[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2712 Enrolled Bill (ENR)]
S.2712
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To authorize economic and democratic development assistance for
Afghanistan and to authorize military assistance for Afghanistan and
certain other foreign countries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Afghanistan
Freedom Support Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definition.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Authorization of assistance.
Sec. 104. Coordination of assistance.
Sec. 105. Sense of Congress regarding promoting cooperation in opium
producing areas.
Sec. 106. Administrative provisions.
Sec. 107. Relationship to other authority.
Sec. 108. Authorization of appropriations.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for security during transition in Afghanistan.
Sec. 202. Authorization of assistance.
Sec. 203. Eligible foreign countries and eligible international
organizations.
Sec. 204. Reimbursement for assistance.
Sec. 205. Congressional notification requirements.
Sec. 206. Promoting secure delivery of humanitarian and other assistance
in Afghanistan and expansion of the International Security
Assistance Force.
Sec. 207. Relationship to other authority.
Sec. 208. Sunset.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Requirement to comply with procedures relating to the
prohibition on assistance to drug traffickers.
Sec. 302. Sense of Congress regarding protecting Afghanistan's
President.
Sec. 303. Donor contributions to Afghanistan and reports.
(c) Definition.--In this Act, the term ``Government of
Afghanistan'' includes--
(1) the government of any political subdivision of Afghanistan;
and
(2) any agency or instrumentality of the Government of
Afghanistan.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
SEC. 101. DECLARATION OF POLICY.
Congress makes the following declarations:
(1) The United States and the international community should
support efforts that advance the development of democratic civil
authorities and institutions in Afghanistan and the establishment
of a new broad-based, multi-ethnic, gender-sensitive, and fully
representative government in Afghanistan.
(2) The United States, in particular, should provide its
expertise to meet immediate humanitarian and refugee needs, fight
the production and flow of illicit narcotics, and aid in the
reconstruction of Afghanistan.
(3) By promoting peace and security in Afghanistan and
preventing a return to conflict, the United States and the
international community can help ensure that Afghanistan does not
again become a source for international terrorism.
(4) The United States should support the objectives agreed to
on December 5, 2001, in Bonn, Germany, regarding the provisional
arrangement for Afghanistan as it moves toward the establishment of
permanent institutions and, in particular, should work intensively
toward ensuring the future neutrality of Afghanistan, establishing
the principle that neighboring countries and other countries in the
region do not threaten or interfere in one another's sovereignty,
territorial integrity, or political independence, including
supporting diplomatic initiatives to support this goal.
(5) The special emergency situation in Afghanistan, which from
the perspective of the American people combines security,
humanitarian, political, law enforcement, and development
imperatives, requires that the President should receive maximum
flexibility in designing, coordinating, and administering efforts
with respect to assistance for Afghanistan and that a temporary
special program of such assistance should be established for this
purpose.
(6) To foster stability and democratization and to effectively
eliminate the causes of terrorism, the United States and the
international community should also support efforts that advance
the development of democratic civil authorities and institutions in
the broader Central Asia region.
SEC. 102. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title are--
(1) to help assure the security of the United States and the
world by reducing or eliminating the likelihood of violence against
United States or allied forces in Afghanistan and to reduce the
chance that Afghanistan will again be a source of international
terrorism;
(2) to support the continued efforts of the United States and
the international community to address the humanitarian crisis in
Afghanistan and among Afghan refugees in neighboring countries;
(3) to fight the production and flow of illicit narcotics, to
control the flow of precursor chemicals used in the production of
heroin, and to enhance and bolster the capacities of Afghan
governmental authorities to control poppy cultivation and related
activities;
(4) to help achieve a broad-based, multi-ethnic, gender-
sensitive, and fully representative government in Afghanistan that
is freely chosen by the people of Afghanistan and that respects the
human rights of all Afghans, particularly women, including
authorizing assistance for the rehabilitation and reconstruction of
Afghanistan with a particular emphasis on meeting the educational,
health, and sustenance needs of women and children to better enable
their full participation in Afghan society;
(5) to support the Government of Afghanistan in its development
of the capacity to facilitate, organize, develop, and implement
projects and activities that meet the needs of the Afghan people;
(6) to foster the participation of civil society in the
establishment of the new Afghan government in order to achieve a
broad-based, multi-ethnic, gender-sensitive, fully representative
government freely chosen by the Afghan people, without prejudice to
any decisions which may be freely taken by the Afghan people about
the precise form in which their government is to be organized in
the future;
(7) to support the reconstruction of Afghanistan through, among
other things, programs that create jobs, facilitate clearance of
landmines, and rebuild the agriculture sector, the health care
system, and the educational system of Afghanistan;
(8) to provide resources to the Ministry for Women's Affairs of
Afghanistan to carry out its responsibilities for legal advocacy,
education, vocational training, and women's health programs; and
(9) to foster the growth of a pluralistic society that promotes
and respects religious freedom.
