[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 2712 Reported in Senate (RS)]






                                                       Calendar No. 597
107th CONGRESS
  2d Session
                                S. 2712

                          [Report No. 107-278]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2002

 Mr. Hagel  (for himself, Mr. Torricelli, Mr. Helms, Mr. Edwards, Mr. 
 Lieberman, Mr. Lugar, Mr. Daschle, Mr. Biden, Mr. Nelson of Florida, 
  Mr. McCain, Mr. Allen, and Mr. Wellstone) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

                           September 12, 2002

                Reported by Mr. Biden, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS; 
              DEFINITION.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Afghanistan Freedom Support Act of 2002''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents; definition.
 <DELETED>TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR 
                              AFGHANISTAN

<DELETED>Sec. 101. Declaration of policy.
<DELETED>Sec. 102. Purposes of assistance.
<DELETED>Sec. 103. Principles of assistance.
<DELETED>Sec. 104. Authorization of assistance.
<DELETED>Sec. 105. Coordination of assistance.
<DELETED>Sec. 106. Administrative provisions.
<DELETED>Sec. 107. Authorization of appropriations.
  <DELETED>TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN 
        OTHER FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS

<DELETED>Sec. 201. Support for security during transition in 
                            Afghanistan.
<DELETED>Sec. 202. Authorization of assistance.
<DELETED>Sec. 203. Eligible foreign countries and eligible 
                            international organizations.
<DELETED>Sec. 204. Reimbursement for assistance.
<DELETED>Sec. 205. Authority to provide assistance.
<DELETED>Sec. 206. Promoting secure delivery of humanitarian and other 
                            assistance in Afghanistan.
<DELETED>Sec. 207. Sunset.
<DELETED>TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE 
                            FOR AFGHANISTAN

<DELETED>Sec. 301. Prohibition on United States involvement in poppy 
                            cultivation or illicit narcotics growth, 
                            production, or trafficking.
<DELETED>Sec. 302. Requirement to report by certain United States 
                            officials.
<DELETED>Sec. 303. Report by the President.
<DELETED>    (c) Definition.--In this Act, the term ``Government of 
Afghanistan'' includes--</DELETED>
        <DELETED>    (1) the government of any political subdivision of 
        Afghanistan; and</DELETED>
        <DELETED>    (2) any agency or instrumentality of the 
        Government of Afghanistan.</DELETED>

 <DELETED>TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR 
                         AFGHANISTAN</DELETED>

<DELETED>SEC. 101. DECLARATION OF POLICY.</DELETED>

<DELETED>    Congress makes the following declarations:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The United States, in particular, should 
        provide its expertise to meet immediate humanitarian and 
        refugee needs, fight the production and flow of illicit 
        narcotics, and aid in the reconstruction of Afghanistan's 
        agriculture, health care, civil service, financial, and 
        educational systems.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. PURPOSES OF ASSISTANCE.</DELETED>

<DELETED>    The purposes of assistance authorized by this title are--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) to support the reconstruction of Afghanistan 
        through, among other things, programs that create jobs, 
        facilitate clearance of landmines, and rebuild the agriculture 
        sector, the health care system, and the educational system of 
        Afghanistan; and</DELETED>
        <DELETED>    (8) to include specific resources to the Ministry 
        for Women's Affairs of Afghanistan to carry out its 
        responsibilities for legal advocacy, education, vocational 
        training, and women's health programs.</DELETED>

<DELETED>SEC. 103. PRINCIPLES OF ASSISTANCE.</DELETED>

<DELETED>    The following principles should guide the provision of 
assistance authorized by this title:</DELETED>
        <DELETED>    (1) Terrorism and narcotics control.--Assistance 
        should be designed to reduce the likelihood of harm to United 
        States and other allied forces in Afghanistan and the region, 
        the likelihood of additional acts of international terrorism 
        emanating from Afghanistan, and the cultivation, production, 
        trafficking, and use of illicit narcotics in 
        Afghanistan.</DELETED>
        <DELETED>    (2) Role of women.--Assistance should increase the 
        participation of women at the national, regional, and local 
        levels in Afghanistan, wherever feasible, by enhancing the role 
        of women in decisionmaking processes, as well as by providing 
        support for programs that aim to expand economic and 
        educational opportunities and health programs for women and 
        educational and health programs for girls.</DELETED>
        <DELETED>    (3) Afghan ownership.--Assistance should build 
        upon Afghan traditions and practices. The strong tradition of 
        community responsibility and self-reliance in Afghanistan 
        should be built upon to increase the capacity of the Afghan 
        people and institutions to participate in the reconstruction of 
        Afghanistan.</DELETED>
        <DELETED>    (4) Stability.--Assistance should encourage the 
        restoration of security in Afghanistan, including, among other 
        things, the disarmament, demobilization, and reintegration of 
        combatants, and the establishment of the rule of law, including 
        the establishment of a police force and an effective, 
        independent judiciary.</DELETED>
        <DELETED>    (5) Coordination.--Assistance should be part of a 
        larger donor effort for Afghanistan. The magnitude of the 
        devastation--natural and man-made--to institutions and 
        infrastructure make it imperative that there be close 
        coordination and collaboration among donors. The United States 
        should endeavor to assert its leadership to have the efforts of 
        international donors help achieve the purposes established by 
        this title.</DELETED>

