[DOCID: f:hr170.110]
From the House Reports Online via GPO Access
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-170
======================================================================
AFGHANISTAN FREEDOM AND SECURITY SUPPORT
ACT OF 2007
_______
May 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Lantos, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2446]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 2446) to reauthorize the Afghanistan Freedom Support
Act of 2002, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
TABLE OF CONTENTS
Page
Summary.......................................................... 2
Background and Purpose........................................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Votes of the Committee........................................... 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 8
Constitutional Authority Statement............................... 8
New Advisory Committees.......................................... 8
Congressional Accountability Act................................. 8
Earmark Identification........................................... 8
Section-by-Section Analysis and Discussion....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 21
Exchange of Letters--Armed Services Committee and Foreign Affairs
Committee...................................................... 48
Summary
H.R. 2446, the Afghanistan Freedom and Security Support Act
of 2007, reaffirms the United States' long-term commitment to
support Afghanistan in its transition from 30 years of civil
war, violence, and occupation to a stable, prosperous
democratic state at peace with its neighbors. The bill
reauthorizes programs created by the Afghanistan Freedom
Support Act of 2002 (AFSA), creates a new focus on counter-
narcotics in light of the rampant growth of poppy production
and the deteriorating situation in the country, and provides
for enhanced oversight of United States strategy and
performance. Title I provides for the policy, purposes,
authorization, certification, monitoring and evaluation, and
coordination of economic and development assistance. Title II
offers amendments to AFSA in the areas of authorizations of
security assistance, and matters relating to the International
Security Assistance Force (ISAF), and counter-drug interdiction
operations. Title III contains provisions that are designed to
update AFSA, to strengthen and broaden the reporting
requirements so that progress can be measured against
established goals and objectives, to require an enhanced
strategy for Afghanistan, and to declare policies to foster
greater regional cooperation.
Background and Purpose
Since September 11, 2001, after over a decade of neglect by
successive Administrations, the United States was compelled to
become engaged in the tragic situation in Afghanistan. After 25
years of civil war, occupation and chaos, Afghanistan, always
one of the world's least developed countries, had become a
fragmented society that provided a safe haven to Osama bin-
Laden and al-Qaeda. The attacks of September 11, 2001 in New
York, Washington D.C., and the fields of Pennsylvania
galvanized the nation into support for Afghan groups opposed to
the cruel Taliban regime, which led to its downfall. Since the
Bonn Compact in December 2001, which established a framework
for orderly transition from the chaotic interregnum to a stable
democratic society, the United States, the United Nations and
the rest of the international community embarked on a
comprehensive assistance program to help facilitate this
transition.
Despite a successful start, including the establishment of
a strong UN mission, the appointment of an interim government
and the legitimate election of a President and a parliament,
and the approval and expansion of the International Security
Assistance Force (ISAF) (later taken over by NATO under a UN
mandate), progress has declined. The Presidential election
proved to be a positive step, but was not, as some believed, a
decisive strategic victory over the remnants of the Taliban
regime that continued to resist the new international
arrangements. Instability has risen, with the Taliban
regrouping outside of Afghanistan and using increasingly deadly
tactics, including the introduction of suicide bombings,
against United States soldiers, NATO troops, Afghan officials
and civilians, and international and Afghan assistance workers.
International assistance workers and projects have been
attacked, undermining the delivery of assistance and increasing
the frustration of the Afghan people over the slow pace of
development and reconstruction. The security climate has the
potential to further compromise reconstruction and relief
efforts by the United States, our allies, and the international
community. In particular, the lack of security and
reconstruction in the south and east of the country has fueled
instability, providing a vacuum for an emboldened Taliban
insurgency, supported by al-Qaeda and other groups. Poppy
cultivation and opium production, which directly supports local
warlords and sustains and finances insurgents, militias, and
terrorist organizations, is increasing at a staggering rate.
Indeed, the narcotics problem in Afghanistan threatens to
overwhelm the country. The modest decreases in opium poppy
cultivation that occurred during the 2004-2005 growing season
were reversed during the 2005-2006 growing season. In that
season, poppy cultivation grew by an estimated 59%--to 165,000
hectares, which produced 6,100 Metric Tons of illicit opium, a
49% increase from the prior season. Approximately 448,000
Afghan families cultivated opium poppy in 2005-2006, a 45%
increase from the previous season, and equal to roughly 2.9
million people, or 12.6% of the Afghan population. Over 500,000
laborers and an unknown number of traffickers, warlords,
insurgents and officials also participate in and benefit from
the drug trade. The risk for Afghanistan to again devolve into
a failed state is increasing.
Congress addressed the issues of concern regarding
Afghanistan by passing the Afghanistan Freedom Support Act of
2002, which established a robust reconstruction program,
mandated a coordinator, provided support to ISAF and gave new
security assistance authorities to the President. In 2004, as a
means to refocus and refine United States policy toward
Afghanistan, the Congress adopted the Afghanistan Freedom
Support Amendments Act as part of legislation implementing the
recommendations of the 9-11 Commission (Public Law 108-458).
This legislation, which first introduced the idea of developing
a long-term strategy and a report on its implementation, was
the last comprehensive review that Congress took toward
Afghanistan, although Congress appropriated increased funding
for reconstruction and the training and equipping of
Afghanistan security forces as it recognized and appreciated
the numerous threats to Afghanistan's security.
The purpose of H.R. 2446 is to demonstrate continued United
States long-term support to the people of Afghanistan as they
struggle to establish a stable and prosperous democratic state.
Title I of the bill adjusts the priorities for our
reconstruction on such growth bottlenecks as energy, continues
United States support for programs to address the terrible
plight faced by Afghan women and girls, ensures that assistance
is directed to provincial and local governments that are not
riddled by corruption, and requires the President to appoint a
high-level interagency coordinator of assistance. Title II
reauthorizes programs to provide the President with authority
to carry out military assistance programs, requires that the
President continue to support Afghan and international counter-
narcotics operations, and enhance those operations, and
provides for additional support to ISAF and for countries that
join ISAF. Title III requires an enhanced strategy for success
and a progress report that tracks the success of such strategy.
It also provides initiatives to improve Pakistan-Afghanistan
cooperation and reauthorizes Radio Free Afghanistan.
The Committee continues to aggressively support counter-
narcotics efforts in Afghanistan due to the role of narcotics
in helping fuel the increasing violence in Afghanistan. There
is an emerging consensus that the opium trade is supporting the
Taliban insurgents and other terrorist groups and, without a
successfully implemented counter-narcotics strategy, our
reconstruction programs in Afghanistan will not succeed. While
the United States military is understandably and rightly
concerned about taking a more active role in counter-narcotics
activities, the Committee believes that the scale of the
problem in Afghanistan and its direct impact on security
requires additional creative thinking. For that reason, the
Committee recommends enhanced civilian interdiction teams with
Afghan and international support that will receive logistical
support, including lift capabilities, from United States and
coalition military forces. While eradication of the poppy crop
is not a mission that the United States can undertake directly
at this time, going after high value targets, destroying drug
labs, and allowing civilian law enforcement to participate in
the second echelon after a raid on sensitive insurgent sites
are missions which the Committee believes need to be undertaken
and supported without reluctance.
The Committee also has been frustrated with the performance
of our NATO allies in the fight to stabilize Afghanistan. While
NATO has agreed to take over ISAF and to commit to an out-of-
area operation, the participation of NATO troops has been
hampered by limited rules of engagement by national forces that
are not required by the NATO decision to embrace ISAF. This has
placed a disproportionate burden on the forces provided by the
United States, United Kingdom, Canada, Denmark, and the
Netherlands, while other countries are deployed in more stable
areas because of limits placed on their operations. These
restrictions are interfering with the ability of the alliance
to take over additional responsibilities, impeding its
effectiveness, and placing a greater burden on Coalition troops
outside of ISAF that are dedicated to confronting the Taliban
and al-Qaeda. H.R. 2446 provides support to increase the
participation of other countries in ISAF, places additional
monitoring requirements on troop contributing countries to
ensure that they are taking a fair share of the burden, and
declares that the United Nations should expand its mandate in
Afghanistan to authorize additional security measures through
and in addition to ISAF.
Finally, H.R. 2446 recognizes that the problems with
Afghanistan are carried out in a regional context. The ability
of the Taliban and other insurgents to enjoy safe haven in
Pakistan-controlled areas destabilizes the region and adds to
the political tension between Afghanistan and Pakistan. H.R.
2446 recognizes that security and stability in Afghanistan will
only be achieved with the support of Pakistan and therefore
authorizes the President to establish a Special Envoy to
coordinate United States policy on bilateral relations between
Afghanistan and Pakistan. The Envoy will advise the President
directly on issues of cross-border activities, refugee issues,
economic cooperation, and comprehensive counter-narcotic
strategies. In addition, in an effort to bolster regional
cooperation through confidence building measures, H.R. 2446
encourages Pakistan to permit shipments of reconstruction and
development-related material from India to be transported
through Pakistan territory.
Hearings
The Committee on Foreign Affairs held a Full Committee
Hearing on ``Afghanistan on the Brink: Where do we go from
here?'' on February 15, 2007. The Subcommittee on the Middle
East and South Asia held a hearing on ``A Regional Overview of
South Asia'' on March 7, 2007.
Committee Consideration
The Committee marked up H.R. 2446 on May 23, 2007, and
favorably reported the bill to the House, by voice vote, a
quorum being present.
Votes of the Committee
There were no recorded votes held on H.R. 2446.
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
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 30, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2446, the
Afghanistan Freedom and Security Support Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sam
Papenfuss, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 2446--Afghanistan Freedom Security Support Act of 2007
SUMMARY
H.R. 2446, through amendments to the Afghanistan Freedom
Support Act of 2002, would authorize the appropriation of about
$2 billion a year for economic and military assistance to the
government of Afghanistan for fiscal years 2008 through 2010.
By comparison, the recently enacted 2007 emergency supplemental
appropriations act, H.R. 2206, provided an estimated $685
million for economic and military assistance to Afghanistan for
2007.
CBO estimates that implementing H.R. 2446 would cost $719
million in 2008, and almost $5.8 billion over the 2008-2012
period, assuming appropriation of the estimated amounts.
Enacting the bill would not affect direct spending or receipts.
H.R. 2446 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. 2446 is shown in the
following table. The costs of this legislation fall within
budget functions 050 (national defense) and 150 (international
affairs).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law 685 0 0 0 0 0
Budget Authority \1\
Estimated Outlays 581 443 210 125 64 31
Proposed Changes 0 1,745 1,745 1,745 0 0
Economic and Development Assistance
Authorization Level
Estimated Outlays 0 614 1,287 1,533 1,039 412
Military and Other Assistance 0 325 325 325 0 0
Estimated Authorization Level
Estimated Outlays 0 105 225 284 199 89
Total Changes 0 2,070 2,070 2,070 0 0
Estimated Authorization Level
Estimated Outlays 0 719 1,512 1,817 1,238 501
Spending Under H.R. 2446 685 2,070 2,070 2,070 0 0
Estimated Authorization Level \1\
Estimated Outlays 581 1,162 1,722 1,942 1,302 532
----------------------------------------------------------------------------------------------------------------
\1\ The 2007 level is the estimated amount appropriated for aid to Afghanistan in that year.
BASIS OF ESTIMATE
H.R. 2446 would authorize the appropriation of more than
$1.7 billion a year for humanitarian and economic assistance
and $320 million a year for military assistance. In addition,
the bill would authorize the appropriation of such sums as may
be necessary for the operation of Radio Free Afghanistan. For
the purposes of this estimate, CBO assumes that the bill will
be enacted before the start of fiscal year 2008. Additionally,
CBO estimates that spending for all programs authorized in this
bill will follow historical spending patterns for similar
programs.