SEC. 103. AUTHORIZATION OF ASSISTANCE.
(a) In General.--Notwithstanding section 512 of Public Law 107-115
or any other similar provision of law, the President is authorized to
provide assistance for Afghanistan for the following activities:
(1) Urgent humanitarian needs.--To assist in meeting the urgent
humanitarian needs of the people of Afghanistan, including
assistance such as--
(A) emergency food, shelter, and medical assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including childhood
vaccination, therapeutic feeding, maternal child health
services, and infectious diseases surveillance and treatment;
(D) family tracing and reunification services; and
(E) clearance of landmines and other unexploded ordinance.
(2) Repatriation and resettlement of refugees and internally
displaced persons.--To assist refugees and internally displaced
persons as they return to their home communities in Afghanistan and
to support their reintegration into those communities, including
assistance such as--
(A) assistance identified in paragraph (1);
(B) assistance to communities, including those in
neighboring countries, that have taken in large numbers of
refugees in order to rehabilitate or expand social, health, and
educational services that may have suffered as a result of the
influx of large numbers of refugees;
(C) assistance to international organizations and host
governments in maintaining security by screening refugees to
ensure the exclusion of armed combatants, members of foreign
terrorist organizations, and other individuals not eligible for
economic assistance from the United States; and
(D) assistance for voluntary refugee repatriation and
reintegration inside Afghanistan and continued assistance to
those refugees who are unable or unwilling to return, and
humanitarian assistance to internally displaced persons,
including those persons who need assistance to return to their
homes, through the United Nations High Commissioner for
Refugees and other organizations charged with providing such
assistance.
(3) Counternarcotics efforts.--(A) To assist in the eradication
of poppy cultivation, the disruption of heroin production, and the
reduction of the overall supply and demand for illicit narcotics in
Afghanistan and the region, with particular emphasis on assistance
to--
(i) eradicate opium poppy, establish crop substitution
programs, purchase nonopium products from farmers in opium-
growing areas, quick-impact public works programs to divert
labor from narcotics production, develop projects directed
specifically at narcotics production, processing, or
trafficking areas to provide incentives to cooperation in
narcotics suppression activities, and related programs;
(ii) establish or provide assistance to one or more
entities within the Government of Afghanistan, including the
Afghan State High Commission for Drug Control, and to provide
training and equipment for the entities, to help enforce
counternarcotics laws in Afghanistan and limit illicit
narcotics growth, production, and trafficking in Afghanistan;
(iii) train and provide equipment for customs, police, and
other border control entities in Afghanistan and the region
relating to illicit narcotics interdiction and relating to
precursor chemical controls and interdiction to help disrupt
heroin production in Afghanistan and the region;
(iv) continue the annual opium crop survey and strategic
studies on opium crop planting and farming in Afghanistan; and
(v) reduce demand for illicit narcotics among the people of
Afghanistan, including refugees returning to Afghanistan.
(B) For each of the fiscal years 2003 through 2006, $15,000,000
is authorized to be appropriated to the President to be made
available for a contribution to the United Nations Drug Control
Program for the purpose of carrying out activities described in
clauses (i) through (v) of subparagraph (A). Amounts made available
under the preceding sentence are in addition to amounts otherwise
available for such purposes.
