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[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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Enhanced 
Partnership with Pakistan Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of principles.

 TITLE I--DEMOCRATIC, ECONOMIC, AND DEVELOPMENT ASSISTANCE FOR PAKISTAN

Sec. 101. Authorization of assistance.
Sec. 102. Authorization of appropriations.
Sec. 103. Auditing.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Purposes of assistance.
Sec. 202. Authorization of assistance.
Sec. 203. Limitations on certain assistance.
Sec. 204. Pakistan Counterinsurgency Capability Fund.
Sec. 205. Requirements for civilian control of certain assistance.

  TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS

Sec. 301. Strategy Reports.
Sec. 302. Monitoring Reports.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Appropriate congressional committees.--Except as otherwise 
    provided in this Act, the term ``appropriate congressional 
    committees'' means the Committees on Appropriations and Foreign 
    Relations of the Senate and the Committees on Appropriations and 
    Foreign Affairs of the House of Representatives.
        (2) Counterinsurgency.--The term ``counterinsurgency'' means 
    efforts to defeat organized movements that seek to overthrow the 
    duly constituted Governments of Pakistan and Afghanistan through 
    violent means.
        (3) Counterterrorism.--The term ``counterterrorism'' means 
    efforts to combat al Qaeda and other foreign terrorist 
    organizations that are designated by the Secretary of State in 
    accordance with section 219 of the Immigration and Nationality Act 
    (8 U.S.C. 1189), or other individuals and entities engaged in 
    terrorist activity or support for such activity.
        (4) FATA.--The term ``FATA'' means the Federally Administered 
    Tribal Areas of Pakistan.
        (5) Frontier crimes regulation.--The term ``Frontier Crimes 
    Regulation'' means the Frontier Crimes Regulation, codified under 
    British law in 1901, and applicable to the FATA.
        (6) Impact evaluation research.--The term ``impact evaluation 
    research'' means the application of research methods and 
    statistical analysis to measure the extent to which change in a 
    population-based outcome can be attributed to program intervention 
    instead of other environmental factors.
        (7) Major defense equipment.--The term ``major defense 
    equipment'' has the meaning given the term in section 47(6) of the 
    Arms Export Control Act (22 U.S.C. 2794(6)).
        (8) NWFP.--The term ``NWFP'' means the North West Frontier 
    Province of Pakistan, which has Peshawar as its provincial capital.
        (9) Operations research.--The term ``operations research'' 
    means the application of social science research methods, 
    statistical analysis, and other appropriate scientific methods to 
    judge, compare, and improve policies and program outcomes, from the 
    earliest stages of defining and designing programs through their 
    development and implementation, with the objective of the rapid 
    dissemination of conclusions and concrete impact on programming.
        (10) Security forces of pakistan.--The term ``security forces 
    of Pakistan'' means the military and intelligence services of the 
    Government of Pakistan, including the Armed Forces, Inter-Services 
    Intelligence Directorate, Intelligence Bureau, police forces, 
    levies, Frontier Corps, and Frontier Constabulary.
        (11) Security-related assistance.--The term ``security-related 
    assistance''--
            (A) means--
                (i) grant assistance to carry out section 23 of the 
            Arms Export Control Act (22 U.S.C. 2763); and
                (ii) assistance under chapter 2 of part II of the 
            Foreign Assistance Act of 1961 (22 U.S.C. 2311 et. seq); 
            but
            (B) does not include--
                (i) assistance authorized to be appropriated or 
            otherwise made available under any provision of law that is 
            funded from accounts within budget function 050 (National 
            Defense); and
                (ii) amounts appropriated or otherwise available to the 
            Pakistan Counterinsurgency Capability Fund established 
            under the Supplemental Appropriations Act, 2009 (Public Law 
            111-32).
SEC. 3. FINDINGS.
    Congress finds the following:
        (1) The people of the Islamic Republic of Pakistan and the 
    United States share a long history of friendship and comity, and 
    the interests of both nations are well-served by strengthening and 
    deepening this friendship.
        (2) Since 2001, the United States has contributed more than 
    $15,000,000,000 to Pakistan, of which more than $10,000,000,000 has 
    been security-related assistance and direct payments.
        (3) With the free and fair election of February 18, 2008, 
    Pakistan returned to civilian rule, reversing years of political 
    tension and mounting popular concern over military rule and 
    Pakistan's own democratic reform and political development.
