[111th Congress Public Law 73]
[From the U.S. Government Printing Office]
[[Page 2059]]
ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 2009
[[Page 123 STAT. 2060]]
Public Law 111-73
111th Congress
An Act
To authorize appropriations for fiscal years 2010 through 2014 to
promote an enhanced strategic partnership with Pakistan and its people,
and for other purposes. <<NOTE: Oct. 15, 2009 - [S. 1707]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Enhanced Partnership with Pakistan Act of 2009. 22
USC 8401 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Enhanced
Partnership with Pakistan Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of principles.
TITLE I--DEMOCRATIC, ECONOMIC, AND DEVELOPMENT ASSISTANCE FOR PAKISTAN
Sec. 101. Authorization of assistance.
Sec. 102. Authorization of appropriations.
Sec. 103. Auditing.
TITLE II--SECURITY ASSISTANCE FOR PAKISTAN
Sec. 201. Purposes of assistance.
Sec. 202. Authorization of assistance.
Sec. 203. Limitations on certain assistance.
Sec. 204. Pakistan Counterinsurgency Capability Fund.
Sec. 205. Requirements for civilian control of certain assistance.
TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS
Sec. 301. Strategy Reports.
Sec. 302. Monitoring Reports.
SEC. 2. <<NOTE: 22 USC 8401.>> DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
otherwise provided in this Act, the term ``appropriate
congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Counterinsurgency.--The term ``counterinsurgency'' means
efforts to defeat organized movements that seek to overthrow the
duly constituted Governments of Pakistan and Afghanistan through
violent means.
(3) Counterterrorism.--The term ``counterterrorism'' means
efforts to combat al Qaeda and other foreign terrorist
[[Page 123 STAT. 2061]]
organizations that are designated by the Secretary of State in
accordance with section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189), or other individuals and entities engaged
in terrorist activity or support for such activity.
(4) FATA.--The term ``FATA'' means the Federally
Administered Tribal Areas of Pakistan.
(5) Frontier crimes regulation.--The term ``Frontier Crimes
Regulation'' means the Frontier Crimes Regulation, codified
under British law in 1901, and applicable to the FATA.
(6) Impact evaluation research.--The term ``impact
evaluation research'' means the application of research methods
and statistical analysis to measure the extent to which change
in a population-based outcome can be attributed to program
intervention instead of other environmental factors.
(7) Major defense equipment.--The term ``major defense
equipment'' has the meaning given the term in section 47(6) of
the Arms Export Control Act (22 U.S.C. 2794(6)).
(8) NWFP.--The term ``NWFP'' means the North West Frontier
Province of Pakistan, which has Peshawar as its provincial
capital.
(9) Operations research.--The term ``operations research''
means the application of social science research methods,
statistical analysis, and other appropriate scientific methods
to judge, compare, and improve policies and program outcomes,
from the earliest stages of defining and designing programs
through their development and implementation, with the objective
of the rapid dissemination of conclusions and concrete impact on
programming.
(10) Security forces of pakistan.--The term ``security
forces of Pakistan'' means the military and intelligence
services of the Government of Pakistan, including the Armed
Forces, Inter-Services Intelligence Directorate, Intelligence
Bureau, police forces, levies, Frontier Corps, and Frontier
Constabulary.
(11) Security-related assistance.--The term ``security-
related assistance''--
(A) means--
(i) grant assistance to carry out section 23
of the Arms Export Control Act (22 U.S.C. 2763);
and
(ii) assistance under chapter 2 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2311
et. seq); but
(B) does not include--
(i) assistance authorized to be appropriated
or otherwise made available under any provision of
law that is funded from accounts within budget
function 050 (National Defense); and
(ii) amounts appropriated or otherwise
available to the Pakistan Counterinsurgency
Capability Fund established under the Supplemental
Appropriations Act, 2009 (Public Law 111-32).
SEC. 3. <<NOTE: 22 USC 8402.>> FINDINGS.
Congress finds the following:
(1) The people of the Islamic Republic of Pakistan and the
United States share a long history of friendship and comity, and
the interests of both nations are well-served by strengthening
and deepening this friendship.
[[Page 123 STAT. 2062]]
(2) Since 2001, the United States has contributed more than
$15,000,000,000 to Pakistan, of which more than $10,000,000,000
has been security-related assistance and direct payments.
(3) With the free and fair election of February 18, 2008,
Pakistan returned to civilian rule, reversing years of political
tension and mounting popular concern over military rule and
Pakistan's own democratic reform and political development.
(4) Pakistan is a major non-NATO ally of the United States
and has been a valuable partner in the battle against al Qaeda
and the Taliban, but much more remains to be accomplished by
both nations.
(5) The struggle against al Qaeda, the Taliban, and
affiliated terrorist groups has led to the deaths of several
thousand Pakistani civilians and members of the security forces
of Pakistan over the past seven years.
(6) Despite killing or capturing hundreds of al Qaeda
operatives and other terrorists--including major al Qaeda
leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and
Abu Faraj al-Libi--the FATA, parts of the NWFP, Quetta in
Balochistan, and Muridke in Punjab remain a sanctuary for al
Qaeda, the Afghan Taliban, the Terikh-e Taliban and affiliated
groups from which these groups organize terrorist actions
against Pakistan and other countries.
(7) The security forces of Pakistan have struggled to
contain a Taliban-backed insurgency, recently taking direct
action against those who threaten Pakistan's security and
stability, including military operations in the FATA and the
NWFP.
