ASSISTANCE FOR AFGHANISTAN.

SEC. 7104. ASSISTANCE FOR AFGHANISTAN.(a) Short Title.—This section may be cited as the “Afghanistan Freedom Support Act Amendments of 2004”.(b) Coordination of Assistance.—(1) Findings.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:(A) The United States and its allies in the international community have made progress in promoting economic and political reform within Afghanistan, including the establishment of a central government with a democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of the standard of living of many Afghans.(B) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon—(i) improving security throughout the country;(ii) disarming and demobilizing militias;(iii) curtailing the rule of the warlords;(iv) promoting equitable economic development;(v) protecting the human rights of the people of Afghanistan;(vi) continuing to hold elections for public officials; and(vii) ending the cultivation, production, and trafficking of narcotics.(C) The United States and the international community must make a long-term commitment to addressing the unstable security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for international terrorism.(2) Sense of congress.—It is the sense of Congress that the United States Government should take, with respect to Afghanistan, the following actions:(A) Work with other nations to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.(B) Use the voice and vote of the United States in relevant international organizations, including the North Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the country.(C) Take appropriate steps to increase the assistance provided under programs of the Department of State and the United States Agency for International Development throughout Afghanistan and to increase the number of 118 STAT. 3781 personnel of those agencies in Afghanistan as necessary to support the increased assistance.(c) Coordinator for Assistance.—(1) Findings.—Congress makes the following findings:(A) The Final Report of the National Commission on Terrorist Attacks Upon the United States criticized the provision of United States assistance to Afghanistan for being too inflexible.(B) The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) contains provisions that provide for flexibility in the provision of assistance for Afghanistan and are not subject to the requirements of typical foreign assistance programs and provide for the designation of a coordinator to oversee United States assistance for Afghanistan.(2) Designation of coordinator.—Section 104(a) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is amended in the matter preceding paragraph (1) by striking “is strongly urged to” and inserting “shall”.(d) Assistance Plan; International Coordination.—Section 104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended by adding at the end the following:“(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.(e) General Provisions Relating to the Afghanistan Freedom Support Act of 2002.—(1) Assistance to promote economic, political and social development.—118 STAT. 3782(A) Declaration of policy.—Congress reaffirms the authorities contained in title I of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic development assistance for Afghanistan.(B) Provision of assistance.—Section 103(a) of such Act (22 U.S.C. 7513(a)) is amended in the matter preceding paragraph (1) by striking “section 512 of Public Law 107–115 or any other similar” and inserting “any other”.(2) Declarations of general policy.—Congress makes the following declarations:(A) The United States reaffirms the support that it and other countries expressed for the report entitled “Securing Afghanistan’s Future” in their Berlin Declaration of April 2004. The United States should help enable the growth needed to create an economically sustainable Afghanistan capable of the poverty reduction and social development foreseen in the report.(B) The United States supports the parliamentary elections to be held in Afghanistan by April 2005 and will help ensure that such elections are not undermined, including by warlords or narcotics traffickers.(C) The United States continues to urge North Atlantic Treaty Organization members and other friendly countries to make much greater military contributions toward securing the peace in Afghanistan.(3) Form of reports.—Section 304 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7554) is amended—(A) by striking “The Secretary” and inserting the following:“(a) In General.—The Secretary”;(B) by striking “The first report” and inserting the following:“(b) Deadline for Submission.—The first report”; and(C) by adding at the end the following:“(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.”.(4) Long-term strategy.—(A) Strategy.—Title III of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7551 et seq.) is amended by adding at the end the following:“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.118 STAT. 3783“(2) Contents.—The strategy formulated under paragraph (1) shall include specific and measurable goals for addressing the long-term development and security needs of Afghanistan, including sectors such as agriculture and irrigation, parliamentary and democratic development, the judicial system and rule of law, human rights, education, health, telecommunications, electricity, women’s rights, counternarcotics, police, border security, anti-corruption, and other law-enforcement activities, as well as the anticipated costs and time frames associated with achieving those goals.“(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.” .(B) Clerical amendment.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by adding after the item relating to section 303 the following new item: “Sec. 305. Formulation of long-term strategy for Afghanistan.”. (f) Education, the Rule of Law, and Related Issues.—(1) Declaration of policy.—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.(2) Amendment.—Section 103(a)(5) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended to read as follows:“(5) Education, the rule of law, and related issues.—“(A) Education.—To 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 118 STAT. 3784 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 law.—To 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 democracy.—To support the development of democratic institutions in Afghanistan, including assistance for—118 STAT. 3785“(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 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.”.(3) Conforming amendment.