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[House Report 107-420]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-420

======================================================================

 
                AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

                                _______
                                

 April 25, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3994]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on International Relations, to whom was 
referred the bill (H.R. 3994) to authorize economic and 
democratic development assistance for Afghanistan and to 
authorize military assistance for Afghanistan and certain other 
foreign countries, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     9
Background and Need for the Legislation..........................    10
Hearings.........................................................    13
Committee Consideration..........................................    13
Votes of the Committee...........................................    13
Committee Oversight Findings.....................................    13
New Budget Authority and Tax Expenditures........................    13
Congressional Budget Office Cost Estimate........................    13
Performance Goals and Objectives.................................    16
Constitutional Authority Statement...............................    16
Section-by-Section Analysis......................................    16
New Advisory Committees..........................................    20
Congressional Accountability Act.................................    20
Federal Mandates.................................................    20

                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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

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

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

TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Principles of assistance.
Sec. 104. Authorization of assistance.
Sec. 105. Promoting cooperation in major opium producing regions of 
Afghanistan.
Sec. 106. Coordination of assistance.
Sec. 107. Administrative provisions.
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. Authority to provide assistance.
Sec. 206. Sunset.
    (c) Definition.--In this Act, the term ``Government of 
Afghanistan'' includes the government of any political subdivision of 
Afghanistan, and any agency or instrumentality of the Government of 
Afghanistan.

TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

SEC. 101. DECLARATION OF POLICY.

    Congress makes the following declarations:
            (1) The United States and the international community 
        should support efforts that advance the development of 
        democratic civil authorities and institutions in Afghanistan 
        and the establishment of a new broad-based, multi-ethnic, 
        gender-sensitive, and fully representative government in 
        Afghanistan.
            (2) The United States, in particular, should provide its 
        expertise to meet immediate humanitarian and refugee needs, 
        fight the production and flow of illicit narcotics, and aid in 
        the reconstruction of Afghanistan's agriculture, health care, 
        and educational systems.
            (3) By promoting peace and security in Afghanistan and 
        preventing a return to conflict, the United States and the 
        international community can help ensure that Afghanistan does 
        not again become a source for international terrorism.
            (4) The United States should support the objectives agreed 
        to on December 5, 2001, in Bonn, Germany, regarding the 
        provisional arrangement for Afghanistan as it moves toward the 
        establishment of permanent institutions and, in particular, 
        should work intensively toward ensuring the future neutrality 
        of Afghanistan, establishing the principle that neighboring 
        countries and other countries in the region do not threaten or 
        interfere in one another's sovereignty, territorial integrity, 
        or political independence, including supporting diplomatic 
        initiatives to support this goal.
            (5) The special emergency situation in Afghanistan, which 
        from the perspective of the American people combines security, 
        humanitarian, political, law enforcement, and development 
        imperatives, requires that the President should receive maximum 
        flexibility in designing, coordinating, and administering 
        efforts with respect to assistance for Afghanistan and that a 
        temporary special program of such assistance should be 
        established for this purpose.
            (6) To foster stability and democratization and to 
        effectively eliminate the causes of terrorism, the United 
        States and the international community should also support 
        efforts that advance the development of democratic civil 
        authorities and institutions in the broader Central Asia 
        region.

SEC. 102. PURPOSES OF ASSISTANCE.

    The purposes of assistance authorized by this title are--
            (1) to help assure the security of the United States and 
        the world by reducing or eliminating the likelihood of violence 
        against United States or allied forces in Afghanistan and to 
        reduce the chance that Afghanistan will again be a source of 
        international terrorism;
            (2) to support the continued efforts of the United States 
        and the international community to address the humanitarian 
        crisis in Afghanistan and among Afghan refugees in neighboring 
        countries;
            (3) to fight the production and flow of illicit narcotics, 
        to control the flow of precursor chemicals used in the 
        production of heroin, and to enhance and bolster the capacities 
        of Afghan governmental authorities to control poppy cultivation 
        and related activities;
            (4) to help achieve a broad-based, multi-ethnic, gender-
        sensitive, and fully representative government in Afghanistan 
        that is freely chosen by the people of Afghanistan and that 
        respects the human rights of all Afghans, particularly women, 
        including authorizing assistance for the rehabilitation and 
        reconstruction of Afghanistan with a particular emphasis on 
        meeting the educational, health, and sustenance needs of women 
        and children to better enable their full participation in 
        Afghan society;
            (5) to support the Government of Afghanistan in its 
        development of the capacity to facilitate, organize, develop, 
        and implement projects and activities that meet the needs of 
        the Afghan people;
            (6) to foster the participation of civil society in the 
        establishment of the new Afghan government in order to achieve 
        a broad-based, multiethnic, gender-sensitive, fully 
        representative government freely chosen by the Afghan people, 
        without prejudice to any decisions which may be freely taken by 
        the Afghan people about the precise form in which their 
        government is to be organized in the future, as may be decided 
        through the convening of a traditional Afghan assembly or 
        ``Loya Jirga'' as agreed to on December 5, 2001, in Bonn, 
        Germany;
            (7) to support the reconstruction of Afghanistan through, 
        among other things, programs that create jobs, facilitate 
        clearance of landmines, and rebuild the agriculture sector, the 
        health care system, and the educational system of Afghanistan; 
        and
            (8) to include specific resources to the Ministry for 
        Women's Affairs of Afghanistan to carry out its 
        responsibilities for legal advocacy, education, vocational 
        training, and women's health programs.

SEC. 103. PRINCIPLES OF ASSISTANCE.

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

SEC. 104. AUTHORIZATION OF ASSISTANCE.

