afghanistan

afghanistanSec. 1102. (a) In General.—Funds appropriated in this title under the heading “Economic Support Fund” that are available for assistance for Afghanistan shall be made available, to the maximum extent practicable, in a manner that utilizes Afghan entities and emphasizes the participation of Afghan women and directly improves the security, economic and social well-being, and political status, of Afghan women and girls.(b) Assistance for Women and Girls.—(1) Funds appropriated in this title for assistance for Afghanistan shall comply with sections 7062 and 7063 of Public Law 111–8, and shall be made available to support programs that increase participation by women in the political process, including at the national, provincial, and sub-provincial levels, and in efforts to improve security in Afghanistan.(2) Of the funds appropriated for assistance for Afghanistan in fiscal year 2009 under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $150,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, including for the Afghan Independent Human Rights Commission, the Afghan Ministry of Women’s Affairs, and for women-led nongovernmental organizations.(c) Procurement of Afghan Products and Services.—(1) In general.—Funds made available for assistance for Afghanistan in this title and in prior acts appropriating funds for Department of State, foreign operations, and related programs, may be used to conduct procurements and to award assistance instruments in which—(A) competition is limited to products, services, or sources that are from Afghanistan;(B) procedures other than competitive procedures are used to award a contract or assistance instrument to a particular source or sources from Afghanistan; or123 STAT. 1897(C) a preference is provided for products, services, or sources that are from Afghanistan.(2) Products, services, and sources from afghanistan.—For the purposes of this section:(A) A product is from Afghanistan if it is mined, produced, or manufactured in Afghanistan.(B) A service is from Afghanistan if it is performed in Afghanistan by citizens or permanent resident aliens of Afghanistan.(C) A source is from Afghanistan if it—(i) is located in Afghanistan; and(ii) offers products or services that are from Afghanistan.(3) Reporting and consulting requirement.—Not less than 180 days after enactment of this Act the Secretary of State shall submit a report to the Committees on Appropriations on efforts undertaken by the Department of State and the United States Agency for International Development (USAID) to utilize this authority in order to enhance participation by Afghan entities in development activities in Afghanistan: Provided, That the Secretary of State and the Administrator of USAID shall consult with the Committees on Appropriations regarding the exercise of the authority of this subsection and prior to submitting the report required by this paragraph: Provided further, That the exercise of such authority in excess of $15,000,000 for any single contract or assistance instrument is subject to the regular notification procedures of the Committees on Appropriations.(d) Anticorruption.—Ten percent of the funds appropriated under the heading “International Narcotics Control and Law Enforcement” that are available for assistance for the Government of Afghanistan shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that the Government of Afghanistan is implementing a policy to promptly remove from office any government official who is credibly alleged to have engaged in narcotics trafficking, gross violations of human rights, or other major crimes.(e) Acquisition of Property.—Not more than $20,000,000 of the funds appropriated in this title should be made available to pay for the acquisition of property for diplomatic facilities in Afghanistan.(f) United Nations Development Program.—Funds appropriated in this title may be made available for programs and activities of the United Nations Development Program (UNDP) in Afghanistan if the Secretary of State reports to the Committees on Appropriations that UNDP is fully cooperating with efforts of the United States Agency for International Development (USAID) to investigate expenditures by UNDP of USAID funds associated with the Quick Impact Program in Afghanistan.(g) National Solidarity Program.—Of the funds appropriated in this title under the heading “Economic Support Fund” that are available for assistance for Afghanistan, not less than $70,000,000 shall be made available for the National Solidarity Program.(h) Airwings.—The uses and oversight of aircraft purchased or leased by the Department of State and the United States Agency for International Development by funds appropriated by this Act 123 STAT. 1898 or prior Acts making appropriations for the Department of State, foreign operations and related programs shall be coordinated under the authority of the United States Chief of Mission in Afghanistan: Provided, That such aircraft may be used to transport Federal and non-Federal personnel supporting the Department of State and United States Agency for International Development programs and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis.