IIB
107TH CONGRESS
2D SESSION
H. R. 3994
IN THE SENATE OF THE UNITED STATES
MAY 22, 2002
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To authorize economic and democratic development assist-
ance for Afghanistan and to authorize military assistance
for Afghanistan and certain other foreign countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI-
TION.
(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 Afghani-
stan.
Sec. 106. Coordination of assistance.
Sec. 107. Administrative provisions.
Sec. 108. Authorization of appropriations.
TITLE II—MILITARY ASSISTANCE FOR AFGHANISTAN AND CER-
TAIN OTHER FOREIGN COUNTRIES AND INTERNATIONAL OR-
GANIZATIONS
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. Promoting secure delivery of humanitarian and other assistance in
Afghanistan.
Sec. 207. Sunset.
TITLE III—ADDITIONAL REQUIREMENTS WITH RESPECT TO
ASSISTANCE FOR AFGHANISTAN
Sec. 301. Prohibition on United States involvement in poppy cultivation or il-
licit narcotics growth, production, or trafficking.
Sec. 302. Requirement to report by certain United States officials.
Sec. 303. Report by the President.
(c) DEFINITION.—In this Act, the term ‘‘Government
of Afghanistan’’ includes the government of any political
subdivision of Afghanistan, and any agency or instrumen-
tality of the Government of Afghanistan.
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TITLE I—ECONOMIC AND DEMO-
CRATIC 
DEVELOPMENT 
AS-
SISTANCE 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 insti-
tutions 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 humani-
tarian and refugee needs, fight the production and
flow of illicit narcotics, and aid in the reconstruction
of Afghanistan’s agriculture, health care, civil serv-
ice, financial, and educational systems.
(3) By promoting peace and security in Afghan-
istan and preventing a return to conflict, the United
States and the international community can help en-
sure that Afghanistan does not again become a
source for international terrorism.
(4) The United States should support the objec-
tives agreed to on December 5, 2001, in Bonn, Ger-
many, regarding the provisional arrangement for Af-
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ghanistan as it moves toward the establishment of
permanent institutions and, in particular, should
work intensively toward ensuring the future neu-
trality of Afghanistan, establishing the principle that
neighboring countries and other countries in the re-
gion do not threaten or interfere in one another’s
sovereignty, territorial integrity, or political inde-
pendence, including supporting diplomatic initiatives
to support this goal.
(5) The special emergency situation in Afghani-
stan, which from the perspective of the American
people combines security, humanitarian, political,
law enforcement, and development imperatives, re-
quires that the President should receive maximum
flexibility in designing, coordinating, and admin-
istering efforts with respect to assistance for Af-
ghanistan and that a temporary special program of
such assistance should be established for this pur-
pose.
(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 develop-
ment of democratic civil authorities and institutions
in the broader Central Asia region.
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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 au-
thorities to control poppy cultivation and related ac-
tivities;
(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 author-
izing assistance for the rehabilitation and recon-
struction of Afghanistan with a particular emphasis
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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, orga-
nize, 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 cho-
sen 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 govern-
ment is to be organized in the future, as may be de-
cided 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 Afghani-
stan through, among other things, programs that
create jobs, facilitate clearance of landmines, and re-
build 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
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responsibilities for legal advocacy, education, voca-
tional 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 likeli-
hood of harm to United States and other allied
forces in Afghanistan and the region, the likelihood
of additional acts of international terrorism ema-
nating from Afghanistan, and the cultivation, pro-
duction, trafficking, and use of illicit narcotics in Af-
ghanistan.
(2) ROLE OF WOMEN.—Assistance should in-
crease the participation of women at the national,
regional, and local levels in Afghanistan, wherever
feasible, by enhancing the role of women in decision-
making processes, as well as by providing support
for programs that aim to expand economic and edu-
cational 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
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self-reliance in Afghanistan should be built upon to
increase the capacity of the Afghan people and insti-
tutions to participate in the reconstruction of Af-
ghanistan.
(4) STABILITY.—Assistance should encourage
the restoration of security in Afghanistan, including,
among other things, the disarmament, demobiliza-
tion, and reintegration of combatants, and the estab-
lishment of the rule of law, including the establish-
ment of a police force and an effective, independent
judiciary.
(5) COORDINATION.—Assistance should be part
of a larger donor effort for Afghanistan. The mag-
nitude 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 inter-
national donors help achieve the purposes estab-
lished by this title.
