[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3049
To contribute to the defense of the United States against future
terrorist attack by providing for the removal from power of the Taliban
regime in Afghanistan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2001
Mr. Gilman (for himself, Mr. Menendez, Mr. Rohrabacher, and Mr. Royce)
introduced the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
To contribute to the defense of the United States against future
terrorist attack by providing for the removal from power of the Taliban
regime in Afghanistan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan Freedom Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The rise to power of the Taliban in Afghanistan has
caused a drastic decline in the human, political, and civil
rights of the Afghan people, particularly among women, girls,
and ethnic minorities.
(2) In the year 2001, millions of Afghans are on the verge
of starvation, the largest such group in the world.
(3) The United States is the single largest donor of
humanitarian assistance to Afghanistan, totaling more than
$185,000,000 in fiscal year 2001.
(4) There are approximately 2,000,000 Afghan refugees in
Pakistan, 1,500,000 Afghan refugees in Iran, and 1,000,000
internally displaced persons in Afghanistan, most fleeing
oppression, violence, and economic hardship.
(5) During the period of Taliban rule, Afghanistan has
become the world's largest source of illegal opium, and
proceeds from the sale of raw opium to drug traffickers are
used by the Taliban to finance its war on the Afghan people.
(6) Under Taliban rule, Afghanistan has become a training
ground, operational base, and safe haven for terrorists and
international terrorist organizations, many of whom gain
experience fighting alongside Taliban forces inside Afghanistan
prior to conducting terrorist operations outside Afghanistan.
(7) The Taliban have, since 1996, harbored and protected
terrorist leader Osama bin Laden and members of his terrorist
al Qaeda network.
(8) Osama bin Laden and his al Qaeda associates were
indicted for the August 7, 1998, bombings of the United States
embassies in Nairobi, Kenya, and Dar-es-Salaam, Tanzania, as a
result of which the United Nations Security Council adopted
Resolution 1267 (1999), demanding that the Taliban surrender
Osama bin Laden for trial and determining that the Taliban's
continued provision of sanctuary to international terrorist
organizations constitutes a threat to international peace and
security.
(9) In order to compel the Taliban to surrender Osama bin
Laden and terminate support for international terrorist
organizations, the United Nations Security Council has imposed
progressively more comprehensive sanctions on the Taliban under
Resolutions 1267 (1999), 1333 (2000), and 1363 (2001), which
sanctions are binding on all members of the United Nations
under Chapter VII of the Charter of the United Nations.
(10) As a result of the Taliban's failure to comply with
the demands of the United States and the United Nations
Security Council, Osama bin Laden and his al Qaeda network were
able to orchestrate from Afghanistan the September 11, 2001,
terrorist attack on the United States in which approximately
6,000 Americans and foreign nationals were murdered.
(11) The Taliban have, since the September 11th attack on
the United States, rejected all entreaties by the United States
and other governments to surrender Osama bin Laden, close down
international terrorist operations in Afghanistan, and comply
with the other demands that have been made by the United
Nations Security Council.
(12) Afghanistan is an ethnically diverse nation that can
prosper only under a representative government that affords all
citizens of that nation their basic human rights, restores
peace and security, eradicates the drug trade, and brings all
terrorists and terrorist organizations in Afghanistan to
justice.
SEC. 3. UNITED STATES POLICY TOWARD AFGHANISTAN.
It shall be the policy of the United States to promote the removal
from power of the Taliban regime in Afghanistan so as to diminish the
risk of future terrorist attack on the United States and restore basic
human freedoms to the people of Afghanistan.
SEC. 4. MILITARY ASSISTANCE TO AFGHAN RESISTANCE ORGANIZATIONS.
(a) Authority To Provide Military Assistance.--
(1) Types of assistance.--The President is authorized to
direct the drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training for eligible
Afghan resistance organizations.
(2) Amount of assistance.--The aggregate value (as defined
in section 644(m) of the Foreign Assistance Act of 1961) of
assistance provided under paragraph (1) may not exceed
$300,000,000.
