Afghanistan Freedom Support Act of 2002
PL 107-327 (S.2712), enacted 12/04/2002

PUBLIC LAW 107-327-DEC. 4, 2002 
116 STAT. 2797 
Public Law 107-327 
107th Congress 
An Act 
To authorize economic and democratic development assistance for Afghanistan and 
Dec. 4, 2002 
22 u s e 7501 
note. 
to authorize military assistance for Afghanistan and certain other foreign countries. 
[g 2712] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Afghanistan 
Freedom Support 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION. 
Act of 2002. 
(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. Authorization of assistance. 
Sec. 104. Coordination of assistance. 
Sec. 105. Sense of Congress regarding promoting cooperation in opium producing 
are£is. 
Sec. 106. Administrative provisions. 
Sec. 107. Relationship to other authority. 
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. Congressional notification requirements. 
Sec. 206. Promoting secure delivery of humanitarian and other assistance in Af-
ghanistan and expansion of the International Security Assistance Force. 
Sec. 207. Relationship to other authority. 
Sec. 208. Sunset. 
TITLE III-MISCELLANEOUS PROVISIONS 
Sec. 301. Requirement to comply with procedures relating to the prohibition on as-
sistance to drug traffickers. 
Sec. 302. Sense of Congress regarding protecting Afghanistan's President. 
Sec. 303. Donor contributions to Afghanistan and reports. 
(c) DEFINITION.—In this Act, the term "Government of Afghani- 
22 USC 7501. 
Stan" includes— 
<1) the government of any political subdivision of Afghani-
stan; and 
(2) any agency or instrumentality of the Government of 
Afghanistan. 
116 STAT. 2798 
PUBLIC LAW 107-327—DEC. 4, 2002 
TITLE I—ECONOMIC AND DEMOCRATIC 
DEVELOPMENT ASSISTANCE FOR AF-
GHANISTAN 
22 u s e 7511. 
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 demo-
cratic civil authorities and institutions in Afghanistan and the 
establishment of a new broad-based, multi-ethnic, gender-sen-
sitive, and fully representative government in Afghanistan. 
(2) The United States, in particular, should provide its 
expertise to meet immediate humanitarian and refugee needs, 
fight the production and flow of illicit narcotics, and aid in 
the reconstruction of Afghanistan. 
(3) By promoting peace and security in Afghanistan and 
preventing a return to conflict, the United States and the 
international community can help ensure that Afghanistan does 
not again become a source for international terrorism. 
(4) The United States should support the objectives agreed 
to on December 5, 2001, in Bonn, Germany, regarding the 
provisional arrangement for Afghanistan as it moves toward 
the establishment of permanent institutions and, in particular, 
should work intensively toward ensuring the future neutrality 
of Afghanistan, establishing the principle that neighboring 
countries and other countries in the region do not threaten 
or interfere in one another's sovereignty, territorial integrity, 
or political independence, including supporting diplomatic ini-
tiatives to support this goal. 
•• 
(5) The special emergency situation in Afghanistan, which 
from the perspective of the American people combines security, 
humanitarian, political, law enforcement, and development 
imperatives, requires that the President should receive max-
imum flexibility in designing, coordinating, and administering 
efforts with respect to assistance for Afghanistan and that 
a temporary special program of such assistance should be estab-
lished 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 development of democratic civil authorities and 
institutions in the broader Central Asia region. 
22 u s e 7512. 
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 neigh-
boring countries; 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2799 
(3) to fight the production and flow of ilHcit narcotics, 
to control the flow of precursor chemicals used in the production 
of heroin, and to enhance and bolster the capacities of Afghan 
governmental authorities to control poppy cultivation and 
related activities; 
(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 participation 
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 establish-
ment of the new Afghan government in order to achieve a 
broad-based, multi-ethnic, gender-sensitive, fully representative 
government freely chosen by the Afghan people, without preju-
dice to any decisions which may be freely taken by the Afghan 
people about the precise form in which their government is 
to be organized in the future; 
(7) to support the reconstruction of Afghanistan through, 
among other things, programs that create jobs, facilitate clear-
ance of landmines, and rebuild the agriculture sector, the health 
care system, and the educational system of Afghanistan; 
(8) to provide resources to the Ministry for Women's Affairs 
of Afghanistan to carry out its responsibilities for legal 
advocacy, education, vocational training, and women's health 
programs; and 
(9) to foster the growth of a pluralistic society that promotes 
and respects religious freedom. 