(4) Reestablishment of food security, rehabilitation of the
agriculture sector, improvement in health conditions, and the
reconstruction of basic infrastructure.--To assist in expanding
access to markets in Afghanistan, to increase the availability of
food in markets in Afghanistan, to rehabilitate the agriculture
sector in Afghanistan by creating jobs for former combatants,
returning refugees, and internally displaced persons, to improve
health conditions, and assist in the rebuilding of basic
infrastructure in Afghanistan, including assistance such as--
(A) rehabilitation of the agricultural infrastructure,
including irrigation systems and rural roads;
(B) extension of credit;
(C) provision of critical agricultural inputs, such as
seeds, tools, and fertilizer, and strengthening of seed
multiplication, certification, and distribution systems;
(D) improvement in the quantity and quality of water
available through, among other things, rehabilitation of
existing irrigation systems and the development of local
capacity to manage irrigation systems;
(E) livestock rehabilitation through market development and
other mechanisms to distribute stocks to replace those stocks
lost as a result of conflict or drought;
(F) mine awareness and demining programs and programs to
assist mine victims, war orphans, and widows;
(G) programs relating to infant and young child feeding,
immunizations, vitamin A supplementation, and prevention and
treatment of diarrheal diseases and respiratory infections;
(H) programs to improve maternal and child health and
reduce maternal and child mortality;
(I) programs to improve hygienic and sanitation practices
and for the prevention and treatment of infectious diseases,
such as tuberculosis and malaria;
(J) programs to reconstitute the delivery of health care,
including the reconstruction of health clinics or other basic
health infrastructure, with particular emphasis on health care
for children who are orphans;
(K) programs for housing (including repairing homes damaged
during military operations), rebuilding urban infrastructure,
and supporting basic urban services; and
(L) disarmament, demobilization, and reintegration of armed
combatants into society, particularly child soldiers.
(5) Reestablishment of afghanistan as a viable nation-state.--
(A) To assist in the development of the capacity of the Government
of Afghanistan to meet the needs of the people of Afghanistan
through, among other things, support for the development and
expansion of democratic and market-based institutions, including
assistance such as--
(i) support for international organizations that provide
civil advisers to the Government of Afghanistan;
(ii) support for an educated citizenry through improved
access to basic education, with particular emphasis on basic
education for children who are orphans, with particular
emphasis on basic education for children;
(iii) programs to enable the Government of Afghanistan to
recruit and train teachers, with special focus on the
recruitment and training of female teachers;
(iv) programs to enable the Government of Afghanistan to
develop school curriculum that incorporates relevant
information such as landmine awareness, food security and
agricultural education, human rights awareness, including
religious freedom, and civic education;
(v) support for the activities of the Government of
Afghanistan to draft a new constitution, other legal
frameworks, and other initiatives to promote the rule of law in
Afghanistan, including the recognition of religious freedom in
the constitution and other legal frameworks;
(vi) support to increase the transparency, accountability,
and participatory nature of governmental institutions,
including programs designed to combat corruption and other
programs for the promotion of good governance;
(vii) support for an independent media;
(viii) programs that support the expanded participation of
women and members of all ethnic groups in government at
national, regional, and local levels;
(ix) programs to strengthen civil society organizations
that promote human rights, including religious freedom, freedom
of expression, and freedom of association, and support human
rights monitoring;
(x) support for Afghan and international efforts to
investigate human rights atrocities committed in Afghanistan by
the Taliban regime, opponents of such regime, and terrorist
groups operating in Afghanistan, including the collection of
forensic evidence relating to such atrocities;
(xi) support for national, regional, and local elections
and political party development;
(xii) support for the effective administration of justice
at the national, regional, and local levels, including the
establishment of a responsible and community-based police
force;
(xiii) support for establishment of a central bank and
central budgeting authority; and
(xiv) assistance in identifying and surveying key road and
rail routes essential for economic renewal in Afghanistan and
the region, support in reconstructing those routes, and support
for the establishment of a customs service and training for
customs officers.
(B) For each of the fiscal years 2003 through 2005, $10,000,000
is authorized to be appropriated to the President to be made
available for the purposes of carrying out a traditional Afghan
assembly or ``Loya Jirga'' and for support for national, regional,
and local elections and political party development under
subparagraph (A)(xi).