    (a) In General.--The President is authorized to provide assistance 
for Afghanistan for the following activities:
            (1) Urgent humanitarian needs.--To assist in meeting the 
        urgent humanitarian needs of the people of Afghanistan, 
        including assistance such as--
                    (A) emergency food, shelter, and medical 
                assistance;
                    (B) clean drinking water and sanitation;
                    (C) preventative health care, including childhood 
                vaccination, therapeutic feeding, maternal child health 
                services, and infectious diseases surveillance and 
                treatment;
                    (D) family tracing and reunification services; and
                    (E) clearance of landmines.
            (2) Repatriation and resettlement of refugees and 
        internally displaced persons.--To assist refugees and 
        internally displaced persons as they return to their home 
        communities in Afghanistan and to support their reintegration 
        into those communities, including assistance such as--
                    (A) assistance identified in paragraph (1);
                    (B) assistance to communities, including those in 
                neighboring countries, that have taken in large numbers 
                of refugees in order to rehabilitate or expand social, 
                health, and educational services that may have suffered 
                as a result of the influx of large numbers of refugees;
                    (C) assistance to international organizations and 
                host governments in maintaining security by screening 
                refugees to ensure the exclusion of armed combatants, 
                members of foreign terrorist organizations, and other 
                individuals not eligible for economic assistance from 
                the United States; and
                    (D) assistance for voluntary refugee repatriation 
                and reintegration inside Afghanistan and continued 
                assistance to those refugees who are unable or 
                unwilling to return.
            (3) Counternarcotics efforts.--(A) To assist in the 
        eradication of poppy cultivation, the disruption of heroin 
        production, and the reduction of the overall supply and demand 
        for illicit narcotics in Afghanistan and the region, with 
        particular emphasis on assistance to--
                    (i) eradicate opium poppy, establish crop 
                substitution programs, purchase nonopium products from 
                farmers in opium-growing areas, quick-impact public 
                works programs to divert labor from narcotics 
                production, develop projects directed specifically at 
                narcotics production, processing, or trafficking areas 
                to provide incentives to cooperation in narcotics 
                suppression activities, and related programs;
                    (ii) establish or provide assistance to one or more 
                entities within the Government of Afghanistan, 
                including the Afghan State High Commission for Drug 
                Control, and to provide training and equipment for the 
                entities, to help enforce counternarcotics laws in 
                Afghanistan and limit illicit narcotics growth, 
                production, and trafficking in Afghanistan;
                    (iii) train and provide equipment for customs, 
                police, and other border control entities in 
                Afghanistan and the region relating to illicit 
                narcotics interdiction and relating to precursor 
                chemical controls and interdiction to help disrupt 
                heroin production in Afghanistan and the region;
                    (iv) continue the annual opium crop survey and 
                strategic studies on opium crop planting and farming in 
                Afghanistan; and
                    (v) reduce demand for illicit narcotics among the 
                people of Afghanistan, including refugees returning to 
                Afghanistan.
            (B) For each of the fiscal years 2002 through 2005, not 
        less than $15,000,000 of the amount made available to carry out 
        this title should be made available for a contribution to the 
        United Nations Drug Control Program for the purpose of carrying 
        out activities described in clauses (i) through (v) of 
        subparagraph (A). Amounts made available under the preceding 
        sentence are in addition to amounts otherwise available for 
        such purposes.
            (4) Reestablishment of food security, rehabilitation of the 
        agriculture sector, improvement in health conditions, and the 
        reconstruction of basic infrastructure.--To assist in expanding 
        access to markets in Afghanistan, to increase the availability 
        of food in markets in Afghanistan, to rehabilitate the 
        agriculture sector in Afghanistan by creating jobs for former 
        combatants, returning refugees, and internally displaced 
        persons, to improve health conditions, and assist in the 
        rebuilding of basic infrastructure in Afghanistan, including 
        assistance such as--
                    (A) rehabilitation of the agricultural 
                infrastructure, including irrigation systems and rural 
                roads;
                    (B) extension of credit;
                    (C) provision of critical agricultural inputs, such 
                as seeds, tools, and fertilizer, and strengthening of 
                seed multiplication, certification, and distribution 
                systems;
                    (D) improvement in the quantity and quality of 
                water available through, among other things, 
                rehabilitation of existing irrigation systems and the 
                development of local capacity to manage irrigation 
                systems;
                    (E) livestock rehabilitation through market 
                development and other mechanisms to distribute stocks 
                to replace those stocks lost as a result of conflict or 
                drought;
                    (F) mine awareness and demining programs and 
                programs to assist mine victims, war orphans, and 
                widows;
                    (G) programs relating to infant and young child 
                feeding, immunizations, vitamin A supplementation, and 
                prevention and treatment of diarrheal diseases and 
                respiratory infections;
                    (H) programs to improve maternal and child health 
                and reduce maternal and child mortality;
                    (I) programs to improve hygienic and sanitation 
                practices and for the prevention and treatment of 
                infectious diseases, such as tuberculosis and malaria;
                    (J) programs to reconstitute the delivery of health 
                care, including the reconstruction of health clinics or 
                other basic health infrastructure; and
                    (K) 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;
                    (iii) programs to enable the Government of 
                Afghanistan to recruit and train teachers, with special 
                focus on the recruitment and training of female 
                teachers;
                    (iv) programs to enable the Government of 
                Afghanistan to develop school curriculum that 
                incorporates relevant information such as landmine 
                awareness, food security and agricultural education, 
                human rights awareness, and civic education;
                    (v) support for the activities of the Government of 
                Afghanistan to draft a new constitution, other legal 
                frameworks, and other initiatives to promote the rule 
                of law in Afghanistan;
                    (vi) support to increase the transparency, 
                accountability, and participatory nature of 
                governmental institutions, including programs designed 
                to combat corruption and other programs for the 
                promotion of good governance;
                    (vii) support for an independent media;
                    (viii) programs that support the expanded 
                participation of women and members of all ethnic groups 
                in government at national, regional, and local levels;
                    (ix) programs to strengthen civil society 
                organizations that promote human rights and support 
                human rights monitoring;
                    (x) support for national, regional, and local 
                elections and political party development; and
                    (xi) support for the effective administration of 
                justice at the national, regional, and local levels, 
                including the establishment of a responsible and 
                community-based police force.
            (B) For each of the fiscal years 2002 through 2005, not 
        less than $10,000,000 of the amount made available to carry out 
        this title should be made available for the purposes of 
        carrying out a traditional Afghan assembly or ``Loya Jirga'' 
        and for support for national, regional, and local elections and 
        political party development under subparagraph (A)(x).
            (6) Market economy.--To support the establishment of a 
        market economy, the establishment of private financial 
        institutions, the adoption of policies to promote foreign 
        direct investment, the development of a basic telecommunication 
        infrastructure, and the development of trade and other 
        commercial links with countries in the region and with the 
        United States, including policies to--
                    (A) encourage the return of Afghanistan citizens or 
                nationals living abroad who have marketable and 
                business-related skills;
                    (B) establish financial institutions, including 
                credit unions, cooperatives, and other entities 
                providing microenterprise credits and other income-
                generation programs for the poor, with particular 
                emphasis on women;
                    (C) facilitate expanded trade with countries in the 
                region;
                    (D) promote and foster respect for basic workers' 
                rights and protections against exploitation of child 
                labor;
                    (E) develop handicraft and other small-scale 
                industries; and
                    (F) provide financing programs for the 
                reconstruction of Kabul and other major cities in 
                Afghanistan.
    (b) Limitation.--
            (1) In general.--Amounts made available to carry out this 
        title (except amounts made available for assistance under 
        paragraphs (1) through (3) and subparagraphs (F) through (I) of 
        paragraph (4) of subsection (a)) may be provided only if--
                    (A) with respect to assistance for fiscal year 
                2003, the President first determines and certifies to 
                Congress that a traditional Afghan assembly or ``Loya 
                Jirga'' has been convened and has decided on a broad-
                based, multiethnic, gender-sensitive, fully 
                representative transitional authority for Afghanistan; 
                and
                    (B) with respect to assistance for fiscal years 
                2004 and 2005, the President first determines and 
                certifies to Congress with respect to the fiscal year 
                involved that substantial progress has been made toward 
                adopting a constitution and establishing a 
                democratically elected government for Afghanistan.
            (2) Waiver.--
                    (A) In general.--The President may waive the 
                application of subparagraph (A) or (B) of paragraph (1) 
                if the President first determines and certifies to 
                Congress that it is in the vital national interest of 
                the United States to do so.
                    (B) Contents of certification.--A certification 
                transmitted to Congress under subparagraph (A) shall 
                include--
                            (i) a full and complete description of the 
                        vital national interest of the United States 
                        that is placed at risk by reason the 
                        application of subparagraph (A) or (B) of 
                        paragraph (1), as the case may be; and
                            (ii) an analysis of the risk described in 
                        clause (i) versus the risk to the vital 
                        national interest of the United States by 
                        reason of the failure to exercise the waiver 
                        authority of subparagraph (A).

