2000
[DOCID: f:h3427ih.txt]
107th CONGRESS
1st Session
H. R. 3427
To provide assistance for the relief and reconstruction of Afghanistan,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2001
Mr. Lantos (for himself, Ms. Ros-Lehtinen, Mr. Ackerman, Mr. Berman,
Mr. Pitts, Mr. Faleomavaega, Mrs. Jo Ann Davis of Virginia, Mr. Payne,
Mr. Crowley, Mr. Hoeffel, Mrs. Napolitano, Ms. Lee, Mr. Meeks of New
York, Mr. Wexler, Mr. Rohrabacher, and Ms. Millender-McDonald)
introduced the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
To provide assistance for the relief and reconstruction of Afghanistan,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Afghanistan
Freedom and Reconstruction Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. United States policy toward Afghanistan.
Sec. 4. United States broadcasting to the people of Afghanistan.
Sec. 5. Urgent humanitarian assistance for the people of Afghanistan.
Sec. 6. Support for security during transition in Afghanistan.
Sec. 7. Rehabilitation and reconstruction of Afghanistan.
Sec. 8. Afghanistan democracy and human rights initiatives.
Sec. 9. Authorization of funds for United Nations Drug Control Program
(UNDCP) initiatives in Afghanistan.
Sec. 10. United States diplomatic facilities.
Sec. 11. Compliance with measures directed against the Taliban by the
United Nations Security Council.
Sec. 12. Definitions.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The people of Afghanistan have suffered for over 20
years from continual conflict, civil strife, and from
successive repressive regimes supported by foreign governments
resulting in one of the lowest levels of life expectancy, adult
literacy, and high levels of infant and child mortality,
maternal mortality, and malnutrition.
(2) Afghanistan has experienced near total devastation
through two decades of war, resulting in the largest
concentration of land mines and unexploded ordinances and the
destruction of most urban infrastructure, including schools,
hospitals, and powerplants.
(3) As a result, there are approximately 2,000,000 Afghan
refugees in Pakistan, 1,500,000 in Iran, and 1,000,000
internally displaced persons in Afghanistan at risk of disease
and malnutrition, the largest such group in the world.
(4) The Taliban have implemented a brutal and repressive
regime, particularly with respect to the rights of women and
their participation in Afghan society. Under Taliban rule,
women have been denied access to work, healthcare, and have
been prevented from adequately providing for their children.
Women have been segregated from society and virtually
imprisoned in their own homes under the Taliban's manipulation
of Islamic law.
(5) Under Taliban rule, Afghanistan has become a training
ground, operational base, and safe haven for terrorists and
international terrorist organizations as well as the world's
largest source of illegal opium, the proceeds from the sale of
which the Taliban use to finance their war on the Afghan
people.
(6) Since 1996, the Taliban have harbored Osama bin Laden
whom the United Nations has demanded that they surrender in
United Nations Security Council Resolution 1267 (1999). As a
result of their failure to do so, the United Nations Security
Council has imposed progressively more comprehensive sanctions
on the Taliban under Resolutions 1267 (1999), 1333 (2000), and
1363 (2001), which sanctions are binding on all members of the
United Nations under Chapter VII of the Charter of the United
Nations.
(7) The failure of the Taliban to comply with the demands
of the United States and the United Nations Security Council
allowed Osama bin Laden and his al Qaeda network to orchestrate
from Afghanistan the terrorist attacks of September 11, 2001,
on the United States in which thousands of Americans and
foreign nationals were murdered.
(8) After the expulsion or elimination of foreign terrorist
organizations from the territory of Afghanistan and the
cessation of hostilities, the United States bears a
responsibility to help create a stable political, economic, and
social environment in Afghanistan. The most effective and
efficient way to promote stability and prevent a return to
lawlessness and warfare in post-Taliban Afghanistan is support
for a broad-based, multiethnic, gender-sensitive, fully
representative government, civil society organizations, and the
speedy restoration of basic services.
