[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2712 Enrolled Bill (ENR)]

        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.
Sec. 208. Sunset.

                   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;
            (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 (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.
    (b) Limitation.--
        (1) In general.--Amounts made available to carry out this title 
    (except amounts made available for assistance under paragraphs (1) 
    through (3) and subparagraphs (F) through (I) of paragraph (4) of 
    subsection (a)) may be provided only if the President first 
    determines and certifies to Congress with respect to the fiscal 
    year involved that progress is being made toward adopting a 
    constitution and establishing a democratically elected government 
    for Afghanistan that respects human rights.
        (2) Waiver.--
            (A) In general.--The President may waive the application of 
        paragraph (1) if the President first determines and certifies 
        to Congress that it is important to the national interest of 
        the United States to do so.
            (B) Contents of certification.--A certification transmitted 
        to Congress under subparagraph (A) shall include a written 
        explanation of the basis for the determination of the President 
        to waive the application of paragraph (1).
    (c) Enterprise Fund.--
        (1) Authorization of appropriations.--In addition to funds 
    otherwise available for such purpose, there are authorized to be 
    appropriated to the President for an enterprise fund for 
    Afghanistan $300,000,000. 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.
    (e) Monitoring.--
        (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.

    (a) Drawdown Authority.--
        (1) In general.--The President is authorized to exercise his 
    authorities under section 506 of the Foreign Assistance Act of 1961 
    (22 U.S.C. 2318) to direct the drawdown of defense articles, 
    defense services, and military education and training--
            (A) for the Government of Afghanistan, in accordance with 
        this section; and
            (B) for eligible foreign countries, and eligible 
        international organizations, in accordance with this section 
        and sections 203 and 205.
        (2) Authority to acquire by contract or otherwise.--The 
    assistance authorized under paragraph (1) may include the supply of 
    defense articles, defense services, counter-narcotics, crime 
    control and police training services, other support, and military 
    education and training that are acquired by contract or otherwise.
    (b) Amount of Assistance.--The aggregate value (as defined in 
section 644(m) of the Foreign Assistance Act of 1961) of assistance 
provided under subsection (a) may not exceed $300,000,000, except that 
such limitation shall be increased by any amounts appropriated pursuant 
to the authorization of appropriations in section 204(b)(1) 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.
    (c) Reports.--
        (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.