SEC. 105. PROMOTING COOPERATION IN MAJOR OPIUM PRODUCING REGIONS OF 
                    AFGHANISTAN.

    (a) In General.--Except as provided in subsection (b), a portion of 
the amount made available to carry out this title for a fiscal year 
shall be available for assistance in the major opium producing regions 
of Afghanistan, including areas within the Badakshan, Helmand, and 
Qandahar provinces with the goal of assisting in the elimination of 
poppy cultivation. Assistance under the preceding sentence shall be 
provided in coordination with the Government of Afghanistan, in 
consultation with the local leaders of such regions, and in 
coordination with the counter-narcotics efforts of other donors, 
particularly the United Nations Drug Control Program (UNDCP), and the 
European Union and its member states.
    (b) Limitation.--
            (1) In general.--Subject to paragraph (2), amounts made 
        available to carry out this title for a fiscal year (except 
        amounts made available for assistance under paragraphs (1) 
        through (3) and subparagraphs (F) through (I) of paragraph (4) 
        of section 104(a)) may not be provided to an opium producing 
        region if, with respect to such region, the Government of 
        Afghanistan does not actively, effectively, and vigorously 
        participate in illicit narcotics suppression activities or if, 
        beginning on September 30, 2003, opium is produced (other than 
        in a de minimis amount, as measured by surveys conducted by the 
        United States Government, the United Nations Drug Control 
        Program, or other reliable sources) in such region. Amounts 
        withheld from an opium producing region by reason of the 
        application of the preceding sentence shall be redistributed to 
        qualifying opium producing regions.
            (2) Waiver.--
                    (A) In general.--The President may waive the 
                restriction on assistance under the first sentence of 
                paragraph (1) with respect to an opium producing region 
                if the President first determines and certifies to 
                Congress that it is in the vital national interest of 
                the United States to do so.
                    (B) Contents of certification.--A certification 
                transmitted to Congress under subparagraph (A) shall 
                include--
                            (i) a full and complete description of the 
                        vital national interest of the United States 
                        that is placed at risk if assistance to the 
                        opium producing region involved is not provided 
                        under this section; and
                            (ii) an analysis of the risk described in 
                        clause (i) versus the risk to the vital 
                        national interest of the United States by 
                        reason of the failure to exercise the waiver 
                        authority of subparagraph (A).
    (c) Additional Requirement.--The coordinator designated by the 
President pursuant to section 106(a) and other appropriate officers of 
the Department of State and the United States Agency for International 
Development shall ensure that assistance under this title is provided, 
in appropriate amounts, to opium producing regions of Afghanistan 
consistent with the requirements of subsections (a) and (b).

SEC. 106. COORDINATION OF ASSISTANCE.

    (a) Designation of Coordinator.--The President is strongly urged to 
designate, within the Department of State, a coordinator who shall be 
responsible for--
            (1) designing an overall strategy to advance United States 
        interests in Afghanistan;
            (2) ensuring program and policy coordination among agencies 
        of the United States Government in carrying out the policies 
        set forth in this title;
            (3) pursuing coordination with other countries and 
        international organizations with respect to assistance to 
        Afghanistan;
            (4) ensuring that United States assistance programs for 
        Afghanistan are consistent with this title;
            (5) ensuring proper management, implementation, and 
        oversight by agencies responsible for assistance programs for 
        Afghanistan; and
            (6) resolving policy and program disputes among United 
        States Government agencies with respect to United States 
        assistance for Afghanistan.
    (b) Additional Requirement.--An individual designated by the 
President as coordinator pursuant to subsection (a) may only be an 
individual who is appointed by the President by and with the advice and 
consent of the Senate.

