II 

110TH CONGRESS 

2D SESSION S. 3531 

To authorize assistance for Afghanistan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Mr. LUGAR (for himself, Mr. BIDEN, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To authorize assistance for Afghanistan, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Afghan Freedom Sup5 port and Security Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) More than 6 years after the liberation of 

9 Afghanistan from the Taliban, who provided Osama 

10 Bin Laden and Al-Qaeda with a safe haven for planVerDate Aug 31 2005 05:34 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3531.IS S3531

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1 ning the attacks of September 11, 2001, Afghani2 stan remains highly unstable and the government of 

3 President Hamid Karzai remains subject to attacks 

4 from remnants of the Taliban who have regrouped 

5 in the region with other insurgent groups, including 

6 foreign fighters associated with Al-Qaeda. 

7 (2) The Government of Afghanistan supports 

8 the continued deployment of international forces to 

9 supplement its own nascent national security forces 

10 and North Atlantic Treaty Organization (NATO) 

11 forces, which took over international stability oper12 ations for the entire country through the Inter13 national Security Assistance Force (ISAF) on Octo14 ber 5, 2006. 

15 (3) An insurgency that began in a relatively 

16 weak position at the end of 2005 has expanded to 

17 pose a serious threat to the Government of Afghani18 stan and the international NATO/ISAF and Oper19 ation Enduring Freedom forces, whose casualties 

20 have mounted significantly during 2008, while civil21 ian casualties have also increased substantially in 

22 Afghanistan, resulting in significant popular dis23 enchantment and concern about the prospects of 

24 peace and stability in the near future. 


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1 (4) A January 2008 issue brief published by 

2 the Atlantic Council of the United States, entitled 

3 ‘‘Saving Afghanistan: An Appeal and Plan for Ur4 gent Action’’, states: ‘‘On the security side, a stale5 mate of sorts has taken hold. NATO and Afghan 

6 forces cannot be beaten by the insurgency or by the 

7 Taliban. Neither can our forces eliminate the 

8 Taliban by military means as long as they have 

9 sanctuary in Pakistan. Hence, the future of Afghani10 stan will be determined by progress or failure in the 

11 civil sector. However, civil sector reform is in serious 

12 trouble. Little coordination exists among the many 

13 disparate international organizations and agencies 

14 active in Afghanistan. Legal and judicial reform (in15 cluding reducing corruption), and control of nar16 cotics are interdependent efforts and must receive 

17 the highest priority. To add insult to injury, of every 

18 dollar of aid spent on Afghanistan, less than ten 

19 percent goes directly to Afghans, further 

20 compounding reform and reconstruction problems.’’. 

21 (5) Despite the establishment of a constitution 

22 and a constitutionally-elected government in Afghan23 istan, the failure to build the core institutions of the 

24 state and the market has resulted in opportunities 


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1 for massive corruption and the mounting loss of 

2 trust of the Afghan people in their government. 

3 (6) The Secretary of Defense clarified that the 

4 emphasis of international effort must be far more 

5 than military assistance, stating in testimony before 

6 Congress on September 10, 2008, ‘‘. . . additional 

7 forces alone will not solve the problem. Security is 

8 just one aspect of the campaign, alongside develop9 ment and governance. We must maintain momen10 tum, keep the international community engaged, and 

11 develop the capacity of the Afghan government. The 

12 entirety of the NATO alliance, the EU, NGOs, and 

13 other groups—our full military and civilian capabili14 ties—must be on the same page and working toward 

15 the same goal with the Afghan government.’’. 

16 (7) The international effort to retrain and help 

17 establish an effective police force in Afghanistan has 

18 fallen well short of expectations despite 4 distinct ef19 forts over 7 years, costing billions of dollars of in20 vestment. Respected assessments over the last sev21 eral years by the Government Accountability Office, 

22 the International Crisis Group, and the Afghanistan 

23 Research and Evaluation Unit, have dramatically 

24 noted the paramount importance of capable national 

25 and local police forces in a stable and secure society 


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1 and the abject failure to achieve such an outcome in 

2 Afghanistan due to— 

3 (A) entrenched corruption in the Ministry 

4 of Interior; 

5 (B) lack of consensus on strategic focus 

6 among donors; 

7 (C) a lack of accountability over police 

8 trained and returned to their communities, in9 cluding the dearth of women police; and 

10 (D) the failure to backstop policing with 

11 rule of law institutions, such as courts and pris12 ons. 

13 (8) The Government Accountability Office re14 port released on June 18, 2008 (GAO–08–883T) in15 dicates that ‘‘although the [Afghan National Police] 

16 has reportedly grown in number since 2005, after an 

17 investment of nearly $6 billion, no Afghan police 

18 unit (0 of 433) is assessed by Defense as fully capa19 ble of performing its mission’’ and there is not any 

20 verified database of police personnel. 

21 (9) The Afghanistan Research and Evaluation 

22 Unit released a report in July 2007, entitled 

23 ‘‘AREU-Cops or Robbers; The Struggle to Reform 

24 the Afghan National Police’’, which observes that 

25 the most consistent theme that emerged was that 


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1 without comprehensive reform of the Ministry of In2 terior, which is notoriously corrupt, factionalized, 

3 and an increasingly important actor in Afghanistan’s 

4 illegal drug economy, police reform efforts will fail 

5 and the money spent on reform will be wasted. 