(8) On March 27, 2009, President Obama noted, ``Multiple
intelligence estimates have warned that al Qaeda is actively
planning attacks on the United States homeland from its safe-
haven in Pakistan.''.
(9) According to a Government Accountability Office report
(GAO-08-622), ``since 2003, the [A]dministration's national
security strategies and Congress have recognized that a
comprehensive plan that includes all elements of national
power--diplomatic, military, intelligence, development
assistance, economic, and law enforcement support--was needed to
address the terrorist threat emanating from the FATA'' and that
such a strategy was also mandated by section 7102(b)(3) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 22 U.S.C. 2656f note) and section 2042(b)(2) of the
Implementing the Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53; 22 U.S.C. 2375 note).
(10) During 2008 and 2009, the people of Pakistan have been
especially hard hit by rising food and commodity prices and
severe energy shortages, with \2/3\ of the population living on
less than $2 a day and \1/5\ of the population living below the
poverty line according to the United Nations Development
Program.
(11) Economic growth is a fundamental foundation for human
security and national stability in Pakistan, a country with more
than 175,000,000 people, an annual population growth rate of two
percent, and a ranking of 136 out of 177 countries in the United
Nations Human Development Index.
[[Page 123 STAT. 2063]]
(12) The 2009 Pakistani military offensive in the NWFP and
the FATA displaced millions of residents in one of the gravest
humanitarian crises Pakistan has faced, and despite the heroic
efforts of Pakistanis to respond to the needs of the displaced
millions and facilitate the return of many, it has highlighted
the need for Pakistan to develop an effective national
counterinsurgency strategy.
SEC. 4. <<NOTE: 22 USC 8403.>> STATEMENT OF PRINCIPLES.
Congress declares that the relationship between the United States
and Pakistan should be based on the following principles:
(1) Pakistan is a critical friend and ally to the United
States, both in times of strife and in times of peace, and the
two countries share many common goals, including combating
terrorism and violent radicalism, solidifying democracy and rule
of law in Pakistan, and promoting the social and economic
development of Pakistan.
(2) United States assistance to Pakistan is intended to
supplement, not supplant, Pakistan's own efforts in building a
stable, secure, and prosperous Pakistan.
(3) The United States requires a balanced, integrated,
countrywide strategy for Pakistan that provides assistance
throughout the country and does not disproportionately focus on
security-related assistance or one particular area or province.
(4) The United States supports Pakistan's struggle against
extremist elements and recognizes the profound sacrifice made by
Pakistan in the fight against terrorism, including the loss of
more than 1,900 soldiers and police since 2001 in combat with al
Qaeda, the Taliban, and other extremist and terrorist groups.
(5) The United States intends to work with the Government of
Pakistan--
(A) to build mutual trust and confidence by actively
and consistently pursuing a sustained, long-term,
multifaceted relationship between the two countries,
devoted to strengthening the mutual security, stability,
and prosperity of both countries;
(B) to support the people of Pakistan and their
democratic government in their efforts to consolidate
democracy, including strengthening Pakistan's
parliament, helping Pakistan reestablish an independent
and transparent judicial system, and working to extend
the rule of law in all areas in Pakistan;
(C) to promote sustainable long-term development and
infrastructure projects, including in healthcare,
education, water management, and energy programs, in all
areas of Pakistan, that are sustained and supported by
each successive democratic government in Pakistan;
(D) to ensure that all the people of Pakistan,
including those living in areas governed by the Frontier
Crimes Regulation, have access to public, modernized
education and vocational training to enable them to
provide for themselves, for their families, and for a
more prosperous future for their children;
(E) to support the strengthening of core curricula
and the quality of schools across Pakistan, including
madrassas, in order to improve the prospects for
Pakistani children's
[[Page 123 STAT. 2064]]
futures and eliminate incitements to violence and
intolerance;
(F) to encourage and promote public-private
partnerships in Pakistan in order to bolster ongoing
development efforts and strengthen economic prospects,
especially with respect to opportunities to build civic
responsibility and professional skills of the people of
Pakistan, including support for institutions of higher
learning with international accreditation;
(G) to expand people-to-people engagement between
the two countries, through increased educational,
technical, and cultural exchanges and other methods;
(H) to encourage the development of local analytical
capacity to measure program effectiveness and progress
on an integrated basis, especially across the areas of
United States assistance and payments to Pakistan, and
increase accountability for how such assistance and
payments are being spent;
(I) to assist Pakistan's efforts to improve
counterterrorism financing and anti-money laundering
regulatory structure in order to achieve international
standards and encourage Pakistan to apply for
``Financial Action Task Force'' observer status and
adhere to the United Nations International Convention
for the Suppression of the Financing of Terrorism;
(J) to strengthen Pakistan's counterinsurgency and
counterterrorism strategy to help prevent any territory
of Pakistan from being used as a base or conduit for
terrorist attacks in Pakistan or elsewhere;
(K) to strengthen Pakistan's efforts to develop
strong and effective law enforcement and national
defense forces under civilian leadership;
(L) to achieve full cooperation in matters of
counter-proliferation of nuclear materials and related
networks;
(M) to strengthen Pakistan's efforts to gain control
of its under-governed areas and address the threat posed
by any person or group that conducts violence, sabotage,
or other terrorist activities in Pakistan or its
neighboring countries; and
(N) to explore means to consult with and utilize the
relevant expertise and skills of the Pakistani-American
community.
TITLE I--DEMOCRATIC, ECONOMIC, AND DEVELOPMENT ASSISTANCE FOR PAKISTAN
SEC. 101. <<NOTE: 22 USC 8411.>> AUTHORIZATION OF ASSISTANCE.
