22 U.S.C. § 7513 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7513. Authorization of assistance
(a) In general
Notwithstanding any other provision of law, the President is authorized to provide assistance for Afghanistan for the following activities:
(1) Urgent humanitarian needs
To assist in meeting the urgent humanitarian needs of the people of Afghanistan, including assistance such as—
(A) emergency food, shelter, and medical assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including childhood vaccination, therapeutic feeding, maternal child health services, and infectious diseases surveillance and treatment;
(D) family tracing and reunification services; and
(E) clearance of landmines and other unexploded ordinance.1
(2) Repatriation and resettlement of refugees and internally displaced persons
To assist refugees and internally displaced persons as they return to their home communities in Afghanistan and to support their reintegration into those communities, including assistance such as—
(A) assistance identified in paragraph (1);
(B) assistance to communities, including those in neighboring countries, that have taken in large numbers of refugees in order to rehabilitate or expand social, health, and educational services that may have suffered as a result of the influx of large numbers of refugees;
(C) assistance to international organizations and host governments in maintaining security by screening refugees to ensure the exclusion of armed combatants, members of foreign terrorist organizations, and other individuals not eligible for economic assistance from the United States; and
(D) assistance for voluntary refugee repatriation and reintegration inside Afghanistan and continued assistance to those refugees who are unable or unwilling to return, and humanitarian assistance to internally displaced persons, including those persons who need assistance to return to their homes, through the United Nations High Commissioner for Refugees and other organizations charged with providing such assistance.
(3) Counternarcotics efforts
(A) To assist in the eradication of poppy cultivation, the disruption of heroin production, and the reduction of the overall supply and demand for illicit narcotics in Afghanistan and the region, with particular emphasis on assistance to—
(i) eradicate opium poppy, promote alternatives to poppy cultivation, including the introduction of high value crops that are suitable for export and the provision of appropriate technical assistance and credit mechanisms for farmers, purchase nonopium products from farmers in opium-growing areas, quick-impact public works programs to divert labor from narcotics production, develop projects directed specifically at narcotics production, processing, or trafficking areas to provide incentives to cooperation in narcotics suppression activities, and related programs;
(ii) establish or provide assistance to one or more entities within the Government of Afghanistan, including the Afghan State High Commission for Drug Control, and to provide training and equipment for the entities, to help enforce counternarcotics laws in Afghanistan and limit illicit narcotics growth, production, and trafficking in Afghanistan, and to create special counternarcotics courts, prosecutors, and places of incarceration;
(iii) train and provide equipment for customs, police, and other border control entities in Afghanistan and the region relating to illicit narcotics interdiction and relating to precursor chemical controls and interdiction to help disrupt heroin production in Afghanistan and the region, in particular, notwithstanding section 2420 of this title, by providing non-lethal equipment, training (including training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments, during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting units;
(iv) continue the annual opium crop survey and strategic studies on opium crop planting and farming in Afghanistan;
(v) reduce demand for illicit narcotics among the people of Afghanistan, including refugees returning to Afghanistan; and
(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.
(B) For each of the fiscal years 2003 through 2006, $15,000,000 is authorized to be appropriated to the President to be made available for a contribution to the United Nations Drug Control Program for the purpose of carrying out activities described in clauses (i) through (v) of subparagraph (A). Amounts made available under the preceding sentence are in addition to amounts otherwise available for such purposes.
