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78–321PDF 2002

AMENDING THE INTERNATIONAL ORGANIZATIONS IMMUNITIES

ACT TO PROVIDE FOR THE APPLICABILITY OF THAT ACT

TO THE EUROPEAN CENTRAL BANK;

WOMEN THROUGHOUT THE WORLD SHOULD JOIN TOGETHER

FOR A WEEK OF EVENTS TO SPEAK UP FOR WORLD PEACE;

AND AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

MARKUP

BEFORE THE

COMMITTEE ON

INTERNATIONAL RELATIONS

HOUSE OF REPRESENTATIVES

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ON

H.R. 3656, H. Con. Res. 290,

and H.R. 3994

MARCH 20, 2002

Serial No. 107–68

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations

(II)

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

BENJAMIN A. GILMAN, New York

JAMES A. LEACH, Iowa

DOUG BEREUTER, Nebraska

CHRISTOPHER H. SMITH, New Jersey

DAN BURTON, Indiana

ELTON GALLEGLY, California

ILEANA ROS-LEHTINEN, Florida

CASS BALLENGER, North Carolina

DANA ROHRABACHER, California

EDWARD R. ROYCE, California

PETER T. KING, New York

STEVE CHABOT, Ohio

AMO HOUGHTON, New York

JOHN M. MCHUGH, New York

JOHN COOKSEY, Louisiana

THOMAS G. TANCREDO, Colorado

RON PAUL, Texas

NICK SMITH, Michigan

JOSEPH R. PITTS, Pennsylvania

DARRELL E. ISSA, California

ERIC CANTOR, Virginia

JEFF FLAKE, Arizona

BRIAN D. KERNS, Indiana

JO ANN DAVIS, Virginia

MARK GREEN, Wisconsin

TOM LANTOS, California

HOWARD L. BERMAN, California

GARY L. ACKERMAN, New York

ENI F.H. FALEOMAVAEGA, American

Samoa

DONALD M. PAYNE, New Jersey

ROBERT MENENDEZ, New Jersey

SHERROD BROWN, Ohio

CYNTHIA A. MCKINNEY, Georgia

EARL F. HILLIARD, Alabama

BRAD SHERMAN, California

ROBERT WEXLER, Florida

JIM DAVIS, Florida

ELIOT L. ENGEL, New York

WILLIAM D. DELAHUNT, Massachusetts

GREGORY W. MEEKS, New York

BARBARA LEE, California

JOSEPH CROWLEY, New York

JOSEPH M. HOEFFEL, Pennsylvania

EARL BLUMENAUER, Oregon

SHELLEY BERKLEY, Nevada

GRACE NAPOLITANO, California

ADAM B. SCHIFF, California

DIANE E. WATSON, California

THOMAS E. MOONEY, SR., Staff Director/General Counsel

ROBERT R. KING, Democratic Staff Director

HILLEL WEINBERG, Subcommittee Staff Director & Counsel

LIBERTY DUNN, Staff Associate

(III)

C O N T E N T S

Page

Markup of H.R. 3656, To amend the International Organizations Immunities

Act to provide for the applicability of that Act to the European Central

Bank ...................................................................................................................... 1

Markup of H. Con. Res. 290, Expressing the sense of the Congress that

women throughout the world should join together for a week of workshops,

forums, and other events to speak up for world peace ..................................... 1

Markup of H.R. 3994, Afghanistan Freedom Support Act ................................... 7

Amendment to H.R. 3994, offered by the Honorable Dana Rohrabacher,

a Representative in Congress from the State of California .......................... 49

Amendment to H.R. 3994, offered by the Honorable Joseph M. Hoeffel,

a Representative in Congress from the State of Pennsylvania .................... 53

Amendment to H.R. 3994, offered by the Honorable Barbara Lee, a Representative in Congress from the State of California .................................... 56

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD

The Honorable Henry J. Hyde, a Representative in Congress from the State

of Illinois, and Chairman, Committee on International Relations: Prepared

statement .............................................................................................................. 39

The Honorable Tom Lantos, a Representative in Congress from the State

of California: Prepared statements ..................................................................... 41

(1)

AMENDING THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT TO PROVIDE FOR THE APPLICABILITY

OF THAT ACT TO THE EUROPEAN CENTRAL BANK;

WOMEN THROUGHOUT THE WORLD SHOULD JOIN TOGETHER FOR A WEEK OF EVENTS TO SPEAK UP FOR

WORLD PEACE; AND AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

WEDNESDAY, MARCH 20, 2002

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERNATIONAL RELATIONS,

Washington, DC.

The Committee met, pursuant to call, at 10:45 a.m. in Room

2172, Rayburn House Office Building, Hon. Henry J. Hyde presiding.

Chairman HYDE. The Committee will come to order. First, we are

going to take up a couple of unanimous consent matters. The items

on the agenda are H.R. 3656, To amend the International Organizations Immunities Act to provide for the applicability of that Act

to the European Central Bank, and en bloc by unanimous consent

we will hear H. Con. Res. 290, Expressing the sense of the Congress that women throughout the world should join together for a

week of workshops, forums, and other events to speak up for world

peace. I call them for the purposes of markup en bloc and move

their favorable recommendation to the House. Is there any objection?

[No response.]

[H.R. 3656 and H. Con. Res. 290 follow:]

2

1

I

107TH CONGRESS

2D SESSION H. R. 3656

To amend the International Organizations Immunities Act to provide for

the applicability of that Act to the European Central Bank.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 29, 2002

Mr. LEACH introduced the following bill; which was referred to the Committee

on International Relations

A BILL

To amend the International Organizations Immunities Act

to provide for the applicability of that Act to the European Central Bank.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION OF THE EUROPEAN CENTRAL

4 BANK UNDER THE INTERNATIONAL ORGANI5 ZATIONS IMMUNITIES ACT.

6 The International Organizations Immunities Act (22

7 U.S.C. 288 et seq.) is amended by adding at the end the

8 following new section:

9 ‘‘SEC. 15. The provisions of this title may be ex10 tended to the European Central Bank in the same manVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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2

•HR 3656 IH

1 ner, to the same extent, and subject to the same condi2 tions, as they may be extended to a public international

3 organization in which the United States participates pur4 suant to any treaty or under the authority of any Act of

5 Congress authorizing such participation or making an ap6 propriation for such participation.’’.

Æ

4

1

IV

107TH CONGRESS

1ST SESSION H. CON. RES. 290

Expressing the sense of the Congress that women throughout the world

should join together for a week of workshops, forums, and other events

to speak up for world peace.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 18, 2001

Ms. EDDIE BERNICE JOHNSON of Texas submitted the following concurrent

resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of the Congress that women throughout

the world should join together for a week of workshops,

forums, and other events to speak up for world peace.

Whereas the terrorist attacks of September 11, 2001, have

focused the world’s attention on the scourge of terrorism

and the need to challenge the belief that violence is an

acceptable tool in resolving differences and conflicts;

Whereas the presence of the United Nations peacekeeping

missions throughout the world is a strong indication of

the need for increased dialogue in order to bring lasting

peace to war-torn and strife-ridden areas of the world;

Whereas the Beijing Declaration of the United Nations

Fourth World Conference on Women stated that the full

participation of women in all spheres of society, including

5

2

•HCON 290 IH

participation in decisionmaking processes, is fundamental

for the achievement of equality, development, and peace;

Whereas women are generally non-combatants in war but are

severely affected by conditions accompanying war,

through displacement as refugees and the deprivation of

human and civil rights;

Whereas women at the grassroots level have been deeply involved in establishing and maintaining stability within

their communities through cooperative efforts that often

reach across boundaries of race, class, and economic circumstances;

Whereas the individual and collective works of women in

peace-building and community-building activities help to

undo the legacies of hatred and suspicion and therefore

break the cycle of violence;

Whereas in the last 50 years, the political and social influence of women in the United States and throughout the

world has increased and the voices of women are emerging in policy disciplines from which they have traditionally been excluded, including national security, foreign

policy, and international economics;

Whereas the rights and interests of women are rarely given

attention during formal peace negotiations, and the failure to address these issues ensures that the status quo

will continue;

Whereas in peacebuilding and reconstruction efforts, the contributions of women to the economy and the potential of

women as agents of economic and social change must be

given appropriate consideration; and

Whereas the month of May, when the traditional role of

women as mothers and caregivers is recognized on MothVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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•HCON 290 IH

er’s Day, is an appropriate time to focus on the role of

women in achieving world peace: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that

3 women throughout the world should join together for a

4 week of workshops, forums, and other events to speak up

5 for world peace.

Æ

7

Chairman HYDE. Without objection the Chairman is authorized

to seek consideration of these measures on the Suspension Calendar, and without objection any Member may place his or her remarks in the record of today’s proceedings.

Pursuant to notice, I now call up H.R. 3994, the Afghanistan

Freedom Support Act, for purposes of markup and move its favorable recommendation to the House. Without objection, the bill will

be considered as read and open for amendment at any point, and

the Chair yields himself 5 minutes for purposes of a statement.

[H.R. 3994 follows:]

8

9

2

H.L.C.

1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents; definition.

TITLE I—ECONOMIC AND DEMOCRATIC DEVELOPMENT

ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy.

Sec. 102. Purposes of assistance.

Sec. 103. Principles of assistance.

Sec. 104. Authorization of assistance.

Sec. 105. Promoting cooperation in major opium producing regions of Afghanistan.

Sec. 106. Coordination of assistance.

Sec. 107. Administrative provisions.

Sec. 108. Authorization of appropriations.

TITLE II—MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS

Sec. 201. Support for security during transition in Afghanistan.

Sec. 202. Authorization of assistance.

Sec. 203. Eligible foreign countries and eligible international organizations.

Sec. 204. Reimbursement for assistance.

Sec. 205. Authority to provide assistance.

Sec. 206. Sunset.

3 (c) DEFINITION.—In this Act, the term ‘‘Government

4 of Afghanistan’’ includes the government of any political

5 subdivision of Afghanistan, and any agency or instrumen6 tality of the Government of Afghanistan.

7 TITLE I—ECONOMIC AND DEMO8 CRATIC DEVELOPMENT AS9 SISTANCE FOR AFGHANISTAN

10 SEC. 101. DECLARATION OF POLICY.

11 Congress makes the following declarations:

12 (1) The United States and the international

13 community should support efforts that advance the

14 development of democratic civil authorities and instiVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00013 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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3

H.L.C.

1 tutions in Afghanistan and the establishment of a

2 new broad-based, multi-ethnic, gender-sensitive, and

3 fully representative government in Afghanistan.