(a) In General.--The President is authorized to provide assistance
to Pakistan--
(1) to support the consolidation of democratic institutions;
(2) to support the expansion of rule of law, build the
capacity of government institutions, and promote respect for
internationally-recognized human rights;
[[Page 123 STAT. 2065]]
(3) to promote economic freedoms and sustainable economic
development;
(4) to support investment in people, including those
displaced in on-going counterinsurgency operations; and
(5) to strengthen public diplomacy.
(b) Activities Supported.--Activities that may be supported by
assistance under subsection (a) include the following:
(1) To support democratic institutions in Pakistan in order
to strengthen civilian rule and long-term stability, including
assistance such as--
(A) support for efforts to strengthen Pakistan's
institutions, including the capacity of the National
Parliament of Pakistan, such as enhancing the capacity
of committees to oversee government activities,
including national security issues, enhancing the
ability of members of parliament to respond to
constituents, and supporting of parliamentary
leadership;
(B) support for voter education and civil society
training as well as appropriate support for political
party capacity building and responsiveness to the needs
of all the people of Pakistan; and
(C) support for strengthening the capacity of the
civilian Government of Pakistan to carry out its
responsibilities at the national, provincial, and local
levels.
(2) To support Pakistan's efforts to expand rule of law,
build the capacity, transparency, and trust in government
institutions, and promote internationally recognized human
rights, including assistance such as--
(A) supporting the establishment of frameworks that
promote government transparency and criminalize
corruption in both the government and private sector;
(B) support for police professionalization,
including training regarding use of force, human rights,
and community policing;
(C) support for independent, efficient, and
effective judicial and criminal justice systems, such as
case management, training, and efforts to enhance the
rule of law to all areas in Pakistan;
(D) support for the implementation of legal and
political reforms in the FATA;
(E) support to counter the narcotics trade;
(F) support for internationally recognized human
rights, including strengthening civil society and
nongovernmental organizations working in the area of
internationally recognized human rights, as well as
organizations that focus on protection of women and
girls, promotion of freedom of religion and religious
tolerance, and protection of ethnic or religious
minorities; and
(G) support for promotion of a responsible, capable,
and independent media.
(3) To support economic freedom and economic development in
Pakistan, including--
(A) programs that support sustainable economic
growth, including in rural areas, and the sustainable
management of natural resources through investments in
water resource management systems;
[[Page 123 STAT. 2066]]
(B) expansion of agricultural and rural development,
such as farm-to-market roads, systems to prevent
spoilage and waste, and other small-scale infrastructure
improvements;
(C) investments in energy, including energy
generation and cross-border infrastructure projects with
Afghanistan;
(D) employment generation, including increasing
investment in infrastructure projects, including
construction of roads and the continued development of a
national aviation industry and aviation infrastructure,
as well as support for small and medium enterprises;
(E) worker rights, including the right to form labor
unions and legally enforce provisions safeguarding the
rights of workers and local community stakeholders;
(F) access to microfinance for small business
establishment and income generation, particularly for
women; and
(G) countering radicalization by providing economic,
social, educational, and vocational opportunities and
life-skills training to at-risk youth.
(4) To support investments in people, particularly women and
children, including--
(A) promoting modern, public primary and secondary
education and vocational and technical training,
including programs to assist in the development of
modern, nationwide school curriculums for public,
private, and religious schools; support for the proper
oversight of all educational institutions, including
religious schools, as required by Pakistani law;
initiatives to enhance access to education and
vocational and technical training for women and girls
and to increase women's literacy, with a special
emphasis on helping girls stay in school; and
construction and maintenance of libraries and public
schools;
(B) programs relating to higher education to ensure
a breadth and consistency of Pakistani graduates,
including through public-private partnerships;
(C) improving quality public health to eliminate
diseases such as hepatitis and to reduce maternal and
under-five mortality rates;
(D) building capacity for nongovernmental and civil
society organizations, particularly organizations with
demonstrated experience in delivering services to the
people of Pakistan, particularly to women, children, and
other vulnerable populations; and
(E) support for refugees and internally displaced
persons and long-term development in regions of Pakistan
where internal conflict has caused large-scale
displacement.
(5) To strengthen public diplomacy to combat militant
extremism and promote a better understanding of the United
States, including--
(A) encouraging civil society, respected scholars,
and other leaders to speak out against militancy and
violence; and
(B) expanded exchange activities under the Fulbright
Program, the International Visitor Leadership Program,
the Youth Exchange and Study Program, and related
programs administered by the Department of State
designed to promote mutual understanding and interfaith
dialogue
[[Page 123 STAT. 2067]]
and expand sister institution programs between United
States and Pakistani schools and universities.
(c) Additional and Related Activities.--
(1) Availability of amounts for pakistani police
professionalization, equipping, and training.--Not less than
$150,000,000 of the amounts appropriated for fiscal year 2010
pursuant to the authorization of appropriations under section
102 should be made available for assistance to Pakistan under
this section for police professionalization, equipping, and
training.
(2) Availability of amounts for administrative expenses.--Up
to $10,000,000 of the amounts appropriated for each fiscal year
pursuant to the authorization of appropriations under section
102 may be made available for administrative expenses of
civilian departments and agencies of the United States
Government in connection with the provision of assistance under
this section. Such amounts shall be in addition to amounts
otherwise available for such purposes.
