[Congressional Bills 107th Congress]
[From the U.S. Government Publishing 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