107th CONGRESS
2d Session
H. R. 3994
AN ACT
To authorize economic and democratic development assistance for Afghanistan
and to authorize military assistance for Afghanistan and certain other foreign
countries.
HR 3994 EH
107th CONGRESS
2d Session
H. R. 3994
AN ACT
To authorize economic and democratic development assistance for
Afghanistan and to authorize military assistance for Afghanistan and certain
other foreign countries.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(a) SHORT TITLE- This Act may be cited as the `Afghanistan Freedom Support
Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definition.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Principles of assistance.
Sec. 104. Authorization of assistance.
Sec. 105. Promoting cooperation in major opium producing regions of
Afghanistan.
Sec. 106. Coordination of assistance.
Sec. 107. Administrative provisions.
Sec. 108. Authorization of appropriations.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for security during transition in Afghanistan.
Sec. 202. Authorization of assistance.
Sec. 203. Eligible foreign countries and eligible international
organizations.
Sec. 204. Reimbursement for assistance.
Sec. 205. Authority to provide assistance.
Sec. 206. Promoting secure delivery of humanitarian and other assistance
in Afghanistan.
TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR
AFGHANISTAN
Sec. 301. Prohibition on United States involvement in poppy cultivation
or illicit narcotics growth, production, or trafficking.
Sec. 302. Requirement to report by certain United States
officials.
Sec. 303. Report by the President.
(c) DEFINITION- In this Act, the term `Government of Afghanistan' includes
the government of any political subdivision of Afghanistan, and any agency or
instrumentality of the Government of Afghanistan.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR
AFGHANISTAN
SEC. 101. DECLARATION OF POLICY.
Congress makes the following declarations:
(1) The United States and the international community should support
efforts that advance the development of democratic civil authorities and
institutions in Afghanistan and the establishment of a new broad-based,
multi-ethnic, gender-sensitive, and fully representative government in
Afghanistan.
(2) The United States, in particular, should provide its expertise to
meet immediate humanitarian and refugee needs, fight the production and flow
of illicit narcotics, and aid in the reconstruction of Afghanistan's
agriculture, health care, civil service, financial, and educational
systems.
(3) By promoting peace and security in Afghanistan and preventing a
return to conflict, the United States and the international community can
help ensure that Afghanistan does not again become a source for
international terrorism.
(4) The United States should support the objectives agreed to on
December 5, 2001, in Bonn, Germany, regarding the provisional arrangement
for Afghanistan as it moves toward the establishment of permanent
institutions and, in particular, should work intensively toward ensuring the
future neutrality of Afghanistan, establishing the principle that
neighboring countries and other countries in the region do not threaten or
interfere in one another's sovereignty, territorial integrity, or political
independence, including supporting diplomatic initiatives to support this
goal.
(5) The special emergency situation in Afghanistan, which from the
perspective of the American people combines security, humanitarian,
political, law enforcement, and development imperatives, requires that the
President should receive maximum flexibility in designing, coordinating, and
administering efforts with respect to assistance for Afghanistan and that a
temporary special program of such assistance should be established for this
purpose.
(6) To foster stability and democratization and to effectively eliminate
the causes of terrorism, the United States and the international community
should also support efforts that advance the development of democratic civil
authorities and institutions in the broader Central Asia region.
SEC. 102. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title are--
(1) to help assure the security of the United States and the world by
reducing or eliminating the likelihood of violence against United States or
allied forces in Afghanistan and to reduce the chance that Afghanistan will
again be a source of international terrorism;
(2) to support the continued efforts of the United States and the
international community to address the humanitarian crisis in Afghanistan
and among Afghan refugees in neighboring countries;
(3) to fight the production and flow of illicit narcotics, to control
the flow of precursor chemicals used in the production of heroin, and to
enhance and bolster the capacities of Afghan governmental authorities to
control poppy cultivation and related activities;
(4) to help achieve a broad-based, multi-ethnic, gender-sensitive, and
fully representative government in Afghanistan that is freely chosen by the
people of Afghanistan and that respects the human rights of all Afghans,
particularly women, including authorizing assistance for the rehabilitation
and reconstruction of Afghanistan with a particular emphasis on meeting the
educational, health, and sustenance needs of women and children to better
enable their full participation in Afghan society;
(5) to support the Government of Afghanistan in its development of the
capacity to facilitate, organize, develop, and implement projects and
activities that meet the needs of the Afghan people;
(6) to foster the participation of civil society in the establishment of
the new Afghan government in order to achieve a broad-based, multiethnic,
gender-sensitive, fully representative government freely chosen by the
Afghan people, without prejudice to any decisions which may be freely taken
by the Afghan people about the precise form in which their government is to
be organized in the future, as may be decided through the convening of a
traditional Afghan assembly or `Loya Jirga' as agreed to on December 5,
2001, in Bonn, Germany;
(7) to support the reconstruction of Afghanistan through, among other
things, programs that create jobs, facilitate clearance of landmines, and
rebuild the agriculture sector, the health care system, and the educational
system of Afghanistan; and
(8) to include specific resources to the Ministry for Women's Affairs of
Afghanistan to carry out its responsibilities for legal advocacy, education,
vocational training, and women's health programs.
