii) support for an educated citizenry through improved access to basic education , with particular emphasis on basic education for children who are orphans, with particular emphasis on basic education for children;
(iii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus on the recruitment and training of female teachers;
(iv) programs to enable the Government of Afghanistan to develop school curriculum that incorporates relevant information such as landmine awareness, food security and agricultural education , human rights awareness, and civic education ;
(v) support for the activities of the Government of Afghanistan to draft a new constitution, other legal frameworks, and other initiatives to promote the rule of law in Afghanistan;
(vi) support to increase the transparency, accountability, and participatory nature of governmental institutions, including programs designed to combat corruption and other programs for the promotion of good governance;
(vii) support for an independent media;
(viii) programs that support the expanded participation of women and members of all ethnic groups in government at national, regional, and local levels;
(ix) programs to strengthen civil society organizations that promote human rights and support human rights monitoring;
(x) support for national, regional, and local elections and political party development;
(xi) support for the effective administration of justice at the national, regional, and local levels, including the establishment of a responsible and community-based police force;
(xii) support for establishment of a central bank and central budgeting authority; and
(xiii) assistance in identifying and surveying key road and rail routes essential for economic renewal in Afghanistan and the region, support in reconstructing those routes, and support for the establishment of a customs service and training for customs officers.
(B) For each of the fiscal years 2003 through 2005, not less than $10,000,000 of the amount made available to carry out this title should be made available for the purposes of carrying out a traditional Afghan assembly or ``Loya Jirga'' and for support fornational, regional, and local elections and political party development under subparagraph (A)(x).
(6) MARKET ECONOMY.--To support the establishment of a market economy, the establishment of private financial institutions, the adoption of policies to promote foreign direct investment, the development of a basic telecommunication infrastructure, and the development of trade and other commercial links with countries in the region and with the United States, including policies to--
(A) encourage the return of Afghanistan citizens or nationals living abroad who have marketable and business-related skills;
(B) establish financial institutions, including credit unions, cooperatives, and other entities providing microenterprise credits and other income-generation programs for the poor, with particular emphasis on women;
(C) facilitate expanded trade with countries in the region;
(D) promote and foster respect for basic workers' rights and protections against exploitation of child labor; and
(E) provide financing programs for the reconstruction of Kabul and other major cities in Afghanistan.
(7) ASSISTANCE TO WOMEN AND GIRLS.--
(A) ASSISTANCE OBJECTIVES.--To assist women and girls in Afghanistan in the areas of political and human rights, health care, education , training, security, and shelter, with particular emphasis on assistance--
(i) to support construction of, provide equipment and medical supplies to, and otherwise facilitate the establishment and rehabilitation of, health care facilities in order to improve the health care of women, children, and infants;
(ii) to expand immunization programs for women and children;
(iii) to establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum;
(iv) to develop and expand technical and vocational training programs and income-generation projects for women;
(v) to provide special educational opportunities for girls whose schooling was ended by the Taliban, and to support the ability of women to have access to higher education ;
(vi) to develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services;
(vii) to provide emergency shelters for women and girls who face danger from violence;
(viii) to direct humanitarian assistance to widows, who make up a very large and needy population in war-torn Afghanistan;
(ix) to support the work of women-led and local nongovernmental organizations with demonstrated experience in delivering services to Afghan women and children;
(x) to disseminate information throughout Afghanistan on the rights of women and on international standards of human rights;
(xi) to provide women's rights and human rights training for military, police, and legal personnel; and
(xii) to support the National Human Rights Commission in programs to promote women's rights and human rights and in the investigation and monitoring of women's rights and human rights abuses.
(B) AVAILABILITY OF FUNDS.--For each of the fiscal years 2002 through 2005--
(i) $15,000,000 of the total amount made available for such fiscal year to carry out this title is authorized to be made available to the Afghan Ministry of Women's Affairs; and
(ii) $5,000,000 of the total amount made available for such fiscal year to carry out this title is authorized to be made available to the National Human Rights Commission of Afghanistan.
