1.Short title; table of
contents
(a)This Act may be cited
as the Enhanced Partnership with
Pakistan Act of 2009
.
(b)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.
2.In this Act:
(1)Appropriate
congressional committeesExcept 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)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)The
term counterterrorism means efforts to combat al Qaeda and other
foreign terrorist 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)The
term FATA means the Federally Administered Tribal Areas of
Pakistan.
(5)Frontier Crimes
RegulationThe term Frontier Crimes Regulation means
the Frontier Crimes Regulation, codified under British law in 1901, and
applicable to the FATA.
(6)Impact
evaluation researchThe 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)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)The
term NWFP means the North West Frontier Province of Pakistan,
which has Peshawar as its provincial capital.
(9)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 PakistanThe 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
assistanceThe 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).
3.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.
(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.
(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.
4.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
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.
<enum>I</enum><header>Democratic,
Economic, and Development Assistance for Pakistan</header>
<section id="H8B67976AA19643E29363CE43C28C8E3B"><enum>101.</enum><header>Authorization
of assistance</header>
<subsection id="HEA9FC9D218FC42679C1924D3367F033C"><enum>(a)</enum><header>In
general</header><text>The President is authorized to provide assistance to
Pakistan—</text>
<paragraph id="HC4D75777CF8E49B786F61B7121F8D3F3"><enum>(1)</enum><text>to support the
consolidation of democratic institutions;</text>
</paragraph><paragraph id="HF761F470468245D1BBD1105F7DF41E88"><enum>(2)</enum><text>to support the
expansion of rule of law, build the capacity of government institutions, and
promote respect for internationally recognized human rights;</text>
</paragraph><paragraph id="H4AFE2D5445944B05A20CF636AB1BD788"><enum>(3)</enum><text>to promote
economic freedoms and sustainable economic development;</text>
</paragraph><paragraph id="HBA9ABC431A0B418985A58CABC897865C"><enum>(4)</enum><text>to support
investment in people, including those displaced in on-going counterinsurgency
operations; and</text>
</paragraph><paragraph id="H05294FF70F714BEAA500A9EFA3F24086"><enum>(5)</enum><text>to strengthen
public diplomacy.</text>
</paragraph></subsection><subsection id="H3CFE5645F2734A598EC8AA2DEA4195CF"><enum>(b)</enum><header>Activities
supported</header><text>Activities that may be supported by assistance under
subsection (a) include the following:</text>
<paragraph id="H6311400D8BC64A999AC35D7E2865E657"><enum>(1)</enum><text>To support
democratic institutions in Pakistan in order to strengthen civilian rule and
long-term stability, including assistance such as—</text>
<subparagraph commented="no" id="H3B51356D37D14D748D202618093ABEA0"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H496B0BC4DA534372B0C51439EF9CE48E"><enum>(B)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="H87EC910198A74F24BAE78C07F018C867"><enum>(C)</enum><text>support for
strengthening the capacity of the civilian Government of Pakistan to carry out
its responsibilities at the national, provincial, and local levels.</text>
</subparagraph></paragraph><paragraph id="H4E9F5B34E7784B2EBF628EBC1BCA0B42"><enum>(2)</enum><text>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—</text>
<subparagraph id="HF24EBFDCBD0A4290BFB51325BC2F08E1"><enum>(A)</enum><text>supporting the
establishment of frameworks that promote government transparency and
criminalize corruption in both the government and private sector;</text>
</subparagraph><subparagraph id="H0AAD39D316F34DB0939D8B84EAB531A2"><enum>(B)</enum><text>support for police
professionalization, including training regarding use of force, human rights,
and community policing;</text>
</subparagraph><subparagraph id="H76E05195D4604439B8F402BDE22169EB"><enum>(C)</enum><text>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;</text>
</subparagraph><subparagraph id="H5A75AFBE5D804CA8A17520DDDDD97ACC"><enum>(D)</enum><text>support for the
implementation of legal and political reforms in the FATA;</text>
</subparagraph><subparagraph id="HFF1197D6B96F4AEFB817D2766B19BCC7"><enum>(E)</enum><text>support to counter
the narcotics trade;</text>
</subparagraph><subparagraph id="H67C5295EE0A247D68BF6FBB749ACE4C7"><enum>(F)</enum><text>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</text>