(6) Market economy.--To support the establishment of a market
economy, the establishment of private financial institutions, the
adoption of policies to promote foreign direct investment, the
development of a basic telecommunication infrastructure, and the
development of trade and other commercial links with countries in
the region and with the United States, including policies to--
(A) encourage the return of Afghanistan citizens or
nationals living abroad who have marketable and business-
related skills;
(B) establish financial institutions, including credit
unions, cooperatives, and other entities providing
microenterprise credits and other income-generation programs
for the poor, with particular emphasis on women;
(C) facilitate expanded trade with countries in the region;
(D) promote and foster respect for basic workers' rights
and protections against exploitation of child labor;
(E) develop handicraft and other small-scale industries;
and
(F) provide financing programs for the reconstruction of
Kabul and other major cities in Afghanistan.
(7) Assistance to women and girls.--
(A) Assistance objectives.--To assist women and girls in
Afghanistan in the areas of political and human rights, health
care, education, training, security, and shelter, with
particular emphasis on assistance--
(i) to support construction of, provide equipment and
medical supplies to, and otherwise facilitate the
establishment and rehabilitation of, health care facilities
in order to improve the health care of women, children, and
infants;
(ii) to expand immunization programs for women and
children;
(iii) to establish, maintain, and expand primary and
secondary schools for girls that include mathematics,
science, and languages in their primary curriculum;
(iv) to develop and expand technical and vocational
training programs and income-generation projects for women;
(v) to provide special educational opportunities for
girls whose schooling was ended by the Taliban, and to
support the ability of women to have access to higher
education;
(vi) to develop and implement programs to protect women
and girls against sexual and physical abuse, abduction,
trafficking, exploitation, and sex discrimination in the
delivery of humanitarian supplies and services;
(vii) to provide emergency shelters for women and girls
who face danger from violence;
(viii) to direct humanitarian assistance to widows, who
make up a very large and needy population in war-torn
Afghanistan;
(ix) to support the work of women-led and local
nongovernmental organizations with demonstrated experience
in delivering services to Afghan women and children;
(x) to disseminate information throughout Afghanistan
on the rights of women and on international standards of
human rights, including the rights of religious freedom,
freedom of expression, and freedom of association;
(xi) to provide women's rights and human rights
training for military, police, and legal personnel; and
(xii) to support the National Human Rights Commission
in programs to promote women's rights and human rights,
including the rights of religious freedom, freedom of
expression, and freedom of association, and in the
investigation and monitoring of women's rights and human
rights abuses.
(B) Availability of funds.--For each of the fiscal years
2003 through 2006--
(i) $15,000,000 is authorized to be appropriated to the
President to be made available to the Afghan Ministry of
Women's Affairs; and
(ii) $5,000,000 is authorized to be appropriated to the
President to be made available to the National Human Rights
Commission of Afghanistan.
(C) Relation to other available funds.--Amounts made
available under subparagraph (B) are in addition to amounts
otherwise available for such purposes.
(b) Limitation.--
(1) In general.--Amounts made available to carry out this title
(except amounts made available for assistance under paragraphs (1)
through (3) and subparagraphs (F) through (I) of paragraph (4) of
subsection (a)) may be provided only if the President first
determines and certifies to Congress with respect to the fiscal
year involved that progress is being made toward adopting a
constitution and establishing a democratically elected government
for Afghanistan that respects human rights.
(2) Waiver.--
(A) In general.--The President may waive the application of
paragraph (1) if the President first determines and certifies
to Congress that it is important to the national interest of
the United States to do so.
(B) Contents of certification.--A certification transmitted
to Congress under subparagraph (A) shall include a written
explanation of the basis for the determination of the President
to waive the application of paragraph (1).
(c) Enterprise Fund.--
(1) Authorization of appropriations.--In addition to funds
otherwise available for such purpose, there are authorized to be
appropriated to the President for an enterprise fund for
Afghanistan $300,000,000. The provisions contained in section 201
of the Support for East European Democracy (SEED) Act of 1989
(excluding the authorizations of appropriations provided in
subsection (b) of that section) shall apply with respect to such
enterprise fund and to funds made available to such enterprise fund
under this subsection.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 104. COORDINATION OF ASSISTANCE.