(9)(A) The President of the United States in his radio
address to the Nation on October 6, 2001, urged Congress to
make funds available to the reconstruction and development of
Afghanistan, recognizing that assisting people in this fashion
``is also a central part of the American tradition'', stated
that ``[e]ven as we fight evil regimes we are generous to the
people they oppress'', and further stated that ``[f]ollowing
World War II, America fed and rebuilt Japan and Germany, and
their people became some of our closest friends in the world''.
(B) The President of the United States in his speech before
the United Nations on November 10, 2001, stated that ``[t]he
United States will work closely with the United Nations and the
[multilateral] development banks to reconstruct Afghanistan''.
(10) United Nations Secretary General Kofi Annan in a
speech in Washington, D.C., on November 28, 2001--
(A) declared that ``the solution to the Afghan
crisis ultimately must come from the women and men of
Afghanistan itself'';
(B) reaffirmed the commitment of the international
community to ``ensuring that an end is put to the long
nightmare of women's repression in Afghanistan'' and
urged ``the parties to bring Afghan women into every
stage of the political process''; and
(C) stated that ``in Afghanistan today human rights
means, above all, women's rights''.
(11) As a result of the changing situation in Afghanistan,
the United Nations Security Council adopted Resolution 1378,
calling on member states to support a transitional
administration in Afghanistan, provide urgent humanitarian
assistance to the people of Afghanistan, and furnish long-term
assistance for the social and economic reconstruction and
rehabilitation of Afghanistan.
(12) On December 5, 2001, in Bonn, Germany, representatives
of the Afghan people agreed to a framework for the
reestablishment of a government that is broad-based,
multiethnic, gender-sensitive, and fully representative of the
Afghan people.
(13) In order to best mee
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t its responsibility, the United
States must--
(A) contribute to these objectives both directly
and indirectly;
(B) build a coalition of like-minded countries,
with the strong participation of international
organizations, to achieve this goal; and
(C) establish the principle of noninterference in
the domestic affairs of Afghanistan by neighboring
states and other countries in the region.
(b) Purposes.--The purposes of this Act are--
(1) to promote the removal from power of the Taliban regime
in Afghanistan;
(2) to support a diplomatic framework for the relief,
rehabilitation, and reconstruction of Afghanistan;
(3) to authorize immediate and sustained humanitarian
assistance to avert a humanitarian catastrophe in Afghanistan
and among Afghan refugees in neighboring countries;
(4) to authorize assistance to help achieve a broad-based,
multiethnic, gender-sensitive, fully representative government
freely chosen by the Afghan people that respects the human
rights of all Afghans, particularly women, including
authorizing assistance for the rehabilitation and
reconstruction of Afghanistan with a particular emphasis on
meeting the educational, health, and sustenance needs of women
and children to better enable their full participation in
Afghan society; and
(5) to otherwise promote a secure environment in
Afghanistan that will prevent the resurgence of foreign
terrorist organizations within the territory of Afghanistan.
SEC. 3. UNITED STATES POLICY TOWARD AFGHANISTAN.
(a) United States Policy Toward Taliban Regime.--It should be the
policy of the United States to promote the removal from power of the
Taliban regime in Afghanistan so as to diminish the risk of future
terrorist attacks on the United States and restore basic human freedoms
to the people of Afghanistan.
(b) Diplomatic Framework for the Promotion of a Free and
Independent Afghanistan.--It should be the policy of the United
States--
(1) to support the convening of a traditional Afghan
assembly (commonly referred to as a ``Loya Jirga'') in order to
facilitate Afghanistan's transition from civil war to a broad-
based, multiethnic, gender-sensitive, fully representative
government freely chosen by the Afghan people, help lay the
groundwork for Afghanistan's reconstruction and economic
recovery, and strengthen Afghanistan's security;
(2) to maintain a significant United States commitment to
the relief, rehabilitation, and reconstruction of Afghanistan
as part of a larger regional policy framework, paying
particular attention to the education and health care needs of
the Afghan people, especially the needs of women and children;
(3) to support the objectives agreed to on December 5,
2001, in Bonn, Germany, and work toward ensuring the future
neutrality of Afghanistan, establishing the principle that
neighboring countries and other countries in the region do not
threaten or interfere in one another's sovereignty, territorial
integrity, or political independence, and supporting a
``Friends of Afghanistan'' group to coordinate a sustained
international effort to reconstruct Afghanistan;
(4) to work with the United Nations and the international
community in the disarmament, demobilization, and reintegration
of combatants into Afghan society and in demining the Afghan
countryside as well as programs to rehabilitate and assist mine
victims, war orphans, and widows;
(5) to support bilateral and regional economic agreements
and other measures to foster greater economic opportunity for
the citizens of Afghanistan and the region generally;
(6) to promptly recognize a new broad-based, multiethnic,
gender-sensitive, fully representative government in
Afghanistan; and
(7) in order to ensure near-term security of the people of
Afghanistan, to support the establishment of a multinational
security force in Afghanistan.