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4)) is amended—(A) in subparagraph (K), by striking “and” at the end;(B) in subparagraph (L), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(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.”.(g) Monitoring of Assistance for Afghanistan.—Section 103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513), is amended by adding at the end the following:“(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 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) Contents.—Each 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; and118 STAT. 3786“(iv) such other information as the Secretary considers appropriate to fully inform Congress on such matters.“(C) Additional requirements.—The 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 206(c)(2).“(2) Submission of information for report.—The 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).”.(h) United States Policy To Support Disarmament of Private Militias and Expansion of International Peacekeeping and Security Operations in Afghanistan.—(1) United states policy relating to disarmament of private militias.—(A) In general.—It shall be the policy of the United States to take immediate steps to provide active support for the disarmament, demobilization, and reintegration of armed soldiers, particularly child soldiers, in Afghanistan, in close consultation with the President of Afghanistan.(B) Report.—The report required under section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) shall include a description of the progress to implement paragraph (1).(2) International peacekeeping and security operations.—Section 206 of such Act (22 U.S.C. 7536) is amended by adding at the end the following:“(e) 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) increase the area in which security is provided and undertake vital tasks related to promoting security, such as disarming warlords, militias, and irregulars, and disrupting opium production; and“(2) safeguard highways in order to allow the free flow of commerce and to allow material assistance to the people of Afghanistan, and aid personnel in Afghanistan, to move more freely.”.(i) Efforts To Expand International Peacekeeping and Security Operations in Afghanistan.—Section 206(d)(1) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as follows:“(1) Efforts to expand international peacekeeping and security operations in afghanistan.—“(A) Efforts.—The President shall encourage, and, as authorized by law, enable other countries to actively participate in expanded international peacekeeping and 118 STAT. 3787 security operations in Afghanistan, especially through the provision of military personnel for extended periods of time.“(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 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).”.(j) Provisions Relating to Counternarcotics Efforts in Afghanistan.—(1) Authorization of assistance.—Section 103(a)(3)(A) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(3)(A)) is amended—(A) in clause (i), by striking “establish crop substitution programs,” and inserting “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,”;(B) in clause (ii), by inserting before the semicolon at the end the following: “, and to create special counternarcotics courts, prosecutors, and places of incarceration”;(C) in clause (iii), by inserting before the semicolon at the end the following: “, in particular, notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), 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”;(D) in clause (iv), by striking “and” at the end;(E) in clause (v), by striking the period at the end and inserting “; and”; and(F) by adding after clause (v) the following:“(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.”.(2) Sense of congress and report.—Title II of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.) is amended—(A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and(B) by inserting after section 206 the following:“SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS IN AFGHANISTAN.“(a) Sense of Congress.—It is the sense of Congress that—“(1) the President should make the substantial reduction of illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism;“(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other appropriate Federal 118 STAT. 3788 agencies, should expand cooperation with the Government of Afghanistan and international organizations involved in counter-drug activities to assist in providing a secure environment for counter-drug personnel in Afghanistan; and“(3) the United States, in conjunction with the Government of Afghanistan and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related activities that provide financial support for terrorist organizations in Afghanistan and neighboring countries.“(b) Report Required.—(1) The Secretary of Defense and the Secretary of State shall jointly prepare a report that describes—“(A) the progress made toward substantially reducing poppy cultivation and heroin production capabilities in Afghanistan; and“(B) the extent to which profits from illegal drug activity in Afghanistan are used to financially support terrorist organizations and groups seeking to undermine the Government of Afghanistan.“(2) The report required by this subsection shall be submitted to Congress not later than 120 days after the date of the enactment of the 9/11 Recommendations Implementation Act.” .(3) Clerical amendment.—The table of contents for such Act (22 U.S.C. 7501 note) is amended by striking the items relating to sections 207 and 208 and inserting the following: “Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghanistan. “Sec. 208. Relationship to other authority. “Sec. 209. Authorization of appropriations.”. (k) Additional Amendments to Afghanistan Freedom Support Act of 2002.—(1) Extension of reports on implementation of strategy.—Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A) by striking “2007” and inserting “2010”.(2) Technical amendment.—Section 103(a)(7)(A)(xii) of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking “National” and inserting “Afghan Independent”.(l) Repeal of Prohibition on Assistance.—Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to prohibition on assistance to Afghanistan) is repealed.(m) Authorization of Appropriations.—Section 108(a) of the Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is amended by striking “$1,825,000,000 for fiscal year 2004” and all that follows and inserting “such sums as may be necessary for each of the fiscal years 2005 and 2006.”.