(3) Utilizing pakistani organizations.--The President is
encouraged, as appropriate, to utilize Pakistani firms and
community and local nongovernmental organizations in Pakistan,
including through host country contracts, and to work with local
leaders to provide assistance under this section.
(4) Use of direct expenditures.--Amounts appropriated for
each fiscal year pursuant to the authorization of appropriations
under section 102 or otherwise made available to carry out this
section shall be utilized to the maximum extent possible as
direct expenditures for projects and programs, subject to
existing reporting and notification requirements.
(5) Chief of mission fund.--Of the amounts appropriated for
each fiscal year pursuant to the authorization of appropriations
under section 102, up to $5,000,000 may be used by the Secretary
of State to establish a fund for use by the Chief of Mission in
Pakistan to provide assistance to Pakistan under this title or
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to
address urgent needs or opportunities, consistent with the
purposes of this section, or for purposes of humanitarian
relief. The fund established pursuant to this paragraph may be
referred to as the ``Chief of Mission Fund''.
(6) Sense of congress.--It is the sense of Congress that--
(A) the United States should provide robust
assistance to the people of Pakistan who have been
displaced as a result of ongoing conflict and violence
in Pakistan and support international efforts to
coordinate assistance to refugees and internally
displaced persons in Pakistan, including by providing
support to international and nongovernmental
organizations for this purpose;
(B) the Administrator of the United States Agency
for International Development should support the
development objectives of the Refugee Affected and Host
Areas (RAHA) Initiative in Pakistan to address
livelihoods, health, education, infrastructure
development, and environmental restoration in identified
parts of the country where Afghan refugees have lived;
and
[[Page 123 STAT. 2068]]
(C) the United States should have a coordinated,
strategic communications strategy to engage the people
of Pakistan and to help ensure the success of the
measures authorized by this title.
(d) <<NOTE: President. Deadline.>> Notification.--For fiscal years
2010 through 2014, the President shall notify the appropriate
congressional committees not later than 15 days before obligating any
assistance under this section as budgetary support to the Government of
Pakistan or any element of the Government of Pakistan and shall include
in such notification a description of the purpose and conditions
attached to any such budgetary support.
SEC. 102. <<NOTE: 22 USC 8412.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President, for the purposes of providing assistance to Pakistan under
this title and to provide assistance to Pakistan under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), up to $1,500,000,000
for each of the fiscal years 2010 through 2014.
(b) Availability of Funds.--
(1) In general.--Of the amounts appropriated in each fiscal
year pursuant to the authorization of appropriations in
subsection (a)--
(A) <<NOTE: Reports.>> none of the amounts
appropriated for assistance to Pakistan may be made
available after the date that is 60 days after the date
of the enactment of this Act unless the Pakistan
Assistance Strategy Report has been submitted to the
appropriate congressional committees pursuant to section
301(a); and
(B) not more than $750,000,000 may be made available
for assistance to Pakistan unless the President's
Special Representative to Afghanistan and Pakistan
submits to the appropriate congressional committees
during such fiscal year--
(i) <<NOTE: Certification.>> a certification
that assistance provided to Pakistan under this
title or the Foreign Assistance Act of 1961 to
date has made or is making reasonable progress
toward achieving the principal objectives of
United States assistance to Pakistan contained in
the Pakistan Assistance Strategy Report; and
(ii) <<NOTE: Memorandum.>> a memorandum
explaining the reasons justifying the
certification described in clause (i).
(2) Maker of certification.--In the event of a vacancy in,
or the termination of, the position of the President's Special
Representative to Afghanistan and Pakistan, the certification
and memorandum described under paragraph (1)(B) may be made by
the Secretary of State.
(c) <<NOTE: Determination. Certification.>> Waiver.--The Secretary
of State may waive the limitations in subsection (b) if the Secretary
determines, and certifies to the appropriate congressional committees,
that it is in the national security interests of the United States to do
so.
(d) Sense of Congress on Foreign Assistance Funds.--It is the sense
of Congress that, subject to an improving political and economic climate
in Pakistan, there should be authorized to be appropriated up to
$1,500,000,000 for each of the fiscal years 2015 through 2019 for the
purpose of providing assistance to Pakistan under the Foreign Assistance
Act of 1961.
[[Page 123 STAT. 2069]]
SEC. 103. <<NOTE: 22 USC 8413.>> AUDITING.
(a) Assistance Authorized.--The Inspector General of the Department
of State, the Inspector General of the United States Agency for
International Development, and the inspectors general of other Federal
departments and agencies (other than the Inspector General of the
Department of Defense) carrying out programs, projects, and activities
using amounts appropriated to carry out this title shall audit,
investigate, and oversee the obligation and expenditure of such amounts.
(b) Authorization for In-Country Presence.--The Inspector General of
the Department of State and the Inspector General of the United States
Agency for International Development, after consultation with the
Secretary of State and the Administrator of the United States Agency for
International Development, are authorized to establish field offices in
Pakistan with sufficient staff from each of the Offices of the Inspector
General, respectively, to carry out subsection (a).
(c) Authorization of Appropriations.--
(1) In general.--Of the amounts authorized to be
appropriated under section 102 for each of the fiscal years 2010
through 2014, up to $30,000,000 for each fiscal year is
authorized to be made available to carry out this section.
(2) Relation to other available funds.--Amounts made
available under paragraph (1) are in addition to amounts
otherwise available for such purposes.
TITLE II--SECURITY ASSISTANCE FOR PAKISTAN
SEC. 201. <<NOTE: 22 USC 8421.>> PURPOSES OF ASSISTANCE.