        (4) Pakistan is a major non-NATO ally of the United States and 
    has been a valuable partner in the battle against al Qaeda and the 
    Taliban, but much more remains to be accomplished by both nations.
        (5) The struggle against al Qaeda, the Taliban, and affiliated 
    terrorist groups has led to the deaths of several thousand 
    Pakistani civilians and members of the security forces of Pakistan 
    over the past seven years.
        (6) Despite killing or capturing hundreds of al Qaeda 
    operatives and other terrorists--including major al Qaeda leaders, 
    such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj 
    al-Libi--the FATA, parts of the NWFP, Quetta in Balochistan, and 
    Muridke in Punjab remain a sanctuary for al Qaeda, the Afghan 
    Taliban, the Terikh-e Taliban and affiliated groups from which 
    these groups organize terrorist actions against Pakistan and other 
    countries.
        (7) The security forces of Pakistan have struggled to contain a 
    Taliban-backed insurgency, recently taking direct action against 
    those who threaten Pakistan's security and stability, including 
    military operations in the FATA and the NWFP.
        (8) On March 27, 2009, President Obama noted, ``Multiple 
    intelligence estimates have warned that al Qaeda is actively 
    planning attacks on the United States homeland from its safe-haven 
    in Pakistan.''.
        (9) According to a Government Accountability Office report 
    (GAO-08-622), ``since 2003, the [A]dministration's national 
    security strategies and Congress have recognized that a 
    comprehensive plan that includes all elements of national power--
    diplomatic, military, intelligence, development assistance, 
    economic, and law enforcement support--was needed to address the 
    terrorist threat emanating from the FATA'' and that such a strategy 
    was also mandated by section 7102(b)(3) of the Intelligence Reform 
    and Terrorism Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 
    2656f note) and section 2042(b)(2) of the Implementing the 
    Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-
    53; 22 U.S.C. 2375 note).
        (10) During 2008 and 2009, the people of Pakistan have been 
    especially hard hit by rising food and commodity prices and severe 
    energy shortages, with \2/3\ of the population living on less than 
    $2 a day and \1/5\ of the population living below the poverty line 
    according to the United Nations Development Program.
        (11) Economic growth is a fundamental foundation for human 
    security and national stability in Pakistan, a country with more 
    than 175,000,000 people, an annual population growth rate of two 
    percent, and a ranking of 136 out of 177 countries in the United 
    Nations Human Development Index.
        (12) The 2009 Pakistani military offensive in the NWFP and the 
    FATA displaced millions of residents in one of the gravest 
    humanitarian crises Pakistan has faced, and despite the heroic 
    efforts of Pakistanis to respond to the needs of the displaced 
    millions and facilitate the return of many, it has highlighted the 
    need for Pakistan to develop an effective national 
    counterinsurgency strategy.
SEC. 4. STATEMENT OF PRINCIPLES.
    Congress declares that the relationship between the United States 
and Pakistan should be based on the following principles:
        (1) Pakistan is a critical friend and ally to the United 
    States, both in times of strife and in times of peace, and the two 
    countries share many common goals, including combating terrorism 
    and violent radicalism, solidifying democracy and rule of law in 
    Pakistan, and promoting the social and economic development of 
    Pakistan.
        (2) United States assistance to Pakistan is intended to 
    supplement, not supplant, Pakistan's own efforts in building a 
    stable, secure, and prosperous Pakistan.
        (3) The United States requires a balanced, integrated, 
    countrywide strategy for Pakistan that provides assistance 
    throughout the country and does not disproportionately focus on 
    security-related assistance or one particular area or province.
        (4) The United States supports Pakistan's struggle against 
    extremist elements and recognizes the profound sacrifice made by 
    Pakistan in the fight against terrorism, including the loss of more 
    than 1,900 soldiers and police since 2001 in combat with al Qaeda, 
    the Taliban, and other extremist and terrorist groups.
