[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1707 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                S. 1707

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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. 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 
        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. 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.
            (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.

SEC. 4. 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 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. 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;
            (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;
                    (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 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
                    (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) 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. 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) 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) 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) 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) 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.

SEC. 103. 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. 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. 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 
        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.
            (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. 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 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. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.

    (a) For Fiscal Year 2010.--
            (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) 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.

SEC. 205. 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) 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) 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--
            (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. 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.
                    (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) 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) 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) 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 amounts complements or otherwise is 
related to amounts described in section 204.

SEC. 302. 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 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 
                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.

            Passed the Senate September 24, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                S. 1707

_______________________________________________________________________

                                 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.