1 So in original. Probably should be “ordnance.”
2 See References in Text note below.
of this title.
Editorial Notes
References in TextSection 7536 of this title, referred to in subsec. (d)(1)(C), was omitted from the Code.
Amendments2004—Subsec. (a). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 108–458, § 7104(j)(1)(D)–(F), added cl. (vi).
Subsec. (a)(4)(M). Puspan. L. 108–458, § 7104(f)(3), added subpar. (M).
Subsec. (a)(5). Puspan. L. 108–458, § 7104(f)(2), amended span 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). Puspan. L. 108–458, § 7104(k)(2), substituted “Afghan Independent” for “National”.
Subsec. (d). Puspan. L. 108–458, § 7104(g), added subsec. (d).
Statutory Notes and Related Subsidiaries
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.
Plan Required To Promote Security of Afghan Women and GirlsPuspan. L. 114–328, div. A, title XV, § 1521(c)(2), Dec. 23, 2016, 130 Stat. 2576, provided that:“(A)In general.—The Secretary of Defense, with the concurrence of the Secretary of State, shall support, to the extent practicable, the efforts of the Government of Afghanistan to promote the security of Afghan women and girls during and after the security transition process through the development and implementation by the Government of Afghanistan of an Afghan-led plan that should include the elements described in this paragraph.
“(B)Training.—The Secretary of Defense, with the concurrence of the Secretary of State and working with the NATO-led Resolute Support mission, should encourage the Government of Afghanistan to develop—“(i) measures for the evaluation of the effectiveness of existing training for Afghan National Security Forces on this issue;
“(ii) a plan to increase the number of female security officers specifically trained to address cases of gender-based violence, including ensuring the Afghan National Police’s Family Response Units have the necessary resources and are available to women across Afghanistan;
“(iii) mechanisms to enhance the capacity for units of National Police’s Family Response Units to fulfill their mandate as well as indicators measuring the operational effectiveness of these units;
“(iv) a plan to address the development of accountability mechanisms for Afghanistan National Army and Afghanistan National Police personnel who violate codes of conduct relating to the human rights of women and girls, including female members of the Afghan National Security Forces;
“(v) a plan to address the development of accountability mechanisms for Afghanistan National Army and Afghanistan National Police personnel who violate codes of conduct relating to protecting children from sexual abuse; and
“(vi) a plan to develop training for the Afghanistan National Army and the Afghanistan National Police to increase awareness and responsiveness among Afghanistan National Army and Afghanistan National Police personnel regarding the unique security challenges women confront when serving in those forces.
“(C)Enrollment and treatment.—The Secretary of Defense, with the concurrence of the Secretary of State and in cooperation with the Afghan Ministries of Defense and Interior, shall seek to assist the Government of Afghanistan in including as part of the plan developed under subparagraph (A) the development and implementation of a plan to increase the number of female members of the Afghanistan National Army and the Afghanistan National Police and to promote their equal treatment, including through such steps as providing appropriate equipment, modifying facilities, and ensuring literacy and gender awareness training for recruits.
“(D)Allocation of funds.—“(i)In general.—Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2017, it is the goal that $25,000,000, but in no event less than $10,000,000, shall be used for—“(I) the recruitment, integration, retention, training, and treatment of women in the Afghan National Security Forces; and
“(II) the recruitment, training, and contracting of female security personnel for future elections.
“(ii)Types of programs and activities.—Such programs and activities may include—“(I) efforts to recruit women into the Afghan National Security Forces, including the special operations forces;
“(II) programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;
“(III) development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;
“(IV) efforts to address harassment and violence against women within the Afghan National Security Forces;
“(V) improvements to infrastructure that address the requirements of women serving in the Afghan National Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
“(VI) support for Afghanistan National Police Family Response Units; and
“(VII) security provisions for high-profile female police and army officers.”
Similar provisions were contained in the following prior appropriation act:
Puspan. L. 114–92, div. A, title XV, § 1531(c)(2), Nov. 25, 2015, 129 Stat. 1089.
Authority To Establish a Program To Develop and Carry Out Infrastructure Projects in AfghanistanPuspan. L. 111–383, div. A, title XII, § 1217, Jan. 7, 2011, 124 Stat. 4393, as amended by Puspan. L. 112–81, div. A, title XII, § 1217, Dec. 31, 2011, 125 Stat. 1632; Puspan. L. 112–239, div. A, title XII, § 1219, Jan. 2, 2013, 126 Stat. 1991; Puspan. L. 113–66, div. A, title XII, § 1215(a), Dec. 26, 2013, 127 Stat. 907; Puspan. L. 115–232, div. A, title VIII, § 813(e), Aug. 13, 2018, 132 Stat. 1851, provided that:“(a)Authority.—The Secretary of Defense and the Secretary of State are authorized to establish a program to develop and carry out infrastructure projects in Afghanistan in accordance with the requirements of this section.
“(span)Formulation and Execution of Program.—“(1)In general.—The Secretary of State and the Secretary of Defense shall jointly develop any project under the program authorized under subsection (a). Except as provided in paragraph (2), the Secretary of State, in coordination with the Secretary of Defense, shall implement any project under the program authorized under subsection (a).
