[House Report 107-420]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-420
======================================================================
AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
_______
April 25, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
[To accompany H.R. 3994]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 3994) to authorize economic and
democratic development assistance for Afghanistan and to
authorize military assistance for Afghanistan and certain other
foreign countries, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 9
Background and Need for the Legislation.......................... 10
Hearings......................................................... 13
Committee Consideration.......................................... 13
Votes of the Committee........................................... 13
Committee Oversight Findings..................................... 13
New Budget Authority and Tax Expenditures........................ 13
Congressional Budget Office Cost Estimate........................ 13
Performance Goals and Objectives................................. 16
Constitutional Authority Statement............................... 16
Section-by-Section Analysis...................................... 16
New Advisory Committees.......................................... 20
Congressional Accountability Act................................. 20
Federal Mandates................................................. 20
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Afghanistan
Freedom Support Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definition.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Principles of assistance.
Sec. 104. Authorization of assistance.
Sec. 105. Promoting cooperation in major opium producing regions of
Afghanistan.
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 instrumentality of the Government of
Afghanistan.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE 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 institutions in Afghanistan
and the establishment of a new broad-based, multi-ethnic,
gender-sensitive, and fully representative government in
Afghanistan.
(2) The United States, in particular, should provide its
expertise to meet immediate humanitarian and refugee needs,
fight the production and flow of illicit narcotics, and aid in
the reconstruction of Afghanistan's agriculture, health care,
and educational systems.
(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
initiatives 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 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 development 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 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
establishment of the new Afghan government in order to achieve
a broad-based, multiethnic, gender-sensitive, fully
representative government freely chosen 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
government is to be organized in the future, as may be decided
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, vocational
training, and women's health programs.
SEC. 103. PRINCIPLES OF ASSISTANCE.
The following principles should guide the provision of assistance
authorized by this title:
(1) Terrorism and narcotics control.--Assistance should be
designed to reduce the likelihood of harm to United States and
other allied forces in Afghanistan and the region, the
likelihood of additional acts of international terrorism
emanating from Afghanistan, and the cultivation, production,
trafficking, and use of illicit narcotics in Afghanistan.
(2) Role of women.--Assistance should increase the
participation of women at the national, regional, and local
levels in Afghanistan, wherever feasible, by enhancing the role
of women in decisionmaking processes, as well as by providing
support for programs that aim to expand economic and
educational 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 increase the capacity of the Afghan people and
institutions to participate in the reconstruction of
Afghanistan.
(4) Stability.--Assistance should encourage the restoration
of security in Afghanistan, including, among other things, the
disarmament, demobilization, and reintegration of combatants,
and the establishment of the rule of law, including the
establishment of a police force and an effective, independent
judiciary.
(5) Coordination.--Assistance should be part of a larger
donor effort for Afghanistan. The magnitude of the
devastation--natural and man-made--to institutions and
infrastructure make it imperative that there be close
coordination and collaboration among donors. The United States
should endeavor to assert its leadership to have the efforts of
international donors help achieve the purposes established by
this title.
SEC. 104. AUTHORIZATION OF ASSISTANCE.
(a) In General.--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.
(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.
(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, 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
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;
(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;
(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 refugees 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 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; and
(K) 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;
(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, and civic education;
(v) support for the activities of the Government 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
governmental institutions, 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 and support
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 levels,
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 available for the purposes of
carrying out a traditional Afghan assembly or ``Loya Jirga''
and for support for national, regional, and local elections and
political party development under subparagraph (A)(x).
(6) Market economy.--To support the 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.
(b) Limitation.--
(1) In general.--Amounts made available to carry out this
title (except amounts made available for assistance under
paragraphs (1) through (3) and subparagraphs (F) through (I) of
paragraph (4) of subsection (a)) may be provided only if--
(A) with respect to assistance for fiscal year
2003, the President first determines and certifies to
Congress that a traditional Afghan assembly or ``Loya
Jirga'' has been convened and has decided on a broad-
based, multiethnic, gender-sensitive, fully
representative transitional authority for Afghanistan;
and
(B) with respect to assistance for fiscal years
2004 and 2005, the President first determines 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 government for Afghanistan.
(2) Waiver.--
(A) In general.--The President may waive the
application of subparagraph (A) or (B) of paragraph (1)
if the President first determines and certifies to
Congress that it is in the vital national interest of
the United States to do so.