<DELETED>SEC. 104. AUTHORIZATION OF ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The President is authorized to provide 
assistance for Afghanistan for the following activities:</DELETED>
        <DELETED>    (1) Urgent humanitarian needs.--To assist in 
        meeting the urgent humanitarian needs of the people of 
        Afghanistan, including assistance such as--</DELETED>
                <DELETED>    (A) emergency food, shelter, and medical 
                assistance;</DELETED>
                <DELETED>    (B) clean drinking water and 
                sanitation;</DELETED>
                <DELETED>    (C) preventative health care, including 
                childhood vaccination, therapeutic feeding, maternal 
                child health services, and infectious diseases 
                surveillance and treatment;</DELETED>
                <DELETED>    (D) family tracing and reunification 
                services; and</DELETED>
                <DELETED>    (E) clearance of landmines.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) assistance identified in paragraph 
                (1);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (iv) continue the annual opium crop survey 
                and strategic studies on opium crop planting and 
                farming in Afghanistan; and</DELETED>
                <DELETED>    (v) reduce demand for illicit narcotics 
                among the people of Afghanistan, including refugees 
                returning to Afghanistan.</DELETED>
        <DELETED>    (B) For each of the fiscal years 2002 through 
        2005, $15,000,000 of the amount made available to carry out 
        this title is authorized to be made available for a 
        contribution to the United Nations Drug Control Program for the 
        purpose of carrying out activities described in clauses (i) 
        through (v) of subparagraph (A). Amounts made available under 
        the preceding sentence are in addition to amounts otherwise 
        available for such purposes.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) rehabilitation of the agricultural 
                infrastructure, including irrigation systems and rural 
                roads;</DELETED>
                <DELETED>    (B) extension of credit;</DELETED>
                <DELETED>    (C) provision of critical agricultural 
                inputs, such as seeds, tools, and fertilizer, and 
                strengthening of seed multiplication, certification, 
                and distribution systems;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) livestock rehabilitation through 
                market development and other mechanisms to distribute 
                stocks to replace those stocks lost as a result of 
                conflict or drought;</DELETED>
                <DELETED>    (F) mine awareness and demining programs 
                and programs to assist mine victims, war orphans, and 
                widows;</DELETED>
                <DELETED>    (G) programs relating to infant and young 
                child feeding, immunizations, vitamin A 
                supplementation, and prevention and treatment of 
                diarrheal diseases and respiratory 
                infections;</DELETED>
                <DELETED>    (H) programs to improve maternal and child 
                health and reduce maternal and child 
                mortality;</DELETED>
                <DELETED>    (I) programs to improve hygienic and 
                sanitation practices and for the prevention and 
                treatment of infectious diseases, such as tuberculosis 
                and malaria;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (K) programs for housing, rebuilding urban 
                infrastructure, and supporting basic urban services; 
                and</DELETED>
                <DELETED>    (L) disarmament, demobilization, and 
                reintegration of armed combatants into society, 
                particularly child soldiers.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (i) support for international 
                organizations that provide civil advisers to the 
                Government of Afghanistan;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (iii) programs to enable the Government of 
                Afghanistan to recruit and train teachers, with special 
                focus on the recruitment and training of female 
                teachers;</DELETED>
                <DELETED>    (iv) programs to enable the Government of 
                Afghanistan to develop school curriculum that 
                incorporates relevant information such as landmine 
                awareness, food security and agricultural education, 
                human rights awareness, and civic education;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (vii) support for an independent 
                media;</DELETED>
                <DELETED>    (viii) programs that support the expanded 
                participation of women and members of all ethnic groups 
                in government at national, regional, and local 
                levels;</DELETED>
                <DELETED>    (ix) programs to strengthen civil society 
                organizations that promote human rights and support 
                human rights monitoring;</DELETED>
                <DELETED>    (x) support for national, regional, and 
                local elections and political party 
                development;</DELETED>
                <DELETED>    (xi) support for the effective 
                administration of justice at the national, regional, 
                and local levels, including the establishment of a 
                responsible and community-based police force; 
                and</DELETED>
                <DELETED>    (xii) support for establishment of a 
                central bank and central budgeting authority.</DELETED>
        <DELETED>    (B) For each of the fiscal years 2003 through 
        2005, not less than $10,000,000 of the amount made available to 
        carry out this title should be made available for the purposes 
        of carrying out a traditional Afghan assembly or ``Loya Jirga'' 
        and for support for national, regional, and local elections and 
        political party development under subparagraph 
        (A)(x).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) encourage the return of Afghanistan 
                citizens or nationals living abroad who have marketable 
                and business-related skills;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) facilitate expanded trade with 
                countries in the region;</DELETED>
                <DELETED>    (D) promote and foster respect for basic 
                workers' rights and protections against exploitation of 
                child labor; and</DELETED>
                <DELETED>    (E) provide financing programs for the 
                reconstruction of Kabul and other major cities in 
                Afghanistan.</DELETED>
<DELETED>    (b) Limitation.--</DELETED>
        <DELETED>    (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 substantial progress 
        has been made toward adopting a constitution and establishing a 
        democratically elected government for Afghanistan.</DELETED>
        <DELETED>    (2) Waiver.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>