(4) Reestablishment of food security, rehabilitation of the agriculture sector, improvement in health conditions, and the reconstruction of basic infrastructure
To assist in expanding access to markets in Afghanistan, to increase the availability of food in markets in Afghanistan, to rehabilitate the agriculture sector in Afghanistan by creating jobs for former combatants, returning refugees, and internally displaced persons, to improve health conditions, and assist in the rebuilding of basic infrastructure in Afghanistan, including assistance such as—
(A) rehabilitation of the agricultural infrastructure, including irrigation systems and rural roads;
(B) extension of credit;
(C) provision of critical agricultural inputs, such as seeds, tools, and fertilizer, and strengthening of seed multiplication, certification, and distribution systems;
(D) improvement in the quantity and quality of water available through, among other things, rehabilitation of existing irrigation systems and the development of local capacity to manage irrigation systems;
(E) livestock rehabilitation through market development and other mechanisms to distribute stocks to replace those stocks lost as a result of conflict or drought;
(F) mine awareness and demining programs and programs to assist mine victims, war orphans, and widows;
(G) programs relating to infant and young child feeding, immunizations, vitamin A supplementation, and prevention and treatment of diarrheal diseases and respiratory infections;
(H) programs to improve maternal and child health and reduce maternal and child mortality;
(I) programs to improve hygienic and sanitation practices and for the prevention and treatment of infectious diseases, such as tuberculosis and malaria;
(J) programs to reconstitute the delivery of health care, including the reconstruction of health clinics or other basic health infrastructure, with particular emphasis on health care for children who are orphans;
(K) programs for housing (including repairing homes damaged during military operations), rebuilding urban infrastructure, and supporting basic urban services;
(L) disarmament, demobilization, and reintegration of armed combatants into society, particularly child soldiers; and
(M) assistance in identifying and surveying key road and rail routes that are essential for economic renewal in Afghanistan and the region and support for the establishment of a customs service and training for customs officers.
(5) Education, the rule of law, and related issues
(A) Education
To assist in the development of the capacity of the Government of Afghanistan to provide education to the people of Afghanistan, including assistance such as—
(i) support for an educated citizenry through improved access to basic education, with particular emphasis on basic education for children, especially orphans;
(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus on the recruitment and training of female teachers;
(iii) programs to enable the Government of Afghanistan to develop school curricula that incorporate relevant information such as landmine awareness, food security and agricultural education, civic education, and human rights education, including education relating to religious freedom;
(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary schools, secondary schools, and universities; and
(v) programs to increase educational exchanges and partnerships between the United States and Afghanistan.
(B) Rule of law
To assist in the development of the rule of law and good governance and reduced corruption in Afghanistan, including assistance such as—
(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop modern legal codes and court rules, to provide for the creation of legal assistance programs, and other initiatives to promote the rule of law in Afghanistan;
(ii) support for improvements in the capacity and physical infrastructure of the justice system in Afghanistan, such as for professional training (including for women) to improve the administration of justice, for programs to enhance prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements in the instruction of law enforcement personnel (including human rights training), and for the promotion of civilian police roles that support democracy;
(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
(iv) support for the effective administration of justice at the national, regional, and local levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to establish a responsible and community-based police force;
(v) support to increase the transparency, accountability, and participatory nature of governmental institutions, including programs designed to combat corruption and other programs for the promotion of good governance, such as the development of regulations relating to financial disclosure for public officials, political parties, and candidates for public office, and transparent budgeting processes and financial management systems;
(vi) support for establishment of a central bank and central budgeting authority;
(vii) support for international organizations that provide civil advisers to the Government of Afghanistan; and
(viii) support for Afghan and international efforts to investigate human rights atrocities committed in Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including the collection of forensic evidence relating to such atrocities.
(C) Civil society and democracy
To support the development of democratic institutions in Afghanistan, including assistance for—
(i) international monitoring and observing of, and the promotion of, free and fair elections;
(ii) strengthening democratic political parties;
(iii) international exchanges and professional training for members or officials of government, political, and civic or other nongovernmental entities;
(iv) national, regional, and local elections and political party development;
(v) an independent media;
(vi) programs that support the expanded participation of women and members of all ethnic groups in government at national, regional, and local levels; and
(vii) programs to strengthen civil society organizations that promote human rights, including religious freedom, freedom of expression, and freedom of association, and support human rights monitoring.
(D) Protection of sites
To provide for the protection of Afghanistan’s culture, history, and national identity, including the rehabilitation of Afghanistan’s museums and sites of cultural significance.