(B) Contents of certification.--A certification
transmitted to Congress under subparagraph (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
national interest of the United States by
reason of the failure to exercise the waiver
authority 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, including areas within the Badakshan, Helmand, and
Qandahar provinces with the goal of assisting in the elimination of
poppy cultivation. Assistance under the preceding sentence shall be
provided in coordination with the Government of Afghanistan, in
consultation with the local leaders of such regions, and in
coordination with the counter-narcotics efforts of other donors,
particularly the United Nations 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 assistance under paragraphs (1)
through (3) and subparagraphs (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 vigorously
participate in illicit narcotics suppression activities 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 region. Amounts
withheld from an opium producing region by reason of the
application of the preceding sentence shall be redistributed to
qualifying opium producing 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 determines and certifies to
Congress that it is in the vital national interest of
the United States to do so.
(B) Contents of certification.--A certification
transmitted to Congress under subparagraph (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
national interest of the United States by
reason of the failure to exercise the waiver
authority of subparagraph (A).
(c) Additional Requirement.--The coordinator designated 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 Afghanistan
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 assistance to
Afghanistan;
(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) Additional Requirement.--An individual designated by the
President as coordinator pursuant to subsection (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-Americans.--In providing
assistance authorized by this title, the President should--
(1) maximize the use, to the extent feasible, of the
services of Afghan-Americans who have expertise in the areas
for which assistance is authorized by this title; and
(2) in the awarding of contracts and grants to implement
activities authorized under this title, encourage the
participation of such Afghan-Americans (including organizations
employing a significant number of such Afghan-Americans).
(c) Administrative Expenses.--Not more than 5 percent of the amount
made available to a Federal department or agency to carry out this
title for a fiscal year may be used by the department or agency for
administrative expenses in connection with such assistance.
(d) Monitoring.--
(1) Comptroller general.--The Comptroller General shall
monitor the provision of assistance under this title.
(2) Inspector general of usaid.--
(A) In general.--The Inspector General of the
United States Agency for International Development
shall conduct audits, inspections, and other
activities, as appropriate, associated with the
expenditure of the funds to carry out this title.
(B) Funding.--Not more than $1,500,000 of the
amount made available to carry out this title for a
fiscal year shall be made available to carry out
subparagraph (A).
(e) Congressional Notification Procedures.--Funds made available to
carry out this title may not be obligated until 15 days after
notification of the proposed obligation of the funds has been provided
to the congressional committees specified in section 634A of the
Foreign Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that section.
(f) Authority To Provide Assistance.--Assistance under this title
may be provided notwithstanding any other provision of law.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President to carry out this title $200,000,000 for fiscal year 2002,
$300,000,000 for each of the fiscal years 2003 and 2004, and
$250,000,000 for fiscal year 2005. Amounts authorized to be
appropriated pursuant to the preceding sentence for fiscal year 2002
are in addition to amounts otherwise available for assistance for
Afghanistan.
(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
purposes, including, with respect to food assistance under
section 104(a)(1), funds available under title II of the
Agricultural Trade Development and Assistance Act of 1954, the
Food for Progress Act of 1985, and section 416(b) of the
Agricultural Act of 1949.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
It is the sense of Congress that, during the transition to a broad-
based, multi-ethnic, gender-sensitive, fully 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;
(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.
(a) Types of Assistance.--
(1) In general.--(A) To the extent that funds are
appropriated in any fiscal year for the purposes of this Act,
the President may provide, on such terms and conditions as he
may determine, defense articles, defense services, counter-
narcotics, crime control and police training services, and
other support (including training) to the Government of
Afghanistan.
(B) To the extent that funds are appropriated in any fiscal
year for these purposes, the President may provide, on such
terms and conditions as he may determine, defense articles,
defense services, and other support (including training) to
eligible foreign countries and eligible international
organizations.
(C) The assistance authorized under subparagraph (B) shall
be used for directly supporting the activities described in
section 203.
(2) Drawdown authority.--The President is authorized to
direct the drawdown of defense articles, defense services, and
military education and training for the Government of
Afghanistan, eligible foreign countries, and eligible
international organizations.
(3) Authority to acquire by contract or otherwise.--The
assistance authorized under paragraphs (1) and (2) and under
Public Law 105-338 may include the supply of defense articles,
defense services, counter-narcotics, crime control and police
training services, other support, and military education and
training that are acquired by contract or otherwise.
