[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11139-S11147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

  Mr. REID. Madam President, I ask unanimous consent that the Senate

[[Page S11140]]

proceed to the consideration of Calendar No. 597, S. 2712.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2712) to authorize economic and democratic 
     development assistance for Afghanistan and to authorize 
     military assistance for Afghanistan and certain other foreign 
     countries.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Foreign Relations with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

       [Strike the part shown in black brackets and insert the 
     part printed in Italic.]

                                S. 2712

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

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

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

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

     [TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR 
                              AFGHANISTAN

[Sec. 101. Declaration of policy.
[Sec. 102. Purposes of assistance.
[Sec. 103. Principles of assistance.
[Sec. 104. Authorization of assistance.
[Sec. 105. Coordination of assistance.
[Sec. 106. Administrative provisions.
[Sec. 107. Authorization of appropriations.

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

[Sec. 201. Support for security during transition in Afghanistan.
[Sec. 202. Authorization of assistance.
[Sec. 203. Eligible foreign countries and eligible international 
              organizations.
[Sec. 204. Reimbursement for assistance.
[Sec. 205. Authority to provide assistance.
[Sec. 206. Promoting secure delivery of humanitarian and other 
              assistance in Afghanistan.
[Sec. 207. Sunset.

  [TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR 
                              AFGHANISTAN

[Sec. 301. Prohibition on United States involvement in poppy 
              cultivation or illicit narcotics growth, production, or 
              trafficking.
[Sec. 302. Requirement to report by certain United States officials.
[Sec. 303. Report by the President.
       [(c) Definition.--In this Act, the term ``Government of 
     Afghanistan'' includes--
       [(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's agriculture, health 
     care, civil service, financial, and educational systems.
       [(3) By promoting peace and security in Afghanistan and 
     preventing a return to conflict, the United States and the 
     international community can help ensure that Afghanistan does 
     not again become a source for international terrorism.
       [(4) The United States should support the objectives agreed 
     to on December 5, 2001, in Bonn, Germany, regarding the 
     provisional arrangement for Afghanistan as it moves toward 
     the establishment of permanent institutions and, in 
     particular, should work intensively toward ensuring the 
     future neutrality of Afghanistan, establishing the principle 
     that neighboring countries and other countries in the region 
     do not threaten or interfere in one another's sovereignty, 
     territorial integrity, or political independence, including 
     supporting diplomatic initiatives to support this goal.
       [(5) The special emergency situation in Afghanistan, which 
     from the perspective of the American people combines 
     security, humanitarian, political, law enforcement, and 
     development imperatives, requires that the President should 
     receive maximum flexibility in designing, coordinating, and 
     administering efforts with respect to assistance for 
     Afghanistan and that a temporary special program of such 
     assistance should be established for this purpose.
       [(6) To foster stability and democratization and to 
     effectively eliminate the causes of terrorism, the United 
     States and the international community should also support 
     efforts that advance the development of democratic civil 
     authorities and institutions in the broader Central Asia 
     region.

     [SEC. 102. PURPOSES OF ASSISTANCE.

       [The purposes of assistance authorized by this title are--
       [(1) to help assure the security of the United States and 
     the world by reducing or eliminating the likelihood of 
     violence against United States or allied forces in 
     Afghanistan and to reduce the chance that [Afghanistan will 
     again be a source of international terrorism;
       [(2) to support the continued efforts of the United States 
     and the international community to address the humanitarian 
     crisis in Afghanistan and among Afghan refugees in 
     neighboring countries;
       [(3) to fight the production and flow of illicit narcotics, 
     to control the flow of precursor chemicals used in the 
     production of heroin, and to enhance and bolster the 
     capacities of Afghan governmental authorities to control 
     poppy cultivation and related activities;
       [(4) to help achieve a broad-based, multi-ethnic, gender-
     sensitive, and fully representative government in Afghanistan 
     that is freely chosen by the people of Afghanistan and that 
     respects the human rights of all Afghans, particularly women, 
     including authorizing assistance for the rehabilitation and 
     reconstruction of Afghanistan with a particular emphasis on 
     meeting the educational, health, and sustenance needs of 
     women and children to better enable their full participation 
     in Afghan society;
       [(5) to support the Government of Afghanistan in its 
     development of the capacity to facilitate, organize, develop, 
     and implement projects and activities that meet the needs of 
     the Afghan people;
       [(6) to foster the participation of civil society in the 
     establishment of the new Afghan government in order to 
     achieve a broad-based, multiethnic, gender-sensitive, fully 
     representative government freely chosen by the Afghan people, 
     without prejudice to any decisions which may be freely taken 
     by the Afghan people about the precise form in which their 
     government is to be organized in the future;
       [(7) to support the reconstruction of Afghanistan through, 
     among other things, programs that create jobs, facilitate 
     clearance of landmines, and rebuild the agriculture sector, 
     the health care system, and the educational system of 
     Afghanistan; and
       [(8) to include specific resources to the Ministry for 
     Women's Affairs of Afghanistan to carry out its 
     responsibilities for legal advocacy, education, vocational 
     training, and women's health programs.

