[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2712 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2712

_______________________________________________________________________

                                 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, 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;
            (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) 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 establish 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 forces; 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.

            Passed the Senate November 14, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2712

_______________________________________________________________________

                                 AN ACT

    To authorize economic and democratic development assistance for 
 Afghanistan and to authorize military assistance for Afghanistan and 
                    certain other foreign countries.