SEC. 103. AUTHORIZATION OF ASSISTANCE. 
22 USC 7513. 
(a) IN GENERAL.—Notwithstanding section 512 of Public Law 
107-115 or any other similar 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 vac-
cination, therapeutic feeding, maternal child health serv-
ices, and infectious diseases surveillance and treatment; 
(D) family tracing and reunification services; and 
(E) clearance of landmines and other unexploded ordi-
nance. 
(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— 
116 STAT. 2800 
PUBLIC LAW 107-327—DEC. 4, 2002 
(A) assistance identified in paragraph (1); 
(B) assistance to communities, including those in neigh-
boring countries, that have taken in large numbers of refu-
gees 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 per-
sons, including those persons who need assistance to return 
to their homes, through the United Nations High Commis-
sioner 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 par-
ticular emphasis 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 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 enti-
ties 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 countemarcotics laws in Afghanistan and limit 
illicit narcotics growth, production, and trafficking in 
Afghanistan; 
(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 dis-
rupt heroin production in Afghanistan and the region; 
(iv) continue the annual opium crop survey and stra-
tegic studies on opium crop planting and farming in 
Afghanistan; and 
(v) reduce demand for illicit narcotics among the people 
of Afghanistan, including refugees returning to Afghani-
stan. 
(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. 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2801 
(4) REESTABLISHMENT OF FOOD SECURITY, REHABILITATION 
OF THE AGRICULTURE SECTOR, IMPROVEMENT IN HEALTH CONDI-
TIONS, AND THE RECONSTRUCTION OF BASIC INFRASTRUCTURE.— 
To assist in expanding access to markets in Afghanistan, to 
increase the availabiUty of food in markets in Afghanistan, 
to rehabihtate 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 mul-
tiplication, 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 develop-
ment 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 pro-
grams 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 res-
piratory infections; 
(H) programs to improve maternal and child health 
and reduce maternal and child mortality; 
(I) programs to improve hygienic and sanitation prac-
tices 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; and 
(L) disarmament, demobilization, and reintegration of 
armed combatants into society, particularly child soldiers. 
(5) REESTABLISHMENT OF AFGHANISTAN AS A VIABLE NATION-
STATE.—(A) To assist in the development of the capacity of 
the Government of Afghanistan to meet the needs of the people 
of Afghanistan through, among other things, support for the 
development 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, with particular emphasis on basic 
education for children who are orphans, with particular 
emphasis on basic education for children; 
116 STAT. 2802 
PUBLIC LAW 107-327—DEC. 4, 2002 
(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 landmine awareness, food security and 
agricultural education, human rights awareness, including 
religious freedom, and civic education; 
(v) support for the activities of the Government of 
Afghanistan to draft a new constitution, other legal frame-
works, and other initiatives to promote the rule of law 
in Afghanistan, including the recognition of religious 
freedom in the constitution and other legal frameworks; 
(vi) support to increase the transparency, accoiuit-
ability, and participatory nature of governmental institu-
tions, including programs designed 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 ethnic groups in government 
at national, regional, and local levels; 
(ix) 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; 
(x) support for Afghan and international efforts to 
investigate human rights atrocities committed in Afghani-
stan by the Taliban regime, opponents of such regime, 
and terrorist groups operating in Afghanistan, including 
the collection of forensic evidence relating to such atrocities; 
(xi) support for national, regional, and local elections 
and political party development; 
(xii) support for the effective administration of justice 
at the national, regional, and local levels, including the 
establishment of a responsible and community-based police 
force; 
(xiii) support for establishment of a central bank and 
central budgeting authority; and 
(xiv) assistance in identifying and surveying key road 
and rail routes essential for economic renewal in Afghani-
stan and the region, support in reconstructing those routes, 
and support for the establishment of a customs service 
and training for customs officers. 
