I
107TH CONGRESS
1ST SESSION
H. R. 3088
To contribute to the defense of the United States against future terrorist
attack by providing for the removal from power of the Taliban regime
in Afghanistan.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2001
Mr. GILMAN (for himself, Mr. ACKERMAN, Mr. ROYCE, Mr. MENENDEZ, Mr.
ROHRABACHER, Mrs. MALONEY of New York, Mr. SMITH of New Jersey,
Ms. KAPTUR, Mr. SAM JOHNSON of Texas, Mr. DUNCAN, Mr. JONES of
North Carolina, Mr. HAYWORTH, Mr. GUTKNECHT, and Mr. SAWYER) in-
troduced the following bill; which was referred to the Committee on Inter-
national Relations
A BILL
To contribute to the defense of the United States against
future terrorist attack by providing for the removal from
power of the Taliban regime in Afghanistan.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Afghanistan Freedom
Act of 2001’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The rise to power of the Taliban in Afghan-
istan has caused a drastic decline in the human, po-
litical, and civil rights of the Afghan people, particu-
larly among women, girls, and ethnic minorities.
(2) In the year 2001, millions of Afghans are
on the verge of starvation, the largest such group in
the world.
(3) The United States is the single largest
donor of humanitarian assistance to Afghanistan, to-
taling more than $185,000,000 in fiscal year 2001.
(4) There are approximately 2,000,000 Afghan
refugees in Pakistan, 1,500,000 Afghan refugees in
Iran, and 1,000,000 internally displaced persons in
Afghanistan, most fleeing oppression, violence, and
economic hardship.
(5) During the period of Taliban rule, Afghani-
stan has become the world’s largest source of illegal
opium, and proceeds from the sale of raw opium to
drug traffickers are used by the Taliban to finance
its war on the Afghan people.
(6) Under Taliban rule, Afghanistan has be-
come a training ground, operational base, and safe
haven for terrorists and international terrorist orga-
nizations, many of whom gain experience fighting
(10) As a result of the Taliban’s failure to com-
ply with the demands of the United States and the
United Nations Security Council, Osama bin Laden
and his al Qaeda network were able to orchestrate
from Afghanistan the September 11, 2001, terrorist
attack on the United States in which approximately
6,000 Americans and foreign nationals were mur-
dered.
(11) The Taliban have, since the September
11th attack on the United States, rejected all en-
treaties by the United States and other governments
to surrender Osama bin Laden, close down inter-
national terrorist operations in Afghanistan, and
comply with the other demands that have been made
by the United Nations Security Council.
(12) Afghanistan is an ethnically diverse nation
that can prosper only under a representative govern-
ment that affords all citizens of that nation their
basic human rights, restores peace and security,
eradicates the drug trade, and brings all terrorists
and terrorist organizations in Afghanistan to justice.
SEC. 3. UNITED STATES POLICY TOWARD AFGHANISTAN.
It shall be the policy of the United States to promote
the removal from power of the Taliban regime in Afghani-
stan so as to diminish the risk of future terrorist attack
on the United States and restore basic human freedoms
to the people of Afghanistan.
SEC. 4. MILITARY ASSISTANCE TO AFGHAN RESISTANCE
ORGANIZATIONS.
(a) AUTHORITY TO PROVIDE MILITARY ASSIST-
ANCE.—
(1) TYPES OF ASSISTANCE.—The President is
authorized to direct the drawdown of defense articles
from the stocks of the Department of Defense, de-
fense services of the Department of Defense, and
military education and training for eligible Afghan
resistance organizations.
(2) AMOUNT OF ASSISTANCE.—The aggregate
value (as defined in section 644(m) of the Foreign
Assistance Act of 1961) of assistance provided under
paragraph (1) may not exceed $300,000,000.
(b) ELIGIBLE
AFGHAN
RESISTANCE
ORGANIZA-
TIONS.—An Afghan resistance organization shall be eligi-
ble to receive assistance under subsection (a) if the Presi-
dent determines and reports to the appropriate congres-
sional committees that such organization, or coalition of
organizations, is committed to—
(1) the removal from power of the Taliban re-
gime in Afghanistan;
(2) preservation of the territorial integrity and
political independence of Afghanistan;
(3) 
respect 
for 
internationally 
recognized
human rights; and
(4) the suppression of terrorism in all of its
forms and the surrender to justice of all inter-
national terrorists in Afghanistan, including per-
petrators of the September 11, 2001, attack on the
United States.