<DELETED>SEC. 105. COORDINATION OF ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The President is strongly urged to 
designate, within the Department of State, a coordinator who shall be 
responsible for--</DELETED>
        <DELETED>    (1) designing an overall strategy to advance 
        United States interests in Afghanistan;</DELETED>
        <DELETED>    (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying out the 
        policies set forth in this title;</DELETED>
        <DELETED>    (3) pursuing coordination with other countries and 
        international organizations with respect to assistance to 
        Afghanistan;</DELETED>
        <DELETED>    (4) ensuring that United States assistance 
        programs for Afghanistan are consistent with this 
        title;</DELETED>
        <DELETED>    (5) ensuring proper management, implementation, 
        and oversight by agencies responsible for assistance programs 
        for Afghanistan; and</DELETED>
        <DELETED>    (6) resolving policy and program disputes among 
        United States Government agencies with respect to United States 
        assistance for Afghanistan.</DELETED>
<DELETED>    (b) Rank and Status of the Coordinator.--The coordinator 
designated under subsection (a) shall have the rank and status of 
ambassador.</DELETED>

<DELETED>SEC. 106. ADMINISTRATIVE PROVISIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Use of the Expertise of Afghan-Americans.--In 
providing assistance authorized by this title, the President should--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Donations of Manufacturing Equipment; Use of Land 
Grant Colleges and Universities.--In providing assistance authorized by 
this title, the President, to the maximum extent practicable, should--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) utilize research conducted by United States 
        land grant colleges and universities and the technical 
        expertise of professionals within those institutions, 
        particularly in the areas of agriculture and rural 
        development.</DELETED>
<DELETED>    (d) Administrative Expenses.--Not more than 5 percent of 
the amount made available to a Federal department or agency to carry 
out this title for a fiscal year may be used by the department or 
agency for administrative expenses in connection with such 
assistance.</DELETED>
<DELETED>    (e) Monitoring.--</DELETED>
        <DELETED>    (1) Comptroller general.--The Comptroller General 
        shall monitor the provision of assistance under this 
        title.</DELETED>
        <DELETED>    (2) Inspector general of usaid.--</DELETED>
                <DELETED>    (A) In general.--The Inspector General of 
                the United States Agency for International Development 
                shall conduct audits, inspections, and other 
                activities, as appropriate, associated with the 
                expenditure of the funds to carry out this 
                title.</DELETED>
                <DELETED>    (B) Funding.--Not more than $1,500,000 of 
                the amount made available to carry out this title for a 
                fiscal year shall be made available to carry out 
                subparagraph (A).</DELETED>
<DELETED>    (f) Congressional Notification Procedures.--Funds made 
available to carry out this title may not be obligated until 15 days 
after notification of the proposed obligation of the funds has been 
provided to the congressional committees specified in section 634A of 
the Foreign Assistance Act of 1961 in accordance with the procedures 
applicable to reprogramming notifications under that section.</DELETED>

<DELETED>SEC. 107. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
to the President to carry out this title $300,000,000 for each of the 
fiscal years 2002 through 2004, and $250,000,000 for fiscal year 2005. 
Amounts authorized to be appropriated pursuant to the preceding 
sentence for fiscal year 2002 are in addition to amounts otherwise 
available for assistance for Afghanistan.</DELETED>
<DELETED>    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are--</DELETED>
        <DELETED>    (1) authorized to remain available until expended; 
        and</DELETED>
        <DELETED>    (2) in addition to funds otherwise available for 
        such purposes, including, with respect to food assistance under 
        section 104(a)(1), funds available under title II of the 
        Agricultural Trade Development and Assistance Act of 1954, the 
        Food for Progress Act of 1985, and section 416(b) of the 
        Agricultural Act of 1949.</DELETED>

  <DELETED>TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN 
   OTHER FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS</DELETED>

<DELETED>SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN 
              AFGHANISTAN.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the creation and training of a professional 
        civilian police force that respects human rights; and</DELETED>
        <DELETED>    (3) a multinational security force in 
        Afghanistan.</DELETED>

<DELETED>SEC. 202. AUTHORIZATION OF ASSISTANCE.</DELETED>

<DELETED>    (a) Types of Assistance.--</DELETED>
        <DELETED>    (1) In general.--(A) To the extent that funds are 
        appropriated in any fiscal year for the purposes of this Act, 
the President may provide, consistent with existing United States 
statutes, defense articles, defense services, counter-narcotics, crime 
control and police training services, and other support (including 
training) to the Government of Afghanistan.</DELETED>
        <DELETED>    (B) To the extent that funds are appropriated in 
        any fiscal year for these purposes, the President may provide, 
        consistent with existing United States statutes, defense 
        articles, defense services, and other support (including 
        training) to eligible foreign countries and eligible 
        international organizations.</DELETED>
        <DELETED>    (C) The assistance authorized under subparagraph 
        (B) shall be used for directly supporting the activities 
        described in section 203.</DELETED>
        <DELETED>    (2) Drawdown authority.--The President is 
        authorized to direct the drawdown of defense articles, defense 
        services, and military education and training for the 
        Government of Afghanistan, eligible foreign countries, and 
        eligible international organizations.</DELETED>
        <DELETED>    (3) Authority to acquire by contract or 
        otherwise.--The assistance authorized under paragraphs (1) and 
        (2) and under Public Law 105-338 may include the supply of 
        defense articles, defense services, counter-narcotics, crime 
        control and police training services, other support, and 
        military education and training that are acquired by contract 
        or otherwise.</DELETED>
<DELETED>    (b) Amount of Assistance.--The aggregate value (as defined 
in section 644(m) of the Foreign Assistance Act of 1961) of assistance 
provided under subsection (a)(2) may not exceed $300,000,000, provided 
that such limitation shall be increased by any amounts appropriated 
pursuant to the authorization of appropriations in section 
204(b)(1).</DELETED>