SEC. 103. PRINCIPLES OF ASSISTANCE.
The following principles should guide the provision of assistance
authorized by this title:
(1) TERRORISM AND NARCOTICS CONTROL- Assistance should be designed to
reduce the likelihood of harm to United States and other allied forces in
Afghanistan and the region, the likelihood of additional acts of
international terrorism emanating from Afghanistan, and the cultivation,
production, trafficking, and use of illicit narcotics in Afghanistan.
(2) ROLE OF WOMEN- Assistance should increase the participation of women
at the national, regional, and local levels in Afghanistan, wherever
feasible, by enhancing the role of women in decisionmaking processes, as
well as by providing support for programs that aim to expand economic and
educational opportunities and health programs for women and educational and
health programs for girls.
(3) AFGHAN OWNERSHIP- Assistance should build upon Afghan traditions and
practices. The strong tradition of community responsibility and
self-reliance in Afghanistan should be built upon to increase the capacity
of the Afghan people and institutions to participate in the reconstruction
of Afghanistan.
(4) STABILITY- Assistance should encourage the restoration of security
in Afghanistan, including, among other things, the disarmament,
demobilization, and reintegration of combatants, and the establishment of
the rule of law, including the establishment of a police force and an
effective, independent judiciary.
(5) COORDINATION- Assistance should be part of a larger donor effort for
Afghanistan. The magnitude of the devastation--natural and man-made--to
institutions and infrastructure make it imperative that there be close
coordination and collaboration among donors. The United States should
endeavor to assert its leadership to have the efforts of international
donors help achieve the purposes established by this title.
SEC. 104. AUTHORIZATION OF ASSISTANCE.
(a) IN GENERAL- The President is authorized to provide assistance for
Afghanistan for the following activities:
(1) URGENT HUMANITARIAN NEEDS- To assist in meeting the urgent
humanitarian needs of the people of Afghanistan, including assistance such
as--
(A) emergency food, shelter, and medical assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including childhood vaccination,
therapeutic feeding, maternal child health services, and infectious
diseases surveillance and treatment;
(D) family tracing and reunification services; and
(E) clearance of landmines.
(2) REPATRIATION AND RESETTLEMENT OF REFUGEES AND INTERNALLY DISPLACED
PERSONS- To assist refugees and internally displaced persons as they return
to their home communities in Afghanistan and to support their reintegration
into those communities, including assistance such as--
(A) assistance identified in paragraph (1);
(B) assistance to communities, including those in neighboring
countries, that have taken in large numbers of refugees in order to
rehabilitate or expand social, health, and educational services that may
have suffered as a result of the influx of large numbers of
refugees;
(C) assistance to international organizations and host governments in
maintaining security by screening refugees to ensure the exclusion of
armed combatants, members of foreign terrorist organizations, and other
individuals not eligible for economic assistance from the United States;
and
(D) assistance for voluntary refugee repatriation and reintegration
inside Afghanistan and continued assistance to those refugees who are
unable or unwilling to return, and humanitarian assistance to internally
displaced persons, including those persons who need assistance to return
to their homes, through the United Nations High Commissioner for Refugees
and other organizations charged with providing such assistance.
(3) COUNTERNARCOTICS EFFORTS- (A) To assist in the eradication of poppy
cultivation, the disruption of heroin production, and the reduction of the
overall supply and demand for illicit narcotics in Afghanistan and the
region, with particular emphasis on assistance to--
(i) eradicate opium poppy, establish crop substitution programs,
purchase nonopium products from farmers in opium-growing areas,
quick-impact public works programs to divert labor from narcotics
production, develop projects directed specifically at narcotics
production, processing, or trafficking areas to provide incentives to
cooperation in narcotics suppression activities, and related
programs;
(ii) establish or provide assistance to one or more entities within
the Government of Afghanistan, including the Afghan State High Commission
for Drug Control, and to provide training and equipment for the entities,
to help enforce counternarcotics laws in Afghanistan and limit illicit
narcotics growth, production, and trafficking in Afghanistan;
(iii) train and provide equipment for customs, police, and other
border control entities in Afghanistan and the region relating to illicit
narcotics interdiction and relating to precursor chemical controls and
interdiction to help disrupt heroin production in Afghanistan and the
region;
(iv) continue the annual opium crop survey and strategic studies on
opium crop planting and farming in Afghanistan; and
(v) reduce demand for illicit narcotics among the people of
Afghanistan, including refugees returning to Afghanistan.