6 (10) The International Crisis Group report re7 leased in August 2007, entitled ‘‘ICG-Reforming Af8 ghanistan’s Police’’— 

9 (A) asserts that police training must stress 

10 quality rather than quantity; 

11 (B) quotes an experienced police adviser, 

12 ‘‘I would rather have a force of 20,000 credible 

13 and effective police officers than 60,000 or even 

14 80,000 men who have been through some sort 

15 of nominal training process which is not fully 

16 fit-for-purpose’’; and 

17 (C) reports that by July 2007, 71,147 

18 rank and file police had received training, of 

19 whom only 118 were women. 

20 (11) The failure of the current counter-nar21 cotics strategy for Afghanistan has diminished Af22 ghan political will to take on the increasingly power23 ful drug interests in the country. The lack of signifi24 cant results is due to factors such as— 


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1 (A) the failure to have in place in Afghani2 stan the essential institutional elements nec3 essary to arrest and prosecute mid- and high4 level drug traffickers and enablers; and 

5 (B) the lack of economic mechanisms, such 

6 as finance facilities and services and adequate 

7 land rights, to enable Afghan farmers to de8 velop alternatives to opium production. 

9 (12) The violence and instability in Afghanistan 

10 is further exacerbated by corruption and the flour11 ishing trade in opium and opium-related products, 

12 which— 

13 (A) has reached record levels; 

14 (B) fuels local militias; 

15 (C) corrupts the national and local govern16 ments; and 

17 (D) provides funding for insurgent and 

18 terrorist groups. 

19 (13) There is a consensus that the judiciary is 

20 ineffective and corrupt, which— 

21 (A) puts property rights at risk; 

22 (B) prevents the prosecution of drug deal23 ers and criminals; and 


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1 (C) opens up a space for the Taliban’s 

2 version of arbitration and dispute settlement 

3 among ordinary people. 

4 (14) On July 1, 2008, the Office of Inspector 

5 General of the United States Agency for Inter6 national Development (USAID) released a report, 

7 which states ‘‘USAID/Afghanistan’s own assessment 

8 identified three material weaknesses in its system of 

9 management controls, all of which are related to the 

10 country’s difficult security situation: 

11 ‘‘1. Unsuitable working and living condi12 tions. 

13 ‘‘2. Inability to readily travel to project 

14 sites. 

15 ‘‘3. Retention of personnel and delays in 

16 the assignment of personnel.’’. 

17 (15) The USAID mission in Kabul reported 

18 that because of the 3 material weaknesses it identi19 fied— 

20 (A) its ability to achieve objectives was sig21 nificantly impaired; 

22 (B) its ability to obtain, report, and use re23 liable and timely information for decision mak24 ing was impaired; and 


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1 (C) statutory or regulatory requirements 

2 could be violated. 

3 (16) On July 1, 2008, the Office of Inspector 

4 General of the United States Agency for Inter5 national Development released a report stating 

6 ‘‘USAID obligations in Afghanistan for fiscal years 

7 2002 through 2006 totaled nearly $4.4 billion.’’ and 

8 the Office of Inspector General, operating from Ma9 nila, Philippines, expended $1,992,282 in base ap10 propriations and supplemental funding to oversee 

11 USAID’s activities in Afghanistan. 

12 (17) The position and influence of Afghan 

13 women, although improved since the removal of the 

14 Taliban, remains limited and precarious. If Afghan 

15 women are to realize constitutionally guaranteed 

16 legal rights, economic opportunities and legal con17 structs will be essential. 

18 (18) Transparency International’s Corruption 

19 Perception Index places Afghanistan 172nd out of 

20 179 countries in 2007, joining Somalia, Burma, 

21 Iraq, and Sudan at the bottom of the index, much 

22 worse than the situation in 2005, at which time Af23 ghanistan ranked 115th out of 159. 

24 (19) The Bonn Agreement and the process that 

25 brought it about— 


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1 (A) provided legitimacy and initial stability 

2 in Afghanistan between late 2001 and 2006; 

3 and 

4 (B) enabled the drafting of a new constitu5 tion, the first directly elected President in the 

6 history of Afghanistan, and a sitting National 

7 Parliament. 

8 (20) The Bonn Agreement also provided the po9 litical platform through which a series of bench10 marks were set. These benchmarks were met against 

11 a carefully sequenced timeline for a narrow list of in12 stitutional priorities upon which the Afghan Govern13 ment, Afghan citizens, and their international sup14 porters could collaborate. National programs such as 

15 the National Health System, the Afghan National 

16 Army, the National Solidarity Program, the Na17 tional Telecommunications program, and the Na18 tional Transportation System provided a clear 

19 framework for the establishment and coordination of 

20 goals, tasks, benchmarks, and allocation of respon21 sibilities, and were made possible through the Af22 ghanistan Reconstruction Trust Fund. 

23 (21) On February 1, 2006, the Government of 

24 Afghanistan and the international community issued 

25 the Afghanistan Compact, which sets forth both the 


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1 international community’s commitment to Afghani2 stan and Afghanistan’s commitment to state build3 ing and reform. 

4 (22) The Afghanistan Compact, which is sup5 ported by the Afghan National Development Strat6 egy— 

7 (A) provides the core framework for build8 ing an effective, accountable state in Afghani9 stan; 

10 (B) sets goals and standards for improve11 ments in security, governance, and development; 

12 (C) includes measures for reducing the 

13 narcotics economy, promoting regional coopera14 tion, and making aid more effective, particu15 larly at the local and provincial levels; and 

16 (D) established a mechanism to monitor 

17 Afghanistan and the international community’s 

18 adherence to the time lines, goals, and objec19 tives set forth in the document. 

20 (23) In June, 2008, international donors 

21 pledged $20,000,000,000 toward the reconstruction 

22 of Afghanistan, as part of a $50,000,000,000 5-year 

23 development plan, of which the United States 

24 pledged over 50 percent. 


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1 SEC. 3. SENSE OF CONGRESS. 

2 It is the Sense of Congress that— 

3 (1) following the liberation of Afghanistan from 

4 the Taliban in 2001, the Federal Government under5 estimated— 

6 (A) the nature of the challenge in Afghani7 stan; 

8 (B) the time horizon for restoring political 

9 and economic stability in Afghanistan; and 

10 (C) the type of resources required to help 

11 ensure a stable Afghanistan with effective and 

12 accountable state institutions and developing 

13 economic opportunities; 

14 (2) In order to provide appropriate and forth15 right expectations of the long and challenging com16 mitment necessary for success in Afghanistan and 

17 accurately estimate the nature of the resources re18 quired, the international community must con19 centrate efforts on— 

20 (A) a full assessment of natural resources 

21 and a profile of human capital required for the 

22 effective and sustainable functioning of the Af23 ghan state; 

24 (B) a clear accounting of resources avail25 able to achieve an effective and sustainable Af26 ghan government, as well as those expected to 


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1 be required to maintain its effectiveness in the 

2 future; and 

3 (C) the development of human capital and 

4 an investment in quality leaders and managers 

5 through the establishment of upper level train6 ing and education, as well as primary and sec7 ondary, including tertiary and vocational insti8 tutions to ensure they meet regional standards 

9 as well as at least two that meet global stand10 ards; 

11 (3) Afghanistan remains a country of para12 mount importance to our national security and 

13 building Afghanistan into an effective state with po14 litical and economic stability is a goal that the 

15 United States shares with the Government of Af16 ghanistan and its citizens; 

17 (4) the region in which Afghanistan is situated 

18 is of paramount importance to the national security 

19 of the United States and our diplomatic initiatives 

20 and foreign policy in this region must be harmonized 

21 and coherent across the region; 

22 (5) the most important partners in the security, 

23 stability, and development of Afghanistan are the 

24 people of that country, who should remain a prime 


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1 focus of our efforts to build their sustained capacity 

2 to govern; 

3 (6) long-term, consistent, and coordinated inter4 national support and assistance is required in Af5 ghanistan to secure, stabilize, and develop the coun6 try so that it is capable of sustaining good govern7 ance and becoming a responsible and valued partner 

8 in the international community; 

9 (7) setting appropriate expectations in Afghani10 stan and in donor and partner capitals is essential 

11 to effective and responsible foreign assistance policy; 

12 and understanding the necessity for long-term en13 gagement in such situations will prevent short term, 

14 unsustainable outcomes; 

15 (8) Afghanistan and its neighbors have a mu16 tual responsibility to ensure that their territories are 

17 not the source, and their policies are not complicit 

18 in, the destabilization or deprivation of other coun19 tries in the region; 

20 (9) the challenges Afghanistan faces stem more 

21 from weak governance than from a strong enemy 

22 and can be overcome by the unity and resolve of the 

23 Afghan people and the international community; 

24 (10) American academic and policy institutions 

25 and several respected outside organizations have 


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1 conducted significant close and prolonged studies of 

2 the Afghanistan situation, generating reports and 

3 comprehensive reviews of post-conflict reconstruc4 tion, counter-narcotics, economic development, secu5 rity force training, and counter-insurgency efforts 

6 that warrant review and consideration by United 

7 States policy makers to develop a more responsive 

8 United States strategy to address the crisis in Af9 ghanistan; 

10 (11) corruption— 

11 (A) is one of the chief corrosive elements 

12 of misgoverned countries, especially in those 

13 countries confronted with the scourge of nar14 cotics trafficking; and 

15 (B) if left unchecked, leads to failed states; 

16 (12) the Government of Afghanistan is riven 

17 with corruption at every level, especially at the na18 tional level; 

19 (13) Afghanistan has been described by some as 

20 bordering on being a narco-state, influenced by the 

21 traffickers, resources, and abettors of illegal nar22 cotics trafficking; 

23 (14) significant resources and significant meas24 ures must be taken by international donors to men25 tor and enable current and future government offiVerDate Aug 31 2005 05:34 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3531.IS S3531

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1 cials and institutions to eliminate corrupt officials 

2 and practices in order to— 

3 (A) combat corruption; 

4 (B) improve transparency and account5 ability; 

6 (C) increase the participatory nature of 

7 governmental institutions; and 

8 (D) promote other forms of good govern9 ance and management in all levels of govern10 ment in Afghanistan; 

11 (15) anti-corruption is as reliant on an effective 

12 and engaged civil society as on an effective govern13 ment; 

14 (16) United States assistance to Afghanistan 

15 should reflect the intent to fight corruption and the 

16 influence of public officials; 

17 (17) as Afghan line ministries prove capable of 

18 administering services in their area of responsibility, 

19 they should be further empowered and resourced to 

20 capitalize upon such progress and better build incen21 tives toward effective management and oversight; 

22 (18) despite some delays in its broad deploy23 ment, the Afghan National Army (ANA), which is 

24 an essential element in the stability of Afghanistan 

25 in a volatile region, must continue to be properly 


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1 trained and equipped by a rededicated effort from 