        (5) The United States intends to work with the Government of 
    Pakistan--
            (A) to build mutual trust and confidence by actively and 
        consistently pursuing a sustained, long-term, multifaceted 
        relationship between the two countries, devoted to 
        strengthening the mutual security, stability, and prosperity of 
        both countries;
            (B) to support the people of Pakistan and their democratic 
        government in their efforts to consolidate democracy, including 
        strengthening Pakistan's parliament, helping Pakistan 
        reestablish an independent and transparent judicial system, and 
        working to extend the rule of law in all areas in Pakistan;
            (C) to promote sustainable long-term development and 
        infrastructure projects, including in healthcare, education, 
        water management, and energy programs, in all areas of 
        Pakistan, that are sustained and supported by each successive 
        democratic government in Pakistan;
            (D) to ensure that all the people of Pakistan, including 
        those living in areas governed by the Frontier Crimes 
        Regulation, have access to public, modernized education and 
        vocational training to enable them to provide for themselves, 
        for their families, and for a more prosperous future for their 
        children;
            (E) to support the strengthening of core curricula and the 
        quality of schools across Pakistan, including madrassas, in 
        order to improve the prospects for Pakistani children's futures 
        and eliminate incitements to violence and intolerance;
            (F) to encourage and promote public-private partnerships in 
        Pakistan in order to bolster ongoing development efforts and 
        strengthen economic prospects, especially with respect to 
        opportunities to build civic responsibility and professional 
        skills of the people of Pakistan, including support for 
        institutions of higher learning with international 
        accreditation;
            (G) to expand people-to-people engagement between the two 
        countries, through increased educational, technical, and 
        cultural exchanges and other methods;
            (H) to encourage the development of local analytical 
        capacity to measure program effectiveness and progress on an 
        integrated basis, especially across the areas of United States 
        assistance and payments to Pakistan, and increase 
        accountability for how such assistance and payments are being 
        spent;
            (I) to assist Pakistan's efforts to improve 
        counterterrorism financing and anti-money laundering regulatory 
        structure in order to achieve international standards and 
        encourage Pakistan to apply for ``Financial Action Task Force'' 
        observer status and adhere to the United Nations International 
        Convention for the Suppression of the Financing of Terrorism;
            (J) to strengthen Pakistan's counterinsurgency and 
        counterterrorism strategy to help prevent any territory of 
        Pakistan from being used as a base or conduit for terrorist 
        attacks in Pakistan or elsewhere;
            (K) to strengthen Pakistan's efforts to develop strong and 
        effective law enforcement and national defense forces under 
        civilian leadership;
            (L) to achieve full cooperation in matters of counter-
        proliferation of nuclear materials and related networks;
            (M) to strengthen Pakistan's efforts to gain control of its 
        under-governed areas and address the threat posed by any person 
        or group that conducts violence, sabotage, or other terrorist 
        activities in Pakistan or its neighboring countries; and
            (N) to explore means to consult with and utilize the 
        relevant expertise and skills of the Pakistani-American 
        community.

 TITLE I--DEMOCRATIC, ECONOMIC, AND DEVELOPMENT ASSISTANCE FOR PAKISTAN

    SEC. 101. AUTHORIZATION OF ASSISTANCE.
    (a) In General.--The President is authorized to provide assistance 
to Pakistan--
        (1) to support the consolidation of democratic institutions;
        (2) to support the expansion of rule of law, build the capacity 
    of government institutions, and promote respect for 
    internationally-recognized human rights;
        (3) to promote economic freedoms and sustainable economic 
    development;
        (4) to support investment in people, including those displaced 
    in on-going counterinsurgency operations; and
        (5) to strengthen public diplomacy.
    (b) Activities Supported.--Activities that may be supported by 
assistance under subsection (a) include the following:
        (1) To support democratic institutions in Pakistan in order to 
    strengthen civilian rule and long-term stability, including 
    assistance such as--
            (A) support for efforts to strengthen Pakistan's 
        institutions, including the capacity of the National Parliament 
        of Pakistan, such as enhancing the capacity of committees to 
        oversee government activities, including national security 
        issues, enhancing the ability of members of parliament to 
        respond to constituents, and supporting of parliamentary 
        leadership;
            (B) support for voter education and civil society training 
        as well as appropriate support for political party capacity 
        building and responsiveness to the needs of all the people of 
        Pakistan; and
            (C) support for strengthening the capacity of the civilian 
        Government of Pakistan to carry out its responsibilities at the 
        national, provincial, and local levels.
