Sec. 7044.
2,631 words·~12 min read·
/bill/114/s/1725/pcs/section-7044A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated by this Act under the headings Diplomatic and Consular Programs , Embassy Security, Construction, and Maintenance , and Operating Expenses that are available for 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 implement plans for accommodating other United States Government agencies under Chief of Mission authority per section 3927 of title 22, United States Code, or to protect such facilities or the security, health, and welfare of United States Government personnel.
Provided Not later than 30 days after enactment of this Act and every 120 days thereafter until September 30, 2016, the Secretary of State shall submit a report, in classified form if necessary, to the appropriate congressional committees detailing by agency the number of personnel present in Afghanistan under Chief of Mission authority per section 3927 of title 22, United States Code, at the end of the 120 day period preceding the submission of such report: , That such report shall also include the number of locally employed staff and contractors supporting United States Embassy operations in Afghanistan during the reporting period.
Provided Not later than 90 days after enactment of this Act, the Secretary of State and the USAID Administrator shall each submit to the appropriate congressional committees transition plans for the Office of the Special Representative for Afghanistan and Pakistan, Department of State, and the Office of Afghanistan and Pakistan Affairs, USAID, respectively: , That such plans shall include a timeline, estimated costs, and the personnel requirements for the merger of such offices into the relevant bureaus and offices of the Department of State and USAID.
Provided Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement may be made available for assistance for Afghanistan: , That such funds may not be obligated for any program, project, or activity that— Provided includes the participation of any Afghan individual or organization that the Secretary of State determines to be involved in corrupt practices or violation of human rights; cannot be sustained, as appropriate, by the Government of Afghanistan or other Afghan entity; is inaccessible for the purposes of conducting regular oversight in accordance with applicable Federal statutes and regulations; and initiates any new, major infrastructure development.
Prior to the initial obligation of funds made available by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for the Government of Afghanistan, the Secretary of State shall certify and report to the Committees on Appropriations that the Government of the United States, after consultation with the Government of Afghanistan, has established— goals and benchmarks for the specific uses of such funds; conditions that increase the transparency and accountability of the Government of Afghanistan for funds obligated under the New Development Partnership; monitoring and oversight frameworks in accordance with all applicable audit policies of the Department of State and USAID; and processes for the public reporting of the Government of Afghanistan’s national budget, including revenues and expenditures.
The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of subparagraph
(B)if the Secretary 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 subparagraph
(B)has not been met. Funds appropriated by this Act that are made available for assistance for Afghanistan shall be made available in the following manner— not less than $50,000,000 shall be made available for rule of law programs, the decisions for which shall be the responsibility of the Chief of Mission, in consultation with other appropriate United States Government officials in Afghanistan; funds may be made available for an endowment to empower women and girls, and shall be made available for programs that protect the rights of women and promote the political and economic empowerment of women, including their meaningful inclusion in political processes: , That such assistance to promote economic empowerment of women shall made available as grants to Afghan and international organizations, to the maximum extent practicable; Provided funds shall be made available for programs in Central and South Asia to expand linkages between Afghanistan and countries in the region, subject to the regular notification procedures of the Committees on Appropriations; and funds may be made available to assist the Government of Afghanistan to increase revenue collection and expenditure. Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing the goals and benchmarks required in clause (2)(B)(i): , That not later than 6 months after the submission of such report and every 6 months thereafter until September 30, 2017, the Secretary of State shall submit a report to such committees on the status of achieving such goals and benchmarks: Provided , That the Secretary of State should suspend assistance for the Government of Afghanistan if any report required by this paragraph indicates that Afghanistan is failing to make measurable progress in meeting such goals and benchmarks. Provided further Not later than 180 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing steps taken by the Government of Afghanistan to combat corruption and prosecute individuals alleged to be involved in illegal activities in Afghanistan. Funds appropriated by this Act under title III through VI 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, including as a United States contribution to the Afghanistan Reconstruction Trust Fund and an internationally managed fund for such purposes, subject to the regular notification procedures of the Committees on Appropriations. Section 7046(a)(2)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012, (division I of Public Law 112–74 ) shall apply to funds appropriated by this Act for assistance for Afghanistan. Section 1102(c) of the Supplemental Appropriations Act, 2009 (title XI of Public Law 111–32 ) shall continue in effect during fiscal year 2016 as if part of this Act. 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. Of the funds appropriated by this Act under titles III and IX, not less than $150,000,000 shall be made available for assistance for Nepal for earthquake relief, recovery, and reconstruction programs: , That such amounts shall be in addition to funds made available by this Act for development and democracy programs in Nepal: Provided , That funds made available for earthquake relief, recovery, and reconstruction programs should— Provided further target affected communities on an equitable basis; promote political reforms, as appropriate, including to strengthen institutions and constitutional processes; and include sufficient oversight mechanisms, to include the participation of civil society organizations. Funds appropriated by this Act under the heading Foreign Military Financing Program shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal, and in support of international peacekeeping operations: , That any additional uses of such funds may only be made available 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 law of war, and the Nepal army is cooperating fully with civilian judicial authorities on such efforts. Provided Of the funds appropriated under titles IV and VIII of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Foreign Military Financing Program for assistance for Pakistan, up to $36,000,000 may be made available for the purchase and operation of aircraft for the Government of Nepal for the purposes of disaster response and preparedness: , That such funds shall be subject to prior consultation with the Committees on Appropriations. Provided 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 effective 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. 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 and 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. 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 2016: , That not less than 50 percent of the scholarships available under such Program should be awarded to Pakistani women. Provided 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 the Enhanced Partnership with Pakistan Act of 2009 ( Provided 22 U.S.C. 8441 et seq. ), as appropriate: , That not later than 6 months after submission of such spend plan, and each 6 months thereafter until September 30, 2017, 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 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. The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Pakistan. Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not less than $40,417,000 shall be made available for assistance for Sri Lanka for democracy and economic development programs, particularly in areas recovering from ethnic and religious conflict: , That such funds shall be made available for programs to assist in the identification and resolution of cases of missing persons. Provided Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is— addressing the underlying causes of conflict in Sri Lanka; and increasing accountability and transparency in governance. None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Sri Lanka: , That funds appropriated by this Act under the heading Provided International Military Education and Training may only be made available for training related to international peacekeeping operations and expanded IMET: , That funds appropriated by this Act under the heading Provided further Peacekeeping Operations may only be made available for training related to international peacekeeping operations. 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 headings International Narcotics Control and Law Enforcement and Assistance for Europe, Eurasia and Central Asia that are available for assistance for countries in South and Central Asia shall be made available to enhance the recruitment, retention, and professionalism of women in the judiciary, police, and other security forces, of which $5,000,000 shall be made available for such purposes in Pakistan.
Connectionstraces to 2
Traces to 2 documents
2 references not yet in our index
- Pub. L. 112-74
- Pub. L. 111-32
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources