IB
Union Calendar No. 250
107TH CONGRESS
2D SESSION
H. R. 3994
[Report No. 107–420]
To authorize economic and democratic development assistance for Afghanistan
and to authorize military assistance for Afghanistan and certain other
foreign countries.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 2002
Mr. HYDE (for himself, Mr. LANTOS, Mr. GILMAN, and Mr. ACKERMAN) intro-
duced the following bill; which was referred to the Committee on Inter-
national Relations
APRIL 25, 2002
Additional sponsors: Mr. MENENDEZ, Mr. HOEFFEL, Mr. FALEOMAVAEGA,
Mrs. NAPOLITANO, Mr. PAYNE, and Mr. ROHRABACHER
APRIL 25, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 19, 2002]
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI-
TION.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Af-
ghanistan 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 CERTAIN
OTHER FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for security during transition in Afghanistan.
Sec. 202. Authorization of assistance.
Sec. 203. Eligible foreign countries and eligible international organizations.
Sec. 204. Reimbursement for assistance.
Sec. 205. Authority to provide assistance.
Sec. 206. Sunset.
(c) DEFINITION.—In this Act, the term ‘‘Government
of Afghanistan’’ includes the government of any political
subdivision of Afghanistan, and any agency or instrumen-
tality of the Government of Afghanistan.
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 pro-
vide its expertise to meet immediate humanitarian
and refugee needs, fight the production and flow of il-
licit narcotics, and aid in the reconstruction of Af-
ghanistan’s agriculture, health care, and educational
systems.
(3) By promoting peace and security in Afghani-
stan 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-
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 sov-
ereignty, territorial integrity, or political independ-
ence, including supporting diplomatic initiatives to
support this goal.
(5) The special emergency situation in Afghani-
stan, which from the perspective of the American peo-
ple combines security, humanitarian, political, law
enforcement, and development imperatives, requires
that the President should receive maximum flexibility
in designing, coordinating, and administering efforts
with respect to assistance for Afghanistan and that a
temporary special program of such assistance should
be established for this purpose.
(6) To foster stability and democratization and
to effectively eliminate the causes of terrorism, the
United States and the international community
should also support efforts that advance the develop-
ment of democratic civil authorities and institutions
in the broader Central Asia region.
SEC. 102. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title
are—
(1) to help assure the security of the United
States and the world by reducing or eliminating the
likelihood of violence against United States or allied
forces in Afghanistan and to reduce the chance that
Afghanistan will again be a source of international
terrorism;
(2) to support the continued efforts of the United
States and the international community to address
the humanitarian crisis in Afghanistan and among
Afghan refugees in neighboring countries;
(3) to fight the production and flow of illicit
narcotics, to control the flow of precursor chemicals
used in the production of heroin, and to enhance and
bolster the capacities of Afghan governmental authori-
ties to control poppy cultivation and related activi-
ties;
(4) to help achieve a broad-based, multi-ethnic,
gender-sensitive, and fully representative government
in Afghanistan that is freely chosen by the people of
Afghanistan and that respects the human rights of all
Afghans, particularly women, including authorizing
assistance for the rehabilitation and reconstruction of
Afghanistan with a particular emphasis on meeting
the educational, health, and sustenance needs of
women and children to better enable their full partici-
pation in Afghan society;
(5) to support the Government of Afghanistan in
its development of the capacity to facilitate, organize,
develop, and implement projects and activities that
meet the needs of the Afghan people;
(6) to foster the participation of civil society in
the establishment of the new Afghan government in
order to achieve a broad-based, multiethnic, gender-
sensitive, fully representative government freely 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 Afghanistan
through, among other things, programs that create
jobs, facilitate clearance of landmines, and rebuild the
agriculture sector, the health care system, and the
educational system of Afghanistan; and
(8) to include specific resources to the Ministry
for Women’s Affairs of Afghanistan to carry out its
responsibilities for legal advocacy, education, 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.—As-
sistance should be designed to reduce the likelihood of
harm to United States and other allied forces in Af-
ghanistan and the region, the likelihood of additional
acts of international terrorism emanating from Af-
ghanistan, and the cultivation, production, traf-
ficking, and use of illicit narcotics in Afghanistan.
(2) ROLE
OF
WOMEN.—Assistance should in-
crease the participation of women at the national, re-
gional, and local levels in Afghanistan, wherever fea-
sible, 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 self-
reliance in Afghanistan should be built upon to in-
crease the capacity of the Afghan people and institu-
tions to participate in the reconstruction of Afghani-
stan.
(4) STABILITY.—Assistance should encourage the
restoration of security in Afghanistan, including,
among other things, the disarmament, demobilization,
and reintegration of combatants, and the establish-
ment of the rule of law, including the establishment
of a police force and an effective, independent judici-
ary.
(5) COORDINATION.—Assistance should be part of
a larger donor effort for Afghanistan. The magnitude
of the devastation—natural and man-made—to insti-
tutions and infrastructure make it imperative that
there be close coordination and collaboration among
donors. The United States should endeavor to assert
its leadership to have the efforts of international do-
nors help achieve the purposes established by this title.
