[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5448

  To provide compensation for the families of noncombatants killed in 
United States military actions in Afghanistan after September 11, 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

  Mr. Owens introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
  To provide compensation for the families of noncombatants killed in 
United States military actions in Afghanistan after September 11, 2001.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) Property and lives of some innocent persons were 
        destroyed as a result of the military operations in 
        Afghanistan. Since the operations were launched to achieve the 
        destruction of the Al Qaeda terrorist network and the Taliban 
        regime which harbored the terrorists as well as acted in 
        alliance with them, the United States Government has worked 
        strenuously to avoid injury to civilians. Any destruction of 
        civilian lives and property has been accidental as a result of 
        human error or unusual unforeseen circumstances.
            (2) Collateral damage is a nearly inevitable part of 
        violent warfare. United States military forces do not deny that 
        there have been such losses in Afghanistan.
            (3) In many instances, the victims of such accidents of war 
        can be identified and surviving relatives can be identified. 
        Such casualties are among the people of the Afghanistan nation 
        that the United States Government has pledged to assist in the 
        rebuilding of the country.
            (4) More than $300,000,000 in aid has already been 
        distributed to the Afghan Government through traditional 
        channels. It is also understood that additional assistance is 
        promised and planned for Afghanistan.
            (5) There is no prohibition against the provision of some 
        portion of additional funds for Afghanistan through direct 
        payments of compensation to innocent war victims. Indeed, 
        although this would be a new and unusual conduit for foreign 
        assistance, it may prove to be more effective than traditional 
        aid distribution vehicles. Dollars directly to the people may 
        achieve a greater impact in the rebuilding of the nation while 
        at the same time reaping great benefits in goodwill.

SEC. 2. COMPENSATION FOR THE FAMILIES OF NONCOMBATANTS KILLED IN UNITED 
              STATES MILITARY ACTIONS IN AFGHANISTAN.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of State, in consultation with the Secretary of Defense and 
the Attorney General, shall provide for the payment of compensation in 
the amount of $10,000 to the family of each noncombatant national of 
Afghanistan who was killed as a direct result of United States military 
actions in Afghanistan after September 11, 2001.
    (b) Administration.--The Secretary of State shall--
            (1) administer the compensation program established under 
        this Act;
            (2) promulgate all procedural and substantive rules for the 
        administration of this Act; and
            (3) employ and supervise hearing officers and other 
        administrative personnel to perform the duties of administering 
        this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this Act.
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