SEC. 4. UNITED STATES BROADCASTING TO THE PEOPLE OF AFGHANISTAN.
(a) Broadcasting for RFE/RL and VOA.--
(1) In general.--Until a new surrogate broadcasting
operation for Afghanistan (authorized by subsection (b)) is
established and operational, the Broadcasting Board of
Governors is authorized to increase broadcasting by the Voice
of America to Afghanistan. In addition, the Broadcasting Board
of Governors is authorized to increase Voice of America and
RFE/RL, Incorporated, broadcasts into Central Asia, South Asia,
and the Middle East.
(2) Authorization of appropriations.--In addition to such
sums as are otherwise authorized to be appropriated for each of
the fiscal years 2002 and 2003 for ``International Broadcasting
Operations'', $50,000,000 is authorized to be appropriated for
each of the fiscal years 2002 and 2003 for ``International
Broadcasting Operations'' for increased broadcasts by Voice of
America and RFE/RL, Incorporated, to Afghanistan, Central Asia,
South Asia, and the Middle East.
(3) Use of appropriated funds.--To the extent funds are
available, amounts appropriated by Public Law 107-38 should be
used to carry out the activities authorized by this subsection.
(b) Establishment of Radio Free Afghanistan.--The Broadcasting
Board of Governors is authorized to make grants for surrogate radio
broadcasting by RFE/RL, Incorporated (also 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''.
(c) Submission of Plan to Broadcasting Board of Governors.--Not
later than 15 days after the date of the enactment of this Act, RFE/RL,
Incorporated, shall submit to the Broadcasting Board of Governors a
detailed plan for the establishment of the surrogate radio broadcasting
described in subsection (b).
(d) Authorization of Appropriations.--
(1) International broadcasting operations.--In addition to
such sums as are otherwise authorized to be appropriated for
``International Broadcasting Operations'', there are authorized
to be appropriated for ``International Broadcasting
Operations'' $9,500,000 for the fiscal year 2002 and $8,000,000 for the
fiscal year 2003 for broadcasting to Afghanistan described in
subsection (b).
(2) Broadcasting Capital Improvements.--In addition to such
sums as are otherwise authorized to be appropriated for
``Broadcasting Capital Improvements'', there are authorized to
be appropriated for ``Broadcasting Capital Improvements''
$10,000,000 for the fiscal year 2002 for transmitting
broadcasts into Afghanistan.
(e) Grants to RFE/RL.--The limitation under section 308(c) of the
United States International Broadcasting Act of 1994 shall not apply to
grants authorized by this section.
(f) Repeal of Ban on United States Transmitter in Kuwait.--The
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended--
(1) by striking section 226; and
(2) by striking the item relating to section 226 in the
table of contents.
SEC. 5. URGENT HUMANITARIAN ASSISTANCE FOR THE PEOPLE OF AFGHANISTAN.
(a) Current Humanitarian Efforts.--Congress commends the President
for allocating $320,000,000 in humanitarian assistance to the people of
Afghanistan and strongly urges that the President continue to provide
additional humanit
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arian assistance in 2002 and 2003 in conjunction with
other donors and international organizations.
