Authorizes appropriations for the establishment of an enterprise fund for Afghanistan.
(Sec. 104) Urges the President to: (1) designate within the Department of State a coordinator for such assistance and U.S. interests in Afghanistan; (2) withhold U.S. bilateral assistance from, and oppose multilateral assistance to, opium-producing areas of Afghanistan if, within such areas, cooperation is not provided to U.S. narcotics cultivation and trafficking suppression efforts; (3) utilize the expertise of Afghan-Americans; (4) encourage the donation of manufacturing equipment by U.S. businesses for the reconstruction of Afghanistan; and (5) utilize research conducted by U.S. universities and the technical expertise of professionals at such institutions, particularly in the agricultural and rural development areas.
(Sec. 108) Authorizes appropriations through FY 2006.
Title II: Military Assistance For Afghanistan and Certain Other Foreign Countries and International Organizations - (Sec. 201) Expresses the sense of Congress that, during the transition to fully representative government, the U.S. 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; (2) the creation and training of a professional civilian police force that respects human rights; and (3) a multinational security force in Afghanistan.
Authorizes the President to direct the drawdown of defense articles and services and military education and training for the Government of Afghanistan and certain foreign countries and international organizations.
(Sec. 204) Authorizes appropriations to reimburse the applicable appropriation for the value of defense articles and services, or military education and training provided under this section.
(Sec. 205) Authorizes the President to provide assistance under this title to any foreign country or international organization if the President determines such assistance is important to the national security interests of the United States and notifies specified congressional committees of such determination at least 15 days in advance of providing such assistance.
(Sec. 206) Directs the President to report to specified congressional committees on: (1) a strategy for meeting the immediate and long-term security needs of Afghanistan; and (2) progress made by the Afghanistan Government toward the eradication of poppy cultivation and the reduction of the overall supply and demand for illicit narcotics there.
Directs the President to report biannually to specified congressional committees on the implementation of the strategies for meeting the immediate and long-term security needs of Afghanistan.
Urges the President to assist Afghanistan to establish a secure environment by authorizing an expansion of the International Security Assistance Force. Authorizes appropriations for FY 2003 and 2004.
Title III: Miscellaneous Provisions - (Sec. 301) Subjects assistance provided under this Act to specified prohibitions against foreign assistance to drug traffickers.
(Sec. 302) Expresses the sense of Congress that the personal security of the President of Afghanistan should be composed of U.S. law enforcement or military personnel which in time should be succeeded by qualified Afghan security forces as soon as practicable.
(Sec. 303) Expresses 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 the total amount of assistance pledged as soon as possible. Requires the Secretary of State to report to specified congressional committees on the status of contributions of assistance from donor states to Afghanistan.
[107th Congress Public Law 327]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ327.107]
[[Page 116 STAT. 2797]]
Public Law 107-327
107th Congress
An Act
To authorize economic and democratic development assistance for
Afghanistan and to authorize military assistance for Afghanistan and
certain other foreign countries.
<<NOTE: Dec. 4, 2002 - [S. 2712]>> Be it enacted by the Senate
and <<NOTE: Afghanistan Freedom Support Act of 2002.>> House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION. <<NOTE: 22 USC
7501 note.>>
(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) <<NOTE: 22 USC 7501.>> 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.
[[Page 116 STAT. 2798]]
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
SEC. 101. DECLARATION OF POLICY. <<NOTE: 22 USC 7511.>>
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. <<NOTE: 22 USC 7512.>>
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;
[[Page 116 STAT. 2799]]
(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. <<NOTE: 22 USC 7513.>>
(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--
[[Page 116 STAT. 2800]]
(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.
[[Page 116 STAT. 2801]]
(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;
[[Page 116 STAT. 2802]]
(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--
[[Page 116 STAT. 2803]]
(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;
[[Page 116 STAT. 2804]]
(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. <<NOTE: 22 USC 7514.>>
(a) In General.--The President is strongly urged to designate,
within the Department of State, a coordinator who shall be responsible
for--
[[Page 116 STAT. 2805]]
(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 <<NOTE: 22 USC 7515.>> 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. <<NOTE: 22 USC 7516.>>
(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).
[[Page 116 STAT. 2806]]
(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. <<NOTE: 22 USC 7517.>>
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. <<NOTE: 22 USC 7518.>>
(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.
[[Page 116 STAT. 2807]]
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
SEC. 201. SUPPORT <<NOTE: 22 USC 7531.>> 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. <<NOTE: 22 USC 7532.>>
(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 <<NOTE: 22 USC 7533.>> 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.
[[Page 116 STAT. 2808]]
(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. <<NOTE: 22 USC 7534.>>
(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. <<NOTE: 22 USC
7535.>>
(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) <<NOTE: Reports.>> 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 <<NOTE: 22 USC 7536.>> 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
[[Page 116 STAT. 2809]]
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) <<NOTE: Deadlines. President.>> 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
[[Page 116 STAT. 2810]]
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) <<NOTE: Reports.>> 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
[[Page 116 STAT. 2811]]
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. <<NOTE: 22 USC 7537.>>
(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. <<NOTE: Expiration date. 22 USC 7538.>> 208. SUNSET.
The authority of this title shall expire after September 30, 2006.
[[Page 116 STAT. 2812]]
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REQUIREMENT <<NOTE: 22 USC 7551.>> 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 <<NOTE: 22 USC 7552.>> 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. <<NOTE: 22 USC 7553.>> 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. <<NOTE: Deadlines.>> 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.
[[Page 116 STAT. 2813]]
(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.
Approved December 4, 2002.
LEGISLATIVE HISTORY--S. 2712 (H.R. 3994):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-420 accompanying H.R. 3994 (Comm. on
International Relations).
SENATE REPORTS: No. 107-278 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Nov. 14, considered and passed Senate and House.
<all>
Committee on Foreign Relations. Reported by Senator Biden with an amendment in the nature of a substitute. With written report No. 107-278.
Committee on Foreign Relations. Reported by Senator Biden with an amendment in the nature of a substitute. With written report No. 107-278.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 597.
Measure laid before Senate by unanimous consent. (consideration: CR S11139-11147; text of measure as reported in Senate: CR S11140-11143)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S11143-11147)
Passed Senate with an amendment by Unanimous Consent. (text: CR S11143-11147)
Message on Senate action sent to the House.
Received in the House.
Mr. Armey asked unanimous consent to take from the Speaker's table and consider.
Considered by unanimous consent. (consideration: CR 11/14/2002 H8925-9007)
Enacted as Public Law 107-327
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Passed/agreed to in House: On passage Passed without objection.(text: CR 11/14/2002 H8935-8938)
On passage Passed without objection. (text: CR 11/14/2002 H8935-8938)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 107-327.
Became Public Law No: 107-327.