(B) For each of the fiscal years 2003 through 2005, 
$10,000,000 is authorized to be appropriated to the President 
to 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)(xi). 
(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 commer-
cial links with countries in the region and with the United 
States, including policies to— 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2803 
(A) encourage the return of Afghanistan citizens or 
nationals Hving abroad who have marketable and business-
related skills; 
(B) establish financial institutions, including credit 
unions, cooperatives, and other entities providing micro-
enterprise 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 facili-
ties 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 mathe-
matics, science, and languages in their primary cur-
riculum; 
(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 discrimina-
tion in the delivery of humanitarian supplies and serv-
ices; 
(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 Afghani-
stan 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; 
116 STAT. 2804 
PUBLIC LAW 107-327—DEC. 4, 2002 
(xi) to provide women's rights and human rights 
training for military, police, and legal personnel; and 
(xii) to support the National 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 associa-
tion, 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 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 
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 democrat-
ically 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 deter-
mines 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 deter-
mination of the President to waive the application of para-
graph (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 sec-
tion 201 of the Support for East European Democracy (SEED) 
Act of 1989 (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 pursu-
ant to paragraph (1) are authorized to remain available until 
expended. 
22 u s e 7514. 
SEC. 104. COORDINATION OF ASSISTANCE. 
(a) IN GENERAL.—The President is strongly urged to designate, 
within the Department of State, a coordinator who shall be respon-
sible for— 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2805 
(1) designing an overall strategy to advance United States 
interests in Afghanistan; 
(2) ensuring program and policy coordination among agen-
cies of the United States Government in carrying out the poli-
cies set forth in this title; 
(3) pursuing coordination with other countries and inter-
national organizations with respect to assistance to Afghani-
stan; 
(4) ensuring that United States assistance programs for 
Afghanistan are consistent with this title; 
(5) ensuring proper management, implementation, and 
oversight by agencies responsible for assistance programs for 
Afghanistan; and 
(6) resolving policy and program disputes among United 
States Government agencies with respect to United States 
assistance for Afghanistan. 
(b) RANK AND STATUS OF THE COORDINATOR.—The coordinator 
designated under subsection (a) shall have the rank and status 
of ambassador. 
SEC. 105. SENSE OF CONGRESS REGARDING PROMOTING COOPERA- 
22 USC 7515. 
TION IN OPIUM PRODUCING AREAS. 
It is the sense of Congress that the President should— 
(1) to the extent practicable, under such procedures as 
the President may prescribe, withhold United States bilateral 
assistance from, and oppose multilateral assistance to, opium-
producing areas of Afghanistan if, within such areas, appro-
priate cooperation is not provided to the United States, the 
Government of Afghanistan, and international organizations 
with respect to the suppression of narcotics cultivation and 
trafficking, and if withholding such assistance would promote 
such cooperation; 
(2) redistribute any United States bilateral assistance (and 
to promote the redistribution of any multilateral assistance) 
withheld from an opium-producing area to other areas with 
respect to which assistance has not been withheld as a con-
sequence of this section; and 
(3) define or redefine the boundaries of opium producing 
areas of Afghanistan for the purposes of this section. 
SEC. 106. ADMINISTRATIVE PROVISIONS. 
22 USC 7516 
(a) APPLICABLE ADMINISTRATIVE AUTHORITIES.—Except to 
the 
extent inconsistent with the provisions of this title, the administra-
tive 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-AMERICANS.—In pro-
viding 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, encourage the participa-
tion 
of 
such 
Afghan-Americans 
(including 
organizations 
employing a significant number of such Afghan-Americans). 