“(2)Exception.—The Secretary of Defense shall implement a project under the program authorized under subsection (a) if the Secretary of Defense and the Secretary of State jointly determine that the Secretary of Defense should implement the project.
“(c)Types of Projects.—Infrastructure projects under the program authorized under subsection (a) may include—“(1) water, power, and transportation projects; and
“(2) other projects in support of the counterinsurgency strategy in Afghanistan.
“(d)Authority in Addition to Other Authorities.—The authority to establish the program and develop and carry out infrastructure projects under subsection (a) is in addition to any other authority to provide assistance to foreign countries.
“(e)Applicability of Certain Administrative Provisions.—“(1)In general.—The administrative provisions of chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) shall apply to funds made available to the Secretary of State for purposes of carrying out infrastructure projects under the program authorized under subsection (a) to the same extent and in the same manner as such administrative provisions apply to funds made available to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). “(2)Gifts, etc.—The Secretary of Defense and the Secretary of State may accept and use in furtherance of the purposes of this section, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes.
“(f)Funding.—“(1)In general.—Subject to paragraph (2), to carry out the program authorized under subsection (a), the Secretary of Defense may use amounts as follows:“(A) Up to $400,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2012.
“(B) Up to $350,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2013.
“(C) Up to $250,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.
“(2)Limitation.—The Secretary of Defense may use not more than 50 percent of the amount specified in paragraph (1) for a fiscal year after fiscal year 2011 to carry out the program authorized under subsection (a) until the Secretary of Defense, in consultation with the Secretary of State, submits to the appropriate congressional committees a plan for the allocation and use of funds under the program for such fiscal year, including for each project, or phase of a project, to be initiated during such fiscal year the following:“(A) An estimate of the financial and other requirements necessary to sustain such project on an annual basis after the completion of such project.
“(B) An assessment whether the Government of Afghanistan is committed to and has the capacity to maintain and use such project after its completion.
“(C) An assessment of the capability of the Afghan National Security Forces (ANSF) to provide security for such project after January 1, 2015, including an estimate of the ANSF force levels, if any, required to secure such project. Such assessment should include the estimated costs of providing security and whether or not the Government of Afghanistan is committed to providing such security.
“(D) A description of any arrangements for the sustainment of such project following its completion if the Government of Afghanistan lacks the capacity (in either financial or human resources) to maintain such project.
“(3)Availability.—Funds made available by paragraph (1) are authorized to remain available as follows:“(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.
“(C) In the case of funds for fiscal year 2013, until September 30, 2014.
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.
“(g)Congressional Notification.—The Secretary of Defense shall notify the appropriate congressional committees not less than 15 days before obligating or expending funds to carry out a project or transferring funds to the Secretary of State for the purpose of implementing a project under the program authorized under subsection (a). Such notification shall be in writing and contain a description of the details of the proposed project, including—“(1) a plan for the sustainment of the project; and
“(2) a description of how the project supports the counterinsurgency strategy in Afghanistan.
“(h)Return of Unexpended Funds.—“(1)In general.—Any unexpended funds transferred to the Secretary of State for the purpose of implementing a project under the program authorized under subsection (a) shall be returned to the Secretary of Defense if the Secretary of State, in coordination with the Secretary of Defense, determines that the project cannot be implemented for any reason or that the project no longer supports the counterinsurgency strategy in Afghanistan.
“(2)Availability.—Any funds returned to the Secretary of Defense under this subsection shall be available for use under this section and shall be treated in the same manner as funds not transferred to the Secretary of State.
“[(i) Repealed. Puspan. L. 115–232, div. A, title VIII, § 813(e), Aug. 13, 2018, 132 Stat. 1851.]
“(j)Definition.—In this section, the term ‘appropriate congressional committees’ means—“(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.”
[Puspan. L. 113–66, div. A, title XII, § 1215(span), Dec. 26, 2013, 127 Stat. 908, provided that: “The amendments made by this section [amending section 1217 of Puspan. L. 111–383, set out above] shall take effect on October 1, 2013.”]
Performance Monitoring System for United States-Led Provincial Reconstruction Teams in AfghanistanPuspan. L. 110–417, [div. A], title XII, § 1215, Oct. 14, 2008, 122 Stat. 4632, provided that:“(a)In General.—The President, acting through the Secretary of Defense and the Secretary of State, shall develop and implement a system to monitor the performance of United States-led Provincial Reconstruction Teams (PRTs) in Afghanistan.
“(span)Elements of Performance Monitoring System.—The performance monitoring system required under subsection (a) shall include—“(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)Report.—Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the President shall submit to the appropriate congressional committees a report on the implementation of the performance monitoring system required under subsection (a).
“(d)Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—“(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 PolicyPuspan. 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.”
Puspan. 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 ChildrenPuspan. 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)In General.—Subject to subsection (span), the President is authorized, on such terms and conditions as the President may determine, to provide educational and health care assistance for the women and children living in Afghanistan and as refugees in neighboring countries.
“(span)Implementation.—(1) In providing assistance under subsection (a), the President shall ensure that such assistance is provided in a manner that protects and promotes the human rights of all people in Afghanistan, utilizing indigenous institutions and nongovernmental organizations, especially women’s organizations, to the extent possible.
“(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)Availability of Funds.—Funds made available under the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107–38) [115 Stat. 220], shall be available to carry out this Act.”