</subparagraph><subparagraph id="HA0384BC91A1A47039AC5A3C172CF2848"><enum>(G)</enum><text>support for
promotion of a responsible, capable, and independent media.</text>
</subparagraph></paragraph><paragraph id="HC7279D0D8CD84F349142C9046018A527"><enum>(3)</enum><text>To support
economic freedom and economic development in Pakistan, including—</text>
<subparagraph id="H24C32BD2ADE94063BA828A8A65A38AD5"><enum>(A)</enum><text>programs that
support sustainable economic growth, including in rural areas, and the
sustainable management of natural resources through investments in water
resource management systems;</text>
</subparagraph><subparagraph id="HDA2F534507EE4CD7A62D63EE788D71EE"><enum>(B)</enum><text>expansion of
agricultural and rural development, such as farm-to-market roads, systems to
prevent spoilage and waste, and other small-scale infrastructure
improvements;</text>
</subparagraph><subparagraph id="HA40CC8D1ECC9401DA8B35C0CB774230D"><enum>(C)</enum><text>investments in
energy, including energy generation and cross-border infrastructure projects
with Afghanistan;</text>
</subparagraph><subparagraph commented="no" id="H38A4C66A11954411B91DD6433DEFDC38"><enum>(D)</enum><text>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;</text>
</subparagraph><subparagraph id="HF672685F7FEA4667B146A040BBDE8187"><enum>(E)</enum><text>worker rights,
including the right to form labor unions and legally enforce provisions
safeguarding the rights of workers and local community stakeholders;</text>
</subparagraph><subparagraph id="H1A9429CFF3CE4DD398B85CF05624E71A"><enum>(F)</enum><text>access to
microfinance for small business establishment and income generation,
particularly for women; and</text>
</subparagraph><subparagraph id="HCB57F715CF06472989244FECE37C46B4"><enum>(G)</enum><text>countering
radicalization by providing economic, social, educational, and vocational
opportunities and life-skills training to at-risk youth.</text>
</subparagraph></paragraph><paragraph commented="no" id="HE1C7D0DD941F45AC9D21A8DB203F0A3E"><enum>(4)</enum><text>To support
investments in people, particularly women and children, including—</text>
<subparagraph commented="no" id="H677F7107F6234B9DB632A61DFC11F776"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph commented="no" id="H5DCDD99FD80F44639B0F6137957B0622"><enum>(B)</enum><text>programs relating
to higher education to ensure a breadth and consistency of Pakistani graduates,
including through public-private partnerships;</text>
</subparagraph><subparagraph commented="no" id="H0C6BEA5FF5544B42B0871C0B3B6F6619"><enum>(C)</enum><text>improving quality
public health to eliminate diseases such as hepatitis and to reduce maternal
and under-five mortality rates;</text>
</subparagraph><subparagraph commented="no" id="H1E641AE633E3488FB451D5F910CA7977"><enum>(D)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="H1C12A9BEEA0943778A55EFCC3940D28A"><enum>(E)</enum><text>support for
refugees and internally displaced persons and long-term development in regions
of Pakistan where internal conflict has caused large-scale displacement.</text>
</subparagraph></paragraph><paragraph id="H4556064737574D9CA488F22B594029D4"><enum>(5)</enum><text>To strengthen
public diplomacy to combat militant extremism and promote a better
understanding of the United States, including—</text>
<subparagraph id="H3D6CF914C419435B993B3C0072DF0C08"><enum>(A)</enum><text>encouraging civil
society, respected scholars, and other leaders to speak out against militancy
and violence; and</text>
</subparagraph><subparagraph id="H7F33C166CCC64371A01695E6647FDEF6"><enum>(B)</enum><text>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 and expand sister institution programs
between United States and Pakistani schools and universities.</text>
</subparagraph></paragraph></subsection><subsection id="H838EB46C640943B08593BBC0E71D711A"><enum>(c)</enum><header>Additional and
Related Activities</header>
<paragraph id="H632D21D08B6640E6B6F8B0383CC2DCFB"><enum>(1)</enum><header>Availability of
amounts for Pakistani police professionalization, equipping, and
training</header><text>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.</text>
</paragraph><paragraph id="HD96CF93F4EAC4382A6A21C82D62936C0"><enum>(2)</enum><header>Availability of
amounts for administrative expenses</header><text>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.</text>
</paragraph><paragraph id="H4A80CE10DE7A4A569BDC206D9AB7BCBC"><enum>(3)</enum><header>Utilizing
Pakistani organizations</header><text>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.</text>
</paragraph><paragraph id="H81EA724ACE9E4F47A4303D3C6D4C3CC7"><enum>(4)</enum><header>Use of direct