<DELETED>SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE 
              INTERNATIONAL ORGANIZATIONS.</DELETED>

<DELETED>    (a) Eligibility for Assistance.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), a foreign country or international organization shall be 
        eligible to receive assistance under section 202 if such 
        foreign country or international organization is participating 
        in or directly supporting United States military activities 
        authorized under Public Law 107-40 or is participating in 
        military, peacekeeping, or policing operations in Afghanistan 
        aimed at restoring or maintaining peace and security in that 
        country.</DELETED>
        <DELETED>    (2) Exception.--No country the government of which 
        has been determined by the Secretary of State to have 
        repeatedly provided support for acts of international terrorism 
        under section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371), section 6(j)(1) of the Export Administration Act 
        of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the 
        Arms Export Control Act (22 U.S.C. 2780(d)) shall be eligible 
        to receive assistance under section 202.</DELETED>
<DELETED>    (b) Waiver.--The President may waive the application of 
subsection (a)(2) if the President determines that it is important to 
the national security interest of the United States to do so.</DELETED>

<DELETED>SEC. 204. REIMBURSEMENT FOR ASSISTANCE.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Availability.--Amounts appropriated pursuant 
        to the authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended, and are in 
        addition to amounts otherwise available for the purposes 
        described in this title.</DELETED>

<DELETED>SEC. 205. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE 
              INTERNATIONAL ORGANIZATIONS.</DELETED>

<DELETED>    (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 of the House of 
Representatives and the Committee on Foreign Relations of the Senate of 
such determination at least 15 days in advance of providing such 
assistance.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER 
              ASSISTANCE IN AFGHANISTAN.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) The President has declared his view that the 
        United States should provide significant assistance to 
        Afghanistan so that it never again becomes a haven for 
        terrorism.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Enhanced stability in Afghanistan through an 
        improved security environment is critical to the fostering of 
        the Afghan Interim Authority and the traditional Afghan 
        assembly or ``Loya Jirga'' process, which is intended to lead 
        to a permanent national government in Afghanistan, and also is 
        essential for the participation of women in Afghan 
        society.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) The violence and lawlessness may jeopardize 
        the ``Loya Jirga'' process, undermine efforts to build a strong 
        central government, severely impede reconstruction and the 
        delivery of humanitarian assistance, and increase the 
        likelihood that parts of Afghanistan will once again become 
        safe havens for al-Qaida, Taliban forces, and drug 
        traffickers.</DELETED>
        <DELETED>    (6) The lack of security and lawlessness may also 
        perpetuate the need for United States Armed Forces in 
        Afghanistan and threaten the ability of the United States to 
        meet its military objectives.</DELETED>
        <DELETED>    (7) The International Security Assistance Force in 
        Afghanistan, currently led by Turkey, and composed of forces 
        from other willing countries without the participation of 
        United States Armed Forces, is deployed only in Kabul and 
        currently does not have the mandate or the capacity to provide 
        security to other parts of Afghanistan.</DELETED>
        <DELETED>    (8) Due to the ongoing military campaign in 
        Afghanistan, the United States does not contribute troops to 
        the International Security Assistance Force but has provided 
        support to other countries that are doing so.</DELETED>
        <DELETED>    (9) The United States is providing political, 
        financial, training, and other assistance to the Afghan Interim 
        Authority as it begins to build a national army and police 
        force to help provide security throughout Afghanistan, but this 
        effort is not meeting the immediate security needs of 
        Afghanistan.</DELETED>
        <DELETED>    (10) Because of these immediate security needs, 
        the Afghan Interim Authority, its Chairman, Hamid Karzai, and 
        many Afghan regional leaders have called for the International 
        Security Assistance Force, which has successfully brought 
        stability to Kabul, to be expanded and deployed throughout the 
        country, and this request has been strongly supported by a wide 
        range of international humanitarian organizations, including 
        the International Committee of the Red Cross, Catholic Relief 
        Services, and Refugees International.</DELETED>
        <DELETED>    (11)(A) On January 29, 2002, the President stated 
        that ``[w]e will help the new Afghan government provide the 
        security that is the foundation of peace''.</DELETED>
        <DELETED>    (B) On March 25, 2002, the Secretary of Defense 
        stated, with respect to the reconstruction of Afghanistan, that 
        ``the first thing . . . you need for anything else to happen, 
        for hospitals to happen, for roads to happen, for refugees to 
        come back, for people to be fed and humanitarian workers to 
        move on the country . . . [y]ou've got to have 
        security''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Preparation of Strategy.--Not later than 45 days after 
the date of the enactment of this Act, and every six months thereafter, 
the President shall transmit to the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate a strategy for meeting the 
immediate and long-term security needs of Afghanistan in order to 
promote safe and effective delivery of humanitarian and other 
assistance throughout Afghanistan, further the rule of law and civil 
order, and support the formation of a functioning, representative 
Afghan national government.</DELETED>