(b) Eligible Afghan Resistance Organizations.--An Afghan resistance
organization shall be eligible to receive assistance under subsection
(a) if the President determines and reports to the appropriate
congressional committees that such organization, or coalition of
organizations, is committed to--
(1) the removal from power of the Taliban regime in
Afghanistan;
(2) preservation of the territorial integrity and political
independence of Afghanistan;
(3) respect for internationally recognized human rights;
and
(4) the suppression of terrorism in all of its forms and
the surrender to justice of all international terrorists in
Afghanistan, including perpetrators of the September 11, 2001,
attack on the United States.
(c) Reimbursement for Assistance.--
(1) In general.--Defense articles, defense services, and
military education and training provided under subsection (a)
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 under paragraph
(2).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the President for fiscal year 2002 such
sums as may be necessary to reimburse the applicable
appropriation, fund, or account for the value (as
defined in section 644(m) of the Foreign Assistance Act
of 1961) of defense articles, defense services, or
military education and training provided under
subsection (a).
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended,
and are in addition to amounts otherwise available for
the purposes described in this section.
(e) Authority To Provide Assistance.--Activities under this section
may be undertaken notwithstanding any other provision of law.
SEC. 5. DISASTER AND HUMANITARIAN ASSISTANCE FOR THE PEOPLE OF
AFGHANISTAN.
(a) Disaster and Humanitarian Assistance.--Chapter 9 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) is amended
by adding at the end the following:
``SEC. 495L. AFGHAN RELIEF, REHABILITATION, AND RECONSTRUCTION.
``(a) Declaration of Policy.--Congress recognizes that prompt
United States assistance is necessary to alleviate the human suffering
of the people of Afghanistan from four years of extreme drought and 20
years of civil war and to restore the confidence of the people in that
country.
``(b) Assistance.--The President is authorized to furnish
assistance on such terms and conditions as the President may determine
for the relief, rehabilitation and reconstruction needs of the people
of Afghanistan, including displaced persons and other needy people.
Assistance provided under this section shall be for humanitarian
purposes with emphasis on providing food, medicine and medical care,
clothing, temporary shelter, and transportation for emergency supplies
and personnel.
``(c) Policies and Authorities To Be Applied.--(1) Assistance under
this section shall be provided in accordance with the policies and
general authorities of section 491.
``(2) Assistance under this section or any other provision of law
to alleviate the human suffering caused by famine and disease in
Afghanistan shall be provided, to the maximum extent practicable,
through international agencies, private voluntary organizations, and
any eligible Afghan resistance organization.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section $100,000,000
for each of the fiscal years 2002 and 2003. Amounts appropriated
pursuant to the authorization of appropriations under the preceding
sentence are in addition to amounts otherwise available for such
purposes and are authorized to remain available until expended.''.
(b) Other Assistance for Afghanistan.--
(1) Assistance.--The President is authorized to provide
assistance from funds made available to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961 (relating to the
economic support fund) for the provision of food, medicine, or
other assistance to the Afghan people, notwithstanding any
other provision of law.
(2) Amount of assistance.--In each of fiscal years 2002 and
2003, not less than $50,000,000 of the aggregate amount of
funds made available to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 is authorized to be made
available for assistance to the Afghan people pursuant to
paragraph (1).
SEC. 6. ESTABLISHMENT OF RADIO FREE AFGHANISTAN.
(a) Establishment.--The Broadcasting Board of Governors is
authorized to make grants for surrogate radio broadcasting by RFE/RL,
Incorporated (formerly known as Radio Free Europe/Radio Liberty) to the
people of Afghanistan in languages spoken in Afghanistan, such
broadcasts to be designated ``Radio Free Afghanistan''.
(b) Submission of Plan to Broadcasting Board of Governors.--Not
later than 15 days after the date of the enactment of this Act, RFE/RL,
Incorporated, shall submit to the Broadcasting Board of Governors a
detailed plan for the establishment of the surrogate radio broadcasting
described in subsection (a).
(c) Authorization of Appropriations.--
(1) Fiscal years 2002 and 2003.--In addition to such sums
as are authorized to be appropriated for each of the fiscal
years 2002 and 2003 for ``International Broadcasting
Operations'', $8,000,000 is authorized to be appropriated for
the fiscal year 2002 and $6,000,000 is authorized to be
appropriated for the fiscal year 2003 for ``International
Broadcasting Operations'' to be available only for the
surrogate radio broadcasting described in subsection (a).
(2) Transmitter.--Of the amounts authorized to be
appropriated by paragraph (1) for the fiscal year 2002,
$1,500,000 shall be available only for a new transmitter for
the surrogate radio broadcasting described in subsection (a).
SEC. 7. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE TALIBAN BY THE
UNITED NATIONS SECURITY COUNCIL.
(a) Reports to Congress.--Not later than one month after the date
of the enactment of this Act, and every three months thereafter until
the President determines and reports to the appropriate congressional
committees that the Taliban no longer exercises power in any part of
Afghanistan, the President shall submit to the appropriate
congressional committees a report that identifies the government of
each foreign country with respect to which there is credible
information that the government has, on or after the date of the
enactment of this Act, violated, or permitted persons subject to its
jurisdiction to violate, measures directed against the Taliban pursuant
to United Nations Security Council Resolutions 1267 (1999), 1333
(2000), or 1363 (2001), or pursuant to any other United Nations
Security Council resolution adopted under the authority of Chapter VII
of the Charter of the United Nations.
(b) Content of Reports.--Each report submitted under subsection (a)
shall detail with respect to each government of a foreign country
identified in such report the nature of the violation (other than
violations detailed in previous reports submitted pursuant to this
section), and shall evaluate--
(1) the importance of the violation to the efforts of the
Taliban to remain in power in Afghanistan;
(2) the importance of the violation to the efforts of
terrorist groups to continue operating from Afghanistan; and
(3) the risk posed by such violation to the safety of the
United States Armed Forces and the armed forces of other
countries acting in coalition with the United States.
(c) Authority To Impose United States Sanctions.--The President is
authorized to impose one or more of the United States sanctions
provided in subsection (d) if the President determines and reports to
the appropriate congressional committees that--
(1) a government of a foreign country identified in a
report submitted under subsection (a) has knowingly violated,
or knowingly permitted persons subject to its jurisdiction to
violate, measures directed against the Taliban pursuant to
United Nations Security Council Resolutions 1267 (1999), 1333
(2000), or 1363 (2001), or pursuant to any other United Nations
Security Council resolution adopted under the authority of
Chapter VII of the Charter of the United Nations; and
(2) such violation has put at risk the lives of members of
the United States Armed Forces, or other United States
citizens.
(d) United States Sanctions Authorized To Be Imposed.--The United
States sanctions referred to in subsection (c) are the following:
(1) No assistance may be provided to that government or
nationals under the Foreign Assistance Act of 1961 or the Arms
Export Control Act.
(2) No license may be issued for any transfer to that
government or nationals of any goods, services, or technology
controlled under the Arms Export Control Act, the Export
Administration Act of 1979, or the Export Administration
Regulations.
(3) The restrictions of subsections (a) and (b) of section
3 of the Trading With the Enemy Act (50 U.S.C. App. 3(a) and
(b)) shall apply to relations between the United States and the
government of a foreign country and all nationals of that
country with respect to which the President makes a
determination described in subsection (c).
SEC. 8. SUBMISSION OF DETERMINATIONS AND REPORTS IN CLASSIFIED FORM.
When the President considers it appropriate, determinations and
reports to the appropriate congressional committees submitted under
this Act, or appropriate parts thereof, may be submitted in classified
form.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) National.--The term ``national'' means, with respect to
a foreign country, a national of the country, including a
natural person, corporation, business association, partnership,
or other entity operating as a business enterprise under the
laws of the country.
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