2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 82 - AFGHANISTAN FREEDOM SUPPORT (§§ 7501 - 7556)
Subchapter I - ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN (§§ 7511 - 7518)
Section 7513 - Authorization of assistance
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 82 - AFGHANISTAN FREEDOM SUPPORT SUBCHAPTER I - ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN Sec. 7513 - Authorization of assistance |
Contains | section 7513 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 107-327, title I, §103, Dec. 4, 2002, 116 Stat. 2799; Pub. L. 108-458, title VII, §7104(e)(1)(B), (f)(2)-(g), (j)(1), (k)(2), Dec. 17, 2004, 118 Stat. 3782, 3783, 3785, 3787, 3788. |
Statutes at Large References | 115 Stat. 220, 811 116 Stat. 2799 118 Stat. 3782, 3781, 3783 122 Stat. 386, 388, 4632 124 Stat. 4393 125 Stat. 1632 |
Public Law References | Public Law 107-38, Public Law 107-81, Public Law 107-115, Public Law 107-327, Public Law 108-458, Public Law 110-181, Public Law 110-417, Public Law 111-383, Public Law 112-81 |
Congressional Bill Reference | Unknown Value6 110th Congress |
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Notwithstanding any other provision of law, the President is authorized to provide assistance for Afghanistan for the following activities:
(1) Urgent humanitarian needsTo assist in meeting the urgent humanitarian needs of the people of Afghanistan, including assistance such as—
(A) emergency food, shelter, and medical assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including childhood vaccination, therapeutic feeding, maternal child health services, and infectious diseases surveillance and treatment;
(D) family tracing and reunification services; and
(E) clearance of landmines and other unexploded ordinance.1
(2) Repatriation and resettlement of refugees and internally displaced personsTo assist refugees and internally displaced persons as they return to their home communities in Afghanistan and to support their reintegration into those communities, including assistance such as—
(A) assistance identified in paragraph (1);
(B) assistance to communities, including those in neighboring countries, that have taken in large numbers of refugees in order to rehabilitate or expand social, health, and educational services that may have suffered as a result of the influx of large numbers of refugees;
(C) assistance to international organizations and host governments in maintaining security by screening refugees to ensure the exclusion of armed combatants, members of foreign terrorist organizations, and other individuals not eligible for economic assistance from the United States; and
(D) assistance for voluntary refugee repatriation and reintegration inside Afghanistan and continued assistance to those refugees who are unable or unwilling to return, and humanitarian assistance to internally displaced persons, including those persons who need assistance to return to their homes, through the United Nations High Commissioner for Refugees and other organizations charged with providing such assistance.
(3) Counternarcotics efforts(A) To assist in the eradication of poppy cultivation, the disruption of heroin production, and the reduction of the overall supply and demand for illicit narcotics in Afghanistan and the region, with particular emphasis on assistance to—
(i) eradicate opium poppy, promote alternatives to poppy cultivation, including the introduction of high value crops that are suitable for export and the provision of appropriate technical assistance and credit mechanisms for farmers, purchase nonopium products from farmers in opium-growing areas, quick-impact public works programs to divert labor from narcotics production, develop projects directed specifically at narcotics production, processing, or trafficking areas to provide incentives to cooperation in narcotics suppression activities, and related programs;
(ii) establish or provide assistance to one or more entities within the Government of Afghanistan, including the Afghan State High Commission for Drug Control, and to provide training and equipment for the entities, to help enforce counternarcotics laws in Afghanistan and limit illicit narcotics growth, production, and trafficking in Afghanistan, and to create special counternarcotics courts, prosecutors, and places of incarceration;
(iii) train and provide equipment for customs, police, and other border control entities in Afghanistan and the region relating to illicit narcotics interdiction and relating to precursor chemical controls and interdiction to help disrupt heroin production in Afghanistan and the region, in particular, notwithstanding section 2420 of this title, by providing non-lethal equipment, training (including training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments, during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting units;
(iv) continue the annual opium crop survey and strategic studies on opium crop planting and farming in Afghanistan;
(v) reduce demand for illicit narcotics among the people of Afghanistan, including refugees returning to Afghanistan; and
(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.