(B) For each of the fiscal years 2002 through 2005, $15,000,000 of the
amount made available to carry out this title is authorized to be made
available for a contribution to the United Nations Drug Control Program for
the purpose of carrying out activities described in clauses (i) through (v)
of subparagraph (A). Amounts made available under the preceding sentence are
in addition to amounts otherwise available for such purposes.
(4) REESTABLISHMENT OF FOOD SECURITY, REHABILITATION OF THE AGRICULTURE
SECTOR, IMPROVEMENT IN HEALTH CONDITIONS, AND THE RECONSTRUCTION OF BASIC
INFRASTRUCTURE- To assist in expanding access to markets in Afghanistan, to
increase the availability of food in markets in Afghanistan, to rehabilitate
the agriculture sector in Afghanistan by creating jobs for former
combatants, returning refugees, and internally displaced persons, to improve
health conditions, and assist in the rebuilding of basic infrastructure in
Afghanistan, including assistance such as--
(A) rehabilitation of the agricultural infrastructure, including
irrigation systems and rural roads;
(C) provision of critical agricultural inputs, such as seeds, tools,
and fertilizer, and strengthening of seed multiplication, certification,
and distribution systems;
(D) improvement in the quantity and quality of water available
through, among other things, rehabilitation of existing irrigation systems
and the development of local capacity to manage irrigation
systems;
(E) livestock rehabilitation through market development and other
mechanisms to distribute stocks to replace those stocks lost as a result
of conflict or drought;
(F) mine awareness and demining programs and programs to assist mine
victims, war orphans, and widows;
(G) programs relating to infant and young child feeding,
immunizations, vitamin A supplementation, and prevention and treatment of
diarrheal diseases and respiratory infections;
(H) programs to improve maternal and child health and reduce maternal
and child mortality;
(I) programs to improve hygienic and sanitation practices and for the
prevention and treatment of infectious diseases, such as tuberculosis and
malaria;
(J) programs to reconstitute the delivery of health care, including
the reconstruction of health clinics or other basic health infrastructure,
with particular emphasis on health care for children who are
orphans;
(K) programs for housing, rebuilding urban infrastructure, and
supporting basic urban services; and
(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; and
(xii) support for establishment of a central bank and central
budgeting authority.
(B) For each of the fiscal years 2002 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 for national, 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;
(E) develop handicraft and other small-scale industries; and
(F) provide financing programs for the reconstruction of Kabul and
other major cities in Afghanistan.
(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--
(A) with respect to assistance for fiscal year 2003, the President
first determines and certifies to Congress that a traditional Afghan
assembly or `Loya Jirga' has been convened and has decided on a
broad-based, multiethnic, gender-sensitive, fully representative
transitional authority for Afghanistan; and
(B) with respect to assistance for fiscal years 2004 and 2005, the
President first determines and certifies to Congress with respect to the
fiscal year involved that substantial progress has been made toward
adopting a constitution and establishing a democratically elected
government for Afghanistan.
(A) IN GENERAL- The President may waive the application of
subparagraph (A) or (B) 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 memorandum of justification that
explains the basis for the determination of the President to waive the
application of subparagraph (A) or (B) or paragraph (1).
SEC. 105. PROMOTING COOPERATION IN MAJOR OPIUM PRODUCING REGIONS OF
AFGHANISTAN.
(a) IN GENERAL- Notwithstanding any other provision of law (except as
provided in subsection (c)), subsections (a) through (g) of section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j), as in effect on January 9,
2002, shall apply with respect to United States bilateral and multilateral
assistance to Afghanistan for each of fiscal years 2003 through 2005.
(b) AUTHORITY TO APPLY SECTION 490 OF THE FOREIGN ASSISTANCE ACT OF
1961-
(1) IN GENERAL- The President is authorized and encouraged, to the
maximum extent practicable, to apply the provisions of subsections (a), (b),
(c), and (e) of section 490 of the Foreign Assistance Act of 1961 to United
States bilateral and multilateral assistance to major opium producing
regions of Afghanistan, including regions within the Badakshan, Helmand, and
Qandahar provinces.
