To authorize assistance for women and girls in Afghanistan, and for other purposes.

Summary: Access for Afghan Women Act of 2003 - Directs the Administrator of the U.S. Agency for International Development (USAID) to establish a fund to assist women and girls in Afghanistan in the areas of political and human rights, health care, education, training, security, and shelter.

Requires the funds to support specified activities, including: (1) direct financial and programmatic assistance to the Ministry of Women's Affairs in Afghanistan to promote its strengthening and enable it to fulfill its mandate; (2) direct financial assistance to the National Human Rights Commission of Afghanistan; and (3) construction of women's educational facilities in Afghanistan.

Earmarks a minimum percentage of the economic and humanitarian assistance authorized for Afghanistan for each of FY 2003 though 2005 to be made available for assistance directly to Afghan-led local nongovernmental organizations, including Afghan women-led organizations, with demonstrated experience in delivering services to Afghan women and children to support their programmatic activities and organizational development. Requires an appropriate percentage of such assistance for FY 2006 and each subsequent fiscal year to be made available to such organizations.

Prescribes general requirements with respect to Afghanistan for: (1) its governance; (2) post-conflict stability; (3) training for military and police forces; and (4) relief, resettlement, and repatriation of refugees and internally displaced persons.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access for Afghan Women Act of 
2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Despite the removal of the Taliban from power, women in 
        Afghanistan continue to experience brutal violation of their 
        human rights, generally outside of Kabul where warlords are 
        reexerting control.
            (2) Strong and continued United States support can ensure 
        that the advances made by Afghan women since the fall of the 
        Taliban will continue and grow, rather than recede.
            (3) The United States has made a substantial contribution 
        to the emergency relief and humanitarian efforts for 
        Afghanistan. Completing the United States mission in 
        Afghanistan will also require significant and long-term 
        investments in development and reconstruction assistance.
            (4) The maternal mortality rate in Afghanistan is the 
        second highest in the world, with recent reports estimating 
        that every 30 minutes an Afghan woman dies of pregnancy related 
        causes, or approximately 15,000 women every year. The estimated 
        maternal mortality rate of 1,600 deaths per 100,000 live births 
        can be significantly reduced through access to primary health 
        care services, including safe birthing supplies, emergency 
        obstetric care, prenatal and postnatal care, contraception, and 
        prevention and treatment for the effects of sexual coercion and 
        rape.
            (5) Women comprise 75 percent or more of the refugees and 
        internally displaced in camps, urban areas, and villages in 
        Afghanistan.
            (6) 85 percent of Afghanistan's population lives in rural 
        areas. The women in rural areas perform vital roles in food 
        production, processing, and preparation. Successful 
        reconstruction and development assistance must target rural 
        women as part of any agricultural interventions.
            (7) Within Afghanistan and outside of Afghanistan, local 
        women's organizations are delivering critical services and have 
        the knowledge and experience to assist the United States in 
        delivering effective relief aid.
            (8) The Afghan Ministry for Women's Affairs is an important 
        ministry that is essential for re-establishing women's human 
        rights, ensuring that women are included in all development 
        efforts, and delivering critical legal, health, education, and 
        economic services to women throughout Afghanistan's 30 
        provinces.
            (9) Afghan women are taking the initiative to reach across 
        the conflict divide and foster peace. Women's perspectives and 
        experiences in seeking solutions to conflicts are necessary to 
        ensure lasting peace.
            (10) Adequate security in both urban and rural areas is 
        essential if women and girls are to exercise their human 
        rights, work, attend school, and otherwise participate in and 
        benefit from humanitarian and development programs sponsored by 
        the United States.

SEC. 3. ESTABLISHMENT OF AFGHAN WOMEN'S FUND.

    (a) Establishment.--The Administrator of the United States Agency 
for International Development shall establish a fund for the purpose of 
assisting women and girls in Afghanistan in the areas of political and 
human rights, health care, education, training, security, and shelter.
    (b) Activities Supported.--The fund established under subsection 
(a) shall support the following activities:
            (1) Direct financial and programmatic assistance to the 
        Ministry of Women's Affairs in Afghanistan (hereafter in this 
        section referred to as the ``Ministry'') to promote the 
        strengthening of the Ministry as the Government of Afghanistan 
        continues its transition to a long-term government structure 
        and to enable the Ministry to fulfill its mandate. The Ministry 
        may use such assistance to support activities such as the 
        following:
                    (A) Multiyear women-centered economic development 
                programs, including programs to assist widows, female 
                heads of household, women in rural areas, and disabled 
                women.
                    (B) Collaboration with the Ministry of Health to 
                construct culturally appropriate health infrastructure 
                and delivery of high-quality comprehensive health care 
                programs, including primary, maternal, child, 
                reproductive, and mental health care.
                    (C) Programs to prevent trafficking in persons, 
                assist victims, and apprehend and prosecute traffickers 
                in persons.
            (2) Direct financial assistance to the National Human 
        Rights Commission of Afghanistan.
            (3) Construction of women's educational facilities in 
        Afghanistan.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $22,500,000 for each of the 
fiscal years 2003, 2004, and 2005 and such sums as are necessary for 
each subsequent fiscal year.