(b) Amount of Assistance.--The aggregate value (as defined in
section 644(m) of the Foreign Assistance Act of 1961) of assistance
provided under subsection (a)(2) may not exceed $300,000,000, provided
that such limitation shall be increased by any amounts appropriated
pursuant to the authorization of appropriations in section 204(b)(1).
SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS.
A foreign country or international organization shall be eligible
to receive assistance under section 202 if such foreign country or
international organization is participating in or directly supporting
United States military activities authorized under Public Law 107-40 or
is participating in military, peacekeeping, or policing operations in
Afghanistan aimed at restoring or maintaining peace and security in
that country, except that no country the government of which has been
determined by the Secretary of State to have repeatedly provided
support for acts of international terrorism under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) shall
be eligible to receive assistance under section 202.
SEC. 204. REIMBURSEMENT FOR ASSISTANCE.
(a) In General.--Defense articles, defense services, and military
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 under 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
education and training provided under section 202(a)(2).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended, and are in
addition to amounts otherwise available for the purposes
described in this title.
SEC. 205. AUTHORITY TO PROVIDE ASSISTANCE.
(a) Government of Afghanistan.--Assistance to the Government of
Afghanistan under this title may be provided notwithstanding any other
provision of law.
(b) Eligible Foreign Countries and Eligible International
Organizations.--
(1) Authority.--The President may provide assistance under
this title to any eligible foreign country or eligible
international organization notwithstanding any other provision
of law (other than provisions of this title) 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 of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such determination at least 15 days in advance of
providing such assistance.
(2) Notification.--The report described in paragraph (1)
shall include information relating to the type and amount of
assistance proposed to be provided and the actions that the
proposed recipient of such assistance has taken or has
committed to take.
SEC. 206. SUNSET.
The authority of this title shall expire on December 31, 2004.
Purpose and Summary
The Afghanistan Freedom Support Act of 2002 (H.R. 3994), as
reported out of the Committee on International Relations with
two amendments, is intended to promote the reconstruction of an
independent, prosperous and democratic Afghanistan. The goals
and objectives of this legislation are to provide assistance to
the people of Afghanistan for the purposes of alleviating
suffering, aiding recovery, bolstering stability, and promoting
democratic civil government; to provide for the national
security of the United States and other nations by eliminating
Afghanistan as a source of terrorism and instability in the
region; and to provide for the security of the United States
and other nations by reducing the amount of narcotics grown in
or trafficked through Afghanistan.
Specifically, H.R. 3994 authorizes a broad range of
development, economic and security assistance for Afghanistan,
authorizes $1.05 billion in various assistance activities over
4 years, and provides the Administration with great flexibility
to take into account the fluid situation in Afghanistan and the
anticipated variety of needs. Title I of the bill authorizes
assistance to meet urgent humanitarian needs, such as the
provision of food aid and disaster relief, and emphasizes the
need to assist refugees return to their home communities in
Afghanistan when it is safe to do so. Title I also provides for
assistance for reconstruction and rehabilitation of basic
infrastructure and assistance to the civil society and interim
authority in Afghanistan. It underscores the importance of
eradicating poppy cultivation in order to reduce supply and
demand for illicit narcotics in Afghanistan and in the region.
By emphasizing the importance of supporting stability through
employment programs and of improving food security, the health
system, and the agricultural sector, title I endorses the
priority sectors informed by the latest assessments.
Furthermore, title I promotes efforts already underway to
improve the education system and support the transparency,
accountability and participatory nature of governmental
institutions in Afghanistan. Title I establishes only two
conditions for providing assistance to Afghanistan, both with
national interest waivers (and both of which exempt
humanitarian, refugee and human rights assistance): the
Government of Afghanistan must fully support counternarcotics
efforts; and the people of Afghanistan must follow-through on
commitments to peace made in Bonn, Germany in December, 2001.
Title II of bill authorizes the provision of security
assistance to Afghanistan as well as countries and
international organizations supporting the efforts to control
terrorism and improve the security situation in Afghanistan,
primarily through the drawdown of defense articles and
services.
