22 U.S.C. § 7512 — Purposes of assistance

Page 1953 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7512 sional committees a report on United States efforts to fulfill the requirements of this subsection. The re- port required by this paragraph may be transmitted concurrently with any similar report required by the Afghanistan Freedom Support Act of 2002 [22 U.S.C. 7501 et seq.].’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 2041 of Pub. L. 110–53, set out above, see section 2002 of Pub. L. 110–53, set out as a note under section 2151 of this title.] [For assignment of functions of President under sec- tion 2041(d)(3) of Pub. L. 110–53, set out above, see Memorandum of President of the United States, Sept. 28, 2007, 72 F.R. 56871, set out as a note under section 2228 of this title.] COORDINATION OF ASSISTANCE Pub. L. 108–458, title VII, § 7104(b), Dec. 17, 2004, 118 Stat. 3780, provided that: ‘‘(1) FINDINGS.—Consistent with the report of the Na- tional Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ‘‘(A) The United States and its allies in the inter- national community have made progress in pro- moting economic and political reform within Afghan- istan, including the establishment of a central gov- ernment with a democratic constitution, a new cur- rency, and a new army, the increase of personal free- dom, 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 offi- cials; and ‘‘(vii) ending the cultivation, production, and trafficking of narcotics. ‘‘(C) The United States and the international com- munity must make a long-term commitment to ad- dressing the unstable security situation in Afghani- stan 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 Afghani- stan 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 pros- perous Afghanistan that respects the rights of its citizens and is free of international terrorist organi- zations. ‘‘(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 inter- national commitments to assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-nar- cotics efforts, and expanding infrastructure and pub- lic services throughout the country. ‘‘(C) Take appropriate steps to increase the assist- ance provided under programs of the Department of State and the United States Agency for International Development throughout Afghanistan and to increase the number of personnel of those agencies in Afghani- stan as necessary to support the increased assist- ance.’’ DECLARATIONS OF GENERAL POLICY Pub. L. 108–458, title VII, § 7104(e)(2), Dec. 17, 2004, 118 Stat. 3782, provided that: ‘‘Congress makes the fol- lowing declarations: ‘‘(A) The United States reaffirms the support that it and other countries expressed for the report enti- tled ‘Securing Afghanistan’s Future’ in their Berlin Declaration of April 2004. The United States should help enable the growth needed to create an economi- cally sustainable Afghanistan capable of the poverty reduction and social development foreseen in the re- port. ‘‘(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 under- mined, including by warlords or narcotics traffickers. ‘‘(C) The United States continues to urge North At- lantic Treaty Organization members and other friendly countries to make much greater military contributions toward securing the peace in Afghani- stan.’’ § 7512. Purposes of assistance The purposes of assistance authorized by this subchapter are— (1) to help assure the security of the United States and the world by reducing or elimi- nating the likelihood of violence against United States or allied forces in Afghanistan and to reduce the chance that Afghanistan will again be a source of international ter- rorism; (2) to support the continued efforts of the United States and the international commu- nity to address the humanitarian crisis in Af- ghanistan and among Afghan refugees in neighboring countries; (3) to fight the production and flow of illicit narcotics, to control the flow of precursor chemicals used in the production of heroin, and to enhance and bolster the capacities of Afghan governmental authorities to control poppy cultivation and related activities; (4) to help achieve a broad-based, multi-eth- nic, gender-sensitive, and fully representative government in Afghanistan that is freely cho- sen by the people of Afghanistan and that re- spects the human rights of all Afghans, par- ticularly women, including authorizing assist- ance for the rehabilitation and reconstruction of Afghanistan with a particular emphasis on meeting the educational, health, and suste- nance needs of women and children to better enable their full participation in Afghan soci- ety; (5) to support the Government of Afghani- stan in its development of the capacity to fa- cilitate, organize, develop, and implement projects and activities that meet the needs of the Afghan people; (6) to foster the participation of civil society in the establishment of the new Afghan gov- ernment in order to achieve a broad-based, multi-ethnic, gender-sensitive, fully rep- resentative government freely chosen by the Afghan people, without prejudice to any deci- sions which may be freely taken by the Afghan people about the precise form in which their government is to be organized in the future; (7) to support the reconstruction of Afghani- stan through, among other things, programs that create jobs, facilitate clearance of land- mines, and rebuild the agriculture sector, the Page 1954 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7513 1 So in original. Probably should be ‘‘ordnance.’’ health care system, and the educational sys- tem of Afghanistan; (8) to provide resources to the Ministry for Women’s Affairs of Afghanistan to carry out its responsibilities for legal advocacy, edu- cation, vocational training, and women’s health programs; and (9) to foster the growth of a pluralistic soci- ety that promotes and respects religious free- dom. (Pub. L. 107–327, title I, § 102, Dec. 4, 2002, 116 Stat. 2798.) § 7513. 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 humanitarian needs To assist in meeting the urgent humani- tarian needs of the people of Afghanistan, in- cluding 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 infec- tious diseases surveillance and treatment; (D) family tracing and reunification serv- ices; and (E) clearance of landmines and other unexploded ordinance.1 (2) Repatriation and resettlement of refugees and internally displaced persons To assist refugees and internally displaced persons as they return to their home commu- nities in Afghanistan and to support their re- integration 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 organiza- tions and host governments in maintaining security by screening refugees to ensure the exclusion of armed combatants, members of foreign terrorist organizations, and other in- dividuals not eligible for economic assist- ance from the United States; and (D) assistance for voluntary refugee repa- triation and reintegration inside Afghani- stan and continued assistance to those refu- gees 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 orga- nizations charged with providing such assist- ance. (3) Counternarcotics efforts (A) To assist in the eradication of poppy cul- tivation, the disruption of heroin production, and the reduction of the overall supply and de- mand for illicit narcotics in Afghanistan and the region, with particular emphasis on assist- ance to— (i) eradicate opium poppy, promote alter- natives to poppy cultivation, including the introduction of high value crops that are suitable for export and the provision of ap- propriate 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 nar- cotics 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 enti- ties, to help enforce counternarcotics laws in Afghanistan and limit illicit narcotics growth, production, and trafficking in Af- ghanistan, and to create special counter- narcotics courts, prosecutors, and places of incarceration; (iii) train and provide equipment for cus- toms, police, and other border control enti- ties in Afghanistan and the region relating to illicit narcotics interdiction and relating to precursor chemical controls and interdic- tion to help disrupt heroin production in Af- ghanistan and the region, in particular, not- withstanding section 2420 of this title, by providing non-lethal equipment, training (including training in internationally recog- nized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democ- racy), and payments, during fiscal years 2005 through 2008, for salaries for special counter- narcotics police and supporting units; (iv) continue the annual opium crop sur- vey 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 appro- priated 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 avail- able under the preceding sentence are in addi- tion to amounts otherwise available for such purposes.