[Senate Report 107-278]
[From the U.S. Government Publishing Office]
Calendar No. 597
107th Congress Report
SENATE
2d Session 107-278
======================================================================
AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
_______
September 12, 2002.--Ordered to be printed
_______
Mr. Biden, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 2712]
The Committee on Foreign Relations, to which was referred
the bill (S. 2712), to authorize economic and democratic
development assistance for Afghanistan and to authorize
military assistance for Afghanistan and certain other foreign
countries, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for Legislation..............................2
III. Committee Action.................................................3
IV. Section-by-Section Analysis......................................4
V. Congressional Budget Office Cost Estimate........................9
VI. Evaluation of Regulatory Impact.................................11
VII. Changes in Existing Law.........................................11
I. Purpose and Summary
The Afghanistan Freedom Support Act of 2002 (S. 2712)
commits the United States to the stability, security,
reconstruction, and democratic development of Afghanistan. In
addition to $2.5 billion in economic, humanitarian, and
political assistance authorized over four years in Title I of
this bill ($2 billion in section 108, $500 million in section
104), Title II seeks to enhance the security and stability of
Afghanistan and the region by authorizing $300 million in
drawdown authority for military and security assistance to
Afghanistan and to certain other countries, including
assistance for counter-narcotics, crime control, and police
training.
S. 2712 also includes a provision expressing the sense of
Congress that the International Security Assistance Force
(ISAF) in Afghanistan should be expanded beyond Kabul. In the
event such an expansion is pursued, the bill authorizes $500
million per year for FY2003 and FY2004, for a total of $1
billion, if the President makes that decision.
This legislation is similar to H.R. 3994. The House of
Representatives passed H.R. 3994 on May 21, 2002 by a vote of
390-22 (see House Report 107-420).
II. Background and Need for Legislation
The Afghanistan Freedom Support Act authorizes a broad
range of political, economic, humanitarian, and security
assistance for Afghanistan. The Administration's flexibility is
enhanced through the authorization of a total of $3.8 billion
over 4 years ($2 billion in section 108, $500 million in
section 104, $1 billion in section 208, $300 million in section
202(b)).
Achieving stability, security, and reconstruction in
Afghanistan requires sustained American leadership and
assistance over the next decade. Deputy Secretary of State
Richard Armitage testified before the Committee on June 26,
2002 that the long-term costs of reconstruction, humanitarian,
and security assistance over the next 10 years could reach $10
billion. Other estimates, including those by World Bank
economists, place the figure considerably higher.
A report titled ``U.S. Support for Afghan Women Children,
and Refugees'' submitted to the Congress by the Department of
State on June 28, 2002, noted that ``Afghanistan today is only
beginning to recover from one of the world's worst man-made
disasters aggravated by an unforgiving natural environment . .
. in the short term, extraordinary efforts are still necessary
to respond to the urgent humanitarian needs of the Afghan
people.''
The goals of American policy in Afghanistan--including
prevention of a return of the Taliban and al-Qaeda, pursuing
counternarcotics efforts, and fostering a stable democratic
government--are dependent on the establishment of internal
security. It is in the national interest of the United States,
therefore, to help establish and maintain the security of
Afghanistan. Eventually this duty will be carried out by the
national army and police currently being trained by the United
States and other nations, but this process is a long-term
effort. Committee staff learned, during an August 2002 trip to
Afghanistan, that the program has trained only one guard
battalion and two half-strength combat battalions in the 3
months it has been in operation, and the structural impediments
to more rapid expansion remain in place. In the interim period
before an Afghan army can ensure stability, the maintenance of
security relies heavily on the UN-mandated International
Security Assistance Force (ISAF) within Kabul, and on U.S.
forces outside the nation's capital. Key U.S. allies have
stressed the necessity of American military support of ISAF for
airlift, logistics, intelligence, and other crucial
requirements. Congress wishes to provide the President with the
means to effect the expansion of peacekeeping troops outside of
Kabul, as suggested by Deputy Secretary of Defense Wolfowitz on
September 5, 2002 in a speech at the Brookings Institution.
Deputy Secretary Wolfowitz highlighted the linkage between
economic development and security when he testified before the
Committee on June 26, 2002 that ``the most important instrument
that the Afghan Authority and we have to establish a stable
security situation is the leverage provided by economic
assistance.''
Security in Afghanistan is precarious, at best. On July 6,
2002, assassins killed Haji Abdul Qadir, a Vice President and
Minister of Public Works in Afghanistan. Soon after, U.S.