(6) Market economy
To support the establishment of a market economy, the establishment of private financial institutions, the adoption of policies to promote foreign direct investment, the development of a basic telecommunication infrastructure, and the development of trade and other commercial links with countries in the region and with the United States, including policies to—
(A) encourage the return of Afghanistan citizens or nationals living abroad who have marketable and business-related skills;
(B) establish financial institutions, including credit unions, cooperatives, and other entities providing microenterprise credits and other income-generation programs for the poor, with particular emphasis on women;
(C) facilitate expanded trade with countries in the region;
(D) promote and foster respect for basic workers’ rights and protections against exploitation of child labor;
(E) develop handicraft and other small-scale industries; and
(F) provide financing programs for the reconstruction of Kabul and other major cities in Afghanistan.
(7) Assistance to women and girls
(A) Assistance objectives
To assist women and girls in Afghanistan in the areas of political and human rights, health care, education, training, security, and shelter, with particular emphasis on assistance—
(i) to support construction of, provide equipment and medical supplies to, and otherwise facilitate the establishment and rehabilitation of, health care facilities in order to improve the health care of women, children, and infants;
(ii) to expand immunization programs for women and children;
(iii) to establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum;
(iv) to develop and expand technical and vocational training programs and income-generation projects for women;
(v) to provide special educational opportunities for girls whose schooling was ended by the Taliban, and to support the ability of women to have access to higher education;
(vi) to develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services;
(vii) to provide emergency shelters for women and girls who face danger from violence;
(viii) to direct humanitarian assistance to widows, who make up a very large and needy population in war-torn Afghanistan;
(ix) to support the work of women-led and local nongovernmental organizations with demonstrated experience in delivering services to Afghan women and children;
(x) to disseminate information throughout Afghanistan on the rights of women and on international standards of human rights, including the rights of religious freedom, freedom of expression, and freedom of association;
(xi) to provide women’s rights and human rights training for military, police, and legal personnel; and
(xii) to support the Afghan Independent Human Rights Commission in programs to promote women’s rights and human rights, including the rights of religious freedom, freedom of expression, and freedom of association, and in the investigation and monitoring of women’s rights and human rights abuses.
(B) Availability of funds
For each of the fiscal years 2003 through 2006—
(i) $15,000,000 is authorized to be appropriated to the President to be made available to the Afghan Ministry of Women’s Affairs; and
(ii) $5,000,000 is authorized to be appropriated to the President to be made available to the National Human Rights Commission of Afghanistan.
(C) Relation to other available funds
Amounts made available under subparagraph (B) are in addition to amounts otherwise available for such purposes.
(b) Limitation
(1) In general
Amounts made available to carry out this subchapter (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 the President first determines and certifies to Congress with respect to the fiscal year involved that progress is being made toward adopting a constitution and establishing a democratically elected government for Afghanistan that respects human rights.
(2) Waiver
(A) In general
The President may waive the application of paragraph (1) if the President first determines and certifies to Congress that it is important to the national interest of the United States to do so.
(B) Contents of certification
A certification transmitted to Congress under subparagraph (A) shall include a written explanation of the basis for the determination of the President to waive the application of paragraph (1).
(c) Enterprise fund
(1) Authorization of appropriations
In addition to funds otherwise available for such purpose, there are authorized to be appropriated to the President for an enterprise fund for Afghanistan $300,000,000. The provisions contained in section 5421 of this title (excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply with respect to such enterprise fund and to funds made available to such enterprise fund under this subsection.
(2) Availability of funds
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
(d) Monitoring of assistance for Afghanistan
(1) Report
(A) In general
The Secretary of State, in consultation with the Administrator for the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the obligations of United States assistance for Afghanistan from all United States Government departments and agencies.
(B) Contents
Each such report shall set forth, for the preceding annual period and cumulatively, a description of—
(i) the activities and the purposes for which funds were obligated;
(ii) the source of the funds stated specifically by fiscal year, agency, and program;
(iii) the participation of each United States Government department or agency; and
(iv) such other information as the Secretary considers appropriate to fully inform Congress on such matters.
