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:
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 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, the report described under this section in the report accompanying this Act.
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— continuing to implement laws and policies to govern democratically and protect the rights of individuals and civil society, including taking consistent steps to protect and advance the rights of women and girls in Afghanistan; maintaining the strategic relationship with the United States, including implementing the Bilateral Security Agreement with the United States; improving the public reporting of the national budget of the Government of Afghanistan, including revenues and expenditures; and reducing corruption and prosecuting individuals alleged to be involved in illegal activities in Afghanistan.
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. The authority of 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. The authority of section 1102(c) of title IX of Public Law 111–32 shall apply to funds appropriated by this Act for assistance for Afghanistan.
The authority of section 7044(a)(7) of division J of Public Law 113–235 shall apply to funds appropriated by this Act for assistance for Afghanistan: Provided , that the Secretary of State or the USAID Administrator, as appropriate, shall consult with the appropriate congressional committees prior to the use of such authority on the goals, strategy and impact of the program. 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 such government 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. The spend plan required by section 7076 of this Act for assistance for Afghanistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Afghanistan, countering terrorism, and establishing conditions conducive to the rule of law and transparent and accountable governance:
Provided , 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. 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. The authority and directives of section 7044(d)(4) of division J of Public Law 113–235 shall apply to funds appropriated by this Act for assistance for Pakistan. 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 terrorism, 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 this paragraph 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. 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 Afghanistan and Pakistan 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. 111-32
- Pub. L. 111-73
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