4 (2) The United States, in particular, should

5 provide its expertise to meet immediate humani6 tarian and refugee needs, fight the production and

7 flow of illicit narcotics, and aid in the reconstruction

8 of Afghanistan’s agriculture, health care, and edu9 cational systems.

10 (3) By promoting peace and security in Afghan11 istan and preventing a return to conflict, the United

12 States and the international community can help en13 sure that Afghanistan does not again become a

14 source for international terrorism.

15 (4) The United States should support the objec16 tives agreed to on December 5, 2001, in Bonn, Ger17 many, regarding the provisional arrangement for Af18 ghanistan as it moves toward the establishment of

19 permanent institutions and, in particular, should

20 work intensively toward ensuring the future neu21 trality of Afghanistan, establishing the principle that

22 neighboring countries and other countries in the re23 gion do not threaten or interfere in one another’s

24 sovereignty, territorial integrity, or political indeVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00014 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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H.L.C.

1 pendence, including supporting diplomatic initiatives

2 to support this goal.

3 (5) The special emergency situation in Afghani4 stan, which from the perspective of the American

5 people combines security, humanitarian, political,

6 law enforcement, and development imperatives, re7 quires that the President should receive maximum

8 flexibility in designing, coordinating, and admin9 istering efforts with respect to assistance for Af10 ghanistan and that a temporary special program of

11 such assistance should be established for this pur12 pose.

13 SEC. 102. PURPOSES OF ASSISTANCE.

14 The purposes of assistance authorized by this title

15 are—

16 (1) to help assure the security of the United

17 States and the world by reducing or eliminating the

18 likelihood of violence against United States or allied

19 forces in Afghanistan and to reduce the chance that

20 Afghanistan will again be a source of international

21 terrorism;

22 (2) to support the continued efforts of the

23 United States and the international community to

24 address the humanitarian crisis in Afghanistan and

25 among Afghan refugees in neighboring countries;

12

5

H.L.C.

1 (3) to fight the production and flow of illicit

2 narcotics, to control the flow of precursor chemicals

3 used in the production of heroin, and to enhance and

4 bolster the capacities of Afghan governmental au5 thorities to control poppy cultivation and related ac6 tivities;

7 (4) to help achieve a broad-based, multi-ethnic,

8 gender-sensitive, and fully representative government

9 in Afghanistan that is freely chosen by the people of

10 Afghanistan and that respects the human rights of

11 all Afghans, particularly women, including author12 izing assistance for the rehabilitation and recon13 struction of Afghanistan with a particular emphasis

14 on meeting the educational, health, and sustenance

15 needs of women and children to better enable their

16 full participation in Afghan society;

17 (5) to support the Government of Afghanistan

18 in its development of the capacity to facilitate, orga19 nize, develop, and implement projects and activities

20 that meet the needs of the Afghan people;

21 (6) to foster the participation of civil society in

22 the establishment of the new Afghan government in

23 order to achieve a broad-based, multiethnic, gender24 sensitive, fully representative government freely cho25 sen by the Afghan people, without prejudice to any

13

6

H.L.C.

1 decisions which may be freely taken by the Afghan

2 people about the precise form in which their govern3 ment is to be organized in the future, as may be de4 cided through the convening of a traditional Afghan

5 assembly or ‘‘Loya Jirga’’ as agreed to on December

6 5, 2001, in Bonn, Germany; and

7 (7) to support the reconstruction of Afghani8 stan through, among other things, programs that

9 create jobs and rebuild the agriculture sector, the

10 health care system, and the educational system of

11 Afghanistan.

12 SEC. 103. PRINCIPLES OF ASSISTANCE.

13 The following principles should guide the provision of

14 assistance authorized by this title:

15 (1) TERRORISM AND NARCOTICS CONTROL.—

16 Assistance should be designed to reduce the likeli17 hood of harm to United States and other allied

18 forces in Afghanistan and the region, the likelihood

19 of additional acts of international terrorism ema20 nating from Afghanistan, and the cultivation, pro21 duction, trafficking, and use of illicit narcotics in Af22 ghanistan.

23 (2) ROLE OF WOMEN.—Assistance should in24 crease the participation of women at the national,

25 regional, and local levels in Afghanistan, wherever

14

7

H.L.C.

1 feasible, by enhancing the role of women in decision2 making processes, as well as by providing support

3 for programs that aim to expand economic and edu4 cational opportunities and health programs for

5 women and educational and health programs for

6 girls.

7 (3) AFGHAN OWNERSHIP.—Assistance should

8 build upon Afghan traditions and practices. The

9 strong tradition of community responsibility and

10 self-reliance in Afghanistan should be built upon to

11 increase the capacity of the Afghan people and insti12 tutions to participate in the reconstruction of Af13 ghanistan.

14 (4) STABILITY.—Assistance should encourage

15 the restoration of security in Afghanistan, including,

16 among other things, the disarmament, demobiliza17 tion, and reintegration of combatants, and the estab18 lishment of the rule of law, including the establish19 ment of a police force and an effective, independent

20 judiciary.

21 (5) COORDINATION.—Assistance should be part

22 of a larger donor effort for Afghanistan. The mag23 nitude of the devastation—natural and manmade—

24 to institutions and infrastructure make it imperative

25 that there be close coordination and collaboration

15

8

H.L.C.

1 among donors. The United States should endeavor

2 to assert its leadership to have the efforts of inter3 national donors help achieve the purposes estab4 lished by this title.

5 SEC. 104. AUTHORIZATION OF ASSISTANCE.

6 (a) IN GENERAL.—The President is authorized to

7 provide assistance for Afghanistan for the following activi8 ties:

9 (1) URGENT HUMANITARIAN NEEDS.—To assist

10 in meeting the urgent humanitarian needs of the

11 people of Afghanistan, including assistance such

12 as—

13 (A) emergency food, shelter, and medical

14 assistance;

15 (B) clean drinking water and sanitation;

16 (C) preventative health care, including

17 childhood vaccination, therapeutic feeding, ma18 ternal child health services, and infectious dis19 eases surveillance and treatment; and

20 (D) family tracing and reunification serv21 ices.

22 (2) REPATRIATION AND RESETTLEMENT OF

23 REFUGEES AND INTERNALLY DISPLACED PER24 SONS.—To assist refugees and internally displaced

25 persons as they return to their home communities in

16

9

H.L.C.

1 Afghanistan and to support their reintegration into

2 those communities, including assistance such as—

3 (A) assistance identified in paragraph (1);

4 (B) assistance to communities, including

5 those in neighboring countries, that have taken

6 in large numbers of refugees in order to reha7 bilitate or expand social, health, and edu8 cational services that may have suffered as a

9 result of the influx of large numbers of refu10 gees;

11 (C) assistance to international organiza12 tions and host governments in maintaining se13 curity by screening refugees to ensure the ex14 clusion of armed combatants, members of for15 eign terrorist organizations, and other individ16 uals not eligible for economic assistance from

17 the United States; and

18 (D) assistance for voluntary refugee repa19 triation and reintegration inside Afghanistan

20 and continued assistance to those refugees who

21 are unable or unwilling to return.

22 (3) COUNTERNARCOTICS EFFORTS.—(A) To as23 sist in the eradication of poppy cultivation, the dis24 ruption of heroin production, and the reduction of

25 the overall supply and demand for illicit narcotics in

17

10

H.L.C.

1 Afghanistan and the region, with particular empha2 sis on assistance to—

3 (i) eradicate opium poppy, establish crop

4 substitution programs, purchase nonopium

5 product from farmers in opium-growing areas,

6 quick-impact public works programs to divert

7 labor from narcotics production, develop

8 projects directed specifically at narcotics pro9 duction, processing, or trafficking areas to pro10 vide incentives to cooperation in narcotics sup11 pression activities, and related programs;

12 (ii) establish or provide assistance to one

13 or more entities within the Government of Af14 ghanistan, including the Afghan State High

15 Commission for Drug Control, and to provide

16 training and equipment for the entities, to help

17 enforce counternarcotics laws in Afghanistan

18 and limit illicit narcotics growth, production,

19 and trafficking in Afghanistan;

20 (iii) train and provide equipment for cus21 toms, police, and other border control entities in

22 Afghanistan and the region relating to illicit

23 narcotics interdiction and relating to precursor

24 chemical controls and interdiction to help disVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00021 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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H.L.C.

1 rupt heroin production in Afghanistan and the

2 region;

3 (iv) continue the annual opium crop survey

4 and strategic studies on opium crop planting

5 and farming in Afghanistan; and

6 (v) reduce demand for illicit narcotics

7 among the people of Afghanistan, including ref8 ugees returning to Afghanistan.

9 (B) For each of the fiscal years 2002 through

10 2005, not less than $15,000,000 of the amount

11 made available to carry out this title should be made

12 available for a contribution to the United Nations

13 Drug Control Program for the purpose of carrying

14 out activities described in clauses (i) through (v) of

15 subparagraph (A). Amounts made available under

16 the preceding sentence are in addition to amounts

17 otherwise available for such purposes.

18 (4) REESTABLISHMENT OF FOOD SECURITY,

19 REHABILITATION OF THE AGRICULTURE SECTOR,

20 IMPROVEMENT IN HEALTH CONDITIONS, AND THE

21 RECONSTRUCTION OF BASIC INFRASTRUCTURE.—To

22 assist in expanding access to markets in Afghani23 stan, to increase the availability of food in markets

24 in Afghanistan, to rehabilitate the agriculture sector

25 in Afghanistan by creating jobs for former combatVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00022 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
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H.L.C.

1 ants, returning refugees, and internally displaced

2 persons, to improve health conditions, and assist in

3 the rebuilding of basic infrastructure in Afghanistan,

4 including assistance such as—

5 (A) rehabilitation of the agricultural infra6 structure, including irrigation systems and

7 rural roads;

8 (B) extension of credit;

9 (C) provision of critical agricultural inputs,

10 such as seeds, tools, and fertilizer, and

11 strengthening of seed multiplication, certifi12 cation, and distribution systems;

13 (D) improvement in the quantity and qual14 ity of water available through, among other

15 things, rehabilitation of existing irrigation sys16 tems and the development of local capacity to

17 manage irrigation systems;

18 (E) livestock rehabilitation through market

19 development and other mechanisms to dis20 tribute stocks to replace those stocks lost as a

21 result of conflict or drought;

22 (F) mine awareness and demining pro23 grams and programs to assist mine victims, war

24 orphans, and widows;

20

13

H.L.C.