The purposes of assistance under this title are--
(1) to support Pakistan's paramount national security need
to fight and win the ongoing counterinsurgency within its
borders in accordance with its national security interests;
(2) to work with the Government of Pakistan to improve
Pakistan's border security and control and help prevent any
Pakistani territory from being used as a base or conduit for
terrorist attacks in Pakistan, or elsewhere;
(3) to work in close cooperation with the Government of
Pakistan to coordinate action against extremist and terrorist
targets; and
(4) to help strengthen the institutions of democratic
governance and promote control of military institutions by a
democratically elected civilian government.
SEC. 202. <<NOTE: 22 USC 8422.>> AUTHORIZATION OF ASSISTANCE.
(a) International Military Education and Training.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2010
through 2014 for assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating
to international military education and training) for Pakistan,
including expanded international military education and training
(commonly known as ``E-IMET'').
(2) Use of funds.--It is the sense of Congress that a
substantial amount of funds made available to carry out this
[[Page 123 STAT. 2070]]
subsection for a fiscal year should be used to pay for courses
of study and training in counterinsurgency and civil-military
relations.
(b) Foreign Military Financing Program.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2010
through 2014 for grant assistance under section 23 of the Arms
Export Control Act (22 U.S.C. 2763; relating to the Foreign
Military Financing program) for the purchase of defense
articles, defense services, and military education and training
for Pakistan.
(2) Use of funds.--
(A) In general.--A significant portion of the amount
made available to carry out this subsection for a fiscal
year shall be for the purchase of defense articles,
defense services, and military education and training
for activities relating to counterinsurgency and
counterterrorism operations in Pakistan.
(B) Sense of congress.--It is the sense of Congress
that a significant majority of funds made available to
carry out this subsection for a fiscal year should be
used for the purpose described in subparagraph (A).
(3) Additional authority.--Except as provided in sections 3
and 102 of the Arms Export Control Act, the second section 620J
of the Foreign Assistance Act of 1961 (as added by Public Law
110-161), and any provision of an Act making appropriations for
the Department of State, foreign operations, and related
programs that restricts assistance to the government of any
country whose duly elected head of government is deposed by
military coup or decree, and except as otherwise provided in
this title, amounts authorized to be made available to carry out
paragraph (2) for fiscal years 2010 and 2011 are authorized to
be made available notwithstanding any other provision of law.
(4) Definitions.--In this section, the terms ``defense
articles'', ``defense services'', and ``military education and
training'' have the meaning given such terms in section 644 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
(c) Sense of Congress.--It is the sense of Congress that the United
States should facilitate Pakistan's establishment of a program to
provide reconstruction assistance, including through Pakistan's military
as appropriate, in areas damaged by combat operations.
(d) Exchange Program Between Military and Civilian Personnel of
Pakistan and Certain Other Countries.--
(1) In general.--The Secretary of State is authorized to
establish an exchange program between--
(A) military and civilian personnel of Pakistan; and
(B)(i) military and civilian personnel of countries
determined by the Secretary of State to be in the
process of consolidating and strengthening a democratic
form of government; or
(ii) military and civilian personnel of North
Atlantic Treaty Organization member countries,
in order to foster greater mutual respect for and understanding
of the principle of civilian rule of the military.
[[Page 123 STAT. 2071]]
(2) Elements of program.--The program authorized under
paragraph (1) may include conferences, seminars, exchanges, and
other events, distribution of publications and reimbursements of
expenses of foreign military personnel participating in the
program, including transportation, translation and
administrative expenses.
(3) Role of nongovernmental organizations.--Amounts
authorized to be appropriated to carry out this section for a
fiscal year are authorized to be made available for
nongovernmental organizations to facilitate the implementation
of the program authorized under paragraph (1).
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of the
fiscal years 2010 through 2014 to carry out the program
established by this subsection.
SEC. 203. <<NOTE: Certification. 22 USC 8423.>> LIMITATIONS ON
CERTAIN ASSISTANCE.
(a) Limitation on Security-related Assistance.--For fiscal years
2011 through 2014, no security-related assistance may be provided to
Pakistan in a fiscal year until the Secretary of State, under the
direction of the President, makes the certification required under
subsection (c) for such fiscal year.
(b) Limitation on Arms Transfers.--For fiscal years 2012 through
2014, no letter of offer to sell major defense equipment to Pakistan may
be issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et
seq.) and no license to export major defense equipment to Pakistan may
be issued pursuant to such Act in a fiscal year until the Secretary of
State, under the direction of the President, makes the certification
required under subsection (c) for such fiscal year.
(c) Certification.--The certification required by this subsection is
a certification by the Secretary of State, under the direction of the
President, to the appropriate congressional committees that--
(1) the Government of Pakistan is continuing to cooperate
with the United States in efforts to dismantle supplier networks
relating to the acquisition of nuclear weapons-related
materials, such as providing relevant information from or direct
access to Pakistani nationals associated with such networks;
(2) the Government of Pakistan during the preceding fiscal
year has demonstrated a sustained commitment to and is making
significant efforts towards combating terrorist groups,
consistent with the purposes of assistance described in section
201, including taking into account the extent to which the
Government of Pakistan has made progress on matters such as--
(A) ceasing support, including by any elements
within the Pakistan military or its intelligence agency,
to extremist and terrorist groups, particularly to any
group that has conducted attacks against United States
or coalition forces in Afghanistan, or against the
territory or people of neighboring countries;
(B) preventing al Qaeda, the Taliban and associated
terrorist groups, such as Lashkar-e-Taiba and Jaish-e-
Mohammed, from operating in the territory of Pakistan,
including carrying out cross-border attacks into
neighboring countries, closing terrorist camps in the
FATA, dismantling
[[Page 123 STAT. 2072]]
terrorist bases of operations in other parts of the
country, including Quetta and Muridke, and taking action
when provided with intelligence about high-level
terrorist targets; and
(C) strengthening counterterrorism and anti-money
laundering laws; and
(3) the security forces of Pakistan are not materially and
substantially subverting the political or judicial processes of
Pakistan.