SEC. 104. AUTHORIZATION OF ASSISTANCE.
(a) IN GENERAL.—The President is authorized to
provide assistance for Afghanistan for the following activi-
ties:
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(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, ma-
ternal child health services, and infectious dis-
eases surveillance and treatment;
(D) family tracing and reunification serv-
ices; and
(E) clearance of landmines.
(2) REPATRIATION
AND
RESETTLEMENT
OF
REFUGEES
AND
INTERNALLY
DISPLACED
PER-
SONS.—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 reha-
bilitate or expand social, health, and edu-
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cational services that may have suffered as a
result of the influx of large numbers of refu-
gees;
(C) assistance to international organiza-
tions and host governments in maintaining se-
curity by screening refugees to ensure the ex-
clusion of armed combatants, members of for-
eign terrorist organizations, and other individ-
uals not eligible for economic assistance from
the United States; and
(D) assistance for voluntary refugee repa-
triation and reintegration inside Afghanistan
and continued assistance to those refugees who
are unable or unwilling to return, and humani-
tarian assistance to internally displaced per-
sons, including those persons who need assist-
ance to return to their homes, through the
United Nations High Commissioner for Refu-
gees and other organizations charged with pro-
viding such assistance.
(3) COUNTERNARCOTICS EFFORTS.—(A) To as-
sist in the eradication of poppy cultivation, the dis-
ruption of heroin production, and the reduction of
the overall supply and demand for illicit narcotics in
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Afghanistan and the region, with particular empha-
sis 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 pro-
duction, processing, or trafficking areas to pro-
vide incentives to cooperation in narcotics sup-
pression activities, and related programs;
(ii) establish or provide assistance to one
or more entities within the Government of Af-
ghanistan, 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 cus-
toms, 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 dis-
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rupt 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 ref-
ugees returning to Afghanistan.
(B) For each of the fiscal years 2002 through
2005, $15,000,000 of the amount made available to
carry out this title is authorized to be made available
for a contribution to the United Nations Drug Con-
trol Program for the purpose of carrying out activi-
ties described in clauses (i) through (v) of subpara-
graph (A). Amounts made available under the pre-
ceding 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 Afghani-
stan, to increase the availability of food in markets
in Afghanistan, to rehabilitate the agriculture sector
in Afghanistan by creating jobs for former combat-
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ants, 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 infra-
structure, 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, certifi-
cation, and distribution systems;
(D) improvement in the quantity and qual-
ity of water available through, among other
things, rehabilitation of existing irrigation sys-
tems and the development of local capacity to
manage irrigation systems;
(E) livestock rehabilitation through market
development and other mechanisms to dis-
tribute stocks to replace those stocks lost as a
result of conflict or drought;
(F) mine awareness and demining pro-
grams and programs to assist mine victims, war
orphans, and widows;
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(G) programs relating to infant and young
child feeding, immunizations, vitamin A sup-
plementation, 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 sani-
tation practices and for the prevention and
treatment of infectious diseases, such as tuber-
culosis and malaria;
(J) programs to reconstitute the delivery of
health care, including the reconstruction of
health clinics or other basic health infrastruc-
ture, with particular emphasis on health care
for children who are orphans;
(K) programs for housing, rebuilding
urban infrastructure, and supporting basic
urban services; and
(L) disarmament, demobilization, and re-
integration of armed combatants into society,
particularly child soldiers.
(5) REESTABLISHMENT OF AFGHANISTAN AS A
VIABLE NATION-STATE.—(A) To assist in the devel-
opment of the capacity of the Government of Af-
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ghanistan to meet the needs of the people of Afghan-
istan through, among other things, support for the
development and expansion of democratic and mar-
ket-based institutions, including assistance such
as—
(i) support for international organizations
that provide civil advisers to the Government of
Afghanistan;
(ii) support for an educated citizenry
through improved access to basic education,
with particular emphasis on basic education for
children who are orphans, with particular em-
phasis on basic education for children;
(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 land-
mine awareness, food security and agricultural
education, human rights awareness, and civic
education;
(v) support for the activities of the Govern-
ment of Afghanistan to draft a new constitu-
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tion, other legal frameworks, and other initia-
tives to promote the rule of law in Afghanistan;
(vi) support to increase the transparency,
accountability, and participatory nature of gov-
ernmental institutions, including programs de-
signed to combat corruption and other pro-
grams 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 eth-
nic groups in government at national, regional,
and local levels;
(ix) programs to strengthen civil society or-
ganizations that promote human rights and
support human rights monitoring;
(x) support for national, regional, and local
elections and political party development;
(xi) support for the effective administra-
tion of justice at the national, regional, and
local levels, including the establishment of a re-
sponsible and community-based police force;
and
(xii) support for establishment of a central
bank and central budgeting authority.