(a) In General.--The President is strongly urged to designate,
within the Department of State, a coordinator who shall be responsible
for--
(1) designing an overall strategy to advance United States
interests in Afghanistan;
(2) ensuring program and policy coordination among agencies of
the United States Government in carrying out the policies set forth
in this title;
(3) pursuing coordination with other countries and
international organizations with respect to assistance to
Afghanistan;
(4) ensuring that United States assistance programs for
Afghanistan are consistent with this title;
(5) ensuring proper management, implementation, and oversight
by agencies responsible for assistance programs for Afghanistan;
and
(6) resolving policy and program disputes among United States
Government agencies with respect to United States assistance for
Afghanistan.
(b) Rank and Status of the Coordinator.--The coordinator designated
under subsection (a) shall have the rank and status of ambassador.
SEC. 105. SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN
OPIUM PRODUCING AREAS.
It is the sense of Congress that the President should--
(1) to the extent practicable, under such procedures as the
President may prescribe, withhold United States bilateral
assistance from, and oppose multilateral assistance to, opium-
producing areas of Afghanistan if, within such areas, appropriate
cooperation is not provided to the United States, the Government of
Afghanistan, and international organizations with respect to the
suppression of narcotics cultivation and trafficking, and if
withholding such assistance would promote such cooperation;
(2) redistribute any United States bilateral assistance (and to
promote the redistribution of any multilateral assistance) withheld
from an opium-producing area to other areas with respect to which
assistance has not been withheld as a consequence of this section;
and
(3) define or redefine the boundaries of opium producing areas
of Afghanistan for the purposes of this section.
SEC. 106. ADMINISTRATIVE PROVISIONS.
(a) Applicable Administrative Authorities.--Except to the extent
inconsistent with the provisions of this title, the administrative
authorities under chapters 1 and 2 of part III of the Foreign
Assistance Act of 1961 shall apply to the provision of assistance under
this title to the same extent and in the same manner as such
authorities apply to the provision of economic assistance under part I
of such Act.
(b) Use of the Expertise of Afghan-Americans.--In providing
assistance authorized by this title, the President should--
(1) maximize the use, to the extent feasible, of the services
of Afghan-Americans who have expertise in the areas for which
assistance is authorized by this title; and
(2) in the awarding of contracts and grants to implement
activities authorized under this title, encourage the participation
of such Afghan-Americans (including organizations employing a
significant number of such Afghan-Americans).
(c) Donations of Manufacturing Equipment; Use of Colleges and
Universities.--In providing assistance authorized by this title, the
President, to the maximum extent practicable, should--
(1) encourage the donation of appropriate excess or obsolete
manufacturing and related equipment by United States businesses
(including small businesses) for the reconstruction of Afghanistan;
and
(2) utilize research conducted by United States colleges and
universities and the technical expertise of professionals within
those institutions, particularly in the areas of agriculture and
rural development.
(d) Administrative Expenses.--Of the funds made available to carry
out the purposes of assistance authorized by this title in any fiscal
year, up to 7 percent may be used for administrative expenses of
Federal departments and agencies in connection with the provision of
such assistance.
(e) Monitoring.--
(1) Comptroller general.--The Comptroller General shall monitor
the provision of assistance under this title.
(2) Inspector general of usaid.--The Inspector General of the
United States Agency for International Development shall conduct
audits, inspections, and other activities, as appropriate,
associated with the expenditure of the funds to carry out this
title.
(f) Priority for Direct Assistance to the Government of
Afghanistan.--To the maximum extent practicable, assistance authorized
under this title should be provided directly to the Government of
Afghanistan (including any appropriate ministry thereof).
SEC. 107. RELATIONSHIP TO OTHER AUTHORITY.