Background and Need for the Legislation
The President has asked Congress to make available funds to
support the reconstruction and development of Afghanistan and
has requested $250 million in emergency supplemental FY2002
appropriations for Afghanistan. This supplemental assistance,
if appropriated by Congress, will be in addition to nearly $300
million in FY2002 funding already announced and allocated from
existing accounts this fiscal year (including from food aid,
development assistance, economic support funds, and other
accounts). The Afghanistan Freedom Support Act provides the
President with this flexibility to address the challenges
ahead, and was drafted with the purpose of increasing the
President's options and authorities.
In addition to food assistance, refugee relief, and other
forms of emergency disaster assistance aimed at saving lives
and alleviating suffering since the beginning of this fiscal
year, the United States has embarked on a wide-ranging
assistance program for Afghanistan including security and
counternarcotics assistance, transition assistance for
Afghanistan's interim government, aid for schools, hospitals
and farms, and support to reestablish the participation of
women and girls in society, education and the workplace.
Afghanistan's full recovery will take years, however, and the
Administration needs to take a long-term perspective in
planning its assistance. It also needs the flexibility and
relative certainty of a dedicated fund for Afghanistan freed of
many of the limitations of the Foreign Assistance Act as well
as the competing demands on foreign assistance funding from
existing accounts.
The United States will be required to maintain strategic
focus in order to overcome the magnitude of poverty,
destruction and economic distress in Afghanistan. Instead of
relying on emergency appropriations, the Committee favors
establishment of a separate account and the appointment of a
single coordinator of assistance. The availability of dedicated
funding for a 4-year period will allow the Administration to
implement a strategic assistance plan for Afghanistan, and the
early establishment of this fund, as authorized by this bill,
will be the first step toward development of a coherent
planning framework.
At a hearing on March 14, 2002, the Committee on
International Relations heard testimony from two witnesses,
Administrator Natsios of the U.S. Agency for International
Development and Under Secretary Larson from the State
Department, on the current assistance needs and challenges in
Afghanistan. The witnesses described the immense needs and the
desperate situation facing the Afghan people face even after
their liberation from the rule of the Taliban. The witnesses
also described the variety of agencies involved, necessarily
so, in securing a peaceful future for Afghanistan. The variety
of departments and agencies involved is staggering.
The U.S. Agency for International Development has been
active in delivering humanitarian assistance continuously since
1997, supporting the work of non-governmental organizations in
delivering life-saving aid to remote villages affected not only
by drought, but also by more than two decades of conflict.
Since the fall of the Taliban, USAID has rapidly increased its
program and presence, and is now equipping Afghanistan's
classrooms and training its teachers, assisting the health
system, exploring opportunities to rehabilitate the agriculture
sector; and supporting the Interim Authority, by providing
technical assistance for the Loya Jirga.
The United Nations and its affiliated specialized agencies,
supported strongly by the food donations and cash funding of
the United States, continues to eradicate poppies and otherwise
fight the trade in illicit drugs, feed hungry people, identify
housing and agriculture solutions, vaccinate Afghan children,
assist the Interim Authority, and provide protection to
refugees and internally displaced persons in Afghanistan and
neighboring countries.
The Department of State also has an important role in
ensuring overall coordination of U.S. assistance plans with
U.S. policy. Beyond its policy coordination and diplomatic
role, several bureaus in the State Department administer
assistance programs or mandates for Afghanistan. Among these is
the Bureau for Population, Refugees and Migration, which is
responsible for refugee protection, assistance and
resettlement. The Bureau for Political-Military Affairs is
responsible for administering part of the United States' mine
action program, specifically assistance to provide equipment
and technical training to civilian demining teams. The Bureau
of International Narcotics and Law Enforcement is in charge of
U.S. counternarcotics efforts in the region and around the
world. The Bureau of Democracy, Human Rights and Labor is also
expected to advance U.S. goals in Afghanistan by funding
programs that promote the respect for human rights and the
development of democratic institutions.
The Defense Department continues its assistance activities
inside Afghanistan, through the use of Civil Affairs teams who
are working side-by-side with Afghan officials at the village-
level to improve infrastructure by rebuilding roads, runways
and schools. Earlier in the campaign, the Defense Department
joined in on the relief mission by airdropping food rations to
needy populations otherwise inaccessible by relief agencies and
the United Nations.
In a recent announcement during the visit of Afghan Interim
Authority Chair Hamid Karzai, Cabinet officials of the Bush
Administration announced additional assistance activities to be
administered by their respective departments: the Department of
Labor, the Department of Health and Human Services, and the
Department of Education. We understand that the Peace Corps,
the Overseas Private Investment Corporation, the Trade
Development Agency, and the Export-Import Bank of the United
States each see a role for themselves in Afghanistan.
