I 

108TH CONGRESS 

2D SESSION H. R. 4117 

To provide assistance and security for women and children in Afghanistan, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2004 

Mrs. MALONEY (for herself, Mr. TOM DAVIS of Virginia, Ms. CORRINE

BROWN of Florida, Ms. MILLENDER-MCDONALD, Mr. FROST, Mr. 

MCNULTY, Ms. DELAURO, Mr. WYNN, Ms. LOFGREN, and Mr. WEXLER) 

introduced the following bill; which was referred to the Committee on 

International Relations 

A BILL 

To provide assistance and security for women and children 

in 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 Women Secu5 rity and Freedom Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Taliban regime denied women in Af9 ghanistan the most basic human rights, including 
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1 the rights to work, to an education, to health care, 

2 and to move freely. 

3 (2) The Taliban regime subjected any women 

4 who attempted to exercise her human rights to beat5 ings and imprisonment and women in Afghanistan 

6 who lived under the Taliban regime suffer from 

7 long-term consequences of such oppression. 

8 (3) According to the Afghan Ministry of Wom9 en’s Affairs, as a result of 23 years of war and the 

10 restrictions imposed by the Taliban after the war 

11 ended, most women in Afghanistan do not have ade12 quate food, access to health care, or opportunities 

13 for education, employment, or economic livelihood, 

14 and such women have experienced violence to them15 selves or their families. 

16 (4) Women in Afghanistan have one of the 

17 highest mortality rates in the world, with an esti18 mated 16,000 maternal deaths annually. 

19 (5) The strengthening of institutions and non20 governmental organizations that are led by women in 

21 Afghanistan is essential to building civil society and 

22 holding the Government of Afghanistan accountable 

23 for protecting women’s rights and human rights. 

24 (6) It is necessary for significant numbers of 

25 women to hold positions within the Government of 
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1 Afghanistan, including in the cabinet, the Loya 

2 Jirga, government commissions, and other key posts, 

3 and to hold official positions within United Nations 

4 agencies working in Afghanistan to foster democracy 

5 and protect the rights of women in Afghanistan. 

6 (7) Despite the collapse of the Taliban regime 

7 in Afghanistan in 2001, warlords and the Taliban 

8 are reorganizing and reemerging in Afghanistan, im9 periling the stability of the central government, the 

10 security of the people, and the exercise of human 

11 rights by women. 

12 (8) The United Nations Secretary-General’s 

13 Special Representative to Afghanistan said that the 

14 deteriorating security situation in Afghanistan may 

15 force a delay in elections in Afghanistan and that 

16 expansion of international peacekeeping forces is 

17 necessary to make fair, democratic voter registration 

18 and elections possible. 

19 (9) In January 2004, the Government of Af20 ghanistan adopted a new constitution that includes 

21 basic rights for women, but enforcement of the pro22 visions of the constitution will be difficult unless se23 curity in Afghanistan is dramatically improved. 

24 (10) Despite the fact that violations of human 

25 rights and women’s rights continue with impunity in 
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1 Afghanistan, Provincial Reconstruction Teams com2 posed of United States military forces, Department 

3 of Defense civil affairs officers, representatives of 

4 United States agencies and allied personnel do not 

5 have the authority needed to intervene to stop such 

6 violations. 

7 SEC. 3. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 

9 (1) the protection of the rights of women, the 

10 reestablishment of democracy, and the elimination of 

11 terrorism are essential to the reconstruction of a sta12 ble Afghanistan and to achieve such a reconstruction 

13 the international community should commit substan14 tial resources, including the expansion of inter15 national peacekeeping forces inside and outside of 

16 the city of Kabul; 

17 (2) the United States should provide strong 

18 support for the Afghan Ministry of Women’s Affairs 

19 and the Afghan Independent Human Rights Com20 mission, both of which were created by the Bonn 

21 Agreement to remedy past violations of women’s 

22 rights and human rights and to establish institutions 

23 and programs to advance such rights; 

24 (3) the mandate of international peacekeeping 

25 forces and Provincial Reconstruction Teams com-
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1 posed of United States military forces, Department 

2 of Defense civil affairs officers, representatives of 

3 United States agencies and allied personnel should 

4 be authorized to intervene to stop violations of 

5 human rights and women’s rights; 

6 (4) United States foreign policy should ensure 

7 that the rights of women and girls are restored in 

8 Afghanistan, assist in the recovery of women and 

9 girls from the repression of the Taliban and 23 

10 years of war, and strengthen Afghan institutions 

11 that are led by women; and 

12 (5) grants and assistance provided to Afghani13 stan should be conditioned upon the Government of 

14 Afghanistan adhering to international standards for 

15 women’s rights and human rights. 

