Sec. 7044.
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/bill/113/hr/5013/rh/section-7044·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated under titles I and II of this Act that are available for the construction and renovation of United States Government facilities in Afghanistan may not be made available if the purpose is to accommodate Federal employee positions or to expand aviation facilities or assets above those notified by the Department of State and the United States Agency for International Development (USAID) to the Committees on Appropriations, or contractors in addition to those in place on the date of enactment of this Act:
Provided , That the limitations in this paragraph shall not apply if funds are necessary to protect such facilities or the security, health, and welfare of United States personnel. Of the funds appropriated by this Act under the headings Diplomatic and Consular Programs and Operating Expenses that are made available for operations in Afghanistan, 15 percent shall be withheld from obligation until the Secretary of State, in consultation with the Secretary of Defense and the Administrator of USAID, submits the report to the Committees on Appropriations, in classified form if necessary, on transition and security plans for the Department of State and USAID required under this subsection in the report Accompanying this Act:
Provided , That such report shall be updated every 6 months until September 30, 2016. Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for Afghanistan— shall be prioritized for programs enumerated under this subsection in the report accompanying this Act; may not be used to initiate any new program, project, or activity that— is not enumerated under this section in the report accompanying this Act; would not have adequate oversight, to include site visits; or involves any individual or organization involved in corrupt practices; shall only be made available for programs that the Government of Afghanistan
(GoA)or other Afghan entity is capable of sustaining, as appropriate and as determined by the Chief of Mission; may be made available for reconciliation programs and disarmament, demobilization and reintegration activities for former combatants who have renounced violence against the GoA, in accordance with section 7046(a)(2)(B)(ii) of Public Law 112–74 ; and shall be implemented in accordance with all applicable audit policies of the Department of State and USAID. Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for the central Government of Afghanistan may not be obligated unless the Secretary of State certifies to the Committees on Appropriations that— the GoA— has agreed to a Bilateral Security Agreement with the United States Government; is taking credible steps to protect and advance the rights of women and girls in Afghanistan; and is making credible efforts to reduce corruption and recover Kabul Bank stolen assets; and the necessary policies and procedures are in place to ensure GoA compliance with section 7013 of this Act. The requirement of this paragraph shall not apply to funds appropriated by this Act for assistance for Afghanistan that are made available for education and health programs and programs that are consistent with the activities described in section 7059 of this Act. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for the GoA shall be reduced by $5 for every $1 that the GoA imposes in taxes, duties, penalties, or other fees on the transport of property of the United States Government (including the United States Armed Forces), entering or leaving Afghanistan. None of the funds made available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. None of the funds appropriated by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , and Foreign Military Financing Program for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies to the Committees on Appropriations that the Government of Pakistan is— cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; dismantling improvised explosive device
(IED)networks and interdicting precursor chemicals used in the manufacture of IEDs; preventing the proliferation of nuclear-related material and expertise; issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and are subject to section 620M of the Foreign Assistance Act of 1961. Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. The spend plan required by section 7076 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided , That such benchmarks may incorporate those required in title III of Public Law 111–73 , as appropriate: Provided further , That not later than 6 months after submission of such spend plan, and each 6 months thereafter until September 30, 2016, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in such plan. The Secretary of State should suspend assistance for the Government of Pakistan if any report required by clause
(i)indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives. None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Sri Lanka unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions specified under such heading in the report accompanying this Act. Paragraph
(1)shall not apply to assistance for humanitarian demining, disaster relief, and aerial and maritime surveillance. If the Secretary makes the certification required in paragraph (1), funds appropriated under the heading Foreign Military Financing Program that are made available for assistance for Sri Lanka should be used to support the recruitment of Tamils into the Sri Lankan military in an inclusive and transparent manner, Tamil language training for Sinhalese military personnel, and human rights training for all military personnel. Funds appropriated under the heading International Military Education and Training
(IMET)in this Act that are available for assistance for Sri Lanka, may be made available only for training related to international peacekeeping operations and expanded IMET: Provided , That the limitation in this paragraph shall not apply to maritime security. The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions referenced in paragraph
(1)of this subsection. Funds appropriated by this Act under the heading Economic Support Fund for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either country and the Central Asian countries.
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- Pub. L. 112-74
- Pub. L. 111-73
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Sec. 7044
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 111-73
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