        (2) To support Pakistan's efforts to expand rule of law, build 
    the capacity, transparency, and trust in government institutions, 
    and promote internationally recognized human rights, including 
    assistance such as--
            (A) supporting the establishment of frameworks that promote 
        government transparency and criminalize corruption in both the 
        government and private sector;
            (B) support for police professionalization, including 
        training regarding use of force, human rights, and community 
        policing;
            (C) support for independent, efficient, and effective 
        judicial and criminal justice systems, such as case management, 
        training, and efforts to enhance the rule of law to all areas 
        in Pakistan;
            (D) support for the implementation of legal and political 
        reforms in the FATA;
            (E) support to counter the narcotics trade;
            (F) support for internationally recognized human rights, 
        including strengthening civil society and nongovernmental 
        organizations working in the area of internationally recognized 
        human rights, as well as organizations that focus on protection 
        of women and girls, promotion of freedom of religion and 
        religious tolerance, and protection of ethnic or religious 
        minorities; and
            (G) support for promotion of a responsible, capable, and 
        independent media.
        (3) To support economic freedom and economic development in 
    Pakistan, including--
            (A) programs that support sustainable economic growth, 
        including in rural areas, and the sustainable management of 
        natural resources through investments in water resource 
        management systems;
            (B) expansion of agricultural and rural development, such 
        as farm-to-market roads, systems to prevent spoilage and waste, 
        and other small-scale infrastructure improvements;
            (C) investments in energy, including energy generation and 
        cross-border infrastructure projects with Afghanistan;
            (D) employment generation, including increasing investment 
        in infrastructure projects, including construction of roads and 
        the continued development of a national aviation industry and 
        aviation infrastructure, as well as support for small and 
        medium enterprises;
            (E) worker rights, including the right to form labor unions 
        and legally enforce provisions safeguarding the rights of 
        workers and local community stakeholders;
            (F) access to microfinance for small business establishment 
        and income generation, particularly for women; and
            (G) countering radicalization by providing economic, 
        social, educational, and vocational opportunities and life-
        skills training to at-risk youth.
        (4) To support investments in people, particularly women and 
    children, including--
            (A) promoting modern, public primary and secondary 
        education and vocational and technical training, including 
        programs to assist in the development of modern, nationwide 
        school curriculums for public, private, and religious schools; 
        support for the proper oversight of all educational 
        institutions, including religious schools, as required by 
        Pakistani law; initiatives to enhance access to education and 
        vocational and technical training for women and girls and to 
        increase women's literacy, with a special emphasis on helping 
        girls stay in school; and construction and maintenance of 
        libraries and public schools;
            (B) programs relating to higher education to ensure a 
        breadth and consistency of Pakistani graduates, including 
        through public-private partnerships;
            (C) improving quality public health to eliminate diseases 
        such as hepatitis and to reduce maternal and under-five 
        mortality rates;
            (D) building capacity for nongovernmental and civil society 
        organizations, particularly organizations with demonstrated 
        experience in delivering services to the people of Pakistan, 
        particularly to women, children, and other vulnerable 
        populations; and
            (E) support for refugees and internally displaced persons 
        and long-term development in regions of Pakistan where internal 
        conflict has caused large-scale displacement.
        (5) To strengthen public diplomacy to combat militant extremism 
    and promote a better understanding of the United States, 
    including--
            (A) encouraging civil society, respected scholars, and 
        other leaders to speak out against militancy and violence; and
            (B) expanded exchange activities under the Fulbright 
        Program, the International Visitor Leadership Program, the 
        Youth Exchange and Study Program, and related programs 
        administered by the Department of State designed to promote 
        mutual understanding and interfaith dialogue and expand sister 
        institution programs between United States and Pakistani 
        schools and universities.
    (c) Additional and Related Activities.--
        (1) Availability of amounts for pakistani police 
    professionalization, equipping, and training.--Not less than 
    $150,000,000 of the amounts appropriated for fiscal year 2010 
    pursuant to the authorization of appropriations under section 102 
    should be made available for assistance to Pakistan under this 
    section for police professionalization, equipping, and training.
        (2) Availability of amounts for administrative expenses.--Up to 
    $10,000,000 of the amounts appropriated for each fiscal year 
    pursuant to the authorization of appropriations under section 102 
    may be made available for administrative expenses of civilian 
    departments and agencies of the United States Government in 
    connection with the provision of assistance under this section. 
    Such amounts shall be in addition to amounts otherwise available 
    for such purposes.