expenditures</header><text>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.</text>
</paragraph><paragraph commented="no" id="H22B8167A97CD48A4BD6B5F496130CBFF"><enum>(5)</enum><header>Chief of Mission
Fund</header><text>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 <quote>Chief of Mission Fund</quote>.</text>
</paragraph><paragraph id="H2A6960B2B762427FB2EE33C62D2D9D97"><enum>(6)</enum><header>Sense of
Congress</header><text>It is the sense of Congress that—</text>
<subparagraph id="H4B75F5583B3645A082AA542E5EFFDE16"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H19A8470286C24DCBA5C03CD2E8C56951"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="HCB4FDEA5760C46E6B41DC4B5F681F3F7"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="HBEC5581275724D859F24D12EDA4C23A0"><enum>(d)</enum><header>Notification</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H8B73CEEFC1EC462299E1637008A4CA28"><enum>102.</enum><header>Authorization
of appropriations</header>
<subsection commented="no" id="H2103C169AF5545418DDDB2B273E3DE3D"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection commented="no" id="HCA2DD750ED314750821315288A5CA26D"><enum>(b)</enum><header>Availability of
Funds</header>
<paragraph commented="no" id="H629CD84B46D94237A38B8F854BFF69EA"><enum>(1)</enum><header>In
general</header><text>Of the amounts appropriated in each fiscal year pursuant
to the authorization of appropriations in subsection (a)—</text>
<subparagraph commented="no" id="H6FC187C6339C40BA9BC8E1129C35C60E"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" id="H42C791A2310B428BB783AE181400488E"><enum>(B)</enum><text>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—</text>
<clause commented="no" id="H02AA6D5782FC49C6AB6F61E242ADEECD"><enum>(i)</enum><text>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</text>
</clause><clause commented="no" id="H0D98C8D2C354428C97BD82D5B73D9B03"><enum>(ii)</enum><text>a memorandum
explaining the reasons justifying the certification described in clause
(i).</text>
</clause></subparagraph></paragraph><paragraph commented="no" id="H21993680F2F24AC48C91AA9B607A2868"><enum>(2)</enum><header>Maker of
certification</header><text>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.</text>
</paragraph></subsection><subsection commented="no" id="H41807A94BFB74158B4B1B51ADBAAE55E"><enum>(c)</enum><header>Waiver</header><text>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.</text>
</subsection><subsection commented="no" id="H138268289BD54932B2D264483B531F12"><enum>(d)</enum><header>Sense of
Congress on foreign assistance funds</header><text>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.</text>
</subsection></section><section id="H6DF08AF330AB407ABFCFD5D2B8626D6B"><enum>103.</enum><header>Auditing</header>
<subsection id="H87FA37A2ED55480591F81B70A4634FF6"><enum>(a)</enum><header>Assistance
Authorized</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HC53BFA05665042D6A37236C88E257482"><enum>(b)</enum><header>Authorization
for In-Country Presence</header><text>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).</text>
</subsection><subsection id="H9CF21985FB714D26894E99D7E89AC0BE"><enum>(c)</enum><header>Authorization of
appropriations</header>
<paragraph id="H44B3E836AD80412385DE4D82751D7734"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="H3BF83DA9C4734C2F8EC5D9150BC1045A"><enum>(2)</enum><header>Relation to
other available funds</header><text>Amounts made available under paragraph (1)
are in addition to amounts otherwise available for such purposes.</text>
</paragraph></subsection></section><enum>II</enum><header>Security
assistance for Pakistan</header>
<section id="HC8D2371F06F048018BB0E1F179014722"><enum>201.</enum><header>Purposes of
assistance</header><text display-inline="no-display-inline">The purposes of
assistance under this title are—</text>
<paragraph id="HDF82CFA553E0451A8260A67A9648AB79"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H100E5D795BCE4D88A930DBF0E95C1CA5"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="HA1E5B1C3D39647BF8CAECA656CD4D1EA"><enum>(3)</enum><text>to work in close
cooperation with the Government of Pakistan to coordinate action against
extremist and terrorist targets; and</text>
</paragraph><paragraph id="H5016EAC4B1BE4069983156C3451C2846"><enum>(4)</enum><text>to help strengthen
the institutions of democratic governance and promote control of military
institutions by a democratically elected civilian government.</text>
</paragraph></section><section display-inline="no-display-inline" id="H8E20A761C94A4F66A4B0F7012F23BD4E" section-type="subsequent-section"><enum>202.</enum><header>Authorization of
assistance</header>
<subsection id="H0BE89D2B683F480CBFC55D6A410A990D"><enum>(a)</enum><header>International