(c) REIMBURSEMENT FOR ASSISTANCE.—
(1) IN
GENERAL.—Defense articles, defense
services, and military education and training pro-
vided under subsection (a) shall be made available
without reimbursement to the Department of De-
fense except to the extent that funds are appro-
priated pursuant to the authorization of appropria-
tions under paragraph (2).
(2) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There are authorized to
be appropriated to the President for fiscal year
2002 such sums as may be necessary to reim-
burse the applicable appropriation, fund, or ac-
count for the value (as defined in section
644(m) of the Foreign Assistance Act of 1961)
of defense articles, defense services, or military
education and training provided under sub-
section (a).
(B) 
AVAILABILITY.—Amounts 
appro-
priated pursuant to the authorization of appro-
priations under subparagraph (A) are author-
ized to remain available until expended, and are
in addition to amounts otherwise available for
the purposes described in this section.
(d) AUTHORITY TO PROVIDE ASSISTANCE.—Activi-
ties under this section may be undertaken notwithstanding
any other provision of law.
SEC. 5. DISASTER AND HUMANITARIAN ASSISTANCE FOR
THE PEOPLE OF AFGHANISTAN.
(a) DISASTER AND HUMANITARIAN ASSISTANCE.—
Chapter 9 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2292 et seq.) is amended by adding at the end
the following:
‘‘SEC. 495L. AFGHAN RELIEF, REHABILITATION, AND RE-
CONSTRUCTION.
‘‘(a) DECLARATION
OF POLICY.—Congress recog-
nizes that prompt United States assistance is necessary
to alleviate the human suffering of the people of Afghani-
stan from four years of extreme drought and 20 years of
civil war and to restore the confidence of the people in
that country.
‘‘(b) ASSISTANCE.—The President is authorized to
furnish assistance on such terms and conditions as the
President may determine for the relief, rehabilitation and
reconstruction needs of the people of Afghanistan, includ-
ing displaced persons and other needy people. Assistance
provided under this section shall be for humanitarian pur-
poses with emphasis on providing food, medicine and med-
ical care, clothing, temporary shelter, and transportation
for emergency supplies and personnel.
‘‘(c) POLICIES AND AUTHORITIES TO BE APPLIED.—
(1) Assistance under this section shall be provided in ac-
cordance with the policies and general authorities of sec-
tion 491.
‘‘(2) Assistance under this section or any other provi-
sion of law to alleviate the human suffering caused by
famine and disease in Afghanistan shall be provided, to
the maximum extent practicable, through international
agencies, private voluntary organizations, and any eligible
Afghan resistance organization.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the President to carry
out this section $100,000,000 for each of the fiscal years
2002 and 2003. Amounts appropriated pursuant to the
authorization of appropriations under the preceding sen-
tence are in addition to amounts otherwise available for
such purposes and are authorized to remain available until
expended.’’.
(b) OTHER ASSISTANCE FOR AFGHANISTAN.—
(1) ASSISTANCE.—The President is authorized
to provide assistance from funds made available to
carry out chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (relating to the economic support
fund) for the provision of food, medicine, or other
assistance to the Afghan people, notwithstanding
any other provision of law.
(2) AMOUNT OF ASSISTANCE.—In each of fiscal
years 2002 and 2003, not less than $50,000,000 of
the aggregate amount of funds made available to
carry out chapter 4 of part II of the Foreign Assist-
ance Act of 1961 is authorized to be made available
for assistance to the Afghan people pursuant to
paragraph (1).
SEC. 6. ESTABLISHMENT OF RADIO FREE AFGHANISTAN.
(a) ESTABLISHMENT.—The Broadcasting Board of
Governors is authorized to make grants for surrogate
radio broadcasting by RFE/RL, Incorporated (formerly
known as Radio Free Europe/Radio Liberty) to the people
of Afghanistan in languages spoken in Afghanistan, such
broadcasts to be designated ‘‘Radio Free Afghanistan’’.
