[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3994 Engrossed in House (EH)]


  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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.
Sec. 207. Sunset.
   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;
                    (B) extension of credit;
                    (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.
    (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--
                    (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.
            (2) Waiver.--
                    (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.
    (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) 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.

    (a) Types 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.