(C) Additional requirements
The first report submitted under this paragraph shall include a cumulative account of information described in subparagraph (B) from all prior periods beginning with fiscal year 2001. The first report under this paragraph shall be submitted not later than March 15, 2005. Subsequent reports shall be submitted every 12 months thereafter and may be included in the report required under section 7536(c)(2) 2 of this title.
(2) Submission of information for report
The head of each United States Government agency referred to in paragraph (1) shall provide on a timely basis to the Secretary of State such information as the Secretary may reasonably require to allow the Secretary to prepare and submit the report required under paragraph (1).
(Pub. L. 107–327, title I, § 103, Dec. 4, 2002, 116 Stat. 2799; Pub. L. 108–458, title VII, § 7104(e)(1)(B), (f)(2)–(g), (j)(1), (k)(2), Dec. 17, 2004, 118 Stat. 3782, 3783, 3785, 3787, 3788.)
heading: Editorial Notes
heading: References in Text
text: Section 7536 of this title, referred to in subsec. (d)(1)(C), was omitted from the Code.
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–458, § 7104(e)(1)(B), substituted “any other” for “section 512 of Public Law 107–115 or any other similar” in introductory provisions.
Subsec. (a)(3)(A)(i). Pub. L. 108–458, § 7104(j)(1)(A), substituted “promote alternatives to poppy cultivation, including the introduction of high value crops that are suitable for export and the provision of appropriate technical assistance and credit mechanisms for farmers,” for “establish crop substitution programs,”.
Subsec. (a)(3)(A)(ii). Pub. L. 108–458, § 7104(j)(1)(B), inserted “, and to create special counternarcotics courts, prosecutors, and places of incarceration” before semicolon at end.
Subsec. (a)(3)(A)(iii). Pub. L. 108–458, § 7104(j)(1)(C), inserted before semicolon at end “, in particular, notwithstanding section 2420 of this title, by providing non-lethal equipment, training (including training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments, during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting units”.
Subsec. (a)(3)(A)(vi). Pub. L. 108–458, § 7104(j)(1)(D)–(F), added cl. (vi).
Subsec. (a)(4)(M). Pub. L. 108–458, § 7104(f)(3), added subpar. (M).
Subsec. (a)(5). Pub. L. 108–458, § 7104(f)(2), amended heading and text of par. (5) generally, substituting provisions relating to education, the rule of law, and related issues, for provisions relating to reestablishment of Afghanistan as a viable nation-state.
Subsec. (a)(7)(A)(xii). Pub. L. 108–458, § 7104(k)(2), substituted “Afghan Independent” for “National”.
Subsec. (d). Pub. L. 108–458, § 7104(g), added subsec. (d).
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
heading: Plan Required To Promote Security of Afghan Women and Girls
text: Pub. L. 114–328, div. A, title XV, § 1521(c)(2), Dec. 23, 2016, 130 Stat. 2576, provided that:
“(A) In general.—
The Secretary of Defense, with the concurrence of the Secretary of State, shall support, to the extent practicable, the efforts of the Government of Afghanistan to promote the security of Afghan women and girls during and after the security transition process through the development and implementation by the Government of Afghanistan of an Afghan-led plan that should include the elements described in this paragraph.
“(B) Training.—
The Secretary of Defense, with the concurrence of the Secretary of State and working with the NATO-led Resolute Support mission, should encourage the Government of Afghanistan to develop—
“(i) measures for the evaluation of the effectiveness of existing training for Afghan National Security Forces on this issue;
“(ii) a plan to increase the number of female security officers specifically trained to address cases of gender-based violence, including ensuring the Afghan National Police’s Family Response Units have the necessary resources and are available to women across Afghanistan;
“(iii) mechanisms to enhance the capacity for units of National Police’s Family Response Units to fulfill their mandate as well as indicators measuring the operational effectiveness of these units;
“(iv) a plan to address the development of accountability mechanisms for Afghanistan National Army and Afghanistan National Police personnel who violate codes of conduct relating to the human rights of women and girls, including female members of the Afghan National Security Forces;
“(v) a plan to address the development of accountability mechanisms for Afghanistan National Army and Afghanistan National Police personnel who violate codes of conduct relating to protecting children from sexual abuse; and
“(vi) a plan to develop training for the Afghanistan National Army and the Afghanistan National Police to increase awareness and responsiveness among Afghanistan National Army and Afghanistan National Police personnel regarding the unique security challenges women confront when serving in those forces.
