Pub.L. 107-328 Relative to the convening of the first session of the One Hundred Eighth Congress. <> ...

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[[Page 116 STAT. 2797]]

Public Law 107-327
107th Congress

                                 An Act


 
    To authorize economic and democratic development assistance for 
  Afghanistan and to authorize military assistance for Afghanistan and 
                    certain other foreign countries.

<<NOTE: Dec. 4, 2002 -  [S. 2712]>>     Be it enacted by the Senate 
and <<NOTE: Afghanistan Freedom Support Act of 2002.>> House of 
Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION. <<NOTE: 22 USC 
            7501 note.>> 

    (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 areas.
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 Afghanistan 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 assistance to drug traffickers.
Sec. 302. Sense of Congress regarding protecting Afghanistan's 
           President.
Sec. 303. Donor contributions to Afghanistan and reports.

    (c) <<NOTE: 22 USC 7501.>>  Definition.--In this Act, the term 
``Government of Afghanistan'' includes--
            (1) the government of any political subdivision of 
        Afghanistan; and
            (2) any agency or instrumentality of the Government of 
        Afghanistan.

[[Page 116 STAT. 2798]]

 TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

SEC. 101. DECLARATION OF POLICY. <<NOTE: 22 USC 7511.>> 

    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.
            (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. <<NOTE: 22 USC 7512.>> 

    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;

[[Page 116 STAT. 2799]]

            (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, multi-ethnic, 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;
            (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;
            (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. <<NOTE: 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 
                vaccination, therapeutic feeding, maternal child health 
                services, and infectious diseases surveillance and 
                treatment;
                    (D) family tracing and reunification services; and
                    (E) clearance of landmines and other unexploded 
                ordinance.
            (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--

[[Page 116 STAT. 2800]]

                    (A) assistance identified in paragraph (1);
                    (B) assistance to communities, including those in 
                neighboring countries, that have taken in large numbers 
                of refugees in order to rehabilitate or expand social, 
                health, and educational services that may have suffered 
                as a result of the influx of large numbers of refugees;
                    (C) assistance to international organizations and 
                host governments in maintaining security by screening 
                refugees to ensure the exclusion of armed combatants, 
                members of foreign terrorist organizations, and other 
                individuals not eligible for economic assistance from 
                the United States; and
                    (D) assistance for voluntary refugee repatriation 
                and reintegration inside Afghanistan and continued 
                assistance to those refugees who are unable or unwilling 
                to return, and humanitarian assistance to internally 
                displaced persons, including those persons who need 
                assistance to return to their homes, through the United 
                Nations High Commissioner for Refugees and other 
                organizations charged with providing such assistance.
            (3) Counternarcotics efforts.--(A) To assist in the 
        eradication of poppy cultivation, the disruption of heroin 
        production, and the reduction of the overall supply and demand 
        for illicit narcotics in Afghanistan and the region, with 
        particular emphasis on assistance to--
                    (i) eradicate opium poppy, 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 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.

[[Page 116 STAT. 2801]]

            (4) Reestablishment of food security, rehabilitation of the 
        agriculture sector, improvement in health conditions, and the 
        reconstruction of basic infrastructure.--To assist in expanding 
        access to markets in Afghanistan, to increase the availability 
        of food in markets in Afghanistan, to rehabilitate the 
        agriculture sector in Afghanistan by creating jobs for former 
        combatants, returning refugees, and internally displaced 
        persons, to improve health conditions, and assist in the 
        rebuilding of basic infrastructure in Afghanistan, including 
        assistance such as--
                    (A) rehabilitation of the agricultural 
                infrastructure, including irrigation systems and rural 
                roads;
                    (B) extension of credit;
                    (C) provision of critical agricultural inputs, such 
                as seeds, tools, and fertilizer, and strengthening of 
                seed multiplication, certification, and distribution 
                systems;
                    (D) improvement in the quantity and quality of water 
                available through, among other things, rehabilitation of 
                existing irrigation systems and the development of local 
                capacity to manage irrigation systems;
                    (E) livestock rehabilitation through market 
                development and other mechanisms to distribute stocks to 
                replace those stocks lost as a result of conflict or 
                drought;
                    (F) mine awareness and demining programs and 
                programs to assist mine victims, war orphans, and 
                widows;
                    (G) programs relating to infant and young child 
                feeding, immunizations, vitamin A supplementation, and 
                prevention and treatment of diarrheal diseases and 
                respiratory infections;
                    (H) programs to improve maternal and child health 
                and reduce maternal and child mortality;
                    (I) programs to improve hygienic and sanitation 
                practices and for the prevention and treatment of 
                infectious diseases, such as tuberculosis and malaria;
                    (J) programs to reconstitute the delivery of health 
                care, including the reconstruction of health clinics or 
                other basic health infrastructure, with particular 
                emphasis on health care for children who are orphans;
                    (K) programs for housing (including repairing homes 
                damaged during military operations), rebuilding urban 
                infrastructure, and supporting basic urban services; and

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