        (3) Utilizing pakistani organizations.--The President is 
    encouraged, as appropriate, to utilize Pakistani firms and 
    community and local nongovernmental organizations in Pakistan, 
    including through host country contracts, and to work with local 
    leaders to provide assistance under this section.
        (4) Use of direct expenditures.--Amounts appropriated for each 
    fiscal year pursuant to the authorization of appropriations under 
    section 102 or otherwise made available to carry out this section 
    shall be utilized to the maximum extent possible as direct 
    expenditures for projects and programs, subject to existing 
    reporting and notification requirements.
        (5) Chief of mission fund.--Of the amounts appropriated for 
    each fiscal year pursuant to the authorization of appropriations 
    under section 102, up to $5,000,000 may be used by the Secretary of 
    State to establish a fund for use by the Chief of Mission in 
    Pakistan to provide assistance to Pakistan under this title or the 
    Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to address 
    urgent needs or opportunities, consistent with the purposes of this 
    section, or for purposes of humanitarian relief. The fund 
    established pursuant to this paragraph may be referred to as the 
    ``Chief of Mission Fund''.
        (6) Sense of congress.--It is the sense of Congress that--
            (A) the United States should provide robust assistance to 
        the people of Pakistan who have been displaced as a result of 
        ongoing conflict and violence in Pakistan and support 
        international efforts to coordinate assistance to refugees and 
        internally displaced persons in Pakistan, including by 
        providing support to international and nongovernmental 
        organizations for this purpose;
            (B) the Administrator of the United States Agency for 
        International Development should support the development 
        objectives of the Refugee Affected and Host Areas (RAHA) 
        Initiative in Pakistan to address livelihoods, health, 
        education, infrastructure development, and environmental 
        restoration in identified parts of the country where Afghan 
        refugees have lived; and
            (C) the United States should have a coordinated, strategic 
        communications strategy to engage the people of Pakistan and to 
        help ensure the success of the measures authorized by this 
        title.
    (d) Notification.--For fiscal years 2010 through 2014, the 
President shall notify the appropriate congressional committees not 
later than 15 days before obligating any assistance under this section 
as budgetary support to the Government of Pakistan or any element of 
the Government of Pakistan and shall include in such notification a 
description of the purpose and conditions attached to any such 
budgetary support.
    SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--There are authorized to be appropriated to the 
President, for the purposes of providing assistance to Pakistan under 
this title and to provide assistance to Pakistan under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), up to $1,500,000,000 
for each of the fiscal years 2010 through 2014.
    (b) Availability of Funds.--
        (1) In general.--Of the amounts appropriated in each fiscal 
    year pursuant to the authorization of appropriations in subsection 
    (a)--
            (A) none of the amounts appropriated for assistance to 
        Pakistan may be made available after the date that is 60 days 
        after the date of the enactment of this Act unless the Pakistan 
        Assistance Strategy Report has been submitted to the 
        appropriate congressional committees pursuant to section 
        301(a); and
            (B) not more than $750,000,000 may be made available for 
        assistance to Pakistan unless the President's Special 
        Representative to Afghanistan and Pakistan submits to the 
        appropriate congressional committees during such fiscal year--
                (i) a certification that assistance provided to 
            Pakistan under this title or the Foreign Assistance Act of 
            1961 to date has made or is making reasonable progress 
            toward achieving the principal objectives of United States 
            assistance to Pakistan contained in the Pakistan Assistance 
            Strategy Report; and
                (ii) a memorandum explaining the reasons justifying the 
            certification described in clause (i).
        (2) Maker of certification.--In the event of a vacancy in, or 
    the termination of, the position of the President's Special 
    Representative to Afghanistan and Pakistan, the certification and 
    memorandum described under paragraph (1)(B) may be made by the 
    Secretary of State.
    (c) Waiver.--The Secretary of State may waive the limitations in 
subsection (b) if the Secretary determines, and certifies to the 
appropriate congressional committees, that it is in the national 
security interests of the United States to do so.
    (d) Sense of Congress on Foreign Assistance Funds.--It is the sense 
of Congress that, subject to an improving political and economic 
climate in Pakistan, there should be authorized to be appropriated up 
to $1,500,000,000 for each of the fiscal years 2015 through 2019 for 
the purpose of providing assistance to Pakistan under the Foreign 
Assistance Act of 1961.
    SEC. 103. AUDITING.
