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Code · BILL · 117th Congress · H.R. 2617 (UNKNOWN) — 110 HR 2617 EAS2: Consolidated Appropriations Act, 2023 · Sec. 7044

Sec. 7044.

1,320 words·~6 min read·/bill/117/hr/2617/unknown/section-7044

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None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. Funds appropriated or otherwise made available by this Act under the heading Administration for Foreign Affairs and fees available for obligation during fiscal year 2023 in the Consular and Border Security Programs account shall be made available for additional Department of State personnel necessary to eliminate processing backlogs and expedite adjudication of Afghan Special Immigrant Visa cases, including for the National Visa Center and the Afghan Special Immigrant Visa Unit.
Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to support the higher education of students from Afghanistan studying outside of the country, including the costs of reimbursement to institutions hosting such students, as appropriate: That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations prior to the initial obligation of funds for such purposes.
Provided, Not later than 45 days after the date of enactment of this Act, the Secretary of State and the USAID Administrator shall submit a report to the appropriate congressional committees detailing plans, consistent with the restriction contained in paragraph (1), to— protect and strengthen the rights of Afghan women and girls; support higher education programs, including continued support for the American University of Afghanistan’s
(AUAF)online programs and support for other higher education institutions in South Asia and the Middle East that are hosting AUAF and other Afghan students; support Afghan civil society activists, journalists, and independent media, including in third countries; and support health, education, including community-based education, and other programs to address the basic needs of the people of Afghanistan. Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Bangladesh— not less than $23,500,000 shall be made available to address the needs of communities impacted by refugees from Burma; not less than $10,000,000 shall be made available for programs to protect freedom of expression and association, and the right of due process; and not less than $23,300,000 shall be made available for democracy programs. Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Nepal shall only be made available for humanitarian and disaster relief and reconstruction activities, and in support of international peacekeeping operations, military professionalization and training, and border security activities: That such funds may only be made available for 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 by the Nepal Army, 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. 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, including protecting freedom of expression, assembly, and religion. 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 under the heading International Narcotics Control and Law Enforcement shall be made available for border security programs in Pakistan, following consultation with the Committees on Appropriations. Funds appropriated by title III of this Act shall be made available for programs to promote democracy and for gender programs in Pakistan. 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 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. 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 such Government is taking effective and consistent steps to— protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and the laws of war and holding perpetrators of such violations accountable; address the basic needs of the people of Sri Lanka and responsibly mitigate the impact of the country’s economic collapse, including by increasing transparency and accountability in governance; combat corruption, including bringing to justice public officials who have engaged in significant acts of corruption; assert its sovereignty against influence by the People’s Republic of China; and promote reconciliation between ethnic and religious groups, particularly arising from past conflict in Sri Lanka, including by— addressing land confiscation and ownership issues; resolving cases of missing persons, including by maintaining a functioning and credible office of missing persons; reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security; repealing or amending laws on arrest and detention by security forces to comply with international standards; and investigating allegations of arbitrary arrest and torture, and supporting a credible justice mechanism for resolving cases of war crimes: That the limitations of this paragraph shall not apply to funds made available for humanitarian assistance and disaster relief; to protect human rights, locate and identify missing persons, and assist victims of torture and trauma; to promote justice, accountability, and reconciliation; to enhance maritime security and domain awareness; to promote fiscal transparency and sovereignty; and for International Military Education and Training. Provided, None of the funds appropriated by this Act may be made available for assistance for the Sri Lankan armed forces, except for humanitarian assistance, disaster relief, instruction in human rights and related curricula development, maritime security and domain awareness, including professionalization and training for the navy and coast guard, and funds appropriated by this Act under the heading International Military Education and Training . Funds made available for assistance for Sri Lanka other than for the purposes specified in paragraph
(1)shall be subject to prior consultation with the Committees on Appropriations. Funds appropriated by this Act shall be made available for assistance for 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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