Special Forces were assigned to protect Afghan President Hamid
Karzai. On September 5, 2002, Karzai himself narrowly escaped
an assassination attempt in Kandahar; within hours of this
attack, at least 25 people were killed in two bomb blasts in
the capital city of Kabul, acts attributed to anti-U.S. warlord
Gulbuddin Hekmatyar or remnants of the Taliban and al-Qaeda.
Political conflict among rival warlords, and between warlords
and the central government, has threatened the Afghan
government's efforts at unity and military integration.
III. Committee Action
The Committee held the following hearings on Afghanistan:
June 26, 2002: ``Afghanistan: Building Stability,
Avoiding Chaos''
Witnesses: Deputy Secretary of State Richard Armitage
Deputy Secretary of Defense Paul Wolfowitz
Brig. Gen. (Ret.) David Grange
The Hon. Peter Tomsen, former Special Envoy to Afghanistan
(1989-92)
December 6, 2001: ``The Political Future of
Afghanistan''
Witnesses: The Hon. Richard Haass, Director, Policy Planning,
Department of State
The Hon. Christina Rocca, Assistant Secretary of State for
South Asian Affairs
Mrs. Fatima Gailani, Advisor, National Islamic Front of
Afghanistan
Dr. Thomas Goutierre, Dean of International Studies and
Director of the Center for Afghanistan Studies, University
of Nebraska-Omaha
November 15, 2001: ``Humanitarian Crisis: Is Enough
Aid Reaching Afghanistan?'' (Subcommittees on Near Eastern
and South Asian Affairs/International Operations and
Terrorism)
Witnesses: Mr. Alan Kreczko, Acting Assistant Secretary of
State, Bureau of Population, Refugees and Migration
Mr. Bernard McConnell, Director of Central Asian Task Force,
USAID
The Hon. Andrew Natsios, Administrator, USAID
Mr. Leonard Rogers, Acting Assistant Administrator for
Humanitarian Response, USAID
Mr. Mark Barolini, vice president of Government Relations,
International Rescue Committee
Mr. Joel Charny, Vice President, Refugees International
Mr. George Devendorf, Director of Emergency Operations, Mercy
Corps
October 10, 2001: ``Afghanistan's Humanitarian
Crisis'' (Subcommittees on Near Eastern and South Asian
Affairs/International Operations and Terrorism)
Witnesses: Mr. Alan Kreczko, Acting Assistant Secretary of
State, Bureau of Population, Refugees and Migration
The Hon. Andrew Natsios, Administrator, USAID
The Hon. Christina Rocca, Assistant Secretary of State for
South Asian Affairs
Mr. Ken Bacon, President, Refugees International
Dr. Nicolas DeTorrente, Executive Director, Doctors Without
Borders
Ms. Eleanor Smeal, President, Feminist Majority
On July 9, Senator Hagel introduced S. 2712, which was
referred to the Committee. On August 1, 2002, the Committee
considered a Senator Hagel substitute amendment to S. 2712,
pursuant to notice, in open session. The Committee then
considered, and approved by voice vote three amendments offered
to the substitute, one by Senator Boxer, one by Senator
Brownback, and one by Senator Sarbanes. The Committee then
agreed, by unanimous voice vote, to order the bill reported, as
amended.
IV. Section-by-Section Analysis
Section 1. Short Title
Section 1 cites the act as the ``Afghanistan Freedom
Support Act of 2002.''
TITLE I. ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of Policy
This section includes six declarations outlining general
categories of assistance for Afghanistan, including support
for: development of democratic and civil authorities and a
broad-based, multi-ethnic, gender-sensitive government;
humanitarian needs and counter-narcotics initiatives; peace and
security; the objectives of the Bonn conference, including
Afghanistan's territorial integrity and neutrality in foreign
affairs and non-interference in Afghanistan's domestic
politics; the special emergency situation in Afghanistan; and
efforts to foster stability and democratization and elimination
of terrorism.
Sec. 102. Purposes of Assistance
This section describes the purposes of assistance
authorized in Title I, including: reducing the chance that
Afghanistan will again be a source of international terrorism;
supporting the efforts of the United States and the
international community to address the humanitarian crisis in
Afghanistan and the region; supporting counter-narcotics
efforts; helping achieve a broad-based, general-sensitive and
representative government; encouraging participation of Afghan
civil society in a new Afghan government; supporting the
reconstruction of Afghanistan, including clearance of landmines
and building of roads; and providing resources to the Ministry
of Women's Affairs of Afghanistan.