116 STAT. 2806 
PUBLIC LAW 107-327—DEC. 4, 2002 
(c) DONATIONS OF MANUFACTURING EQUIPMENT; USE OF COL-
LEGES AND UNIVERSITIES.—In providing assistance authorized by 
this title, the President, to the maximum extent practicable, 
should— 
(1) encourage the donation of appropriate excess or obsolete 
manufacturing and related equipment by United 
States 
businesses (including small businesses) for the reconstruction 
of Afghanistan; and 
(2) utilize research conducted by United States colleges 
and universities and the technical expertise of professionals 
within those institutions, particularly in the areas of agriculture 
and rural development. 
(d) ADMINISTRATIVE EXPENSES.—Of the funds made available 
to carry out the purposes of assistance authorized by this title 
in any fiscal year, up to 7 percent may be used for administrative 
expenses of Federal departments and agencies in connection with 
the provision of such assistance. 
(e) MONITORING.— 
(1) COMPTROLLER GENERAL.—The Comptroller 
General 
shall monitor the provision of assistance under this title. 
(2) INSPECTOR GENERAL OF USAID.—The Inspector General 
of the United States Agency for International Development 
shall conduct audits, inspections, and other activities, as appro-
priate, associated with the expenditure of the funds to carry 
out this title. 
(f) PRIORITY FOR DIRECT ASSISTANCE TO THE GOVERNMENT OF 
AFGHANISTAN.—To the maximum extent practicable, assistance 
authorized under this title should be provided directly to the 
Government of Afghanistan (including any appropriate ministry 
thereof). 
22 u s e 7517. 
SEC. 107. RELATIONSHIP TO OTHER AUTHORITY. 
The authority to provide assistance under this title is in addi-
tion to any other authority to provide assistance to the Government 
of Afghanistan. 
22 u s e 7518. 
SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated to 
the President to carry out this title (other than section 103(c)) 
$425,000,000 for each of the fiscal years 2003 through 2006. 
(b) AVAILABILITY.—^Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are— 
(1) authorized to remain available until expended; and 
(2) in addition to funds otherwise available for such pur-
poses, including, with respect to food assistance under section 
103(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. 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2807 
TITLE II—MILITARY ASSISTANCE FOR 
AFGHANISTAN AND CERTAIN OTHER 
FOREIGN 
COUNTRIES AND 
INTER-
NATIONAL ORGANIZATIONS 
SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANI- 
22 USC 7531. 
STAN. 
It is the sense of Congress that, during the transition to a 
broad-based, multi-ethnic, gender-sensitive, fully representative 
government in Afghanistan, the United States should support— 
(1) the development of a civilian-controlled and centrally-
governed standing Afghanistan army that respects human 
rights and prohibits the use of children as soldiers or combat-
ants; 
(2) the creation and training of a professional civilian police 
force that respects human rights; and 
(3) a multinational security force in Afghanistan. 
SEC. 202. AUTHORIZATION OF ASSISTANCE. 
22 USC 7532. 
(a) DRAWDOWN AUTHORITY.— 
(1) IN GENERAL.—The President is authorized to exercise 
his authorities under section 506 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2318) to direct the drawdown of defense 
articles, defense services, and military education and training— 
(A) for the Government of Afghanistan, in accordance 
with this section; and 
(B) for eligible foreign countries, and eligible inter-
national organizations, in accordance with this section and 
sections 203 and 205. 
(2) AUTHORITY TO ACQUIRE BY CONTRACT OR OTHERWISE.— 
The assistance authorized under paragraph (1) may include 
the supply of defense articles, defense services, counter-nar-
cotics, crime control and police training services, other support, 
and military education and training that are acquired by con-
tract 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) may not exceed $300,000,000, except 
that such limitation shall be increased by any amounts appropriated 
pursuant to the authorization of appropriations in section 2()4(b)(l) 
and shall not count toward any limitation contained in section 
506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318). 
SEC 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTER- 
22 USC 7533. 
NATIONAL ORGANIZATIONS. 
(a) IN GENERAL.—Except as provided in subsection (b), a foreign 
country or international organization shall be eligible to receive 
assistance under section 202 if— 
(1) such country or organization is participating in military, 
peacekeeping, or policing operations in Afghanistan aimed at 
restoring or maintaining peace and security in that country; 
and 
(2) such assistance is provided specifically for such oper-
ations in Afghanistan. 
