Sec. 7044.
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Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement that are made available for assistance for Afghanistan— 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, or any updated subsequent strategy; shall be made available to continue support for institutions of higher education in Kabul, Afghanistan that are accessible to both women and men in a coeducational environment, including for the costs for operations and security for such institutions; shall be made available for programs that protect and strengthen the rights of Afghan women and girls and promote the political and economic empowerment of women including their meaningful inclusion in political processes:
Provided , That such assistance to promote the economic empowerment of women shall be made available as grants to Afghan organizations, to the maximum extent practicable; shall be made available to support long-term development assistance programs in areas previously under the control of the Taliban: Provided , That such funds may be made available notwithstanding any other provision of law and following consultation with the Committees on Appropriation; and may not be made available for any program, project, or activity pursuant to section 7044(a)(1)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ).
The Secretary of State shall promote the meaningful participation of Afghan women in ongoing peace and reconciliation processes in Afghanistan in a manner consistent with the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ), including advocacy for the inclusion of Afghan women leaders in ongoing and future dialogue and negotiations and efforts to ensure that any long-term peace agreement reached between the Afghan Government and the Taliban protects the rights of women and girls and ensures their freedom of movement, rights to education and work, and access to healthcare and legal representation.
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 shall be made available for an endowment pursuant to paragraph (3)(A)(iv) of this subsection for an institution of higher education in Kabul, Afghanistan that is accessible to both women and men in a coeducational environment: Provided , That such endowment shall be established in partnership with a United States-based American higher education institution that will serve on its board of trustees:
Provided further , That prior to the obligation of funds for such an endowment, the Administrator of the United States Agency for International Development shall submit a report to the Committees on Appropriations describing the governance structure, including a proposed board of trustees, and financial safeguards, including regular audit and reporting requirements, in any endowment agreement: Provided further , That the USAID Administrator shall provide a report on the expenditure of funds generated from such an endowment to the Committees on Appropriations on an annual basis.
Funds appropriated by this Act under titles 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 ); for an endowment to empower women and girls; and for an endowment for higher education.
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. Of the funds appropriated by this Act under the heading Diplomatic Programs , up to $3,000,000 may be transferred to any other appropriation of any department or agency of the United States Government, upon the concurrence of the head of such department or agency, to support operations in, and assistance for, Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961:
Provided , That any such transfer shall be subject to the regular notification procedures of the Committees on Appropriations. Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a comprehensive, multi-year strategy for diplomatic and development engagement with Afghanistan that reflects the agreement between the United States Government and the Taliban, as well as on-going intra-Afghan negotiations:
Provided , That such strategy shall include information regarding, but not limited to, the inclusion of women in intra-Afghan negotiations, political concessions between the Afghan government and the Taliban, and expected Department of State and United States military presence in 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. Funds appropriated under titles III and IV of this Act shall be made available for— programs to address the needs of communities impacted by refugees from Burma; programs to protect freedom of expression and due process of law; and democracy programs, of which not less than $2,000,000 shall be made available for such programs for the Rohingya community in Bangladesh.
Funds appropriated under titles III and IV of this Act shall be made available for assistance for Nepal, including for development and democracy programs. The terms and conditions of section 7044(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ) shall continue in effect during fiscal year 2021. Funds appropriated under title III of this Act shall be made available for assistance for Sri Lanka for democracy and economic development programs, particularly in areas recovering from ethnic and religious conflict:
Provided , That such funds shall be made available for programs to assist in the identification and resolution of cases of missing persons. Funds appropriated by this Act for assistance for the central Government of Sri Lanka, except for funds made available for humanitarian assistance, victims of trauma, and technical assistance to promote fiscal transparency and sovereignty, may be made available only if the Secretary of State determines and reports to the Committees on Appropriations that such Government is taking effective and consistent steps to— respect and uphold the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and holding perpetrators of such violations accountable; assert its sovereignty against interference by the People’s Republic of China; and promote reconciliation between ethnic and religious groups arising from past conflict in Sri Lanka, including by addressing land confiscation and ownership issues, resolving cases of missing persons, and reducing the presence of the armed forces in former conflict zones.
Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions— not to exceed $500,000 may be made available under the heading Foreign Military Financing Program only 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 subject to the regular notification procedures of the Committees on Appropriations.
Funds appropriated by this Act shall be made available for assistance for Afghanistan, Pakistan, and other countries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls.
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- Pub. L. 112-74
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