<DELETED>SEC. 207. SUNSET.</DELETED>

<DELETED>    The authority of this title shall expire after December 
31, 2004.</DELETED>

<DELETED>TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE 
                       FOR AFGHANISTAN</DELETED>

<DELETED>SEC. 301. PROHIBITION ON UNITED STATES INVOLVEMENT IN POPPY 
              CULTIVATION OR ILLICIT NARCOTICS GROWTH, PRODUCTION, OR 
              TRAFFICKING.</DELETED>

<DELETED>    No officer or employee of any Federal department or agency 
who is involved in the provision of assistance under this Act may 
knowingly encourage or participate in poppy cultivation or illicit 
narcotics growth, production, or trafficking in Afghanistan. No United 
States military or civilian aircraft or other United States vehicle 
that is used with respect to the provision of assistance under this Act 
may be used to facilitate the distribution of poppies or illicit 
narcotics in Afghanistan.</DELETED>

<DELETED>SEC. 302. REQUIREMENT TO REPORT BY CERTAIN UNITED STATES 
              OFFICIALS.</DELETED>

<DELETED>    (a) Requirement.--An officer or employee of any Federal 
department or agency involved in the provision of assistance under this 
Act and having knowledge of facts or circumstances that reasonably 
indicate that any agency or instrumentality of the Government of 
Afghanistan, or any other individual (including an individual who 
exercises civil power by force over a limited region) or organization 
in Afghanistan, that receives assistance under this Act is involved in 
poppy cultivation or illicit narcotics growth, production, or 
trafficking shall, notwithstanding any memorandum of understanding or 
other agreement to the contrary, report such knowledge or facts to the 
appropriate official.</DELETED>
<DELETED>    (b) Definition.--In this section, the term ``appropriate 
official'' means the Attorney General, the Inspector General of the 
Federal department or agency involved, or the head of such department 
or agency.</DELETED>

<DELETED>SEC. 303. REPORT BY THE PRESIDENT.</DELETED>

<DELETED>    Not later than 6 months after the date of the enactment of 
this Act, and annually thereafter, the President shall transmit to 
Congress a written report on the progress of the Government of 
Afghanistan toward the eradication of poppy cultivation, the disruption 
of heroin production, and the reduction of the overall supply and 
demand for illicit narcotics in Afghanistan in accordance with the 
provisions of this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.

    (a) Short Title.--This Act may be cited as the ``Afghanistan 
Freedom Support Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; definition.

TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Principles of assistance.
Sec. 104. Authorization of assistance.
Sec. 105. Coordination of assistance.
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.
Sec. 207. Relationship to other authority.
Sec. 208. Sense of Congress regarding expansion of the International 
                            Security Assistance Force; authorization of 
                            appropriations.
Sec. 209. Sunset.
    (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; 
        and
            (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.

SEC. 103. PRINCIPLES OF ASSISTANCE.

    The following principles should guide the provision of assistance 
authorized by this title:
            (1) Terrorism and narcotics control.--Assistance should be 
        designed to reduce the likelihood of harm to United States and 
        other allied forces in Afghanistan and the region, the 
        likelihood of additional acts of international terrorism 
        emanating from Afghanistan, and the cultivation, production, 
        trafficking, and use of illicit narcotics in Afghanistan.
            (2) Role of women.--Assistance should increase the 
        participation of women at the national, regional, and local 
        levels in Afghanistan, wherever feasible, by enhancing the role 
        of women in decisionmaking processes, as well as by providing 
        support for programs that aim to expand economic and 
        educational opportunities and health programs for women and 
        educational and health programs for girls.
            (3) Afghan ownership.--Assistance should build upon Afghan 
        traditions and practices. The strong tradition of community 
        responsibility and self-reliance in Afghanistan should be built 
        upon to increase the capacity of the Afghan people and 
        institutions to participate in the reconstruction of 
        Afghanistan.
            (4) Stability.--Assistance should encourage the restoration 
        of security in Afghanistan, including, among other things, the 
        disarmament, demobilization, and reintegration of combatants, 
        and the establishment of the rule of law, including the 
        establishment of a police force and an effective, independent 
        judiciary.
            (5) Coordination.--Assistance should be part of a larger 
        donor effort for Afghanistan. The magnitude of the 
        devastation--natural and man-made--to institutions and 
        infrastructure make it imperative that there be close 
        coordination and collaboration among donors. The United States 
        should endeavor to assert its leadership to have the efforts of 
        international donors help achieve the purposes established by 
        this title.

SEC. 104. AUTHORIZATION OF ASSISTANCE.