(C) RELATION TO OTHER AVAILABLE FUNDS.--Amounts made available under subparagraph (B) are in addition to amounts otherwise available for such purposes.
(b) LIMITATION.--
(1) IN GENERAL.--Amounts made available to carry out this title (except amounts made available for assistance under paragraphs (1) through (3) and subparagraphs (F) through (I) of paragraph (4) of subsection (a)) may be provided only if the President first determines and certifies to Congress with respect to the fiscal year involved that progress is being made toward adopting a constitution and establishing a democratically elected government for Afghanistan.
(2) WAIVER.--
(A) IN GENERAL.--The President may waive the application of paragraph (1) if the President first determines and certifies to Congress that it is important to the national interest of the United States to do so.
(B) CONTENTS OF CERTIFICATION.--A certification transmitted to Congress under subparagraph (A) shall include a written explanation of the basis for the determination of the President to waive the application of paragraph (1).
(c) ENTERPRISE FUND.--
(1) AUTHORIZATION OF APPROPRIATIONS.--In addition to funds otherwise available for such purpose, there are authorized to be appropriated to the President for an enterprise fund for Afghanistan $300,000,000 for fiscal year 2003, $100,000,000 for fiscal year 2004, and $100,000,000 for fiscal year 2005. The provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply with respect to such enterprise fund and to funds made available to such enterprise fund under this subsection.
(2) AVAILABILITY OF FUNDS.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
SEC. 105. COORDINATION OF ASSISTANCE.
(a) IN GENERAL.--The President is strongly urged to designate, within the Department of State, a coordinator who shall be responsible for--
(1) designing an overall strategy to advance United States interests in Afghanistan;
(2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in this title;
(3) pursuing coordination with other countries and international organizations with respect to assistance to Afghanistan;
(4) ensuring that United States assistance programs for Afghanistan are consistent with this title;
(5) ensuring proper management, implementation, and oversight by agencies responsible for assistance programs for Afghanistan; and
(6) resolving policy and program disputes among United States Government agencies with respect to United States assistance for Afghanistan.
(b) RANK AND STATUS OF THE COORDINATOR.--The coordinator designated under subsection (a) shall have the rank and status of ambassador.
SEC. 106. ADMINISTRATIVE PROVISIONS.
(a) APPLICABLE ADMINISTRATIVE AUTHORITIES.--Except to the extent inconsistent with the provisions of this title, the administrative authorities under chapters 1 and 2 of part III of the Foreign Assistance Act of 1961 shall apply to the provision of assistance under this title to the same extent and in the same manner as such authorities apply to the provision of economic assistance under part I of such Act.
(b) USE OF THE EXPERTISE OF AFGHAN-AMERICANS.--In providing assistance authorized by this title, the President should--
(1) maximize the use, to the extent feasible, of the services of Afghan-Americans who have expertise in the areas for which assistance is authorized by this title; and
(2) in the awarding of contracts and grants to implement activities authorized under this title, encourage the participation of such Afghan-Americans (including organizations employing a significant number of such Afghan-Americans).
(c) DONATIONS OF MANUFACTURING EQUIPMENT; USE OF LAND GRANT COLLEGES AND UNIVERSITIES.--In providing assistance authorized by this title, the President, to the maximum extent practicable, should--
(1) encourage the donation of appropriate excess or obsolete manufacturing and related equipment by United States businesses (including small businesses) for the reconstruction of Afghanistan; and
(2) utilize research conducted by United States land grant colleges and universities and the technical expertise of professionals within those institutions, particularly in the areas of agriculture and rural development.
(d) ADMINISTRATIVE EXPENSES.--Amounts made available to carry out this title may be made available to a Federal department or agency for administrative expenses incurred by the department or agency in connection with the providing of assistance under this title.
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(e) MONITORING.--
(1) COMPTROLLER GENERAL.--The Comptroller General shall monitor the provision of assistance under this title.