“(C) Enrollment and treatment.—
The Secretary of Defense, with the concurrence of the Secretary of State and in cooperation with the Afghan Ministries of Defense and Interior, shall seek to assist the Government of Afghanistan in including as part of the plan developed under subparagraph (A) the development and implementation of a plan to increase the number of female members of the Afghanistan National Army and the Afghanistan National Police and to promote their equal treatment, including through such steps as providing appropriate equipment, modifying facilities, and ensuring literacy and gender awareness training for recruits.
“(D) Allocation of funds.—
“(i) In general.—
Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2017, it is the goal that $25,000,000, but in no event less than $10,000,000, shall be used for—
“(I) the recruitment, integration, retention, training, and treatment of women in the Afghan National Security Forces; and
“(II) the recruitment, training, and contracting of female security personnel for future elections.
“(ii) Types of programs and activities.—
Such programs and activities may include—
“(I) efforts to recruit women into the Afghan National Security Forces, including the special operations forces;
“(II) programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;
“(III) development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;
“(IV) efforts to address harassment and violence against women within the Afghan National Security Forces;
“(V) improvements to infrastructure that address the requirements of women serving in the Afghan National Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
“(VI) support for Afghanistan National Police Family Response Units; and
“(VII) security provisions for high-profile female police and army officers.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 114–92, div. A, title XV, § 1531(c)(2), Nov. 25, 2015, 129 Stat. 1089.
heading: Authority To Establish a Program To Develop and Carry Out Infrastructure Projects in Afghanistan
text: Pub. L. 111–383, div. A, title XII, § 1217, Jan. 7, 2011, 124 Stat. 4393, as amended by Pub. L. 112–81, div. A, title XII, § 1217, Dec. 31, 2011, 125 Stat. 1632; Pub. L. 112–239, div. A, title XII, § 1219, Jan. 2, 2013, 126 Stat. 1991; Pub. L. 113–66, div. A, title XII, § 1215(a), Dec. 26, 2013, 127 Stat. 907; Pub. L. 115–232, div. A, title VIII, § 813(e), Aug. 13, 2018, 132 Stat. 1851, provided that:
“(a) Authority.—
The Secretary of Defense and the Secretary of State are authorized to establish a program to develop and carry out infrastructure projects in Afghanistan in accordance with the requirements of this section.
“(b) Formulation and Execution of Program.—
“(1) In general.—
The Secretary of State and the Secretary of Defense shall jointly develop any project under the program authorized under subsection (a). Except as provided in paragraph (2), the Secretary of State, in coordination with the Secretary of Defense, shall implement any project under the program authorized under subsection (a).
“(2) Exception.—
The Secretary of Defense shall implement a project under the program authorized under subsection (a) if the Secretary of Defense and the Secretary of State jointly determine that the Secretary of Defense should implement the project.
“(c) Types of Projects.—
Infrastructure projects under the program authorized under subsection (a) may include—
“(1) water, power, and transportation projects; and
“(2) other projects in support of the counterinsurgency strategy in Afghanistan.
“(d) Authority in Addition to Other Authorities.—
The authority to establish the program and develop and carry out infrastructure projects under subsection (a) is in addition to any other authority to provide assistance to foreign countries.
“(e) Applicability of Certain Administrative Provisions.—
“(1) In general.—
The administrative provisions of chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) shall apply to funds made available to the Secretary of State for purposes of carrying out infrastructure projects under the program authorized under subsection (a) to the same extent and in the same manner as such administrative provisions apply to funds made available to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
“(2) Gifts, etc.—
The Secretary of Defense and the Secretary of State may accept and use in furtherance of the purposes of this section, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes.
