[House Report 110-174]
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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-174

======================================================================



 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2446) TO REAUTHORIZE THE 
    AFGHANISTAN FREEDOM SUPPORT ACT OF 2002, AND FOR OTHER PURPOSES

                                _______
                                

June 5, 2007.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 453]

    The Committee on Rules, having had under consideration 
House Resolution 453, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2446, the 
Afghanistan Freedom and Security Support Act of 2007, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Foreign Affairs. The rule 
waives all points of order against consideration of the bill 
except clauses 9 and 10 of rule XXI and provides that the bill 
shall be considered as read.
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for those arising under 
clauses 9 and 10 of rule XXI), the Committee is not aware of 
any points of order. The waiver of all points of order is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 217

    Date: June 5, 2007.
    Measure: H.R. 2446.
    Motion by: Mr. Dreier.
    Summary of Motion: To grant an open rule.
    Results: Defeated 3-7.
    Vote by Members: Matsui--Nay; Cardoza--Nay; Welch--Nay; 
Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Lantos (CA): Manager's Amendment. The amendment makes a 
number of technical, clarifying, and clerical changes to 
several provisions of H.R. 2446 as reported by the Committee on 
Foreign Affairs. (10 minutes)
    2. Ackerman (NY): The amendment adds language to section 
302 of the bill to ensure that the Presidential report required 
by that section includes an assessment of the quality of 
governance in each province of Afghanistan focusing in 
particular on the implementation of the rule of law, the impact 
of any human rights abuses by Afghan government forces on 
overall counterinsurgency efforts, and the ability of the 
courts and judicial system to provide an effective justice 
system. (10 minutes)
    3. Costa (CA): The amendment seeks to enhance the Offices 
of the Inspector General at the Department of State and the 
U.S. Agency for International Development by requiring that 
permanent in-country staff be deployed to audit, investigate 
and oversee the programs authorized in Title I of the 
Afghanistan Freedom and Support Act of 2002, and bolsters the 
authorization of funds for this purpose. (10 minutes)
    4. Franks (AZ): The amendment adds a congressional finding 
stating that the U.S. Armed Forces in Afghanistan recently 
intercepted a shipment of Iranian-made weapons intended for the 
Taliban in Afghanistan, and establishes a reporting requirement 
on Iranian-made weapons being sold to or used by the Taliban in 
Afghanistan. (10 minutes)
    5. Jackson-Lee (TX): The amendment states that technical 
assistance should be provided to train national, provincial, 
and local governmental personnel for capacity-building purposes 
as it relates to education, health care, human rights 
(particularly women's rights), and political participation. 
This amendment also seeks to ensure girls complete secondary 
education so they are prepared and have the ability to pursue 
post-secondary education. (10 minutes)
    6. Jackson-Lee (TX): The amendment seeks to bolster women's 
political participation by protecting women legislators when 
they return to the provinces they represent. It states that it 
is the sense of Congress that assistance provided to foreign 
countries and international organizations under this provision 
should be used, in part, to protect these female legislators. 
(10 minutes)
    7. Kirk (IL): The amendment allows the Secretary of State, 
at her discretion, to make payments from the Rewards for 
Justice Program to officers or employees of the Afghan or 
Pakistani government who provide information leading to the 
capture of exceptional and high-profile terrorists committing 
acts in Afghanistan. (10 minutes)
    8. Kucinich (OH): The amendment diverts $500,000 in 
authorization authority for the United States contribution to 
the Post-Operations Humanitarian Relief Fund of the 
International Security Assistance Force (ISAF). (10 minutes)
    9. Terry (NE): The amendment states that the U.S. Agency 
for International Development (USAID) should give priority in 
awarding grants to non-governmental organizations to aid in the 
revitalization of Afghanistan to organizations based in the 
United States that have an established and cost-effective 
record of developing and administering such programs within 
Afghanistan, including teaching the people of Afghanistan how 
to create and sustain quality economic and educational systems. 
(10 minutes)
    10. Van Hollen (MD): The amendment promotes the empowerment 
of citizens at the local level in the reconstruction and 
economic development decision-making process and creates an 
environment conducive to Afghan small business development. (10 
minutes)
    11. Souder (IN): The amendment specifies that logistical 
support activities for counter narcotics missions in 
Afghanistan include force protection and in extremis support. 
(10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Lantos of California, 
               or His Designee, Debatable for 10 Minutes

  Page 5, line 23, strike ``supports'' and insert ``is 
supported by''.

