22 U.S.C. § 7511 — Declaration of policy

Page 1951 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7511 Sec. SUBCHAPTER I—ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN 7511. Declaration of policy. 7512. Purposes of assistance. 7513. Authorization of assistance. 7514. Coordination of assistance. 7515. Sense of Congress regarding promoting co- operation in opium producing areas. 7516. Administrative provisions. 7517. Relationship to other authority. 7518. Authorization of appropriations. SUBCHAPTER II—MILITARY ASSISTANCE FOR AF- GHANISTAN AND CERTAIN OTHER FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZA- TIONS 7531 to 7538. Omitted. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 7551. Requirement to comply with procedures re- lating to the prohibition on assistance to drug traffickers. 7552. Sense of Congress regarding protecting Af- ghanistan’s President. 7553. Donor contributions to Afghanistan and re- ports. 7554. Reports. 7555. Formulation of long-term strategy for Af- ghanistan. 7556. Benchmarks to evaluate the progress being made toward the transition of security re- sponsibilities for Afghanistan to the Gov- ernment of Afghanistan. § 7501. Definition In this chapter, the term ‘‘Government of Af- ghanistan’’ includes— (1) the government of any political subdivi- sion of Afghanistan; and (2) any agency or instrumentality of the Government of Afghanistan. (Pub. L. 107–327, § 1(c), Dec. 4, 2002, 116 Stat. 2797.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–458, title VII, § 7104(a), Dec. 17, 2004, 118 Stat. 3780, provided that: ‘‘This section [enacting sec- tions 7536a and 7555 of this title, amending sections 7513, 7514, 7518, 7536, 7537, 7538, and 7554 of this title, re- pealing section 2374 of this title, and enacting provi- sions set out as notes under sections 7511, 7513, 7514, and 7536 of this title] may be cited as the ‘Afghanistan Freedom Support Act Amendments of 2004’.’’ SHORT TITLE Pub. L. 107–327, § 1(a), Dec. 4, 2002, 116 Stat. 2797, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Afghanistan Freedom Support Act of 2002’.’’ SUBCHAPTER I—ECONOMIC AND DEMO- CRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN § 7511. Declaration of policy Congress makes the following declarations: (1) The United States and the international community should support efforts that ad- vance the development of democratic civil au- thorities and institutions in Afghanistan and the establishment of a new broad-based, multi- ethnic, gender-sensitive, and fully representa- tive government in Afghanistan. (2) The United States, in particular, should provide its expertise to meet immediate hu- manitarian and refugee needs, fight the pro- duction and flow of illicit narcotics, and aid in the reconstruction of Afghanistan. (3) By promoting peace and security in Af- ghanistan and preventing a return to conflict, the United States and the international com- munity can help ensure that Afghanistan does not again become a source for international terrorism. (4) The United States should support the ob- jectives agreed to on December 5, 2001, in Bonn, Germany, regarding the provisional ar- rangement for Afghanistan as it moves toward the establishment of permanent institutions and, in particular, should work intensively to- ward ensuring the future neutrality of Afghan- istan, establishing the principle that neigh- boring countries and other countries in the re- gion do not threaten or interfere in one an- other’s sovereignty, territorial integrity, or political independence, including supporting diplomatic initiatives to support this goal. (5) The special emergency situation in Af- ghanistan, which from the perspective of the American people combines security, humani- tarian, political, law enforcement, and devel- opment imperatives, requires that the Presi- dent should receive maximum flexibility in de- signing, coordinating, and administering ef- forts with respect to assistance for Afghani- stan 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 ter- rorism, the United States and the inter- national community should also support ef- forts that advance the development of demo- cratic civil authorities and institutions in the broader Central Asia region. (Pub. L. 107–327, title I, § 101, Dec. 4, 2002, 116 Stat. 2798.) Statutory Notes and Related Subsidiaries MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE NEGOTIATIONS Pub. L. 116–92, div. A, title XII, § 1216, Dec. 20, 2019, 133 Stat. 1633, provided that: ‘‘(a) IN GENERAL.—The Secretary of State, in coordi- nation with the Secretary of Defense, shall seek to en- sure the meaningful participation of Afghan women in the peace process in Afghanistan in a manner con- sistent with the Women, Peace, and Security Act of 2017 (22 U.S.C. 2152j et seq.), including through advo- cacy for the inclusion of Afghan women in ongoing and future negotiations to end the conflict in Afghanistan. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Sec- retary of State, in coordination with the Secretary of Defense, shall submit to the appropriate committees of Congress a report describing the steps taken to fulfill the duties of the Secretary of State and the Secretary of Defense under subsection (a). ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ Page 1952 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7511 CONSULTATIONS WITH CONGRESS ON A BILATERAL SECURITY AGREEMENT WITH AFGHANISTAN Pub. L. 112–239, div. A, title XII, § 1225, Jan. 2, 2013, 126 Stat. 1999, provided that: ‘‘(a) CONSULTATIONS REQUIRED.—Commencing not later than 30 days after the date of the enactment of this Act [Jan. 2, 2013], the President shall consult peri- odically with the appropriate committees of Congress on the status of the negotiations on a bilateral security agreement between the United States of America and the Islamic Republic of Afghanistan. Such consulta- tions shall include a briefing summarizing the purpose, objectives, and key issues relating to the agreement. ‘‘(b) AVAILABILITY OF AGREEMENT TEXT.—Before en- tering into any bilateral security agreement with Af- ghanistan, the President shall make available to the appropriate committees of Congress the text of such agreement. ‘‘(c) TERMINATION OF CONSULTATIONS.