(B) For each of the fiscal years 2003 through 2006, $15,000,000 is authorized to be appropriated to the President to be made available for a contribution to the United Nations Drug Control Program for the purpose of carrying out activities described in clauses (i) through (v) of subparagraph (A). Amounts made available under the preceding sentence are in addition to amounts otherwise available for such purposes.
(4) Reestablishment of food security, rehabilitation of the agriculture sector, improvement in health conditions, and the reconstruction of basic infrastructureTo assist in expanding access to markets in Afghanistan, to increase the availability of food in markets in Afghanistan, to rehabilitate the agriculture sector in Afghanistan by creating jobs for former combatants, returning refugees, and internally displaced persons, to improve health conditions, and assist in the rebuilding of basic infrastructure in Afghanistan, including assistance such as—
(A) rehabilitation of the agricultural infrastructure, including irrigation systems and rural roads;
(B) extension of credit;
(C) provision of critical agricultural inputs, such as seeds, tools, and fertilizer, and strengthening of seed multiplication, certification, and distribution systems;
(D) improvement in the quantity and quality of water available through, among other things, rehabilitation of existing irrigation systems and the development of local capacity to manage irrigation systems;
(E) livestock rehabilitation through market development and other mechanisms to distribute stocks to replace those stocks lost as a result of conflict or drought;
(F) mine awareness and demining programs and programs to assist mine victims, war orphans, and widows;
(G) programs relating to infant and young child feeding, immunizations, vitamin A supplementation, and prevention and treatment of diarrheal diseases and respiratory infections;
(H) programs to improve maternal and child health and reduce maternal and child mortality;
(I) programs to improve hygienic and sanitation practices and for the prevention and treatment of infectious diseases, such as tuberculosis and malaria;
(J) programs to reconstitute the delivery of health care, including the reconstruction of health clinics or other basic health infrastructure, with particular emphasis on health care for children who are orphans;
(K) programs for housing (including repairing homes damaged during military operations), rebuilding urban infrastructure, and supporting basic urban services;
(L) disarmament, demobilization, and reintegration of armed combatants into society, particularly child soldiers; and
(M) assistance in identifying and surveying key road and rail routes that are essential for economic renewal in Afghanistan and the region and support for the establishment of a customs service and training for customs officers.
(5) Education, the rule of law, and related issues (A) EducationTo assist in the development of the capacity of the Government of Afghanistan to provide education to the people of Afghanistan, including assistance such as—
(i) support for an educated citizenry through improved access to basic education, with particular emphasis on basic education for children, especially orphans;
(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special focus on the recruitment and training of female teachers;
(iii) programs to enable the Government of Afghanistan to develop school curricula that incorporate relevant information such as landmine awareness, food security and agricultural education, civic education, and human rights education, including education relating to religious freedom;
(iv) programs to construct, renovate, or rebuild, and to equip and provide teacher training, for primary schools, secondary schools, and universities; and
(v) programs to increase educational exchanges and partnerships between the United States and Afghanistan.
(B) Rule of lawTo assist in the development of the rule of law and good governance and reduced corruption in Afghanistan, including assistance such as—
(i) support for the activities of the Government of Afghanistan to implement its constitution, to develop modern legal codes and court rules, to provide for the creation of legal assistance programs, and other initiatives to promote the rule of law in Afghanistan;
(ii) support for improvements in the capacity and physical infrastructure of the justice system in Afghanistan, such as for professional training (including for women) to improve the administration of justice, for programs to enhance prosecutorial and judicial capabilities and to protect participants in judicial cases, for improvements in the instruction of law enforcement personnel (including human rights training), and for the promotion of civilian police roles that support democracy;
(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
(iv) support for the effective administration of justice at the national, regional, and local levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to establish a responsible and community-based police force;
(v) support to increase the transparency, accountability, and participatory nature of governmental institutions, including programs designed to combat corruption and other programs for the promotion of good governance, such as the development of regulations relating to financial disclosure for public officials, political parties, and candidates for public office, and transparent budgeting processes and financial management systems;
(vi) support for establishment of a central bank and central budgeting authority;
(vii) support for international organizations that provide civil advisers to the Government of Afghanistan; and
(viii) support for Afghan and international efforts to investigate human rights atrocities committed in Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, including the collection of forensic evidence relating to such atrocities.