SEC. 104. AUTHORIZATION OF ASSISTANCE.
(a) IN GENERAL.—The President is authorized to pro-
vide assistance for Afghanistan for the following activities:
(1) URGENT HUMANITARIAN NEEDS.—To assist
in meeting the urgent humanitarian needs of the peo-
ple of Afghanistan, including assistance such as—
(A) emergency food, shelter, and medical as-
sistance;
(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 REF-
UGEES AND INTERNALLY DISPLACED PERSONS.—To
assist refugees and internally displaced persons as
they return to their home communities in Afghani-
stan 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 rehabili-
tate or expand social, health, and educational
services that may have suffered as a result of the
influx of large numbers of refugees;
(C) assistance to international organiza-
tions and host governments in maintaining secu-
rity by screening refugees to ensure the exclusion
of armed combatants, members of foreign ter-
rorist organizations, and other individuals not
eligible for economic assistance from the United
States; and
(D) assistance for voluntary refugee repatri-
ation and reintegration inside Afghanistan and
continued assistance to those refugees who are
unable or unwilling to return.
(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 Af-
ghanistan and the region, with particular emphasis
on assistance to—
(i) eradicate opium poppy, establish crop
substitution programs, purchase nonopium prod-
ucts from farmers in opium-growing areas,
quick-impact public works programs to divert
labor from narcotics production, develop projects
directed specifically at narcotics production,
processing, or trafficking areas to provide incen-
tives to cooperation in narcotics suppression ac-
tivities, and related programs;
(ii) establish or provide assistance to one or
more entities within the Government of Afghani-
stan, including the Afghan State High Commis-
sion 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 traf-
ficking 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-
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 refu-
gees returning to Afghanistan.
(B) For each of the fiscal years 2002 through
2005, not less than $15,000,000 of the amount made
available to carry out this title should be made avail-
able for a contribution to the United Nations Drug
Control Program for the purpose of carrying out ac-
tivities described in clauses (i) through (v) of sub-
paragraph (A). Amounts made available under the
preceding sentence are in addition to amounts other-
wise available for such purposes.
(4) REESTABLISHMENT OF FOOD SECURITY, RE-
HABILITATION
OF
THE
AGRICULTURE
SECTOR, IM-
PROVEMENT IN HEALTH CONDITIONS, AND THE RE-
CONSTRUCTION OF BASIC INFRASTRUCTURE.—To as-
sist in expanding access to markets in Afghanistan,
to increase the availability of food in markets in Af-
ghanistan, to rehabilitate the agriculture sector in Af-
ghanistan by creating jobs for former combatants, re-
turning refugees, and internally displaced persons, to
improve health conditions, and assist in the rebuild-
ing 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 strength-
ening of seed multiplication, certification, 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 distribute
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;
(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 mor-
tality;
(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; and
(K) 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 develop-
ment of the capacity of the Government of Afghani-
stan to meet the needs of the people of Afghanistan
through, among other things, support for the develop-
ment and expansion of democratic and market-based
institutions, including assistance such as—
(i) support for international organizations
that provide civil advisers to the Government of
Afghanistan;
(ii) support for an educated citizenry
through improved access to basic education;
(iii) programs to enable the Government of
Afghanistan to recruit and train teachers, with
special focus on the recruitment and training of
female teachers;
(iv) programs to enable the Government of
Afghanistan to develop school curriculum that
incorporates relevant information such as 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 constitution,
other legal frameworks, and other initiatives to
promote the rule of law in Afghanistan;
(vi) support to increase the transparency,
accountability, and participatory nature of gov-
ernmental institutions, including programs de-
signed to combat corruption and other programs
for the promotion of good governance;
(vii) support for an independent media;
(viii) programs that support the expanded
participation of women and members of all eth-
nic groups in government at national, regional,
and local levels;
(ix) programs to strengthen civil society or-
ganizations that promote human rights and sup-
port human rights monitoring;
(x) support for national, regional, and local
elections and political party development; and
(xi) support for the effective administration
of justice at the national, regional, and local lev-
els, including the establishment of a responsible
and community-based police force.
(B) For each of the fiscal years 2002 through
2005, not less than $10,000,000 of the amount made
available to carry out this title should be made avail-
able for the purposes of carrying out a traditional Af-
ghan 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 development
of a basic telecommunication infrastructure, and the
development of trade and other commercial links with
countries in the region and with the United States,
including policies to—
(A) encourage the return of Afghanistan
citizens or nationals living abroad who have
marketable and business-related skills;
(B) establish financial institutions, includ-
ing credit unions, cooperatives, and other entities
providing microenterprise credits and other in-
come-generation programs for the poor, with
particular emphasis on women;
(C) facilitate expanded trade with countries
in the region;
(D) promote and foster respect for basic
workers’ rights and protections against 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 de-
cided on a broad-based, multiethnic, gender-sen-
sitive, fully representative transitional authority
for Afghanistan; and
(B) with respect to assistance for fiscal
years 2004 and 2005, the President first deter-
mines and certifies to Congress with respect to
the fiscal year involved that substantial progress
has been made toward adopting a constitution
and establishing a democratically elected govern-
ment 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 deter-
mines and certifies to Congress that it is in the
vital national interest of the United States to do
so.