—The require- ments of this section shall terminate on the date on which the United States and Afghanistan enter into a bilateral security agreement or the President notifies Congress that negotiations on such an agreement have been terminated. ‘‘(d) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ STRATEGY FOR THE UNITED STATES RELATIONSHIP WITH AFGHANISTAN Pub. L. 110–53, title XX, § 2041, Aug. 3, 2007, 121 Stat. 518, provided that: ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: ‘‘(1) A democratic, stable, and prosperous Afghani- stan is vital to the national security of the United States and to combating international terrorism. ‘‘(2) Following the ouster of the Taliban regime in 2001, the Government of Afghanistan, with assistance from the United States and the international commu- nity, has achieved some notable successes, includ- ing— ‘‘(A) adopting a constitution; ‘‘(B) holding presidential, parliamentary, and pro- vincial council elections; ‘‘(C) improving the protection of human rights, including women’s rights; and ‘‘(D) expanding educational opportunities. ‘‘(3) The following factors pose a serious and imme- diate threat to the stability of Afghanistan: ‘‘(A) Taliban and anti-government forces, al Qaeda, and criminal networks. ‘‘(B) Drug trafficking and corruption. ‘‘(C) Weak institutions of administration, secu- rity, and justice, including pervasive lack of the rule of law. ‘‘(D) Poverty, unemployment, and lack of provi- sion of basic services. ‘‘(4) The United States and the international com- munity must significantly increase political, eco- nomic, and military support to Afghanistan to ensure its long-term stability and prosperity, and to deny violent extremist groups such as al Qaeda sanctuary in Afghanistan. ‘‘(b) STATEMENTS OF POLICY.—The following shall be the policies of the United States: ‘‘(1) The United States shall vigorously support the people and Government of Afghanistan as they con- tinue to commit to the path toward a government representing and protecting the rights of all Afghans, and shall maintain its long-term commitment to the people of Afghanistan by increased assistance and the continued deployment of United States troops in Af- ghanistan as long as the Government of Afghanistan supports such United States involvement. ‘‘(2) In order to reduce the ability of the Taliban and al Qaeda to finance their operations through the opium trade, the President shall engage aggressively with the Government of Afghanistan, countries in the region or otherwise influenced by the trade and tran- sit of narcotics, as well as North Atlantic Treaty Or- ganization (NATO) partners of the United States, and in consultation with Congress, to assess the success of the current Afghan counter-narcotics strategy and to explore additional options for addressing the nar- cotics crisis in Afghanistan, including possible changes in rules of engagement for NATO and Coali- tion forces for participation in actions against nar- cotics trafficking and kingpins, and the provision of comprehensive assistance to farmers who rely on opium for their livelihood, including through the pro- motion of alternative crops and livelihoods. ‘‘(3) The United States shall continue to work with and provide assistance to the Government of Afghani- stan to strengthen local and national government in- stitutions and the rule of law, including the training of judges and prosecutors, and to train and equip the Afghan National Security Forces. ‘‘(4) The United States shall continue to call on NATO members participating in operations in Af- ghanistan to meet their commitments to provide forces and equipment, and to lift restrictions on how such forces can be deployed. ‘‘(5) The United States shall continue to foster greater understanding and cooperation between the Governments of Afghanistan and Pakistan by taking the following actions: ‘‘(A) Facilitating greater communication, includ- ing through official mechanisms such as the Tri- partite Commission and the Joint Intelligence Op- erations Center, and by promoting other forms of exchange between the parliaments and civil society of the two countries. ‘‘(B) Urging the Government of Afghanistan to enter into a political dialogue with Pakistan with respect to all issues relating to the border between the two countries, with the aim of establishing a mutually-recognized and monitored border, open to human and economic exchange, and with both countries fully responsible for border security. ‘‘(c) STATEMENT OF CONGRESS.—Congress strongly urges that the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) be reauthorized and updated to take into account new developments in Afghanistan and in the region so as to demonstrate the continued support by the United States for the people and Gov- ernment of Afghanistan. ‘‘(d) EMERGENCY INCREASE IN EFFECTIVE POLICE TRAINING AND POLICING OPERATIONS.— ‘‘(1) CONGRESSIONAL FINDING.—Congress finds that police training programs in Afghanistan have achieved far less return on substantial investment to date and require a substantive review and justifica- tion of the means and purposes of such assistance, consequent to any provision of additional resources. ‘‘(2) ASSISTANCE AUTHORIZED.—The President shall make increased efforts, on an urgent basis, to— ‘‘(A) dramatically improve the capability and ef- fectiveness of United States and international po- lice trainers, mentors, and police personnel for po- lice training programs in Afghanistan, as well as develop a pretraining screening program; ‘‘(B) increase the numbers of such trainers, men- tors, and personnel only if such increase is deter- mined to improve the performance and capabilities of the Afghanistan civil security forces; and ‘‘(C) assist the Government of Afghanistan, in conjunction with the Afghanistan civil security forces and their leadership, in addressing the cor- ruption crisis that is threatening to undermine Af- ghanistan’s future. ‘‘(3) REPORT.—Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2007], and every 6 months thereafter until September 30, 2010, the President shall transmit to the appropriate congres- 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