Military Education and Training</header>
<paragraph id="HCF89FBA1DED04C90BF830E3C5EC05062"><enum>(1)</enum><header>In
general</header><text>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 <quote>E–IMET</quote>).</text>
</paragraph><paragraph id="H9B2D351CA222454BAA957505FE9E0917"><enum>(2)</enum><header>Use of
funds</header><text>It is the sense of Congress that a substantial amount of
funds made available to carry out this subsection for a fiscal year should be
used to pay for courses of study and training in counterinsurgency and
civil-military relations.</text>
</paragraph></subsection><subsection id="H9F1F5AA390CD4CF0B90F87C893CFFC55"><enum>(b)</enum><header>Foreign Military
Financing Program</header>
<paragraph id="H432AC1DD232D4361AD80AF8798C30871"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="H49EBAA2B9C6847EAB15BC5D69B53C9BE"><enum>(2)</enum><header>Use of
funds</header>
<subparagraph id="H7792F6481FCF44828C8ECA2E747BAA2A"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HF47F9D58EC9C4E7D82681A159BD856CA"><enum>(B)</enum><header>Sense of
congress</header><text>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).</text>
</subparagraph></paragraph><paragraph commented="no" id="H83236EBD296E4768A390C222F388AE55"><enum>(3)</enum><header>Additional
authority</header><text>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.</text>
</paragraph><paragraph id="H6B65F9DCDEDE4DB3ACC21C8602F11826"><enum>(4)</enum><header>Definitions</header><text>In
this section, the terms <term>defense articles</term>, <term>defense
services</term>, and <term>military education and training</term> have the
meaning given such terms in section 644 of the Foreign Assistance Act of 1961
(22 U.S.C. 2403).</text>
</paragraph></subsection><subsection id="HFA931CE3F3EC47D4AB76CE6B827C9758"><enum>(c)</enum><header>Sense of
Congress</header><text>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.</text>
</subsection><subsection id="HBDFA5AB5BC0340F2BE9CD7C697E1D40B"><enum>(d)</enum><header>Exchange Program
between military and civilian personnel of Pakistan and certain other
countries</header>
<paragraph id="HA406F43BA7244D01A93145125E4613CF"><enum>(1)</enum><header>In
general</header><text>The Secretary of State is authorized to establish an
exchange program between—</text>
<subparagraph id="H692B2EB2346B435D8FD7EDF6129C4CFC"><enum>(A)</enum><text>military and
civilian personnel of Pakistan; and</text>
</subparagraph><subparagraph id="H2ABECC867BB64EF787AFD28CB4094B1B"><enum>(B)</enum><clause commented="no" display-inline="yes-display-inline" id="H40557F983E0343AEB7ADA0E97A0145DE"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="H039B1549A02E4143B1CE654A0AC7C587" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">military and civilian personnel of North
Atlantic Treaty Organization member countries,</text>
</clause></subparagraph><continuation-text continuation-text-level="paragraph">in order to
foster greater mutual respect for and understanding of the principle of
civilian rule of the military.</continuation-text></paragraph><paragraph id="H6357CABF6BD54F8F96FEFEB3C8F95FAC"><enum>(2)</enum><header>Elements of
Program</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H8F193855238E45D1BF894C7A7D99F0C6"><enum>(3)</enum><header>Role of
Nongovernmental Organizations</header><text>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).</text>
</paragraph><paragraph commented="no" id="H7DB7B727D4E647B5980C5A4770CAA7D0"><enum>(4)</enum><header>Authorization of
appropriations</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="H61FC478006A542A7B52076B07067200A"><enum>203.</enum><header>Limitations on
certain assistance</header>
<subsection id="HE64C53CFB63149B19C69E89656E31524"><enum>(a)</enum><header>Limitation on
security-Related assistance</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="H6C9F20D38190439A99EC99718F39D3C5"><enum>(b)</enum><header>Limitation on
Arms Transfers</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H74B928C91F774F33B99C879A3AEC7D75"><enum>(c)</enum><header>Certification</header><text display-inline="yes-display-inline">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—</text>
<paragraph id="H7609013A1C424D628D978C7CE92E58CF"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HBE2BD734EAD741A2B8201E018E9E3164"><enum>(2)</enum><text>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—</text>
<subparagraph id="H31F2500F4CE24AF09D55DE0FCF0EAC9A"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H529D842CC52C4CE2AA23EE09FA184CC1"><enum>(B)</enum><text>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 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</text>
</subparagraph><subparagraph id="H1987EAA7A149453CB600FC977B051B3E"><enum>(C)</enum><text>strengthening