1 (G) programs relating to infant and young

2 child feeding, immunizations, vitamin A sup3 plementation, and prevention and treatment of

4 diarrheal diseases and respiratory infections;

5 (H) programs to improve maternal and

6 child health and reduce maternal and child

7 mortality;

8 (I) programs to improve hygienic and sani9 tation practices and for the prevention and

10 treatment of infectious diseases, such as tuber11 culosis and malaria;

12 (J) programs to reconstitute the delivery of

13 health care, including the reconstruction of

14 health clinics or other basic health infrastruc15 ture; and

16 (K) disarmament, demobilization, and re17 integration of armed combatants into society,

18 particularly child soldiers.

19 (5) REESTABLISHMENT OF AFGHANISTAN AS A

20 VIABLE NATION-STATE.—To assist in the develop21 ment of the capacity of the Government of Afghani22 stan to meet the needs of the people of Afghanistan

23 through, among other things, support for the devel24 opment and expansion of democratic and market25 based institutions, including assistance such as—

21

14

H.L.C.

1 (A) support for international organizations

2 that provide civil advisers to the Government of

3 Afghanistan;

4 (B) support for an educated citizenry

5 through improved access to basic education;

6 (C) programs to enable the Government of

7 Afghanistan to recruit and train teachers, with

8 special focus on the recruitment and training of

9 female teachers;

10 (D) programs to enable the Government of

11 Afghanistan to develop school curriculum that

12 incorporates relevant information such as land13 mine awareness, food security and agricultural

14 education, human rights awareness, and civic

15 education;

16 (E) support for the activities of the Gov17 ernment of Afghanistan to draft a new constitu18 tion, other legal frameworks, and other initia19 tives to promote the rule of law in Afghanistan;

20 (F) support to increase the transparency,

21 accountability, and participatory nature of gov22 ernmental institutions, including programs de23 signed to combat corruption and other pro24 grams for the promotion of good governance;

25 (G) support for an independent media;

22

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H.L.C.

1 (H) programs that support the expanded

2 participation of women and members of all eth3 nic groups in government at national, regional,

4 and local levels;

5 (I) programs to strengthen civil society or6 ganizations that promote human rights and

7 support human rights monitoring;

8 (J) support for national, regional, and

9 local elections and political party development;

10 and

11 (K) support for the effective administra12 tion of justice at the national, regional, and

13 local levels, including the establishment of a re14 sponsible and community-based police force.

15 (6) MARKET ECONOMY.—To support the estab16 lishment of a market economy, the establishment of

17 private financial institutions, the adoption of policies

18 to promote foreign direct investment, the develop19 ment of a basic telecommunication infrastructure,

20 and the development of trade and other commercial

21 links with countries in the region and with the

22 United States, including policies to—

23 (A) encourage the return of Afghanistan

24 citizens or nationals living abroad who have

25 marketable and business-related skills;

23

16

H.L.C.

1 (B) establish financial institutions, includ2 ing credit unions, cooperatives, and other enti3 ties providing microenterprise credits and other

4 income-generation programs for the poor, with

5 particular emphasis on women;

6 (C) facilitate expanded trade with coun7 tries in the region;

8 (D) promote and foster respect for basic

9 workers’ rights and protections against exploi10 tation of child labor;

11 (E) develop handicraft and other small12 scale industries; and

13 (F) provide financing programs for the re14 construction of Kabul and other major cities in

15 Afghanistan.

16 (b) LIMITATION.—

17 (1) IN GENERAL.—Amounts made available to

18 carry out this title (except amounts made available

19 for assistance under paragraphs (1) through (3) and

20 subparagraphs (F) through (I) of paragraph (4) of

21 subsection (a)) may be provided only if—

22 (A) with respect to assistance for fiscal

23 year 2003, the President first determines and

24 certifies to Congress that a traditional Afghan

25 assembly or ‘‘Loya Jirga’’ has been convened

24

17

H.L.C.

1 and has decided on a broad-based, multiethnic,

2 gender-sensitive, fully representative transi3 tional authority for Afghanistan; and

4 (B) with respect to assistance for fiscal

5 years 2004 and 2005, the President first deter6 mines and certifies to Congress with respect to

7 the fiscal year involved that substantial

8 progress has been made toward adopting a con9 stitution and establishing a democratically elect10 ed government for Afghanistan.

11 (2) WAIVER.—

12 (A) IN GENERAL.—The President may

13 waive the application of subparagraph (A) or

14 (B) of paragraph (1) if the President first de15 termines and certifies to Congress that it is in

16 the vital national interest of the United States

17 to do so.

18 (B) CONTENTS OF CERTIFICATION.—A

19 certification transmitted to Congress under sub20 paragraph (A) shall include—

21 (i) a full and complete description of

22 the vital national interest of the United

23 States that is placed at risk by reason the

24 application of subparagraph (A) or (B) of

25 paragraph (1), as the case may be; and

25

18

H.L.C.

1 (ii) an analysis of the risk described

2 in clause (i) versus the risk to the vital na3 tional interest of the United States by rea4 son of the failure to exercise the waiver au5 thority of subparagraph (A).

6 SEC. 105. PROMOTING COOPERATION IN MAJOR OPIUM

7 PRODUCING REGIONS OF AFGHANISTAN.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), a portion of the amount made available to carry out

10 this title for a fiscal year shall be available for assistance

11 in the major opium producing regions of Afghanistan, in12 cluding areas within the Badakshan, Helmand, and

13 Qandahar provinces with the goal of assisting in the elimi14 nation of poppy cultivation. Assistance under the pre15 ceding sentence shall be provided in coordination with the

16 Government of Afghanistan, in consultation with the local

17 leaders of such regions, and in coordination with the

18 counter-narcotics efforts of other donors, particularly the

19 United Nations Drug Control Program (UNDCP), and

20 the European Union and its member states.

21 (b) LIMITATION.—

22 (1) IN GENERAL.—Subject to paragraph (2),

23 amounts made available to carry out this title for a

24 fiscal year (except amounts made available for as25 sistance under paragraphs (1) through (3) and subVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00029 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
26

19

H.L.C.

1 paragraphs (F) through (I) of paragraph (4) of sec2 tion 104(a)) may not be provided to an opium pro3 ducing region if, with respect to such region, the

4 Government of Afghanistan does not actively, effec5 tively, and vigorously participate in illicit narcotics

6 suppression activities or if, beginning on September

7 30, 2003, opium is produced (other than in a de

8 minimis amount, as measured by surveys conducted

9 by the United States Government, the United Na10 tions Drug Control Program, or other reliable

11 sources) in such region. Amounts withheld from an

12 opium producing region by reason of the application

13 of the preceding sentence shall be redistributed to

14 qualifying opium producing regions.

15 (2) WAIVER.—

16 (A) IN GENERAL.—The President may

17 waive the restriction on assistance under the

18 first sentence of paragraph (1) with respect to

19 an opium producing region if the President first

20 determines and certifies to Congress that it is

21 in the vital national interest of the United

22 States to do so.

23 (B) CONTENTS OF CERTIFICATION.—A

24 certification transmitted to Congress under sub25 paragraph (A) shall include—

27

20

H.L.C.

1 (i) a full and complete description of

2 the vital national interest of the United

3 States that is placed at risk if assistance

4 to the opium producing region involved is

5 not provided under this section; and

6 (ii) an analysis of the risk described

7 in clause (i) versus the risk to the vital na8 tional interest of the United States by rea9 son of the failure to exercise the waiver au10 thority of subparagraph (A).

11 (c) ADDITIONAL REQUIREMENT.—The coordinator

12 designated by the President pursuant to section 106(a)

13 and other appropriate officers of the Department of State

14 and the United States Agency for International Develop15 ment shall ensure that assistance under this title is pro16 vided, in appropriate amounts, to opium producing regions

17 of Afghanistan consistent with the requirements of sub18 sections (a) and (b).

19 SEC. 106. COORDINATION OF ASSISTANCE.

20 (a) DESIGNATION OF COORDINATOR.—The President

21 is strongly urged to designate, within the Department of

22 State, a coordinator who shall be responsible for—

23 (1) designing an overall strategy to advance

24 United States interests in Afghanistan;

28

21

H.L.C.

1 (2) ensuring program and policy coordination

2 among agencies of the United States Government in

3 carrying out the policies set forth in this title;

4 (3) pursuing coordination with other countries

5 and international organizations with respect to as6 sistance to Afghanistan;

7 (4) ensuring that United States assistance pro8 grams for the Afghanistan are consistent with this

9 title;

10 (5) ensuring proper management, implementa11 tion, and oversight by agencies responsible for as12 sistance programs for Afghanistan; and

13 (6) resolving policy and program disputes

14 among United States Government agencies with re15 spect to United States assistance for Afghanistan.

16 (b) ADDITIONAL REQUIREMENT.—An individual des17 ignated by the President as coordinator pursuant to sub18 section (a) may only be an individual who is appointed

19 by the President by and with the advice and consent of

20 the Senate.

21 SEC. 107. ADMINISTRATIVE PROVISIONS.

22 (a) APPLICABLE ADMINISTRATIVE AUTHORITIES.—

23 Except to the extent inconsistent with the provisions of

24 this title, the administrative authorities under chapters 1

25 and 2 of part III of the Foreign Assistance Act of 1961

29

22

H.L.C.

1 shall apply to the provision of assistance under this title

2 to the same extent and in the same manner as such au3 thorities apply to the provision of economic assistance

4 under part I of such Act.

5 (b) USE OF THE EXPERTISE OF AFGHAN-AMERI6 CANS.—In providing assistance authorized by this title,

7 the President should—

8 (1) maximize the use, to the extent feasible, of

9 the services of Afghan-Americans who have expertise

10 in the areas for which assistance is authorized by

11 this title; and

12 (2) in the awarding of contracts and grants to

13 implement activities authorized under this title, en14 courage the participation of such Afghan-Americans

15 (including organizations employing a significant

16 number of such Afghan-Americans).

17 (c) ADMINISTRATIVE EXPENSES.—Not more than 5

18 percent of the amount made available to a Federal depart19 ment or agency to carry out this title for a fiscal year

20 may be used by the department or agency for administra21 tive expenses in connection with such assistance.

22 (d) MONITORING.—

23 (1) COMPTROLLER GENERAL.—The Comp24 troller General shall monitor the provision of assist25 ance under this title.

30

23

H.L.C.

1 (2) INSPECTOR GENERAL OF USAID.—

2 (A) IN GENERAL.—The Inspector General

3 of the United States Agency for International

4 Development shall conduct audits, inspections,

5 and other activities, as appropriate, associated

6 with the expenditure of the funds to carry out

7 this title.