SEC. 107. ADMINISTRATIVE PROVISIONS.

    (a) Applicable Administrative Authorities.--Except to the extent 
inconsistent with the provisions of this title, the administrative 
authorities under chapters 1 and 2 of part III of the Foreign 
Assistance Act of 1961 shall apply to the provision of assistance under 
this title to the same extent and in the same manner as such 
authorities apply to the provision of economic assistance under part I 
of such Act.
    (b) Use of the Expertise of Afghan-Americans.--In providing 
assistance authorized by this title, the President should--
            (1) maximize the use, to the extent feasible, of the 
        services of Afghan-Americans who have expertise in the areas 
        for which assistance is authorized by this title; and
            (2) in the awarding of contracts and grants to implement 
        activities authorized under this title, encourage the 
        participation of such Afghan-Americans (including organizations 
        employing a significant number of such Afghan-Americans).
    (c) Administrative Expenses.--Not more than 5 percent of the amount 
made available to a Federal department or agency to carry out this 
title for a fiscal year may be used by the department or agency for 
administrative expenses in connection with such assistance.
    (d) Monitoring.--
            (1) Comptroller general.--The Comptroller General shall 
        monitor the provision of assistance under this title.
            (2) Inspector general of usaid.--
                    (A) In general.--The Inspector General of the 
                United States Agency for International Development 
                shall conduct audits, inspections, and other 
                activities, as appropriate, associated with the 
                expenditure of the funds to carry out this title.
                    (B) Funding.--Not more than $1,500,000 of the 
                amount made available to carry out this title for a 
                fiscal year shall be made available to carry out 
                subparagraph (A).
    (e) Congressional Notification Procedures.--Funds made available to 
carry out this title may not be obligated until 15 days after 
notification of the proposed obligation of the funds has been provided 
to the congressional committees specified in section 634A of the 
Foreign Assistance Act of 1961 in accordance with the procedures 
applicable to reprogramming notifications under that section.
    (f) Authority To Provide Assistance.--Assistance under this title 
may be provided notwithstanding any other provision of law.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title $200,000,000 for fiscal year 2002, 
$300,000,000 for each of the fiscal years 2003 and 2004, and 
$250,000,000 for fiscal year 2005. Amounts authorized to be 
appropriated pursuant to the preceding sentence for fiscal year 2002 
are in addition to amounts otherwise available for assistance for 
Afghanistan.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are--
            (1) authorized to remain available until expended; and
            (2) in addition to funds otherwise available for such 
        purposes, including, with respect to food assistance under 
        section 104(a)(1), funds available under title II of the 
        Agricultural Trade Development and Assistance Act of 1954, the 
        Food for Progress Act of 1985, and section 416(b) of the 
        Agricultural Act of 1949.

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

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

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

SEC. 202. AUTHORIZATION OF ASSISTANCE.

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

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

    A foreign country or international organization shall be eligible 
to receive assistance under section 202 if such foreign country or 
international organization is participating in or directly supporting 
United States military activities authorized under Public Law 107-40 or 
is participating in military, peacekeeping, or policing operations in 
Afghanistan aimed at restoring or maintaining peace and security in 
that country, except that no country the government of which has been 
determined by the Secretary of State to have repeatedly provided 
support for acts of international terrorism under section 620A of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of the 
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or 
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) shall 
be eligible to receive assistance under section 202.

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 under subsection (b)(1).
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President such sums as may be necessary to reimburse the 
        applicable appropriation, fund, or account for the value (as 
        defined in section 644(m) of the Foreign Assistance Act of 
        1961) of defense articles, defense services, or military 
        education and training provided under section 202(a)(2).
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended, and are in 
        addition to amounts otherwise available for the purposes 
        described in this title.

SEC. 205. AUTHORITY TO PROVIDE ASSISTANCE.

    (a) Government of Afghanistan.--Assistance to the Government of 
Afghanistan under this title may be provided notwithstanding any other 
provision of law.
    (b) Eligible Foreign Countries and Eligible International 
Organizations.--
            (1) Authority.--The President may provide assistance under 
        this title to any eligible foreign country or eligible 
        international organization notwithstanding any other provision 
        of law (other than provisions of this title) if the President 
        determines that such assistance is important to the national 
        security interest of the United States and notifies the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate of such determination at least 15 days in advance of 
        providing such assistance.
            (2) Notification.--The report described in paragraph (1) 
        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. SUNSET.

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

                          Purpose and Summary

    The Afghanistan Freedom Support Act of 2002 (H.R. 3994), as 
reported out of the Committee on International Relations with 
two amendments, is intended to promote the reconstruction of an 
independent, prosperous and democratic Afghanistan. The goals 
and objectives of this legislation are to provide assistance to 
the people of Afghanistan for the purposes of alleviating 
suffering, aiding recovery, bolstering stability, and promoting 
democratic civil government; to provide for the national 
security of the United States and other nations by eliminating 
Afghanistan as a source of terrorism and instability in the 
region; and to provide for the security of the United States 
and other nations by reducing the amount of narcotics grown in 
or trafficked through Afghanistan.
    Specifically, H.R. 3994 authorizes a broad range of 
development, economic and security assistance for Afghanistan, 
authorizes $1.05 billion in various assistance activities over 
4 years, and provides the Administration with great flexibility 
to take into account the fluid situation in Afghanistan and the 
anticipated variety of needs. Title I of the bill authorizes 
assistance to meet urgent humanitarian needs, such as the 
provision of food aid and disaster relief, and emphasizes the 
need to assist refugees return to their home communities in 
Afghanistan when it is safe to do so. Title I also provides for 
assistance for reconstruction and rehabilitation of basic 
infrastructure and assistance to the civil society and interim 
authority in Afghanistan. It underscores the importance of 
eradicating poppy cultivation in order to reduce supply and 
demand for illicit narcotics in Afghanistan and in the region. 
By emphasizing the importance of supporting stability through 
employment programs and of improving food security, the health 
system, and the agricultural sector, title I endorses the 
priority sectors informed by the latest assessments. 
Furthermore, title I promotes efforts already underway to 
improve the education system and support the transparency, 
accountability and participatory nature of governmental 
institutions in Afghanistan. Title I establishes only two 
conditions for providing assistance to Afghanistan, both with 
national interest waivers (and both of which exempt 
humanitarian, refugee and human rights assistance): the 
Government of Afghanistan must fully support counternarcotics 
efforts; and the people of Afghanistan must follow-through on 
commitments to peace made in Bonn, Germany in December, 2001. 
Title II of bill authorizes the provision of security 
assistance to Afghanistan as well as countries and 
international organizations supporting the efforts to control 
terrorism and improve the security situation in Afghanistan, 
primarily through the drawdown of defense articles and 
services.