    (a) In General.--Notwithstanding any other 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.
            (2) Repatriation and resettlement of refugees and 
        internally displaced persons.--To assist refugees and 
        internally displaced persons as they return to their home 
        communities in Afghanistan and to support their reintegration 
        into those communities, including assistance such as--
                    (A) assistance identified in paragraph (1);
                    (B) assistance to communities, including those in 
                neighboring countries, that have taken in large numbers 
                of refugees in order to rehabilitate or expand social, 
                health, and educational services that may have suffered 
                as a result of the influx of large numbers of refugees;
                    (C) assistance to international organizations and 
                host governments in maintaining security by screening 
                refugees to ensure the exclusion of armed combatants, 
                members of foreign terrorist organizations, and other 
                individuals not eligible for economic assistance from 
                the United States; and
                    (D) assistance for voluntary refugee repatriation 
                and reintegration inside Afghanistan and continued 
                assistance to those refugees who are unable or 
                unwilling to return, and humanitarian assistance to 
                internally displaced persons, including those persons 
                who need assistance to return to their homes, through 
                the United Nations High Commissioner for Refugees and 
                other organizations charged with providing such 
                assistance.
            (3) Counternarcotics efforts.--(A) To assist in the 
        eradication of poppy cultivation, the disruption of heroin 
        production, and the reduction of the overall supply and demand 
        for illicit narcotics in Afghanistan and the region, with 
        particular emphasis on assistance to--
                    (i) eradicate opium poppy, establish crop 
                substitution programs, purchase nonopium products from 
                farmers in opium-growing areas, quick-impact public 
                works programs to divert labor from narcotics 
                production, develop projects directed specifically at 
                narcotics production, processing, or trafficking areas 
                to provide incentives to cooperation in narcotics 
                suppression activities, and related programs;
                    (ii) establish or provide assistance to one or more 
                entities within the Government of Afghanistan, 
                including the Afghan State High Commission for Drug 
                Control, and to provide training and equipment for the 
                entities, to help enforce counternarcotics laws in 
                Afghanistan and limit illicit narcotics growth, 
                production, and trafficking in Afghanistan;
                    (iii) train and provide equipment for customs, 
                police, and other border control entities in 
                Afghanistan and the region relating to illicit 
                narcotics interdiction and relating to precursor 
                chemical controls and interdiction to help disrupt 
                heroin production in Afghanistan and the region;
                    (iv) continue the annual opium crop survey and 
                strategic studies on opium crop planting and farming in 
                Afghanistan; and
                    (v) reduce demand for illicit narcotics among the 
                people of Afghanistan, including refugees returning to 
                Afghanistan.
            (B) For each of the fiscal years 2002 through 2005, 
        $15,000,000 of the amount made available to carry out this 
title is authorized to be made available for a contribution to the 
United Nations Drug Control Program for the purpose of carrying out 
activities described in clauses (i) through (v) of subparagraph (A). 
Amounts made available under the preceding sentence are in addition to 
amounts otherwise available for such purposes.
            (4) Reestablishment of food security, rehabilitation of the 
        agriculture sector, improvement in health conditions, and the 
        reconstruction of basic infrastructure.--To assist in expanding 
        access to markets in Afghanistan, to increase the availability 
        of food in markets in Afghanistan, to rehabilitate the 
        agriculture sector in Afghanistan by creating jobs for former 
        combatants, returning refugees, and internally displaced 
        persons, to improve health conditions, and assist in the 
        rebuilding of basic infrastructure in Afghanistan, including 
        assistance such as--
                    (A) rehabilitation of the agricultural 
                infrastructure, including irrigation systems and rural 
                roads;
                    (B) extension of credit;
                    (C) provision of critical agricultural inputs, such 
                as seeds, tools, and fertilizer, and strengthening of 
                seed multiplication, certification, and distribution 
                systems;
                    (D) improvement in the quantity and quality of 
                water available through, among other things, 
                rehabilitation of existing irrigation systems and the 
                development of local capacity to manage irrigation 
                systems;
                    (E) livestock rehabilitation through market 
                development and other mechanisms to distribute stocks 
                to replace those stocks lost as a result of conflict or 
                drought;
                    (F) mine awareness and demining programs and 
                programs to assist mine victims, war orphans, and 
                widows;
                    (G) programs relating to infant and young child 
                feeding, immunizations, vitamin A supplementation, and 
                prevention and treatment of diarrheal diseases and 
                respiratory infections;
                    (H) programs to improve maternal and child health 
                and reduce maternal and child mortality;
                    (I) programs to improve hygienic and sanitation 
                practices and for the prevention and treatment of 
                infectious diseases, such as tuberculosis and malaria;
                    (J) programs to reconstitute the delivery of health 
                care, including the reconstruction of health clinics or 
                other basic health infrastructure, with particular 
                emphasis on health care for children who are orphans;
                    (K) programs for housing, rebuilding urban 
                infrastructure, and supporting basic urban services; 
                and
                    (L) disarmament, demobilization, and reintegration 
                of armed combatants into society, particularly child 
                soldiers.
            (5) Reestablishment of afghanistan as a viable nation-
        state.--(A) To assist in the development of the capacity of the 
        Government of Afghanistan to meet the needs of the people of 
        Afghanistan through, among other things, support for the 
        development and expansion of democratic and market-based 
        institutions, including assistance such as--
                    (i) support for international organizations that 
                provide civil advisers to the Government of 
                Afghanistan;
                    (ii) support for an educated citizenry through 
                improved access to basic education, with particular 
                emphasis on basic education for children who are 
                orphans, with particular emphasis on basic education 
                for children;
                    (iii) programs to enable the Government of 
                Afghanistan to recruit and train teachers, with special 
                focus on the recruitment and training of female 
                teachers;
                    (iv) programs to enable the Government of 
                Afghanistan to develop school curriculum that 
                incorporates relevant information such as landmine 
                awareness, food security and agricultural education, 
                human rights awareness, and civic education;
                    (v) support for the activities of the Government of 
                Afghanistan to draft a new constitution, other legal 
                frameworks, and other initiatives to promote the rule 
                of law in Afghanistan;
                    (vi) support to increase the transparency, 
                accountability, and participatory nature of 
                governmental institutions, including programs designed 
                to combat corruption and other programs for the 
                promotion of good governance;
                    (vii) support for an independent media;
                    (viii) programs that support the expanded 
                participation of women and members of all ethnic groups 
                in government at national, regional, and local levels;
                    (ix) programs to strengthen civil society 
                organizations that promote human rights and support 
                human rights monitoring;
                    (x) support for national, regional, and local 
                elections and political party development;
                    (xi) support for the effective administration of 
                justice at the national, regional, and local levels, 
                including the establishment of a responsible and 
                community-based police force;
                    (xii) support for establishment of a central bank 
                and central budgeting authority; and
                    (xiii) 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, not 
        less than $10,000,000 of the amount made available to carry out 
        this title should be made available for the purposes of 
        carrying out a traditional Afghan assembly or ``Loya Jirga'' 
        and for support for national, regional, and local elections and 
political party development under subparagraph (A)(x).
            (6) Market economy.--To support the establishment of a 
        market economy, the establishment of private financial 
        institutions, the adoption of policies to promote foreign 
        direct investment, the development of a basic telecommunication 
        infrastructure, and the development of trade and other 
        commercial links with countries in the region and with the 
        United States, including policies to--
                    (A) encourage the return of Afghanistan citizens or 
                nationals living abroad who have marketable and 
                business-related skills;
                    (B) establish financial institutions, including 
                credit unions, cooperatives, and other entities 
                providing microenterprise credits and other income-
                generation programs for the poor, with particular 
                emphasis on women;
                    (C) facilitate expanded trade with countries in the 
                region;
                    (D) promote and foster respect for basic workers' 
                rights and protections against exploitation of child 
                labor; and
                    (E) 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;
                            (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 and in the 
                        investigation and monitoring of women's rights 
                        and human rights abuses.
                    (B) Availability of funds.--For each of the fiscal 
                years 2002 through 2005--
                            (i) $15,000,000 of the total amount made 
                        available for such fiscal year to carry out 
                        this title is authorized to be made available 
                        to the Afghan Ministry of Women's Affairs; and
                            (ii) $5,000,000 of the total amount made 
                        available for such fiscal year to carry out 
                        this title is authorized 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.
            (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 for fiscal year 2003, $100,000,000 for 
        fiscal year 2004, and $100,000,000 for fiscal year 2005. 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. 105. 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. 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 Land Grant 
Colleges and Universities.--In providing assistance authorized by this 
title, the President, to the maximum extent practicable, should--
            (1) encourage the donation of appropriate excess or 
        obsolete manufacturing and related equipment by United States 
        businesses (including small businesses) for the reconstruction 
        of Afghanistan; and
            (2) utilize research conducted by United States land grant 
        colleges and universities and the technical expertise of 
        professionals within those institutions, particularly in the 
        areas of agriculture and rural development.
    (d) Administrative Expenses.--Amounts made available to carry out 
this title may be made available to a Federal department or agency for 
administrative expenses incurred by the department or agency in 
connection with the providing of assistance under this title.
    (e) Monitoring.--
            (1) Comptroller general.--The Comptroller General shall 
        monitor the provision of assistance under this title.
            (2) Inspector general of usaid.--
                    (A) In general.--The Inspector General of the 
                United States Agency for International Development 
                shall conduct audits, inspections, and other 
                activities, as appropriate, associated with the 
                expenditure of the funds to carry out this title.
                    (B) Funding.--Not more than $1,500,000 of the 
                amount made available to carry out this title for a 
                fiscal year shall be made available to carry out 
                subparagraph (A).
    (f) 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 104(c)) 
$500,000,000 for each of the fiscal years 2002 through 2005.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are--
            (1) authorized to remain available until expended; and
            (2) in addition to funds otherwise available for such 
        purposes, including, with respect to food assistance under 
        section 104(a)(1), funds available under title II of the 
        Agricultural Trade Development and Assistance Act of 1954, the 
        Food for Progress Act of 1985, and section 416(b) of the 
        Agricultural Act of 1949.

TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN 
               COUNTRIES AND INTERNATIONAL ORGANIZATIONS

SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.

    It is the sense of Congress that, during the transition to a broad-
based, multi-ethnic, gender-sensitive, fully representative government 
in Afghanistan, the United States should support--
            (1) the development of a civilian-controlled and centrally-
        governed standing Afghanistan army that respects human rights 
        and prohibits the use of children as soldiers or combatants;
            (2) the creation and training of a professional civilian 
        police force that respects human rights; and
            (3) a multinational security force in Afghanistan.

SEC. 202. AUTHORIZATION OF ASSISTANCE.

    (a) 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).

SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL 
              ORGANIZATIONS.

    (a) Eligibility for Assistance.--
            (1) In general.--Except as provided in paragraph (2), a 
        foreign country or international organization shall be eligible 
        to receive assistance under section 202 if--
                    (A) 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
                    (B) such assistance is provided specifically for 
                such operations in Afghanistan.
            (2) Exception.--No country the government of which has been 
        determined by the Secretary of State to have repeatedly 
        provided support for acts of international terrorism under 
        section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2371), section 6(j)(1) of the Export Administration Act of 1979 
        (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms 
        Export Control Act (22 U.S.C. 2780(d)) shall be eligible to 
        receive assistance under section 202.
    (b) Waiver.--The President may waive the application of subsection 
(a)(2) if the President determines that it is important to the national 
security interest of the United States to do so.