8 (B) FUNDING.—Not more than

9 $1,500,000 of the amount made available to

10 carry out this title for a fiscal year shall be

11 made available to carry out subparagraph (A).

12 (e) CONGRESSIONAL NOTIFICATION PROCEDURES.—

13 Funds made available to carry out this title may not be

14 obligated until 15 days after notification of the proposed

15 obligation of the funds has been provided to the congres16 sional committees specified in section 634A of the Foreign

17 Assistance Act of 1961 in accordance with the procedures

18 applicable to reprogramming notifications under that sec19 tion.

20 (f) AUTHORITY TO PROVIDE ASSISTANCE.—Assist21 ance under this title may be provided notwithstanding any

22 other provision of law.

23 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There are authorized to be appro25 priated to the President to carry out this title

31

24

H.L.C.

1 $200,000,000 for fiscal year 2002, $300,000,000 for each

2 of the fiscal years 2003 and 2004, and $250,000,000 for

3 fiscal year 2005. Amounts authorized to be appropriated

4 pursuant to the preceding sentence for fiscal year 2002

5 are in addition to amounts otherwise available for assist6 ance for Afghanistan.

7 (b) AVAILABILITY.—Amounts appropriated pursuant

8 to the authorization of appropriations under subsection (a)

9 are—

10 (1) authorized to remain available until ex11 pended; and

12 (2) in addition to funds otherwise available for

13 such purposes, including, with respect to food assist14 ance under section 104(a)(1), funds available under

15 title II of the Agricultural Trade Development and

16 Assistance Act of 1954, the Food for Progress Act

17 of 1985, and section 416(b) of the Agricultural Act

18 of 1949.

32

25

H.L.C.

1 TITLE II—MILITARY ASSISTANCE

2 FOR AFGHANISTAN AND CER3 TAIN OTHER FOREIGN COUN4 TRIES AND INTERNATIONAL

5 ORGANIZATIONS

6 SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN

7 AFGHANISTAN.

8 It is the sense of Congress that, during the transition

9 to a broad-based, multi-ethnic, gender-sensitive, fully rep10 resentative government in Afghanistan, the United States

11 should support—

12 (1) the development of a civilian-controlled and

13 centrally-governed standing Afghanistan army that

14 respects human rights;

15 (2) the creation and training of a professional

16 civilian police force that respects human rights; and

17 (3) a multinational security force in Afghani18 stan.

19 SEC. 202. AUTHORIZATION OF ASSISTANCE.

20 (a) TYPES OF ASSISTANCE.—

21 (1) IN GENERAL.—(A) To the extent that funds

22 are appropriated in any fiscal year for the purposes

23 of this Act, the President may provide, on such

24 terms and conditions as he may determine, defense

25 articles, defense services, counter-narcotics, crime

33

26

H.L.C.

1 control and police training services, and other sup2 port (including training) to the Government of Af3 ghanistan.

4 (B) To the extent that funds are appropriated

5 in any fiscal year for these purposes, the President

6 may provide, on such terms and conditions as he

7 may determine, defense articles, defense services,

8 and other support (including training) to eligible for9 eign countries and eligible international organiza10 tions.

11 (C) The assistance authorized under subpara12 graph (B) shall be used for directly supporting the

13 activities described in section 203.

14 (2) DRAWDOWN AUTHORITY.—The President is

15 authorized to direct the drawdown of defense arti16 cles, defense services, and military education and

17 training for the Government of Afghanistan, eligible

18 foreign countries, and eligible international organiza19 tions.

20 (3) AUTHORITY TO ACQUIRE BY CONTRACT OF

21 OTHERWISE.—The assistance authorized under

22 paragraphs (1) and (2) and under Public Law 105–

23 338 may include the supply of defense articles, de24 fense services, counter-narcotics, crime control and

25 police training services, other support, and military

34

27

H.L.C.

1 education and training that are acquired by contract

2 or otherwise.

3 (b) AMOUNT OF ASSISTANCE.—The aggregate value

4 (as defined in section 644(m) of the Foreign Assistance

5 Act of 1961) of assistance provided under subsection

6 (a)(2) may not exceed $300,000,000, provided that such

7 limitation shall be increased by any amounts appropriated

8 pursuant to the authorization of appropriations in section

9 204(b)(1).

10 SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE

11 INTERNATIONAL ORGANIZATIONS.

12 A foreign country or international organization shall

13 be eligible to receive assistance under section 202 if such

14 foreign country or international organization is partici15 pating in or directly supporting United States military ac16 tivities authorized under Public Law 107–40 or is partici17 pating in military, peacekeeping, or policing operations in

18 Afghanistan aimed at restoring or maintaining peace and

19 security in that country, except that no country the gov20 ernment of which has been determined by the Secretary

21 of State to have repeatedly provided support for acts of

22 international terrorism under section 620A of the Foreign

23 Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1)

24 of the Export Administration Act of 1979 (50 U.S.C. App.

25 2405(j)(1)), or section 40(d) of the Arms Export Control

35

28

H.L.C.

1 Act (22 U.S.C. 2780(d)) shall be eligible to receive assist2 ance under section 202.

3 SEC. 204. REIMBURSEMENT FOR ASSISTANCE.

4 (a) IN GENERAL.—Defense articles, defense services,

5 and military education and training provided under sec6 tion 202(a)(2) shall be made available without reimburse7 ment to the Department of Defense except to the extent

8 that funds are appropriated pursuant to the authorization

9 of appropriations under subsection (b)(1).

10 (b) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to the President such sums as may be

13 necessary to reimburse the applicable appropriation,

14 fund, or account for the value (as defined in section

15 644(m) of the Foreign Assistance Act of 1961) of

16 defense articles, defense services, or military edu17 cation and training provided under section

18 202(a)(2).

19 (2) AVAILABILITY.—Amounts appropriated pur20 suant to the authorization of appropriations under

21 paragraph (1) are authorized to remain available

22 until expended, and are in addition to amounts oth23 erwise available for the purposes described in this

24 title.

36

29

H.L.C.

1 SEC. 205. AUTHORITY TO PROVIDE ASSISTANCE.

2 (a) GOVERNMENT OF AFGHANISTAN.—Assistance to

3 the Government of Afghanistan under this title may be

4 provided notwithstanding any other provision of law.

5 (b) ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE

6 INTERNATIONAL ORGANIZATIONS.—

7 (1) AUTHORITY.—The President may provide

8 assistance under this title to any eligible foreign

9 country or eligible international organization not10 withstanding any other provision of law (other than

11 provisions of this title) if the President determines

12 that such assistance is important to the national se13 curity interest of the United States and notifies the

14 Committee on International Relations of the House

15 of Representatives and the Committee on Foreign

16 Relations of the Senate of such determination at

17 least 15 days in advance of providing such assist18 ance.

19 (2) NOTIFICATION.—The report described in

20 paragraph (1) shall include information relating to

21 the type and amount of assistance proposed to be

22 provided and the actions that the proposed recipient

23 of such assistance has taken or has committed to

24 take.

37

30

H.L.C.

1 SEC. 206. SUNSET.

2 The authority of this title shall expire on December

3 31, 2004.

38

Chairman HYDE. I want to thank the Members here for joining

me at today’s meeting of the Committee. Today we will mark up

several bills, among them the Afghanistan Freedom Support Act.

This legislation was introduced yesterday and is co-sponsored by

Ranking Member Mr. Lantos and myself.

This legislation will abet the Administration in developing a strategic approach to the assistance needs of Afghanistan. By authorizing a significant, 4-year, flexible fund for the purpose of dealing

with the special situation we find in Afghanistan, this legislation

will give the Administration great flexibility to design and implement a comprehensive assistance strategy in line with U.S. priorities and objectives in that troubled country. I look forward to today’s debate and am encouraged by the bipartisan cooperation that

has preceded introduction of this bill.

Last week, this Committee held a hearing on Afghanistan and

heard testimony from two witnesses, Administrator Natsios of

USAID and Under Secretary Larson from the State Department on

the current assistance needs and challenges in Afghanistan. At

that hearing, I was struck by the immense needs and the desperate

situation facing the Afghan people even after their liberation from

the rule of the Taliban. I was also struck by the variety of agencies

involved, necessarily so, in securing a peaceful future for Afghanistan. As I said last Wednesday, it is not an overstatement to say

that the work we accomplish over the next two or 3 years in Afghanistan will have a direct impact on U.S. national security. And

how the Administration is organized to provide this assistance is

a matter of concern to this Committee.

The U.S. Agency for International Development (USAID) has

been on the front lines, supporting the work of non-governmental

organizations in delivering life-saving aid to remote villages affected not only by drought, but also by more than two decades of

conflict. USAID is also equipping Afghanistan’s classrooms and

training its teachers; supporting the health system; exploring possibilities to rehabilitate the agricultural sector; and supporting the

Interim Authority, by providing technical assistance for the Loya

Jirga.

The United Nations, supported strongly by the food donations

and cash funding of the United States, continues to eradicate poppies and otherwise fight the trade in illicit drugs, feed hungry people, vaccinate Afghan children, assist the Interim Authority, and

provide protection to refugees and internally displaced persons in

Afghanistan and neighboring countries.

The Department of State also has an important role in ensuring

overall coordination of U.S. assistance plans with U.S. policy. Beyond its policy coordination and diplomacy role, several bureaus in

the State Department administer their own assistance programs or

mandates for Afghanistan. Among these is the Bureau for Refugees, Population and Migration, which is responsible for refugee

protection, assistance and resettlement. The Bureau for PoliticalMilitary Affairs is responsible for administering part of the United

States’ mine action program, specifically assistance to provide

equipment and technical training to civilian demining teams. The

Bureau of International Narcotics and Law Enforcement is in

charge of U.S. counternarcotics efforts in the region and around the

39

world. The Bureau of Democracy, Human Rights and Labor is also

expected to advance U.S. goals in Afghanistan by funding programs

that promote the respect for human rights and the development of

democratic institutions.

The Defense Department continues its assistance activities inside

Afghanistan, through the use of civil affairs teams who are working

side-by-side with Afghan officials at the village-level to improve infrastructure by rebuilding roads, runways and schools. Earlier in

the campaign, the Defense Department joined in the relief mission

by air-dropping food rations to needy populations otherwise inaccessible by relief agencies and the United Nations.

In a recent announcement during the visit of Afghan Interim Authority Chair Hamid Karzi, Cabinet officials of the Bush Administration announced additional assistance activities to be administered by their respective departments: the Department of Labor,

the Department of Health and Human Services, and the Department of Education. We understand that the Peace Corps, the Overseas Private Investment Corporation, the Trade Development

Agency, and the Export-Import Bank each see a role for themselves

in Afghanistan. Furthermore, the Center for Disease Control and

Prevention, the U.S. Department of Agriculture, and the Treasury

Department each have their own roles and programs in Afghanistan, either in the field or here in Washington through the ‘‘interagency process.’’