(b) Equitable Distribution of Relief Assistance.--It should be the
policy of the United States in promoting equitable distribution of
relief and rehabilitation assistance in Afghanistan--
(1) to assure noncombatants (particularly refugees and
displaced persons) equal and ready access to all emergency food
and relief assistance, with special emphasis on the needs of
women and children;
(2) to provide relief, rehabilitation, and recovery
assistance to promote self-reliance; and
(3) to assure that relief is provided on the basis of need
without regard to political affiliation, geographic location,
or the ethnic, tribal or religious identity of the recipient.
(c) Authority To Provide Assistance.--The President is authorized
to furnish assistance in accordance with this section on such other
terms and conditions as the President may determine for the urgent
humanitarian needs of the people of Afghanistan.
(d) Humanitarian Assistance Inside Afghanistan.--Assistance under
this section shall be targeted to meet the urgent humanitarian needs of
the war-affected or drought-affected civilian population inside
Afghanistan and shall include--
(1) emergency food, shelter, and medical assistance;
(2) clean drinking water and sanitation;
(3) preventative health care, including childhood
vaccination, therapeutic feeding, maternal child health
services, and infectious diseases surveillance and treatment;
(4) family tracing and reunification services for families
separated by war; and
(5) basic education and vocational training with an
emphasis on the educational needs of women and children.
(e) Assistance to Afghan Refugees.--Assistance under this section
shall be targeted to meet the needs of Afghan refugees in Pakistan,
Iran, Tajikistan, Uzbekistan, Turkmenistan, and other countries in the
region and shall include--
(1) assistance described in paragraphs (1) through (3) of
subsection (d) for such refugees;
(2) assistance to families sheltering Afghan refugees in
the form of economic stipends, food assistance, and household
implements;
(3) assistance to communities in neighboring countries that
have taken in large numbers of refugees in the form of
rehabilitation or expansion of basic services, access to health
and education facilities for refugees or other assistance aimed
at easing the burden on local populations hosting refugees;
(4) assistance to international organizations and host
governments in maintaining security by screening refugees to
ensure the exclusion of armed combatants, members of foreign
terrorist organizations, and other individuals not eligible for
economic assistance from the United States; and
(5) assistance for voluntary refugee repatriation and
reintegration inside Afghanistan and continued assistance to
those refugees who are unable or unwilling to return.
(f) Food Aid.--Assistance under this section shall be targeted to
meet the immediate, emergency food needs for the Afghan people and
shall include assistance under title II of the Agricultural Trade
Development and Assistance Act of 1954, the Food for Progress Act of
1985, and section 416(b) of the Agricultural Act of 1949, as well as
local procurement of commodities where necessary. Such assistance
should include--
(1) emergency food distribution to displaced, refugee, and
other vulnerable populations affected by war or drought;
(2) school feeding programs to improve child nutrition and
school attendance;
(3) food for work programs to facilitate the rehabilitation
process by improving productivity and decreasing dependency;
(4) emergency monetization programs to increase
commercially available food stocks, decrease and stabilize food
prices, and stimulate local economies; and
(5) food and agricultural production, including the
provision of seeds and tools.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the President--
(1) to carry out the activities described in subsection (d)
for fiscal year 2003 $100,000,000;
(2) to carry out the activities described in subsection (e)
for fiscal year 2003 $50,000,000; and
(3) to carry out the activities described in subsection (f)
for fiscal year 2003 $175,000,000.
(h) Authority To Provide Assistance.--Assistance under this section
may be provided notwithstanding any other provision of law.
SEC. 6. SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that, during
the transition to a broad-based, multiethnic, gender-sensitive, fully
representative government in Afghanistan, the United States should
support, a multinational security force, primarily composed of forces
from moderate Islamic countries that do not border Afghanistan, to
ensure security in the major cities of Afghanistan and, to the extent
feasible, to facilitate the delivery of humanitarian assistance
throughout the country.
(b) Assistance for Multinational Security Force.--
(1) In general.--The President is authorized to provide
assistance for the establishment and expenses of a
multinational security force in Afghanistan.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1) $100,000,000 for
fiscal year 2002 and $50,000,000 for fiscal year 2003.