(2) REDISTRIBUTION- The President is authorized and encouraged to
redistribute any United States assistance withheld from an opium producing
region pursuant to this subsection to other major opium producing regions of
Afghanistan with respect to which United States assistance has not been
withheld pursuant to this subsection.
(3) MAJOR OPIUM PRODUCING REGIONS- The President may define or redefine
the boundaries of major opium producing regions of Afghanistan for purposes
of this subsection.
(c) REQUIREMENT TO SUPERSEDE- The provisions of this section shall not be
superseded except by a provision of law enacted after the date of the
enactment of this Act which specifically repeals, modifies, or otherwise
supersedes the provision of this section.
SEC. 106. COORDINATION OF ASSISTANCE.
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.
SEC. 107. 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- Not more than 5 percent of the amount made
available to a Federal department or agency to carry out this title for a
fiscal year may be used by the department or agency for administrative
expenses in connection with such assistance.
(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) CONGRESSIONAL NOTIFICATION PROCEDURES- Funds made available to carry
out this title may not be obligated until 15 days after notification of the
proposed obligation of the funds has been provided to the congressional
committees specified in section 634A of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming notifications under
that section.
(g) AUTHORITY TO PROVIDE ASSISTANCE- Assistance under this title may be
provided notwithstanding any other provision of law.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the President
to carry out this title $300,000,000 for each of the fiscal years 2002 through
2004, and $250,000,000 for fiscal year 2005. Amounts authorized to be
appropriated pursuant to the preceding sentence for fiscal year 2002 are in
addition to amounts otherwise available for assistance for Afghanistan.
(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.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
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.
(1) IN GENERAL- (A) To the extent that funds are appropriated in any
fiscal year for the purposes of this Act, the President may provide, on such
terms and conditions as he may determine, defense articles, defense
services, counter-narcotics, crime control and police training services, and
other support (including training) to the Government of Afghanistan.
(B) To the extent that funds are appropriated in any fiscal year for
these purposes, the President may provide, on such terms and conditions as
he may determine, defense articles, defense services, and other support
(including training) to eligible foreign countries and eligible
international organizations.
(C) The assistance authorized under subparagraph (B) shall be used for
directly supporting the activities described in section 203.
(2) DRAWDOWN AUTHORITY- The President is authorized to direct the
drawdown of defense articles, defense services, and military education and
training for the Government of Afghanistan, eligible foreign countries, and
eligible international organizations.
(3) AUTHORITY TO ACQUIRE BY CONTRACT OR OTHERWISE- The assistance
authorized under paragraphs (1) and (2) and under Public Law 105-338 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)(2) may not exceed $300,000,000, provided 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 foreign country or international organization shall be eligible to
receive assistance under section 202 if such foreign country or international
organization is participating in or directly supporting United States military
activities authorized under Public Law 107-40 or is participating in military,
peacekeeping, or policing operations in Afghanistan aimed at restoring or
maintaining peace and security in that country, except that 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.
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 under 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. AUTHORITY TO PROVIDE ASSISTANCE.
(a) GOVERNMENT OF AFGHANISTAN- Assistance to the Government of Afghanistan
under this title may be provided notwithstanding any other provision of
law.
(b) ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS-
(1) AUTHORITY- The President may provide assistance under this title to
any eligible foreign country or eligible international organization
notwithstanding any other provision of law (other than provisions of this
title) 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 such determination at least 15 days in
advance of providing such assistance.
(2) NOTIFICATION- The report described in paragraph (1) shall include
information relating to the type and amount of assistance proposed to be
provided and the actions that the proposed recipient of such assistance has
taken or has committed to take.
SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER ASSISTANCE IN
AFGHANISTAN.
(a) FINDINGS- Congress finds the following:
(1) The President has declared his view that the United States should
provide significant assistance to Afghanistan so that it never again becomes
a haven for terrorism.
(2) The delivery of humanitarian and reconstruction assistance from the
international community is necessary for the safe return of refugees and is
critical to the future stability of Afghanistan.
(3) Enhanced stability in Afghanistan through an improved security
environment is critical to the fostering of the Afghan Interim Authority and
the traditional Afghan assembly or `Loya Jirga' process, which is intended
to lead to a permanent national government in Afghanistan, and also is
essential for the participation of women in Afghan society.
(4) Incidents of violence between armed factions and local and regional
commanders, and serious abuses of human rights, including attacks on women
and ethnic minorities throughout Afghanistan, create an insecure, volatile,
and unsafe environment in parts of Afghanistan, displacing thousands of
Afghan civilians from their local communities.