Economic and Development Assistance
Title I would authorize the appropriation of more than $1.6
billion a year for the 2008-2010 period for economic and
development assistance. Those funds could be used for
humanitarian assistance, economic development including
reconstruction, and programs related to political and social
issues, such as anticorruption efforts and assistance for
women.
In addition to the general authorization above, Title I
also would authorize the appropriation of specific amounts over
the 2008-2010 period for the following programs:
<bullet> L$15 million a year for a contribution to the
United Nations Drug Control Program,
<bullet> L$10 million a year for a pilot program to
promote crop substitution and develop alternatives to
poppy production,
<bullet> L$5 million a year for the Afghan Ministry of
Women's Affairs,
<bullet> L$10 million a year for the Afghan Independent
Human Rights Commission,
<bullet> L$30 million a year for grants to
nongovernmental organizations led by Afghans that would
conduct activities to support women and girls,
including constructing and operating schools,
orphanages, and health care clinics, and
<bullet> L$75 million a year for the purchase of diesel
and other resources to provide electricity to major
Afghan cities over the short term.
Accordingly, CBO estimates that implementing Title 1 would
cost about $600 million in 2008 and almost $4.9 billion over
the 2008-2012 period, assuming appropriation of the authorized
amounts.
Military and Other Assistance
Title II would authorize the President to provide defense
articles, defense services, and military education and training
services to Afghanistan and other countries which participate
in military, peacekeeping, or policing operations in
Afghanistan. Section 201 would authorize the President to use
up to $300 million a year over the 2008-2010 period in funding
for the Department of Defense to provide such goods and
services to those qualified countries assisting in Afghanistan.
Section 203 would authorize the appropriation of $10 million a
year for the President to provide a subsidy of up to five
percent for countries that buy military equipment that would be
used in Afghanistan. Finally, section 213 would authorize the
appropriation of $10 million a year to provide training for
military personnel from other countries that would be deployed
to Afghanistan. CBO estimates that implementing Title II would
cost about $100 million in 2008 and almost $900 million over
the 2008-2012 period, assuming appropriation of the authorized
amounts.
Section 306 would authorize the appropriation of such sums
as may be necessary over the 2008-2010 period for radio
broadcasts to Afghanistan. Under current law, Radio Free
Afghanistan spends $5 million a year to broadcast 12 hours a
day in local languages. Based on information from the
Broadcasting Board of Governors (BBG), CBO estimates BBG would
maintain that level of broadcasting at a cost of $4 million in
2008 and $15 million over the 2008-2012 period, assuming
appropriation of the necessary amounts.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 2446 contains no intergovernmental or private-sector
mandate as defined in UMRA and would not affect the budgets of
state, local or tribal governments.
Performance Goals and Objectives
Pursuant to clause (3)(c) of House rule XIII, upon
enactment of this legislation, assistance programs should be
adjusted to ensure greater focus on the energy sector, programs
that affect women and girls, and counter-narcotics.
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 of the
Constitution.
New Advisory Committees
H.R. 2446 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 2446 does not apply to the Legislative Branch.
Earmark Identification
H.R. 2446 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Section 1. Short Title; Table of Contents.
This section states that the act may be referred to as the
``Afghanistan Freedom and Security Support Act of 2007.'' This
section also provides a table of contents.
Section 2. Findings.
This section contains congressional findings describing the
security, political and development challenges facing
Afghanistan. The findings note that since the liberation of
Afghanistan from the Taliban and al-Qaeda, the country remains
highly unstable and is subject to attacks from remnants of the
Taliban and other insurgent and terrorist groups. It also
details the Government of Afghanistan's support for continued
deployment of international forces and discusses the need for
NATO, which took over international stability operations for
the entire country in October 2006, to show continued
commitment to these operations to defeat the growing insurgency
in Afghanistan.
The findings also highlight the increasing threat to
Afghanistan's stability and security posed by the flourishing
trade of opium, which has fueled funding for insurgent and
terrorist groups, supported illegal activities by the local
militias, and corrupted elements of the national and local
governments in Afghanistan. The findings note that the current
United States counter-narcotics strategy for Afghanistan has
not produced significant results. The findings describe that
the misaligned eradication policy endorsed by the United States
Government has led some adversely-affected Afghan farmers and
villagers to support insurgent groups, including the Taliban.
The findings describe the need for continued commitment
from the United States and the international community to
support the growth of the Afghan economy, the security of the
country through increased assistance to the Afghan army, police
and counter-narcotics forces, and to show a long-term
commitment to support the promotion of democracy and the
protection of human rights in Afghanistan. The findings discuss
the Afghanistan Compact, which supports the Afghan National
Development Strategy, and provides for the international
community's commitment to Afghanistan and the Government of
Afghanistan's commitment to state-building and reform over the
next five years.
The findings also note that the security of Afghanistan is
closely intertwined with those of its regional neighbors and
that success in Afghanistan is dependent on security and
stability in the region. Finally, this section highlights the
recent closure of four Afghan refugee camps in Pakistan and the
deportation of Afghans from Iran that resulted in over 200,000
Afghan refugees returning to Afghanistan in urgent need of
humanitarian services.
Section 3. Definition.
This section provides definitions for use in the act.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Title I authorizes assistance to Afghanistan to support its
economic and democratic development; provides for a
certification and limitation on such assistance in certain
cases; provides for increased monitoring, evaluation, and
coordination of such assistance; and authorizes appropriations
to carry out such assistance.
Section 101. Declaration of Policy
This section amends section 101 of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7511), hereafter referred to as
``AFSA,'' by providing for additional declarations of policy.
This section declares that it is the United States policy: to
continue to work with the Government of Afghanistan and other
friendly countries to ensure that Afghanistan's 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 for the establishment of an
independent and neutral Afghanistan; to continue to demonstrate
a long-term commitment to the people of Afghanistan by
sustained assistance and the continued deployment of United
States troops in Afghanistan with the support of the Government
of Afghanistan; to support efforts that advance the development
of democratic civil authorities and institutions in
Afghanistan's neighboring countries and throughout the Central
Asia and South Asia regions; to support all efforts to fight
corruption in all levels of government in Afghanistan and
assist in promoting an efficient and effective Government of
Afghanistan.
Section 102. Purposes of Assistance.
This section amends section 102 of the AFSA by providing
for additional purposes of assistance: to establish a pilot
program to test the effectiveness of a crop substitution policy
combined with an appropriate offset to encourage legitimate
alternatives to poppy production and to provide practical
information on the measures needed to implement such a policy;
and to provide assistance to the energy sector.
Section 103. Authorization of Assistance.
Subsection (a) amends subsection (a)(1) of section 103 of
the AFSA by providing for continuing humanitarian needs.
Subsection (b) amends subsection (a)(3) of section 103 of
the AFSA by providing for an authorization to assist in the
apprehension of individuals who organize, facilitate, and
profit from the drug trade, and the destruction of drug
laboratories.
Subsection (b) further amends subsection (a)(3) of section
103 of the AFSA by authorizing assistance to establish a pilot
program to test the effectiveness of a crop substitution
combined with an appropriate offset to encourage legitimate
alternatives to poppy production for Afghan poppy farmers
within an area in which poppy production is prevalent. The
Committee intends to better learn and understand the measures
needed to create a successful alternative livelihood program to
transition farmers who currently grow illicit poppy to grow
licit crops. By providing seeds and technical assistance for
alternative crops that have market demand and coupling that
assistance with a offset that would address significantly the
difference in income that farmers would otherwise receive by
selling poppy, the Committee's intent is to test the
effectiveness, utility, and challenges associated with
transitioning Afghan farmers to grow licit crops. Future
alternative livelihood programs in this area could benefit from
the lessons learned from such a pilot program, regardless of
the level of success of this program. Finally, the offset
authorized by this section is not intended to be paid to
farmers who grow both poppy and legitimate crops. It should be
paid to farmers who are growing licit crops only. The Committee
expects that funds for this program will come from funds
appropriated pursuant to the Foreign Assistance Act of 1961.
Subsection (b) also amends subsection (a)(3) of section 103
of the AFSA by authorizing to be appropriated $15,000,000 for
each of the fiscal years 2008 through 2010 to the President for
a contribution to the United Nations Drug Control Program.
Subsection (b) authorizes $10,000,000 for each of the
fiscal years 2008 through 2010 to carry out the crop
substitution pilot program and calls on the President to
transmit a report to the appropriate congressional committees
on the status of the implementation of the pilot program.
Subsection (c) amends subsection (a)(4) of section 103 of
the AFSA by authorizing: increased assistance for credit,
savings, and other financial services, and for farm management
and business advisory services; assistance for programs to
train medical personnel, including doctors, nurses, physicians'
assistants, and midwives; assistance for programs to provide
equipment to primary and secondary clinics and hospitals; and
assistance to rebuild and construct rural and urban roads and
highways.
Subsection (d) amends subsection (a)(5) of section 103 of
the AFSA by adding ``anti-corruption'' in the title of such
subsection. Subsection (d) further amends such subsection by
authorizing assistance to support the implementation of the
Afghan Action Plan on Transitional Justice; and to support land
titling programs and reconciliation of land rights. This
subsection also amends subsection (a)(5) of section 103 of the
AFSA by authorizing anticorruption assistance, including
assistance to improve transparency and accountability, to
increase the participatory nature of governmental institutions,
and to promote other forms of good government and management in
all levels of government in Afghanistan.
Subsection (e) amends subsection (a)(7) of section 103 of
the AFSA by authorizing health, education, human rights,
democratic and other forms of assistance to Afghan women and
girls; and by authorizing assistance to the Afghan Ministry of
Women's Affairs and the Afghan Independent Human Rights
Commission. This subsection authorizes for each of the fiscal
years 2008 through 2010: $5,000,000 to the Afghan Ministry of
Women's Affairs; $10,000,000 to the Afghan Independent Human
Rights Commission; and $30,000,000 for grants to Afghan-led
nongovernmental organizations, including Afghan women-led
nongovernmental organizations.
Subsection (f) amends subsection (a) of section 103 of the
AFSA by adding a new paragraph that authorizes assistance for
energy development and short-term energy supply. This
subsection authorizes assistance to support the development of
local energy sources, new power generation, and energy
transportation; and authorizes assistance to supply short-term
energy resources, such as diesel to secure the delivery of
electricity to major Afghan cities where there is a critical
and immediate need for power. This subsection authorizes, for
each of the fiscal years 2008 through 2010, $75 million to
provide short-term energy assistance. The subsection also
includes a sense of Congress that the Overseas Private
Investment Corporation should increase efforts to promote and
support United States-sponsored private investment in the
energy sector in Afghanistan.
Subsection (g) further amends subsection (a) of section 103
of the AFSA by adding a new paragraph that authorizes
assistance for programs to increase the capacity and improve
the sustainability of Afghan national, provincial, and local
governmental institutions.
Subsections (h) and (i) make other conforming amendments to
section 103 of the AFSA.
Section 104. Certification and Phased-in Limitation on Economic and
Democratic Development Assistance.
This section amends Title I of the AFSA by adding a new
section 104 providing for a certification and phased-in
limitation on economic and democratic development assistance
for Afghanistan.
Subsection (a) requires the President to submit to Congress
not later than October 1, 2008 and each October 1 thereafter a
certification that contains a determination of whether any
senior official of the Government of Afghanistan, at the
provincial or local levels, is engaged in or benefits from the
illicit narcotics trade or is engaged in terrorist or criminal
activities. Such certification must be transmitted in
unclassified form, but may contain a classified annex.