                Background and Need for the Legislation

    The President has asked Congress to make available funds to 
support the reconstruction and development of Afghanistan and 
has requested $250 million in emergency supplemental FY2002 
appropriations for Afghanistan. This supplemental assistance, 
if appropriated by Congress, will be in addition to nearly $300 
million in FY2002 funding already announced and allocated from 
existing accounts this fiscal year (including from food aid, 
development assistance, economic support funds, and other 
accounts). The Afghanistan Freedom Support Act provides the 
President with this flexibility to address the challenges 
ahead, and was drafted with the purpose of increasing the 
President's options and authorities.
    In addition to food assistance, refugee relief, and other 
forms of emergency disaster assistance aimed at saving lives 
and alleviating suffering since the beginning of this fiscal 
year, the United States has embarked on a wide-ranging 
assistance program for Afghanistan including security and 
counternarcotics assistance, transition assistance for 
Afghanistan's interim government, aid for schools, hospitals 
and farms, and support to reestablish the participation of 
women and girls in society, education and the workplace. 
Afghanistan's full recovery will take years, however, and the 
Administration needs to take a long-term perspective in 
planning its assistance. It also needs the flexibility and 
relative certainty of a dedicated fund for Afghanistan freed of 
many of the limitations of the Foreign Assistance Act as well 
as the competing demands on foreign assistance funding from 
existing accounts.
    The United States will be required to maintain strategic 
focus in order to overcome the magnitude of poverty, 
destruction and economic distress in Afghanistan. Instead of 
relying on emergency appropriations, the Committee favors 
establishment of a separate account and the appointment of a 
single coordinator of assistance. The availability of dedicated 
funding for a 4-year period will allow the Administration to 
implement a strategic assistance plan for Afghanistan, and the 
early establishment of this fund, as authorized by this bill, 
will be the first step toward development of a coherent 
planning framework.
    At a hearing on March 14, 2002, the Committee on 
International Relations heard testimony from two witnesses, 
Administrator Natsios of the U.S. Agency for International 
Development and Under Secretary Larson from the State 
Department, on the current assistance needs and challenges in 
Afghanistan. The witnesses described the immense needs and the 
desperate situation facing the Afghan people face even after 
their liberation from the rule of the Taliban. The witnesses 
also described the variety of agencies involved, necessarily 
so, in securing a peaceful future for Afghanistan. The variety 
of departments and agencies involved is staggering.
    The U.S. Agency for International Development has been 
active in delivering humanitarian assistance continuously since 
1997, supporting the work of non-governmental organizations in 
delivering life-saving aid to remote villages affected not only 
by drought, but also by more than two decades of conflict. 
Since the fall of the Taliban, USAID has rapidly increased its 
program and presence, and is now equipping Afghanistan's 
classrooms and training its teachers, assisting the health 
system, exploring opportunities to rehabilitate the agriculture 
sector; and supporting the Interim Authority, by providing 
technical assistance for the Loya Jirga.
    The United Nations and its affiliated specialized agencies, 
supported strongly by the food donations and cash funding of 
the United States, continues to eradicate poppies and otherwise 
fight the trade in illicit drugs, feed hungry people, identify 
housing and agriculture solutions, vaccinate Afghan children, 
assist the Interim Authority, and provide protection to 
refugees and internally displaced persons in Afghanistan and 
neighboring countries.
    The Department of State also has an important role in 
ensuring overall coordination of U.S. assistance plans with 
U.S. policy. Beyond its policy coordination and diplomatic 
role, several bureaus in the State Department administer 
assistance programs or mandates for Afghanistan. Among these is 
the Bureau for Population, Refugees and Migration, which is 
responsible for refugee protection, assistance and 
resettlement. The Bureau for Political-Military Affairs is 
responsible for administering part of the United States' mine 
action program, specifically assistance to provide equipment 
and technical training to civilian demining teams. The Bureau 
of International Narcotics and Law Enforcement is in charge of 
U.S. counternarcotics efforts in the region and around the 
world. The Bureau of Democracy, Human Rights and Labor is also 
expected to advance U.S. goals in Afghanistan by funding 
programs that promote the respect for human rights and the 
development of democratic institutions.
    The Defense Department continues its assistance activities 
inside Afghanistan, through the use of Civil Affairs teams who 
are working side-by-side with Afghan officials at the village-
level to improve infrastructure by rebuilding roads, runways 
and schools. Earlier in the campaign, the Defense Department 
joined in on the relief mission by airdropping food rations to 
needy populations otherwise inaccessible by relief agencies and 
the United Nations.
    In a recent announcement during the visit of Afghan Interim 
Authority Chair Hamid Karzai, Cabinet officials of the Bush 
Administration announced additional assistance activities to be 
administered by their respective departments: the Department of 
Labor, the Department of Health and Human Services, and the 
Department of Education. We understand that the Peace Corps, 
the Overseas Private Investment Corporation, the Trade 
Development Agency, and the Export-Import Bank of the United 
States each see a role for themselves in Afghanistan. 
Furthermore, the Centers for Disease Control and Prevention, 
the U.S. Department of Agriculture, and the Treasury Department 
each have their own roles and programs in Afghanistan, either 
in the field or here in Washington.
    A coordinator is clearly needed to ensure unity of effort 
among various agencies of the United States Government, as well 
as coordination of our strategy with other donors and with the 
United Nations. The Committee encourages the Administration to 
identify a coordinator who can develop and consult with 
Congress a coherent assistance strategy that covers all facets 
of aid contemplated and authorized in this bill.
    The bill provides that the United States should give high 
priority to drug control activities. Neither the Afghan 
government, the United States, nor the international community 
had planned, at the time the bill was marked up, to provide 
significant assistance to areas where opium is being grown.
    Afghanistan has in recent years been the source of the 
great majority of the world's opium. Opium is typically 
converted in heroin either in Afghanistan or in nearby 
countries. The opium trade helps fund terrorists and results in 
untold suffering of addicts and in criminal activity of all 
sorts. The Afghan government has declared its commitment to 
suppress the cultivation of opium and trafficking in it. 
However, it has few resources to translate its policy into 
action.
    Recognizing that local authorities in various regions of 
Afghanistan need incentives to cooperate in narcotics 
suppression activities, the Committee's bill provides for 
significant United States assistance to be furnished to opium 
growing regions. However, such assistance, other than for 
humanitarian purposes, is to be transferred away from opium 
growing regions where the authorities do not cooperate in 
narcotics suppression activities or where, after September 30, 
2003, opium is grown other than in de minimus amounts. The 
funds are to be redirected to those opium growing regions where 
the authorities cooperate on this priority.
    The Committee has learned that international agencies are 
not taking narcotics control efforts adequately into 
consideration in their operations in Afghanistan. The bill 
directs the Administration to seek the cooperation of 
international organizations in this respect.
    The United States has an essential role to play in 
Afghanistan's recovery from the horrific conflict and 
devastation of the past 30 years. But the Administration needs 
a coherent strategy and structure in place in order to achieve 
the United States' objectives of eliminating terrorism, 
securing the peace, combating drugs, promoting democracy, 
delivering aid to those in need, establishing a market economy 
including private financial institutions, developing an energy 
and telecommunications infrastructure, providing for the 
reconstruction of Kabul and other major cities in the country, 
and safeguarding the human and civil rights of all, 
particularly women and children. This legislation will assist 
the Administration to develop a strategic approach to the 
assistance needs of Afghanistan. By authorizing a significant, 
4-year, flexible fund for the purpose of dealing with the 
special situation we find in Afghanistan, this legislation will 
give the Administration great flexibility to design and 
implement a comprehensive assistance strategy in line with U.S. 
priorities and objectives in that troubled country.