(c) Support for Civil Administration and Advisers To Help
Reconstitute Afghanistan.--
(1) Statement of policy.--It should be the policy of the
United States to encourage a broad-based, multiethnic, gender-
sensitive, fully representative government in Afghanistan
freely chosen by the Afghan people composed of Afghans,
including Afghans returning from abroad, while, in the
transition, supporting an interim or transitional authority
with the participation, as may be necessary, of civil advisers
from the United Nations or from appropriate countries in an
interim government.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to support
civil advisers to an interim or transitional authority for
Afghanistan that fully represents all major ethnic groups in
Afghanistan.
SEC. 7. REHABILITATION AND RECONSTRUCTION OF AFGHANISTAN.
(a) Targeting Assistance To Aid the Poor Majority.--It is the sense
of Congress that United States development assistance for Afghanistan
should be targeted to aid the poor majority of the people of
Afghanistan (particularly refugees, women, and the urban and rural
poor) to the maximum extent practicable. The United States Government
should seek to--
(1) build upon the capabilities and experiences of United
States, international, and indigenous private and voluntary
organizations active in local grassroots rehabilitation,
reconstruction, and development efforts; and
(2) consult closely with the appropriate Afghan government
and civil society representatives as well as other governments
and international organizations participating in rehabilitation
and reconstruction efforts and significantly incorporate their
views into the policymaking process.
(b) Assistance for Women and Girls.--
(1) Findings.--Congress finds the following:
(A) Taliban restrictions on women's participation
in society in Afgha
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nistan have made it nearly
impossible for women to exercise their basic human
rights. The Taliban restrictions on Afghan women's
freedom of expression, association, and movement deny
women full participation in society and, consequently,
from effectively securing basic access to work,
education, and health care.
(B) As a result of restrictions placed on women by
the Taliban regime, many women have been prevented from
securing basic necessities such as health care and food
for their children contributing to one of the highest
levels of malnutrition and maternal, infant, and child
mortality in the world.
(C) The Taliban regime prohibited girls and women
from attending school further limiting their ability to
provide for themselves and their families.
(2) Sense of congress.--It is the sense of Congress that
all United States assistance for Afghanistan should include a
particular emphasis on meeting the educational, health, and
sustenance needs of women and children, especially girls, to
better enable their full participation in Afghan society.
(c) Authority to Provide Assistance.--The President is authorized
to furnish assistance in accordance with this section on such other
terms and conditions as the President may determine for the
rehabilitation and reconstruction of Afghanistan if--
(1) with respect to assistance for fiscal year 2002, the
President first determines and certifies to the appropriate
congressional committees that a broad-based, multiethnic,
gender-sensitive fully representative interim authority has
been established to govern Afghanistan and that a special
independent commission for the convening of a emergency
traditional Afghan assembly (commonly referred to as a ``Loya
Jirga'' has been appointed;
(2) with respect to assistance for fiscal year 2003, the
President first determines and certifies to the appropriate
congressional committees that a Loya Jirga has been convened
and has decided on a broad-based, multiethnic, gender-
sensitive, fully representative transitional authority for
Afghanistan; and
(3) with respect to assistance for fiscal years 2004 and
2005, the President first determines and certifies to the
appropriate congressional committees with respect to each such
fiscal year that substantial progress has been made toward
adopting a constitution and establishing a democratically
elected government for Afghanistan.
