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 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 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, 2017, 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 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 project or activity that— Provided includes the participation of any Afghan individual or organization, including government entity, that the Secretary of State determines to be involved in corrupt practices, illicit narcotics production or trafficking, or a violation of human rights; cannot be sustained, as appropriate, by the Government of Afghanistan or another Afghan entity; is inaccessible or not regularly accessible for the purposes of conducting effective oversight in accordance with applicable Federal statutes and regulations; or 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 central Government of Afghanistan, the Secretary of State shall certify and report to the Committees on Appropriations, after consultation with the Government of Afghanistan, that— goals and benchmarks for the specific uses of such funds have been established by the Governments of the United States and Afghanistan; conditions are in place that increase the transparency and accountability of the Government of Afghanistan for funds obligated under the New Development Partnership; the Government of Afghanistan is implementing laws and policies to govern democratically and protect the rights of individuals, civil society, and the media, including the Law on Mass Media and the Access to Information Act; the Government of Afghanistan is taking consistent steps to protect and advance the rights of women and girls in Afghanistan; the Government of Afghanistan is reducing corruption and prosecuting individuals alleged to be involved in illegal activities in Afghanistan; monitoring and oversight frameworks for programs implemented with such funds are in accordance with all applicable audit policies of the Department of State and USAID; the necessary policies and procedures are in place to ensure Government of Afghanistan compliance with section 7013 of this Act; and the Government of Afghanistan is publicly reporting its national budget, including revenues and expenditures.
The Secretary of State 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 of the requirements of subparagraph
(B)cannot be 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; for programs that protect the rights of women and girls 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 be made available as grants to Afghan and international organizations, to the maximum extent practicable; Provided for programs in South and Central Asia to expand linkages between Afghanistan and countries in the region, subject to the regular notification procedures of the Committees on Appropriations; to assist the Government of Afghanistan to increase revenue collection and expenditure; and not less than $10,000,000 should be made available for the Afghan Civilian Assistance Program. None of the funds appropriated by this Act and prior Acts making Appropriations for the Department of State, foreign operations, and related programs for assistance for Afghanistan may be made available for direct government-to-government assistance unless the Secretary of State certifies and reports to the Committees on Appropriations that United States companies and organizations that are implementing United States foreign assistance programs in Afghanistan in a manner consistent with United States laws and regulations are not subjected by such government to taxes or other fees in contravention of diplomatic and other international agreements, or to retaliation for the nonpayment of taxes or fees imposed in the past: , That not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an assessment of the dollar value of improper taxes or fees levied by such government against such companies and organizations in fiscal years 2014, 2015, and 2016. Provided 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 paragraph (2)(B)(i): , That not later than 6 months after the submission of such report and every 6 months thereafter until September 30, 2018, 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 such government is failing to make measurable progress in meeting such goals and benchmarks. Provided further 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; 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 the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ); and for an endowment to empower women and girls. 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. Section 1102(c) of the Supplemental Appropriations Act, 2009 (title XI of Public Law 111–32 ) shall continue in effect during fiscal year 2017. 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. Not less than $50,000,000 of the funds appropriated by this Act under the heading Development Assistance shall be made available for assistance for Nepal for earthquake recovery and reconstruction programs, which should— target affected communities on an equitable basis; 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 such funds may only be made available for any additional uses 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 in such cases. 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; not financing or otherwise supporting schools supported by, affiliated with, or run by the Taliban or any designated foreign terrorist organization; 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 may waive the certification requirement of paragraph
(1)with respect to funds appropriated or otherwise made available by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for the Government of Pakistan if the Secretary determines that to do so is important to the national security interest of the United States. The Secretary of State may waive the certification requirement of paragraph
(1)with respect to 85 percent of the funds appropriated or otherwise made available by this Act under the heading Foreign Military Financing Program for assistance for the Government of Pakistan if the Secretary determines that to do so is important to the national security interest of the United States: , That funds withheld by application of this subparagraph shall be withheld from obligation until the Secretary submits to the Committees on Appropriations the certification required by paragraph (1). Provided In exercising the authority of this paragraph, the Secretary of State shall submit a report to the Committees on Appropriations, in classified form if necessary, on the justification for any waivers in subparagraphs
(A)and
(B)and the reasons why any of the requirements of paragraph
(1)cannot be 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 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 authority and directives of section 7044(d)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall apply to funds appropriated by this Act that are made available for assistance for Pakistan. Not later than 6 months after submission of the spend plan required by section 7076 of this Act for assistance for Pakistan, and each 6 months thereafter until September 30, 2018, 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 during the previous fiscal year, 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, and shall provide the Committees on Appropriations with a description of the vetting procedures to be used for recipients of assistance made available under title IV of this Act. Funds appropriated by this Act under the heading Economic Support Fund 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— taking steps to repeal the Prevention of Terrorism Act (PTA), including releasing or charging all individuals detained pursuant to the PTA; increasing accountability and transparency in governance; and supporting a credible justice mechanism in compliance with United Nations Human Rights Council Resolution (A/HCR/30/L.29) of October, 2015. Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions— funds under the heading Foreign Military Financing Program may only be made available for programs to redeploy, restructure, and reduce the size of the Sri Lankan armed forces (to include support for international peacekeeping) and shall not exceed $400,000; funds under the heading International Military Education and Training may only be made available for training related to international peacekeeping operations and Expanded International Military Education and Training; and funds under the heading 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 Economic Support Fund , 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.
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U.S. Code
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- Pub. L. 112-74
- Pub. L. 111-32
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