Enhanced Partnership
with Pakistan Act of 2009
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,
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
2 (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.
(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.
Speaker of the House of
Representatives.
Vice President of the
United States and
President of the
Senate.