2 the international community to achieve effective and 

3 independent operational capability that is sustain4 able; 

5 (19) the security of Afghanistan is closely inter6 twined with those of its regional neighbors; 

7 (20) success in Afghanistan, both economic and 

8 political, will be dependent on stability in the region; 

9 (21) chronic food insecurity is— 

10 (A) a burden on Afghanistan and its 

11 neighbors; 

12 (B) threatens life and stability in the coun13 try; and 

14 (C) diminishes the impact of other assist15 ance efforts; 

16 (22) the commitment of the international com17 munity to provide significant resources over the 

18 long-term will help establish a foundation for gov19 ernance and commerce and ultimately food security 

20 for tens of millions of people in the region; 

21 (23) a comprehensive approach to food security 

22 should encompass improvements in nutrition, edu23 cation, agricultural infrastructure and productivity, 

24 finance and markets, safety net programs, household 

25 incomes, and emergency preparedness; 


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1 (24) essential opportunities for achieving food 

2 security in Afghanistan include— 

3 (A) ensuring that any emergency response 

4 is linked to, or helps to, establish the means 

5 and organization for sustainable food security 

6 in the country, such as through the National 

7 Solidarity Program; 

8 (B) using community development councils 

9 as a governance mechanism for— 

10 (i) serving their communities in dif11 ficult decisions regarding development pri12 orities, including water, energy, education, 

13 and agriculture; and 

14 (ii) substituting legitimate crops for 

15 poppies; and 

16 (C) creating a consortium of United States 

17 land grant colleges and other agricultural 

18 schools— 

19 (i) to strengthen Afghan institutions 

20 and share knowledge to build the agricul21 tural sector, which consists of over 80 per22 cent of the Afghan economy; and 

23 (ii) to use as an instrument for re24 warding provinces that have dropped 


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1 opium cultivation and creating incentives 

2 for dropping opium in others; 

3 (25) the Overseas Private Investment Corpora4 tion should, in accordance with its mandate to foster 

5 private investment and enhance the ability of private 

6 enterprise to make its full contribution to inter7 national development, exercise its authorities under 

8 title IV of chapter 2 of part I of the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2191 et seq.) to fur10 ther increase efforts to promote and support United 

11 States-sponsored private investment, including in the 

12 energy sector, in Afghanistan; 

13 (26) it is essential that United States policy be 

14 harmonized and complementary across the region; 

15 and 

16 (27) the magnitude of the resources devoted 

17 and significance of our national interest in the effec18 tive and accountable stabilization and reconstruction 

19 effort in Afghanistan, including additional regional 

20 efforts to build economic capacity such as that in the 

21 Pakistan, requires a robust regional office presence 

22 for the Inspector General of the United States Agen23 cy for International Development and the Inspector 

24 General of the Department of State. 


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1 SEC. 4. DECLARATION OF POLICY. 

2 It shall be the policy of the United States— 

3 (1) to render appropriate, long-term assistance 

4 to Afghanistan in a consistent and coordinated fash5 ion with willing and responsible partners in the 

6 international community; 

7 (2) to ensure that our foreign policy in this re8 gion is responsive to and in partnership with the 

9 people of Afghanistan; 

10 (3) to harmonize its assistance efforts in Af11 ghanistan and neighboring countries across— 

12 (A) all associated Federal agencies; and 

13 (B) to the maximum extent possible, with 

14 congruent international partner assistance ef15 forts; 

16 (4) to regularly, comprehensively, and openly 

17 review stabilization, reconstruction and development 

18 efforts in Afghanistan to ensure flexibility and the 

19 most effective utilization of resources toward spe20 cific, tangible outcomes, including a review of the ef21 fectiveness of the Afghanistan Reconstruction Trust 

22 Fund and associated programs and mechanisms, in 

23 order to determine the relative benefit and effective24 ness of such funding vehicle, and its programs and 

25 mechanisms, in comparison to other reconstruction 

26 and stabilization efforts; and 


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1 (5) to identify and utilize, to the greatest extent 

2 possible, the most effective funding mechanism 

3 that— 

4 (A) satisfies accountability and trans5 parency requirements; and 

6 (B) has proven capable and sufficient to 

7 support the implementation of national pro8 grams by the government and people of Afghan9 istan for the benefit of Afghans. 

10 SEC. 5. DEFINITIONS. 

11 (a) IN GENERAL.—In this Act, except as otherwise 

12 provided, the term ‘‘congressional committees’’ means the 

13 Committee on Foreign Relations of the Senate and the 

14 Committee on Foreign Affairs of the House of Representa15 tives. 

16 (b) AMENDMENT.—Section 1(c) of the Afghanistan 

17 Freedom Support Act of 2002 (22 U.S.C. 7501) is amend18 ed to read as follows: 

19 ‘‘(c) DEFINITIONS.—In this Act: 

20 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—Except as otherwise provided, the term ‘ap22 propriate congressional committees’ means— 

23 ‘‘(A) the Committee on Foreign Relations 

24 of the Senate; 


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1 ‘‘(B) the Committee on Appropriations of 

2 the Senate; 

3 ‘‘(C) the Committee on Foreign Affairs of 

4 the House of Representatives; and 

5 ‘‘(D) the Committee on Appropriations of 

6 the House of Representatives. 