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 
        authorized to remain available until expended, and 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 of the House of 
Representatives and the Committee on Foreign Relations of the Senate of 
such determination at least 15 days in advance of providing such 
assistance.
    (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.

    (a) Findings.--Congress finds the following:
            (1) The President has declared his view that the United 
        States should provide significant assistance to Afghanistan so 
        that it never again becomes a haven for terrorism.
            (2) The delivery of humanitarian and reconstruction 
        assistance from the international community is necessary for 
        the safe return of refugees and is critical to the future 
        stability of Afghanistan.
            (3) Enhanced stability in Afghanistan through an improved 
        security environment is critical to the fostering of the Afghan 
        Interim Authority and the traditional Afghan assembly or ``Loya 
        Jirga'' process, which is intended to lead to a permanent 
        national government in Afghanistan, and also is essential for 
        the participation of women in Afghan society.
            (4) Incidents of violence between armed factions and local 
        and regional commanders, and serious abuses of human rights, 
        including attacks on women and ethnic minorities throughout 
        Afghanistan, create an insecure, volatile, and unsafe 
        environment in parts of Afghanistan, displacing thousands of 
        Afghan civilians from their local communities.
            (5) The violence and lawlessness may jeopardize the ``Loya 
        Jirga'' process, undermine efforts to build a strong central 
        government, severely impede reconstruction and the delivery of 
        humanitarian assistance, and increase the likelihood that parts 
        of Afghanistan will once again become safe havens for al-Qaida, 
        Taliban forces, and drug traffickers.
            (6) The lack of security and lawlessness may also 
        perpetuate the need for United States Armed Forces in 
        Afghanistan and threaten the ability of the United States to 
        meet its military objectives.
            (7) The International Security Assistance Force in 
        Afghanistan, currently led by Turkey, and composed of forces 
        from other willing countries without the participation of 
        United States Armed Forces, is deployed only in Kabul and 
        currently does not have the mandate or the capacity to provide 
        security to other parts of Afghanistan.
            (8) Due to the ongoing military campaign in Afghanistan, 
        the United States does not contribute troops to the 
        International Security Assistance Force but has provided 
        support to other countries that are doing so.
            (9) The United States is providing political, financial, 
        training, and other assistance to the Afghan Interim Authority 
        as it begins to build a national army and police force to help 
        provide security throughout Afghanistan, but this effort is not 
        meeting the immediate security needs of Afghanistan.
            (10) Because of these immediate security needs, the Afghan 
        Interim Authority, its Chairman, Hamid Karzai, and many Afghan 
        regional leaders have called for the International Security 
        Assistance Force, which has successfully brought stability to 
        Kabul, to be expanded and deployed throughout the country, and 
        this request has been strongly supported by a wide range of 
        international humanitarian organizations, including the 
        International Committee of the Red Cross, Catholic Relief 
        Services, and Refugees International.
            (11)(A) On January 29, 2002, the President stated that 
        ``[w]e will help the new Afghan government provide the security 
        that is the foundation of peace''.
            (B) On March 25, 2002, the Secretary of Defense stated, 
        with respect to the reconstruction of Afghanistan, that ``the 
        first thing . . . you need for anything else to happen, for 
        hospitals to happen, for roads to happen, for refugees to come 
        back, for people to be fed and humanitarian workers to move on 
        the
        country . . . [y]ou've got to have security''.
    (b) Statement of Policy.--It should be the policy of the United 
States to support measures to help meet the immediate security needs of 
Afghanistan in order to promote safe and effective delivery of 
humanitarian and other assistance throughout Afghanistan, further the 
rule of law and civil order, and support the formation of a 
functioning, representative Afghan national government.
    (c) Preparation of Strategy.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, and every six months thereafter 
        through January 1, 2006, 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; 
                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) Form of information.--The initial provision of 
        information under paragraph (1) shall be made by transmittal of 
        a written report. Thereafter, the information required under 
        paragraph (1) may be provided in a written report or in an oral 
        briefing.

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 any other 
provision of law.

SEC. 208. SENSE OF CONGRESS REGARDING EXPANSION OF THE INTERNATIONAL 
              SECURITY ASSISTANCE FORCE; AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) Sense of Congress.--Congress urges the President, in order to 
fulfill the objective of establishing security in Afghanistan, to use 
the full diplomatic influence of the United States to expand the 
International Security Assistance Force (ISAF) beyond Kabul, 
Afghanistan by--
            (1) sponsoring in the United Nations Security Council a 
        resolution authorizing such an expansion of that force;
            (2) enlisting the European and other allies of the United 
        States to provide forces for an expanded International Security 
        Assistance Force in Afghanistan; and
            (3) providing such financial and military assistance, 
        including personnel, as the President considers necessary to 
        achieve the expansion of the International Security Assistance 
        Force.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the President $500,000,000 for each of fiscal years 
2003 and 2004 to provide the assistance described in subsection (a)(3).

SEC. 209. SUNSET.

    The authority of this title shall expire after September 30, 2005.




                                                       Calendar No. 597

107th CONGRESS

  2d Session

                                S. 2712

                          [Report No. 107-278]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 12, 2002

                       Reported with an amendment