16 SEC. 4. AUTHORIZATION FOR ASSISTANCE. 

17 (a) AUTHORITY.—The President is authorized to pro18 vide assistance for women and children in Afghanistan. 

19 (b) PROVISION OF ASSISTANCE.—Assistance under 

20 this section may be provided directly to the Afghan Min21 istry of Women’s Affairs, other Afghan Government min22 istries, the Afghan Independent Human Rights Commis23 sion, local and international nonprofit organizations, and 

24 United Nations agencies. 
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1 (c) CATEGORIES OF ASSISTANCE.—The assistance 

2 under this section may be provided as grants, technical 

3 assistance, training, or in any other form that the Presi4 dent determines is appropriate. 

5 (d) PURPOSES.—Assistance under this section may 

6 be used for the following purposes: 

7 (1) POLITICAL AND HUMAN RIGHTS.—Assist8 ance under this section is authorized to be used to 

9 promote women’s rights and human rights in Af10 ghanistan, including women’s political participation 

11 and legal rights, including for the following pur12 poses: 

13 (A) To provide assistance to the Afghan 

14 Ministry of Women’s Affairs, other ministries of 

15 the Government of Afghanistan, and the Af16 ghan Independent Human Rights Commission 

17 for programs to advance the status of women. 

18 (B) To disseminate information through19 out Afghanistan on the rights of women and on 

20 international standards for human rights. 

21 (C) To provide information and assistance 

22 to enable women to exercise property, inherit23 ance, and voting rights, and to participate in 

24 relief programs. 
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1 (D) To provide, monitor, and investigate 

2 violations of women’s rights and to provide 

3 legal assistance to women who have suffered 

4 violations of their rights. 

5 (E) To provide training related to women’s 

6 rights and human rights to military, police, and 

7 legal personnel. 

8 (F) To build the infrastructure of the Af9 ghan Independent Human Rights Commission 

10 through the construction of provincial and dis11 trict offices. 

12 (G) To enforce the provisions of the Af13 ghan constitution that ensure equal rights for 

14 women. 

15 (H) To operate programs to encourage and 

16 facilitate the registration of women voters. 

17 (2) HEALTH CARE.—Assistance under this sec18 tion is authorized to be used to provide health care 

19 for the people of Afghanistan, including for the fol20 lowing purposes: 

21 (A) To provide equipment, medical sup22 plies, and other assistance to health care facili23 ties for the purpose of reducing maternal and 

24 infant mortality and morbidity. 
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1 (B) To train nurses, midwives, and tradi2 tional birth attendants for the purposes of im3 proving staffing at clinics and hospitals, and ex4 panding networks of community health edu5 cators. 

6 (C) To promote awareness about the 

7 health and nutrition of women, and programs 

8 related to hygiene, sanitation, and immuniza9 tion. 

10 (D) To develop, establish, and expand pro11 grams to provide services to women and girls 

12 suffering from post-traumatic stress, depres13 sion, and mental illness. 

14 (E) To provide mobile health units that in15 clude reproductive health programs and that 

16 are accessible to women and girls who have 

17 been disabled due to landmines or war-related 

18 injuries, including such women and girls who 

19 are in wheelchairs. 

20 (3) EDUCATION AND TRAINING.—Assistance 

21 under this section is authorized to be used to provide 

22 education and training to the people of Afghanistan, 

23 including for the following purposes: 

24 (A) To establish, maintain, and expand 

25 primary and secondary schools for girls that in-
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1 clude mathematics, science, and languages in 

2 their primary curriculum. 

3 (B) To develop and expand technical and 

4 vocational training programs for women to en5 able women who participate in such programs 

6 to provide support for themselves and their 

7 families. 

8 (C) To develop, maintain, and expand lit9 eracy programs, including economic literacy 

10 programs that promote the well-being of women 

11 and their families. 

12 (D) To provide special educational oppor13 tunities for girls whose schooling was ended by 

14 the Taliban and who now face obstacles to par15 ticipating in the normal education system, such 

16 as girls who are now married and girls who are 

17 older than the normal age for their classes. 

18 (4) SECURITY, PROTECTION, AND SHELTER.— 

19 Assistance under this section is authorized to be 

20 used to provide security, protection, and shelter for 

21 the people of Afghanistan, including for the fol22 lowing purposes: 

23 (A) To develop and implement programs to 

24 protect women and girls against sexual and 

25 physical abuse, abduction, trafficking, exploi-
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1 tation, and sex discrimination in the delivery of 

2 humanitarian supplies and services. 