The authority to provide assistance under this title is in addition
to any other authority to provide assistance to the Government of
Afghanistan.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
President to carry out this title (other than section 103(c))
$425,000,000 for each of the fiscal years 2003 through 2006.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) in addition to funds otherwise available for such purposes,
including, with respect to food assistance under section 103(a)(1),
funds available under title II of the Agricultural Trade
Development and Assistance Act of 1954, the Food for Progress Act
of 1985, and section 416(b) of the Agricultural Act of 1949.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
It is the sense of Congress that, during the transition to a broad-
based, multi-ethnic, gender-sensitive, fully representative government
in Afghanistan, the United States should support--
(1) the development of a civilian-controlled and centrally-
governed standing Afghanistan army that respects human rights and
prohibits the use of children as soldiers or combatants;
(2) the creation and training of a professional civilian police
force that respects human rights; and
(3) a multinational security force in Afghanistan.
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) Drawdown Authority.--
(1) In general.--The President is authorized to exercise his
authorities under section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318) to direct the drawdown of defense articles,
defense services, and military education and training--
(A) for the Government of Afghanistan, in accordance with
this section; and
(B) for eligible foreign countries, and eligible
international organizations, in accordance with this section
and sections 203 and 205.
(2) Authority to acquire by contract or otherwise.--The
assistance authorized under paragraph (1) may include the supply of
defense articles, defense services, counter-narcotics, crime
control and police training services, other support, and military
education and training that are acquired by contract or otherwise.
(b) Amount of Assistance.--The aggregate value (as defined in
section 644(m) of the Foreign Assistance Act of 1961) of assistance
provided under subsection (a) may not exceed $300,000,000, except that
such limitation shall be increased by any amounts appropriated pursuant
to the authorization of appropriations in section 204(b)(1) and shall
not count toward any limitation contained in section 506 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318).
SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS.
(a) In General.--Except as provided in subsection (b), a foreign
country or international organization shall be eligible to receive
assistance under section 202 if--
(1) such country or organization is participating in military,
peacekeeping, or policing operations in Afghanistan aimed at
restoring or maintaining peace and security in that country; and
(2) such assistance is provided specifically for such
operations in Afghanistan.
(b) Exception.--No country the government of which has been
determined by the Secretary of State to have repeatedly engaged in
gross violations of human rights, or provided support for acts of
international terrorism under section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) shall be
eligible to receive assistance under section 202.
SEC. 204. REIMBURSEMENT FOR ASSISTANCE.
(a) In General.--Defense articles, defense services, and military
education and training provided under section 202(a)(2) shall be made
available without reimbursement to the Department of Defense except to
the extent that funds are appropriated pursuant to the authorization of
appropriations in subsection (b)(1).
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the applicable
appropriation, fund, or account for the value (as defined in
section 644(m) of the Foreign Assistance Act of 1961) of defense
articles, defense services, or military education and training
provided under section 202(a)(2).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are in addition
to amounts otherwise available for the purposes described in this
title.
SEC. 205. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) Authority.--The President may provide assistance under this
title to any eligible foreign country or eligible international
organization if the President determines that such assistance is
important to the national security interest of the United States and
notifies the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate of
such determination at least 15 days in advance of providing such
assistance.
(b) Notification.--The report described in subsection (a) shall be
submitted in classified and unclassified form and shall include
information relating to the type and amount of assistance proposed to
be provided and the actions that the proposed recipient of such
assistance has taken or has committed to take.
SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER
ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE INTERNATIONAL
SECURITY ASSISTANCE FORCE.
(a) Findings.--Congress finds the following:
(1) The President has declared his view that the United States
should provide significant assistance to Afghanistan so that it is
no longer a haven for terrorism.
(2) The delivery of humanitarian and reconstruction assistance
from the international community is necessary for the safe return
of refugees and is critical to the future stability of Afghanistan.
(3) Enhanced stability in Afghanistan through an improved
security environment is critical to the functioning of the
Government of Afghanistan and the traditional Afghan assembly or
``Loya Jirga'' process, which is intended to lead to a permanent
national government in Afghanistan, and also is essential for the
participation of women in Afghan society.
(4) Incidents of violence between armed factions and local and
regional commanders, and serious abuses of human rights, including
attacks on women and ethnic minorities throughout Afghanistan,
create an insecure, volatile, and unsafe environment in parts of
Afghanistan, displacing thousands of Afghan civilians from their
local communities.