counterterrorism and anti-money laundering laws; and</text>
</subparagraph></paragraph><paragraph id="H853525070BDD476E9C121342227E5223"><enum>(3)</enum><text>the security
forces of Pakistan are not materially and substantially subverting the
political or judicial processes of Pakistan.</text>
</paragraph></subsection><subsection commented="no" id="H33DDA9E69EDE4BB5B2F55A1B3A26D7CF"><enum>(d)</enum><header>Certain
payments</header>
<paragraph commented="no" id="HF756AC31F660457A80FF9D99F51BF3E0"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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—</text>
<subparagraph commented="no" id="H8154EE83AD164F40B84D55A36B832452"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph commented="no" id="HA603787BA35C46A3862C4097BAC7FD66"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="H8692D0F053844770A3FCB628E3804A11"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph><paragraph commented="no" id="H42F1AF7E918E409682611DC4926E2E4F"><enum>(2)</enum><header>Exception</header><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection display-inline="no-display-inline" id="H342F8F28CF9E4FBA96DE54C89970DE7F"><enum>(e)</enum><header>Waiver</header>
<paragraph id="HCCD9BFF1E2DE45719D9D7925C60DC497"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H50CD2CDB9EE44734B56A7EDEAC6F62C9"><enum>(2)</enum><header>Prior notice of
waiver</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="H0B4CF4E52570459B9DAC0A67E336BC60"><enum>(f)</enum><header>Appropriate
Congressional Committees Defined</header><text>In this section, the term
<term>appropriate congressional committees</term> means—</text>
<paragraph commented="no" id="H214DE464640C42CCA1B3A3D817F7C062"><enum>(1)</enum><text>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</text>
</paragraph><paragraph commented="no" id="H13CAF91E43AE46FDAEEBB6755296344B"><enum>(2)</enum><text>the Committee on
Foreign Relations, the Committee on Armed Services, and the Select Committee on
Intelligence of the Senate.</text>
</paragraph></subsection></section><section id="HD5E307568FC245A8837852FB3DA7022E"><enum>204.</enum><header>Pakistan
Counterinsurgency Capability Fund</header>
<subsection id="H72540B459AF545E989969B3DFC340DB5"><enum>(a)</enum><header>For Fiscal Year
2010</header>
<paragraph id="H4485FC70326F4A668CF577D9B1AD58E8"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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 <quote>Fund</quote>,
shall consist of the following:</text>
<subparagraph id="H109471264EAC4C6E9DD4F917121A7A8F"><enum>(A)</enum><text display-inline="yes-display-inline">Amounts appropriated to carry out this
subsection (which may not include any amounts appropriated to carry out title I
of this Act).</text>
</subparagraph><subparagraph id="H2B5F0DDE1753428C8E1FC42C22CBF86C"><enum>(B)</enum><text>Amounts otherwise
available to the Secretary of State to carry out this subsection.</text>
</subparagraph></paragraph><paragraph id="H70E00F19320E4BDCA1D65701EF3D7C15"><enum>(2)</enum><header>Purposes of
fund</header><text>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.</text>
</paragraph><paragraph id="HFC181C8C571B40BBB365E4F7E568EF8F"><enum>(3)</enum><header>Transfer
authority</header>
<subparagraph id="H4604D41F9A644141B6DF91A2415BC858"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="HF9080563E0BA48B598B9B6056A48C900"><enum>(B)</enum><header>Treatment of
transferred funds</header><text>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.</text>
</subparagraph><subparagraph id="HBE789F5E2CF14785B9196AB01B7B2E9F"><enum>(C)</enum><header>Relation to
other authorities</header><text>The authority to provide assistance under this
subsection is in addition to any other authority to provide assistance to
foreign countries.</text>
</subparagraph><subparagraph id="HA9B6C76C14F94CF7A5A9011D102BD041"><enum>(D)</enum><header>Notification</header><text>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.</text>
</subparagraph></paragraph></subsection><subsection commented="no" id="H534A5775F27645FAB82A9BF41133B81A"><enum>(b)</enum><header>Submission of
Notifications</header><text>Any notification required by this section may be
submitted in classified or unclassified form, as necessary.</text>
</subsection><subsection id="HADDDC4B331B74EB7925AB8F9D6CBFC99"><enum>(c)</enum><header>Appropriate
Congressional Committees Defined</header><text>In this section, the term
<term>appropriate congressional committees</term> means—</text>
<paragraph id="HF9E2E1F9D30E44B1AEBD6D5AC71B2323"><enum>(1)</enum><text>the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives; and</text>