Sec. 103. Principles of Assistance
This section lists the principles that should guide the
assistance authorized in this title, including: terrorism and
narcotics control; the role of women; Afghan ownership;
stability and security in Afghanistan; and coordination of
international and donor efforts.
Sec. 104. Authorization of Assistance
This section authorizes assistance for Afghanistan in the
following areas: urgent humanitarian needs; repatriation and
resettlement of refugees and internally displaced persons;
counter-narcotics efforts; reestablishment of food security,
rehabilitation of the agriculture sector, improvement in health
conditions, and the reconstruction of basic infrastructure;
reestablishment of Afghanistan as a viable nation-state
(including not less than $10 million per year for FY2003-FY2005
for carrying out a loya jirga and support for elections and
political party development); market economy; and assistance to
women and girls (including $15 million per year for the Afghan
Ministry of Women's Affairs and $5 million per year for the
National Human Rights Commission of Afghanistan).
Some of the funds authorized by this title may be provided
only if the President 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 in Afghanistan.'' Recognizing both the
urgency and uncertainty of the transition process in
Afghanistan, this section also provides a waiver of this
limitation ``if the President first determines and certifies to
Congress that it is important to the national interest of the
United States to do so.''
The Committee notes the outstanding work of the Center for
Afghanistan Studies at the University of Nebraska-Omaha (UNO)
to re-build Afghanistan's educational system. UNO, working with
USAID, published over 10.6 million textbooks for Afghan
students by mid-April 2002. The Committee urges allocation of
funding for UNO's ``America's Rapid Response to Education Needs
in Afghanistan (ARRENA)'' project and other UNO initiatives to
support educational capacity-building, teacher training, and
primary, secondary, and vocational education in Afghanistan.
This title also includes authorization of $500 million for
FY2003-FY2005 for an enterprise fund to encourage private
sector development and job creation. This sum is in addition
to, rather than a part of, the $2 billion authorized in section
108.
Sec. 105. Coordination of Assistance
This section strongly urges the President to designate a
coordinator for Afghan policy who, if appointed and confirmed
by the Senate, will be responsible for strategy development;
policy coordination among U.S. Government agencies, other
countries, and international organizations with respect to
Afghanistan; management and oversight; resolution of policy and
program disputes among U.S. Government agencies with respect to
Afghanistan. The coordinator shall hold the rank and status of
ambassador.
Sec. 106. Administrative Provisions
This section includes administrative provisions, including,
to the extent feasible, use of the expertise of Afghan-
Americans, donations of manufacturing and related equipment by
U.S. businesses, and utilization of research conducted by land
grant colleges and universities. Amounts made available to
carry out this title may be made available to a Federal
department or agency for expenses incurred providing assistance
under this title. The Comptroller General and the Inspector
General of the U.S. Agency for International Development shall
monitor the provision of assistance under this title. The
Committee urges that to the maximum extent practicable that
assistance authorized under this title be provided directly to
the Government of Afghanistan.
Sec. 107. 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. Authorization of Appropriations
This section provides authorization of appropriations of $2
billion over years 2002-2005, in addition to $500 million
authorized for Enterprise Fund for FY2003-FY2005. In order to
provide flexibility for spending decisions based on local
absorptive capacity, funds are authorized to remain available
until expended. This includes sums authorized for FY2002, as
the legislation was initiated before the close of this fiscal
year, and it is the intent of Congress that the overall
authorization not be decreased by delays in the legislative
schedule.
In light of the special circumstances of the United States'
commitment to Afghanistan, expressed by President Bush's
reference to the Marshall Plan in describing America's role in
the reconstruction of Afghanistan, the funding authorization in
this act is intended to supplement--not replace--any additional
funds devoted to Afghanistan from other accounts. The intent of
Congress is to authorize up to $3.8 billion in new money, not
to draw money for Afghanistan's recovery from a static pool of
international aid.
TITLE II. MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for Security During Transition in Afghanistan
This section expresses the sense of Congress that the
United States should support steps that contribute to security
in Afghanistan during the transition.
Sec. 202. Authorization of Assistance
This section describes new authorities to provide security
and military assistance to Afghanistan and other eligible
foreign countries and international organizations. These new
authorities are in addition to existing authorities.
Section 202(a) authorizes the President to exercise his
authorities under section 506 of the Foreign Assistance Act of
1961 to direct the drawdown of defense articles, services, and
military education and training, including those that are
acquired by contract or otherwise, for the Government of
Afghanistan and eligible foreign countries and international
organizations.