(5) The violence and lawlessness may jeopardize the `Loya Jirga'
process, undermine efforts to build a strong central government, severely
impede reconstruction and the delivery of humanitarian assistance, and
increase the likelihood that parts of Afghanistan will once again become
safe havens for Al-Qaeda, Taliban forces, and drug traffickers.
(6) The lack of security and lawlessness may also perpetuate the need
for United States Armed Forces in Afghanistan and threaten the ability of
the United States to meet its military objectives.
(7) The International Security Assistance Force in Afghanistan,
currently led by Turkey, and composed of forces from other willing countries
without the participation of United States Armed Forces, is deployed only in
Kabul and currently does not have the mandate or the capacity to provide
security to other parts of Afghanistan.
(8) Due to the ongoing military campaign in Afghanistan, the United
States does not contribute troops to the International Security Assistance
Force but has provided support to other countries that are doing so.
(9) The United States is providing political, financial, training, and
other assistance to the Afghan Interim Authority as it begins to build a
national army and police force to help provide security throughout
Afghanistan, but this effort is not meeting the immediate security needs of
Afghanistan.
(10) Because of these immediate security needs, the Afghan Interim
Authority, its Chairman, Hamid Karzai, and many Afghan regional leaders have
called for the International Security Assistance Force, which has
successfully brought stability to Kabul, to be expanded and deployed
throughout the country, and this request has been strongly supported by a
wide range of international humanitarian organizations, including the
International Committee of the Red Cross, Catholic Relief Services, and
Refugees International.
(11)(A) On January 29, 2002, the President stated that `[w]e will help
the new Afghan government provide the security that is the foundation of
peace'.
(B) On March 25, 2002, the Secretary of Defense stated, with respect to
the reconstruction of Afghanistan, that `the first thing . . . you need for
anything else to happen, for hospitals to happen, for roads to happen, for
refugees to come back, for people to be fed and humanitarian workers to move
on the country . . . [y]ou've got to have security'.
(b) STATEMENT OF POLICY- It should be the policy of the United States to
support measures to help meet the immediate security needs of Afghanistan in
order to promote safe and effective delivery of humanitarian and other
assistance throughout Afghanistan, further the rule of law and civil order,
and support the formation of a functioning, representative Afghan national
government.
(c) PREPARATION OF STRATEGY- Not later than 45 days after the date of the
enactment of this Act, the President shall transmit to the Committee on
International Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate a strategy for meeting the immediate and
long-term security needs of Afghanistan in order to promote safe and effective
delivery of humanitarian and other assistance throughout Afghanistan, further
the rule of law and civil order, and support the formation of a functioning,
representative Afghan national government.
SEC. 207. SUNSET.
The authority of this title shall expire on December 31, 2004.
TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR
AFGHANISTAN
SEC. 301. PROHIBITION ON UNITED STATES INVOLVEMENT IN POPPY CULTIVATION OR
ILLICIT NARCOTICS GROWTH, PRODUCTION, OR TRAFFICKING.
No officer or employee of any Federal department or agency who is involved
in the provision of assistance under this Act may knowingly encourage or
participate in poppy cultivation or illicit narcotics growth, production, or
trafficking in Afghanistan. No United States military or civilian aircraft or
other United States vehicle that is used with respect to the provision of
assistance under this Act may be used to facilitate the distribution of
poppies or illicit narcotics in Afghanistan.
SEC. 302. REQUIREMENT TO REPORT BY CERTAIN UNITED STATES OFFICIALS.
(a) REQUIREMENT- An officer or employee of any Federal department or
agency involved in the provision of assistance under this Act and having
knowledge of facts or circumstances that reasonably indicate that any agency
or instrumentality of the Government of Afghanistan, or any other individual
(including an individual who exercises civil power by force over a limited
region) or organization in Afghanistan, that receives assistance under this
Act is involved in poppy cultivation or illicit narcotics growth, production,
or trafficking shall, notwithstanding any memorandum of understanding or other
agreement to the contrary, report such knowledge or facts to the appropriate
official.
(b) DEFINITION- In this section, the term `appropriate official' means the
Attorney General, the Inspector General of the Federal department or agency
involved, or the head of such department or agency.
SEC. 303. REPORT BY THE PRESIDENT.
Not later than 6 months after the date of the enactment of this Act, and
annually thereafter, the President shall transmit to Congress a written report
on the progress of the Government of Afghanistan toward the eradication of
poppy cultivation, the disruption of heroin production, and the reduction of
the overall supply and demand for illicit narcotics in Afghanistan in
accordance with the provisions of this Act.
Passed the House of Representatives May 21, 2002.
Attest:
Clerk.
END