     [SEC. 103. PRINCIPLES OF ASSISTANCE.

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

     [SEC. 104. AUTHORIZATION OF ASSISTANCE.

       [(a) In General.--The President is authorized to provide 
     assistance for Afghanistan for the following activities:
       [(1) Urgent humanitarian needs.--To assist in meeting the 
     urgent humanitarian needs of the people of Afghanistan, 
     including assistance such as--
       [(A) emergency food, shelter, and medical assistance;
       [(B) clean drinking water and sanitation;
       [(C) preventative health care, including childhood 
     vaccination, therapeutic feeding, maternal child health 
     services, and infectious diseases surveillance and treatment;

[[Page S11141]]

       [(D) family tracing and reunification services; and
       [(E) clearance of landmines.
       [(2) Repatriation and resettlement of refugees and 
     internally displaced persons.--To assist refugees and 
     internally displaced persons as they return to their home 
     communities in Afghanistan and to support their reintegration 
     into those communities, including assistance such as--
       [(A) assistance identified in paragraph (1);
       [(B) assistance to communities, including those in 
     neighboring countries, that have taken in large numbers of 
     refugees in order to rehabilitate or expand social, health, 
     and educational services that may have suffered as a result 
     of the influx of large numbers of refugees;
       [(C) assistance to international organizations and host 
     governments in maintaining security by screening refugees to 
     ensure the exclusion of armed combatants, members of foreign 
     terrorist organizations, and other individuals not eligible 
     for economic assistance from the United States; and
       [(D) assistance for voluntary refugee repatriation and 
     reintegration inside Afghanistan and continued assistance to 
     those refugees who are unable or unwilling to return, and 
     humanitarian assistance to internally displaced persons, 
     including those persons who need assistance to return to 
     their homes, through the United Nations High Commissioner for 
     Refugees and other organizations charged with providing such 
     assistance.
       [(3) Counternarcotics efforts.--(A) To assist in the 
     eradication of poppy cultivation, the disruption of heroin 
     production, and the reduction of the overall supply and 
     demand for illicit narcotics in Afghanistan and the region, 
     with particular emphasis on assistance to--
       [(i) eradicate opium poppy, establish crop substitution 
     programs, purchase nonopium products from farmers in opium-
     growing areas, quick-impact public works programs to divert 
     labor from narcotics production, develop projects directed 
     specifically at narcotics production, processing, or 
     trafficking areas to provide incentives to cooperation in 
     narcotics suppression activities, and related programs;
       [(ii) establish or provide assistance to one or more 
     entities within the Government of Afghanistan, including the 
     Afghan State High Commission for Drug Control, and to provide 
     training and equipment for the entities, to help enforce 
     counternarcotics laws in Afghanistan and limit illicit 
     narcotics growth, production, and trafficking in Afghanistan;
       [(iii) train and provide equipment for customs, police, and 
     other border control entities in Afghanistan and the region 
     relating to illicit narcotics interdiction and relating to 
     precursor chemical controls and interdiction to help disrupt 
     heroin production in Afghanistan and the region;
       [(iv) continue the annual opium crop survey and strategic 
     studies on opium crop planting and farming in Afghanistan; 
     and
       [(v) reduce demand for illicit narcotics among the people 
     of Afghanistan, including refugees returning to Afghanistan.
       [(B) For each of the fiscal years 2002 through 2005, 
     $15,000,000 of the amount made available to carry out this 
     title is authorized to be made available for a contribution 
     to the United Nations Drug Control Program for the purpose of 
     carrying out activities described in clauses (i) through (v) 
     of subparagraph (A). Amounts made available under the 
     preceding sentence are in addition to amounts otherwise 
     available for such purposes.
       [(4) Reestablishment of food security, rehabilitation of 
     the agriculture sector, improvement in health conditions, and 
     the reconstruction of basic infrastructure.--To assist in 
     expanding access to markets in Afghanistan, to increase the 
     availability of food in markets in Afghanistan, to 
     rehabilitate the agriculture sector in Afghanistan by 
     creating jobs for former combatants, returning refugees, and 
     internally displaced persons, to improve health conditions, 
     and assist in the rebuilding of basic infrastructure in 
     Afghanistan, including assistance such as--
       [(A) rehabilitation of the agricultural infrastructure, 
     including irrigation systems and rural roads;
       [(B) extension of credit;
       [(C) provision of critical agricultural inputs, such as 
     seeds, tools, and fertilizer, and strengthening of seed 
     multiplication, certification, and distribution systems;
       [(D) improvement in the quantity and quality of water 
     available through, among other things, rehabilitation of 
     existing irrigation systems and the development of local 
     capacity to manage irrigation systems;
       [(E) livestock rehabilitation through market development 
     and other mechanisms to distribute stocks to replace those 
     stocks lost as a result of conflict or drought;
       [(F) mine awareness and demining programs and programs to 
     assist mine victims, war orphans, and widows;
       [(G) programs relating to infant and young child feeding, 
     immunizations, vitamin A supplementation, and prevention and 
     treatment of diarrheal diseases and respiratory infections;
       [(H) programs to improve maternal and child health and 
     reduce maternal and child mortality;
       [(I) programs to improve hygienic and sanitation practices 
     and for the prevention and treatment of infectious diseases, 
     such as tuberculosis and malaria;
       [(J) programs to reconstitute the delivery of health care, 
     including the reconstruction of health clinics or other basic 
     health infrastructure, with particular emphasis on health 
     care for children who are orphans;
       [(K) programs for housing, rebuilding urban infrastructure, 
     and supporting basic urban services; and
       [(L) disarmament, demobilization, and reintegration of 
     armed combatants into society, particularly child soldiers.
       [(5) Reestablishment of afghanistan as a viable nation-
     state.--(A) To assist in the development of the capacity of 
     the Government of Afghanistan to meet the needs of the people 
     of Afghanistan through, among other things, support for the 
     development and expansion of democratic and market-based 
     institutions, including assistance such as--
       [(i) support for international organizations that provide 
     civil advisers to the Government of Afghanistan;
       [(ii) support for an educated citizenry through improved 
     access to basic education, with particular emphasis on basic 
     education for children who are orphans, with particular 
     emphasis on basic education for children;
       [(iii) programs to enable the Government of Afghanistan to 
     recruit and train teachers, with special focus on the 
     recruitment and training of female teachers;
       [(iv) programs to enable the Government of Afghanistan to 
     develop school curriculum that incorporates relevant 
     information such as landmine awareness, food security and 
     agricultural education, human rights awareness, and civic 
     education;
       [(v) support for the activities of the Government of 
     Afghanistan to draft a new constitution, other legal 
     frameworks, and other initiatives to promote the rule of law 
     in Afghanistan;
       [(vi) support to increase the transparency, accountability, 
     and participatory nature of governmental institutions, 
     including programs designed to combat corruption and other 
     programs for the promotion of good governance;
       [(vii) support for an independent media;
       [(viii) programs that support the expanded participation of 
     women and members of all ethnic groups in government at 
     national, regional, and local levels;
       [(ix) programs to strengthen civil society organizations 
     that promote human rights and support human rights 
     monitoring;
       [(x) support for national, regional, and local elections 
     and political party development;
       [(xi) support for the effective administration of justice 
     at the national, regional, and local levels, including the 
     establishment of a responsible and community-based police 
     force; and
       [(xii) support for establishment of a central bank and 
     central budgeting authority.
       [(B) For each of the fiscal years 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.
       [(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 substantial progress 
     has been made toward adopting a constitution and establishing 
     a democratically elected government for Afghanistan.
       [(2) Waiver.--
       [(A) In general.--The President may waive the application 
     of 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).