Furthermore, the Centers for Disease Control and Prevention,
the U.S. Department of Agriculture, and the Treasury Department
each have their own roles and programs in Afghanistan, either
in the field or here in Washington.
A coordinator is clearly needed to ensure unity of effort
among various agencies of the United States Government, as well
as coordination of our strategy with other donors and with the
United Nations. The Committee encourages the Administration to
identify a coordinator who can develop and consult with
Congress a coherent assistance strategy that covers all facets
of aid contemplated and authorized in this bill.
The bill provides that the United States should give high
priority to drug control activities. Neither the Afghan
government, the United States, nor the international community
had planned, at the time the bill was marked up, to provide
significant assistance to areas where opium is being grown.
Afghanistan has in recent years been the source of the
great majority of the world's opium. Opium is typically
converted in heroin either in Afghanistan or in nearby
countries. The opium trade helps fund terrorists and results in
untold suffering of addicts and in criminal activity of all
sorts. The Afghan government has declared its commitment to
suppress the cultivation of opium and trafficking in it.
However, it has few resources to translate its policy into
action.
Recognizing that local authorities in various regions of
Afghanistan need incentives to cooperate in narcotics
suppression activities, the Committee's bill provides for
significant United States assistance to be furnished to opium
growing regions. However, such assistance, other than for
humanitarian purposes, is to be transferred away from opium
growing regions where the authorities do not cooperate in
narcotics suppression activities or where, after September 30,
2003, opium is grown other than in de minimus amounts. The
funds are to be redirected to those opium growing regions where
the authorities cooperate on this priority.
The Committee has learned that international agencies are
not taking narcotics control efforts adequately into
consideration in their operations in Afghanistan. The bill
directs the Administration to seek the cooperation of
international organizations in this respect.
The United States has an essential role to play in
Afghanistan's recovery from the horrific conflict and
devastation of the past 30 years. But the Administration needs
a coherent strategy and structure in place in order to achieve
the United States' objectives of eliminating terrorism,
securing the peace, combating drugs, promoting democracy,
delivering aid to those in need, establishing a market economy
including private financial institutions, developing an energy
and telecommunications infrastructure, providing for the
reconstruction of Kabul and other major cities in the country,
and safeguarding the human and civil rights of all,
particularly women and children. This legislation will assist
the Administration to develop a strategic approach to the
assistance needs of Afghanistan. By authorizing a significant,
4-year, flexible fund for the purpose of dealing with the
special situation we find in Afghanistan, this legislation will
give the Administration great flexibility to design and
implement a comprehensive assistance strategy in line with U.S.
priorities and objectives in that troubled country.
Hearings
The Committee held hearings on Afghanistan on November 7,
2001 and March 14, 2002. In November, testimony was received
from Ambassador Peter Tomsen, University of Nebraska; Dr.
Barnett Rubin, New York University; Dr. Elie Krakowski, Johns
Hopkins University; Stephen Philip Cohen, Brookings
Institution; M. Hasan Nouri, International Orphan Care; and
Qayum Karzai, Afghans for Civil Society. At the March hearing,
testimony was received from Andrew S. Natsios, Administrator,
U.S. Agency for International Development; and Alan Larson,
Under Secretary for Economic and Business Affairs, Department
of State.
Committee Consideration
On March 20, 2002, the Committee on International Relations
marked up the bill, H.R. 3994, pursuant to notice, in open
session. The Committee adopted two amendments and, a quorum
being present, agreed by voice vote to a motion offered by
Chairman Hyde to favorably report the bill, as amended, to the
House of Representatives. By unanimous consent the Committee
ordered that the bill be reported in the form of an amendment
in the nature of a substitute reflecting the amendments adopted
in Committee.
Votes of the Committee
There were no recorded votes during the consideration of
the bill.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R.3994, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 16, 2002.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3994, the
Afghanistan Freedom Support Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Joseph C.
Whitehill, who can be reached at 226-2840.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable Tom Lantos,
Ranking Democratic Member.
