[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1707 Enrolled Bill (ENR)]
S.1707
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
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,

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(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:

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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).

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TITLE III

-STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS

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.

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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.

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(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.

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TITLE I

-DEMOCRATIC, ECONOMIC, AND DEVELOPMENT ASSISTANCE FOR PAKISTAN

(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.

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(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.

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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.

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TITLE II

-SECURITY ASSISTANCE FOR PAKISTAN

(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.

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(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.

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(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.

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(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.

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(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.

8136df2a4e9e8c11bfdd3b6f9032006b9facd72b649c8aac2b68280eb4958153

(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b01843abc963ab5e5efa828132b3a4db1e81ce31150d333621fcb40121803986

Enhanced Partnership with Pakistan Act of 2009

Other Sections

TITLE III

TITLE I

TITLE II

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