116 STAT. 2808 
PUBLIC LAW 107-327—DEC. 4, 2002 
(b) EXCEPTION.—No country the government of which has been 
determined by the Secretary of State to have repeatedly engaged 
in gross violations of human rights, or provided support for acts 
of international terrorism under section 620A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2371), section 6(j)(l) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)(l)), or section 
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) shall 
be eligible to receive assistance under section 202. 
22 u s e 7534 
SEC. 204. REIMBURSEMENT FOR ASSISTANCE. 
(a) IN GENERAL.—Defense articles, defense services, and mili-
tary education and training provided under section 202(a)(2) shall 
be made available without reimbursement to the Department of 
Defense except to the extent that funds are appropriated pursuant 
to the authorization of appropriations in subsection (b)( 1). 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(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 pursuant to the 
authorization of appropriations under paragraph (1) are in addi-
tion to amounts otherwise available for the purposes described 
in this title. 
22 u s e 7535. 
SEC. 205. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 
(a) AUTHORITY.—The President may provide assistance under 
this title to any eligible foreign country or eligible international 
organization if the President determines that such assistance is 
important to the national security interest of the United States 
and notifies the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Committee on Appro-
priations of the Senate of such determination at least 15 days 
in advance of providing such assistance. 
Reports. 
(b) NOTIFICATION.—The report described in subsection (a) shall 
be submitted in classified and unclassified form and 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. 
22 u s e 7536. 
SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND 
OTHER ASSISTANCE EN AFGHANISTAN AND EXPANSION OF 
THE INTERNATIONAL SECURITY ASSISTANCE FORCE. 
(a) FINDINGS.—Congress finds the following: 
(1) The President has declared his view that the United 
States should provide significant assistance to Afghanistan so 
that it is no longer a haven for terrorism. 
(2) The delivery of humanitarian and reconstruction assist-
ance from the international community is necessary for the 
safe return of refugees and is critical to the future stability 
of Afghanistan. 
(3) Enhanced stability in Afghanistan through an improved 
security environment is critical to the functioning of the Govern-
ment of Afghanistan and the traditional Afghan assembly or 
"Loya Jirga" process, which is intended to lead to a permanent 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2809 
national government in Afghanistan, and also is essential for 
the participation of women in Afghan society. 
(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, create an insecure, volatile, and unsafe environ-
ment in parts of Afghanistan, displacing thousands of Afghan 
civilians from their local communities. 
(5)(A) On July 6, Vice President Haji Abdul Qadir was 
assassinated in Kabul by unknown assailants. 
(B) On September 5, 2002, a car bomb exploded in Kabul 
killing 32 and injuring 150 and on the same day a member 
of Kandahar Governor Sherzai's security team attempted to 
assassinate President Karzai. 
(6) The violence and lawlessness may jeopardize the "Loya 
Jirga" process, undermine efforts to build a strong central 
government, severely impede reconstruction and the delivery 
of humanitarian assistance, and increase the likelihood that 
parts of Afghanistan will once again become safe havens for 
al-Qaida, Taliban forces, and drug traffickers. 
(7) The lack of security and lawlessness may also perpet-
uate the need for United States Armed Forces in Afghanistan 
and threaten the ability of the United States to meet its military 
objectives. 
(8) The International Security Assistance Force in Afghani-
stan, currently led by Turkey, and composed 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. 
(9) Due to the ongoing military campaign in Afghanistan, 
the United States does not contribute troops to the Inter-
national Security Assistance Force but has provided support 
to other countries that are doing so. 
(10) The United States is providing political, financial, 
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 
meeting the immediate security needs of Afghanistan. 
(11) Because of these immediate security needs, the 
Government of Afghanistan, its President, Hamid Karzai, and 
many Afghan regional leaders have called for the International 
Security Assistance Force, which has successfully brought sta-
bility to Kabul, to be expanded and deployed throughout the 
country, and this request has been strongly supported by a 
wide range 
of international 
humanitarian 
organizations, 
including the International Committee of the Red Cross, 
Catholic Relief Services, and Refugees International. 