H.R. 3994--Afghanistan Freedom Support Act of 2002
SUMMARY
H.R. 3994 would authorize economic and military assistance
to the government of Afghanistan for 2002 through 2005. The
bill would authorize the appropriation of $1,050 million for
humanitarian and economic assistance over the 2002-2005 period
and an indefinite amount for military assistance. CBO estimates
that implementing H.R. 3994 would cost $1.2 billion over the
2002-2007 period, assuming the appropriation of the necessary
funds. Because the bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
H.R. 3994 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 3994 is shown in the
following table. This estimate assumes the legislation will be
enacted before July 1, 2002. The estimate also assumes that the
amounts authorized for 2002 would be provided in a supplemental
appropriation by July 1, 2002, and that amounts authorized for
2003, 2004, and 2005 would be provided in annual appropriation
acts by the start of each fiscal year. The costs of this
legislation fall within budget function 150 (international
affairs).
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Afghanistan 320 80 0 0 0 0
Budget Authority/Estimated Authorization Level \1\
Estimated Outlays 268 162 51 12 3 1
Proposed Changes 255 400 400 300 0 0
Estimated Authorization Level
Estimated Outlays 56 189 280 307 235 132
Spending Under H.R. 3994 for Afghanistan 572 480 400 30 0.0 0
Estimated Authorization Level
Estimated Outlays 324 351 331 319 238 133
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year. The estimated authorization level for 2003 is for
food-aid to Afghanistan.
BASIS OF ESTIMATE
In October 2001, the President announced that the United
States would provide $320 million for humanitarian assistance
to the people of Afghanistan out of the Emergency Response Fund
or other appropriations available for 2002. Most of those funds
have been committed to specific activities. H.R. 3994 would
authorize the appropriation of an additional $200 million for
humanitarian and economic assistance in 2002, $300 million a
year in 2003 and 2004, and $250 million in 2005 for similar
purposes. In addition, the bill would authorize the President
to provide military assistance to the government of Afghanistan
including the authority to use $300 million from the resources
of the Department of Defense.
Title I would authorize assistance for urgent humanitarian
needs, assistance for repatriating and resettling refugees and
internally displaced persons, funding for narcotics control
programs, and other economic assistance to establish a viable
nation-state with a market economy. The mix of programs that
might be established to provide this assistance is not
specified in the bill. Rather, the determination of the
programs and spending levels would be left to the President
based on policy choices that have not yet been made. For the
purposes of this estimate, CBO assumes that the amounts
authorized for 2002 are the same as the President's
supplemental request for Afghanistan: $80 million in economic
support, $60 million for international narcotics control and
law enforcement, $40 million in disaster assistance, $20
million for international peacekeeping operations, and $5
million for administrative expenses. In 2003 through 2005, CBO
assumes that the mix of programs will shift from fast-
disbursing humanitarian relief to slower spending economic
assistance.
The bill does not authorize a specific amount for military
assistance in title II, instead the bill would authorize the
President to provide defense articles, defense services, and
military education and training services on such terms and
conditions as he may determine. CBO assumes a funding level for
2002 equal to the President's supplemental request of $50
million for foreign military financing for Afghanistan and
total funding over the four-year period of $300 million, an
amount equal to the drawdown limit set by the bill. CBO
estimated outlays for these programs using historical spending
patterns for similar programs in other countries.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 3994 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
State, local, or tribal governments.
ESTIMATE PREPARED BY:
Federal Costs: Joseph C. Whitehill (226-2840)
Impact on State, Local, and Tribal Governments: Elyse Goldman
(225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Performance Goals and Objectives
The goals and objectives of this legislation are to provide
assistance to the people of Afghanistan for the purposes of
alleviating suffering, aiding recovery, bolstering stability,
and promoting democratic civil government, to provide for the
national security of the United States and other nations by
eliminating Afghanistan as a source of terrorism and
instability in the region, and to provide for the security of
the United States and other nations by reducing the amount of
narcotics grown in or trafficked through Afghanistan.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 18 of the
Constitution (relating to making all laws necessary and proper
for carrying into execution powers vested by the Constitution
in the government of the United States).
Section-by-Section Analysis and Discussion
Section 1. Short Title. Section 1 cites the act as the
``Afghanistan Freedom Support Act of 2002.''