     [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--

[[Page S11142]]

       [(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.--Not more than 5 percent of 
     the amount made available to a Federal department or agency 
     to carry out this title for a fiscal year may be used by the 
     department or agency for administrative expenses in 
     connection with such assistance.
       [(e) Monitoring.--
       [(1) Comptroller general.--The Comptroller General shall 
     monitor the provision of assistance under this title.
       [(2) Inspector general of usaid.--
       [(A) In general.--The Inspector General of the United 
     States Agency for International Development shall conduct 
     audits, inspections, and other activities, as appropriate, 
     associated with the expenditure of the funds to carry out 
     this title.
       [(B) Funding.--Not more than $1,500,000 of the amount made 
     available to carry out this title for a fiscal year shall be 
     made available to carry out subparagraph (A).
       [(f) Congressional Notification Procedures.--Funds made 
     available to carry out this title may not be obligated until 
     15 days after notification of the proposed obligation of the 
     funds has been provided to the congressional committees 
     specified in section 634A of the Foreign Assistance Act of 
     1961 in accordance with the procedures applicable to 
     reprogramming notifications under that section.

     [SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

     [SEC. 202. AUTHORIZATION OF ASSISTANCE.

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

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

       [(a) 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 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.
       [(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. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE 
                   INTERNATIONAL ORGANIZATIONS.

       [(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

[[Page S11143]]

     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.--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.

     [SEC. 207. SUNSET.

       [The authority of this title shall expire after December 
     31, 2004.

  [TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR 
                              AFGHANISTAN

     [SEC. 301. PROHIBITION ON UNITED STATES INVOLVEMENT IN POPPY 
                   CULTIVATION OR ILLICIT NARCOTICS GROWTH, 
                   PRODUCTION, OR TRAFFICKING.

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

     [SEC. 302. REQUIREMENT TO REPORT BY CERTAIN UNITED STATES 
                   OFFICIALS.

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

     [SEC. 303. REPORT BY THE PRESIDENT.

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

     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

[[Page S11144]]

     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

[[Page S11145]]

       (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.

[[Page S11146]]

       (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

[[Page S11147]]

     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.
  Mr. REID. I ask unanimous consent that the Hagel-Biden-Helms 
amendment at the desk be agreed to; the committee substitute amendment, 
as amended, be agreed to; the bill, as amended, be read a third time 
and passed; the motion to reconsider be laid on the table, with no 
intervening action or debate, and that any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4956) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2712), as amended, was read the third time and passed, 
as follows:
  (The bill will be printed in a future edition of the Record.)

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