  Page 5, line 25, strike ``a strategy'' and insert ``the core 
framework''.

  Page 6, line 6, insert before the period the following: ``, 
particularly at the local and provincial levels''.

  Page 12, line 12, strike ``(B)'' and insert ``(C)''.

  Page 12, line 13, strike ``(B)'' and insert ``(C)''.

  Page 12, lines 19 through 25, move the margins of clauses 
(ii) and (iii) two ems to the left.

  Page 18, line 3, insert ``helping women deliver healthier 
babies and'' after ``for the purpose of''.

  Page 35, line 11, strike ``300,000,000'' and insert 
``$300,000,000''.

  Page 37, line 1, strike ``The President'' and insert 
``Pursuant to the authorities of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.) or section 23 of the Arms Export 
Control Act (22 U.S.C. 2763), the President''.

  Page 43, line 16, strike ``to conduct'' and insert ``to 
participate in, to the extent appropriate and practicable,''.

  Page 46, strike lines 1 through 4 and insert the following 
new subclauses:

                                  (I) The Afghan forces.
                                  (II) ISAF.
                                  (III) Non-ISAF United States 
                                forces.
                                  (IV) Other Coalition forces.

  Page 47, beginning on line 10, strike ``and countries 
participating in ISAF'' and insert ``countries participating in 
ISAF, and other Coalition countries''.

  Page 57, line 24, strike ``Affairs'' and insert 
``Relations''.

  Page 66, line 9, insert ``and'' after the semicolon.

  Page 70, after line 17, insert the following new subsection:

  (c) Concurrent Submission of Report.--Such section is further 
amended by adding at the end the following new subsection:
  ``(d) Concurrent Submission of Report.--The strategy required 
by subsection (b) and any updates of the strategy provided 
pursuant to subsection (c) shall be submitted concurrently with 
the report and updates required by section 304 of this Act 
(relating to progress toward security and stability in 
Afghanistan).''.

  Page 71, line 24, strike ``who repatriate'' and insert ``to 
ensure orderly and voluntary repatriation''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Ackerman of New York, 
               or His Designee, Debatable for 10 Minutes

  Page 51, after line 7, insert the following new subparagraph:

                  (J) An assessment of the quality of 
                governance in each province in Afghanistan, 
                including an assessment of the following:
                          (i) The implementation of the rule of 
                        law, including the effects of any lack 
                        of such implementation on operations of 
                        the Afghan National Army, Afghan 
                        National Police, and other Afghan 
                        National Security Forces.
                          (ii) Whether and to what extent 
                        actions by Afghan National Security 
                        Forces have led to abuses of human 
                        rights and the extent to which such 
                        abuses, if any, undermine overall 
                        counterinsurgency efforts in such 
                        province and Afghanistan as a whole.
                          (iii) The ability of courts and the 
                        judicial system to provide an effective 
                        justice system to support the civil-
                        military side of military and police 
                        operations.

  Page 51, line 8, strike ``(J)'' and insert ``(K)''.
                              ----------                              


3. An Amendment To Be Offered by Representative Costa of California, or 
                 His Designee, Debatable for 10 Minutes

  Page 29, after line 23, insert the following new section (and 
redesignate subsequent sections and conform the table of 
contents accordingly):

SEC. 106. ASSISTANCE TO SUPPORT THE OFFICES OF THE INSPECTOR GENERAL OF 
                    DEPARTMENT OF STATE AND THE UNITED STATES AGENCY 
                    FOR INTERNATIONAL DEVELOPMENT IN AFGHANISTAN.