SEC. 4. ASSISTANCE TO AFGHANISTAN.

    Notwithstanding any other provision of law, not less than 15 
percent of the aggregate amount of economic and humanitarian assistance 
authorized to be made available to Afghanistan for each of the fiscal 
years 2003, 2004, and 2005 shall be made available for assistance 
directly to Afghan-led local nongovernmental organizations, including 
Afghan women-led organizations, with demonstrated experience in 
delivering services to Afghan women and children to support their 
programmatic activities and organizational development. In recognition 
of the appreciating capacity of Afghan-led local nongovernmental 
organizations, including Afghan women-led organizations, an appropriate 
percentage of the aggregate amount of economic and humanitarian 
assistance authorized to be made available to Afghanistan for fiscal 
year 2006 and each subsequent fiscal year shall be made available for 
assistance directly to Afghan-led local nongovernmental organizations, 
including Afghan women-led organizations.

SEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN 
              AFGHANISTAN.

    (a) In General.--Activities described in subsections (b) through 
(e) that are carried out by the United States in Afghanistan shall 
comply with the applicable requirements contained in such subsections.
    (b) Governance of Afghanistan.--With respect to the governance of 
Afghanistan, the applicable requirements are the following:
            (1) Include the perspectives and advice of Afghan women's 
        organizations, networks, and leaders in United States 
        policymaking related to the governance of Afghanistan.
            (2) Promote the inclusion of a significant number of women 
        in future legislative bodies to ensure that women's full range 
        of human rights are included and upheld in any constitution or 
        legal structures of Afghanistan.
            (3) Encourage the appointment of women to high level 
        positions within Afghan Ministries.
    (c) Post-Conflict Reconstruction and Development.--With respect to 
activities relating to post-conflict stability in Afghanistan, the 
applicable requirements are the following:
            (1) Encourage United States organizations that receive 
        funds authorized by this Act to partner with or create Afghan-
        led counterpart organizations and provide these organizations 
        with significant financial resources, technical assistance, and 
        capacity building.
            (2) Increase women's access to or ownership of productive 
        assets such as land, water, agricultural inputs, credit, and 
        property.
            (3) Provide long-term financial assistance for primary, 
        secondary, higher, nontraditional, and vocational education for 
        Afghan girls, women, boys, and men.
            (4) Integrate education and training programs for former 
        combatants with economic development programs to encourage 
        their reintegration into society and to promote post-conflict 
        stability.
            (5) Provide assistance to rehabilitate children affected by 
        the conflict, particularly child soldiers.
            (6) Support educational efforts to increase awareness with 
        respect to landmines, facilitate the removal of landmines, and 
        provide services to individuals with disabilities caused by 
        landmines.
    (d) Afghan Military and Police.--With respect to training for 
military and police forces in Afghanistan, the applicable requirements 
are the following:
            (1) Include training on the protection, rights, and the 
        particular needs of women and emphasize that violations of 
        women's rights are intolerable and should be prosecuted.
            (2) Encourage such trainers who will carry out the 
        activities in paragraph (1) to consult with women's 
        organizations in Afghanistan to ensure that training content 
        and materials are adequate, appropriate, and comprehensive.
    (e) Relief, Resettlement, and Repatriation of Refugees and 
Internally Displaced Persons.--With respect to the relief, 
resettlement, and repatriation of refugees and internally displaced 
persons in Afghanistan, the applicable requirements are the following:
            (1) Take all necessary steps to ensure that women refugees 
        and internally displaced persons in camps, urban areas, and 
        villages are directly receiving food aid, shelter, relief 
        supplies, and other services from United States-sponsored 
        programs.
            (2) Take all necessary steps to ensure that women refugees 
        in camps, urban areas, and villages are accessing high-quality 
        health and medical services, including primary, maternal, 
        child, and mental health services.
            (3) Take all necessary steps to ensure that women and 
        children in refugee camps are protected from sexual 
        exploitation.
            (4) Take all necessary steps to ensure refugees and 
        internally displaced persons that seek to return to their place 
        of origin can do so voluntarily, safely, and with the full 
        protection of their rights. United States-sponsored efforts 
        shall not coerce refugees or internally displaced persons to 
        return to their places of origin.

SEC. 6. REPORTING REQUIREMENTS.

    Not later than 60 days after the date of the enactment of this Act, 
and annually thereafter, the President shall prepare and transmit to 
Congress a report that contains documentation of the progress in 
implementing the requirements of section 5. All data in the report 
shall be disaggregated by gender.