Sec. 2122. ### (a) In General

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## SEC. 2122 ###

(a)In General Subsections

(b)through

(d)of this section shall apply to funds appropriated by this division in lieu of section 7076 of division F of Public Law 111-117. ###

(b)Limitation None of the funds appropriated or otherwise made available by this division under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” may be obligated for assistance for the Government of Afghanistan until the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), certifies and reports to the Committees on Appropriations the following: ####

(1)The Government of Afghanistan is— #####

(A)demonstrating a commitment to reduce corruption and improve governance, including by investigating, prosecuting, and sanctioning or removing corrupt officials from office and to implement financial transparency and accountability measures for government institutions and officials (including the Central Bank); #####

(B)taking significant steps to facilitate active public participation in governance and oversight; and #####

(C)taking credible steps to protect the internationally recognized human rights of Afghan women. ####

(2)There is a unified United States Government anti-corruption strategy for Afghanistan. ####

(3)Funds will be programmed to support and strengthen the capacity of Afghan public and private institutions and entities to reduce corruption and to improve transparency and accountability of national, provincial, and local governments, as outlined in the spending plan submitted to the Committees on Appropriations on October 26, 2010 (CN 10-298). ####

(4)Representatives of Afghan national, provincial, or local governments, local communities, and civil society organizations, as appropriate, will be consulted and participate in the design of programs, projects, and activities, including participation in implementation and oversight, and the development of specific benchmarks to measure progress and outcomes. ####

(5)Funds will be used to train and deploy additional United States Government direct-hire personnel to improve monitoring and control of assistance. ####

(6)A framework and methodology is being utilized to assess national, provincial, local, and sector level fiduciary risks relating to public financial management of United States Government assistance. ###

(c)Assistance and Operations ####

(1)Funds appropriated by this division under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” that are available for assistance for Afghanistan— #####

(A)shall be made available, to the maximum extent practicable, in a manner that emphasizes the participation of Afghan women, and directly improves the security, economic and social well-being, and political status, and protects the rights of, Afghan women and girls and complies with sections 7062 and 7063 of division F of Public Law 111-117, including support for the Afghan Independent Human Rights Commission, the Afghan Ministry of Women’s Affairs, and women-led nongovernmental organizations; #####

(B)may be made available for a United States contribution to an internationally-managed fund to support the reconciliation with and disarmament, demobilization, and reintegration into Afghan society of, former combatants who have renounced violence against the Government of Afghanistan: *Provided*, That funds may be made available to support reconciliation and reintegration activities only if— ######

(i)Afghan women are participating at national, provincial, and local levels of government in the design, policy formulation and implementation of the reconciliation or reintegration process, and such process upholds steps taken by the Government of Afghanistan to protect the internationally recognized human rights of Afghan women; and ######

(ii)such funds will not be used to support any pardon or immunity from prosecution, or any position in the Government of Afghanistan or security forces, for any leader of an armed group responsible for crimes against humanity, war crimes, or other violations of internationally recognized human rights; #####

(C)may be made available as a United States contribution to the Afghanistan Reconstruction Trust Fund

(ARTF)unless the Secretary of State determines and reports to the Committees on Appropriations that the World Bank Monitoring Agent of the ARTF is unable to conduct its financial control and audit responsibilities due to restrictions on security personnel by the Government of Afghanistan; and #####

(D)may be made available for a United States contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations Humanitarian Relief Fund. ####

(2)Funds appropriated under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” by this division that are available for assistance for Afghanistan that provide training for foreign police, judicial, and military personnel shall address, where appropriate, gender-based violence. ####

(3)The authority contained in section 1102(c) of Public Law 111-32 shall continue in effect during fiscal year 2011 and shall apply as if included in this division. ####

(4)The Coordinator for Rule of Law at the United States Embassy in Kabul, Afghanistan, shall be consulted on the use of all funds appropriated by this division for rule of law programs in Afghanistan. ####

(5)None of the funds made available by this division may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. ####

(6)The Secretary of State, after consultation with the USAID Administrator, shall submit to the Committees on Appropriations not later than 45 days after enactment of this division, and prior to the initial obligation of funds for assistance for Afghanistan, a detailed spending plan for such assistance which shall include clear and achievable goals, benchmarks for measuring progress, and expected results: *Provided*, That such plan shall not be considered as meeting the notification requirements under section 7015 of division F of Public Law 111-117 or under section 634A of the Foreign Assistance Act of 1961. ###

(d)Oversight ####

(1)The Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department of State, and the Inspector General of the United States Agency for International Development, shall jointly develop and submit to the Committees on Appropriations within 45 days of enactment of this division a coordinated audit and inspection plan of United States assistance for, and civilian operations in, Afghanistan. ####

(2)Of the funds appropriated by this division under the heading “Economic Support Fund” for assistance for Afghanistan, $3,000,000 shall be transferred to, and merged with, funds appropriated by this division under the heading “Administration of Foreign Affairs, Office of Inspector General”, for increased oversight of programs in Afghanistan and shall be in addition to funds otherwise available for such purposes: *Provided*, That $1,500,000 shall be for the activities of the Special Inspector General for Afghanistan Reconstruction. ####

(3)Of the funds appropriated by this division under the heading “Economic Support Fund” for assistance for Afghanistan, $1,500,000 shall be transferred to, and merged with, funds appropriated by this division under the heading “United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General” for increased oversight of programs in Afghanistan and shall be in addition to funds otherwise available for such purposes. ###

(e)Modification to Prior Provisions ####

(1)Section 1004(c)(1)(C) of Public Law 111-212 is amended to read as follows: > > ##### “(C) > > taking credible steps to protect the internationally recognized human rights of Afghan women.” > . ####

(2)Section 1004(d)(1) of Public Law 111-212 is amended to read as follows: > > #### “(1) > > Afghan women are participating at national, provincial, and local levels of government in the design, policy formulation, and implementation of the reconciliation or reintegration process, and such process upholds steps taken by the Government of Afghanistan to protect the internationally recognized human rights of Afghan women; and” > . ####

(3)Section 1004(e)(1) of Public Law 111-212 is amended to read as follows: > > #### “(1) > > based on information available to the Secretary, the Independent Electoral Commission has no members or other employees who participated in, or helped to cover up, acts of fraud in the 2009 presidential election in Afghanistan, and the Electoral Complaints Commission is a genuinely independent body with all the authorities that were invested in it under Afghan law as of December 31, 2009; and” > .

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Pub. L. 111-117
Pub. L. 111-32
Pub. L. 111-212

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Sec. 2122

### (a) In General

Pub. L.Pub. L. 111-117

Pub. L.Pub. L. 111-32

Pub. L.Pub. L. 111-212

Cites 3Cited by 0 across 0 sources