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(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 tradi-
tional 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 estab-
lishment of a market economy, the establishment of
private financial institutions, the adoption of policies
to promote foreign direct investment, the develop-
ment 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, includ-
ing credit unions, cooperatives, and other enti-
ties providing microenterprise credits and other
income-generation programs for the poor, with
particular emphasis on women;
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(C) facilitate expanded trade with coun-
tries in the region;
(D) promote and foster respect for basic
workers’ rights and protections against exploi-
tation of child labor;
(E) develop handicraft and other small-
scale industries; and
(F) provide financing programs for the re-
construction 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 transi-
tional authority for Afghanistan; and
(B) with respect to assistance for fiscal
years 2004 and 2005, the President first deter-
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mines and certifies to Congress with respect to
the 
fiscal 
year 
involved 
that 
substantial
progress has been made toward adopting a con-
stitution and establishing a democratically elect-
ed 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 de-
termines and certifies to Congress that it is im-
portant to the national interest of the United
States to do so.
(B) CONTENTS
OF
CERTIFICATION.—A
certification transmitted to Congress under sub-
paragraph (A) shall include a memorandum of
justification that explains the basis for the de-
termination of the President to waive the appli-
cation of subparagraph (A) or (B) or paragraph
(1).
SEC. 105. PROMOTING COOPERATION IN MAJOR OPIUM
PRODUCING REGIONS OF AFGHANISTAN.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law (except as provided in subsection (c)), sub-
sections (a) through (g) of section 490 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2291j), as in effect on
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January 9, 2002, shall apply with respect to United States
bilateral and multilateral assistance to Afghanistan for
each of fiscal years 2003 through 2005.
(b) AUTHORITY TO APPLY SECTION 490 OF THE
FOREIGN ASSISTANCE ACT OF 1961.—
(1) IN GENERAL.—The President is authorized
and encouraged, to the maximum extent practicable,
to apply the provisions of subsections (a), (b), (c),
and (e) of section 490 of the Foreign Assistance Act
of 1961 to United States bilateral and multilateral
assistance to major opium producing regions of Af-
ghanistan, including regions within the Badakshan,
Helmand, and Qandahar provinces.
(2) REDISTRIBUTION.—The President is au-
thorized and encouraged to redistribute any United
States assistance withheld from an opium producing
region pursuant to this subsection to other major
opium producing regions of Afghanistan with respect
to which United States assistance has not been with-
held pursuant to this subsection.
(3) MAJOR OPIUM PRODUCING REGIONS.—The
President may define or redefine the boundaries of
major opium producing regions of Afghanistan for
purposes of this subsection.
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(c) REQUIREMENT TO SUPERSEDE.—The provisions
of this section shall not be superseded except by a provi-
sion of law enacted after the date of the enactment of this
Act which specifically repeals, modifies, or otherwise su-
persedes the provision of this section.
SEC. 106. COORDINATION OF ASSISTANCE.
The President is strongly urged to designate, within
the Department of State, a coordinator who shall be re-
sponsible 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 as-
sistance to Afghanistan;
(4) ensuring that United States assistance pro-
grams for Afghanistan are consistent with this title;
(5) ensuring proper management, implementa-
tion, and oversight by agencies responsible for as-
sistance programs for Afghanistan; and
(6) resolving policy and program disputes
among United States Government agencies with re-
spect to United States assistance for Afghanistan.
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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 au-
thorities apply to the provision of economic assistance
under part I of such Act.
(b) USE OF THE EXPERTISE OF AFGHAN-AMERI-
CANS.—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, en-
courage the participation of such Afghan-Americans
(including organizations employing a significant
number of such Afghan-Americans).
(c) DONATIONS OF MANUFACTURING EQUIPMENT;
USE OF LAND GRANT COLLEGES AND UNIVERSITIES.—
In providing assistance authorized by this title, the Presi-
dent, to the maximum extent practicable, should—
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(1) encourage the donation of appropriate ex-
cess or obsolete manufacturing and related equip-
ment by United States businesses (including small
businesses) for the reconstruction of Afghanistan;
and
(2) utilize research conducted by United States
land grant colleges and universities and the technical
expertise of professionals within those institutions,
particularly in the areas of agriculture and rural de-
velopment.
