Sec. 7044.
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Funds appropriated by this Act under the headings Diplomatic and Consular Programs , Embassy Security, Construction, and Maintenance , and Operating Expenses 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: , 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.
Provided 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 USAID Administrator, submits to the Committees on Appropriations, in classified form if necessary, an update of the report required by section 7044(a)(1)(B) of division K of Public Law 113–76.
Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for Afghanistan— may not be used to support any program, project, or activity that— does not have regular oversight by the Department of State or USAID, as appropriate, to include site visits; involves any individual or organization that the Secretary of State determines to be involved in corrupt practices; or initiates new major infrastructure; shall only be made available for programs that the Government of Afghanistan or other Afghan entity is capable of sustaining, as appropriate and as determined by the United States Chief of Mission; shall be prioritized for programs that promote women's economic and political empowerment, strengthen and protect the rights of women and girls, and to implement the United States Embassy Kabul Gender Strategy; 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 shall be subject to the regular notification procedures of the Committees on Appropriations, and may not be obligated unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Afghanistan is— implementing laws or policies to govern democratically and protect the rights of individuals and civil society; implementing the Bilateral Security Agreement with the United States; taking consistent steps to protect and advance the rights of women and girls in Afghanistan; implementing the necessary policies and procedures to comply with section 7013 of this Act; and reducing corruption and recovering stolen assets.
The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of paragraph
(3)if the Secretary of State determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of paragraph
(3)has not been met. Of the funds appropriated by this Act that are available for assistance for Afghanistan, not less than $50,000,000 shall be made available for rule of law programs: , That decisions regarding the uses of such funds shall be the responsibility of the Coordinating Director, in consultation with other appropriate United States Government officials in Afghanistan, and such Director shall be consulted on the uses of all funds appropriated by this Act for rule of law programs in Afghanistan. Provided 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 Government of Afghanistan shall be reduced by $5 for every $1 that the Government of Afghanistan 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. Funds appropriated under the heading Economic Support Fund in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for an endowment to empower women and girls in Afghanistan, following consultation with the appropriate congressional committees. Funds appropriated under titles III through VI of this Act that are made available for assistance for Afghanistan may be made available— notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961; and for reconciliation programs and disarmament, demobilization, and reintegration activities for former combatants who have renounced violence against the Government of Afghanistan in accordance with section 7046(a)(2)(B)(ii) of Public Law 112–74. Section 7046(a)(2)(A) of division I of Public Law 112–74 shall apply to funds appropriated by this Act for assistance for Afghanistan. Funds made available by this Act for assistance for Afghanistan may be made available for programs in Central and South Asia relating to a transition in Afghanistan, including expanding Afghanistan linkages within the region: , That such funds shall be the responsibility of the Assistant Secretary for the Bureau of South and Central Asian Affairs, Department of State, and the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy
(SEED)Act of 1989 ( Provided Public Law 101–179 ) and section 102 of the FREEDOM Support Act ( Public Law 102–511 ): , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. Provided further 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. Funds appropriated by this Act under the heading Development Assistance that are made available for assistance for Bangladesh shall be made available for programs to improve labor conditions by strengthening the capacity of independent workers’ organizations in Bangladesh’s readymade garment, shrimp, and fish export sectors. Funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Nepal only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war, and the Nepal army is cooperating fully with civilian judicial authorities, including providing investigators access to witnesses, documents, and other information. The conditions in paragraph
(1)shall not apply to assistance for humanitarian relief and reconstruction activities in Nepal, or for training to participate in international peacekeeping missions. None of the funds appropriated or otherwise made available 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 and reports 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. The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of paragraph
(1)if the Secretary of State determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of paragraph
(1)has not been met. 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. Funds appropriated by this Act under the headings Economic Support Fund and Nonproliferation, Anti-terrorism, Demining and Related Programs that are available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers. Funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with section 507(6) of the Trade Act of 1974 ( 19 U.S.C. 2467(6) ). Funds appropriated by this Act under titles III and IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for this subsection. 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. Funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Pakistan shall be made available to increase the number of scholarships for women under the Merit and Needs-Based Scholarship Program during fiscal year 2015. The additional scholarships available pursuant to this subsection shall be awarded in accordance with other scholarship eligibility criteria already established by USAID. Additional scholarships funded pursuant to this subsection shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of scholarship recipients. Not less than 50 percent of the scholarships available under such Program should be awarded to Pakistani women. 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: , That such benchmarks may incorporate those required in title III of Provided Public Law 111–73 , as appropriate: , 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. Provided further The Secretary of State should suspend assistance for the Government of Pakistan if any report required by paragraph (A)(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, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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: , That the limitation in this paragraph shall not apply to maritime security. Provided 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 makes the certification to the Committees on Appropriations required in paragraph (1). 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. Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are available for assistance for countries in South and Central Asia should be made available to enhance the recruitment, retention, and professionalism of women in police and other security forces.
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- Pub. L. 112-74
- Pub. L. 101-179
- Pub. L. 102-511
- Pub. L. 111-73
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Sec. 7044
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 101-179
Pub. L.Pub. L. 102-511
Pub. L.Pub. L. 111-73
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