Title I--Economic and Democratic Development Assistance for Afghanistan
Section 101. Declaration of Policy. This section
articulates numerous declarations of Congressional policy on
the special emergency situation in Afghanistan. The United
States and the international community should support efforts
that advance the development of democratic civil society in
Afghanistan, and that the United States, in particular, should
provide its expertise to meet immediate humanitarian and
refugee needs as well as assist Afghan authorities to
reconstruct Afghanistan's agriculture, health and education
systems as well as fight the production and flow of illicit
narcotics. By providing assistance and promoting peace and
security in Afghanistan, the United States can ensure that
Afghanistan never again becomes a source for international
terrorism. The United States should support the objectives
agreed to in December, 2001 in Bonn, Germany by Afghan
representatives who agreed upon the provisional and permanent
establishment of institutions of government. In order to
provide such assistance, 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 assistance for Afghanistan should
be established for this purpose.
Section 102. Purposes of Assistance. This section
articulates in general terms that the purposes of assistance
authorized by title I are to help assure the security of the
United States forces in Afghanistan; to reduce the chance that
Afghanistan will again be a source of international terrorism;
to support continued efforts at addressing humanitarian and
refugee crisis in Afghanistan and the region; to support the
reconstruction of Afghanistan through programs that create
jobs, facilitate clearance of landmines, and rebuild the
agricultural sector, the health care system, and the
educational system of Afghanistan; to enhance and bolster the
capacities of Afghan governmental authorities to control poppy
cultivation and to fight the production and flow of illicit
narcotics; and 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 chosen by the Afghan people.
Section 103. Purposes of Assistance. This section
establishes principles that should undergird the provision of
assistance authorized by title I. These principles are that
assistance should be designed to reduce the likelihood of harm
to United States forces in the region; reduce the likelihood of
additional acts of international terrorism emanating from
Afghanistan; and reduce the cultivation, production,
trafficking, and use of illicit narcotics in Afghanistan.
Assistance should increase the participation of women at all
levels, wherever feasible by expanding economic and educational
opportunity for women. Such assistance should build upon Afghan
traditions and practices, and should encourage the restoration
of security in Afghanistan, including among other things, the
disarmament, demobilization, and reintegration of combatants,
and the establishment of the rule of law. All assistance should
be part of a larger donor effort, and should be fully
coordinated with other donors while the United States asserts
its leadership to have the efforts of international donors help
achieve the purposes established by title I.
Section 104. Authorization of Assistance. This section
authorizes six different general categories of assistance
(urgent humanitarian needs, repatriation and resettlement of
refugees and internally displaced persons; counternarcotics
efforts; reestablishment of food security, rehabilitation of
the agriculture sector, and improvement in health conditions;
reestablishment of Afghanistan as a viable nation-state; and
promotion of market economy). It provides (subject to a
national interest waiver) that if the essentials of the Bonn
Process are not followed, non-humanitarian aid may not be
provided under title I.
The Committee notes the extensive history of The Asia
Foundation's presence in Afghanistan. The Foundation had
offices and programs in Afghanistan for 26 years prior to the
Soviet incursion of 1979, and thereafter continued its
operations in Peshawar through the 1990's. Currently, the
Foundation is providing immediate assistance to the interim
Afghan government, notably to the Ministries of Women's
Affairs, Higher Education, and Foreign Affairs.
The Committee urges allocation of sufficient funding for
the Foundation's time-sensitive work in four vital areas:
promoting broad and representative local participation in the
coming Loya Jirga, or National Council; ensuring the
participation of women in that process and in future public and
professional life in Afghanistan, including the maintenance of
Constitutional protection for the rights of women; providing
training to Afghanistan's inexperienced diplomatic corps as it
reenters normal relations with other nations; and
reestablishing an effective system of higher education in
Afghanistan.
Section 105. Promoting Cooperation in Major Opium Producing
Regions of Afghanistan. This section discusses counter-
narcotics in particular (providing that assistance flow to
areas where narcotics are grown so as to support crop
substitution and related programs and conditioning (subject to
a national interest waiver) non-humanitarian assistance
authorized under title I in specific regions where narcotics
are grown on cooperation and performance relative to narcotics
eradication; if assistance is withheld from areas because of
non-cooperation, the assistance is to be distributed to
cooperating areas.)
Section 106. Coordination of Assistance. This section urges
the President to designate a coordinator of assistance and
policy for Afghanistan who, if appointed and confirmed by the
Senate, will have the authority design an overall assistance
and economic cooperation strategy for Afghanistan, ensure
policy and program coordination among agencies of the United
States government in carrying out the policies set forth in
title I, ensuring proper management, implementation, and
oversight by agencies responsible for assistance programs for
Afghanistan, coordinating with other countries and
international organizations, and related functions. (This
provision tracks language found in the Freedom Support Act and
the SEED Act.)
