--S.2712--
S.2712
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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. Authorization of assistance.
Sec. 104. Coordination of assistance.
Sec. 105. Sense of Congress regarding promoting cooperation in opium
producing areas.
Sec. 106. Administrative provisions.
Sec. 107. Relationship to other authority.
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. Congressional notification requirements.
Sec. 206. Promoting secure delivery of humanitarian and other assistance
in Afghanistan and expansion of the International Security Assistance
Force.
Sec. 207. Relationship to other authority.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Requirement to comply with procedures relating to the
prohibition on assistance to drug traffickers.
Sec. 302. Sense of Congress regarding protecting Afghanistan's
President.
Sec. 303. Donor contributions to Afghanistan and reports.
(c) DEFINITION- In this Act, the term `Government of Afghanistan'
includes--
(1) the government of any political subdivision of Afghanistan;
and
(2) 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.
(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, multi-ethnic,
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;
(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;
(8) to provide 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; and
(9) to foster the growth of a pluralistic society that promotes and
respects religious freedom.
SEC. 103. AUTHORIZATION OF ASSISTANCE.
(a) IN GENERAL- Notwithstanding section 512 of Public Law 107-115 or any
other similar provision of law, 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 and other unexploded ordinance.
(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 2003 through 2006, $15,000,000 is
authorized to be appropriated to the President 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 (including repairing homes damaged during
military operations), 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, including religious freedom, 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, including the recognition of
religious freedom in the constitution and other legal frameworks;
(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, including religious freedom, freedom of expression, and
freedom of association, and support human rights monitoring;
(x) support for Afghan and international efforts to investigate human
rights atrocities committed in Afghanistan by the Taliban regime,
opponents of such regime, and terrorist groups operating in Afghanistan,
including the collection of forensic evidence relating to such
atrocities;
(xi) support for national, regional, and local elections and political
party development;
(xii) 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;
(xiii) support for establishment of a central bank and central
budgeting authority; and
(xiv) 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, $10,000,000 is
authorized to be appropriated to the President to 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)(xi).
(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.
(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, including the
rights of religious freedom, freedom of expression, and freedom of
association;
(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, including the rights of
religious freedom, freedom of expression, and freedom of association,
and in the investigation and monitoring of women's rights and human
rights abuses.
(B) AVAILABILITY OF FUNDS- For each of the fiscal years 2003 through
2006--
(i) $15,000,000 is authorized to be appropriated to the President to
be made available to the Afghan Ministry of Women's Affairs;
and
(ii) $5,000,000 is authorized to be appropriated to the President 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.
(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 that respects human rights.
(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).
(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. 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. 104. 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. 105. SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN OPIUM
PRODUCING AREAS.
It is the sense of Congress that the President should--
(1) to the extent practicable, under such procedures as the President
may prescribe, withhold United States bilateral assistance from, and oppose
multilateral assistance to, opium-producing areas of Afghanistan if, within
such areas, appropriate cooperation is not provided to the United States,
the Government of Afghanistan, and international organizations with respect
to the suppression of narcotics cultivation and trafficking, and if
withholding such assistance would promote such cooperation;
(2) redistribute any United States bilateral assistance (and to promote
the redistribution of any multilateral assistance) withheld from an
opium-producing area to other areas with respect to which assistance has not
been withheld as a consequence of this section; and
(3) define or redefine the boundaries of opium producing areas of
Afghanistan for the purposes of this section.
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 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 colleges and
universities and the technical expertise of professionals within those
institutions, particularly in the areas of agriculture and rural
development.
(d) ADMINISTRATIVE EXPENSES- Of the funds made available to carry out the
purposes of assistance authorized by this title in any fiscal year, up to 7
percent may be used for administrative expenses of Federal departments and
agencies in connection with the provision of such assistance.
(1) COMPTROLLER GENERAL- The Comptroller General shall monitor the
provision of assistance under this title.
(2) INSPECTOR GENERAL OF USAID- 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.
(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 103(c)) $425,000,000 for each of the
fiscal years 2003 through 2006.
(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 103(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- 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) and shall not count toward any limitation
contained in section 506 of the Foreign Assistance Act of 1961 (22 U.S.C.
2318).
SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS.
(a) IN GENERAL- Except as provided in subsection (b), a foreign country or
international organization shall be eligible to receive assistance under
section 202 if--
(1) 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
(2) such assistance is provided specifically for such operations in
Afghanistan.
(b) EXCEPTION- No country the government of which has been determined by
the Secretary of State to have repeatedly engaged in gross violations of human
rights, or 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 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 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 and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate of such determination at least 15 days in advance
of providing such assistance.
(b) NOTIFICATION- The report described in subsection (a) shall be
submitted in classified and unclassified form and 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 AND EXPANSION OF THE INTERNATIONAL SECURITY ASSISTANCE
FORCE.
(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 is no longer 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 functioning of the Government of Afghanistan
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)(A) On July 6, Vice President Haji Abdul Qadir was assassinated in
Kabul by unknown assailants.
(B) On September 5, 2002, a car bomb exploded in Kabul killing 32 and
injuring 150 and on the same day a member of Kandahar Governor Sherzai's
security team attempted to assassinate President Karzai.
(6) 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-Qaida, Taliban forces, and drug traffickers.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) Because of these immediate security needs, the Government of
Afghanistan, its President, 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.
(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) IMPLEMENTATION OF STRATEGY-
(1) INITIAL REPORT- Not later than 60 days after the date of the
enactment of this Act, the President shall provide 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 with--
(A) 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, including an update to the
strategies submitted pursuant to Public Law 107-206; and
(B) a description of 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.
