Sec. 7042.
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Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith dialogue at the national and local levels, and for programs to prevent crimes against humanity. Of the funds appropriated by this Act, not less than $53,000,000 should be made available for the Trans-Sahara Counterterrorism Partnership program, and not less than $24,000,000 should be made available for the Partnership for Regional East Africa Counterterrorism program.
Of the funds appropriated by this Act under the heading Economic Support Fund , $10,000,000 shall be made available for programs to counter extremism in East Africa, in addition to such sums that may otherwise be made available for such purposes. Notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated by this Act under the heading Global Health Programs for HIV/AIDS activities may be transferred to, and merged with, funds appropriated under the headings Economic Support Fund and Transition Initiatives to respond to unanticipated crises in Africa, except that funds shall not be transferred unless the Secretary of State certifies to the Committees on Appropriations that no individual currently on anti-retroviral therapy supported by such funds shall be negatively impacted by the transfer of such funds: , That the authority of this subsection shall be subject to prior consultation with the Committees on Appropriations.
Provided Funds appropriated by this Act that are available for assistance for Ethiopian military and police forces shall not be made available unless the Secretary of State— certifies to the Committees on Appropriations that the Government of Ethiopia is implementing policies to— protect judicial independence; freedom of expression, association, assembly, and religion; the right of political opposition parties, civil society organizations, and journalists to operate without harassment or interference; and due process of law; and permit access to human rights and humanitarian organizations to the Somali region of Ethiopia; and submits a report to the Committees on Appropriations on the types and amounts of United States training and equipment proposed to be provided to the Ethiopian military and police including steps to ensure that such assistance is not provided to military or police personnel or units that have violated human rights, and steps taken by the Government of Ethiopia to investigate and prosecute members of the Ethiopian military and police who have been credibly alleged to have violated such rights.
The restriction in paragraph
(1)shall not apply to IMET assistance, assistance to Ethiopian military efforts in support of international peacekeeping operations, countering regional terrorism, border security, and for assistance to the Ethiopian Defense Command and Staff College. Funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are available for assistance in the lower Omo and Gambella regions of Ethiopia shall— not be used to support activities that directly or indirectly involve forced evictions; support initiatives of local communities to improve their livelihoods; and be subject to prior consultation with affected populations. The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to oppose financing for any activities that directly or indirectly involve forced evictions in Ethiopia. Funds appropriated under the heading International Military Education and Training
(IMET)in this Act that are made available for assistance for Angola, Cameroon, Chad, Côte d’Ivoire, Guinea, Somalia, and Zimbabwe may be made available only for training related to international peacekeeping operations and expanded IMET: , That the limitation included in this paragraph shall not apply to courses that support training in maritime security. Provided None of the funds appropriated under the heading International Military Education and Training in this Act may be made available for assistance for Equatorial Guinea or the Central African Republic. Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord's Resistance Army
(LRA)consistent with the goals of the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act ( Public Law 111–172 ), including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers. Of the funds appropriated by this Act under the headings Global Health Programs , Complex Crises Fund , and Economic Support Fund , not less than $7,000,000 shall be made available for a pilot program to address health and development challenges in Africa and promote increased economic opportunities with the United States. Of the funds appropriated by this Act under the heading Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $8,000,000 shall be made available for a pilot program to address security challenges in Africa. Funds made available under paragraphs
(1)and
(2)shall be programmed in a manner that leverages a United States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the responsibility of United States Chiefs of Mission in countries in Africa seeking enhanced partnerships with the United States in areas of trade, investment, development, health, and security. Funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Somalia should be used to promote dialogue and reconciliation between the central government and Somali regions, and should be provided in an impartial manner that is based on need and institutional capacity. None of the funds appropriated by this Act may be made available for lethal assistance for Somali security forces. Not later than 90 days after enactment of this Act, and following consultation with the Government of South Africa, the Secretary of State shall submit a transition strategy to the appropriate congressional committees for the President’s Emergency Plan for AIDS Relief in South Africa, including projected trajectories for levels and types of United States assistance. Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. The limitations of paragraphs
(1)and
(2)shall not apply to— humanitarian assistance; assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. Funds appropriated by this Act may be made available for assistance for South Sudan, including to promote stability and reconciliation, prevent and respond to gender-based violence, promote women's leadership, expand educational opportunities especially for girls, strengthen democratic institutions and the rule of law, and enhance the capacity of the Federal Legislative Assembly to conduct oversight over government processes, revenues, and expenditures. Of the funds appropriated by this Act that are available for assistance for the central Government of South Sudan, 15 percent may not be obligated until the Secretary of State reports to the Committees on Appropriations that such government is— implementing policies to support freedom of expression and association, establish democratic institutions including an independent judiciary, parliament, and security forces that are accountable to civilian authority; and investigating and punishing members of security forces who have violated human rights. The Secretary of State shall seek to obtain regular audits of the financial accounts of the Government of South Sudan to ensure transparency and accountability of funds, including revenues from the extraction of oil and gas, and the timely, public disclosure of such audits: , That the Secretary should assist the Government of South Sudan in conducting such audits, and provide technical assistance to enhance the capacity of the National Auditor Chamber to carry out its responsibilities, and shall submit a report not later than 90 days after enactment of this Act to the Committees on Appropriations detailing steps that will be taken by the Government of South Sudan, which are additional to those taken in the previous fiscal year, to improve resource management and ensure transparency and accountability of funds. Provided None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Rwanda unless the Secretary of State certifies to the Committees on Appropriations that the Government of Rwanda is taking steps to cease political, military and/or financial support to armed groups in the Democratic Republic of the Congo (DRC), including M23, that have violated human rights or are involved in the illegal exportation of minerals, wildlife, or other contraband out of the DRC. The restriction in paragraph
(1)shall not apply to assistance to improve border controls to prevent the illegal exportation of minerals, wildlife, and other contraband out of the DRC by such groups, to protect humanitarian relief efforts, or to support the training and deployment of members of the Rwandan military in international peacekeeping operations, or to conduct operations against the Lord's Resistance Army. The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda
(ICTR)and the Special Court for Sierra Leone
(SCSL)to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner. Funds appropriated by this Act may be made available for assistance for the central government of a country in which individuals indicted by the ICTR and the SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with the ICTR and the SCSL, including the apprehension, surrender, and transfer of indictees in a timely manner: , That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of this Act: Provided , That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by the ICTR and the SCSL to bring to justice individuals indicted by such tribunals in a timely manner. Provided further The prohibition in paragraph
(2)may be waived on a country-by-country basis if the President determines that doing so is in the national security interest of the United States: , That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on— Provided the steps being taken to obtain the cooperation of the government in apprehending and surrendering the indictee in question to the court of jurisdiction; a strategy, including a timeline, for bringing the indictee before such court; and the justification for exercising the waiver authority. The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loans or grants to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, and freedom of speech and association. None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State makes the determination required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources.
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- Pub. L. 111-172
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Sec. 7042
Pub. L.Pub. L. 111-172
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