(5)(A) On July 6, Vice President Haji Abdul Qadir was
assassinated in Kabul by unknown assailants.
(B) On September 5, 2002, a car bomb exploded in Kabul killing
32 and injuring 150 and on the same day a member of Kandahar
Governor Sherzai's security team attempted to assassinate President
Karzai.
(6) The violence and lawlessness may jeopardize the ``Loya
Jirga'' process, undermine efforts to build a strong central
government, severely impede reconstruction and the delivery of
humanitarian assistance, and increase the likelihood that parts of
Afghanistan will once again become safe havens for al-Qaida,
Taliban forces, and drug traffickers.
(7) The lack of security and lawlessness may also perpetuate
the need for United States Armed Forces in Afghanistan and threaten
the ability of the United States to meet its military objectives.
(8) The International Security Assistance Force in Afghanistan,
currently led by Turkey, and composed of forces from other willing
countries without the participation of United States Armed Forces,
is deployed only in Kabul and currently does not have the mandate
or the capacity to provide security to other parts of Afghanistan.
(9) Due to the ongoing military campaign in Afghanistan, the
United States does not contribute troops to the International
Security Assistance Force but has provided support to other
countries that are doing so.
(10) The United States is providing political, financial,
training, and other assistance to the Afghan Interim Authority as
it begins to build a national army and police force to help provide
security throughout Afghanistan, but this effort is not meeting the
immediate security needs of Afghanistan.
(11) Because of these immediate security needs, the Government
of Afghanistan, its President, Hamid Karzai, and many Afghan
regional leaders have called for the International Security
Assistance Force, which has successfully brought stability to
Kabul, to be expanded and deployed throughout the country, and this
request has been strongly supported by a wide range of
international humanitarian organizations, including the
International Committee of the Red Cross, Catholic Relief Services,
and Refugees International.
(b) Statement of Policy.--It should be the policy of the United
States to support measures to help meet the immediate security needs of
Afghanistan in order to promote safe and effective delivery of
humanitarian and other assistance throughout Afghanistan, further the
rule of law and civil order, and support the formation of a
functioning, representative Afghan national government.
(c) Implementation of Strategy.--
(1) Initial report.--Not later than 60 days after the date of
the enactment of this Act, the President shall provide the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate
with--
(A) a strategy for meeting the immediate and long-term
security needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning,
representative Afghan national government, including an update
to the strategies submitted pursuant to Public Law 107-206; and
(B) a description of the progress of the Government of
Afghanistan toward the eradication of poppy cultivation, the
disruption of heroin production, and the reduction of the
overall supply and demand for illicit narcotics in Afghanistan
in accordance with the provisions of this Act.
(2) Implementation of strategy.--Every 6 months after the
enactment of this Act through January 1, 2007, the President shall
submit to the congressional committees specified in paragraph (1) a
report on the implementation of the strategies for meeting the
immediate and long-term security needs of Afghanistan, which shall
include the following elements--
(A) since the previous report, the progress in recruiting,
training, and deploying an Afghan National Army and police
force, including the numbers and ethnic composition of
recruits; the number of graduates from military and police
training; the numbers of graduates retained by the Afghan
National Army and police forces since the previous report; the
numbers of graduates operationally deployed and to which areas
of the country; the degree to which these graduates are
assuming security responsibilities; whether Afghan army and
police units are establishing effective central governmental
authority over areas of the country, and which areas; and the
numbers of instances of armed attacks against Afghan central
governmental officials, United States or international
officials, troops or aid workers, or between the armed forces
of regional leaders;
(B) the degree to which armed regional leaders are
cooperating and integrating with the central government,
providing security and order within their regions of influence,
engaging in armed conflict or other forms of competition that
are deleterious to peace, security, and the integration of a
unified Afghanistan under the central government;
(C) the amount of humanitarian relief provided since the
previous report to returnees, isolated populations and other
vulnerable groups, as well as demining assistance and landmine
survivors rehabilitation; and the numbers of such persons not
assisted since the previous report;
(D) the steps taken since the previous report toward
national reconstruction, including establishment of the
ministries and other institutions of the Government of
Afghanistan;
(E) the numbers of Civil Affairs Teams working with
regional leaders, as well as the quick impact infrastructure
projects undertaken by such teams since the previous report;
(F) efforts undertaken since the previous report to rebuild
the justice sector, including the establishment of a
functioning judiciary, a competent bar, reintegration of women
legal professionals and a reliable penal system, and the
respect for human rights; and
(G) a description of the progress of the Government of
Afghanistan with respect to the matters described in paragraph
(1)(B).