    (a) Assistance Authorized.--The Inspector General of the Department 
of State, the Inspector General of the United States Agency for 
International Development, and the inspectors general of other Federal 
departments and agencies (other than the Inspector General of the 
Department of Defense) carrying out programs, projects, and activities 
using amounts appropriated to carry out this title shall audit, 
investigate, and oversee the obligation and expenditure of such 
amounts.
    (b) Authorization for In-Country Presence.--The Inspector General 
of the Department of State and the Inspector General of the United 
States Agency for International Development, after consultation with 
the Secretary of State and the Administrator of the United States 
Agency for International Development, are authorized to establish field 
offices in Pakistan with sufficient staff from each of the Offices of 
the Inspector General, respectively, to carry out subsection (a).
    (c) Authorization of Appropriations.--
        (1) In general.--Of the amounts authorized to be appropriated 
    under section 102 for each of the fiscal years 2010 through 2014, 
    up to $30,000,000 for each fiscal year is authorized to be made 
    available to carry out this section.
        (2) Relation to other available funds.--Amounts made available 
    under paragraph (1) are in addition to amounts otherwise available 
    for such purposes.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

    SEC. 201. PURPOSES OF ASSISTANCE.
    The purposes of assistance under this title are--
        (1) to support Pakistan's paramount national security need to 
    fight and win the ongoing counterinsurgency within its borders in 
    accordance with its national security interests;
        (2) to work with the Government of Pakistan to improve 
    Pakistan's border security and control and help prevent any 
    Pakistani territory from being used as a base or conduit for 
    terrorist attacks in Pakistan, or elsewhere;
        (3) to work in close cooperation with the Government of 
    Pakistan to coordinate action against extremist and terrorist 
    targets; and
        (4) to help strengthen the institutions of democratic 
    governance and promote control of military institutions by a 
    democratically elected civilian government.
    SEC. 202. AUTHORIZATION OF ASSISTANCE.
    (a) International Military Education and Training.--
        (1) In general.--There are authorized to be appropriated such 
    sums as may be necessary for each of the fiscal years 2010 through 
    2014 for assistance under chapter 5 of part II of the Foreign 
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to 
    international military education and training) for Pakistan, 
    including expanded international military education and training 
    (commonly known as ``E-IMET'').
        (2) Use of funds.--It is the sense of Congress that a 
    substantial amount of funds made available to carry out this 
    subsection for a fiscal year should be used to pay for courses of 
    study and training in counterinsurgency and civil-military 
    relations.
    (b) Foreign Military Financing Program.--
        (1) In general.--There are authorized to be appropriated such 
    sums as may be necessary for each of the fiscal years 2010 through 
    2014 for grant assistance under section 23 of the Arms Export 
    Control Act (22 U.S.C. 2763; relating to the Foreign Military 
    Financing program) for the purchase of defense articles, defense 
    services, and military education and training for Pakistan.
        (2) Use of funds.--
            (A) In general.--A significant portion of the amount made 
        available to carry out this subsection for a fiscal year shall 
        be for the purchase of defense articles, defense services, and 
        military education and training for activities relating to 
        counterinsurgency and counterterrorism operations in Pakistan.
            (B) Sense of congress.--It is the sense of Congress that a 
        significant majority of funds made available to carry out this 
        subsection for a fiscal year should be used for the purpose 
        described in subparagraph (A).
        (3) Additional authority.--Except as provided in sections 3 and 
    102 of the Arms Export Control Act, the second section 620J of the 
    Foreign Assistance Act of 1961 (as added by Public Law 110-161), 
    and any provision of an Act making appropriations for the 
    Department of State, foreign operations, and related programs that 
    restricts assistance to the government of any country whose duly 
    elected head of government is deposed by military coup or decree, 
    and except as otherwise provided in this title, amounts authorized 
    to be made available to carry out paragraph (2) for fiscal years 
    2010 and 2011 are authorized to be made available notwithstanding 
    any other provision of law.
        (4) Definitions.--In this section, the terms ``defense 
    articles'', ``defense services'', and ``military education and 
    training'' have the meaning given such terms in section 644 of the 
    Foreign Assistance Act of 1961 (22 U.S.C. 2403).
    (c) Sense of Congress.--It is the sense of Congress that the United 
States should facilitate Pakistan's establishment of a program to 
provide reconstruction assistance, including through Pakistan's 
military as appropriate, in areas damaged by combat operations.