(2) INSPECTOR GENERAL OF USAID.--
(A) IN GENERAL.--The Inspector General of the United States Agency for International Development shall conduct audits, inspections, and other activities, as appropriate, associated with the expenditure of the funds to carry out this title.
(B) FUNDING.--Not more than $1,500,000 of the amount made available to carry out this title for a fiscal year shall be made available to carry out subparagraph (A).
(f) PRIORITY FOR DIRECT ASSISTANCE TO THE GOVERNMENT OF AFGHANISTAN.--To the maximum extent practicable, assistance authorized under this title should be provided directly to the Government of Afghanistan (including any appropriate ministry thereof).
SEC. 107. RELATIONSHIP TO OTHER AUTHORITY.
The authority to provide assistance under this title is in addition to any other authority to provide assistance to the Government of Afghanistan.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.--There is authorized to be appropriated to the President to carry out this title (other than section 104(c)) $500,000,000 for each of the fiscal years 2002 through 2005.
(b) AVAILABILITY.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such purposes, including, with respect to food assistance under section 104(a)(1), funds available under title II of the Agricultural Trade Development and Assistance Act of 1954, the Food for Progress Act of 1985, and section 416(b) of the Agricultural Act of 1949.
SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
It is the sense of Congress that, during the transition to a broad-based, multi-ethnic, gender-sensitive, fully representative government in Afghanistan, the United States should support--
(1) the development of a civilian-controlled and centrally-governed standing Afghanistan army that respects human rights and prohibits the use of children as soldiers or combatants;
(2) the creation and training of a professional civilian police force that respects human rights; and
(3) a multinational security force in Afghanistan.
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) DRAWDOWN AUTHORITY.--
(1) IN GENERAL.--The President is authorized to exercise his authorities under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318) to direct the drawdown of defense articles, defense services, and military education and training--
(A) for the Government of Afghanistan, in accordance with this section; and
(B) for eligible foreign countries, and eligible international organizations, in accordance with this section and sections 203 and 205.
(2) AUTHORITY TO ACQUIRE BY CONTRACT OR OTHERWISE.--The assistance authorized under paragraph (1) may include the supply of defense articles, defense services, counter-narcotics, crime control and police training services, other support, and military education and training that are acquired by contract or otherwise.
(b) AMOUNT OF ASSISTANCE.--The aggregate value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of assistance provided under subsection (a) may not exceed $300,000,000, except that such limitation shall be increased by any amounts appropriated pursuant to the authorization of appropriations in section 204(b)(1).
SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL ORGANIZATIONS.
(a) ELIGIBILITY FOR ASSISTANCE.--
(1) IN GENERAL.--Except as provided in paragraph (2), a foreign country or international organization shall be eligible to receive assistance under section 202 if--
(A) such country or organization is participating in military, peacekeeping, or policing operations in Afghanistan aimed at restoring or maintaining peace and security in that country; and
(B) such assistance is provided specifically for such operations in Afghanistan.
(2) EXCEPTION.--No country the government of which has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) shall be eligible to receive assistance under section 202.
(b) WAIVER.--The President may waive the application of subsection (a)(2) if the President determines that it is important to the national security interest of the United States to do so.
SEC. 204. REIMBURSEMENT FOR ASSISTANCE.
(a) IN GENERAL.--Defense articles, defense services, and military education and training provided under section 202(a)(2) shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to the authorization of appropriations in subsection (b)(1).
(b) AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value (as defined in section 644(m) of the Foreign Assistance Act of 1961) of defense articles, defense services, or military education and training provided under section 202(a)(2).
(2) AVAILABILITY.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this title.
SEC. 205. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) AUTHORITY.--The President may provide assistance under this title to any eligible foreign country or eligible international organization if the President determines that such assistance is important to the national security interest of the United States and notifies the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of suchdetermination at least 15 days in advance of providing such assistance.
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