</paragraph><paragraph id="H608A117DE4224CF280D1FD4B2AA4B2FA"><enum>(2)</enum><text>the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Foreign
Relations of the Senate.</text>
</paragraph></subsection></section><section id="H6F56BBEFD4B04D64A34CC166B10DCB20"><enum>205.</enum><header>Requirements
for civilian control of certain assistance</header>
<subsection id="H983081A1B2E2483CAB14737A5EA36530"><enum>(a)</enum><header>Requirements</header>
<paragraph id="H3A433186575E427FBA7E40C064D51B09"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H57332B8AD67B499B82825D0F54B9A52A"><enum>(2)</enum><header>Documentation</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="H8B746E798E6E44499B56832FBE7BC4DD"><enum>(b)</enum><header>Waiver</header>
<paragraph commented="no" id="HFDCED93F311D4221AB7C1D88AA20BB20"><enum>(1)</enum><header>Security-related
assistance</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" id="HCE523CAA76FC4C02803E04F43B0BB1CA"><enum>(2)</enum><header>Non-assistance
payments</header><text>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.</text>
</paragraph></subsection><subsection id="H959CCF0070D746088B4D8E93B7EEA6A3"><enum>(c)</enum><header>Application to
certain activities</header><text>Nothing in this section shall apply with
respect to—</text>
<paragraph id="H87E83E1A261448D388DD8BB261A46EAA"><enum>(1)</enum><text>any activities
subject to reporting requirements under title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.);</text>
</paragraph><paragraph id="HD5525C831AFD4703AF943EDDB4DA66D7"><enum>(2)</enum><text>any assistance to
promote democratic elections or public participation in democratic
processes;</text>
</paragraph><paragraph id="H48A0E92F3F2B4D43834E64ACBA7FD25D"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="HD116697E74974016A0DC201FC9F7C231"><enum>(4)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="H9981EB92DA194B39A5A45B4CD1334622"><enum>(5)</enum><text>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</text>
</paragraph><paragraph id="HF426070B0B3E494997226891F36E0F01"><enum>(6)</enum><text>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).</text>
</paragraph></subsection><subsection id="H5ABD8299B870475CAB9C192AAF74AAD6"><enum>(d)</enum><header>Definitions</header><text>In
this section—</text>
<paragraph id="H6378FFF59BD94D41B75A4ED8080F0F71"><enum>(1)</enum><text>the term
<term>appropriate congressional committees</term> 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</text>
</paragraph><paragraph id="HC21FC0F5EAED423EAE188EECAFC3D97C"><enum>(2)</enum><text>the term
<term>civilian government of Pakistan</term> does not include any government of
Pakistan whose duly elected head of government is deposed by military coup or
decree.</text>
</paragraph></subsection></section><enum>III</enum><header>Strategy,
accountability, monitoring, and other provisions</header>
<section id="H4DB5D3502677435B994E275E7B0951ED"><enum>301.</enum><header>Strategy
Reports</header>
<subsection id="H37375C8879C84AEF81E95BB4794EE829"><enum>(a)</enum><header>Pakistan
Assistance Strategy Report</header><text>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:</text>
<paragraph id="H509D08A158C54A7084D43A86348ABBBF"><enum>(1)</enum><text>A
description of the principal objectives of United States assistance to Pakistan
to be provided under title I of this Act.</text>
</paragraph><paragraph id="H9CBB485D97A545348C01A30E3CE2B3DA"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="H77A701B92B104863B611DD71C3A37288"><enum>(3)</enum><text>A
plan for program monitoring, operations research, and impact evaluation
research for assistance authorized under title I of this Act.</text>
</paragraph><paragraph id="H5905FE55041E4D0D8C2D8099837B0F1E"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="HAD917A6945FE46BD954AAE2E00F06D8E"><enum>(5)</enum><text>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.</text>
</paragraph><paragraph id="H9A8159316F7D48A3B45154D2E55E82AB"><enum>(6)</enum><text>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
<quote>Report on the Criteria and Methodology for Determining the Eligibility
of Candidate Countries for Millennium Challenge Account
Assistance</quote>:</text>
<subparagraph id="H9835029F284641A8A0ADCDF19287D78F"><enum>(A)</enum><text>Civil
liberties.</text>
</subparagraph><subparagraph id="HF1F27850329949FAA7880601094BACD8"><enum>(B)</enum><text>Political
rights.</text>
</subparagraph><subparagraph id="H79ACEBF6E4CD4460A2E71ED8F2255ED9"><enum>(C)</enum><text>Voice and
accountability.</text>
</subparagraph><subparagraph id="HCD307F9224D1434A9B43CBC176B8817D"><enum>(D)</enum><text>Government
effectiveness.</text>
</subparagraph><subparagraph id="H7706C6B4D9994066B85DFC8E56B0E18F"><enum>(E)</enum><text>Rule of
law.</text>