The purpose of today’s meeting is to mark up legislation that will

help the Administration manage the intricacies of U.S. assistance

for Afghanistan in the months and years ahead. The United States

has an essential role to play in Afghanistan’s recovery from its

darkest period. But the Administration needs a coherent strategy

and structure in place necessary to achieving the United States objectives of eliminating terrorism, securing the peace, combating

drugs, promoting democracy, delivering aid to those in need, and

safeguarding the human and civil rights of all.

I now yield to the acting Ranking Member in Mr. Lantos’s absence, Mr. Ackerman.

[The prepared statement of Chairman Hyde follows:]

PREPARED STATEMENT OF THE HONORABLE HENRY J. HYDE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ILLINOIS, AND CHAIRMAN, COMMITTEE ON INTERNATIONAL RELATIONS

H.R. 3994, THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

Thank you for joining me at today’s meeting of the Committee on International

Relations.

Today, the Committee will mark-up several bills, first among them the Afghanistan Freedom Support Act. This legislation was introduced yesterday and is co-sponsored by Ranking Member Mr. Lantos and myself.

This legislation will abet the Administration in developing a strategic approach

to the assistance needs of Afghanistan. By authorizing a significant, four-year, flexible fund for the purpose of dealing with the special situation we find in Afghanistan,

this legislation will give the Administration great flexibility to design and implement a comprehensive assistance strategy in line with U.S. priorities and objectives

in that troubled country. I look forward to today’s debate and am encouraged by the

bipartisan cooperation that has preceded introduction of this bill.

Last week, this Committee held a hearing on Afghanistan and heard testimony

from two witnesses—Administrator Natsios of USAID and Under Secretary Larson

from the State Department—on the current assistance needs and challenges in Afghanistan. At that hearing, I was struck by the immense needs and the desperate

40

situation facing the Afghan people even after their liberation from the rule of the

Taliban. I was also struck by the variety of agencies involved, necessarily so, in securing a peaceful future for Afghanistan. As I said last Wednesday, it is not an overstatement to say that the work we accomplish over the next two or three years in

Afghanistan will have a direct impact on U.S. national security. And how the Administration is organized to provide this assistance is a matter of concern to this

Committee.

The U.S. Agency for International Development (USAID) has been on the front

lines, supporting the work of non-governmental organizations in delivering life-saving aid to remote villages affected not only by drought, but also by more than two

decades of conflict. USAID is also equipping Afghanistan’s classrooms and training

its teachers; supporting the health system; exploring opportunities to rehabilitate

the agricultural sector; and supporting the Interim Authority, by providing technical

assistance for the Loya Jirga.

The United Nations, supported strongly by the food donations and cash funding

of the United States, continues to eradicate poppies and otherwise fight the trade

in illicit drugs, feed hungry people, vaccinate Afghan children, assist the Interim

Authority, and provide protection to refugees and internally displaced persons in Afghanistan and neighboring countries.

The Department of State also has an important role in ensuring overall coordination of U.S. assistance plans with U.S. policy. Beyond its policy coordination and diplomacy role, several bureaus in the State Department administer their own assistance programs or mandates for Afghanistan. Among these is the Bureau for Refugees, Population and Migration which is responsible for refugee protection, assistance and resettlement. The Bureau for Political-Military Affairs is responsible for

administering part of the United States’ mine action program, specifically assistance

to provide equipment and technical training to civilian demining teams. The Bureau

of International Narcotics and Law Enforcement is in charge of U.S. counternarcotics efforts in the region and around the world. The Bureau of Democracy,

Human Rights and Labor is also expected to advance U.S. goals in Afghanistan by

funding programs that promote the respect for human rights and the development

of democratic institutions.

The Defense Department continues its assistance activities inside Afghanistan,

through the use of Civil Affairs teams who are working side-by-side with Afghan

officials at the village-level to improve infrastructure by rebuilding roads, runways

and schools. Earlier in the campaign, the Defense Department joined in on the relief

mission by air-dropping food rations to needy populations otherwise inaccessible by

relief agencies and the United Nations.

In a recent announcement during the visit of Afghan Interim Authority Chair

Hamid Karzai, Cabinet officials of the Bush Administration announced additional

assistance activities to be administered by their respective departments: the Department of Labor, the Department of Health and Human Services, and the Department

of Education. We understand that the Peace Corps, the Overseas Private Investment Corporation, the Trade Development Agency, and the Export-Import Bank of

the United States each see a role for themselves in Afghanistan. Furthermore, the

Centers for Disease Control and Prevention, the U.S. Department of Agriculture,

and the Treasury Department each have their own roles and programs in Afghanistan, either in the field or here in Washington through the ‘‘interagency process.’’

The purpose of today’s meeting is to mark up legislation that will help the Administration manage the intricacies of U.S. assistance for Afghanistan in the months

and years ahead. The United States has an essential role to play in Afghanistan’s

recovery from its darkest period. But the Administration needs a coherent strategy

and structure in place necessary to achieving United States objectives of eliminating

terrorism, securing the peace, combating drugs, promoting democracy, delivering aid

to those in need, and safeguarding the human and civil rights of all.

Mr. ACKERMAN. Thank you very much, Mr. Chairman. I want to

thank you and your staff for the tremendous and successful effort

to craft a bipartisan bill supporting rehabilitation and reconstruction assistance in Afghanistan. As I noted in my statement last

week, it is important for the Congress to speak loudly and clearly

regarding our long-term commitment to Afghanistan, and I think

the compromise bill before us today does just that. As has been

noted, the bill provides over a billion dollars for humanitarian relief, refugee assistance, rehabilitation, and reconstruction in Afghanistan. This assistance is linked to adherence to the Bonn procVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00044 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
41

ess and to the progress on eradicating poppy, but in neither case

is the aid so closely linked that it deprives the President of the

flexibility necessary to pursue U.S. objectives in Afghanistan.

Throughout the bill the importance of the role of women is emphasized, from the structure of the future government to health

care and education programs specifically for women and girls. In

addition, the assistance has a particular focus on the agricultural

economy in Afghanistan. I think this is especially important, given

that the vast majority of Afghans live in rural areas and depend

on agriculture for their livelihoods. The emphasis also dovetails

nicely with our efforts to eradicate poppy by giving farmers a viable

alternative to the narcotics trade.

The military assistance in the bill is appropriately limited to establishing peace and security in Afghanistan and to training an

army and police force. In this regard, Mr. Chairman, I must express my disappointment with the news reports this morning that

the U.N. will extend but not expand the multinational force currently in Afghanistan. As I mentioned last week, there is an immediate, short-term need for security in Afghanistan, and with all due

respect to Secretary Rumsfeld, simply saying there is not a problem

does not make it go away.

Mr. Chairman, the bill is an excellent example of what can be

accomplished through bipartisan efforts, and I want to commend

you for your leadership and again thank you for working closely

with us, and I urge my colleagues to support the bill.

At this time, Mr. Chairman, I would like to ask unanimous consent that the poignant words of Mr. Lantos be inserted in the

record.

[The information referred to follows:]

PREPARED STATEMENTS OF THE HONORABLE TOM LANTOS, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA

H.R. 3656

Mr. Chairman, this is a very straightforward measure to provide the European

Central Bank (ECB) the same immunity from judicial process that we routinely provide to foreign central banks under the Foreign Services Immunities Act (FSIA).

The legislation has the strong support of the State Department, the Treasury Department, the Justice Department and the Federal Reserve.

The ECB was established in June of 1998 in accordance with the Treaty establishing the European Union (EU). The ECB is an independent legal entity owned

by the central banks of the EU member states. Like any central bank, its role is

to define and implement the monetary policy of the EU and to maintain price stability. It also conducts foreign exchange operations and holds the official foreign reserves of the EU states.

Given the nature of the ECB it makes sense to extend to it the same legal treatment we routinely provide to other foreign central banks.

Unfortunately, since the ECB is a new type of central bank, it does not fit the

definition of a foreign central bank under the Foreign Sovereign Immunities Act

(FSIA), and is therefore not granted the Immunities provided by that act.

The ECB is likewise excluded from the judicial process immunities normally provided to international organizations by the International Organizations Immunities

Act (IOIA), because the IOIA only extends its immunities to international organizations of which the United States is a member.

Therefore, HR 3656 amends the IOIA to include its provisions to the European

Central Bank ‘‘in the same manner, to the same extent, and subject to the same

conditions, as they may be extended to a public international organization in which

the United States participates...’’

42

This extension of the IOIA will simply provide the ECB with the same immunity

we routinely grant to foreign central banks. I urge my colleagues to support its passage.

H. CON. RES. 290

Mr. Chairman, it has been said that ‘‘women hold up half the sky.’’ When it comes

to world peace, I believe that women are holding up more than half the sky. In war

ravaged countries around the world, women are struggling to feed and clothe their

families while warring factions destroy the economic and political institutions of

their country.

From 1989 to the present, the world has experienced at least 70 civil wars and

innumerable violent clashes that claim lives, destroy villages, and destabilize governments.

Women not only carry the burden of care during wartimes, but they also are more

likely to be the victims of war, along with their children.

Women also stand up for peace. In Ireland, Sierra Leone, Kosova, Afghanistan,

and other countries where civil conflict has dominated public life, women have

formed underground movements, often neighborhood to neighborhood, to promote

peace.

In 1999, African women from the entire continent met in Zanzibar to begin promoting throughout war-torn Africa a new movement that calls for building what

they call ‘‘a culture of peace.’’

Mr. Chairman, this resolution asks women throughout the world to join together

this year for one week before Mother’s Day to speak up for world peace. This resolution asks women in hamlets, villages, cities, homes, and neighborhoods throughout

the world to speak with one voice—to unite men, women and children for peace.

Mr. Chairman, I cannot think of a more noble cause to lend our support. Not only

must women’s voices continue be build peace at the local level and through nongovernmental and unofficial venues, we must support bringing women’s voices into

the midst of civil conflicts, peace negotiations, and peace settlements to guarantee

long-lasting peace.

I urge my colleagues to support H Con Res. 290.

H.R. 3994, AFGHANISTAN FREEDOM SUPPORT ACT OF 2002

Mr. Chairman, I would like to thank you for your leadership in putting forward

legislation to help Afghanistan get back on its feet and for the extraordinary spirit

of cooperation that you and your staff have demonstrated in crafting a compromise

bill that addresses the concerns and priorities on both sides of the aisle.