(d) ADMINISTRATIVE EXPENSES.—Not more than 5
percent of the amount made available to a Federal depart-
ment or agency to carry out this title for a fiscal year
may be used by the department or agency for administra-
tive expenses in connection with such assistance.
(e) MONITORING.—
(1) 
COMPTROLLER
GENERAL.—The 
Comp-
troller General shall monitor the provision of assist-
ance 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
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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).
(f) 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 congres-
sional committees specified in section 634A of the Foreign
Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that sec-
tion.
(g) AUTHORITY TO PROVIDE ASSISTANCE.—Assist-
ance 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 appro-
priated to the President to carry out this title
$300,000,000 for each of the fiscal years 2002 through
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.
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(b) AVAILABILITY.—Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)
are—
(1) authorized to remain available until ex-
pended; and
(2) in addition to funds otherwise available for
such purposes, including, with respect to food assist-
ance 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 CER-
TAIN OTHER FOREIGN COUN-
TRIES 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 rep-
resentative government in Afghanistan, the United States
should support—
(1) the development of a civilian-controlled and
centrally-governed standing Afghanistan army that
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respects human rights and prohibits the use of chil-
dren as soldiers or combatants;
(2) the creation and training of a professional
civilian police force that respects human rights; and
(3) a multinational security force in Afghani-
stan.
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 sup-
port (including training) to the Government of Af-
ghanistan.
(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 for-
eign countries and eligible international organiza-
tions.
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(C) The assistance authorized under subpara-
graph (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 arti-
cles, defense services, and military education and
training for the Government of Afghanistan, eligible
foreign countries, and eligible international organiza-
tions.
(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, de-
fense 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).
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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 partici-
pating in or directly supporting United States military ac-
tivities authorized under Public Law 107–40 or is partici-
pating in military, peacekeeping, or policing operations in
Afghanistan aimed at restoring or maintaining peace and
security in that country, except that no country the gov-
ernment 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 assist-
ance under section 202.
SEC. 204. REIMBURSEMENT FOR ASSISTANCE.
(a) IN GENERAL.—Defense articles, defense services,
and military education and training provided under sec-
tion 202(a)(2) shall be made available without reimburse-
ment 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.—
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(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 edu-
cation 
and 
training 
provided 
under 
section
202(a)(2).
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under
paragraph (1) are authorized to remain available
until expended, and are in addition to amounts oth-
erwise 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 not-
withstanding any other provision of law (other than
provisions of this title) if the President determines
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that such assistance is important to the national se-
curity 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 assist-
ance.
(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. PROMOTING SECURE DELIVERY OF HUMANI-
TARIAN AND OTHER ASSISTANCE IN AFGHAN-
ISTAN.
(a) FINDINGS.—Congress finds the following:
(1) The President has declared his view that
the United States should provide significant assist-
ance to Afghanistan so that it never again becomes
a haven for terrorism.
(2) The delivery of humanitarian and recon-
struction assistance from the international commu-
nity is necessary for the safe return of refugees and
is critical to the future stability of Afghanistan.
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(3) Enhanced stability in Afghanistan through
an improved security environment is critical to the
fostering of the Afghan Interim Authority and the
traditional Afghan assembly or ‘‘Loya Jirga’’ proc-
ess, which is intended to lead to a permanent na-
tional government in Afghanistan, and also is essen-
tial for the participation of women in Afghan soci-
ety.
(4) Incidents of violence between armed factions
and local and regional commanders, and serious
abuses of human rights, including attacks on women
and ethnic minorities throughout Afghanistan, cre-
ate an insecure, volatile, and unsafe environment in
parts of Afghanistan, displacing thousands of Af-
ghan civilians from their local communities.
(5) The violence and lawlessness may jeopardize
the ‘‘Loya Jirga’’ process, undermine efforts to build
a strong central government, severely impede recon-
struction and the delivery of humanitarian assist-
ance, and increase the likelihood that parts of Af-
ghanistan will once again become safe havens for
Al–Qaeda, Taliban forces, and drug traffickers.
(6) The lack of security and lawlessness may
also perpetuate the need for United States Armed
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Forces in Afghanistan and threaten the ability of
the United States to meet its military objectives.