(d) Certain Payments.--
(1) In general.--Subject to paragraph (2), none of the funds
appropriated for security-related assistance for fiscal years
2010 through 2014, or any amounts appropriated to the Pakistan
Counterinsurgency Capability Fund established under the
Supplemental Appropriations Act, 2009 (Public Law 111-32), may
be obligated or expended to make payments relating to--
(A) the Letter of Offer and Acceptance PK-D-YAD
signed between the Governments of the United States of
America and Pakistan on September 30, 2006;
(B) the Letter of Offer and Acceptance PK-D-NAP
signed between the Governments of the United States of
America and Pakistan on September 30, 2006; and
(C) the Letter of Offer and Acceptance PK-D-SAF
signed between the Governments of the United States of
America and Pakistan on September 30, 2006.
(2) Exception.--Funds appropriated for security-related
assistance for fiscal years 2010 through 2014 may be used for
construction and related activities carried out pursuant to the
Letters of Offer and Acceptance described in paragraph (1).
(e) Waiver.--
(1) In general.--The Secretary of State, under the direction
of the President, may waive the limitations contained in
subsections (a), (b), and (d) for a fiscal year if the Secretary
of State determines that is important to the national security
interests of the United States to do so.
(2) Prior notice of waiver.--The Secretary of State, under
the direction of the President, may not exercise the authority
of paragraph (1) until 7 days after the Secretary of State
provides to the appropriate congressional committees a written
notice of the intent to issue to waiver and the reasons
therefor. The notice may be submitted in classified or
unclassified form, as necessary.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Oversight and Government Reform, and
the Permanent Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate.
SEC. 204. <<NOTE: 22 USC 8424.>> PAKISTAN COUNTERINSURGENCY
CAPABILITY FUND.
(a) For Fiscal Year 2010.--
[[Page 123 STAT. 2073]]
(1) In general.--For fiscal year 2010, the Department of
State's Pakistan Counterinsurgency Capability Fund established
under the Supplemental Appropriations Act, 2009 (Public Law 111-
32), hereinafter in this section referred to as the ``Fund'',
shall consist of the following:
(A) Amounts appropriated to carry out this
subsection (which may not include any amounts
appropriated to carry out title I of this Act).
(B) Amounts otherwise available to the Secretary of
State to carry out this subsection.
(2) Purposes of fund.--Amounts in the Fund made available to
carry out this subsection for any fiscal year are authorized to
be used by the Secretary of State, with the concurrence of the
Secretary of Defense, to build and maintain the
counterinsurgency capability of Pakistan under the same terms
and conditions (except as otherwise provided in this subsection)
that are applicable to amounts made available under the Fund for
fiscal year 2009.
(3) Transfer authority.--
(A) In general.--The Secretary of State is
authorized to transfer amounts in the Fund made
available to carry out this subsection for any fiscal
year to the Department of Defense's Pakistan
Counterinsurgency Fund established under the
Supplemental Appropriations Act, 2009 (Public Law 111-
32) and such amounts may be transferred back to the Fund
if the Secretary of Defense, with the concurrence of the
Secretary of State, determines that such amounts are not
needed for the purposes for which initially transferred.
(B) Treatment of transferred funds.--Subject to
subsections (d) and (e) of section 203, transfers from
the Fund under the authority of subparagraph (A) shall
be merged with and be available for the same purposes
and for the same time period as amounts in the
Department of Defense's Pakistan Counterinsurgency Fund.
(C) Relation to other authorities.--The authority to
provide assistance under this subsection is in addition
to any other authority to provide assistance to foreign
countries.
(D) <<NOTE: Deadline.>> Notification.--The
Secretary of State shall, not less than 15 days prior to
making transfers from the Fund under subparagraph (A),
notify the appropriate congressional committees in
writing of the details of any such transfer.
(b) Submission of Notifications.--Any notification required by this
section may be submitted in classified or unclassified form, as
necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.
[[Page 123 STAT. 2074]]
SEC. 205. <<NOTE: 22 USC 8425.>> REQUIREMENTS FOR CIVILIAN
CONTROL OF CERTAIN ASSISTANCE.
(a) Requirements.--
(1) In general.--For fiscal years 2010 through 2014, any
direct cash security-related assistance or non-assistance
payments by the United States to the Government of Pakistan may
only be provided or made to civilian authorities of a civilian
government of Pakistan.
(2) Documentation.--For fiscal years 2010 through 2014, the
Secretary of State, in coordination with the Secretary of
Defense, shall ensure that civilian authorities of a civilian
government of Pakistan have received a copy of final
documentation provided to the United States related to non-
assistance payments provided or made to the Government of
Pakistan.
(b) <<NOTE: Certification.>> Waiver.--
(1) Security-related assistance.--The Secretary of State, in
consultation with the Secretary of Defense, may waive the
requirements of subsection (a) with respect to security-related
assistance described in subsection (a) funded from accounts
within budget function 150 (International Affairs) if the
Secretary of State certifies to the appropriate congressional
committees that the waiver is important to the national security
interest of the United States.