Section 202(b) limits the aggregate value of assistance
provided in subsection (a) to $300 million, except that such
limitation shall be increased by any amounts appropriated
pursuant to the authorization of appropriations in section
204(b)(1).
Section 203. Eligible Foreign Countries and Eligible International
Organizations
This section defines what constitutes an eligible foreign
country or international organization. Such country or
organization shall be eligible for assistance under section 202
if that country or organization is participating in military,
peacekeeping, or policing operations in Afghanistan, and such
assistance is provided specifically for such operations in
Afghanistan.
No country identified by the Secretary of State as a state
sponsor of terrorism may receive assistance. The President may
waive this limitation if the President determines that it is in
the national security interest of the United States to do so.
Sec. 204. Reimbursement for Assistance
Assistance provided under section 202(a)(2) shall be made
available without reimbursement to the Department of Defense
except to the extent that funds are appropriated pursuant to
the authorization of appropriations in section 202(b)(1).
Section (b) authorizes the appropriation to the President
such sums as may be necessary to reimburse the applicable
appropriation, fund, or account for the value of assistance
under section 202(a)(2). Amounts appropriated pursuant to this
authorization are authorized to remain available until expended
and are in addition to amounts otherwise available for the
purposes described in this title.
Sec. 205. Congressional Notification Requirements
This section subjects assistance to any eligible foreign
country or international organization to a notification
procedure. The President must determine that such assistance is
important to the national security interest of the United
States, and then notify the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate at least 15 days in advance of
providing such assistance. The report of notification may be
submitted in classified or unclassified form.
Sec. 206. Promoting Secure Delivery of Humanitarian and Other
Assistance in Afghanistan
This section includes findings and a statement of policy
which reads ``It should be the policy of the United States to
support measures to help meet the immediate 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 national
government.''
The section requires the President to provide a strategy
for achieving U.S. policy objectives in Afghanistan, not later
than 45 days after the date of the enactment of this Act, and
every 6 months thereafter through January 1, 2006, to the
Committees on International Relations and Appropriations of the
House of Representatives and the Committees on Foreign
Relations and Appropriations of the Senate. The President is
also required to describe 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.
The initial provision of information shall be a written
report. Thereafter, this information may be provided in a
written report or an oral briefing.
Sec. 207. 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. Assistance under this title may be
provided notwithstanding any other provision of law.
Sec. 208. Sense of Congress Regarding Expansion of the International
Security Assistance Force; Authorization of Appropriations
This section expresses the sense of the Congress urging the
President to use the full diplomatic influence of the United
States to expand the International Security Assistance Force
(ISAF) beyond Kabul by sponsoring a UN Security Council
resolution authorizing such an expansion; enlisting our
European and other allies to provide forces for an expanded
ISAF; providing financial and military assistance, including
personnel, as the President considers necessary to achieve the
expansion of the ISAF. There is authorized to be appropriated
to the President $500 million for each of the fiscal years 2003
and 2004.
On September 5, 2002, in a speech at the Brookings
Institution, Deputy Defense Secretary Paul Wolfowitz endorsed
deploying peacekeepers outside of Kabul, and called on the
international community ``to provide the leadership and
resources necessary'' to expand ISAF. On September 8, 2002,
Vice President Richard Cheney said that while a viable Afghan
national army was the long-term solution, ``in the interim, we
may need to expand ISAF, and we're open to suggestions'' (Meet
the Press, NBC News). The Committee is encouraged that the
Administration has reconsidered its position. It is the intent
of Congress to provide the President with the full resources
necessary to accomplish the mission of supporting the expansion
of ISAF.
Sec. 209. Sunset
The authority of this title shall expire after September
30, 2005
V. Congressional Budget Office Cost Estimate
In accordance with rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the Committee provides the
following estimate of the cost of this legislation prepared by
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 28, 2002.
Hon. Joseph R. Biden Jr., Chairman,
United States Senate,
Committee on Foreign Relations,
Washington, DC.
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for S. 2712, the Afghanistan Freedom Support Act
of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Joseph C.
Whitehill.
Sincerely,
Dan L. Crippen, Director.
Enclosure.
AFGHANISTAN FREEDOM SUPPORT ACT OF 2002
Summary
S. 2712 would authorize economic and military assistance to
the government of Afghanistan for 2002 through 2005. The bill
would authorize the appropriation of $2.5 billion for
humanitarian and economic assistance over the 2002-2005 period
and $1 billion for the International Security Assistance Force
in the 2003-2004 period. In addition, the bill would authorize
the President to use up to $300 million from the resources of
the Department of Defense to provide defense articles, defense
services, and military education and training services to
Afghanistan or to countries participating in military,
peacekeeping, or policing operations in Afghanistan. CBO
estimates that implementing S. 2712 would cost $2.5 billion
over the 2003-2007 period, assuming the appropriation of the
necessary amounts. Because the bill would not affect direct
spending or receipts, pay-as-you-go procedures would not apply.