(b) SUBMISSION OF PLAN TO BROADCASTING BOARD
OF GOVERNORS.—Not later than 15 days after the date
of the enactment of this Act, RFE/RL, Incorporated, shall
submit to the Broadcasting Board of Governors a detailed
plan for the establishment of the surrogate radio broad-
casting described in subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) FISCAL YEARS 2002 AND 2003.—In addition
to such sums as are authorized to be appropriated
for each of the fiscal years 2002 and 2003 for
‘‘International 
Broadcasting 
Operations’’,
$8,000,000 is authorized to be appropriated for the
fiscal year 2002 and $6,000,000 is authorized to be
appropriated for the fiscal year 2003 for ‘‘Inter-
national Broadcasting Operations’’ to be available
only for the surrogate radio broadcasting described
in subsection (a).
(2) TRANSMITTER.—Of the amounts authorized
to be appropriated by paragraph (1) for the fiscal
year 2002, $1,500,000 shall be available only for a
new transmitter for the surrogate radio broadcasting
described in subsection (a).
SEC. 7. COMPLIANCE WITH MEASURES DIRECTED AGAINST
THE TALIBAN BY THE UNITED NATIONS SE-
CURITY COUNCIL.
(a) REPORTS TO CONGRESS.—Not later than one
month after the date of the enactment of this Act, and
every three months thereafter until the President deter-
mines and reports to the appropriate congressional com-
mittees that the Taliban no longer exercises power in any
part of Afghanistan, the President shall submit to the ap-
propriate congressional committees a report that identifies
the government of each foreign country with respect to
which there is credible information that the government
has, on or after the date of the enactment of this Act,
violated, or permitted persons subject to its jurisdiction
to violate, measures directed against the Taliban pursuant
to United Nations Security Council Resolutions 1267
(1999), 1333 (2000), or 1363 (2001), or pursuant to any
other United Nations Security Council resolution adopted
under the authority of Chapter VII of the Charter of the
United Nations.
(b) CONTENT OF REPORTS.—Each report submitted
under subsection (a) shall detail with respect to each gov-
ernment of a foreign country identified in such report the
nature of the violation (other than violations detailed in
previous reports submitted pursuant to this section), and
shall evaluate—
(1) the importance of the violation to the efforts
of the Taliban to remain in power in Afghanistan;
(2) the importance of the violation to the efforts
of terrorist groups to continue operating from Af-
ghanistan; and
(3) the risk posed by such violation to the safe-
ty of the United States Armed Forces and the
armed forces of other countries acting in coalition
with the United States.
(c) AUTHORITY TO IMPOSE UNITED STATES SANC-
TIONS.—The President is authorized to impose one or
more of the United States sanctions provided in subsection
(d) if the President determines and reports to the appro-
priate congressional committees that—
(1) a government of a foreign country identified
in a report submitted under subsection (a) has
knowingly violated, or knowingly permitted persons
subject to its jurisdiction to violate, measures di-
rected against the Taliban pursuant to United Na-
tions Security Council Resolutions 1267 (1999),
1333 (2000), or 1363 (2001), or pursuant to any
other United Nations Security Council resolution
adopted under the authority of Chapter VII of the
Charter of the United Nations; and
(2) such violation has put at risk the lives of
members of the United States Armed Forces, or
other United States citizens.
(d) UNITED STATES SANCTIONS AUTHORIZED TO
BE IMPOSED.—The United States sanctions referred to
in subsection (c) are the following:
(1) No assistance may be provided to that gov-
ernment or nationals under the Foreign Assistance
Act of 1961 or the Arms Export Control Act.
(2) No license may be issued for any transfer
to that government or nationals of any goods, serv-
ices, or technology controlled under the Arms Export
Control Act, the Export Administration Act of 1979,
or the Export Administration Regulations.
(3) The restrictions of subsections (a) and (b)
of section 3 of the Trading With the Enemy Act (50
U.S.C. App. 3(a) and (b)) shall apply to relations
between the United States and the government of a
foreign country and all nationals of that country
with respect to which the President makes a deter-
mination described in subsection (c).
SEC. 8. SUBMISSION OF DETERMINATIONS AND REPORTS
IN CLASSIFIED FORM.
When the President considers it appropriate, deter-
minations and reports to the appropriate congressional
committees submitted under this Act, or appropriate parts
thereof, may be submitted in classified form.
SEC. 9. DEFINITIONS.
In this Act:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) NATIONAL.—The term ‘‘national’’ means,
with respect to a foreign country, a national of the
country, including a natural person, corporation,
business association, partnership, or other entity op-
erating as a business enterprise under the laws of
the country.
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