To provide compensation for the families of noncombatants killed in United States military actions in Afghanistan after September 11, 2001.

February 5, 2003

Mr. OWENS introduced the following bill; which was referred to the Committee on International Relations

To provide compensation for the families of noncombatants killed in United States military actions in Afghanistan after September 11, 2001.

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

SECTION 1. FINDINGS.

The Congress makes the following findings:

(1) Property and lives of some innocent persons were destroyed as a result of the military operations in Afghanistan. Since the operations were launched to achieve the destruction of the Al Qaeda terrorist network and the Taliban regime which harbored the terrorists as well as acted in alliance with them, the United States Government has worked strenuously to avoid injury to civilians. Any destruction of civilian lives and property has been accidental as a result of human error or unusual unforeseen circumstances.

(2) Collateral damage is a nearly inevitable part of violent warfare. United States military forces do not deny that there have been such losses in Afghanistan.

(3) In many instances, the victims of such accidents of war can be identified and surviving relatives can be identified. Such casualties are among the people of the Afghanistan nation that the United States Government has pledged to assist in the rebuilding of the country.

(4) More than $300,000,000 in aid has already been distributed to the Afghan Government through traditional channels. It is also understood that additional assistance is promised and planned for Afghanistan.

(5) There is no prohibition against the provision of some portion of additional funds for Afghanistan through direct payments of compensation to innocent war victims. Indeed, although this would be a new and unusual conduit for foreign assistance, it may prove to be more effective than traditional aid distribution vehicles. Dollars directly to the people may achieve a greater impact in the rebuilding of the nation while at the same time reaping great benefits in goodwill.

SEC. 2. COMPENSATION FOR THE FAMILIES OF NONCOMBATANTS KILLED IN UNITED STATES MILITARY ACTIONS IN AFGHANISTAN.

(a) IN GENERAL- Notwithstanding any other provision of law, the Secretary of State, in consultation with the Secretary of Defense and the Attorney General, shall provide for the payment of compensation in the amount of $10,000 to the family of each noncombatant national of Afghanistan who was killed as a direct result of United States military actions in Afghanistan after September 11, 2001.

(b) ADMINISTRATION- The Secretary of State shall--

(1) administer the compensation program established under this Act;

(2) promulgate all procedural and substantive rules for the administration of this Act; and

(3) employ and supervise hearing officers and other administrative personnel to perform the duties of administering this Act.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this Act.

END