S. 2712 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 S. 2712 is shown in the
following table. This estimate assumes the legislation will be
enacted near the beginning of fiscal year 2003 and that amounts
authorized for 2003, 2004, and 2005 will be provided in annual
appropriation acts near the start of each fiscal year. Except
as discussed below, we assume that outlays will follow
historical spending patterns. While the bill would authorize
$500 million for 2002, we assume that no additional funding
will be provided in 2002 above the $250 million provided in
Public Law 107-206, Emergency Supplemental Appropriations and
Rescissions Act, 2002. The costs of this legislation fall
within budget function 150 (international affairs).
[By Fiscal Year, in Millions of Dollars]
----------------------------------------------------------------------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Afghanistan: \1\
Estimated Authorization Level..................... 548 80 40 40 0 0
Estimated Outlays................................. 443 315 150 84 38 13
Proposed Changes:
Estimated Authorization Level..................... 0 1,400 1,200 650 0 0
Estimated Outlays................................. 0 327 737 721 467 249
Spending Under S. 2712 for Afghanistan:
Estimated Authorization Level..................... 548 1,480 1,240 690 0 0
Estimated Outlays................................. 443 642 887 805 505 262
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year. The estimated outlays include spending from an
additional $298 million transferred from the Emargency Response Fund for programs in Afghanistan. The
estimated authorization level for 2003 through 2005 is for food aid to Afghanistan.
Basis of Estimate
Title I would authorize the appropriation of $500 million a
year for 2003 and 2004 for economic assistance to Afghanistan.
The funds may be used for urgent humanitarian needs, for
repatriating and resettling refugees and internally displaced
persons, for narcotics control programs, and for programs to
establish a viable nation-state with a market economy. The mix
of programs that might be funded with the authorized amounts is
not specified in the bill. Rather, the determination of the
programs and spending levels would be left to the President
based on policy choices that have not yet been made. For this
estimate, CBO assumes that in 2003 through 2005 the mix of
programs will shift from the fast-disbursing humanitarian
relief programs executed in 2002 to slower-spending economic
assistance efforts.
The bill also would authorize the appropriation of $500
million over the 2003-2005 period for an enterprise fund for
Afghanistan, the largest ever undertaken. Enterprise funds are
suppose to promote the private sector. Afghanistan is a very
poor country with economic and security conditions inhospitable
for large-scale private investment. Based on the experience of
other enterprise funds, CBO estimates that it would take more
than one year to establish the fund and that only one-tenth of
the authorized amounts would be invested.
Title II would authorize the President to provide defense
articles, defense services, and military education and training
services to Afghanistan on such terms and conditions as he may
determine but does not authorize a specific amount for this
military assistance. CBO assumes that funding for this
assistance would total $300 million over the 2002-2003 period,
an amount equal to the drawdown limit set by the bill,
including the $50 million provided in the emergency
supplemental appropriation for Afghanistan.
Title II also would authorize the appropriation of $500
million in 2003 and 2004 to expand the territory of operation
of the International Security Assistance Force beyond Kabul.
CBO assumes that enlarging the force would take up to six
months and that the funds would be used for relatively rapid
disbursing operations and maintenance activities necessary to
keep an enlarged force in the field.
Pay-as-you-go Considerations
None.
Intergovernmental and Private-sector Impact
S. 2712 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
state, local, or tribal governments.
Comparison With Other Estimates
On April 16, 2002, CBO transmitted an estimate of H.R.
3994, the Afghanistan Freedom Support Act of 2002, as ordered
reported by the House Committee on International Relations on
March 20, 2002. The differences between the two estimates arise
from different authorization amounts, a later assumed enactment
date, and enactment of the Emergency Supplemental
Appropriations and Rescissions Act, 2002.
Estimate prepared by: Federal Costs: Joseph C. Whitehill.
Impact on state, local, and tribal governments: Greg Waring.
Impact on the private sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
VI. Evaluation of Regulatory Impact
In accordance with rule XXVI, paragraph 11(b) of the
Standing Rules of the Senate, the Committee has concluded that
there is no regulatory impact from this legislation.
VII. Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes are made by this bill.