Mr. Chairman, as we move on to the next steps in the war on terrorism, it is critical that we finish the job we have begun in Afghanistan.

You and I both agree that the United States made a grave mistake when we

walked away from Afghanistan after helping the Afghans repel the Soviet invasion.

This time, we will not walk away. I believe this Congress and this Administration

are unified in our commitment to help bring peace and stability to Afghanistan and

end the use of that long-suffering nation as a base for narcotics and terrorism.

It is for this reason that I am pleased to join you today in introducing the Afghanistan Freedom Support Act of 2002.

This legislation takes the best ideas from H.R. 3427, the Afghanistan Freedom

and Reconstruction which I introduced along with Gary Ackerman and 15 other

members of this committee, and combines them with the priorities outlined in your

original legislation.

The product is a very strong bill that addresses the key concerns and priorities

of this Committee but still allows a great deal of flexibility to the Administration.

I am pleased to note the increased assistance levels in the legislation. A total of

$1.05 billion is authorized over four years—over and above amounts already provided to Afghanistan—for the relief, rehabilitation and reconstruction of Afghanistan.

The bill also emphasizes the development of Afghanistan’s agricultural sector by

promoting land mine removal and the development of water and sanitation systems

in rural areas. Hopefully, this aid will help stem further poppy cultivation.

Mr. Chairman, I also want to thank you for incorporating policy language from

the Lantos/Ackerman legislation linking our assistance to the furtherance of the

Bonn process, which laid the groundwork for democracy and good governance in Afghanistan.

43

The legislation before us today also contains strong language on the provision of

assistance to meet the educational, health and vocational needs of women and the

participation of women in government and civil society.

Finally, the bill underscores the need for security in Afghanistan and provides

military assistance to help stand up an Afghan army and police force and to support

those countries that are participating in a multi-national security force in Afghanistan or assisting in the war effort in Afghanistan.

As the situation evolves, the needs in Afghanistan will change. This legislation

gives the administration the flexibility to adapt our assistance to the changing

needs and priorities.

Mr. Chairman, I hope and believe the Afghanistan Freedom Support Act will help

to ensure that the U.S. stays engaged in Afghanistan’s future, and will play a critical role in Afghanistan’s development as a stable and prosperous nation.

I want to thank you for bringing this bill before the committee in a bi-partisan

fashion and urge my colleagues to give their full support.

Chairman HYDE. Without objection so ordered. I am going to recognize Members for opening statements, but I would plead that

they be succinct and brief because we do have some matters of

business we want to get to. With that, I am pleased to recognize

the Chairman Emeritus, Mr. Gilman.

Mr. GILMAN. Thank you, Mr. Chairman. I will abide by your admonition, and I want to thank you for holding this important

markup of the Afghanistan Freedom Support Act. Afghanistan and

the Afghan people are at a critical crossroads in their survival. Afghanistan has been torn apart by drought, fighting, and regional

disputes. This has caused a humanitarian crisis that has left millions of Afghans with little hope and too much despair. The Afghanistan Freedom Support Act before us attempts to help Afghans

help themselves. This bill authorizes $1.05 billion over 4 years for

a broad range of development, for economic and anti-narcotics and

security assistance for Afghanistan that will assist the Administration in its efforts to try to build a better future for the Afghan people.

Mr. Chairman, the former King of Afghanistan, Zahir Shah, will

within a few days be returning to Afghanistan to try to bring together a Loya Jirga, a grand assembly. The Afghanistan Freedom

Support Act will help the former King, Chairman Karzai, Dr.

Abdullah, and other representatives of the Afghan community to

start this long-needed process of renewal. By helping them to bring

out the best in Afghanistan, we will be helping ourselves and the

rest of the world. Accordingly, I urge my colleagues to fully support

this bill, and I thank you for yielding.

Chairman HYDE. I thank you. I am looking for a Democrat. I

want to go this way and that way in an excess of fairness. Ms.

Watson is seeking recognition.

Ms. WATSON. Thank you, Mr. Chairman. While I generally support the concept of the Afghan Freedom Support Act, I also want

to note that the Administration has pledged almost $300 million in

assistance for Afghanistan for Fiscal Year 2002. The President’s

current budget, however, does not include specific funding for Afghanistan in a number of major aid programs, including development assistance, economic support funding, foreign military financing, and international military education and training. Instead, we

have been told that the levels are left to be determined. I would

suggest that the credibility of this bill would be significantly enhanced if the Administration presents a funding request for Afghanistan to this Committee. The vehicle of funding that the AdVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00047 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
44

ministration intends to use, either as supplemental appropriations

or whatever, is important. And I would hope that they would move

on this very quickly. Thank you, Mr. Chairman.

Chairman HYDE. Thank you. I have three requests to make an

opening statement, and we will take them in order. Mr. Bereuter

of Nebraska.

Mr. BEREUTER. Thank you very much, Mr. Chairman. I want to

commend you and Mr. Lantos, Mr. Gilman, your staffs, and undoubtedly other colleagues for this legislation. I am in strong support of it. I have taken a particular interest in rural development

and agricultural development. Your legislation, in fact, is more

comprehensive than the language that I have placed in my own

bill, so I am very much appreciative of that interest and emphasis.

I have three points I would like to bring to attention. The first

two, I hope, can be the basis for some report language to accompany this bill. The first is to recognize the potential role of U.S. cooperatives and credit unions in economic assistance programs for

Afghanistan. The U.S. cooperative development organizations have

a very strong record of economic assistance programs in Muslim

countries to develop decentralized, democratic institutions at a

grassroots level through cooperatives and community-owned organizations.

For over 4 decades the U.S. cooperatives and credit unions have

been providing economic and technical assistance. Overseas, they

are currently carrying out projects in 75 countries, and they have

implemented highly successful projects in Islamic and Arab countries. They are prepared to join the U.S. Congress and the Administration in rebuilding Afghanistan and helping to build coalitions

in Muslim countries to fight global terrorism. I hope that they are

given a major role in this effort of U.S. and international assistance.

The second area I want to mention is a concern over the international institution structure that’s being formed for agriculture

development in Afghanistan. In a USAID-sponsored January meeting in Tashkant, Uzbekistan, to begin initial planning to address

the immediate needs of Afghan farmers for seed, I understand that

the formation of a consortium of stakeholders was discussed. While

it seems that no formal agreement was reached on the structure

of the consortium, the sole leadership and complete control appears

to have been vested in the International Center for Agricultural

Research in Dry Areas (ICARDA) based in Aleypo, Syria.

My concerns are twofold. First, there appears to be no formal

structure to the consortium. Therefore, no mechanism is in place

to build a strategy for short, medium, and long-term action in Afghanistan. Second, there is no real indication that U.S. organizations will have a role in the consortium where their leadership

would be a valuable asset. I believe that placing leadership of U.S.

efforts to rebuild Afghanistan’s agricultural sector in a Syrianbased, international organization overlooks the immense domestic

capacity for leadership on this issue, as well as the overwhelming

expertise of U.S. organizations and universities.

And third, Mr. Chairman, on a more parochial note but, I think,

important, tomorrow in Afghanistan—in fact, a few hours real

time—is a very important day in Afghanistan. It is a traditional

45

day when schools start in Afghanistan. Many children have been

out of school for a long time, and, in fact, certain girls have never

been to school in Afghanistan.

I am proud to say that with the assistance of USAID the University of Nebraska at Omaha, which has been a center for Afghan

studies for over 20 years, has had in place, with private financing

and their university financing, a printing capacity in Pakistan with

all of the plates for school books. They have been adapted now in

light of taking out language from the Taliban required language in

school textbooks, but to the extent that the money has been made

available, school books and classroom kits will be in the maximum

number of Afghan schools tomorrow, with a heroic effort being conducted by people at USAID and University of Nebraska, Omaha.

We need to look at this further and extend those resources so all

of those children can get back to their classrooms. Thank you, Mr.

Chairman.

Chairman HYDE. Mr. Menendez.

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, after

the tragedy, abuse, and repression under the illegitimate Taliban

regime, after the years of Soviet invasion, after the years of sustained domestic conflict thereafter—which for many Afghan citizens sadly defines their way of life—and after the years and years

of life in refugee camps, today there is a glimmer of hope for the

people of Afghanistan. When we vote on this assistance that the

people of the United States will provide to the people of Afghanistan, we begin the long and arduous process of having the opportunity for Afghans to return to normality so that refugees may

leave their camps and return to their villages, so that women can

live their lives with dignity and not humiliation, so that all of the

people of Afghanistan may have an opportunity to live their lives

in peace, free of the scourge of Osama bin Laden and his mercenaries.

Last week, people the world over learned that Sharbot Gula, the

teenage refugee girl whose 1985 photo on the cover of National Geographic captivated the world’s attention, is now living a normal

life with her family and three daughters in Afghanistan. In a way,

that is what this hearing is about. It is about helping the people

of Afghanistan get back to normal. But let us be clear, the assistance that we will approve for the people of Afghanistan is not motivated simply by philanthropy. While its motivation may include the

humanitarian concerns of the American people, this assistance is

intended to promote the best interests of the United States and, in

this particular instance, seeks to bolster the war on terrorism. It

is important that we keep that in mind today and that those who

are so deeply skeptical about the value of foreign assistance keep

that in mind as the President participates in the International

Conference on Financing for Development in Monterey, Mexico.

While we must fight terrorism on the battlefield, we must also

fight it in the streets. We must combat poverty, despair, and hopelessness. Too often these conditions provide terrorists the willing,

young recruits that fight side by side with the bin Ladens of the

world. It is often easy to find fault with our international assistance efforts. I myself have sometimes been critical of the inefficiencies of delivering aid to the people who need it. What is more difVerDate 11-MAY-2000 15:22 Apr 23, 2002 Jkt 078321 PO 00000 Frm 00049 Fmt 6633 Sfmt 6601 F:\WORK\FULL\M032002\78321 HINTREL1 PsN: HINTREL1
46

ficult, however, is designing and delivering assistance that makes

a critical difference in people’s lives, and that’s what we are trying

to do here today.

So I urge all of my colleagues to support the bill. This is not simply philanthropy. It is a humanitarian, forthright pursuit of our national interests, and I look forward to moving the bill, Mr. Chairman, and supporting it on the floor.

Chairman HYDE. Thank you, Mr. Menendez. Mr. Rohrabacher.

Mr. ROHRABACHER. Thank you very much. As you know, I have

had a very special interest in Afghanistan over the years, and actually I have been chosen by the speaker to lead a delegation right

after Easter to Afghanistan. I will be taking a copy of this legislation and will be discussing it with Mr. Karzai and with King Zahir

Shah and coming back and reporting to this Committee what their

reaction is to this legislation.