                                Hearings

    The Committee held hearings on Afghanistan on November 7, 
2001 and March 14, 2002. In November, testimony was received 
from Ambassador Peter Tomsen, University of Nebraska; Dr. 
Barnett Rubin, New York University; Dr. Elie Krakowski, Johns 
Hopkins University; Stephen Philip Cohen, Brookings 
Institution; M. Hasan Nouri, International Orphan Care; and 
Qayum Karzai, Afghans for Civil Society. At the March hearing, 
testimony was received from Andrew S. Natsios, Administrator, 
U.S. Agency for International Development; and Alan Larson, 
Under Secretary for Economic and Business Affairs, Department 
of State.

                        Committee Consideration

    On March 20, 2002, the Committee on International Relations 
marked up the bill, H.R. 3994, pursuant to notice, in open 
session. The Committee adopted two amendments and, a quorum 
being present, agreed by voice vote to a motion offered by 
Chairman Hyde to favorably report the bill, as amended, to the 
House of Representatives. By unanimous consent the Committee 
ordered that the bill be reported in the form of an amendment 
in the nature of a substitute reflecting the amendments adopted 
in Committee.

                         Votes of the Committee

    There were no recorded votes during the consideration of 
the bill.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R.3994, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 2002.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3994, the 
Afghanistan Freedom Support Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Joseph C. 
Whitehill, who can be reached at 226-2840.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable Tom Lantos,
        Ranking Democratic Member.
H.R. 3994--Afghanistan Freedom Support Act of 2002

                                SUMMARY

    H.R. 3994 would authorize economic and military assistance 
to the government of Afghanistan for 2002 through 2005. The 
bill would authorize the appropriation of $1,050 million for 
humanitarian and economic assistance over the 2002-2005 period 
and an indefinite amount for military assistance. CBO estimates 
that implementing H.R. 3994 would cost $1.2 billion over the 
2002-2007 period, assuming the appropriation of the necessary 
funds. Because the bill would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply.
    H.R. 3994 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3994 is shown in the 
following table. This estimate assumes the legislation will be 
enacted before July 1, 2002. The estimate also assumes that the 
amounts authorized for 2002 would be provided in a supplemental 
appropriation by July 1, 2002, and that amounts authorized for 
2003, 2004, and 2005 would be provided in annual appropriation 
acts by the start of each fiscal year. The costs of this 
legislation fall within budget function 150 (international 
affairs).

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Afghanistan                      320       80        0        0        0        0
  Budget Authority/Estimated Authorization Level \1\
  Estimated Outlays                                             268      162       51       12        3        1

Proposed Changes                                                255      400      400      300        0        0
  Estimated Authorization Level
  Estimated Outlays                                              56      189      280      307      235      132

Spending Under H.R. 3994 for Afghanistan                        572      480      400       30      0.0        0
  Estimated Authorization Level
  Estimated Outlays                                             324      351      331      319      238      133
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year. The estimated authorization level for 2003 is for
  food-aid to Afghanistan.