7 ‘‘(2) GOVERNMENT OF AFGHANISTAN.—The 

8 term ‘Government of Afghanistan’ includes— 

9 ‘‘(A) the government of any political sub10 division of Afghanistan; and 

11 ‘‘(B) any agency or instrumentality of the 

12 Government of Afghanistan. 

13 ‘‘(3) INTERNATIONAL SECURITY ASSISTANCE

14 FORCE; ISAF.—The terms ‘International Security 

15 Assistance Force’ and ‘ISAF’ means the inter16 national security assistance force established to as17 sist in the maintenance of security in Afghanistan 

18 pursuant to United Nations Security Council Resolu19 tion 1386 (2001), as amended by United Nations 

20 Security Council Resolutions 1413 (2002), 1444 

21 (2002), 1510 (2003), 1563 (2004), 1623 (2005), 

22 and 1707 (2006).’’. 

23 SEC. 6. PURPOSES OF ASSISTANCE. 

24 The purposes of United States assistance authorized 

25 by this Act are— 


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1 (1) to help assure the security of the United 

2 States and the world by— 

3 (A) reducing or eliminating the likelihood 

4 of violence against the United States and part5 ners in Afghanistan; and 

6 (B) reducing the chance that Afghanistan 

7 will become a source of international terrorism; 

8 (2) to signal our Nation’s long-term commit9 ment to Afghanistan and its people, the region, and 

10 partners in the international community; 

11 (3) to provide United States civilian agencies 

12 with the appropriate resources to effectively plan, 

13 implement, and monitor assistance programs in an 

14 exceptionally challenging environment, including— 

15 (A) expanding the presence of United 

16 States diplomatic personnel in key provincial 

17 capitals and at locations at which Provincial 

18 Reconstruction Teams are to be sustained; 

19 (B) integrating a more substantial, long20 term presence of experienced development ex21 perts; and 

22 (C) establishing a robust regional office in 

23 the South Asia subregion for the Inspector 

24 General of the United States Agency for Inter25 national Development; 


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1 (4) to help Afghans realize a stable and secure 

2 country with effective, accountable state institutions 

3 that effectively administer the basic needs of the Af4 ghan people for services, safety, the rule of law, and 

5 increased economic opportunity, by focusing United 

6 States efforts on— 

7 (A) establishing viable Afghan security in8 stitutions; 

9 (B) building Afghan governance and rule 

10 of law capacity, especially at the sub-national 

11 level; 

12 (C) enabling a vibrant economic and social 

13 environment through reconstruction of critical 

14 infrastructure and focused development; 

15 (D) investing in the capabilities of the 

16 growing young generation of Afghans; 

17 (E) promoting an accountable and trans18 parent public finance system for all Afghan rev19 enues and expenditures; 

20 (F) combating insurgency as an ongoing, 

21 regionally-fueled, threat; and 

22 (G) incorporating counter-narcotics as in23 tegral to this mission; and 


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1 (5) to realize, as milestones to Afghanistan’s 

2 progress, combined with sustained political will on 

3 the part of our Afghan and international partners— 

4 (A) Afghan National Security Forces that 

5 plan and execute operations against Taliban 

6 and other insurgents, with United States, 

7 NATO, and other partner nations’ forces in 

8 support and ensure that Afghan citizens are 

9 protected from criminal elements; 

10 (B) state-sponsored justice institutions in 

11 every province and in key districts that provide 

12 the majority of Afghans with access to formal 

13 justice; 

14 (C) governors in every province dedicated 

15 to and held accountable for delivery of services 

16 to the district level; 

17 (D) a strengthened, private sector friendly, 

18 legal and commercial framework and basic in19 frastructure for private sector development in 

20 every province, including roads for commerce; 

21 (E) reduced rates of poppy cultivation and 

22 trafficking based on parallel strides made in im23 proving security, enhancing local-governing ca24 pacity and justice institutions, and promoting 


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1 economic development nationwide as the secu2 rity environment dictates; 

3 (F) the timely completion of the 2009 and 

4 2010 scheduled presidential and parliamentary 

5 elections with an improved level of competence, 

6 legitimacy, and effectiveness in the administra7 tion of government for the Afghan people; 

8 (G) a multi-year human development plan 

9 for Afghan capabilities that involves the leaders, 

10 managers, and other professionals necessary for 

11 ensuring a functioning state, modern economy, 

12 and a vibrant civil society; and 

13 (H) a public finance system that is capable 

14 of— 

15 (i) conducting a full, system-wide as16 sessment of potential sources of revenue in 

17 the country, including customs, which can 

18 establish a basis for payment of essential 

19 services; 

20 (ii) conducting an assessment of rev21 enue sources that are lost due to misappro22 priation, corruption, and mismanagement; 

23 (iii) developing a plan for closing the 

24 gaps between potential revenue and actual 

25 revenue collected; and 


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1 (iv) maintaining the resources nec2 essary for essential services, including the 

3 sustainability of the security sector institu4 tions essential to regional stability and se5 curity within Afghanistan. 

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—There are authorized to be appro8 priated to the President up to $3,000,000,000 for each 

9 of the fiscal years 2009 through 2013 to provide assist10 ance to Afghanistan under the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2151 et seq.). 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that up to $3,000,000,000 should be authorized to 

14 be appropriated for each of the fiscal years 2014 through 

15 2018 to provide assistance to Afghanistan under the For16 eign Assistance Act of 1961. 

17 SEC. 8. MONITORING AND EVALUATION OF ASSISTANCE. 

18 (a) IN GENERAL.—The President shall establish and 

19 implement a system to monitor and evaluate the effective20 ness and efficiency of assistance provided under this Act 

21 on a program-by-program basis in order to maximize the 

22 long-term sustainable development impact of such assist23 ance. 