Subsection (b) provides that for fiscal year 2009 and each
subsequent fiscal year, assistance authorized under Title I of
this Act, as amended, or under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), may not be provided to any
provincial or local government of Afghanistan if the President
determines and certifies that for such fiscal year that, based
upon substantiated and credible evidence, one or more senior
officials of the Government of Afghanistan from such provincial
or local government, is engaged in or benefits from the
narcotics trade or is engaged in terrorist or criminal
activities.
The intent of the Committee in section 104(b) is to limit
assistance to Afghan provincial or local governments, much of
which is provided through Provincial Reconstruction Teams, if
the provincial governor, deputy governor, or other official of
similar rank is found to be engaged in or benefiting from
narcotics, terrorist, or criminal activities. It is also the
intent of this Committee that the determination and the
certification referenced in subsection (b) be made in a timely
manner and be based on substantiated and credible evidence.
However, the prohibition does not require that assistance
through non-governmental organizations or other mechanisms be
terminated.
Section 105. Monitoring and Evaluation of Assistance.
This section amends Title I of the AFSA, as amended by
section 104, by adding a new section 105 Subsection (a)
authorizes the President to establish and implement a system to
monitor and evaluate the effectiveness and efficiency of
assistance provided under Title I as amended on a program-by-
program basis to maximize the long-term sustainable development
impact of such assistance.
Subsection (b) requires the President to establish
performance goals for assistance and express such goals in an
objective and quantifiable form; to establish performance
indicators to be used in measuring or assessing the achievement
of such performance goals; and to provide a basis for
recommendations for adjustments to assistance authorized under
Title I as amended by this Act to enhance the impact of such
assistance.
Subsection (c) requires the President to provide assistance
to enhance the capacity of the Government of Afghanistan to
monitor and evaluate programs carried out by Afghan national,
provincial, and local governments.
Subsection (d) authorizes for a fiscal year, not less than
5 percent of such amounts are authorized to be appropriated
under Title I of this Act as amended.
Section 106. Coordination of Assistance.
Subsection (a) contains a congressional finding that the
Coordinator of Assistance position provided for in section 106
of the Afghanistan Freedom Support Act of 2002 (as re-
designated) has not achieved the objectives of an integrated
approach to United States assistance programs for Afghanistan.
Subsection (b) requires the President to appoint, not later
than 90 days after the date of the enactment of this Act, with
the advice and consent of the Senate, a Coordinator who shall
report directly to the President, have the rank of Ambassador,
and not hold any other position in the United States
Government.
Subsection (c) establishes the duties of the Coordinator.
These duties include designing a non-military assistance
strategy in coordination with the heads of relevant United
States departments and agencies; ensuring interagency policy
coordination on assistance and counter-narcotics activities;
pursuing coordination with other countries and international
organizations; coordinating interagency implementation and
oversight for assistance; resolving interagency policy
disputes; and ensuring international coordination on counter-
narcotics and other assistance programs. The Committee believes
that the Coordinator should have the authority to work across
all United States government departments and agencies to
implement a counter-narcotics strategy.
Subsection (d) allows the Coordinator to appoint up to two
deputy coordinators to assist with the duties of the
Coordinator. The Committee expects that any Deputy Coordinators
appointed be assigned with duties in one of the three broad
areas of (1) counter-narcotics, (2) reconstruction and
development, or (3) equipping and training Afghan National
Security Forces.
Subsection (e) repeals Section 106 of the Afghanistan
Freedom Support Act of 2002.
Section 107. Pilot Program for Scholarships to Provide Scholarships to
Afghan Students for Public Policy Internships in the United
States.
Section 107 adds a new Sec. 106 to the AFSA:
Subsection (a) requires the Secretary of State to establish
a pilot program to provide scholarships to undergraduate and
graduate Afghan students for public policy scholarships in the
United States. The Committee expects that the participants of
this program may also include Afghan expatriates residing
outside of Afghanistan.
Subsection (b) declares a sense of Congress that the
program should include 20 participating students for each
fiscal year.
Subsection (c) authorizes the pilot program for fiscal
years 2008, 2009, and 2010.
Section 108. Authorization of Appropriations.
Subsection (a) amends subsection (a) of section 110 of the
Afghanistan Freedom Support Act of 2002 (as re-designated) by
authorizing $1,600,000,000 for each of the fiscal years 2008
though 2010.
Subsection (b) provides for a rule of construction.
Section 109. Clerical Amendment.
This section makes clerical changes to the table of
contents in section 1(b) of the Afghanistan Freedom Support Act
of 2002 (22 U.S.C. 7501 note).
TITLE II--ASSISTANCE FOR A NEW SECURITY FRAMEWORK FOR AFGHANISTAN
SUBTITLE A--AMENDMENTS TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
Section 201. Authorization of Assistance.
Subsection (a) extends the drawdown authority of the
Department of Defense in section 202 of the AFSA and allows a
maximum of $300,000,000 worth of such equipment and services to
be granted in each fiscal year.
Subsection (b) further declares it to be the sense of
Congress that such assistance should promote greater
interoperability between the military forces of the United
States, ISAF and Afghanistan.
Section 202. Congressional Notification Requirements.
Section 202 amends section 206 of the AFSA to make
conforming changes to reflect the Committee on Foreign Affairs'
new name.
Section 203. Matters Relating to the International Security Assistance
Force.
Subsection (a) amends Section 206 of the AFSA by striking
subsection (c) and re-designating subsections (d) and (e) as
(c) and (d), respectively.
Subsection (b) makes technical changes to subsection (c) of
Section 206 of the AFSA.
Subsection (c) amends Section 206 by adding a new arms
sales incentive for countries participating in military
operations in Afghanistan by authorizing the President to
provide a subsidy of up to five percent of the acquisition cost
of United States defense items, if the purchasing nation will
use such items or defense items it already possesses of
comparable quality and quantity, in military operations in
Afghanistan for an extended period of time. This subsection
authorizes $10 million for fiscal years 2008 through 2010 for
such purposes.
Section 204. Sunset.
This section extends the Afghanistan Freedom Support Act of
2002 until 2010.
SUBTITLE B--OTHER MATTERS
Section 211. Counter-narcotics Activities in Afghanistan.
Subsection (a) requires the President, through the
Secretary of Defense, to direct the Armed Forces to support
counter-narcotics interdiction operations in Afghanistan,
consistent with ongoing operational activities. This subsection
also states that such operations will be conducted in
coordination with the Government of Afghanistan and with
support from the United Kingdom and other appropriate
countries. The types of operations shall include intelligence,
surveillance, information sharing, logistical support to the
extent practicable, and training and equipping the Afghan
National Police. It is the intent of the Committee that this
provision requires the President, through the Secretary of
Defense, to authorize the Armed Forces to assist in counter-
narcotics operations, such as those operated by the Drug
Enforcement Administration (DEA) in Afghanistan. The Committee
believes that we need the DEA working with the Department of
Defense (DOD) to establish means for the DEA to participate in
DOD sensitive site exploitation operations where there are
overlapping DOD and DEA targets, or on direct action missions
in where there is a strong likelihood that a targeted anti-
Coalition militant is in direct possession of substantial
amounts of illicit narcotics based on DOD or DEA information.
Subsection (b) requires the President to enhance civilian
counter-narcotics teams, including the existing Afghan National
Interdiction Unit, and that for those teams, support as
described in subsection (a) will be provided.
Subsection (c) allows for counter-narcotics law enforcement
personnel of NATO and other friendly countries to participate
in the teams described in subsection (b) or other counter-
narcotic operations supported by the United States. The
Committee is aware of some concerns about foreign counter-
narcotic police units participating in operations in
Afghanistan and this provision mitigates such concerns.
Subsection (d) requires the President to ensure that
assistance to the Afghan National Police includes vetting
procedures that assess police candidates' aptitudes, skills,
and integrity.
Section 212. Expansion of International Contributions to the Security
of Afghanistan.
Subsection (a) states that it is the policy of the United
States to encourage the Governments of Pakistan and other
friendly Arab countries to increase reconstruction assistance
and diplomatic support for Afghanistan.
Subsection (b) directs the President to encourage the
Governments of Pakistan and Afghanistan to engage in greater
military cooperation to promote greater trust and transparency
between them, including greater communication and coordination
between their respective military, border security, and
counter-narcotic units operating on both sides of the border
between Pakistan and Afghanistan.
Subsection (c) requires a biannual report on the
implementation of subsection (b) until September 30, 2008.
Subsection (d) defines ``appropriate congressional
committees'' for this section to be the Committee on Foreign
Affairs and the Committee on Armed Services in the House and
their corresponding committees in the Senate.
Section 213. Training for Military Personnel of Foreign Countries that
are to be Deployed for Security Operations in Afghanistan.
Section 213 amends Chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) adding a new
``Sec. 550'' to furnish International Military Education and
Training (IMET).
Subsection (a) of the new section 550 authorizes the
President to furnish training for military personnel of foreign
countries that are to be deployed for security operations in
Afghanistan, particularly in the areas of special operations,
counter-insurgency, border security, counter-terrorism, and
counter-narcotics.
Subsection (b) of the new section 550 authorizes
$10,000,000 for each of the fiscal years 2008 through 2010 for
this purpose.
Section 214. Humanitarian Assistance for War Victims.
Subsection (a) provides a Sense of Congress that supports
ongoing programs to provide assistance to families of Afghan
civilians or innocent Afghans who have suffered a serious loss
during military operations carried out by the United States in
Afghanistan.
Subsection (b) requires the President to submit a report on
the feasibility of expanding the program described in
subsection: 1) to assess the provision of assistance to
families who have lost a family member who was their primary
source of income; 2) to examine the potential of providing
assistance in excess of $2,500 to families of Afghan civilians;
and 3) to explore the provision of other payments that may be
required.
Section 215. Sense of Congress Concerning United Nations Mandate in
Afghanistan.
Section 215 declares the sense of Congress that the United
Nations Security Council should expand the United Nations
mandate in Afghanistan to: (1) authorize international civilian
law enforcement missions in Afghanistan as a part of peace
operations of the United Nations in Afghanistan; (2) authorize
the International Security Assistance Force to participate in
counter-drug interdiction operations, consistent with ongoing
operational activities and as opportunities arise, against the
top narcotic traffickers, their operations, and their
infrastructure in Afghanistan, with the concurrence of the
Government of Afghanistan; (3) install effective centralized
authority within the United Nations Special Representative for
Afghanistan such that the international community's political
objectives can be prioritized and communicated directly with
the Government of Afghanistan; and (4) extend the authorization
of the International Security Assistance Force beyond October
13, 2007. Section 215 does not in any way intend nor empower
the United Nations to assume any responsibility for or control
over United States' military, economic, political, counter-
terrorism, counter-narcotics, or humanitarian operations in
Afghanistan.
TITLE III--MISCELLANEOUS PROVISIONS
Section 301. Donor Contributions to Afghanistan and Reports.
This section amends subsection (c)(1) of section 303 of the
AFSA by changing the references from individual committees and
to the appropriate congressional committees, and changing the
date referenced from December 31, 2004 to December 31, 2010.
Section 302. Report on Progress Toward Security and Stability in
Afghanistan.
Subsection (a) amends Title III of the AFSA by amending
section 304 of the Act to provide for a comprehensive review of
the progress being made in Afghanistan. Too often the U.S.
Government is faced with subjective judgments about progress in
Afghanistan or is at the whim of news reports that cannot
present a comprehensive picture. In order to increase oversight
and obtain a more accurate view of the situation in
Afghanistan, H.R. 2446 requires a detailed security report.