(2) Non-assistance payments.--The Secretary of Defense, in
consultation with the Secretary of State, may waive the
requirements of subsection (a) with respect to non-assistance
payments described in subsection (a) funded from accounts within
budget function 050 (National Defense) if the Secretary of
Defense certifies to the appropriate congressional committees
that the waiver is important to the national security interest
of the United States.
(c) Application to Certain Activities.--Nothing in this section
shall apply with respect to--
(1) any activities subject to reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.);
(2) any assistance to promote democratic elections or public
participation in democratic processes;
(3) <<NOTE: Determination. Certification.>> any assistance
or payments if the Secretary of State determines and certifies
to the appropriate congressional committees that subsequent to
the termination of assistance or payments a democratically
elected government has taken office;
(4) any assistance or payments made pursuant to section 1208
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as
amended;
(5) any payments made pursuant to the Acquisition and Cross-
Servicing Agreement between the Department of Defense of the
United States of America and the Ministry of Defense of the
Islamic Republic of Pakistan; and
(6) any assistance or payments made pursuant to section 943
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578).
(d) Definitions.--In this section--
[[Page 123 STAT. 2075]]
(1) the term ``appropriate congressional committees'' means
the Committees on Appropriations, Armed Services, and Foreign
Affairs of the House of Representatives and the Committees on
Appropriations, Armed Services, and Foreign Relations of the
Senate; and
(2) the term ``civilian government of Pakistan'' does not
include any government of Pakistan whose duly elected head of
government is deposed by military coup or decree.
TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS
SEC. 301. <<NOTE: 22 USC 8441.>> STRATEGY REPORTS.
(a) Pakistan Assistance Strategy Report.--Not later than 45 days
after the date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report describing
United States policy and strategy with respect to assistance to Pakistan
under this Act. The report shall include the following:
(1) A description of the principal objectives of United
States assistance to Pakistan to be provided under title I of
this Act.
(2) A general description of the specific programs,
projects, and activities designed to achieve the purposes of
section 101 and the respective funding levels for such programs,
projects, and activities for fiscal years 2010 through 2014.
(3) A plan for program monitoring, operations research, and
impact evaluation research for assistance authorized under title
I of this Act.
(4) A description of the role to be played by Pakistani
national, regional, and local officials and members of Pakistani
civil society and local private sector, civic, religious, and
tribal leaders in helping to identify and implement programs and
projects for which assistance is to be provided under this Act,
and of consultations with such representatives in developing the
strategy.
(5) A description of the steps taken, or to be taken, to
ensure assistance provided under this Act is not awarded to
individuals or entities affiliated with terrorist organizations.
(6) A projection of the levels of assistance to be provided
to Pakistan under this Act, broken down into the following
categories as described in the annual ``Report on the Criteria
and Methodology for Determining the Eligibility of Candidate
Countries for Millennium Challenge Account Assistance'':
(A) Civil liberties.
(B) Political rights.
(C) Voice and accountability.
(D) Government effectiveness.
(E) Rule of law.
(F) Control of corruption.
(G) Immunization rates.
(H) Public expenditure on health.
(I) Girls' primary education completion rate.
(J) Public expenditure on primary education.
[[Page 123 STAT. 2076]]
(K) Natural resource management.
(L) Business start-up.
(M) Land rights and access.
(N) Trade policy.
(O) Regulatory quality.
(P) Inflation control.
(Q) Fiscal policy.
(7) An analysis for the suitable replacement for existing
Pakistani helicopters, including recommendations for sustainment
and training.
(b) Comprehensive Regional Strategy Report.--
(1) Sense of congress.--It is the sense of Congress that the
achievement of United States national security goals to
eliminate terrorist threats and close safe havens in Pakistan
requires the development of a comprehensive plan that utilizes
all elements of national power, including in coordination and
cooperation with other concerned governments, and that it is
critical to Pakistan's long-term prosperity and security to
strengthen regional relationships among India, Pakistan, and
Afghanistan.
(2) <<NOTE: President.>> Comprehensive regional security
strategy.--The President shall develop a comprehensive
interagency regional security strategy to eliminate terrorist
threats and close safe havens in Pakistan, including by working
with the Government of Pakistan and other relevant governments
and organizations in the region and elsewhere, as appropriate,
to best implement effective counterinsurgency and
counterterrorism efforts in and near the border areas of
Pakistan and Afghanistan, including the FATA, the NWFP, parts of
Balochistan, and parts of Punjab.
(3) Report.--
(A) <<NOTE: President.>> In general.--Not later
than 180 days after the date of the enactment of this
Act, the President shall submit to the appropriate
congressional committees a report on the comprehensive
regional security strategy required under paragraph (2).
(B) Contents.--The report shall include a copy of
the comprehensive regional security strategy, including
specifications of goals, and proposed timelines and
budgets for implementation of the strategy.
(C) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(ii) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(c) <<NOTE: Deadline.>> Security-related Assistance Plan.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate congressional
committees a plan for the proposed use of amounts authorized for
security-related assistance for each of the fiscal years 2010 through
2014. Such plan shall include an assessment of how the use of such
[[Page 123 STAT. 2077]]
amounts complements or otherwise is related to amounts described in
section 204.
SEC. 302. <<NOTE: 22 USC 8442.>> MONITORING REPORTS.