Section 107. Administrative Provisions. This section
includes administrative provisions, including the requirement
for monitoring of assistance activities by the Comptroller
General and the Inspector General of the Agency for
International Development.
Section 108. Authorization of Appropriations. This section
provides an authorization of appropriations totaling $1.05
billion over years 2002-2005.
Title II--Military Assistance for Afghanistan and Certain Other Foreign
Countries and International Organizations
Section 201. Support for Security During Transition in
Afghanistan. This section expresses the sense of Congress that
during the political transition in Afghanistan the United
States should support a number of steps that will contribute to
a secure environment in Afghanistan.
Section 202. Authorization of Assistance. This section
creates several new authorities to provide security assistance
to Afghanistan and to eligible foreign countries and
international organizations. These authorities (including
corresponding authorizations for the appropriation of funds)
are in addition to existing authorities to provide assistance
to such countries and organizations, and any limitations or
restrictions set forth in this title with respect to these new
authorities that do not apply to existing authorities are not
intended to apply to those existing authorities.
Subsection 202(a)(1) authorizes the President to provide,
on such conditions as he may determine and to the extent that
funds are appropriated for this purpose, defense articles,
defense services, and other support (including training) to the
Government of Afghanistan and to eligible foreign countries and
eligible international organizations. In the case of the
Government of Afghanistan, the President is also authorized to
provide counter-narcotics, crime control andpolice training
services.
In the case of eligible foreign countries and eligible
international organizations, assistance provided pursuant to
section 202(a)(1)(B) is to be used for directly supporting the
activities of the recipient that qualify it as an eligible
foreign country or eligible international organization for
purposes of this title. This subsection is intended to
authorize the appropriation of such sums as may be necessary to
carry out this subsection through December 31, 2004.
Subsection 202(a)(2) authorizes the President to direct the
drawdown of defense articles, defense services, and military
education and training for the Government of Afghanistan,
eligible foreign countries, and eligible international
organizations.
Subsection 202(a)(3) provides that assistance authorized
under paragraphs (1) and (2) of subsection 202(a) and under the
Iraq Liberation Act of 1998 may include the supply of defense
articles, defense services, counter-narcotics, crime control
and police training services, other support, and military
education and training that are acquired by contract or
otherwise. The purpose of this provision is to increase the
flexibility available to the President to provide assistance
pursuant to this title, and in particular to increase the
usefulness of the drawdown authority provided under this
section and under the Iraq Liberation Act.
Subsection 202(b) provides that the aggregate value of
assistance provided under the drawdown authority of subsection
202(a)(2) 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
204(b)(1).
Section 203. Eligible Foreign Countries and Eligible
International Organizations. This section provides a definition
of eligible foreign countries and eligible international
organizations for purposes of this title. No country that has
been identified by the Secretary of State as a state sponsor of
terrorism may receive assistance under this title.
Section 204. Reimbursement for Assistance. This section
provides that defense articles, defense services, and military
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 contained in
subsection (b) of this section. Subsection (b) authorizes the
appropriation to the President of such sums as may be necessary
to reimburse the applicable appropriation fund or account for
the value of defense articles, defense services, or military
education and training provided under section 202a)(2).
Section 205. Authority to Provide Assistance. This section
provides that assistance to the Government of Afghanistan under
this title may be provided notwithstanding any other provision
of law. This section further provides that assistance to
eligible foreign countries and eligible international
organizations under this title may be provided notwithstanding
any other provision of law, provided that (1) the President
determines that such assistance is important to the national
security interest of the United States, and (2) notifies the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such determination at least 15 days in advance of
providing such assistance. Such notification shall include
information about the type and amount of assistance proposed to
be provided and the actions of the proposed recipient that
qualify it as an eligible foreign country or eligible
international organization for purposes of this title. The
Committee expects that these notifications will be subject to
the same procedures that apply to Section 634A of the Foreign
Assistance Act.
Section 206. Sunset. This section provides that the
authority of this title shall expire on December 31, 2004.
New Advisory Committees
H.R. 3994 does not establish or authorize any new advisory
Committees.
Congressional Accountability Act
H.R. 3994 does not apply to the legislative branch.
Federal Mandates
H.R. 3994 imposes no Federal mandates.