Subsection (a) of the new section 304 requires the
President to submit a report no more than 90 days after the
passage of this Act and every 6 months thereafter until
September 30, 2010, on a set of performance indicators and
measures towards political, economic, and military stability.
Subsection (b) of the new section 304 describes the
elements to be included in the report including four main
areas: stability and security; training and performance of
security forces; economic and political stability; and opium
production and counter-narcotics efforts. Listed below are the
key topics to be covered in each of the above areas.
Paragraph (1) includes such key areas as assessment of the
strength of the insurgency, a description of the level of
warlords' and drug kingpins' control in the countryside, a
description of all militias, tribal forces and terrorist and
insurgent groups, and the rules of engagement for ISAF. It is
the Committee's expectation that the key measures of political
stability include objectives at the national, provincial, and
local government levels that must be achieved over the next
year to ensure that all elements of Afghan society support the
elected government in Kabul and to reduce or eliminate support
for insurgent and other hostile groups. For the indicators of a
stable security environment, the Committee expects the number
of engagements to be reported by province. In addition,
subtotals for Afghan forces by the Afghanistan National Army
(ANA), the Afghanistan National Police (ANP), and the Afghan
National Auxiliary Police should be reported, and subtotals for
ISAF by national element should be reported.
Paragraph (2), relating to training and performance of
security forces, requires information on key criteria for
assessing the capability and readiness of the ANA and ANP, the
rates of recruitment, retention and absenteeism of the ANA and
ANP, the number of international advisors needed to support the
security forces, and the requirements for U.S. troop rotation
through fiscal year 2008. The Committee intends that the report
includes the operational readiness status and combat history of
the ANP, Afghan National Auxiliary Police, and any other
security forces supported by ISAF or the Government of
Afghanistan, including the type, number, size, and
organizational structure of each such Afghan security force and
its effectiveness in providing security and police services by
province.
Paragraph (3) relates to the economic and political
stability in Afghanistan including: an estimate of annual
budget and revenue of Government of Afghanistan (GOA); an
estimate of funds pledged by major donors; an assessment of
United States reconstruction assistance programs including
description of efforts to improve monitoring and evaluation, of
completed, ongoing, and future reconstruction programs, of
efforts to improve employment, and of progress in implementing
the Afghanistan National Development Strategy; and key economic
and political indicators, including unemployment levels,
agriculture production, infrastructure construction, education
levels, electricity rates, hunger and poverty levels,
illiteracy rates, medical services and maternal and infant
mortality rates, human rights indicators, measures for
political and religious freedom, women's participation
indicators, and measures of freedom of the press. The Committee
intends that the measures of political freedom include
indicators for anti-corruption programs that meet national
priorities and indicators for effective provincial and local
governance.
Paragraph (4) relates to the key issues of opium production
and counter-narcotics efforts, and includes requirements for an
estimate of the number of hectares of poppy and the amount of
poppy production, giving totals for each province and country-
wide; the number of hectares of poppy eradicated, including
totals by province; the number of counter-narcotics raids on
labs and other facilities; the number of counter-narcotics
raids and other actions on traffickers; the number and
description of Afghan counter-narcotics forces; the number and
description of alternative livelihood programs; the number and
type of NATO and United States assistance provided to Afghan
counter-narcotic teams and the number and type of requests for
assistance by United States and Afghan counter-narcotics teams,
including the Drug Enforcement Administration; and the
assessment of Afghan efforts to extradite suspects including a
list of persons whose extradition has been requested of the
Government of Afghanistan, a determination if the Government of
Afghanistan is making good faith efforts in extradition
processes, and an analysis of any legal obstacles. The
Committee intends that the description of alternative
livelihood programs include a description of where the programs
have been conducted, an assessment of the number of hectares
planted with poppy in the year following such programs, and
their effectiveness in winning popular support and avoiding
efforts that create support for enemies of the Government of
Afghanistan.
Subsection (c) of the new section 304 requires that, to the
extent necessary, the President shall submit an update to the
report described in subsection (a) no later than 90 days after
the previous date of submission.
Subsection (d) of the new section 304 requires the report
in subsection (a) to be submitted in unclassified form but may
include a classified annex.
Subsection (e) of the new section 304 defines appropriate
congressional committees to include the Committees on Armed
Services, Appropriations, and Foreign Affairs of the House of
Representatives; and the Committees on Armed Services,
Appropriations, and Foreign Relations of the Senate.
Section 303. Comprehensive Interagency Strategy for Long-Term Security
and Stability in Afghanistan.
Subsection (a) amends Section 305 of the AFSA by
redesignating section (b) as (c) and inserting subsection (b)
that is described below after subsection (a) in Section 305.
Subsection (b) is titled ``Comprehensive Interagency
Strategy,'' and paragraph (1) requires the President to
formulate a clear, comprehensive, and effective interagency
strategy for long term security and stability in Afghanistan.
Paragraph (2) of the new subsection (b) requires that the
strategy include three main elements, including: Reinvigorated
Reconstruction Activities and Provincial Reconstruction Teams,
Counter-narcotics Strategy, and Sustainability of the
Afghanistan National Security Forces. The Committee expects the
following information from each of the elements:
Subparagraph (a) requires a strategy to reinvigorate
reconstruction activities and Provincial Reconstruction Teams
(PRTs), including a plan to:
(i) implement the Interim Afghanistan National
Development Strategy;
(ii) provide a mechanism for tracking reconstruction
funding;
(iii) provide a mechanism for tracking programs
implemented by PRTs;
(iv) provide a mechanism to enhance interagency
coordination;
(v) enhance monitoring and evaluation of reconstruction
programs;
(vi) identify and implement critical reconstruction
programs;
(vii) increase contributions from ISAF and other
countries;
(viii) improve employment;
(ix) provide a description of efforts to enhance the
capacity of the GOA;
(x) explain the efforts of the GOA to implement
programs;
(xi) increase the number of PRTs;
(xii) clarify a single chain of command of PRTs;
(xiii) increase staffing;
(xiv) incorporate measures to improve effectiveness of
PRTs including an assessment of the adequacy of PRTs in
meeting the overall aid needs of each province and
major area of operations; and
(xv) ensure that a significant amount of material,
financial, and personnel support comes from foreign
sources.
The strategy must also include an element relating to the
U.S. Counter-narcotics Strategy, including a plan to address
the current U.S. five pillar strategy, identify roles and
responsibilities of key U.S. agencies, describe the strategic
direction of U.S. counter-narcotics efforts and describe the
involvement of and coordination with the United Kingdom and
other partners. The Committee also expects that the plan will
include measures to mitigate any programs that result in
popular hostility and support for extremist groups, warlords,
and other elements hostile to the Government of Afghanistan and
ISAF. The Committee believes that any plans to target narcotics
producers and traffickers should have an emphasis on the
leaders of key narcotics organizations and senior Afghan
officials and officers who are involved in such organizations.
A third element of the strategy is to provide a strategy
for the sustainability of the Afghanistan National Security
Forces (ANSF), including a mechanism to track funding for the
ANSF, to provide a description of actions to build effective
Afghan security institutions, and to provide for interagency
and international coordination. The Committee believes that any
mechanism to track funding for the ANSF include the provision
of pay and other benefits to ANSF personnel.
Paragraph (3) of new subsection (b) to section 305 requires
the President to submit an update of the report required in
subsection (c) of the underlying law that contains the strategy
described in paragraph (1) by no later than December 1, 2007.
The Committee intends that the President provide the new
strategy and the report required by the amended section 304
simultaneously so that Congress has the new strategy and a
baseline to measure the new strategy against as it moves
forward. This paragraph also requires the report to be
submitted in unclassified form that may include a classified
annex.
Subsection (b) amends subsection (c) of the AFSA (as
redesignated) by requiring the President to submit an update to
the strategy every 90 days until the end of fiscal year 2010,
as necessary. If no revisions are made during the 90 day
period, a simple one sentence report is all that is required by
this subsection. The amendment also includes adding the
Committees on Armed Services in the House and Senate to the
definition of `appropriate congressional committees.'
Section 304. Special Envoy for Afghanistan-Pakistan Cooperation.
Subsection (a) provides a Statement of Policy that declares
that it is in the national interest of the United States that
Afghanistan and Pakistan work together to address common
challenges.
Subsection (b) establishes that the President is authorized
to appoint a special envoy to promote closer cooperation
between Afghanistan and Pakistan.
Subsection (c) says that the special envoy shall be
appointed with the advice and consent of the Senate, shall have
the rank of Ambassador-at-Large, and may be appointed from
individuals who are officials from the Department of State.
Subsection (d) lays out the duties of the special envoy. In
general, the primary responsibility shall be to coordinate U.S.
policy on bilateral relations between Afghanistan and Pakistan.
The special envoy shall also advise the President and Secretary
of State and shall make recommendations to: (A) stem cross-
border activities; (B) provide assistance to Afghan refugees;
(C) bolster economic cooperation and people-to-people ties; and
(D) offer comprehensive efforts for counter-narcotics
strategies.
Section. 305. Transit Through Pakistan of Shipments by India in Support
of Reconstruction Efforts in Afghanistan.
Subsection (a) is a Statement of Policy to encourage
Pakistan to permit shipments by India of equipment and material
across the territory of Pakistan to Afghanistan in support of
reconstruction and development projects in Afghanistan. This
policy reflects the Committee's desire to bolster regional
cooperation through confidence building measures.
Subsection (b) requires the President to submit a report,
no later than 90 days after the passage of the Act and annually
thereafter, on actions by Pakistan to permit or impede such
shipments. The report would no longer be required if the
President makes the determination that India no longer needs to
make such shipments to Afghanistan.
Section. 306. Reauthorization of Radio Free Afghanistan.
Subsection (a) states that Congress finds that since 2002,
Radio Free Europe/Radio Liberty (RFE/RL) has provided daily
broadcasting services to the people of Afghanistan in Dari and
Pashto; that Radio Free Afghanistan is the leading broadcaster
in Afghanistan; and that it is in the national interest to
continue these broadcasts.
Subsection (b) authorizes such sums as may be necessary for
fiscal years 2008 through 2010 to the Broadcasting Board of
Governors for grants to support 12 hours of daily surrogate
broadcasting services through Radio Free Afghanistan.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
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. 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.]
Sec. 104. Certification and phased-in limitation on United States
economic and democratic development assistance for
Afghanistan.
Sec. 105. Monitoring and evaluation of assistance.
Sec. 106. Pilot program to provide scholarships to Afghan students for
public policy internships in the United States.
Sec. 107. Sense of Congress regarding promoting cooperation in opium
producing areas.
Sec. 108. Administrative provisions.
Sec. 109. Relationship to other authority.
Sec. 110. Authorization of appropriations.
* * * * * * *
TITLE III--MISCELLANEOUS PROVISIONS
* * * * * * *
[Sec. 304. Reports.]
Sec. 304. Report on progress toward security and stability in
Afghanistan.
* * * * * * *
[(c) 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.]
(c) Definitions.--In this Act:
(1) Appropriate congressional committees.--Except
as otherwise provided, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Government of afghanistan.--The term
``Government of Afghanistan'' includes--
(A) the government of any political
subdivision of Afghanistan; and
(B) any agency or instrumentality of the
Government of Afghanistan.
(3) International security assistance force or
isaf.--The term ``International Security Assistance
Force'' or ``ISAF'' means the international security
assistance force established to assist in the
maintenance of security in Afghanistan pursuant to
United Nations Security Council Resolution 1386 (2001),
as amended by United Nations Security Council
Resolutions 1413 (2002), 1444 (2002), 1510 (2003), 1563
(2004), 1623 (2005), and 1707 (2006).