Today, of course, we are putting everyone who works for the

United States government on notice that we are expecting them to

be proactive in their involvement and in their efforts to see that

our policy in Afghanistan succeeds. Our policy is the rebuilding of

Afghanistan and the paying of a moral debt to the people of Afghanistan that is long overdue. We are also putting the world on

notice that we will not just use our military to obtain our objectives, and there is nothing wrong with using our military to obtain

military objectives, but we are also committed to helping the people

of Afghanistan with our resources and our talents to help them live

better lives. We can help them to build a decent country so that

their people can live in peace, and they can live in prosperity and

have decent lives for the first time in two decades.

By the way, I might add that Gaddi Vasquez, the Director of the

Peace Corps, has already been in Kabul. He slept in the rubble of

the U.S. Embassy on a cot in order to show that the Peace Corps

will be dramatically involved in this effort. We, through this legislation, are saying that everybody who works for these departments

and agencies should take that same kind of initiative. We need in

Afghanistan some concentration, as this legislation does, on democracy building. We also need to make sure that no one ever forgets

the fact that Afghan children are being blown apart every day by

mines that we did not help them clear up after the war with the

Soviets was over. There are millions of land mines that we used

to help defeat the Russians, then we did not come in to help them

clear those mines for the safety of their own families.

Also in this legislation, we talk about crop substitution. Those

things—demining, democracy building, and crop substitution for

the poppies—are the three major agenda items at play today.

Finally, Mr. Chairman, I have an amendment that I will present

that has three things in it. One, it adds $10 million for the Loya

Jirga process, which we have neglected to put into this legislation,

that will help us make sure that the very first steps toward democracy building is a success in Afghanistan. That $10 million will also

be used for building democracy measures in the future, the planning of elections, et cetera. Also my amendment adds land mines

to various sections of the bill, the clearing of these land mines as

a priority item. I will be presenting that amendment later on.

47

I thank you, Mr. Chairman, for your leadership, and I would just

remind my colleagues that this is our job. We have our troops over

there doing their job now. They are risking their lives to make this

a better world and to make our country more secure. Today we

have to do our part, and we have to continue to do our part, to

make sure that America shows its better side in our generosity and

to repay a moral debt to the people of Afghanistan. Thank you very

much.

Chairman HYDE. The Chair will entertain two more opening

statements and then get to the amendatory phase. We have enough

Members here and that is sometimes a fragile situation. I do not

want to lose them so we can move the legislation. Mr. Royce.

Mr. ROYCE. Thank you very much, Mr. Chairman. Today, March

20th, is not only the first day of spring, but it is also the Afghan

new year, and across Southern California Afghan-Americans are

celebrating the liberation of the country from the Taliban. Mr.

Rohrabacher and myself have been to a number of these celebrations. And at these celebrations the buzz in the crowd is about

going back home to help in the rebuilding of the country.

Chairman Karzai has been traveling around the country and

around the world to build support for his interim government, and

at the same time his message is one to the Afghan diaspora, please

return home to help. This January, he was out at Georgetown University to address a group of Afghan-Americans, and, again, his

message was very, very specific and clear on this.

I had a chance a few weeks ago to travel to Kabul and to

Bagram, Afghanistan, and help from Afghans here is sorely needed.

In Southern California, as you know, Mr. Chairman, we have a

very large Afghan-American population. They are engineers. They

are bankers. They are businessmen. They want to go back home to

rebuild, and I would like to see the U.S. Government take advantage of those who possess these communication and technical skills.

They are willing to pick up and make great sacrifices for their

homeland, but they need a little support to do that.

This is an issue I raised at the hearing last week. I want to commend you, Chairman, and I want to commend the Ranking Member for including in this bill language that I authored that will

make it easier for Afghan-Americans to return and be constructive

to that rebuilding effort. Mr. Chairman, again, I want to thank you

for incorporating this language into this important legislation that

you, the Ranking Member, and Chairman Gilman have advanced,

and it should help as Afghanistan begins this rebuilding process.

Chairman HYDE. Thank you, Mr. Royce. Dr. Paul of Texas.

Mr. PAUL. Thank you, Mr. Chairman. I have just a very brief

statement, but I do have a question for the Chairman. I wish I

could join in the high hopes that are being expressed here today.

I remain skeptical. I do not think the results will be quite what is

hoped for. I do not see this as a productive use of the taxpayers’

money, and I do not see a lot of good coming of this. A lot of good

intentions, but I am really very skeptical of much coming from this.

First, social engineering and nation building are not part of our

responsibility, and there is a lot of that in here. But the question

I have is, I understand that the Administration has considered this

legislation unnecessary and not all that helpful, I was wondering

48

if the Chairman could clarify that position on whether or not this

is the bill that the Administration would like?

Chairman HYDE. Yes. We are having an ongoing dialogue with

the Administration and the State Department. We are discussing

every aspect of this legislation. They have some positions that are

not our positions. We have some that are not theirs. But in the finest tradition of democracy, we are going to continue talking, and

we hope to persuade them to the wisdom of our position.

Mr. PAUL. I see the gentleman from Arizona would like to make

a statement, but I figure we have run out of time unless I could

yield to the gentleman. I will be glad to yield to Mr. Flake.

Mr. FLAKE. I thank the gentleman for yielding. I just wanted to

express some of the same concerns, particularly about the Administration’s position. I think we may be a little ahead here. They have

stated in their statement that the situation is very fluid there. I

think the Administration is probably the best judge of that. They

are in there a lot more than we are, and my concern is that we

are moving out ahead of the Administration on this.

Mr. PAUL. I yield back.

Chairman HYDE. I thank both of you for your critiques. They will

be fully considered. We are trying to provide the Administration

with the tools and flexibility we think they need to administer assistance to the people of Afghanistan. As I say, I am optimistic that

we can persuade them to the wisdom of our position. Are there any

amendments? The gentlelady from California.

Ms. LEE. Thank you, Mr. Chairman. I have an amendment at the

desk.

Chairman HYDE. The clerk will report the amendment. The

gentlelady clerk indicates she does not have the amendment.

Ms. LEE. Excuse me, Mr. Chairman. Let me——

Chairman HYDE. Is Mr. Delahunt concealing the amendment?

Mr. DELAHUNT. I refuse to answer that question.

Chairman HYDE. Do we have a copy of the amendment?

Ms. LEE. Yes.

Chairman HYDE. Here they come. If the gentlelady will temporarily withdraw her amendment, we will go to another, and then

we will come back to you. All right? Mr. Rohrabacher.

Mr. ROHRABACHER. Mr. Chairman, I have an amendment at the

desk.

Chairman HYDE. The clerk will report the amendment.

Ms. RUSH. An amendment offered by Mr. Rohrabacher. Section

102, page six, line nine, after ‘‘create jobs’’ add ‘‘facilitate clearance

of land mines.’’ In section 104, page eight, line 22, after [D], add

[E], clearance of land mines. In section 104——

[The amendment follows:]

49

50

Chairman HYDE. Without objection, further reading of the

amendment is dispensed with. The gentleman is recognized for 5

minutes in support of his amendment.

Mr. ROHRABACHER. Thank you very much, Mr. Chairman. As I

stated in my opening statement, my amendment is to make sure

that the clearing of land mines is one of our priorities. I believe the

three priorities we have to have to succeed in Afghanistan are:

Number one, democracy building; number two, clearing of land

mines; and number three, crop substitution. Whereas crop substitution and the drug issue are very adequately dealt with in the legislation, I felt that the clearing of land mines was not, so my

amendment would take care of that.

Also, my amendment would add $10 million to help those people

establish and move forward with the Loya Jirga because there has

not been a specific subsidy for that all-important meeting that’s

going to be taking place to lay the foundation for future elections.

So the amendment adds $10 million for the Loya Jirga and for the

planning of future elections. This is actually the first step in helping them establish some type of a democratic process.

Chairman HYDE. We believe the gentleman is making a worthwhile addition to the legislation and are disposed to accept it. Is

there any further discussion?

Mr. DELAHUNT. Mr. Chairman.

Chairman HYDE. Who is seeking recognition? Mr. Delahunt. I am

sorry. I did not recognize your voice.

Mr. DELAHUNT. I wanted to disclose that I did not have the

gentlelady’s amendment, but on this particular amendment I wanted to direct a question to Mr. Rohrabacher. First of all, I applaud

him for the amendment. I think it is very apropos. I support it enthusiastically. And I want to commend him for being a leader on

this issue. He was a prophet in his own time, speaking of the

Taliban when no one would listen to him. So I have great respect

for his insight and his knowledge of the realities of Afghanistan,

and I want to say that publicly.

At the same time, I do not know where he comes up with the figure, $10 million, but even beyond that, I would ask him whether

he believes the amount that is authorized over 4 years, the $1.05

billion in the legislation, is adequate and sufficient enough to meet

our, as he describes it, ‘‘moral obligation’’ to the people of Afghanistan, and I yield to the gentleman.

Mr. ROHRABACHER. I believe that money is well spent and that

it does meet our moral obligation. I would prefer to see certain

areas beefed up and other areas perhaps not as well financed. It

is certainly a first good step, and it is a symbol to the people of

the world that the United States means business. However, I

would have to say that we as a body should be paying close attention, and if it appears that, for example, our other allies who have

pledged other billions of dollars are not stepping forward, it behooves us to step forward to put pressure on them to do their part.

If they do not, then we will do even more. However, as it stands

now, if the other countries come through with the money that they

have pledged, I think that that would be enough to help put Afghanistan on the right track.

51

Mr. DELAHUNT. Reclaiming my time, I respect the gentleman’s

opinion, and I will accept that. We have listened to promises from

other nations elsewhere. I think of the example of Colombia in

terms of social and economic development funds that were promised that have never been delivered,—— Mr. ROHRABACHER. That’s correct.

Mr. DELAHUNT [continuing]. And I am concerned about Afghanistan. I do not think we can do this on the cheap. I think we have

got to do it right because a halfhearted attempt here could be disastrous for the people of Afghanistan.

Mr. ROHRABACHER. This will be a message to the whole Islamic

world. We have helped these people free themselves from the tyranny of the Taliban, and we used our military force to do so. We

are telling the rest of the Islamic world, for example, in Iraq, if

they free themselves from that tyranny, that we will not just turn

our backs on them. We are going to not only use our military

might, but use our economic might and our democratic know-how

to work with people in the world who want a better life. Again, I

think we have to assume that those people who have made their

pledges will come through. If they do not, we need to step forward

in a better way, even on our own part.

