HR 3049 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

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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.