</subparagraph><subparagraph id="H86D7A51E9A40495EB96E0BEA76DF5158"><enum>(F)</enum><text>Control of
corruption.</text>
</subparagraph><subparagraph id="HB9FEDA890CE949EAAF236BE9BEAA62BC"><enum>(G)</enum><text>Immunization
rates.</text>
</subparagraph><subparagraph id="H030E5DF9660D420688EF325F581B63D3"><enum>(H)</enum><text>Public expenditure
on health.</text>
</subparagraph><subparagraph id="H357EBC5C48FC4B6FBD098AEB76C4570E"><enum>(I)</enum><text>Girls’ primary
education completion rate.</text>
</subparagraph><subparagraph id="H9384F94DE5434810BC9493CF35E9A9D7"><enum>(J)</enum><text>Public expenditure
on primary education.</text>
</subparagraph><subparagraph id="HA11AAA256F064A8B919270202503ED18"><enum>(K)</enum><text>Natural resource
management.</text>
</subparagraph><subparagraph id="H5C8D3DAECB5C490291C03262352CCB6A"><enum>(L)</enum><text>Business
start-up.</text>
</subparagraph><subparagraph id="H46FE8D8B7CEC4527A1943C40296197CB"><enum>(M)</enum><text>Land rights and
access.</text>
</subparagraph><subparagraph id="H1E708E5F9D094EBEA3CBC058A690915F"><enum>(N)</enum><text>Trade
policy.</text>
</subparagraph><subparagraph id="H8C2757BB64D842EFA2BE8F145FACCF03"><enum>(O)</enum><text>Regulatory
quality.</text>
</subparagraph><subparagraph id="H5B27014DFF0A41D39A63A918DB58CA67"><enum>(P)</enum><text>Inflation
control.</text>
</subparagraph><subparagraph id="HF6AB8116739F4CB49B6AC77840D20A33"><enum>(Q)</enum><text>Fiscal
policy.</text>
</subparagraph></paragraph><paragraph commented="no" id="HE97486782F5F49E3BA3DB4F9F1D36E29"><enum>(7)</enum><text>An analysis for
the suitable replacement for existing Pakistani helicopters, including
recommendations for sustainment and training.</text>
</paragraph></subsection><subsection id="H4159AD5033A949768C6E31117097A70F"><enum>(b)</enum><header>Comprehensive
regional strategy report</header>
<paragraph id="HA7D73375AB83470599AEFADBE4213F78"><enum>(1)</enum><header>Sense of
Congress</header><text>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.</text>
</paragraph><paragraph id="H54B33800127441FF997B0F55217EB598"><enum>(2)</enum><header>Comprehensive
Regional Security Strategy</header><text>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.</text>
</paragraph><paragraph id="HF50F217F753A4052A95F233D31D1740B"><enum>(3)</enum><header>Report</header>
<subparagraph id="H484564D738894127A7B9D35DBC96D40D"><enum>(A)</enum><header>In
general</header><text>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).</text>
</subparagraph><subparagraph id="H572F7597DE514360AE5DF795F263D37B"><enum>(B)</enum><header>Contents</header><text>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.</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H1017D24A0244489A86F05B9AAE0B25D4"><enum>(C)</enum><header>Appropriate
Congressional Committees Defined</header><text>In this paragraph, the term
<term>appropriate congressional committees</term> means—</text>
<clause id="H97EA35B666354B599667486DB3DF1DBC"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="H880DCD5D25BB4B879EE93CC17B618F61"><enum>(ii)</enum><text display-inline="yes-display-inline">the Committee on Appropriations, the
Committee on Armed Services, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H369EB221487748DCA1C2A98D6BC6F9CE"><enum>(c)</enum><header>Security-Related
assistance plan</header><text>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 amounts
complements or otherwise is related to amounts described in section 204.</text>
</subsection></section><section id="H519FA61D964B44F389DB9D4CEC5E7CAD"><enum>302.</enum><header>Monitoring
Reports</header>
<subsection id="H3BC0E5D85058460E8A7CFC207534AF4F"><enum>(a)</enum><header>Semi-Annual
Monitoring Report</header><text display-inline="yes-display-inline">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—</text>
<paragraph id="H5EAEF711586045759BFD6EDE4BB54704"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph commented="no" id="H0BD6A6FB21AB423296A9D4C137877561"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H9DF976FDDFD647FF98214195EE930F67"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="HFDBFE9E0A3BD4E248956D2B8B9281278"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="HCA753A0A5FF74F839C11318CD39FA0D7"><enum>(5)</enum><text>a
description of any shortfall in United States financial, physical, technical,
or human resources that hinder the effective use and monitoring of such
funds;</text>
</paragraph><paragraph id="H6A6DD670FA094AB69D4A4EB4C1972F9F"><enum>(6)</enum><text>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;</text>
</paragraph><paragraph id="HEDC10BB61FD14A52A4776F7FFC187AD2"><enum>(7)</enum><text>any incidents or
reports of waste, fraud, and abuse of expenditures under title I of this