  (a) Assistance Authorized.--The President shall provide 
assistance to support the auditing, investigation, and 
oversight capacity and capability of the Offices of the 
Inspector General of the Department of State and the United 
States Agency for International Development in Afghanistan. The 
Offices of the Inspector General of the Department of State and 
the United States Agency for International Development are 
authorized to audit, investigate, and oversee the programs 
authorized in title I of the Afghanistan Freedom Support Act of 
2002 (as amended by this title).
  (b) Requirement for In-Country Presence.--The Offices of the 
Inspector General of the Department of State and the United 
States Agency for International Development, after consultation 
with the Secretary of State and the Administrator for the 
United States Agency for International Development, shall 
permanently deploy not less than two staff from each of the 
Offices of the Inspector General in Afghanistan to carry out 
this section.
  (c) Authorization of Appropriations.--
          (1) Availability of funds.--Of the amounts authorized 
        to be appropriated under section 110 of the Afghanistan 
        Freedom Support Act of 2002 (as redesignated by this 
        title) for each of the fiscal years 2008 through 2010, 
        not less than $1,500,000 for each such fiscal year is 
        authorized to be made available to the Office of the 
        Inspector General of the Department of State and not 
        less than $3,000,000 for each such fiscal year is 
        authorized to be made available to the Office of the 
        Inspector General of the United States Agency for 
        International Development to carry out this section.
          (2) Relation to other available funds.--Amounts made 
        available under paragraph (1) are in addition to 
        amounts otherwise available for such purposes.
                              ----------                              


 4. An Amendment To Be Offered by Representative Franks of Arizona, or 
                 His Designee, Debatable for 10 minutes

  Page 44, after line 5, insert the following new section (and 
conform the table of contents accordingly):

SEC. 2_. REPORT ON THE SALE AND USE OF IRANIAN-MADE WEAPONS FOR THE 
                    TALIBAN IN AFGHANISTAN.

  (a) Congressional Finding.--United States Armed Forces in 
Afghanistan recently intercepted a shipment of Iranian-made 
weapons and explosives intended for the Taliban in Afghanistan.
  (b) Report Required.--Not later than 90 days after the date 
of the enactment of this Act, and every 6 months thereafter, 
the Secretary of Defense shall transmit to the appropriate 
congressional committees a report on the current Iranian-made 
weapons being sold to or used by the Taliban in Afghanistan. 
The report shall include any evidence of official Iranian 
Government endorsement of the sale of the Iranian-made weapons.
  (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
                              ----------                              


 5. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 25, line 20, strike ``and''.

  Page 25, line 24, strike the first period, the closing 
quotation marks, and the second period and insert ``; and''.

  Page 25, after line 24, insert the following new 
subparagraph:

                  ``(I) providing technical assistance to train 
                provincial and local governmental personnel, 
                especially as it relates to--
                          ``(i) healthcare;
                          ``(ii) political participation;
                          ``(iii) human rights, particularly as 
                        pertaining to women; and
                          ``(iv) education, particularly to 
                        encourage girls to complete secondary 
                        education so they are prepared and able 
                        to attend post-secondary schools.''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 35, after line 22, insert the following new subsection:

  (c) Additional Sense of Congress.--Such section is further 
amended by adding at the end the following new subsection:
  ``(d) Additional Sense of Congress.--It is the sense of 
Congress that assistance provided to eligible foreign countries 
and international organizations under subsection (a) should be 
used in part to protect women legislators when they return to 
the provinces that they represent in Afghanistan.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title III of the bill (relating to 
miscellaneous provisions), insert the following new section:

SEC. 3_. ELIGIBILITY IN CERTAIN CIRCUMSTANCES FOR AGENCIES OF THE 
                    GOVERNMENTS OF AFGHANISTAN AND PAKISTAN TO RECEIVE 
                    A REWARD UNDER THE DEPARTMENT OF STATE REWARDS 
                    PROGRAM.