“(f) Funding.—
“(1) In general.—
Subject to paragraph (2), to carry out the program authorized under subsection (a), the Secretary of Defense may use amounts as follows:
“(A) Up to $400,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2012.
“(B) Up to $350,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2013.
“(C) Up to $250,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.
“(2) Limitation.—
The Secretary of Defense may use not more than 50 percent of the amount specified in paragraph (1) for a fiscal year after fiscal year 2011 to carry out the program authorized under subsection (a) until the Secretary of Defense, in consultation with the Secretary of State, submits to the appropriate congressional committees a plan for the allocation and use of funds under the program for such fiscal year, including for each project, or phase of a project, to be initiated during such fiscal year the following:
“(A) An estimate of the financial and other requirements necessary to sustain such project on an annual basis after the completion of such project.
“(B) An assessment whether the Government of Afghanistan is committed to and has the capacity to maintain and use such project after its completion.
“(C) An assessment of the capability of the Afghan National Security Forces (ANSF) to provide security for such project after January 1, 2015, including an estimate of the ANSF force levels, if any, required to secure such project. Such assessment should include the estimated costs of providing security and whether or not the Government of Afghanistan is committed to providing such security.
“(D) A description of any arrangements for the sustainment of such project following its completion if the Government of Afghanistan lacks the capacity (in either financial or human resources) to maintain such project.
“(3) Availability.—
Funds made available by paragraph (1) are authorized to remain available as follows:
“(A) In the case of funds for fiscal year 2011, until September 30, 2012.
“(B) In the case of funds for fiscal year 2012, until September 30, 2013.
“(C) In the case of funds for fiscal year 2013, until September 30, 2014.
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.
“(g) Congressional Notification.—
The Secretary of Defense shall notify the appropriate congressional committees not less than 15 days before obligating or expending funds to carry out a project or transferring funds to the Secretary of State for the purpose of implementing a project under the program authorized under subsection (a). Such notification shall be in writing and contain a description of the details of the proposed project, including—
“(1) a plan for the sustainment of the project; and
“(2) a description of how the project supports the counterinsurgency strategy in Afghanistan.
“(h) Return of Unexpended Funds.—
“(1) In general.—
Any unexpended funds transferred to the Secretary of State for the purpose of implementing a project under the program authorized under subsection (a) shall be returned to the Secretary of Defense if the Secretary of State, in coordination with the Secretary of Defense, determines that the project cannot be implemented for any reason or that the project no longer supports the counterinsurgency strategy in Afghanistan.
“(2) Availability.—
Any funds returned to the Secretary of Defense under this subsection shall be available for use under this section and shall be treated in the same manner as funds not transferred to the Secretary of State.
“[(i) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(e), Aug. 13, 2018, 132 Stat. 1851.]
“(j) Definition.—
In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
“(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.”
[Pub. L. 113–66, div. A, title XII, § 1215(b), Dec. 26, 2013, 127 Stat. 908, provided that: “The amendments made by this section [amending section 1217 of Pub. L. 111–383, set out above] shall take effect on October 1, 2013.”
]
heading: Performance Monitoring System for United States-Led Provincial Reconstruction Teams in Afghanistan
text: Pub. L. 110–417, [div. A], title XII, § 1215, Oct. 14, 2008, 122 Stat. 4632, provided that:
“(a) In General.—
The President, acting through the Secretary of Defense and the Secretary of State, shall develop and implement a system to monitor the performance of United States-led Provincial Reconstruction Teams (PRTs) in Afghanistan.
“(b) Elements of Performance Monitoring System.—
The performance monitoring system required under subsection (a) shall include—
“(1) PRT-specific work plans that incorporate the long-term strategy, mission, and clearly defined objectives required by section 1230(c)(3) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 386), and include plans for developing the capacity of national, provincial, and local government and other civil institutions in Afghanistan to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities; and
“(2) comprehensive performance indicators and measures of progress toward sustainable long-term security and stability in Afghanistan, and include performance standards and progress goals together with a notional timetable for achieving such goals, consistent with the requirements of section 1230(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 388).