(a) Semi-Annual Monitoring Report.--Not later than 180 days after
the submission of the Pakistan Assistance Strategy Report pursuant to
section 301(a), and every 180 days thereafter through September 30,
2014, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate congressional committees a
report that describes the assistance provided under this Act during the
preceding 180-day period. The report shall include--
(1) a description of all assistance by program, project, and
activity, as well as by geographic area, provided pursuant to
title I of this Act during the period covered by the report,
including the amount of assistance provided for each program or
project, and with respect to the first report a description of
all amounts made available for assistance to Pakistan during
fiscal year 2009, including a description of each program,
project, and activity for which funds were made available;
(2) a list of persons or entities from the United States or
other countries that have received funds in excess of $100,000
to conduct projects under title I of this Act during the period
covered by the report, which may be included in a classified
annex, if necessary to avoid a security risk, and a
justification for the classification;
(3) with respect to the plan described in section 301(a)(3),
updates to such plan and a description of best practices to
improve the impact of the assistance authorized under title I of
this Act;
(4) an assessment of the effectiveness of assistance
provided under title I of this Act during the period covered by
the report in achieving desired objectives and outcomes as
guided by the plan described in section 301(a)(3), and as
updated pursuant to paragraph (3) of this subsection, including
a systematic, qualitative, and where possible, quantitative
basis for assessing whether desired outcomes are achieved and a
timeline for completion of each project and program;
(5) a description of any shortfall in United States
financial, physical, technical, or human resources that hinder
the effective use and monitoring of such funds;
(6) a description of any negative impact, including the
absorptive capacity of the region for which the resources are
intended, of United States bilateral or multilateral assistance
and recommendations for modification of funding, if any;
(7) any incidents or reports of waste, fraud, and abuse of
expenditures under title I of this Act;
(8) the amount of funds authorized to be appropriated
pursuant to section 102 that were used during the reporting
period for administrative expenses or for audits and program
reviews pursuant to the authority under sections 101(c)(2) and
103;
(9) a description of the expenditures made from any Chief of
Mission Fund established pursuant to section 101(c)(5) during
the period covered by the report, the purposes for which such
expenditures were made, and a list of the recipients of any
[[Page 123 STAT. 2078]]
expenditures from the Chief of Mission Fund in excess of
$100,000;
(10) an accounting of assistance provided to Pakistan under
title I of this Act, broken down into the categories set forth
in section 301(a)(6);
(11) an evaluation of efforts undertaken by the Government
of Pakistan to--
(A) disrupt, dismantle, and defeat al Qaeda, the
Taliban, and other extremist and terrorist groups in the
FATA and settled areas;
(B) eliminate the safe havens of such forces in
Pakistan;
(C) close terrorist camps, including those of
Lashkar-e-Taiba and Jaish-e-Mohammed;
(D) cease all support for extremist and terrorist
groups;
(E) prevent attacks into neighboring countries;
(F) increase oversight over curriculum in madrassas,
including closing madrassas with direct links to the
Taliban or other extremist and terrorist groups; and
(G) improve counterterrorism financing and anti-
money laundering laws, apply for observer status for the
Financial Action Task Force, and take steps to adhere to
the United Nations International Convention for the
Suppression of Financing of Terrorism;
(12) a detailed description of Pakistan's efforts to prevent
proliferation of nuclear-related material and expertise;
(13) an assessment of whether assistance provided to
Pakistan has directly or indirectly aided the expansion of
Pakistan's nuclear weapons program, whether by the diversion of
United States assistance or the reallocation of Pakistan's
financial resources that would otherwise be spent for programs
and activities unrelated to its nuclear weapons program;
(14) a detailed description of the extent to which funds
obligated and expended pursuant to section 202(b) meet the
requirements of such section; and
(15) an assessment of the extent to which the Government of
Pakistan exercises effective civilian control of the military,
including a description of the extent to which civilian
executive leaders and parliament exercise oversight and approval
of military budgets, the chain of command, the process of
promotion for senior military leaders, civilian involvement in
strategic guidance and planning, and military involvement in
civil administration.
(b) Government Accountability Office Reports.--
(1) Pakistan assistance strategy report.--Not later than one
year after the submission of the Pakistan Assistance Strategy
Report pursuant to section 301(a), the Comptroller General of
the United States shall submit to the appropriate congressional
committees a report that contains--
(A) a review of, and comments addressing, the
Pakistan Assistance Strategy Report;
(B) recommendations relating to any additional
actions the Comptroller General believes could help
improve the efficiency and effectiveness of United
States efforts to meet the objectives of this Act;
(C) a detailed description of the expenditures made
by Pakistan pursuant to grant assistance under section
[[Page 123 STAT. 2079]]
23 of the Arms Export Control Act (22 U.S.C. 2763;
relating to the Foreign Military Financing program); and
(D) an assessment of the impact of the assistance on
the security and stability of Pakistan.
(2) Certification report.--Not later than 120 days after the
date on which the President makes the certification described in
section 203(c) for a fiscal year, the Comptroller General of the
United States shall conduct an independent analysis of the
certification described in such section and shall submit to the
appropriate congressional committees a report containing the
results of the independent analysis.
(c) Submission.--The Secretary of State may submit the reports
required by this section in conjunction with other reports relating to
Pakistan required under other provisions of law, including sections 1116
and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 111-
32; 123 Stat. 1906 and 1907).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.
Approved October 15, 2009.
LEGISLATIVE HISTORY--S. 1707:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Sept. 24, considered and passed Senate.
Sept. 30, considered and passed House.
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