24 (b) REQUIREMENTS.—In carrying out subsection (a), 

25 the President shall— 


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1 (1) establish performance goals for assistance 

2 authorized under this Act and expresses such goals 

3 in an objective and quantifiable form, to the extent 

4 practicable; 

5 (2) establish indicators to be used in measuring 

6 or assessing the achievement of the goals described 

7 in paragraph (1); and 

8 (3) provide a basis for recommendations for ad9 justments to assistance authorized under this Act to 

10 enhance the impact of such assistance. 

11 (c) ASSISTANCE TO ENHANCE THE CAPACITY OF AF12 GHANISTAN.—In carrying out subsection (a), the Presi13 dent shall provide assistance to enhance the capacity of 

14 the Government of Afghanistan to monitor and evaluate 

15 programs carried out by the national, provincial, and local 

16 governments in Afghanistan in order to maximize the 

17 long-term development impact of such programs. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $5,000,000 for each of 

20 the fiscal years 2009 through 2013 to carry out this sec21 tion. 

22 SEC. 9. PROGRAM OVERSIGHT AUTHORIZATION. 

23 (a) SENSE OF CONGRESS.—It is the Sense of Con24 gress that— 


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1 (1) the establishment of the Office of the Spe2 cial Inspector General for Afghanistan is a positive, 

3 although insufficient, development in— 

4 (A) the oversight and monitoring of United 

5 States efforts in Afghanistan to meet the exten6 sive needs of the critical and expensive sta7 bilization and reconstruction operation; and 

8 (B) recognizing the necessity to establish 

9 permanent capacity within the Inspector Gen10 eral offices of the Department of State and the 

11 United States Agency for International Devel12 opment; and 

13 (2) efforts by United States Inspectors General 

14 in Afghanistan should seek ways to increase the ca15 pacity of the Government of Afghanistan to build 

16 Afghan oversight and anti-corruption institutions. 

17 (b) ASSISTANCE AUTHORIZED.— 

18 (1) IN GENERAL.—The Office of the Inspector 

19 General of the Department of State and the Office 

20 of the Inspector General of the United States Agen21 cy for International Development in Afghanistan 

22 shall audit, investigate, and oversee the programs 

23 authorized under this Act. 


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1 (2) OFFICE OF TECHNICAL ASSISTANCE.—The 

2 Office of Technical Assistance of the Department of 

3 the Treasury shall— 

4 (A) conduct annual assessments of Af5 ghanistan’s public finance system, broken down 

6 by line ministry and by province; 

7 (B) submit a report to Congress that de8 scribes the results of each assessment con9 ducted under subparagraph (A); and 

10 (C) make copies of the report submitted 

11 under subparagraph (B) available to the Gov12 ernment of Afghanistan and the Afghan people. 

13 (c) REQUIREMENT FOR IN-COUNTRY PRESENCE.— 

14 The Office of the Inspector General of the Department 

15 of State and the Office of the Inspector General of the 

16 United States Agency for International Development, 

17 after consultation with the Secretary of State and the Ad18 ministrator for the United States Agency for International 

19 Development, shall permanently deploy not fewer than 2 

20 staff from each such Office in Afghanistan to carry out 

21 this section. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) AVAILABILITY OF FUNDS.—Of the amounts 

24 authorized to be appropriated under section 7 for 

25 each of the fiscal years 2009 through 2013— 


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1 (A) not less than $3,000,000 shall be made 

2 available to the Office of the Inspector General 

3 of the Department of State to carry out this 

4 section; and 

5 (B) not less than $5,000,000 shall be 

6 made available to the Office of the Inspector 

7 General of the United States Agency for Inter8 national Development to carry out this section. 

9 (2) RELATION TO OTHER AVAILABLE FUNDS.— 

10 Amounts made available under paragraph (1) are in 

11 addition to amounts otherwise available for such 

12 purposes. 

13 SEC. 10. COORDINATION OF ASSISTANCE. 

14 (a) CONGRESSIONAL FINDING.—Congress finds that 

15 the individual responsible for coordinating assistance for 

16 Afghanistan, as of the date of the enactment of this Act, 

17 has been constrained in achieving the objectives of an inte18 grated approach to United States assistance programs for 

19 Afghanistan. 

20 (b) APPOINTMENT OF COORDINATOR.—Not later 

21 than 120 days after the date of the enactment of this Act, 

22 the President, by and with the advice and consent of the 

23 Senate, shall appoint a coordinator. who— 

24 (1) shall report directly to the President; 


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1 (2) shall have the rank and status of Ambas2 sador; and 

3 (3) may not hold any other position within the 

4 United States Government. 

5 (c) DUTIES OF COORDINATOR.—The coordinator ap6 pointed pursuant to subsection (b) shall— 

7 (1) design an overall non-military strategy, in 

8 coordination with the heads of relevant Federal de9 partments and agencies, including regional United 

10 States Ambassadors, to advance United States inter11 ests in Afghanistan, including policy coordination re12 lating to— 

13 (A) security and stability within Afghani14 stan; 

15 (B) political and economic reconstruction 

16 and development; 

17 (C) counter-narcotics; and 

18 (D) activities to equip and train the Af19 ghan National Security Forces; 

20 (2) ensure policy coordination among relevant 

21 Federal departments and agencies, including the De22 partment of Defense, in carrying out the strategy 

23 described in paragraph (1); 