                           BASIS OF ESTIMATE

    In October 2001, the President announced that the United 
States would provide $320 million for humanitarian assistance 
to the people of Afghanistan out of the Emergency Response Fund 
or other appropriations available for 2002. Most of those funds 
have been committed to specific activities. H.R. 3994 would 
authorize the appropriation of an additional $200 million for 
humanitarian and economic assistance in 2002, $300 million a 
year in 2003 and 2004, and $250 million in 2005 for similar 
purposes. In addition, the bill would authorize the President 
to provide military assistance to the government of Afghanistan 
including the authority to use $300 million from the resources 
of the Department of Defense.
    Title I would authorize assistance for urgent humanitarian 
needs, assistance for repatriating and resettling refugees and 
internally displaced persons, funding for narcotics control 
programs, and other economic assistance to establish a viable 
nation-state with a market economy. The mix of programs that 
might be established to provide this assistance is not 
specified in the bill. Rather, the determination of the 
programs and spending levels would be left to the President 
based on policy choices that have not yet been made. For the 
purposes of this estimate, CBO assumes that the amounts 
authorized for 2002 are the same as the President's 
supplemental request for Afghanistan: $80 million in economic 
support, $60 million for international narcotics control and 
law enforcement, $40 million in disaster assistance, $20 
million for international peacekeeping operations, and $5 
million for administrative expenses. In 2003 through 2005, CBO 
assumes that the mix of programs will shift from fast-
disbursing humanitarian relief to slower spending economic 
assistance.
    The bill does not authorize a specific amount for military 
assistance in title II, instead the bill would authorize the 
President to provide defense articles, defense services, and 
military education and training services on such terms and 
conditions as he may determine. CBO assumes a funding level for 
2002 equal to the President's supplemental request of $50 
million for foreign military financing for Afghanistan and 
total funding over the four-year period of $300 million, an 
amount equal to the drawdown limit set by the bill. CBO 
estimated outlays for these programs using historical spending 
patterns for similar programs in other countries.

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 3994 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
State, local, or tribal governments.

                         ESTIMATE PREPARED BY:

Federal Costs: Joseph C. Whitehill (226-2840)
Impact on State, Local, and Tribal Governments: Elyse Goldman 
        (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The goals and objectives of this legislation are to provide 
assistance to the people of Afghanistan for the purposes of 
alleviating suffering, aiding recovery, bolstering stability, 
and promoting democratic civil government, to provide for the 
national security of the United States and other nations by 
eliminating Afghanistan as a source of terrorism and 
instability in the region, and to provide for the security of 
the United States and other nations by reducing the amount of 
narcotics grown in or trafficked through Afghanistan.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 18 of the 
Constitution (relating to making all laws necessary and proper 
for carrying into execution powers vested by the Constitution 
in the government of the United States).