(C) Civil society and democracyTo support the development of democratic institutions in Afghanistan, including assistance for—
(i) international monitoring and observing of, and the promotion of, free and fair elections;
(ii) strengthening democratic political parties;
(iii) international exchanges and professional training for members or officials of government, political, and civic or other nongovernmental entities;
(iv) national, regional, and local elections and political party development;
(v) an independent media;
(vi) programs that support the expanded participation of women and members of all ethnic groups in government at national, regional, and local levels; and
(vii) programs to strengthen civil society organizations that promote human rights, including religious freedom, freedom of expression, and freedom of association, and support human rights monitoring.
(D) Protection of sitesTo provide for the protection of Afghanistan's culture, history, and national identity, including the rehabilitation of Afghanistan's museums and sites of cultural significance.
(6) Market economyTo support the establishment of a market economy, the establishment of private financial institutions, the adoption of policies to promote foreign direct investment, the development of a basic telecommunication infrastructure, and the development of trade and other commercial links with countries in the region and with the United States, including policies to—
(A) encourage the return of Afghanistan citizens or nationals living abroad who have marketable and business-related skills;
(B) establish financial institutions, including credit unions, cooperatives, and other entities providing microenterprise credits and other income-generation programs for the poor, with particular emphasis on women;
(C) facilitate expanded trade with countries in the region;
(D) promote and foster respect for basic workers’ rights and protections against exploitation of child labor;
(E) develop handicraft and other small-scale industries; and
(F) provide financing programs for the reconstruction of Kabul and other major cities in Afghanistan.
(7) Assistance to women and girls (A) Assistance objectivesTo 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 fundsFor each of the fiscal years 2003 through 2006—
(i) $15,000,000 is authorized to be appropriated to the President to be made available to the Afghan Ministry of Women's Affairs; and
(ii) $5,000,000 is authorized to be appropriated to the President to be made available to the National Human Rights Commission of Afghanistan.
(C) Relation to other available fundsAmounts made available under subparagraph (B) are in addition to amounts otherwise available for such purposes.
(b) Limitation (1) In generalAmounts made available to carry out this subchapter (except amounts made available for assistance under paragraphs (1) through (3) and subparagraphs (F) through (I) of paragraph (4) of subsection (a) of this section) may be provided only if the President first determines and certifies to Congress with respect to the fiscal year involved that progress is being made toward adopting a constitution and establishing a democratically elected government for Afghanistan that respects human rights.
(2) Waiver (A) In generalThe President may waive the application of paragraph (1) if the President first determines and certifies to Congress that it is important to the national interest of the United States to do so.
(B) Contents of certificationA certification transmitted to Congress under subparagraph (A) shall include a written explanation of the basis for the determination of the President to waive the application of paragraph (1).
(c) Enterprise fund (1) Authorization of appropriationsIn addition to funds otherwise available for such purpose, there are authorized to be appropriated to the President for an enterprise fund for Afghanistan $300,000,000. The provisions contained in section 5421 of this title (excluding the authorizations of appropriations provided in subsection (b) of that section) shall apply with respect to such enterprise fund and to funds made available to such enterprise fund under this subsection.
(2) Availability of fundsAmounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
(d) Monitoring of assistance for Afghanistan (1) Report (A) In generalThe Secretary of State, in consultation with the Administrator for the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the obligations of United States assistance for Afghanistan from all United States Government departments and agencies.