  (a) Eligibility.--Subsection (f) of section 36 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2708(f)) is 
amended--
          (1) by striking ``(f) Ineligibility.--An officer'' 
        and inserting the following:
  ``(f) Ineligibility.--
          ``(1) In general.--An officer'';
          (2) in paragraph (1), as so designated by paragraph 
        (1) of this subsection, by inserting ``, except as 
        provided in paragraph (2),'' before ``of a foreign 
        government''; and
          (3) by adding at the end the following new paragraph:
          ``(2) Exception in certain circumstances.--The 
        Secretary may pay a reward to an officer or employee of 
        the government of Afghanistan or Pakistan (or any 
        entity thereof) who, while in the performance of his or 
        her official duties, furnishes information described in 
        such subsection, if the Secretary determines that such 
        payment satisfies the following conditions:
                  ``(A) Such payment is appropriate in light of 
                the exceptional or high-profile nature of the 
                information furnished pursuant to such 
                subsection and such information relates in any 
                way to the commission of an act in Afghanistan.
                  ``(B) Such payment may aid in furnishing 
                further information described in such 
                subsection.
                  ``(C) Such payment is formally requested by 
                such agency.''.
  (b) Conforming Amendment.--Subsection (b) of such section (22 
U.S.C. 2708(b)) is amended in the matter preceding paragraph 
(1) by inserting ``or to any officer or employee of a foreign 
government in accordance with subsection (f)(2)'' after 
``individual''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Kucinich of Ohio, or 
                 His Designee, Debatable for 10 Minutes

  Page 43, after line 6, insert the following new subsection:

  (c) Contribution to Post-Operations Humanitarian Relief 
Fund.--Of the amount appropriated pursuant to subsection (a) of 
section 110 of the Afghanistan Freedom Support Act of 2002 (as 
redesignated by title I of this Act), $500,000 for each of the 
fiscal years 2008 through 2010 shall be available for a United 
States contribution to the Post-Operations Humanitarian Relief 
Fund of the International Security Assistance Force.
                              ----------                              


 9. An Amendment To Be Offered by Representative Terry of Nebraska, or 
                 His Designee, Debatable for 10 Minutes

  Page 26, after line 12, insert the following new subsection:

  (j) Priority to U.S. Organizations for Grants To Aid in the 
Revitalization of Afghanistan.--In awarding grants to 
nongovernmental organizations to aid in the revitalization of 
Afghanistan, including to assist the people of Afghanistan to 
create and sustain quality economic and educational systems, 
under section 103 of the Afghanistan Freedom Support Act of 
2002 (as amended by this section), the United States Agency for 
International Development should give priority to organizations 
based in the United States that have an established and cost-
effective record of developing and administering such programs 
of assistance in Afghanistan.
                              ----------                              


    10. An Amendment To Be Offered by Representative Van Hollen of 
          Maryland, or His Designee, Debatable for 10 Minutes

  Page 17, line 17, strike ``and''.

  Page 17, line 19, strike the first period, the closing 
quotation marks, and the second period and insert ``; and''.

  Page 17, after line 19, insert the following new clause:

                          ``(ix) promoting the empowerment of 
                        citizens at the local level in the 
                        decision-making process, including 
                        reconstruction and economic development 
                        decisions.''.

  Page 62, beginning on line 16, insert ``, create an 
environment conducive to Afghan small business development,'' 
after ``opportunities''.
                              ----------                              


11. An Amendment To Be Offered by Representative Souder of Indiana, or 
                 His Designee, Debatable for 10 Minutes

  Page 39, line 1, insert ``, including force protection and in 
extremis support'' after ``logistical support''.

                                  
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