Mr. DELAHUNT. Well, again, I think it is a worthwhile investment. It is an investment that I believe in the long term will save

American lives. I think it was the gentleman from New Jersey, Mr.

Menendez, that said this is an investment in our defense, in our

security. I think we learned on September 11th that foreign policy

has come home, and I think it behooves us to reconsider the funding levels that we do provide in terms of foreign assistance because

in the end it is going to be a lot cheaper.

Mr. ROHRABACHER. If the gentleman would yield just one moment.

Mr. DELAHUNT. I yield.

Mr. ROHRABACHER. I certainly buy the argument that what we

are doing to help Afghanistan is, indeed, a defense of our own

country, but let me just put another analysis on this. As most everyone in here knows, I am one of the only people on this Committee who actually was in Afghanistan during the war against the

Soviets. As I was hiking to a particular battle in 1988, and it was

one of the last major battles in which the Soviet troops were engaged with the mujaheddin, I was part of a very small unit of

mujaheddin, about 15 of us, and as we saw this battle over the

hills, a young, about 17-year-old, Afghan boy ran up to me. He

said, ‘‘I understand you are in politics in the United States,’’ and

he spoke almost perfect English. I said, ‘‘Yes, I am in politics in the

United States.’’ He said, ‘‘Are you a donkey, or are you an elephant?’’ And I will never forget that.

Chairman HYDE. He could tell by looking at you that you were

not a donkey.

Mr. ROHRABACHER. Well, the bottom line was that in the end I

was talking to this young person, and I said, ‘‘What do you want

to do after this war is over?’’ Here was a 17-year-old kid, and he

knew more about our political system than any of our children. In

fact, he probably knew more about our political system by asking

me that question than many Members of this Committee know

52

about Afghanistan. I asked him, ‘‘What do you want to do after the

war?’’ And he said, ‘‘I would like to be an architect because I want

to rebuild my country.’’ That was in 1988, and I do not know if he

even survived that battle or the war because I was only in that battle for a few days, and then I left, and I do not know if that young

man is alive today.

Chairman HYDE. The gentleman’s time has long expired.

Mr. ROHRABACHER. I would suggest there is a moral obligation

to that young person and the people of Afghanistan to help them

rebuild their country and have a decent life. Thank you, Mr. Chairman.

Chairman HYDE. Is there any further discussion? We are prepared to accept the amendment.

Mr. ACKERMAN. Mr. Chairman.

Chairman HYDE. Yes, Mr. Ackerman.

Mr. ACKERMAN. I just want to point out that the money that we

are authorizing here, the over $1 billion, is over and above that

money—I think it is at least $300 million—that has been made

available by the President. And in the interest of the Reduction of

Quibble Act, I think we are prepared to accept the amendment on

our side as well.

Chairman HYDE. Very well. Without objection the amendment is

agreed to. Is Ms. Lee ready with her amendment? Mr. Hoeffel has

an amendment.

Mr. HOEFFEL. Thank you, Mr. Chairman. I have an amendment

at the desk.

Chairman HYDE. The clerk will report the amendment.

Ms. RUSH. An amendment offered by Mr. Hoeffel. In section 101

of the bill add at the end the following: subsection 6—— Chairman HYDE. Without objection, further reading of the

amendment is dispensed with. The gentleman is recognized for 5

minutes in support thereof.

[The amendment follows:]

53

1

H.L.C.

AMENDMENT TO H.R. ll

OFFERED BY MR. HOEFFEL

In section 101 of the bill, add at the end the following:

1 (6) To foster stability and democratization and

2 to effectively eliminate the causes of terrorism, the

3 United States and the international community

4 should also support efforts that advance the develop5 ment of democratic civil authorities and institutions

6 in the broader Central Asia region.

54

Mr. HOEFFEL. Thank you, Mr. Chairman. My compliments to you

and to Ranking Member Lantos for bringing this bill forward; Mr.

Gilman and Mr. Ackerman as well. This $1 billion authorization for

4 years of aid to Afghanistan is the right thing to do. It is about

matching what we have been providing to 12 other countries

through the original Freedom Support Act designed to help the

newly independent states of the former Soviet Union. So we are

proposing a great deal of money compared to the original Freedom

Support Act, which goes to 12 countries. We are proposing a great

deal to one country, Afghanistan, and it surely needs it.

My amendment would add to the declaration of policy section of

the bill a statement urging the United States and the international

community to support similar efforts to develop democratic civil authorities and institutions in the broader Central Asia region. My

amendment is not precise, Mr. Chairman. It does not appropriate

more money. It would not shift away any of the $1 billion already

identified in the bill for any other purpose, but it does ask this

Committee to think bigger, and it asks this Congress to think better. One billion dollars is surely not enough in the long run to help

Afghanistan not just to rebuild, but to redevelop and, in fact, empower its own citizens.

After World War II this country did a magnificent thing called

the Marshall Plan, which was a $13 billion commitment over 4

years to rebuild 14 countries that had been decimated by that war.

In today’s dollars that would equal $100 billion. Now that’s a great

deal of money. With an annual Federal budget topping two trillion,

with other countries of the world and other international institutions prepared to step forward, we could, though, consider a similar

commitment to Central and South Asia and the Middle East if we

want to do. As Mr. Rohrabacher quite properly says, send a good

message to the Islamic world. I am all for that. This bill is a good

start, but it is not enough. If we want to eradicate terrorism, that

fight will extend beyond Afghanistan’s borders. We need allies in

countries where the terrorists continue to hide.

We must look at a regional approach, not a piecemeal approach.

We need to consider not just reconstruction and rebuilding of Afghanistan, but redevelopment and empowerment of the entire Central Asia region. Colin Powell has expressed to this Committee his

interest in this concept. I hope that we will accept this amendment,

which is general and contains no precise appropriation or authorization of money. In accepting this amendment, Mr. Chairman, I

hope we will continue to think big and understand that we have

some very broad obligations. We need a modern-day Marshall Plan.

Let’s call it the Powell Plan or perhaps the Hyde Amendment.

Whatever it is, Mr. Chairman, let us do it, and let us get on with

it. I thank the Chair for his courtesy and cooperation.

Chairman HYDE. I thank the gentleman. The Chair is certainly

prepared to accept the amendment; however, there is further discussion. Mr. Pitts.

Mr. PITTS. Thank you, Mr. Chairman. I wonder if the author of

the amendment would just clarify. When you mention, in the words

of the amendment, ‘‘broader Central Asia region,’’ are you including

South Asia, for instance, Pakistan as well as Afghanistan? Are you

55

including the Caucasuses like Georgia, Armenia, or Azerbaijan?

What do you mean by ‘‘Central Asia’’?

Mr. HOEFFEL. I basically mean the ‘‘stans.’’ I would like to include a much broader grouping of countries, as the gentleman just

indicated, but there are problems of germaneness that limit how

broad I can get. The Caucasuses are already receiving aid from the

existing Freedom Support Act. Afghanistan is not, so this standalone bill is the right thing to do. I do hope the Committee will

think in broader terms, though.

Mr. PITTS. So you want all of the seven ‘‘stans,’’ including South

Asia.

Mr. HOEFFEL. Yes. That is correct.

Mr. PITTS. Thank you, Mr. Chairman.

Chairman HYDE. Is there further discussion?

[No response.]

Chairman HYDE. If not, the amendment is accepted by unanimous consent. Are there further amendments? Ms. Lee is ready.

Ms. LEE. I believe I have an amendment at the desk now.

Ms. RUSH. An amendment offered by Ms. Lee. In section 102 of

the bill, add at the end the following.

[The amendment follows:]

56

1

H.L.C.

AMENDMENT TO H.R. ll

OFFERED BY M. llllllllllllll

In section 102 of the bill, add at the end the following (and make all necessary conforming amendments):

1 (8) to include specific resources to the Ministry

2 for Women’s Affairs of Afghanistan to carry out its

3 responsibilities for legal advocacy, education, voca4 tional training, and women’s health programs.

57

Chairman HYDE. Without objection, further reading of the

amendment is dispensed with, and the gentlelady is recognized for

5 minutes in support of her amendment.

Ms. LEE. Thank you, Mr. Chairman. First, let me just say that

I think this is a good bill. This is a bill that will help the new government of Afghanistan move forward and will ensure the United

States’ help in nation building in terms of the development of that

country. I believe this is an excellent first start. I hope we do ultimately get the money that we need, the funding for all aspects of

this legislation.

This amendment was actually sponsored by and authored by

Congresswoman Juanita Millender-McDonald, the Co-Chair of the

Women’s Caucus, who is not a Member of this Committee, but I am

offering this on her behalf. She has been a leader in ensuring that

the inclusion of Afghan women is prominent in the rebuilding of

their country. Under the interim administration, the Ministry for

Women’s Affairs will play an important and critical role in helping

to secure peace and the democratic processes which we and the entire world want to see take place in Afghanistan. So what this

amendment does is to include in the bill a provision to ensure that

specific resources will be provided for the Ministry of Women’s Affairs in Afghanistan to carry out their responsibilities for legal advocacy, education, vocational training, and women’s health programs.

As girls begin school this week, I believe that this would be a fitting action to fulfill the United States’ commitment to the restoration of the rights of Afghan women and girls. We are pleased that

we have bipartisan agreement on this amendment, Mr. Chairman.

I thank you for it, and once again, on behalf of Congresswoman

Millender-McDonald from California, she has asked me to thank

the Committee for supporting the amendment. This is truly an important part of this bill in ensuring that women play a prominent

role in the building of a new nation.

Chairman HYDE. Thank you. Is there further discussion?

[No response.]

Chairman HYDE. If not, the Chair is prepared to accept the

amendment by unanimous consent, and it is so adopted.

Ms. LEE. Thank you, Mr. Chairman.

Chairman HYDE. Are there further amendments?

[No response.]

Chairman HYDE. If not, the question occurs on the motion to report the bill, H.R. 3994, favorably as amended. All in favor, say

aye.

[A chorus of ayes.]

Chairman HYDE. Opposed nay.

[No response.]

Chairman HYDE. The ayes have it, and the motion to report favorably is adopted, a quorum being present. Without objection, the

Chairman is authorized to move to go to conference pursuant to

House Rule 22. Without objection, the staff is directed to make any

technical and conforming changes. Without objection, the bill will

be reported favorably to the House in the form of a single amendment in the nature of a substitute incorporating the amendments

adopted here today. The Committee stands adjourned.

58

[Whereupon, at 11:40 a.m., the Committee was adjourned.]

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