(B) CONTENTS OF CERTIFICATION.—A cer-
tification transmitted to Congress under sub-
paragraph (A) shall include—
(i) a full and complete description of
the vital national interest of the United
States that is placed at risk by reason the
application of subparagraph (A) or (B) of
paragraph (1), as the case may be; and
(ii) an analysis of the risk described in
clause (i) versus the risk to the vital na-
tional interest of the United States by rea-
son of the failure to exercise the waiver au-
thority of subparagraph (A).
SEC. 105. PROMOTING COOPERATION IN MAJOR OPIUM
PRODUCING REGIONS OF AFGHANISTAN.
(a) IN GENERAL.—Except as provided in subsection
(b), a portion of the amount made available to carry out
this title for a fiscal year shall be available for assistance
in the major opium producing regions of Afghanistan, in-
cluding areas within the Badakshan, Helmand, and
Qandahar provinces with the goal of assisting in the elimi-
nation of poppy cultivation. Assistance under the preceding
sentence shall be provided in coordination with the Govern-
ment of Afghanistan, in consultation with the local leaders
of such regions, and in coordination with the counter-nar-
cotics efforts of other donors, particularly the United Na-
tions Drug Control Program (UNDCP), and the European
Union and its member states.
(b) LIMITATION.—
(1) IN
GENERAL.—Subject to paragraph (2),
amounts made available to carry out this title for a
fiscal year (except amounts made available for assist-
ance under paragraphs (1) through (3) and subpara-
graphs (F) through (I) of paragraph (4) of section
104(a)) may not be provided to an opium producing
region if, with respect to such region, the Government
of Afghanistan does not actively, effectively, and vig-
orously participate in illicit narcotics suppression ac-
tivities or if, beginning on September 30, 2003,
opium is produced (other than in a de minimis
amount, as measured by surveys conducted by the
United States Government, the United Nations Drug
Control Program, or other reliable sources) in such re-
gion. Amounts withheld from an opium producing re-
gion by reason of the application of the preceding sen-
tence shall be redistributed to qualifying opium pro-
ducing regions.
(2) WAIVER.—
(A) IN
GENERAL.—The President may
waive the restriction on assistance under the first
sentence of paragraph (1) with respect to an
opium producing region if the President first de-
termines and certifies to Congress that it is in
the vital national interest of the United States to
do so.
(B) CONTENTS OF CERTIFICATION.—A cer-
tification transmitted to Congress under sub-
paragraph (A) shall include—
(i) a full and complete description of
the vital national interest of the United
States that is placed at risk if assistance to
the opium producing region involved is not
provided under this section; and
(ii) an analysis of the risk described in
clause (i) versus the risk to the vital na-
tional interest of the United States by rea-
son of the failure to exercise the waiver au-
thority of subparagraph (A).
(c) ADDITIONAL REQUIREMENT.—The coordinator des-
ignated by the President pursuant to section 106(a) and
other appropriate officers of the Department of State and
the United States Agency for International Development
shall ensure that assistance under this title is provided, in
appropriate amounts, to opium producing regions of Af-
ghanistan consistent with the requirements of subsections
(a) and (b).
SEC. 106. COORDINATION OF ASSISTANCE.
(a) DESIGNATION OF COORDINATOR.—The President is
strongly urged to designate, within the Department of State,
a coordinator who shall be responsible for—
(1) designing an overall strategy to advance
United States interests in Afghanistan;
(2) ensuring program and policy coordination
among agencies of the United States Government in
carrying out the policies set forth in this title;
(3) pursuing coordination with other countries
and international organizations with respect to 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 assist-
ance programs for Afghanistan; and
(6) resolving policy and program disputes
among United States Government agencies with re-
spect to United States assistance for Afghanistan.
(b) ADDITIONAL REQUIREMENT.—An individual des-
ignated by the President as coordinator pursuant to sub-
section (a) may only be an individual who is appointed
by the President by and with the advice and consent of the
Senate.
SEC. 107. ADMINISTRATIVE PROVISIONS.
(a) APPLICABLE ADMINISTRATIVE AUTHORITIES.—
Except to the extent inconsistent with the provisions of this
title, the administrative authorities under chapters 1 and
2 of part III of the Foreign Assistance Act of 1961 shall
apply to the provision of assistance under this title to the
same extent and in the same manner as such authorities
apply to the provision of economic assistance under part
I of such Act.
(b) USE
OF
THE EXPERTISE
OF AFGHAN-AMERI-
CANS.—In providing assistance authorized by this title, the
President should—