(7) The International Security Assistance Force
in Afghanistan, currently led by Turkey, and com-
posed of forces from other willing countries without
the participation of United States Armed Forces, is
deployed only in Kabul and currently does not have
the mandate or the capacity to provide security to
other parts of Afghanistan.
(8) Due to the ongoing military campaign in
Afghanistan, the United States does not contribute
troops to the International Security Assistance
Force but has provided support to other countries
that are doing so.
(9) The United States is providing political, fi-
nancial, training, and other assistance to the Afghan
Interim Authority as it begins to build a national
army and police force to help provide security
throughout Afghanistan, but this effort is not meet-
ing the immediate security needs of Afghanistan.
(10) Because of these immediate security needs,
the Afghan Interim Authority, its Chairman, Hamid
Karzai, and many Afghan regional leaders have
called for the International Security Assistance
Force, which has successfully brought stability to
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Kabul, to be expanded and deployed throughout the
country, and this request has been strongly sup-
ported by a wide range of international humani-
tarian organizations, including the International
Committee of the Red Cross, Catholic Relief Serv-
ices, and Refugees International.
(11)(A) On January 29, 2002, the President
stated that ‘‘[w]e will help the new Afghan govern-
ment provide the security that is the foundation of
peace’’.
(B) On March 25, 2002, the Secretary of De-
fense stated, with respect to the reconstruction of
Afghanistan, that ‘‘the first thing . . . you need for
anything else to happen, for hospitals to happen, for
roads to happen, for refugees to come back, for peo-
ple to be fed and humanitarian workers to move on
the country . . . [y]ou’ve got to have security’’.
(b) STATEMENT OF POLICY.—It should be the policy
of the United States to support measures to help meet
the immediate security needs of Afghanistan in order to
promote safe and effective delivery of humanitarian and
other assistance throughout Afghanistan, further the rule
of law and civil order, and support the formation of a func-
tioning, representative Afghan national government.
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(c) PREPARATION OF STRATEGY.—Not later than 45
days after the date of the enactment of this Act, the Presi-
dent shall transmit to the Committee on International Re-
lations and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Rela-
tions and the Committee on Appropriations of the Senate
a strategy for meeting the immediate and long-term secu-
rity needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning, rep-
resentative Afghan national government.
SEC. 207. SUNSET.
The authority of this title shall expire on December
31, 2004.
TITLE 
III—ADDITIONAL 
RE-
QUIREMENTS WITH RESPECT
TO ASSISTANCE FOR AFGHAN-
ISTAN
SEC. 301. PROHIBITION ON UNITED STATES INVOLVEMENT
IN POPPY CULTIVATION OR ILLICIT NAR-
COTICS GROWTH, PRODUCTION, OR TRAF-
FICKING.
No officer or employee of any Federal department or
agency who is involved in the provision of assistance under
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this Act may knowingly encourage or participate in poppy
cultivation or illicit narcotics growth, production, or traf-
ficking in Afghanistan. No United States military or civil-
ian aircraft or other United States vehicle that is used
with respect to the provision of assistance under this Act
may be used to facilitate the distribution of poppies or
illicit narcotics in Afghanistan.
SEC. 302. REQUIREMENT TO REPORT BY CERTAIN UNITED
STATES OFFICIALS.
(a) REQUIREMENT.—An officer or employee of any
Federal department or agency involved in the provision of
assistance under this Act and having knowledge of facts
or circumstances that reasonably indicate that any agency
or instrumentality of the Government of Afghanistan, or
any other individual (including an individual who exercises
civil power by force over a limited region) or organization
in Afghanistan, that receives assistance under this Act is
involved in poppy cultivation or illicit narcotics growth,
production, or trafficking shall, notwithstanding any
memorandum of understanding or other agreement to the
contrary, report such knowledge or facts to the appro-
priate official.
(b) DEFINITION.—In this section, the term ‘‘appro-
priate official’’ means the Attorney General, the Inspector
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General of the Federal department or agency involved, or
the head of such department or agency.
SEC. 303. REPORT BY THE PRESIDENT.
Not later than 6 months after the date of the enact-
ment of this Act, and annually thereafter, the President
shall transmit to Congress a written report on the
progress of the Government of Afghanistan toward the
eradication of poppy cultivation, the disruption of heroin
production, and the reduction of the overall supply and
demand for illicit narcotics in Afghanistan in accordance
with the provisions of this Act.
Passed the House of Representatives May 21, 2002.
Attest:
JEFF TRANDAHL,
Clerk.