Act;</text>
</paragraph><paragraph id="HDABCB1A247BF471EB3BC776B8C60B1D6"><enum>(8)</enum><text>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;</text>
</paragraph><paragraph id="HD66C0BC1A1AE47D6A2B1E755C4D14CF9"><enum>(9)</enum><text>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 expenditures from the Chief of Mission Fund in excess of $100,000;</text>
</paragraph><paragraph commented="no" id="H00451281334140CB97930455D2448EBB"><enum>(10)</enum><text>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);</text>
</paragraph><paragraph id="HB12C3140CB8B42BB8C955BC5E4AC784F"><enum>(11)</enum><text>an evaluation of
efforts undertaken by the Government of Pakistan to—</text>
<subparagraph id="H8AF5055337174403A81679F95CEAA401"><enum>(A)</enum><text>disrupt,
dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist
groups in the FATA and settled areas;</text>
</subparagraph><subparagraph id="HEF7FCC2122904F7CAD5D20A1D75115A5"><enum>(B)</enum><text>eliminate the safe
havens of such forces in Pakistan;</text>
</subparagraph><subparagraph id="HEFAB11C86A2A492E8261CADB6DB7407F"><enum>(C)</enum><text>close terrorist
camps, including those of Lashkar-e-Taiba and Jaish-e-Mohammed;</text>
</subparagraph><subparagraph id="H4C7EEB346A5F41F3952E3DFB7C025608"><enum>(D)</enum><text>cease all support
for extremist and terrorist groups;</text>
</subparagraph><subparagraph id="H39D58B9481C14995BE5A686A4B20DF37"><enum>(E)</enum><text>prevent attacks
into neighboring countries;</text>
</subparagraph><subparagraph id="H592DDC9A1D034FFFBEE30A78C172A25F"><enum>(F)</enum><text>increase oversight
over curriculum in madrassas, including closing madrassas with direct links to
the Taliban or other extremist and terrorist groups; and</text>
</subparagraph><subparagraph id="HAD6507E25C00436D9DBA92A0199B3A23"><enum>(G)</enum><text>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;</text>
</subparagraph></paragraph><paragraph id="H80DCBB5D4A5F4F3DAFEC3D56F1EA0CC3"><enum>(12)</enum><text>a detailed
description of Pakistan’s efforts to prevent proliferation of nuclear-related
material and expertise;</text>
</paragraph><paragraph id="H11D61B7EC99F4047BECFECDE50E59968"><enum>(13)</enum><text>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;</text>
</paragraph><paragraph id="H138F3C335B09458B8B47D22114208CE5"><enum>(14)</enum><text>a detailed
description of the extent to which funds obligated and expended pursuant to
section 202(b) meet the requirements of such section; and</text>
</paragraph><paragraph id="HAEB3B05AA77A4CC59502B080304CC214"><enum>(15)</enum><text>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.</text>
</paragraph></subsection><subsection id="H75A4E97762894B67A15653433AEFC123"><enum>(b)</enum><header>Government
Accountability Office Reports</header>
<paragraph id="H8C47FF4E657D4173A35E5643419E0FE0"><enum>(1)</enum><header>Pakistan
Assistance Strategy Report</header><text display-inline="yes-display-inline">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—</text>
<subparagraph id="H13C2C4C1ACD647BF86C38669F04372D6"><enum>(A)</enum><text>a review of, and
comments addressing, the Pakistan Assistance Strategy Report;</text>
</subparagraph><subparagraph id="H8B122BA17B354C1790FDAC376065BEEA"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="H37F95F84E64D435E86BFFA3682FE96D4"><enum>(C)</enum><text>a detailed
description of the expenditures made by Pakistan pursuant to grant assistance
under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to
the Foreign Military Financing program); and</text>
</subparagraph><subparagraph id="H1B3B555293AB43BD98FFFD7D78428AA9"><enum>(D)</enum><text>an assessment of
the impact of the assistance on the security and stability of Pakistan.</text>
</subparagraph></paragraph><paragraph id="H61AF4686EF3D409EBDD8D6D4ED458D63"><enum>(2)</enum><header>Certification
Report</header><text>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.</text>
</paragraph></subsection><subsection id="H70DC599CE1A24ACEA2F5C71F10DE6C53"><enum>(c)</enum><header>Submission</header><text>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).</text>
</subsection><subsection id="H8CBE66F139C64962A0F58A7C6586B17C"><enum>(d)</enum><header>Appropriate
congressional committees defined</header><text>In this section, the term
<term>appropriate congressional committees</term> means—</text>
<paragraph id="H025552D2EA054EF3B63F33E8366C7558"><enum>(1)</enum><text>the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives; and</text>
</paragraph><paragraph id="HB32674C8425C429FBD99B3408EC0EE0B"><enum>(2)</enum><text>the Committee on
Appropriations, the Committee on Armed Services, and the Committee on Foreign
Relations of the Senate.</text>
</paragraph></subsection></section>