(d) Expansion of the International Security Assistance Force.--
(1) Sense of congress.--Congress urges the President, in order
to fulfill the objective of establishing security in Afghanistan,
to take all appropriate measures to assist Afghanistan in
establishing a secure environment throughout the country, including
by--
(A) sponsoring in the United Nations Security Council a
resolution authorizing an expansion of the International
Security Assistance Force, or the establishment of a similar
security force; and
(B) enlisting the European and other allies of the United
States to provide forces for an expansion of the International
Security Assistance Force in Afghanistan, or the establishment
of a similar security force.
(2) Authorization of appropriations.--(A) There is authorized
to be appropriated to the President $500,000,000 for each of fiscal
years 2003 and 2004 to support the International Security
Assistance Force or the establishment of a similar security force.
(B) Amounts made available under subparagraph (A) may be
appropriated pursuant to chapter 4 of part II of the Foreign
Assistance Act of 1961, section 551 of such Act, or section 23 of
the Arms Export Control Act.
(C) Funds appropriated pursuant to subparagraph (A) shall be
subject to the notification requirements under section 634A of the
Foreign Assistance Act of 1961.
SEC. 207. RELATIONSHIP TO OTHER AUTHORITY.
(a) Additional Authority.--The authority to provide assistance
under this title is in addition to any other authority to provide
assistance to the Government of Afghanistan.
(b) Laws Restricting Authority.--Assistance under this title to the
Government of Afghanistan may be provided notwithstanding section 512
of Public Law 107-115 or any similar provision of law.
SEC. 208. SUNSET.
The authority of this title shall expire after September 30, 2006.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO THE
PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
Assistance provided under this Act shall be subject to the same
provisions as are applicable to assistance under the Foreign Assistance
Act of 1961 and the Arms Export Control Act under section 487 of the
Foreign Assistance Act of 1961 (relating to the prohibition on
assistance to drug traffickers; 22 U.S.C. 2291f), and the applicable
regulations issued under that section.
SEC. 302. SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S
PRESIDENT.
It is the sense of Congress that--
(1) any United States physical protection force provided for
the personal security of the President of Afghanistan should be
composed of United States diplomatic security, law-enforcement, or
military personnel, and should not utilize private contracted
personnel to provide actual physical protection services;
(2) United States allies should be invited to volunteer active-
duty military or law enforcement personnel to participate in such a
protection force; and
(3) such a protection force should be limited in duration and
should be succeeded by qualified Afghan security forces as soon as
practicable.
SEC. 303. DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.
(a) Findings.--The Congress finds that inadequate amounts of
international assistance promised by donor states at the Tokyo donors
conference and elsewhere have been delivered to Afghanistan, imperiling
the rebuilding and development of civil society and infrastructure, and
endangering peace and security in that war-torn country.
(b) Sense of Congress.--It is the sense of Congress that the United
States should use all appropriate diplomatic means to encourage all
states that have pledged assistance to Afghanistan to deliver as soon
as possible the total amount of assistance pledged.
(c) Reports.--
(1) In general.--The Secretary of State shall submit reports to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives, in accordance with this paragraph, on the status
of contributions of assistance from donor states to Afghanistan.
The first report shall be submitted not later than 60 days after
the date of enactment of this Act, the second report shall be
submitted 90 days thereafter, and subsequent reports shall be
submitted every 180 days thereafter through December 31, 2004.
(2) Further requirements.--Each report, which shall be
unclassified and posted upon the Department of State's Internet
website, shall include, by donor country, the total amount pledged,
the amount delivered within the previous 60 days, the total amount
of assistance delivered, the type of assistance and type of
projects supported by the assistance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.