(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, fur-
ther the rule of law and civil order, and support ,the formation 
of a functioning, representative Afghan national government. 
(c) IMPLEMENTATION OF STRATEGY.— 
Deadlines. 
(1) INITIAL REPORT.—Not later than 60 days after the date President. 
of the enactment of this Act, the President shall provide the 
116 STAT. 2810 
PUBLIC LAW 107-327—DEC. 4, 2002 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on Appropria-
tions of the Senate with— 
(A) a strategy for meeting the immediate and long-
term 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 functioning, 
representative Afghan national government, including an 
update to the strategies submitted pursuant to Public Law 
107-206; and 
(B) a description of 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. 
Reports. 
(2) IMPLEMENTATION OF STRATEGY.—Every 6 months after 
the enactment of this Act through January 1, 2007, the Presi-
dent shall submit to the congressional committees specified 
in paragraph (1) a report on the implementation of the strate-
gies for meeting the immediate and long-term security needs 
of Afghanistan, which shall include the following elements— 
(A) since the previous report, the progress in recruiting, 
training, and deploying an Afghan National Army and 
police force, including the numbers and ethnic composition 
of recruits; the number of graduates from military and 
police training; the numbers of graduates retained by the 
Afghan National Army and police forces since the previous 
report; the numbers of graduates operationally deployed 
and to which areas of the country; the degree to which 
these graduates are assuming security responsibilities; 
whether Afghan army and police units are establishing 
effective central governmental authority over areas of the 
country, and which areas; and the numbers of instances 
of armed attacks against Afghan central governmental offi-
cials. United States or international officials, troops or 
aid workers, or between the armed forces of regional 
leaders; 
(B) the degree to which armed regional leaders are 
cooperating and integrating with the central government, 
providing security and order within their regions of influ-
ence, engaging in armed conflict or other forms of competi-
tion that are deleterious to peace, security, and the integra-
tion of a unified Afghanistan under the central government; 
(C) the amount of humanitarian relief provided since 
the previous report to returnees, isolated populations and 
other vulnerable groups, as well as demining assistance 
and landmine survivors rehabilitation; and the numbers 
of such persons not assisted since the previous report; 
(D) the steps taken since the previous report toward 
national reconstruction, including establishment of the 
ministries and other institutions of the Government of 
Afghaiiistan; 
(E) the numbers of Civil Affairs Teams working with 
regional leaders, as well as the quick impact infrastructure 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2811 
projects undertaken by such teams since the previous 
report; 
(F) efforts undertaken since the previous report to 
rebuild the justice sector, including the establishment of 
a functioning judiciary, a competent bar, reintegration of 
women legal professionals and a reliable penal system, 
and the respect for human rights; and 
(G) a description of the progress of the Government 
of Afghanistan with respect to the matters described in 
paragraph (1)(B). 
(d) EXPANSION OF THE INTERNATIONAL SECURITY ASSISTANCE 
FORCE.— 
(1) SENSE OF CONGRESS.—Congress urges the President, 
in order to fulfill the objective of establishing security in 
Afghanistan, to take all appropriate measures to assist Afghani-
stan in establishing a secure environment throughout the 
country, including by— 
(A) sponsoring in the United Nations Security Council 
a resolution authorizing an expansion of the International 
Security Assistance Force, or the establishment of a similar 
security force; and 
(B) enlisting the European and other allies of the 
United States to provide forces for an expansion of the 
International Security Assistance Force in Afghanistan, or 
the establishment of a similar security force. 
(2) AUTHORIZATION 
OF APPROPRIATIONS.~(A) There is 
authorized to be appropriated to the President $500,000,000 
for each of fiscal years 2003 and 2004 to support the Inter-
national Security Assistance Force or the establishment of a 
similar security force. 
(B) Amounts made available under subparagraph (A) may 
be appropriated pursuant to chapter 4 of part II of the Foreign 
Assistance Act of 1961, section 551 of such Act, or section 
23 of the Arms Export Control Act. 