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
SEC. 101. DECLARATION OF POLICY.
Congress makes the following declarations:
(1) * * *
* * * * * * *
[(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.]
(4) While the election of a President and the
establishment of a National Parliament for Afghanistan
concluded the process begun in December 5, 2001, in
Bonn, Germany, the United States needs to continue to
work with the Government of Afghanistan and other
friendly countries to ensure that Afghanistan's
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 for the establishment
of an independent and neutral Afghanistan.
(5) The United States must continue to demonstrate
a long-term commitment to the people of Afghanistan by
sustained assistance and the continued deployment of
United States troops in Afghanistan with the support of
the Government of Afghanistan as Afghanistan continues
on its path toward a broad-based, multi-ethnic, gender-
sensitive, and fully representative government in
Afghanistan.
(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
Afghanistan's neighboring countries and throughout the
Central Asia and South Asia regions.
(7) While rampant corruption has impeded
development and economic growth in Afghanistan and
contributed to insecurity in the country, the United
States should support all efforts to fight corruption
in all levels of government in Afghanistan and assist
in promoting an efficient and effective Government of
Afghanistan.
SEC. 102. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title are--
(1) * * *
(2) to support the continued efforts of the United
States and the international community to address [the
humanitarian crisis] the continuing humanitarian needs
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] heroin, to
enhance and bolster the capacities of Afghan
governmental authorities to control poppy cultivation
and related activities, and to establish a pilot
program to test the effectiveness of a crop
substitution combined with an appropriate offset policy
and to provide practical information on the measures
needed to implement such a policy with the potential of
scaling up the pilot program for large-scale
deployment;
* * * * * * *
(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 energy sector, the health care
system, and the educational system of Afghanistan;
* * * * * * *
SEC. 103. AUTHORIZATION OF ASSISTANCE.
(a) In General.--Notwithstanding any other provision of
law, the President is authorized to provide assistance for
Afghanistan for the following activities:
(1) [Urgent] Continuing humanitarian needs.--To
assist in meeting the [urgent] continuing humanitarian
needs of the people of Afghanistan, including
assistance such as--
(A) * * *
* * * * * * *
(3) Counternarcotics efforts.--(A) [To assist in]
To assist in the apprehension of individuals who
organize, facilitate, and profit from the drug trade,
the eradication of poppy cultivation, the disruption of
heroin production, including the destruction of drug
laboratories, and the reduction of the overall supply
and demand for illicit narcotics in Afghanistan and the
region, with particular emphasis on assistance to--
(i) * * *
* * * * * * *
(B) To establish a pilot program to test the
effectiveness of a crop substitution combined with an
appropriate offset to encourage legitimate alternatives
to poppy production for Afghan poppy farmers within an
area in which poppy production is prevalent, such as in
the Helmand or Nangarhar provinces, by providing--
(i) seeds for alternative crops for which
there is internal market demand and in an areas
in which there is adequate infrastructure for
access to market;
(ii) technical assistance to such Afghan
poppy farmers on how to best plant, grow, and
harvest the alternative crops utilized; and
(iii) an appropriate offset that would
significantly address the difference in income
that such Afghan poppy farmers would otherwise
earn had they continued to grow and sell poppy.
[(B)] (C) For each of the fiscal years [2003
through 2006] 2008 through 2010, $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.]
(ii) For each of the fiscal years 2008
through 2010, $10,000,000 is authorized to be
appropriated to the President to carry out
activities described in subparagraph (B).
(iii) Amounts made available under clauses
(i) and (ii) are in addition to amounts
otherwise available for such purposes.
(D) Not later than 180 days after the date of the
enactment of the Afghanistan Freedom and Security
Support Act of 2007, and every 180 days thereafter
through the end of fiscal year 2010, the President
shall transmit to the appropriate congressional
committees a report on the status of the implementation
of the activities described in subparagraph (B). The
report required by this subparagraph may be included in
the report required by section 304 of this Act.
(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) * * *
[(B) extension of credit;]
(B) increased access to credit, savings,
and other financial services and to farm
management and business advisory services;
* * * * * * *
(K) programs to train medical personnel,
including doctors, nurses, physicians'
assistants, and midwives;
(L) programs to provide equipment to
primary and secondary clinics and hospitals;
[(K)] (M) programs for housing (including
repairing homes damaged during military
operations), rebuilding urban infrastructure,
and supporting basic urban services;
[(L)] (N) disarmament, demobilization, and
reintegration of armed combatants into society,
particularly child soldiers; [and]
[(M)] (O) assistance in identifying and
surveying key road and rail routes that are
essential for economic renewal in Afghanistan
and the region and support for the
establishment of a customs service and training
for customs officers[.]; and
(P) rebuilding and constructing rural and
urban roads and highways, including secondary
and tertiary road systems.
* * * * * * *
(5) Education, the rule of law, anti-corruption,
and related issues.--
(A) * * *
(B) Rule of law.--To assist in the
development of the rule of law and good
governance and reduced corruption in
Afghanistan, including assistance such as--
(i) * * *
* * * * * * *
[(v) support to increase the
transparency, accountability, and
participatory nature of governmental
institutions, including programs
designed to combat corruption and other
programs for the promotion of good
governance, such as the development of
regulations relating to financial
disclosure for public officials,
political parties, and candidates for
public office, and transparent
budgeting processes and financial
management systems;]
[(vi)] (v) support for
establishment of a central bank and
central budgeting authority;
[(vii)] (vi) support for
international organizations that
provide civil advisers to the
Government of Afghanistan; [and]
[(viii)] (vii) support for Afghan
and international efforts to
investigate human rights atrocities
committed in Afghanistan by the Taliban
regime, opponents of such regime, and
terrorist groups operating in
Afghanistan, including the collection
of forensic evidence relating to such
atrocities[.];
(viii) support for the
implementation of the Afghan Action
Plan on Transitional Justice, including
examination of abuses by all parties as
specified by the document with a view
to establishing truth, reconciliation,
and justice; and
(ix) support for land titling
programs and reconciliation of land
rights.
(C) Anti-corruption assistance.--To combat
corruption, improve transparency and
accountability, increase the participatory
nature of governmental institutions, and
promote other forms of good governance and
management in all levels of government in
Afghanistan, including assistance such as--
(i) providing technical assistance
to the Government of Afghanistan to
assist in the efforts to ratify the
United Nations Convention against
Corruption and assistance in creating
implementation legislation and a
monitoring mechanism to oversee
implementation of the United Nations
Convention against Corruption;
(ii) supporting the establishment
of audit offices, inspectors general
offices, third party monitoring of
government procurement processes, and
anti-corruption agencies;
(iii) promoting legal and judicial
reforms that criminalize corruption and
law enforcement reforms and development
that encourage prosecutions of
corruption;
(iv) providing technical assistance
to develop a legal framework for
commercial transactions that fosters
business practices that promote
transparent, ethical, and competitive
behavior in the economic sector, such
as commercial codes that incorporate
international standards and protection
of core labor standards;
(v) providing training and
technical assistance relating to
drafting of anti-corruption,
privatization, and competitive
statutory and administrative codes, and
providing technical assistance to
Afghan governmental ministries
implementing anti-corruption laws and
regulations;
(vi) promoting the development of
regulations relating to financial
disclosure for public officials,
political parties, and candidates for
public offices;
(vii) supporting transparent
budgeting processes and financial
management systems; and
(viii) promoting civil society's
role in combating corruption.
[(C)] (D) Civil society and democracy.--To
support the development of democratic
institutions in Afghanistan, including
assistance for--
(i) * * *
* * * * * * *
[(D)] (E) Protection of sites.--To provide
for the protection of Afghanistan's culture,
history, and national identity, including the
rehabilitation of Afghanistan's museums and
sites of cultural significance.
* * * * * * *
(7) Assistance to women and girls.--
(A) Assistance objectives.--To assist women
and girls in Afghanistan in the areas of
political and human rights, health care,
education, training, security, and shelter,
with particular emphasis on assistance--
[(i) to support construction of,
provide equipment and medical supplies
to, and otherwise facilitate the
establishment and rehabilitation of,
health care facilities in order to
improve the health care of women,
children, and infants;
[(ii) to expand immunization
programs for women and children;
[(iii) to establish, maintain, and
expand primary and secondary schools
for girls that include mathematics,
science, and languages in their primary
curriculum;
[(iv) to develop and expand
technical and vocational training
programs and income-generation projects
for women;
[(v) to provide special educational
opportunities for girls whose schooling
was ended by the Taliban, and to
support the ability of women to have
access to higher education;
[(vi) to develop and implement
programs to protect women and girls
against sexual and physical abuse,
abduction, trafficking, exploitation,
and sex discrimination in the delivery
of humanitarian supplies and services;
[(vii) to provide emergency
shelters for women and girls who face
danger from violence;
[(viii) to direct humanitarian
assistance to widows, who make up a
very large and needy population in war-
torn Afghanistan;
[(ix) to support the work of women-
led and local nongovernmental
organizations with demonstrated
experience in delivering services to
Afghan women and children;
[(x) to disseminate information
throughout Afghanistan on the rights of
women and on international standards of
human rights, including the rights of
religious freedom, freedom of
expression, and freedom of association;
[(xi) to provide women's rights and
human rights training for military,
police, and legal personnel; and
[(xii) to support the Afghan
Independent Human Rights Commission in
programs to promote women's rights and
human rights, including the rights of
religious freedom, freedom of
expression, and freedom of association,
and in the investigation and monitoring
of women's rights and human rights
abuses.
[(B) Availability of funds.--For each of
the fiscal years 2003 through 2006--
[(i) $15,000,000 is authorized to
be appropriated to the President to be
made available to the Afghan Ministry
of Women's Affairs; and
[(ii) $5,000,000 is authorized to
be appropriated to the President to be
made available to the National Human
Rights Commission of Afghanistan.]
(i) to provide equipment, medical
supplies, and other assistance to
health care facilities for the purpose
of reducing maternal and infant
mortality and morbidity;
(ii) to expand immunization
programs for women and children;
(iii) to establish and expand
programs to provide services to women
and girls suffering from mental illness
problems, such as depression, anxiety,
and posttraumatic stress disorder;
(iv) to protect and provide
services to vulnerable populations,
including widows, orphans, and women
head of households;
(v) to develop and implement
programs to protect women and girls
against sexual and physical abuse,
abduction, trafficking, exploitation,
and sex discrimination, including
emergency shelters for women and girls
who face danger from violence;
(vi) to establish primary and
secondary schools for girls that
include mathematics, science, and
languages in their primary curriculum;
(vii) to expand technical and
vocational training programs to enable
women to support themselves and their
families;
(viii) to maintain and expand adult
literacy programs, including economic
literacy programs that promote the
well-being of women and their families;
(ix) to provide special educational
opportunities for girls whose schooling
was ended by the Taliban and who now
face obstacles to participating in the
normal education system, such as girls
who are now married and girls who are
older than the normal age for their
classes;
(x) to disseminate information
throughout Afghanistan on international
standards for human rights,
particularly as pertaining to women;
(xi) to provide information and
assistance to enable women to exercise
property, inheritance, and voting
rights, and to ensure equal access to
the judicial system;
(xii) to support the work of women-
led and local nongovernmental
organizations with demonstrated
experience in delivering services to
women and children in Afghanistan;
(xiii) to monitor and investigate
violations against women and to provide
legal assistance to women who have
suffered violations of their rights;
(xiv) to increase political and
civic participation of women in all
levels of society, including the
criminal justice system;
(xv) to provide information and
training related to human rights,
particularly as pertaining to women, to
military, police, and legal personnel;
and
(xvi) to provide assistance to the
Ministry of Women's Affairs and the
Afghan Independent Human Rights
Commission for programs to advance the
status of women.