(B) ContentsEach such report shall set forth, for the preceding annual period and cumulatively, a description of—
(i) the activities and the purposes for which funds were obligated;
(ii) the source of the funds stated specifically by fiscal year, agency, and program;
(iii) the participation of each United States Government department or agency; and
(iv) such other information as the Secretary considers appropriate to fully inform Congress on such matters.
(C) Additional requirementsThe first report submitted under this paragraph shall include a cumulative account of information described in subparagraph (B) from all prior periods beginning with fiscal year 2001. The first report under this paragraph shall be submitted not later than March 15, 2005. Subsequent reports shall be submitted every 12 months thereafter and may be included in the report required under section 7536(c)(2) of this title.
(2) Submission of information for reportThe head of each United States Government agency referred to in paragraph (1) shall provide on a timely basis to the Secretary of State such information as the Secretary may reasonably require to allow the Secretary to prepare and submit the report required under paragraph (1).
(Pub. L. 107–327, title I, §103, Dec. 4, 2002, 116 Stat. 2799; Pub. L. 108–458, title VII, §7104(e)(1)(B), (f)(2)–(g), (j)(1), (k)(2), Dec. 17, 2004, 118 Stat. 3782, 3783, 3785, 3787, 3788.)
Amendments2004—Subsec. (a). Pub. L. 108–458, §7104(e)(1)(B), substituted “any other” for “section 512 of Public Law 107–115 or any other similar” in introductory provisions.
Subsec. (a)(3)(A)(i). Pub. L. 108–458, §7104(j)(1)(A), substituted “promote alternatives to poppy cultivation, including the introduction of high value crops that are suitable for export and the provision of appropriate technical assistance and credit mechanisms for farmers,” for “establish crop substitution programs,”.
Subsec. (a)(3)(A)(ii). Pub. L. 108–458, §7104(j)(1)(B), inserted “, and to create special counternarcotics courts, prosecutors, and places of incarceration” before semicolon at end.
Subsec. (a)(3)(A)(iii). Pub. L. 108–458, §7104(j)(1)(C), inserted before semicolon at end “, in particular, notwithstanding section 2420 of this title, by providing non-lethal equipment, training (including training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy), and payments, during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting units”.
Subsec. (a)(3)(A)(vi). Pub. L. 108–458, §7104(j)(1)(D)–(F), added cl. (vi).
Subsec. (a)(4)(M). Pub. L. 108–458, §7104(f)(3), added subpar. (M).
Subsec. (a)(5). Pub. L. 108–458, §7104(f)(2), amended heading and text of par. (5) generally, substituting provisions relating to education, the rule of law, and related issues, for provisions relating to reestablishment of Afghanistan as a viable nation-state.
Subsec. (a)(7)(A)(xii). Pub. L. 108–458, §7104(k)(2), substituted “Afghan Independent” for “National”.
Subsec. (d). Pub. L. 108–458, §7104(g), added subsec. (d).
Change of NameCommittee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Authority To Establish a Program To Develop and Carry Out Infrastructure Projects in AfghanistanPub. L. 111–383, div. A, title XII, §1217, Jan. 7, 2011, 124 Stat. 4393, as amended by Pub. L. 112–81, div. A, title XII, §1217, Dec. 31, 2011, 125 Stat. 1632, provided that:
“(a)
“(b)
“(1)
“(2)
“(c)
“(1) water, power, and transportation projects; and
“(2) other projects in support of the counterinsurgency strategy in Afghanistan.
“(d)
“(e)
“(1)
“(2)
“(f)
“(1)
“(2)
“(3)
“(A) In the case of funds for fiscal year 2011, until September 30, 2012.
“(B) In the case of funds for fiscal year 2012, until September 30, 2013.
“(g)
“(1) a plan for the sustainment of the project; and
“(2) a description of how the project supports the counterinsurgency strategy in Afghanistan.
“(h)
“(1)
“(2)
“(i)
“(1)
“(2)
“(A) The allocation and use of funds under the program during the fiscal year.
“(B) A description of each project for which funds were expended or transferred during the fiscal year.
“(j)
“(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
“(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.”