(d) Examples of Programs.--Assistance under this section should
include--
(1) rehabilitation and reconstruction projects to benefit
the poorest people, including--
(A) reconstruction of permanent and semi-permanent
shelters, including provision of building materials;
(B) the furnishing of seeds for planting,
fertilizer, pesticides, farm implements, crop storage
and preservation supplies, farm animals, vaccine and
veterinary services to protect livestock, and repair
and reconstruction of well and irrigation systems;
(C) vocational training and capacity building
programs and food for work programs;
(D) primary health care and emergency water and
power supplies;
(E) disarmament, demobilization, and reintegration
programs for ex-combatants;
(F) demining of the Afghan countryside and
assistance to mine victims, war orphans, and widows;
and
(G) return of talent programs designed to
facilitate recruitment of skilled professionals from
the Afghan diaspora to assist in the reconstruction
efforts in Afghanistan;
(2) other programs to reestablish veterinary services,
local crop research, and agricultural development projects;
(3) programs designed to eliminate the cultivation of poppy
through alternative development of licit crops;
(4) programs to provide basic education, particularly for
girls, including efforts to support the teaching of displaced
children and rebuild schools;
(5) programs to educate young Afghan refugees, particularly
girls, in neighboring countries if conflict within Afghanistan
continues;
(6) assistance to reconstitute and expand the delivery of
primary and maternal health care including the reconstruction
of health clinics and hospitals, the reestablishment of
vaccination campaigns, and the establishment of diseases
surveillance and treatment programs;
(7) programs that combat corruption, improve transparency
and accountability, and otherwise promote good governance; and
(8) assistance to establish credit, micro-enterprise, and
income-generation programs for the poor, with particular
emphasis on women.
(e) Contribution to Multilateral Fund.--
(1) Authority.--In addition to providing assistance under
this section for the rehabilitation and reconstruction of
Afghanistan on a bilateral basis, the President is authorized,
from amounts appropriated pursuant to the authorization of
appropriations under subsection (g), to make a contribution for
any of the fiscal years 2002 through 2005 to a multilateral
fund established for the development of a post-conflict
Afghanistan if the President first makes a determination and
certification under subsection (c) for the fiscal year
involved.
(2) Limitation.--The amount of a contribution under
paragraph (1) for any fiscal year may not exceed 25 percent in
fiscal year 2002 and 50 percent in any subsequent fiscal year
of the amount appropriated pursuant to the authorization of
appropriations under subsection (g) for such fiscal year.
(f) Applicable Administrative Authorities.--Except to the extent
inconsistent with the provisions of this section, the administrative
authorities under chapters 1 and 2 of part III of the Foreign
Assistance Act of 1961 shall apply to the provision of assistance under
this section to the same extent and in the same manner as such
authorities apply to the provision of economic assistance under part I
of such Act.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section for fiscal year
2002, $75,000,000, for fiscal year 2003, $200,000,000, for fiscal year
2004, $300,000,000, and for fiscal year 2005, $300,000,000.
(h) Implementation of Programs.--Of the amount made available to
carry out this section for a fiscal year, not more than 5 percent of
such amount may be used for administrative expenses for the United
States Agency for International Development in connection with such
assistance.
(i) Report Relating to Rehabilitation and Reconstruction.--As part
of the annual submission of the budget of the United States, the
President shall include a description of the activities conducted
pursuant to this section and section 8 in the prior fiscal year, the
progress made in meeting the development objectives for such year, a
description of the United States development objectives for the
rehabilitation and reconstruction of Afghanistan for the fiscal year
involved and the amount of funds necessary to meet such objectives and
the amount of funds to meet such objectives for the subsequent fiscal
year.
(j) Authority To Pr
1ecc
ovide Assistance.--Assistance under this section
may be provided notwithstanding any other provision of law.
SEC. 8. AFGHANISTAN DEMOCRACY AND HUMAN RIGHTS INITIATIVES.
(a) Assistance to Democracy.--The President is authorized and
encouraged to provide assistance under part I of the Foreign Assistance
Act of 1961 (including chapter 4 of part II of the Act) to support the
transition to a multiethnic democratic government in Afghanistan. Such
assistance shall--
(1) focus on building the capacity of Afghans, particularly
women, to participate in the selection of a broad-based,
multiethnic, gender-sensitive, fully representative government
in Afghanistan;
(2) support activities of a transitional administration or
interim government to draft a new constitution, other legal
frameworks, and other initiatives to promote the rule of law
and combat corruption in Afghanistan;
(3) support activities to prepare Afghanistan for
elections, including voter registration, civic education
programs, political party building, and technical electoral
assistance;
(4) support the development of civil society and
independent news media;
(5) promote the participation of women in government and
civil society through education and training;
(6) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to Afghanistan,
including establishing accountability for gross human rights
violations.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section for fiscal year
2002, $10,000,000, for fiscal year 2003, $25,000,000 and for fiscal
year 2004, $25,000,000.