(B) Availability of funds.--For each of the
fiscal years 2008 through 2010--
(i) $5,000,000 is authorized to be
appropriated to the President to be
made available to the Afghan Ministry
of Women's Affairs for the
administration and conduct of its
programs;
(ii) $10,000,000 is authorized to
be appropriated to the President to be
made available to the Afghan
Independent Human Rights Commission for
the administration and conduct of its
programs; and
(iii) $30,000,000 is authorized to
be appropriated to the President for
grants to Afghan-led nongovernmental
organizations, including Afghan women-
led nongovernmental organizations, to
support activities including the
construction, establishment, and
operation of schools for married girls
and girls' orphanages, vocational
training for women and girls, primary
health care clinics for women and
children, programs to strengthen Afghan
women-led organizations and women's
leadership, and to provide monthly
financial assistance to widows,
orphans, and women head of households.
* * * * * * *
(8) Assistance for energy development.--To support
the development of local energy sources, new power
generation, and energy transportation, including
further development of existing hydrological power
sources, studies of the utility of geothermal energy,
expansion of local natural gas fields for internal
consumption and export, and transport of natural gas or
other appropriate energy sources to Afghanistan's
neighboring countries.
(9) Assistance for short-term energy supply.--
(A) Assistance objectives.--To provide
assistance for the supply of short-term energy
resources such as diesel to secure the delivery
of electricity to major Afghan cities.
(B) Availability of funds.--For each of the
fiscal years 2008 through 2010, $75,000,000 is
authorized to be appropriated to the President
to carry out this paragraph.
(C) Relation to other available funds.--
Amounts made available under subparagraph (B)
are in addition to amounts otherwise available
for such purposes.
(10) Assistance for capacity-building.--To increase
the capacity and improve the sustainability of
national, provincial, and local governmental
institutions, including assistance such as--
(A) providing technical assistance to all
ministries through funding to the Afghanistan
Reconstruction Trust Fund to improve
transparency and ability to respond to the
needs of the Afghan people;
(B) promoting the implementation of fiscal
and personnel management, including revenue
tracking and expenditure systems;
(C) assisting in developing ministry-wide
recruitment systems;
(D) creating or improving databases and
other human resource information systems;
(E) supporting the expansion of the Afghan
National Solidarity Project and other
provincial and local-led development projects;
(F) providing training and technical
assistance to the Ministry of Finance to better
account for funding to the Afghanistan
Reconstruction Trust Fund and other funds
implemented by the Government of Afghanistan;
(G) supporting the Afghanistan Independent
Administrative Reform and Civil Service
Commission; and
(H) providing financial and technical
assistance to support the Transition Support
Strategy for Afghanistan, including the Public
Administration Reform project.
(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
democratically elected government for Afghanistan that
respects human rights.
* * * * * * *
(d) Monitoring of Assistance for Afghanistan.--
(1) Report.--
(A) In general.--The Secretary of State, in
consultation with the Administrator for the
United States Agency for International
Development, shall submit to the Committee on
Foreign Relations of the Senate and the
Committee on [International Relations] Foreign
Affairs of the House of Representatives a
report on the obligations of United States
assistance for Afghanistan from all United
States Government departments and agencies. The
report required by this paragraph may be
included in the report required by section 304
of this Act.
* * * * * * *
[SEC. 104. COORDINATION OF ASSISTANCE.
[(a) In General.--The President shall 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) Rank and Status of the Coordinator.--The coordinator
designated under subsection (a) shall have the rank and status
of ambassador.
[(c) Assistance Plan.--
[(1) Submission to congress.--The coordinator
designated under subsection (a) shall annually submit
the Afghanistan assistance plan of the Administration
to--
[(A) the Committee on Foreign Relations of
the Senate;
[(B) the Committee on International
Relations of the House of Representatives;
[(C) the Committee on Appropriations of the
Senate; and
[(D) the Committee on Appropriations of the
House of Representatives.
[(2) Contents.--The assistance plan submitted under
paragraph (1) shall describe--
[(A) how the plan relates to the strategy
provided pursuant to section 304; and
[(B) how the plan builds upon United States
assistance provided to Afghanistan since 2001.
[(d) Coordination With International Community.--
[(1) In general.--The coordinator designated under
subsection (a) shall work with the international
community and the Government of Afghanistan to ensure
that assistance to Afghanistan is implemented in a
coherent, consistent, and efficient manner to prevent
duplication and waste.
[(2) International financial institutions.--The
coordinator designated under subsection (a), under the
direction of the Secretary of State, shall work through
the Secretary of the Treasury and the United States
Executive Directors at the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.]
SEC. 104. CERTIFICATION AND PHASED-IN LIMITATION ON UNITED STATES
ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR
AFGHANISTAN.
(a) Certification.--
(1) In general.--Not later than October 1, 2008 and
each October 1 thereafter, the President shall transmit
to the appropriate congressional committees a
certification that contains a determination of whether
or not, based upon substantiated and credible evidence,
any senior official of the Government of Afghanistan,
at the provincial or local levels, is engaged in or
benefits from the illicit narcotics trade or is engaged
in terrorist or criminal activities, including the
names of any such senior officials and the provincial
or local governments over which such senior officials
exercise authority.
(2) Form.--The certification required by paragraph
(1) shall be transmitted in unclassified form, but may
contain a classified annex.
(b) Limitation on Assistance.--For fiscal year 2009 and
each subsequent fiscal year, assistance authorized under this
title or under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) may not be provided to a provincial or local
government of Afghanistan if the President determines and
certifies to the appropriate congressional committees pursuant
to subsection (a) for such fiscal year that, based upon
substantiated and credible evidence, one or more senior
officials from such provincial or local government is engaged
in or benefits from the narcotics trade or is engaged in
terrorist or criminal activities.
SEC. 105. MONITORING AND EVALUATION OF ASSISTANCE.
(a) In General.--The President shall establish and
implement a system to monitor and evaluate the effectiveness
and efficiency of assistance provided under this title on a
program-by-program basis in order to maximize the long-term
sustainable development impact of such assistance.
(b) Requirements.--In carrying out subsection (a), the
President shall--
(1) establish performance goals for assistance
authorized under this title and expresses such goals in
an objective and quantifiable form, to the extent
practicable;
(2) establish performance indicators to be used in
measuring or assessing the achievement of the
performance goals described in paragraph (1); and
(3) provide a basis for recommendations for
adjustments to assistance authorized under this title
to enhance the impact of such assistance.
(c) Assistance to Enhance the Capacity of Afghanistan.--In
carrying out subsection (a), the President shall provide
assistance to enhance the capacity of the Government of
Afghanistan to monitor and evaluate programs carried out by the
national, provincial, and local governments in Afghanistan in
order to maximize the long-term sustainable development impact
of such programs.
(d) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 110 for a fiscal
year, not less than 5 percent of such amounts are authorized to
be made available to carry out this section for such fiscal
year.
SEC. 106. PILOT PROGRAM TO PROVIDE SCHOLARSHIPS TO AFGHAN STUDENTS FOR
PUBLIC POLICY INTERNSHIPS IN THE UNITED STATES.
(a) Pilot Program Required.--The Secretary of State shall
establish a pilot program to provide scholarships to
undergraduate and graduate students in Afghanistan for public
policy internships in the United States to improve the ability
of such students to increase the capacity of the Government of
Afghanistan. The pilot program required by this subsection
shall be carried out as part of the educational and cultural
exchange programs of the Department of State under the
authorities of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.).
(b) Scope of Pilot Program.--It is the sense of Congress
that 20 students should participate in the pilot program
required by subsection (a) for each fiscal year during which
the pilot program is in effect.
(c) Period of Pilot Program.--The pilot program required by
subsection (a) shall be in effect during each of the fiscal
years 2008, 2009, and 2010.
SEC. [105] 107. SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN
OPIUM PRODUCING AREAS.
It is the sense of Congress that the President should--
(1) * * *
* * * * * * *
SEC. [106] 108. ADMINISTRATIVE PROVISIONS.
(a) * * *
* * * * * * *
SEC. [107] 109. RELATIONSHIP TO OTHER AUTHORITY.
The authority to provide assistance under this title is
in addition to any other authority to provide assistance to the
Government of Afghanistan.
SEC. [108] 110. 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)) [such sums as may be necessary] $1,600,000,000 for each
of the fiscal years [2005 and 2006] 2008 through 2010.
* * * * * * *
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
* * * * * * *
SEC. 202. AUTHORIZATION OF ASSISTANCE.
(a) * * *
(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 [$550,000,000] 300,000,000 in any fiscal year, except
that such limitation shall be increased by any amounts
appropriated pursuant to the authorization of appropriations in
section 204(b)(1) and shall not count toward any limitation
contained in section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318).
(c) Sense of Congress.--It is the sense of Congress that
assistance provided to eligible foreign countries and
international organizations under subsection (a) should promote
greater interoperability with and among the military forces of
the International Security Assistance Force, the United States,
and the Government of Afghanistan.
* * * * * * *
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 Appropriations of the Senate]
the appropriate congressional committees of such determination
at least 15 days in advance of providing such assistance.
* * * * * * *
SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER
ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE
INTERNATIONAL SECURITY ASSISTANCE FORCE.
(a) * * *
* * * * * * *
[(c) Implementation of Strategy.--
[(1) Initial report.--Not later than 60 days after
the date of the enactment of this Act, the President
shall provide 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 Appropriations 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.
[(2) Implementation of strategy.--Every 6 months
after the enactment of this Act through January 1,
2010, the President shall submit to the congressional
committees specified in paragraph (1) a report on the
implementation of the strategies 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 officials, 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 influence,
engaging in armed conflict or other forms of
competition that are deleterious to peace,
security, and the integration 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
Afghanistan;
[(E) the numbers of Civil Affairs Teams
working with regional leaders, as well as the
quick impact infrastructure 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)] (c) Expansion of the International Security
Assistance Force.--
(1) Efforts to expand international peacekeeping
and security operations in afghanistan.--
(A) * * *
(B) Reports.--The President shall prepare
and transmit a report on the efforts carried
out pursuant to subparagraph (A) to the
Committee on Foreign Relations of the Senate
and the Committee on [International Relations]
Foreign Affairs of the House of
Representatives. The first report under this
subparagraph shall be transmitted not later
than 60 days after the date of the enactment of
the Afghanistan Freedom Support Act Amendments
of 2004 and subsequent reports shall be
transmitted every 6 months thereafter and may
be included in the report required by
subsection (c)(2).
* * * * * * *
[(e)] (d) United States Policy Relating To International
Peacekeeping and Security Operations.--It shall be the policy
of the United States to make every effort to support the
expansion of international peacekeeping and security operations
in Afghanistan in order to--
(1) * * *
* * * * * * *
(e) Arms Sales Incentive for Cooperating Nations in
Afghanistan.--
(1) In general.--The President is authorized to
provide a subsidy of up to five percent of the total
acquisition cost of defense articles and defense
services sold pursuant to the Arms Export Control Act
(22 U.S.C. 2751 et seq.) to a country if--
(A) the country will use such defense
articles and defense services in Afghanistan,
or
(B) the country will use defense articles
and defense services of comparable quality and
quantity in Afghanistan,
in support of operations in Afghanistan for an extended
period of time.
(2) Definitions.--In this subsection--
(A) the term ``defense article'' has the
meaning given the term in paragraph (3) of
section 47 of the Arms Export Control Act (22
U.S.C. 2794 note); and
(B) the term ``defense service'' has the
meaning given the term in paragraph (4) of such
section.
