124 STAT. 4393 PUBLIC LAW 111–383—JAN. 7, 2011 SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANI- STAN. (a) AUTHORITY.—The Secretary of Defense and the Secretary of State are authorized to establish a program to develop and carry out infrastructure projects in Afghanistan in accordance with the requirements of this section. (b) FORMULATION AND EXECUTION OF PROGRAM.— (1) IN GENERAL.—The Secretary of State and the Secretary of Defense shall jointly develop any project under the program authorized under subsection (a). Except as provided in para- graph (2), the Secretary of State, in coordination with the Secretary of Defense, shall implement any project under the program authorized under subsection (a). (2) EXCEPTION.—The Secretary of Defense shall implement a project under the program authorized under subsection (a) if the Secretary of Defense and the Secretary of State jointly determine that the Secretary of Defense should implement the project. (c) TYPES OF PROJECTS.—Infrastructure projects under the pro- gram authorized under subsection (a) may include— (1) water, power, and transportation projects; and (2) other projects in support of the counterinsurgency strategy in Afghanistan. (d) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The authority to establish the program and develop and carry out infra- structure projects under subsection (a) is in addition to any other authority to provide assistance to foreign countries. (e) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— (1) IN GENERAL.—The administrative provisions of chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) shall apply to funds made available to the Sec- retary of State for purposes of carrying out infrastructure projects under the program authorized under subsection (a) to the same extent and in the same manner as such administra- tive provisions apply to funds made available to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (2) GIFTS, ETC.—The Secretary of Defense and the Secretary of State may accept and use in furtherance of the purposes of this section, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes. (f) FUNDING.— (1) IN GENERAL.—The Secretary of Defense may use up to $400,000,000 of funds made available to the Department of Defense for operation and maintenance for fiscal year 2011 to carry out the program authorized under subsection (a). (2) AVAILABILITY.—Funds made available by paragraph (1) are authorized to remain available until September 30, 2012. (g) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense shall notify the appropriate congressional committees not less than 30 days before obligating or expending funds to carry out a project or transferring funds to the Secretary of State for the purpose of implementing a project under the program authorized under subsection (a). Such notification shall be in writing and contain a description of the details of the proposed project, including— Deadline. Determination. 22 USC 7513 note.