3 (B) To direct humanitarian assistance to 

4 the large population of widows and their chil5 dren who are in need in war-torn Afghanistan. 

6 (C) To provide emergency shelters, food, 

7 sanitation, health care, and other relief services 

8 to internally displaced women and their fami9 lies. 

10 (D) To support the return of refugees and 

11 internally displaced persons, the majority of 

12 whom are women and children, to their home 

13 areas. 

14 (E) To provide security measures, such as 

15 building improvements and staffing, for the 

16 purpose of preventing violent attacks to schools 

17 that educate girls and to repair or replace 

18 equipment and facilities of a school that is sub19 ject to such an attack. 

20 (F) To improve security for women in the 

21 Loya Jirga and for women who exercise their 

22 right to register to vote and to participate in 

23 elections. 

24 (G) To provide security for women’s cen25 ters for the purpose of enabling women to par-
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1 ticipate in meetings, discussions, and programs 

2 regarding the constitution, elections, and wom3 en’s rights. 

4 SEC. 5. SENSE OF CONGRESS ON THE PROVISIONS OF AS5 SISTANCE. 

6 It is the sense of Congress that, in providing assist7 ance under this Act, the President should— 

8 (1) condition the provision such assistance on 

9 the recipient adhering to international standards for 

10 women’s rights and human rights; 

11 (2) place a high priority on the provision of 

12 such assistance to the Afghan Ministry of Women’s 

13 Affairs, the Afghan Independent Human Rights 

14 Commission, and other agencies of the Government 

15 of Afghanistan that are able to implement programs 

16 to improve the lives and advance the rights of 

17 women; 

18 (3) place a high priority on the provision of 

19 such assistance that will be used to provide to train20 ing and capacity-building programs in Afghanistan; 

21 (4) ensure that such assistance is distributed 

22 throughout different regions of Afghanistan on the 

23 basis of need; 

24 (5) place a high priority on the provision of 

25 such assistance to non-governmental organizations 
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1 in Afghanistan that have demonstrated experience in 

2 delivering services to Afghan women and children 

3 and that are— 

4 (A) led by women; or 

5 (B) located in Afghanistan; and 

6 (6) ensure that of the assistance made available 

7 under this Act in each fiscal year not less than 25 

8 percent of such assistance is provided to non-govern9 mental organizations that are— 

10 (A) led by women; and 

11 (B) located in Afghanistan. 

12 SEC. 6. REPORTING REQUIREMENT. 

13 (a) REQUIREMENT FOR REPORT.—Not less than once 

14 every 6 months, the Secretary of State and the Adminis15 trator of the United States Agency for International De16 velopment shall submit a report to the appropriate con17 gressional committees on the activities carried out under 

18 this Act. Such report shall include the amount of assist19 ance provided under this Act to— 

20 (1) the Afghan Ministry of Women’s Affairs; 

21 (2) other ministries of the Government of Af22 ghanistan; 

23 (3) the Afghan Independent Human Rights 

24 Commission; 

25 (4) Afghan nonprofit organizations; 
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1 (5) international nonprofit organizations; and 

2 (6) United Nations agencies. 

3 (b) INITIAL REPORT.—The initial report required 

4 under subsection (a) shall be submitted not later than 60 

5 days after the date of enactment of this Act. 

6 (c) TERMINATION OF REQUIREMENT.—Subsection 

7 (a) shall be effective during the 3 year period beginning 

8 on the date of enactment of this Act. 

9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

10 In this section the term ‘‘appropriate congressional com11 mittees’’ means the Committee on Appropriations and the 

12 Committee on Foreign Relations of the Senate and the 

13 Committee on Appropriations and the Committee on 

14 International Relations of the House of Representatives. 

15 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AUTHORIZATION.—There is authorized to be ap17 propriated to the President $300,000,000 for each of the 

18 fiscal years 2005, 2006, and 2007 to carry out the provi19 sions of this Act, of which— 

20 (1) $20,000,000 is authorized to be available to 

21 the Afghan Ministry of Women’s Affairs for each 

22 such fiscal year; and 

23 (2) $10,000,000 is authorized to be available to 

24 the Afghan Independent Human Rights Commission 

25 for each such fiscal year. 
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1 (b) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to paragraph (1) are authorized to re3 main available until expended. 

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