(3) Authorization of appropriations.--To carry out
this subsection, there are authorized to be
appropriated to the President $10,000,000 for each of
the fiscal years 2008 through 2010.
* * * * * * *
SEC. 209. SUNSET.
The authority of this title shall expire after September
30, [2006] 2010.
TITLE III--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 303. DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.
(a) * * *
* * * * * * *
(c) Reports.--
(1) In general.--The Secretary of State shall
submit reports to [the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and
the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives] the appropriate congressional
committees, in accordance with this paragraph, on the
status of contributions of assistance from 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]
2010.
* * * * * * *
[SEC. 304. REPORTS.
[(a) In General.--The Secretary of State shall submit
reports to the Committees on Foreign Relations and
Appropriations of the Senate, and the Committees on
International Relations and Appropriations of the House of
Representatives on progress made in accomplishing the
``Purposes of Assistance'' set forth in section 102 of this Act
utilizing assistance provided by the United States for
Afghanistan.
[(b) Deadline for Submission.--The first report shall be
submitted in conjunction with reports required under section
303 of this title and thereafter through December 31, 2004.
[(c) Form of Reports.--Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) by this Act may contain a classified annex.]
SEC. 304. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN.
(a) Report Required.--Not later than December 1, 2007, and
every six months thereafter until September 30, 2010, the
President shall transmit to the appropriate congressional
committees a report on a comprehensive set of performance
indicators and measures for progress toward security and
stability in Afghanistan.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) With respect to stability and security in
Afghanistan, the following:
(A) Key measures of political stability,
including the important political objectives
that must be achieved over the next year to
ensure that all segments of Afghan society
become committed to the elected government in
Kabul.
(B) The primary indicators of a stable
security environment in Afghanistan, such as
the following:
(i) The number of engagements per
day by each of the following:
(I) The Afghan forces,
United States forces, and other
Coalition forces.
(II) ISAF.
(ii) The numbers of trained Afghan
security forces, including the Afghan
National Army and the Afghan National
Police.
(iii) The trends relating to
numbers and types of ethnic and
religious-based hostile encounters.
(C) An assessment of the estimated strength
of the insurgency in Afghanistan and the extent
to which it is composed of non-Afghan fighters,
including whether insurgents are obtaining
weapons and other military material from
outside of Afghanistan and whether the
insurgents are based in or use the territory of
countries other than Afghanistan.
(D) A description of the extent to which
warlords in Afghanistan exercise effective
control over personnel, natural resources,
infrastructure, villages and towns, and
material that should be under the direct
sovereign control of the Government of
Afghanistan, including--
(i) an identification of each
warlord and the extent and means of
control that the warlord exercises over
personnel, natural resources,
infrastructure, villages and towns, and
material that should be under the
direct sovereign control of the
Government of Afghanistan; and
(ii) a description of actions
undertaken by the Governments of the
United States, Afghanistan, and
countries participating in ISAF,
individually or collectively, in the
previous year to diminish and
ultimately eliminate control by each
warlord identified under clause (i)
over the Afghan resources described in
clause (i), and a description of
actions that will be undertaken in the
coming year.
(E) A description of all militias, tribal
forces, and terrorist and insurgent groups
operating in Afghanistan, including the number,
size, equipment strength, military
effectiveness, sources of support, legal
status, and efforts to disarm or reintegrate
such militias, tribal forces, and terrorist and
insurgent groups.
(F) Efforts by ISAF to establish a unified
command, unified rules of engagement,
information detailing the specific restrictions
placed by each country participating in ISAF,
or any successor coalition force, on the
military activities of its national military
personnel within Afghanistan, an assessment of
the impact of such restrictions on ISAF's
effectiveness, and an assessment of the
capabilities of ISAF forces, including any
equipment and logistics shortages.
(2) With respect to the training and performance of
security forces in Afghanistan, the following:
(A) The training provided to Afghan
military and other Ministry of Defense forces
and the equipment used by such forces.
(B) Key criteria for assessing the
capabilities and readiness of the Afghan
National Army and other Ministry of Defense
forces, including capability and readiness
levels, including recruiting, training, and
equipping such forces.
(C) The operational readiness status of the
Afghan National Army, including the type,
number, size, and organizational structure of
Afghan battalions that are--
(i) capable of conducting
operations independently;
(ii) capable of conducting
operations with the support of United
States or Coalition forces or ISAF; or
(iii) not ready to conduct
operations.
(D) The rates of recruitment, retention,
and absenteeism in the Afghan National Army and
the extent to which insurgents have infiltrated
such forces.
(E) The training provided to Afghan
National Police and other Ministry of Interior
forces and the equipment used by such forces.
(F) Key criteria for assessing the
capabilities and readiness of the Afghan
National Police and other Ministry of Interior
forces, including capability and readiness
levels, including recruiting, training, and
equipping such forces, including--
(i) the number of police recruits
that have received classroom or field
instruction and the duration of such
instruction;
(ii) the number of experienced
veteran police officers who have
received classroom and field
instruction and the duration of such
instruction;
(iii) a description of any vetting
that police candidates receive, the
number of candidates vetted, the number
of candidates derived from other entry
procedures, and the success rates of
those groups of candidates;
(iv) the number of Afghan National
Police forces that have received field
training by international police
trainers and the duration of such
training; and
(v) attrition rates and measures of
absenteeism and infiltration by
insurgents.
(G) The estimated total number of Afghan
National Army battalions needed for the Army to
perform duties now being undertaken by United
States, NATO, or Coalition forces, including
securing the borders of Afghanistan and
providing adequate levels of law and order
throughout Afghanistan.
(H) The effectiveness of the Afghan
military and police officer cadres and the
chain of command.
(I) The number of United States and
Coalition trainers, advisors, and mentors
needed to support the Afghan security and
associated ministries.
(J) An assessment, in a classified annex if
necessary, of United States military
requirements, including planned force
rotations, through the end of calendar year
2008.
(3) With respect to the economic and political
stability of Afghanistan, the following:
(A) An estimate of the annual budget for
the Government of Afghanistan for the Afghan
fiscal year, including the costs of operating
and maintaining the Afghan security forces.
(B) An estimate of the amount of Afghan
Government revenue and the amount of
international assistance for budget support for
the Afghan Government.
(C) An estimate of the amount of funds
pledged by all major donors for the calendar
year and the amounts committed, obligated, and
expended during the reporting period.
(D) An assessment of United States
reconstruction assistance programs in
Afghanistan, including--
(i) a description of existing
efforts to improve the monitoring and
evaluation of the reconstruction
assistance programs, including from the
design of such programs through
implementation and eventual transfer to
the Government of Afghanistan;
(ii) a description, by project, of
ongoing and future reconstruction
assistance programs and the amount of
funding obligated and expended to carry
out such programs, including programs
in the security, rule of law, counter-
narcotics, power, rural development,
education, health, and governance and
anti-corruption sectors;
(iii) an analysis of completed
reconstruction assistance programs, on
a project basis, and a determination of
the impact of and the benefits yielded
from such programs on Afghanistan and
its people;
(iv) a description of ongoing
efforts that have improved the
employment situation in Afghanistan,
including efforts that have created job
opportunities and increased private
sector development; and
(v) a description of the progress
made in implementing all of the
elements of the Interim Afghanistan
National Development Strategy,
including--
(I) the Afghanistan
National Solidarity Program;
and
(II) the Afghanistan
Compact, including a
description of the goals and
objectives in the Afghanistan
Compact that have been
achieved.
(E) Key indicators of economic and
political development activity that should be
considered the most important for determining
the prospects of stability in Afghanistan,
including--
(i) unemployment levels;
(ii) agricultural production;
(iii) construction of roads,
irrigation, and other basic
infrastructure;
(iv) education rates, particularly
of girls;
(v) electricity rates;
(vi) hunger and poverty levels;
(vii) illiteracy rates;
(viii) maternal and infant
mortality rates;
(ix) appropriate measures for the
protection of human rights;
(x) appropriate measures for the
protection of political and religious
freedom and freedom of association;
(xi) access of women to political
and civil society participation; and
(xii) appropriate measure for the
protection of freedom of the press.
(4) With respect to opium production and counter-
narcotics activities in Afghanistan, the following:
(A) An estimate of the number of hectares
and amount of poppy production for the current
year, including by province.
(B) The number of hectares and the amount
of poppy destroyed by eradication.
(C) The number of counter-narcotics raids
against drug labs, storage facilities, and
caches, including the number of narcotics
confiscated.
(D) The number of raids against narcotics
traffickers and the number of traffickers
arrested, prosecuted, convicted, sentenced, and
extradited, including high-value targets.
(E) The number of Afghan counter-narcotics
forces, including the Afghan National Counter-
Narcotics Police, trained and equipped, the
attrition rate of such forces, and the number
of such forces available for counter-narcotics
operations, including an assessment of the
number of operations such forces conducted, the
outcomes of such operations, and any additional
resource needs of such forces.
(F) The number and type of alternative
livelihood programs, a description of where
such programs have been conducted, and an
assessment of the number of hectares planted
with poppy in the year following such programs.
(G) The amount and type of NATO and United
States assistance provided to Afghan counter-
narcotic teams in conducting raids and
investigations, including close-air support and
helicopter lift, and the number and type of
requests for assistance by United States or
Afghan counter-narcotics teams.
(H) An assessment of Afghan efforts to
extradite suspects to the United States and
other countries, including--
(i) a list of the persons whose
extradition has been requested from
Afghanistan, indicating--
(I) those individuals who
have been surrendered to the
custody of United States
authorities;
(II) those individuals who
have been detained by the
authorities and who are being
processed for extradition;
(III) those individuals who
have been detained by the
authorities and who are not yet
being processed for
extradition; and
(IV) those individuals who
are at large;
(ii) a determination of whether
Afghan Government officials and
entities receiving assistance from the
United States are making good-faith
efforts to ensure the prompt
extradition of each of the persons
sought by United States authorities;
and
(iii) an analysis of any legal
obstacles in the laws of Afghanistan
regarding prompt extradition of persons
sought by United States authorities and
the steps taken by authorities of the
United States and the authorities of
Afghanistan to overcome such obstacles.
(c) Update of Report.--Not later than 90 days after the
date of the transmission of each report required by subsection
(a), the President shall transmit to the appropriate
congressional committees an update of the report, to the extent
necessary.
(d) Form.--The report required by subsection (a) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the Senate.
SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
(a) Strategy.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the President shall
formulate a 5-year strategy for Afghanistan and [submit
such strategy to--
[(A) the Committee on Foreign Relations of
the Senate;
[(B) the Committee on International
Relations of the House of Representatives;
[(C) the Committee on Appropriations of the
Senate; and
[(D) the Committee on Appropriations of the
House of Representatives.] submit such strategy
to the appropriate congressional committees.
(b) Comprehensive Interagency Strategy.--
(1) In general.--The President shall formulate a
comprehensive interagency strategy for long-term
security and stability in Afghanistan which, in
addition to the specific and measurable goals specified
in subsection (a)(2), shall be composed of the elements
specified in paragraph (2).
