PUBLIC LAW 107–327—DEC. 4, 2002 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.

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.

22 USC 7501.

22 USC 7501

note.

Afghanistan

Freedom Support

Act of 2002.

Dec. 4, 2002

[S. 2712]

116 STAT. 2798 PUBLIC LAW 107–327—DEC. 4, 2002

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;

22 USC 7512.

22 USC 7511.

PUBLIC LAW 107–327—DEC. 4, 2002 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, gendersensitive, 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—

22 USC 7513.

116 STAT. 2800 PUBLIC LAW 107–327—DEC. 4, 2002

(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.

PUBLIC LAW 107–327—DEC. 4, 2002 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 NATIONSTATE.—(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;

116 STAT. 2802 PUBLIC LAW 107–327—DEC. 4, 2002

(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—

PUBLIC LAW 107–327—DEC. 4, 2002 116 STAT. 2803

(A) encourage the return of Afghanistan citizens or

nationals living abroad who have marketable and businessrelated 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;

116 STAT. 2804 PUBLIC LAW 107–327—DEC. 4, 2002

(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—

22 USC 7514.

PUBLIC LAW 107–327—DEC. 4, 2002 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 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, opiumproducing 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).

22 USC 7516.

22 USC 7515.

116 STAT. 2806 PUBLIC LAW 107–327—DEC. 4, 2002

(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.

22 USC 7518.

22 USC 7517.

PUBLIC LAW 107–327—DEC. 4, 2002 116 STAT. 2807

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 centrallygoverned 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.

22 USC 7533.

22 USC 7532.

22 USC 7531.

116 STAT. 2808 PUBLIC LAW 107–327—DEC. 4, 2002

(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

22 USC 7536.

Reports.

22 USC 7535.

22 USC 7534.

PUBLIC LAW 107–327—DEC. 4, 2002 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) 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

Deadlines.

President.

116 STAT. 2810 PUBLIC LAW 107–327—DEC. 4, 2002

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 longterm 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

Reports.

PUBLIC LAW 107–327—DEC. 4, 2002 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.

(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.

Expiration date.

22 USC 7538.

22 USC 7537.

116 STAT. 2812 PUBLIC LAW 107–327—DEC. 4, 2002

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.

Deadlines.

22 USC 7553.

22 USC 7552.

22 USC 7551.

PUBLIC LAW 107–327—DEC. 4, 2002 116 STAT. 2813

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.

Æ

(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.