(2) IMPLEMENTATION OF STRATEGY- Every 6 months after the enactment of
this Act through January 1, 2007, the President shall submit to the
congressional committees specified in paragraph (1) a report on the
implementation of the strategies for meeting the immediate and long-term
security needs of Afghanistan, which shall include the following
elements--
(A) since the previous report, the progress in recruiting, training,
and deploying an Afghan National Army and police force, including the
numbers and ethnic composition of recruits; the number of graduates from
military and police training; the numbers of graduates retained by the
Afghan National Army and police forces since the previous report; the
numbers of graduates operationally deployed and to which areas of the
country; the degree to which these graduates are assuming security
responsibilities; whether Afghan army and police units are establishing
effective central governmental authority over areas of the country, and
which areas; and the numbers of instances of armed attacks against Afghan
central governmental officials, United States or international officials,
troops or aid workers, or between the armed forces of regional
leaders;
(B) the degree to which armed regional leaders are cooperating and
integrating with the central government, providing security and order
within their regions of influence, engaging in armed conflict or other
forms of competition that are deleterious to peace, security, and the
integration of a unified Afghanistan under the central
government;
(C) the amount of humanitarian relief provided since the previous
report to returnees, isolated populations and other vulnerable groups, as
well as demining assistance and landmine survivors rehabilitation; and the
numbers of such persons not assisted since the previous report;
(D) the steps taken since the previous report toward national
reconstruction, including establishment of the ministries and other
institutions of the Government of Afghanistan;
(E) the numbers of Civil Affairs Teams working with regional leaders,
as well as the quick impact infrastructure projects undertaken by such
teams since the previous report;
(F) efforts undertaken since the previous report to rebuild the
justice sector, including the establishment of a functioning judiciary, a
competent bar, reintegration of women legal professionals and a reliable
penal system, and the respect for human rights; and
(G) a description of the progress of the Government of Afghanistan
with respect to the matters described in paragraph (1)(B).
(d) EXPANSION OF THE INTERNATIONAL SECURITY ASSISTANCE FORCE-
(1) SENSE OF CONGRESS- Congress urges the President, in order to fulfill
the objective of establishing security in Afghanistan, to take all
appropriate measures to assist Afghanistan in establishing a secure
environment throughout the country, including by--
(A) sponsoring in the United Nations Security Council a resolution
authorizing an expansion of the International Security Assistance Force,
or the establishment of a similar security force; and
(B) enlisting the European and other allies of the United States to
provide forces for an expansion of the International Security Assistance
Force in Afghanistan, or the establishment of a similar security
force.
(2) AUTHORIZATION OF APPROPRIATIONS- (A) There is authorized to be
appropriated to the President $500,000,000 for each of fiscal years 2003 and
2004 to support the International Security Assistance Force or the
establishment of a similar security force.
(B) Amounts made available under subparagraph (A) may be appropriated
pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961,
section 551 of such Act, or section 23 of the Arms Export Control Act.
(C) Funds appropriated pursuant to subparagraph (A) shall be subject to
the notification requirements under section 634A of the Foreign Assistance
Act of 1961.
SEC. 207. RELATIONSHIP TO OTHER AUTHORITY.
(a) ADDITIONAL AUTHORITY- The authority to provide assistance under this
title is in addition to any other authority to provide assistance to the
Government of Afghanistan.
(b) LAWS RESTRICTING AUTHORITY- Assistance under this title to the
Government of Afghanistan may be provided notwithstanding section 512 of
Public Law 107-115 or any similar provision of law.
SEC. 208. SUNSET.
The authority of this title shall expire after September 30, 2006.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO THE
PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
Assistance provided under this Act shall be subject to the same provisions
as are applicable to assistance under the Foreign Assistance Act of 1961 and
the Arms Export Control Act under section 487 of the Foreign Assistance Act of
1961 (relating to the prohibition on assistance to drug traffickers; 22 U.S.C.
2291f), and the applicable regulations issued under that section.
SEC. 302. SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S
PRESIDENT.
It is the sense of Congress that--
(1) any United States physical protection force provided for the
personal security of the President of Afghanistan should be composed of
United States diplomatic security, law-enforcement, or military personnel,
and should not utilize private contracted personnel to provide actual
physical protection services;
(2) United States allies should be invited to volunteer active-duty
military or law enforcement personnel to participate in such a protection
force; and
(3) such a protection force should be limited in duration and should be
succeeded by qualified Afghan security forces as soon as practicable.
SEC. 303. DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.
(a) FINDINGS- The Congress finds that inadequate amounts of international
assistance promised by donor states at the Tokyo donors conference and
elsewhere have been delivered to Afghanistan, imperiling the rebuilding and
development of civil society and infrastructure, and endangering peace and
security in that war-torn country.
(b) SENSE OF CONGRESS- It is the sense of Congress that the United States
should use all appropriate diplomatic means to encourage all states that have
pledged assistance to Afghanistan to deliver as soon as possible the total
amount of assistance pledged.
(1) IN GENERAL- The Secretary of State shall submit reports to the
Committee on Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, in accordance with this
paragraph, on the status of contributions of assistance from donor states to
Afghanistan. The first report shall be submitted not later than 60 days
after the date of enactment of this Act, the second report shall be
submitted 90 days thereafter, and subsequent reports shall be submitted
every 180 days thereafter through December 31, 2004.
(2) FURTHER REQUIREMENTS- Each report, which shall be unclassified and
posted upon the Department of State's Internet website, shall include, by
donor country, the total amount pledged, the amount delivered within the
previous 60 days, the total amount of assistance delivered, the type of
assistance and type of projects supported by the assistance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END