(2) Elements.--The comprehensive interagency
strategy required by paragraph (1) shall contain the
following elements:
(A) Reinvigorated reconstruction activities
and provincial reconstruction teams.--A
comprehensive interagency reconstruction
strategy for Afghanistan, including objectives
for the strategy, a plan to implement the
objectives of the strategy, and a long-term
budget to carry out the strategy. The strategy
shall--
(i) include a plan to implement all
of the elements of the Interim
Afghanistan National Development
Strategy, including the Afghanistan
National Solidarity Program, and the
Afghanistan Compact, including a
description of the goals and objectives
that have yet to be achieved, and the
impediments in achieving such goals and
objectives;
(ii) include a mechanism for
tracking and oversight of the
reconstruction funding provided by
countries participating in ISAF and
other donor countries, international
organizations, and international
financial entities, including a
description of the progress by such
parties in fulfilling their pledges of
financial, technical, and other
assistance;
(iii) include a mechanism for
tracking and increasing oversight of
the reconstruction programs implemented
by the provincial reconstruction teams,
including the amount of reconstruction
funding spent by such teams, the
purpose of such funding, and the
evaluation of the success of such
programs;
(iv) provide for a mechanism to
enhance coordination between the
Department of State and the United
States Agency for International
Development and other relevant
departments and agencies of the United
States Government in carrying out
reconstruction programs, by--
(I) coordinating existing
and future efforts in the
reconstruction programs carried
out by the Department of State
and the United States Agency
for International Development
with the reconstruction
programs carried out by other
relevant departments and
agencies of the United States
Government; and
(II) coordinating existing
and future efforts needed to
achieve enhanced coordination
between the Department of State
and the United States Agency
for International Development
and other relevant departments
and agencies of the United
States Government in the design
and implementation of
reconstruction programs;
(v) include a plan to enhance
monitoring, evaluation, and oversight
of reconstruction programs to ensure
the effective impact of such programs
on Afghanistan and its people;
(vi) provide a plan to identify and
implement critical reconstruction
programs, by project, including in the
areas of security, rule of law,
counter-narcotics, power, rural
development, education, health, and
governance and anti-corruption, that
will improve the security and economic
stability of Afghanistan, and the
amount of funding needed to implement
such programs;
(vii) include actions to
significantly increase contributions
from countries participating in ISAF
and from other international partners
for reconstruction programs, including
in the areas of security, rule of law,
counternarcotics, power, rural
development, education, health, and
governance and anti-corruption sectors;
(viii) provide a plan to improve
the employment situation in
Afghanistan, including a plan to
increase job creation opportunities and
enhance private sector development in
Afghanistan;
(ix) include actions to ensure
enhancement of the capacity of the
Government of Afghanistan, on all
levels, to respond to the needs of its
people;
(x) include actions to enhance the
design and implementation of programs
carried out by the Government of
Afghanistan, on all levels, including
efforts to increase funding and
implementation of reconstruction
programs carried out by the National
Solidarity Program;
(xi) include a plan to increase
significantly the number of Provincial
Reconstruction Teams (PRTs),
particularly in the southern and
eastern regions of Afghanistan by
December 31, 2009, including a review
of the operation of and lessons learned
from existing PRTs prior to the
preparation of the strategy;
(xii) clarify a single chain of
command and operations plans for PRTs,
including their relationship with ISAF;
(xiii) increase staffing,
particularly staffing of civilian
specialists, and increase staff
training for PRTs;
(xiv) incorporate measures to
improve the effectiveness of PRTs in
providing reconstruction and
development assistance and in promoting
security and stability in their areas
of operations, including coordination
between PRT civilian elements and ISAF
reconstruction goals; and
(xv) include efforts to ensure that
a significant amount of the material,
financial, and personnel support for
the increase in the number of PRTs is
provided by foreign sources.
(B) Counter-narcotics strategy.--A
comprehensive interagency counter-narcotics
strategy for Afghanistan, including objectives
for the strategy, a plan to implement the
objectives of the strategy, and a long-term
budget to carry out the strategy. The strategy
shall--
(i) address the five pillars that
comprise Afghanistan's counter-
narcotics strategy and implementation
plan: public information, rural
development (alternative livelihoods),
elimination and eradication activities,
interdiction, and law enforcement and
justice reform;
(ii) identify the roles and
responsibilities of relevant
departments and agencies of the United
States Government with respect to the
activities described in clause (i);
(iii) include the strategic
direction of current and planned
activities of the United States
relating to counter-narcotics efforts
in Afghanistan, and shall specifically
include a description of steps that
have been conducted and planned to--
(I) improve coordination
with all relevant departments
and agencies of the United
States Government;
(II) strengthen
significantly the Afghanistan
National Counter-Narcotics
Police;
(III) build the capacity of
the Afghan Government to assume
greater responsibility for
counter-narcotics related-
activities;
(IV) strengthen anti-
corruption measures that target
narcotics producers and
traffickers and the individuals
influenced by them;
(V) improve counter-
narcotics intelligence
capabilities;
(VI) strengthen narcotics-
related interdiction
activities;
(VII) strengthen the
capacity of the judicial sector
to investigate, prosecute, and
penalize narcotics producers
and traffickers and government
officials benefitting from
narcotics-related activities;
(VIII) effectively address
any problems with eradication
strategies; and
(IX) significantly increase
the focus on creating
alternative livelihoods for the
Afghan people;
(iv) include current and planned
actions to involve and coordinate with
the United Kingdom and other
appropriate international partners in
supporting counter-narcotics efforts in
Afghanistan.
(C) Sustainability of the afghanistan
national security forces.--A comprehensive
interagency strategy for building and
sustaining the Afghanistan National Security
Forces (ANSF), including objectives for the
strategy, a plan to implement the objectives of
the strategy, and a long-term budget to carry
out the strategy. The strategy shall--
(i) include a mechanism for
tracking funding, including obligations
and expenditures, as well as equipment,
training, and services provided for the
ANSF by the United States, countries
participating in the International
Security Assistance Force, and other
international partners;
(ii) include actions to build and
sustain effective Afghan security
institutions with fully-capable
leadership and staff, including--
(I) a reformed Ministry of
Interior, a fully-established
Ministry of Defense, and
logistics, intelligence,
medical, and recruiting units
(ANSF-sustaining institutions);
(II) fully-trained,
equipped, and capable ANSF in
sufficient numbers;
(III) strong ANSF-readiness
assessment tools and metrics;
(IV) a strong core of
senior-level ANSF officers;
(V) strong ANSF command,
control, and communication
between central ANSF
headquarters and regions,
provinces, and districts;
(VI) a robust mentoring and
advising program for the ANSF;
(VII) a strong professional
military training and education
program for all junior, mid-
level, and senior ANSF
personnel;
(VIII) effective merit-
based salary, rank, promotion,
and incentive structures for
the ANSF;
(IX) an established code of
professional standards for the
ANSF;
(X) a mechanism for
incorporating lessons learned
and best practices into ANSF
operations;
(XI) An ANSF personnel
accountability system with
effective internal discipline
procedures and mechanisms;
(XII) a system for
addressing ANSF personnel
complaints; and
(XIII) a strong record-
keeping and accountability
system to track ANSF equipment
and personnel issues, and other
ANSF oversight mechanisms; and
(iii) provide for coordination
between all relevant departments and
agencies of the United States
Government, as well as ISAF countries
and other international partners,
including on--
(I) funding;
(II) reform and
establishment of ANSF-
sustaining institutions; and
(III) efforts to ensure
that progress on sustaining the
ANSF is reinforced with
progress in other pillars of
the Afghan security sector,
particularly progress on
building an effective
judiciary, curbing production
and trafficking of illicit
narcotics, and demobilizing,
disarming, and reintegrating
militia fighters.
(3) Report.--
(A) In general.--Not later than December 1,
2007, the President shall transmit to the
appropriate congressional committees an update
of the report required by subsection (c) for
2007 that contains the comprehensive
interagency strategy required by paragraph (1).
(B) Form.--The report required by
subparagraph (A) shall be transmitted in
unclassified form, but may include a classified
annex, if necessary.
[(b) Monitoring.--
[(1) Annual report.--The President shall transmit
on an annual basis through 2010 a report describing the
progress made toward the implementation of the strategy
required by subsection (a) and any changes to the
strategy since the date of the submission of the last
report to--
[(A) the Committee on Foreign Relations of
the Senate;
[(B) the Committee on International
Relations of the House of Representatives;
[(C) the Committee on Appropriations of the
Senate; and
[(D) the Committee on Appropriations of the
House of Representatives.]
(c) Updates of Strategy.--
(1) In general.--Not later than 90 days after the
submission of the strategy required by subsection
(b)(3), and every 90 days thereafter through September
30, 2010, the President shall submit to the appropriate
congressional committees an update of the strategy
required by subsection (a) and the strategy required by
subsection (b), as necessary.
(2) Definition.--In this subsection, the term
``appropriate congressional committees'' includes the
Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of
the Senate.
----------
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART II
* * * * * * *
Chapter 5--International Military Education and Training
* * * * * * *
SEC. 550. TRAINING FOR MILITARY PERSONNEL OF FOREIGN COUNTRIES THAT ARE
TO BE DEPLOYED FOR SECURITY OPERATIONS IN
AFGHANISTAN.
(a) Training Authorized.--The President is authorized to
furnish training under this chapter for military personnel of
foreign countries that are to be deployed for security
operations in Afghanistan, particularly in the areas of special
operations, counter-insurgency, border security, counter-
terrorism, and counter-narcotics.
(b) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
President $10,000,000 for each of the fiscal years 2008 through
2010. Amounts authorized to be appropriated under this
subsection are in addition to amounts otherwise available for
such purposes.
* * * * * * *
Exchange of Letters--Armed Services Committee and Foreign Affairs
Committee
Committee on Armed Services,
U.S. House of Representatives,
Washington DC, May 30, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: On May 23, 2007, the Committee on
Foreign Affairs ordered reported favorably H.R. 2446,
``Afghanistan Freedom and Security Support Act of 2007.'' This
legislation contains subject matter within the jurisdiction of
the House Committee on Armed Services. For example, the bill
contains provisions pertaining to counter-narcotics, the
involvement of the United States Armed Forces, the coordination
of U.S. Assistance, and the Arms Export Control Act.
Our Committee recognizes the importance of H.R. 2446 and
the need for the legislation to move expeditiously. Therefore,
while we have a valid claim to jurisdiction over this
legislation, the Committee on Armed Services will waive further
consideration of H.R. 2446. I do so with the understanding that
by waiving further consideration of the bill, the Committee
does not waive any future jurisdictional claims over similar
measures. In the event of a conference with the Senate on this
bill or similar legislation, the Committee on Armed Services
reserves the right to seek the appointment of conferees and
requests your support in our petition.
I would appreciate the inclusion of this letter and a copy
of the response in your Committee's report on H.R. 2446 and in
the Congressional Record during consideration of the measure on
the House floor.
Very truly yours,
Ike Skelton, Chairman.
cc:
Honorable Nancy Pelosi
Honorable Duncan Hunter
Honorable Ileana Ros-Lehtinen
Honorable John V. Sullivan
----------
Committee on Foreign Affairs,
House of Representatives,
Washington DC, May 30, 2007.
Hon. Ike Skelton, Chairman,
Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2446, the Afghanistan Freedom and Security Support Act of 2007.
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions that
fall within the jurisdiction of the Committee on Armed
Services. I acknowledge that the Committee will not seek a
sequential referral of the bill and agree that the inaction of
your Committee with respect to the bill does not in any way
serve as a jurisdictional precedent as to our two committees.
Further, as to any House-Senate conference on the bill, I
understand that your Committee reserves the right to seek the
appointment of conferees for consideration of portions of the
bill that are within the Committee's jurisdiction, and I agree
to support a request by the Committee with respect to serving
as conferees on the bill, consistent with the Speaker's
practice in this regard.
I will ensure that our exchange of letters are included in
our Committee's report on the bill and I look forward to
working with you on this important legislation. If you wish to
discuss this matter further, please contact me or have your
staff contact my staff.
Cordially,
Tom Lantos, Chairman.
TL:da
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