24 (3) coordinate with other countries and inter25 national organizations with respect to assistance for 


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1 Afghanistan, especially in areas in which ground co2 ordination and collaboration is essential, such as ac3 tivities to— 

4 (A) equip and train the Afghan National 

5 Security Forces; 

6 (B) build the capacity of the Government 

7 of Afghanistan at the local, district, province, 

8 and national levels, with increased emphasis on 

9 the subnational level; and 

10 (C) undertake phased reconstruction and 

11 development activities, especially activities asso12 ciated with sustainable counter-narcotics oper13 ations and programs; 

14 (4) coordinate the implementation of assistance 

15 programs for Afghanistan described in paragraph 

16 (1) and oversight with relevant Federal departments 

17 and agencies; 

18 (5) ensure expeditious resolution of policy dis19 putes with respect to United States assistance for 

20 Afghanistan described in paragraph (1) among rel21 evant Federal departments and agencies; 

22 (6) ensure coordination among the United 

23 States, the Government of Afghanistan, NATO– 

24 ISAF, the United Nations, and other international 

25 partners that are supporting counter-terrorism, 


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1 counter-insurgency, and counter-narcotics efforts; 

2 and 

3 (7) carry out a review of major security and de4 velopment contracts in order to— 

5 (A) evaluate the degree of effectiveness rel6 ative to the perceived value of such contracts; 

7 and 

8 (B) provide recommendations to enhance 

9 local capacity and participation of Afghan orga10 nizations at the highest levels of reconstruction 

11 and development. 

12 (d) DEPUTY COORDINATORS.—The coordinator may 

13 appoint up to 4 deputy coordinators to assist the coordi14 nator with the duties of the coordinator described in sub15 section (c), including duties relating to counter-narcotics, 

16 reconstruction and development, and equipping and train17 ing Afghan National Security Forces. A deputy coordi18 nator may not hold any other position within the United 

19 States Government. 

20 SEC. 11. HUMANITARIAN ASSISTANCE FOR WAR VICTIMS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the President should continue and expand 

24 programs of assistance to innocent Afghan individ25 uals, families, and communities that suffered losses 


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1 as a result of military operations conducted by 

2 United States and NATO/ISAF forces; and 

3 (2) the programs described in paragraph (1) 

4 help innocent civilians rebuild their lives and build 

5 goodwill for the United States and our allies. 

6 (b) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the President shall submit 

8 a report to the appropriate congressional committees on 

9 the feasibility of expanding assistance programs described 

10 in subsection (a) to include— 

11 (1) the provision of additional assistance to 

12 families of Afghan civilians who— 

13 (A) were injured or killed during such op14 erations; and 

15 (B) were the primary source of income for 

16 their families; 

17 (2) the provision of assistance in excess of 

18 $2,500 to families of Afghan civilians described in 

19 subsection (a); and 

20 (3) the provision of other assistance that might 

21 be required as a result of ongoing military oper22 ations in Afghanistan. 

23 SEC. 12. SENSE OF CONGRESS CONCERNING UNITED NA24 TIONS MANDATE IN AFGHANISTAN. 

25 It is the sense of Congress that— 


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1 (1) the United Nations Assistance Mission in 

2 Afghanistan (referred to in this section as the 

3 ‘‘UNAMA’’) plays a vital role in coordinating inter4 national assistance efforts and should strengthen 

5 that role; 

6 (2) the UNAMA ensures that the emergency as7 sistance it coordinates is expended as part of the ef8 fort to build national capacity in sustainable institu9 tions and practices, including emergency food assist10 ance; 

11 (3) the upcoming parliamentary and presi12 dential elections in Afghanistan are the most critical 

13 proximate event for which the UNAMA should 

14 prioritize its efforts in order to help solidify the po15 litical transformation begun during the Constitu16 tional Loya Jirga in 2003 and further enshrined in 

17 national elections in 2004 and 2005, and should do 

18 so by— 

19 (A) providing a thorough review of lessons 

20 learned from the Afghan elections of 2004 and 

21 2005; 

22 (B) preparing a detailed plan of how the 

23 UNAMA intends to support free and fair elec24 tions in 2009 and 2010 in time to effectively 

25 implement such plan; 


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1 (C) including the consideration of a mod2 ern, fraud-resistant information management 

3 system to prevent multiple voting; and 

4 (D) building the capacity and consistency 

5 of the Afghan Electoral Commission and ena6 bling the Commission to enforce stricter compli7 ance with the guidelines for participation by 

8 candidates in the elections to ensure appro9 priate vetting to strengthen Afghan voter con10 fidence in their electoral system; and 

11 (4) the United Nations Security Council should 

12 expand the United Nations mandate in Afghanistan 

13 by— 

14 (A) authorizing international civilian law 

15 enforcement missions in Afghanistan as a part 

16 of peace operations of the United Nations in 

17 Afghanistan and as a partner in the consolida18 tion of the international response to the chal19 lenge of building effective police forces; 

20 (B) authorizing the International Security 

21 Assistance Force to participate in counter-drug 

22 interdiction operations, to the extent appro23 priate, practicable, and consistent with ongoing 

24 operational activities and international law, 

25 against major narcotic traffickers, their operVerDate Aug 31 2005 05:34 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3531.IS S3531

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1 ations, and their infrastructure in Afghanistan, 

2 with the concurrence of the Government of Af3 ghanistan; and 

4 (C) amending and extending the authoriza5 tion of the International Security Assistance 

6 Force beyond October 2008. 

7 SEC. 13. SPECIAL ENVOY FOR REGIONAL COOPERATION IN 

8 SOUTH AND CENTRAL ASIA. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) it is in the national interest of the United 

12 States that— 

13 (A) the countries of South and Central 

14 Asia work together to address common chal15 lenges hampering the stability, security, and de16 velopment of their region; and 

17 (B) appropriate resources and diplomatic 

18 personnel are available to enhance, where pos19 sible, such cooperation; and 

20 (2) the strategic importance of South and Cen21 tral Asia, and the particular challenges and threats 

22 represented by political instability, terrorism, 

23 insurgencies, and nuclear proliferation, warrant fur24 ther resources and diplomatic capacity to facilitate 


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1 the efforts by United States Ambassadors in the re2 gion. 

