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 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: , That not less than $60,000,000 shall be made available for such purposes:
Provided Provided further , That such assistance to promote the empowerment of women shall be made available as grants to Afghan organizations, to the maximum extent practicable; shall be made available for programs that implement and support comprehensive strategies to combat corruption in Afghanistan, with an emphasis on public disclosure of government receipts and expenditures and prosecution and punishment of corrupt officials; shall be made available to continue support for not-for-profit 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 prioritize, unless the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, determines that security conditions do not permit or risk deterioration, assistance to support long-term development in areas previously under the control of the Taliban or other violent extremist groups: , That such funds may be made available notwithstanding any other provision of law and following consultation with the Committees on Appropriation;
Provided 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 ); and may be made available, notwithstanding any other provision of law, for programs and activities to address the needs of the people of Afghanistan in support of peace and reconciliation, including reintegration of former Taliban and other extremists.
The Secretary of State shall promote and ensure the meaningful participation of Afghan women in any discussions between the Government of Afghanistan and the Taliban related to the future of Afghanistan in a manner consistent with the Women, Peace, and Security Act of 2017 ( Public Law 115–68 ) and the 2019 United States Strategy on Women, Peace, and Security, including through— advocacy by the United States Government for the inclusion of Afghan women representatives, particularly from civil society and rural provinces, in ongoing and future discussion; the leveraging of assistance for the protection of women and girls and their rights; and efforts to ensure that any agreement protects women’s and girl’s rights 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 a not-for-profit institution of higher education in Kabul, Afghanistan that is accessible to both women and men in a coeducational environment: , 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 , 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.
Provided further Funds appropriated or otherwise made available by this Act under the heading Administration of Foreign Affairs shall be made available to carry out the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 110 note), including for additional personnel necessary for eliminating any processing backlog and expediting the adjudication of Afghan Special Immigrant Visa
(SIV)cases. 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. Section 1102(c) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall continue in effect during fiscal year 2022 as if part of this Act. Not less than 90 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a comprehensive, multi-year strategy for diplomatic and development engagement with the Government of Afghanistan: , That such strategy shall include the elements detailed under this section in the report accompanying this Act: Provided Provided further , That the Secretary of State shall consult with such committees on the parameters of such strategy: , That the strategy required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. Provided further 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 assistance for Bangladesh 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. 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 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. 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. 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: Provided , That the Secretary shall inform the Committees on Appropriations of such steps in a timely manner. 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: , 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 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; increase transparency and accountability in governance; 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 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: , 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 Funds appropriated under title IV of this Act that are made 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 for programs to support humanitarian assistance, disaster relief, instruction in human rights and related curricula development, and maritime security and domain awareness, 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
- Pub. L. 111-32
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Sec. 7044
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 111-32
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