“(c) Report.—
Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the President shall submit to the appropriate congressional committees a report on the implementation of the performance monitoring system required under subsection (a).
“(d) Appropriate Congressional Committees Defined.—
In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
“(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.”
heading: Declarations of Policy
text: Pub. L. 108–458, title VII, § 7104(e)(1)(A), Dec. 17, 2004, 118 Stat. 3781, provided that: “Congress reaffirms the authorities contained in title I of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 [7511] et seq.), relating to economic and democratic development assistance for Afghanistan.”
Pub. L. 108–458, title VII, § 7104(f)(1), Dec. 17, 2004, 118 Stat. 3783, provided that: “Congress declares that, although Afghanistan has adopted a new constitution and made progress on primary education, the United States must invest in a concerted effort in Afghanistan to improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university education systems, and to establish new initiatives to increase the capacity of civil society.”
heading: Relief for Afghan Women and Children
text: Pub. L. 107–81, Dec. 12, 2001, 115 Stat. 811, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Afghan Women and Children Relief Act of 2001’.
“SEC. 2. FINDINGS.
“Congress makes the following findings:
“(1) In Afghanistan, Taliban restrictions on women’s participation in society make it nearly impossible for women to exercise their basic human rights. The Taliban restrictions on Afghan women’s freedom of expression, association, and movement deny women full participation in society and, consequently, from effectively securing basic access to work, education, and health care.
“(2) Afghanistan has one of the highest infant (165 of 1000) and child (257 of 1000) mortality rates in the world.
“(3) Only 5 percent of rural and 39 percent of urban Afghans have access to safe drinking water.
“(4) It is estimated that 42 percent of all deaths in Afghanistan are due to diarrheal diseases caused by contaminated food and water.
“(5) Over one-third of Afghan children under 5 years of age suffer from malnutrition, 85,000 of whom die annually.
“(6) Seventy percent of the health care system in Afghanistan is dependent on foreign assistance.
“(7) As of May 1998, only 20 percent of hospital medical and surgical beds dedicated to adults were available for women, and thousands of Afghan women and girls are routinely denied health care.
“(8) Women are forbidden to leave their homes without being escorted by a male relative. This prevents many women from seeking basic necessities like health care and food for their children. Doctors, virtually all of whom are male, are also not permitted to provide certain types of care not deemed appropriate by the Taliban.
“(9) Before the Taliban took control of Kabul, schools were coeducational, with women accounting for 70 percent of the teaching force. Women represented about 50 percent of the civil service corps, and 40 percent of the city’s physicians were women. Today, the Taliban prohibits women from working as teachers, doctors, and in any other occupation.
“(10) The Taliban prohibit [sic] girls and women from attending school. In 1998, the Taliban ordered the closing of more than 100 privately funded schools where thousands of young women and girls were receiving education and training in skills that would have helped them support themselves and their families.
“(11) Of the many tens of thousands of war widows in Afghanistan, many are forced to beg for food and to sell their possessions because they are not allowed to work.
“(12) Resistance movements courageously continue to educate Afghan girls in secrecy and in foreign countries against Taliban law.
“SEC. 3. AUTHORIZATION OF ASSISTANCE.
“(a) In General.—
Subject to subsection (b), the President is authorized, on such terms and conditions as the President may determine, to provide educational and health care assistance for the women and children living in Afghanistan and as refugees in neighboring countries.
“(b) Implementation.—
(1) In providing assistance under subsection (a), the President shall ensure that such assistance is provided in a manner that protects and promotes the human rights of all people in Afghanistan, utilizing indigenous institutions and nongovernmental organizations, especially women’s organizations, to the extent possible.
“(2) Beginning 6 months after the date of enactment of this Act [Dec. 12, 2001], and at least annually for the 2 years thereafter, the Secretary of State shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives describing the activities carried out under this Act and otherwise describing the condition and status of women and children in Afghanistan and the persons in refugee camps while United States aid is given to displaced Afghans.
“(c) Availability of Funds.—
Funds made available under the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107–38) [115 Stat. 220], shall be available to carry out this Act.”