Page:United States Statutes at Large Volume 124.djvu/2352

124 STAT. 2326 PUBLIC LAW 111–212—JULY 29, 2010 (b) Funds appropriated in this chapter and in prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ that are available for assistance for Afghanistan may be obligated only if the Secretary of State reports to the Committees on Appropria- tions that prior to the disbursement of funds, representatives of the Afghan national, provincial or local government, local commu- nities and civil society organizations, as appropriate, will be con- sulted and participate in the design of programs, projects, and activities, and following such disbursement will participate in implementation and oversight, and progress will be measured against specific benchmarks. (c)(1) Funds appropriated in this chapter may be made available for assistance for the Government of Afghanistan only if the Sec- retary of State determines and reports to the Committees on Appro- priations that the Government of Afghanistan is— (A) cooperating with United States reconstruction and reform efforts; (B) demonstrating a commitment to accountability by removing corrupt officials, implementing fiscal transparency and other necessary reforms of government institutions, and facilitating active public engagement in governance and over- sight of public resources; and (C) respecting the internationally recognized human rights of Afghan women. (2) If at any time after making the determination required in paragraph (1) the Secretary receives credible information that the factual basis for such determination no longer exists, the Sec- retary should suspend assistance and promptly inform the relevant Afghan authorities that such assistance is suspended until sufficient factual basis exists to support the determination. (d) Funds appropriated in this chapter and in prior Acts that are available for assistance for Afghanistan may be made available to support reconciliation with, or reintegration of, former combat- ants only if the Secretary of State determines and reports to the Committees on Appropriations that— (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 women’s internationally recognized human rights are protected in such process; and (2) such funds will not be used to support any pardon, immunity from prosecution or amnesty, 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. (e) Funds appropriated in this chapter that are available for assistance for Afghanistan may be made available to support the work of the Independent Electoral Commission and the Electoral Complaints Commission in Afghanistan only if the Secretary of State determines and reports to the Committees on Appropriations that— (1) the Independent Electoral Commission has no members or other employees who participated in, or helped to cover Determination. Determination. Determination.