[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3088 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3088

   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 11, 2001

  Mr. Gilman (for himself, Mr. Ackerman, Mr. Royce, Mr. Menendez, Mr. 
  Rohrabacher, Mrs. Maloney of New York, Mr. Smith of New Jersey, Ms. 
   Kaptur, Mr. Sam Johnson of Texas, Mr. Duncan, Mr. Jones of North 
 Carolina, Mr. Hayworth, Mr. Gutknecht, and Mr. Sawyer) 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.
    (d) 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.
                                 <all>