               Section-by-Section Analysis and Discussion

    Section 1. Short Title. Section 1 cites the act as the 
``Afghanistan Freedom Support Act of 2002.''
Title I--Economic and Democratic Development Assistance for Afghanistan
    Section 101. Declaration of Policy. This section 
articulates numerous declarations of Congressional policy on 
the special emergency situation in Afghanistan. The United 
States and the international community should support efforts 
that advance the development of democratic civil society in 
Afghanistan, and that the United States, in particular, should 
provide its expertise to meet immediate humanitarian and 
refugee needs as well as assist Afghan authorities to 
reconstruct Afghanistan's agriculture, health and education 
systems as well as fight the production and flow of illicit 
narcotics. By providing assistance and promoting peace and 
security in Afghanistan, the United States can ensure that 
Afghanistan never again becomes a source for international 
terrorism. The United States should support the objectives 
agreed to in December, 2001 in Bonn, Germany by Afghan 
representatives who agreed upon the provisional and permanent 
establishment of institutions of government. In order to 
provide such assistance, 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 assistance for Afghanistan should 
be established for this purpose.
    Section 102. Purposes of Assistance. This section 
articulates in general terms that the purposes of assistance 
authorized by title I are to help assure the security of the 
United States forces in Afghanistan; to reduce the chance that 
Afghanistan will again be a source of international terrorism; 
to support continued efforts at addressing humanitarian and 
refugee crisis in Afghanistan and the region; to support the 
reconstruction of Afghanistan through programs that create 
jobs, facilitate clearance of landmines, and rebuild the 
agricultural sector, the health care system, and the 
educational system of Afghanistan; to enhance and bolster the 
capacities of Afghan governmental authorities to control poppy 
cultivation and to fight the production and flow of illicit 
narcotics; and to foster the participation of civil society in 
the establishment of the new Afghan government in order to 
achieve a broad-based, multiethnic, gender-sensitive, fully 
representative government freely chosen by the Afghan people.
    Section 103. Purposes of Assistance. This section 
establishes principles that should undergird the provision of 
assistance authorized by title I. These principles are that 
assistance should be designed to reduce the likelihood of harm 
to United States forces in the region; reduce the likelihood of 
additional acts of international terrorism emanating from 
Afghanistan; and reduce the cultivation, production, 
trafficking, and use of illicit narcotics in Afghanistan. 
Assistance should increase the participation of women at all 
levels, wherever feasible by expanding economic and educational 
opportunity for women. Such assistance should build upon Afghan 
traditions and practices, and should encourage the restoration 
of security in Afghanistan, including among other things, the 
disarmament, demobilization, and reintegration of combatants, 
and the establishment of the rule of law. All assistance should 
be part of a larger donor effort, and should be fully 
coordinated with other donors while the United States asserts 
its leadership to have the efforts of international donors help 
achieve the purposes established by title I.
    Section 104. Authorization of Assistance. This section 
authorizes six different general categories of assistance 
(urgent humanitarian needs, repatriation and resettlement of 
refugees and internally displaced persons; counternarcotics 
efforts; reestablishment of food security, rehabilitation of 
the agriculture sector, and improvement in health conditions; 
reestablishment of Afghanistan as a viable nation-state; and 
promotion of market economy). It provides (subject to a 
national interest waiver) that if the essentials of the Bonn 
Process are not followed, non-humanitarian aid may not be 
provided under title I.
    The Committee notes the extensive history of The Asia 
Foundation's presence in Afghanistan. The Foundation had 
offices and programs in Afghanistan for 26 years prior to the 
Soviet incursion of 1979, and thereafter continued its 
operations in Peshawar through the 1990's. Currently, the 
Foundation is providing immediate assistance to the interim 
Afghan government, notably to the Ministries of Women's 
Affairs, Higher Education, and Foreign Affairs.
    The Committee urges allocation of sufficient funding for 
the Foundation's time-sensitive work in four vital areas: 
promoting broad and representative local participation in the 
coming Loya Jirga, or National Council; ensuring the 
participation of women in that process and in future public and 
professional life in Afghanistan, including the maintenance of 
Constitutional protection for the rights of women; providing 
training to Afghanistan's inexperienced diplomatic corps as it 
reenters normal relations with other nations; and 
reestablishing an effective system of higher education in 
Afghanistan.
    Section 105. Promoting Cooperation in Major Opium Producing 
Regions of Afghanistan. This section discusses counter-
narcotics in particular (providing that assistance flow to 
areas where narcotics are grown so as to support crop 
substitution and related programs and conditioning (subject to 
a national interest waiver) non-humanitarian assistance 
authorized under title I in specific regions where narcotics 
are grown on cooperation and performance relative to narcotics 
eradication; if assistance is withheld from areas because of 
non-cooperation, the assistance is to be distributed to 
cooperating areas.)
    Section 106. Coordination of Assistance. This section urges 
the President to designate a coordinator of assistance and 
policy for Afghanistan who, if appointed and confirmed by the 
Senate, will have the authority design an overall assistance 
and economic cooperation strategy for Afghanistan, ensure 
policy and program coordination among agencies of the United 
States government in carrying out the policies set forth in 
title I, ensuring proper management, implementation, and 
oversight by agencies responsible for assistance programs for 
Afghanistan, coordinating with other countries and 
international organizations, and related functions. (This 
provision tracks language found in the Freedom Support Act and 
the SEED Act.)
    Section 107. Administrative Provisions. This section 
includes administrative provisions, including the requirement 
for monitoring of assistance activities by the Comptroller 
General and the Inspector General of the Agency for 
International Development.
    Section 108. Authorization of Appropriations. This section 
provides an authorization of appropriations totaling $1.05 
billion over years 2002-2005.
Title II--Military Assistance for Afghanistan and Certain Other Foreign 
        Countries and International Organizations
    Section 201. Support for Security During Transition in 
Afghanistan. This section expresses the sense of Congress that 
during the political transition in Afghanistan the United 
States should support a number of steps that will contribute to 
a secure environment in Afghanistan.
    Section 202. Authorization of Assistance. This section 
creates several new authorities to provide security assistance 
to Afghanistan and to eligible foreign countries and 
international organizations. These authorities (including 
corresponding authorizations for the appropriation of funds) 
are in addition to existing authorities to provide assistance 
to such countries and organizations, and any limitations or 
restrictions set forth in this title with respect to these new 
authorities that do not apply to existing authorities are not 
intended to apply to those existing authorities.
    Subsection 202(a)(1) authorizes the President to provide, 
on such conditions as he may determine and to the extent that 
funds are appropriated for this purpose, defense articles, 
defense services, and other support (including training) to the 
Government of Afghanistan and to eligible foreign countries and 
eligible international organizations. In the case of the 
Government of Afghanistan, the President is also authorized to 
provide counter-narcotics, crime control andpolice training 
services.
    In the case of eligible foreign countries and eligible 
international organizations, assistance provided pursuant to 
section 202(a)(1)(B) is to be used for directly supporting the 
activities of the recipient that qualify it as an eligible 
foreign country or eligible international organization for 
purposes of this title. This subsection is intended to 
authorize the appropriation of such sums as may be necessary to 
carry out this subsection through December 31, 2004.
    Subsection 202(a)(2) authorizes the President to direct the 
drawdown of defense articles, defense services, and military 
education and training for the Government of Afghanistan, 
eligible foreign countries, and eligible international 
organizations.
    Subsection 202(a)(3) provides that assistance authorized 
under paragraphs (1) and (2) of subsection 202(a) and under the 
Iraq Liberation Act of 1998 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. The purpose of this provision is to increase the 
flexibility available to the President to provide assistance 
pursuant to this title, and in particular to increase the 
usefulness of the drawdown authority provided under this 
section and under the Iraq Liberation Act.
    Subsection 202(b) provides that the aggregate value of 
assistance provided under the drawdown authority of subsection 
202(a)(2) 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).
    Section 203. Eligible Foreign Countries and Eligible 
International Organizations. This section provides a definition 
of eligible foreign countries and eligible international 
organizations for purposes of this title. No country that has 
been identified by the Secretary of State as a state sponsor of 
terrorism may receive assistance under this title.
    Section 204. Reimbursement for Assistance. This section 
provides that 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 contained in 
subsection (b) of this section. Subsection (b) authorizes the 
appropriation to the President of such sums as may be necessary 
to reimburse the applicable appropriation fund or account for 
the value of defense articles, defense services, or military 
education and training provided under section 202a)(2).
    Section 205. Authority to Provide Assistance. This section 
provides that assistance to the Government of Afghanistan under 
this title may be provided notwithstanding any other provision 
of law. This section further provides that assistance to 
eligible foreign countries and eligible international 
organizations under this title may be provided notwithstanding 
any other provision of law, provided that (1) the President 
determines that such assistance is important to the national 
security interest of the United States, and (2) notifies the 
Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate of such determination at least 15 days in advance of 
providing such assistance. Such notification shall include 
information about the type and amount of assistance proposed to 
be provided and the actions of the proposed recipient that 
qualify it as an eligible foreign country or eligible 
international organization for purposes of this title. The 
Committee expects that these notifications will be subject to 
the same procedures that apply to Section 634A of the Foreign 
Assistance Act.
    Section 206. Sunset. This section provides that the 
authority of this title shall expire on December 31, 2004.

                        New Advisory Committees

    H.R. 3994 does not establish or authorize any new advisory 
Committees.

                    Congressional Accountability Act

    H.R. 3994 does not apply to the legislative branch.

                            Federal Mandates

    H.R. 3994 imposes no Federal mandates.

                                
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