(C) Funds appropriated pursuant to subparagraph (A) shall 
be subject to the notification requirements under section 634A 
of the Foreign Assistance Act of 1961. 
SEC. 207. RELATIONSHIP TO OTHER AUTHORITY. 
22 USC 7537. 
(a) ADDITIONAL AUTHORITY.—The authority to provide assist-
ance under this title is in addition to any other authority to provide 
assistance to the Government of Afghanistan. 
(b) LAWS RESTRICTING AUTHORITY.—^Assistance under this title 
to the Government of Afghanistan may be provided notwithstanding 
section 512 of Public Law 107-115 or any similar provision of 
law. 
SEC. 208. SUNSET. 
Expiration date. 
99 i m p V^^ft 
The authority of this title shall expire after September 30, 
2006. 
116 STAT. 2812 
PUBLIC LAW 107-327—DEC. 4, 2002 
TITLE III—MISCELLANEOUS 
PROVISIONS 
22 use 7551. 
SEC. 301. REQUIREMENT TO COMPLY WITH PROCEDURES RELATING 
TO THE PROHIBITION ON ASSISTANCE TO DRUG TRAF-
FICKERS. 
Assistance provided under this Act shall be subject to the 
same provisions as are applicable to assistance under the Foreign 
Assistance Act of 1961 and the Arms Export Control Act under 
section 487 of the Foreign Assistance Act of 1961 (relating to 
the prohibition on assistance to drug traffickers; 22 U.S.C. 2291f), 
and the applicable regulations issued under that section. 
22 use 7552. 
SEC. 302. SENSE OF CONGRESS REGARDING PROTECTING AFGHANI-
STAN'S PRESIDENT. 
It is the sense of Congress that— 
(1) any United States physical protection force provided 
for the personal security of the President of Afghanistan should 
be composed of United States diplomatic security, law-enforce-
ment, or military personnel, and should not utilize private 
contracted personnel to provide actual physical protection serv-
ices; 
(2) United States allies should be invited to volunteer 
active-duty military or law enforcement personnel to participate 
in such a protection force; and 
(3) such a protection force should be limited in duration 
and should be succeeded by qualified Afghan security forces 
as soon as practicable. 
22 use 7553. 
SEC. 303. DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS. 
(a) FINDINGS.—The Congress finds that inadequate amounts 
of international assistance promised by donor states at the Tokyo 
donors conference and elsewhere have been delivered to Afghani-
stan, imperiling the rebuilding and development of civil society 
and infrastructure, and endangering peace and security in that 
war-torn country. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the United States should use all appropriate diplomatic means 
to encourage all states that have pledged assistance to Afghanistan 
to deliver as soon as possible the total amount of assistance pledged. 
(c) REPORTS.— 
(1) IN GENERAL.—The Secretary of State shall submit 
reports to the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate and the Committee 
on International Relations and the Committee on Appropria-
tions of the House of Representatives, in accordance with this 
paragraph, on the status of contributions of assistance from 
Deadlines. 
donor states to Afghanistan. The first report shall be submitted 
not later than 60 days after the date of enactment of this 
Act, the second report shall be submitted 90 days thereafter, 
and subsequent reports shall be submitted every 180 days 
thereafter through December 31, 2004. 
PUBLIC LAW 107-327—DEC. 4, 2002 
116 STAT. 2813 
(2) FURTHER REQUIREMENTS.—Each report, which shall be 
unclassified and posted upon the Department of State's Internet 
website, shall include, by donor country, the total amount 
pledged, the amount delivered within the previous 60 days, 
the total amount of assistance delivered, the type of assistance 
and type of projects supported by the assistance. 
Approved December 4, 2002. 
LEGISLATIVE HISTORY—S. 2712 (H.R. 3994): 
HOUSE REPORTS: No. 107-420 accompanying H.R. 3994 (Comm. on International 
Relations). 
SENATE REPORTS: No. 107-278 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Nov. 14, considered and passed Senate and House. 
99-194 O - 03 -13 : QL 3 Part 4