Performance Monitoring System for United States-Led Provincial Reconstruction Teams in AfghanistanPub. L. 110–417, [div. A], title XII, §1215, Oct. 14, 2008, 122 Stat. 4632, provided that:
“(a)
“(b)
“(1) PRT-specific work plans that incorporate the long-term strategy, mission, and clearly defined objectives required by section 1230(c)(3) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 386), and include plans for developing the capacity of national, provincial, and local government and other civil institutions in Afghanistan to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities; and
“(2) comprehensive performance indicators and measures of progress toward sustainable long-term security and stability in Afghanistan, and include performance standards and progress goals together with a notional timetable for achieving such goals, consistent with the requirements of section 1230(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 388).
“(c)
“(d)
“(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
“(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.”
Declarations of PolicyPub. L. 108–458, title VII, §7104(e)(1)(A), Dec. 17, 2004, 118 Stat. 3781, provided that: “Congress reaffirms the authorities contained in title I of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 [7511] et seq.), relating to economic and democratic development assistance for Afghanistan.”
Pub. L. 108–458, title VII, §7104(f)(1), Dec. 17, 2004, 118 Stat. 3783, provided that: “Congress declares that, although Afghanistan has adopted a new constitution and made progress on primary education, the United States must invest in a concerted effort in Afghanistan to improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university education systems, and to establish new initiatives to increase the capacity of civil society.”
Relief for Afghan Women and ChildrenPub. L. 107–81, Dec. 12, 2001, 115 Stat. 811, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Afghan Women and Children Relief Act of 2001’.
“SEC. 2. FINDINGS.“Congress makes the following findings:
“(1) In Afghanistan, Taliban restrictions on women's participation in society make it nearly impossible for women to exercise their basic human rights. The Taliban restrictions on Afghan women's freedom of expression, association, and movement deny women full participation in society and, consequently, from effectively securing basic access to work, education, and health care.
“(2) Afghanistan has one of the highest infant (165 of 1000) and child (257 of 1000) mortality rates in the world.
“(3) Only 5 percent of rural and 39 percent of urban Afghans have access to safe drinking water.
“(4) It is estimated that 42 percent of all deaths in Afghanistan are due to diarrheal diseases caused by contaminated food and water.
“(5) Over one-third of Afghan children under 5 years of age suffer from malnutrition, 85,000 of whom die annually.
“(6) Seventy percent of the health care system in Afghanistan is dependent on foreign assistance.
“(7) As of May 1998, only 20 percent of hospital medical and surgical beds dedicated to adults were available for women, and thousands of Afghan women and girls are routinely denied health care.
“(8) Women are forbidden to leave their homes without being escorted by a male relative. This prevents many women from seeking basic necessities like health care and food for their children. Doctors, virtually all of whom are male, are also not permitted to provide certain types of care not deemed appropriate by the Taliban.
“(9) Before the Taliban took control of Kabul, schools were coeducational, with women accounting for 70 percent of the teaching force. Women represented about 50 percent of the civil service corps, and 40 percent of the city's physicians were women. Today, the Taliban prohibits women from working as teachers, doctors, and in any other occupation.
“(10) The Taliban prohibit [sic] girls and women from attending school. In 1998, the Taliban ordered the closing of more than 100 privately funded schools where thousands of young women and girls were receiving education and training in skills that would have helped them support themselves and their families.
“(11) Of the many tens of thousands of war widows in Afghanistan, many are forced to beg for food and to sell their possessions because they are not allowed to work.
“(12) Resistance movements courageously continue to educate Afghan girls in secrecy and in foreign countries against Taliban law.
“SEC. 3. AUTHORIZATION OF ASSISTANCE.“(a)
“(b)
“(2) Beginning 6 months after the date of enactment of this Act [Dec. 12, 2001], and at least annually for the 2 years thereafter, the Secretary of State shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives describing the activities carried out under this Act and otherwise describing the condition and status of women and children in Afghanistan and the persons in refugee camps while United States aid is given to displaced Afghans.
“(c)
1 So in original. Probably should be “ordnance.”
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