3 (b) APPOINTMENT.—The President øshall¿ appoint, 

4 with the advice and consent of the Senate, a special envoy, 

5 who shall— 

6 (1) report through the Assistant Secretary, Bu7 reau of South and Central Asian Affairs; 

8 (2) have the rank of Ambassador; and 

9 (3) shall harmonize United States efforts to en10 hance cooperation between the countries of South 

11 and Central Asia. 

12 (c) DUTIES.—The special envoy appointed pursuant 

13 to subsection (b) shall— 

14 (1) coordinate United States policy on issues 

15 relating to strengthening and facilitating relations 

16 between the nations of South and Central Asia for 

17 the benefit of stability and economic growth in the 

18 region; 

19 (2) advise the President and the Secretary of 

20 State, as appropriate; and 

21 (3) in coordination with the Assistant Secretary 

22 of State, Bureau of South and Central Asian Af23 fairs, make recommendations regarding effective 

24 strategies and tactics to achieve United States policy 

25 objectives to— 


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1 (A) stem cross-border terror activities; 

2 (B) provide guidance and assistance to ref3 ugees to ensure orderly and voluntary repatri4 ation from neighboring states; 

5 (C) bolster people-to-people ties and eco6 nomic cooperation between the nations of South 

7 and Central Asia, including bilateral trade rela8 tions; 

9 (D) explore opportunities to anticipate and 

10 seek solutions to critical cross-border issues, 

11 such as transport, energy, food security, and 

12 water; and 

13 (E) offer comprehensive review and advice 

14 to support effective counter-narcotics strategies 

15 across the region, including effective regional 

16 food security assistance. 

17 SEC. 14. REAUTHORIZATION OF RADIO FREE AFGHANI18 STAN. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) Since January 30, 2002, RFE/RL, Incor22 porated (formerly known as Radio Free Europe/ 

23 Radio Liberty) has provided 12 hours of daily surro24 gate broadcasting services through Radio Free AfVerDate Aug 31 2005 05:34 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3531.IS S3531

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1 ghanistan in Dari and Pashto languages to the peo2 ple of Afghanistan. 

3 (2) Radio Free Afghanistan is the leading 

4 broadcaster in Afghanistan with an audience of 

5 nearly 60 percent of the adult population. 

6 (3) It is in the national interest to continue 

7 Radio Free Afghanistan’s surrogate broadcasts to 

8 Afghanistan in order to provide accurate news and 

9 information, help give voice to ordinary Afghans, 

10 and provide programs on the fundamentals of de11 mocracy. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—For each 

13 of the fiscal years 2009 through 2013, there are author14 ized to be appropriated to the Broadcasting Board of Gov15 ernors such sums as may be necessary for grants to sup16 port 12 hours of daily surrogate broadcasting services 

17 through Radio Free Afghanistan in Dari and Pashto lan18 guages to the people of Afghanistan. 

19 SEC. 15. REPORTS REQUIRED. 

20 (a) REPORT ON PROGRESS TOWARD SECURITY, STA21 BILITY, AND DEVELOPMENT IN AFGHANISTAN.—Not later 

22 than July 1, 2009, and annually thereafter through July 

23 1, 2018, the President shall submit a report to the appro24 priate congressional committees that— 


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1 (1) sets forth a comprehensive set of perform2 ance indicators and measures of progress in order to 

3 establish a baseline upon which to plan and build to4 ward sustainable security, stability, and development 

5 in Afghanistan and the surrounding region; 

6 (2) describes the progress achieved based upon 

7 such measures of performance in the previous 3 

8 years; and 

9 (3) sets goals for such measures of performance 

10 over the subsequent 3 years. 

11 (b) COMPREHENSIVE STRATEGY FOR SUSTAINABLE

12 SECURITY, STABILITY, AND DEVELOPMENT IN AFGHANI13 STAN.—Not later than October 1, 2009, and annually 

14 thereafter until October 1, 2018, the President shall sub15 mit a report to the appropriate congressional committees 

16 that sets forth a comprehensive interagency strategy for 

17 achieving sustainable security, stability, and development 

18 in Afghanistan and the surrounding region. 

19 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE20 PORT.—Not later than 270 days after the submission of 

21 each report required under subsection (a), the Comptroller 

22 General of the United States shall submit a report to the 

23 appropriate congressional committees that contains— 


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1 (1) a review of, and comments addressing, the 

2 most recent report submitted under subsection (a); 

3 and 

4 (2) recommendations relating to any additional 

5 actions the Comptroller General determines to be 

6 necessary to improve on United States efficiency and 

7 effectiveness in meeting the goals set forth in the 

8 most recent report submitted under subsection (a). 

Æ 


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