Sec. 7044.
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Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Diplomatic Programs and Embassy Security, Construction, and Maintenance may be made available to reestablish and maintain one or more Embassy Branch Offices in Afghanistan, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees. The requirements of section 7052(c) of this Act relating to reimbursement for aircraft use by Federal and non-Federal personnel supporting Department of State and United States Agency for International Development programs and activities in Afghanistan may include less than full cost recovery if the Secretary of State determines and reports to the Committees on Appropriations that such action is important to safeguard the welfare and security of United States personnel in Afghanistan.
Funds appropriated under titles III and IV of this Act shall be made available to implement the South Asia Strategy, the Revised Strategy for United States Engagement in Afghanistan, and the United States Agency for International Development Country Development Cooperation Strategy for Afghanistan: , That funds appropriated by this Act under the heading Provided Economic Support Fund that are made available for the Fulbright program for Afghanistan shall be transferred to, and merged with, funds appropriated in title I of this Act under the heading Educational and Cultural Exchange Programs .
Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund for assistance for Afghanistan, up to $2,800,000 may be transferred to, and merged with, funds appropriated in title II of this Act under the heading Office of Inspector General for audits, investigations, and other activities for the purposes of conducting effective oversight of assistance for Afghanistan: , That any such funds transferred are in addition to funds otherwise available for such purposes.
Provided Funds appropriated by this Act that are made available for assistance for Afghanistan may not be made available to any Afghan individual, organization, or government entity if the Secretary of State has credible information that such individual, organization, or entity is knowingly involved in acts of grand corruption, illicit narcotics production or trafficking, or has committed a gross violation of human rights: , That such requirement shall not apply to any United States citizen or lawful permanent resident associated with such organization or entity.
Provided The Special Inspector General for Afghanistan Reconstruction shall update the assessment of the implementation of the Afghanistan National Strategy for Combatting Corruption by the Government of Afghanistan, including efforts to prosecute individuals alleged to be involved in corrupt or illegal activities. None of the funds appropriated by this Act 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— the United States Government and the Government of Afghanistan have in place the agreements necessary to ensure compliance with the principles set forth in section 7013 of this Act; and United States companies and organizations that are implementing United States assistance programs in Afghanistan in a manner consistent with United States laws and regulations are not subjected by the Government of Afghanistan to taxes or other fees in contravention of the agreements referenced in subparagraph (A), and are not subjected to retaliation by the Government of Afghanistan for the nonpayment of such 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 Committees on Appropriations an assessment of the dollar value of improper taxes or fees levied by such government against such companies and organizations in fiscal year 2018.
Provided 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, including 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 ), except that no such funds may be made available for direct monetary payment to demobilized combatants; and 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.
Funds appropriated by prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Afghanistan shall be made available pursuant to this subsection. It is the sense of the Senate that the Afghan Special Immigrant Visa program is important to the national interests of the United States, and that the Department of State should develop a system of prioritization for the processing of Afghan Special Immigrant Visas.
Of the funds appropriated under titles III and IV of this Act, not less than $121,730,000 shall be made available for assistance for Nepal, including for earthquake recovery and reconstruction programs. 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 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. Not later than 30 days after enactment of this Act, and prior to the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the Secretary of State shall consult with the Committees on Appropriations on the amount of funds appropriated by this Act under the heading Foreign Military Financing Program that is anticipated to be subject to the January 2018 policy decision of the United States to suspend security assistance for Pakistan, or any subsequent policy decision affecting such assistance: , That the Secretary shall promptly inform the appropriate congressional committees in writing of any changes to such policy, the justification for such changes, and the progress made by the Government of Pakistan in meeting the counterterrorism objectives described under this section in Senate report 115-282.
Provided Funds appropriated by 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 that are withheld from obligation or expenditure by the Department of State may be reprogrammed by the Secretary of State, except that no such funds may be reprogrammed that are required to complete payment on existing and previously approved contracts: , That such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations.
Provided Prior to the obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the central Government of Pakistan, the Secretary of State shall submit a report to the appropriate congressional committees detailing— the amount of financing and other support, if any, provided by the Government of Pakistan to schools supported by, affiliated with, or run by the Taliban or any domestic or foreign terrorist organization in Pakistan; the extent of cooperation by such government in issuing visas in a timely manner for United States visitors, including officials and representatives of nongovernmental organizations, engaged in assistance and security programs in Pakistan; the extent to which such government is providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by conflict in Pakistan and the region; and the extent to which such government is strengthening democracy in Pakistan.
Funds appropriated by this Act 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. Funds appropriated by this Act for assistance for Pakistan that are made available for infrastructure projects shall be implemented in a manner consistent with section 507(6) of the Trade Act of 1974 ( 19 U.S.C. 2467(6) ). The authorities 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 ) regarding scholarships for women shall apply to funds appropriated by this Act for assistance for Pakistan, following consultation with the Committees on Appropriations.
Funds appropriated by this Act under the headings Economic Support Fund and Nonproliferation, Anti-terrorism, Demining and Related Programs that are made available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that are used to manufacture improvised explosive devices and for agriculture extension programs that encourage alternative fertilizer use among Pakistani farmers to decrease the dual use of fertilizer in the manufacturing of improvised explosive devices.
Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for assistance for Pakistan, not less than $15,000,000 shall be made available for border security programs in Pakistan, following consultation with the Committees on Appropriations. Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Pakistan, not less than $19,500,000 shall be transferred to, and merged with, funds made available in title I of this Act under the heading Educational and Cultural Exchange Programs for the Fulbright program for Pakistan: , That such transfer and merge shall take place not later than 45 days after enactment of this Act.
Provided 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. Section 7031(c) of this Act shall be applied to officials of the Government of Pakistan about whom the Secretary of State has credible information have been involved in the wrongful imprisonment of Aasiya Noreen, known as Asia Bibi, who was sentenced to death for allegedly violating Pakistani blasphemy laws.
Of the funds appropriated under title III of this Act, not less than $35,000,000 shall be made available for assistance for Sri Lanka for economic development and democracy 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, except for funds made available for humanitarian assistance and victims of trauma, 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— repealing laws that do not comply with international standards for arrest and detention by security forces, and ensuring that any successor legislation meets such standards; increasing accountability and transparency in governance; investigating allegations of arbitrary arrest and torture, and supporting a credible justice mechanism in compliance with United Nations Human Rights Council Resolution (A/HCR/RES/30/1) of October 2015; returning military occupied lands in former conflict zones to their rightful owners or compensating those whose land was confiscated without due process, and which is in addition to steps taken during the previous calendar year; establishing a functioning office of missing persons and assisting its investigations of cases of missing persons from Sri Lanka’s internal armed conflicts with the cooperation of the armed forces of Sri Lanka; and substantially reducing the presence of the armed forces in former conflict zones and implementing a plan for restructuring the armed forces to adopt a peacetime role that contributes to post-conflict reconciliation and regional security.
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 support humanitarian and disaster response preparedness and maritime security, including professionalization and training for the navy and coast guard; and funds under the heading Peacekeeping Operations may only be made available for training and equipment related to international peacekeeping operations and improvements to peacekeeping-related facilities, and only if the Government of Sri Lanka is taking effective steps to bring to justice Sri Lankan peacekeeping troops who have engaged in sexual exploitation and abuse.
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 that are made available for assistance for countries in South and Central Asia shall be made available to accelerate the recruitment and enhance the retention and professionalism of women in the judiciary, police, and other security forces.
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- Pub. L. 112-74
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