(c) Authority To Provide Assistance.--Assistance under this section
may be provided notwithstanding any other provision of law.
SEC. 9. AUTHORIZATION OF FUNDS FOR UNITED NATIONS DRUG CONTROL PROGRAM
(UNDCP) INITIATIVES IN AFGHANISTAN.
There is authorized to be appropriated to the President not less
than $12,500,000 for fiscal year 2002 and $25,000,000 for each of the
fiscal years 2003 and 2004 for a voluntary contribution of the United
States to the United Nations Drug Control Program (UNDCP) for antidrug
initiatives to reduce or eliminate the trafficking of illicit drugs
from Afghanistan, in particular heroin, including activities relating
to precursor chemical control efforts.
SEC. 10. UNITED STATES DIPLOMATIC FACILITIES.
(a) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated for ``Embassy Security,
Construction and Maintenance'', there are authorized to be appropriated
for ``Embassy Security, Construction and Maintenance'', for the fiscal
year 2003, $65,000,000 to reestablish a United States embassy and
appropriate consular facilities in Afghanistan, including offices for
agencies responsible for carrying out the purposes of this Act that are
located in such facilities.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to be remain available until expended.
SEC. 11. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE TALIBAN BY THE
UNITED NATIONS SECURITY COUNCIL.
(a) Consultation With Congress.--Not later than 1 month after the
date of the enactment of this Act, and every 3 months thereafter until
the President determines and reports to the appropriate congressional
committees that the Taliban no longer exercises power in any part of
Afghanistan, the President shall consult with the appropriate
congressional committees regarding 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) Consultation Requirements.--In consulting with the appropriate
congressional committees under subsection (a), the President shall
detail with respect to each government of a foreign country identified
in such report the nature of the violation (other than violations
detailed in previous reports submitted pursuant to this section), and
shall evaluate--
(1) the importance of the violation to the efforts of the
Taliban to remain in power in Afghanistan;
(2) the importance of the violation to the efforts of
terrorist groups to continue operating from Afghanistan; and
(3) the risk posed by such violation to United States
national interests, including the safety of the United States
Armed Forces, the armed forces of other countries acting in
coalition with the United States, and any multinational
security force deployed in Afghanistan.
(c) Authority To Impose United States Sanctions.--The President is
authorized to impose one or more of the United States sanctions
provided in subsection (d) if the President determines and reports to
the appropriate congressional committees that--
(1) a government of a foreign country identified in a
report submitted under subsection (a) has knowingly violated,
or knowingly permitted persons subject to its jurisdiction to
violate, measures directed against the Taliban pursuant to
United Nations Security Council Resolutions 1267 (1999), 1333
(2000), or 1363 (2001), or pursuant to any other United Nations
Security Council resolution adopted under the authority of
Chapter VII of the Charter of the United Nations; and
(2) such violation has put at risk the lives of members of
the United States Armed Forces, or other United States
citizens.
(d) United States Sanctions Authorized To Be Imposed.--The United
States sanctions referred to in subsection (c) are the following:
(1) No assistance may be provided to that government or
nationals under the Foreign Assistance Act of 1961 or the Arms
Export Control Act.
(2) No license may be issued for any transfer to that
government or nationals of any goods, services, or technology
controlled under the Arms Export Control Act, the Export
Administration Act of 1979, or the Export Administration
Regulations.
(3) The restrictions of subsections (a) and (b) of section
3 of the Trading With the Enemy Act (50 U.S.C. App. 3(a) and
(b)) shall apply to relations between the United States and the
government of a foreign country and all nationals of that
country with respect to which the President makes a
determination described in subsection (c).
SEC. 12. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) National.--The term ``national'' means, with respect to
a foreign country, a national of the country, including a
natural person, corporation, business association, partnership,
or other entity operating as a business enterprise under the
laws of the country.
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