    (d) Exchange Program Between Military and Civilian Personnel of 
Pakistan and Certain Other Countries.--
        (1) In general.--The Secretary of State is authorized to 
    establish an exchange program between--
            (A) military and civilian personnel of Pakistan; and
            (B)(i) military and civilian personnel of countries 
        determined by the Secretary of State to be in the process of 
        consolidating and strengthening a democratic form of 
        government; or
            (ii) military and civilian personnel of North Atlantic 
        Treaty Organization member countries,
    in order to foster greater mutual respect for and understanding of 
    the principle of civilian rule of the military.
        (2) Elements of program.--The program authorized under 
    paragraph (1) may include conferences, seminars, exchanges, and 
    other events, distribution of publications and reimbursements of 
    expenses of foreign military personnel participating in the 
    program, including transportation, translation and administrative 
    expenses.
        (3) Role of nongovernmental organizations.--Amounts authorized 
    to be appropriated to carry out this section for a fiscal year are 
    authorized to be made available for nongovernmental organizations 
    to facilitate the implementation of the program authorized under 
    paragraph (1).
        (4) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary for each of the 
    fiscal years 2010 through 2014 to carry out the program established 
    by this subsection.
    SEC. 203. LIMITATIONS ON CERTAIN ASSISTANCE.
    (a) Limitation on Security-related Assistance.--For fiscal years 
2011 through 2014, no security-related assistance may be provided to 
Pakistan in a fiscal year until the Secretary of State, under the 
direction of the President, makes the certification required under 
subsection (c) for such fiscal year.
    (b) Limitation on Arms Transfers.--For fiscal years 2012 through 
2014, no letter of offer to sell major defense equipment to Pakistan 
may be issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 
et seq.) and no license to export major defense equipment to Pakistan 
may be issued pursuant to such Act in a fiscal year until the Secretary 
of State, under the direction of the President, makes the certification 
required under subsection (c) for such fiscal year.
    (c) Certification.--The certification required by this subsection 
is a certification by the Secretary of State, under the direction of 
the President, to the appropriate congressional committees that--
        (1) the Government of Pakistan is continuing to cooperate with 
    the United States in efforts to dismantle supplier networks 
    relating to the acquisition of nuclear weapons-related materials, 
    such as providing relevant information from or direct access to 
    Pakistani nationals associated with such networks;
        (2) the Government of Pakistan during the preceding fiscal year 
    has demonstrated a sustained commitment to and is making 
    significant efforts towards combating terrorist groups, consistent 
    with the purposes of assistance described in section 201, including 
    taking into account the extent to which the Government of Pakistan 
    has made progress on matters such as--
            (A) ceasing support, including by any elements within the 
        Pakistan military or its intelligence agency, to extremist and 
        terrorist groups, particularly to any group that has conducted 
        attacks against United States or coalition forces in 
        Afghanistan, or against the territory or people of neighboring 
        countries;
            (B) preventing al Qaeda, the Taliban and associated 
        terrorist groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, 
        from operating in the territory of Pakistan, including carrying 
        out cross-border attacks into neighboring countries, closing 
        terrorist camps in the FATA, dismantling terrorist bases of 
        operations in other parts of the country, including Quetta and 
        Muridke, and taking action when provided with intelligence 
        about high-level terrorist targets; and
            (C) strengthening counterterrorism and anti-money 
        laundering laws; and
        (3) the security forces of Pakistan are not materially and 
    substantially subverting the political or judicial processes of 
    Pakistan.
    (d) Certain Payments.--
        (1) In general.--Subject to paragraph (2), none of the funds 
    appropriated for security-related assistance for fiscal years 2010 
    through 2014, or any amounts appropriated to the Pakistan 
    Counterinsurgency Capability Fund established under the 
    Supplemental Appropriations Act, 2009 (Public Law 111-32), may be 
    obligated or expended to make payments relating to--
            (A) the Letter of Offer and Acceptance PK-D-YAD signed 
        between the Governments of the United States of America and 
        Pakistan on September 30, 2006;
            (B) the Letter of Offer and Acceptance PK-D-NAP signed 
        between the Governments of the United States of America and 
        Pakistan on September 30, 2006; and
            (C) the Letter of Offer and Acceptance PK-D-SAF signed 
        between the Governments of the United States of America and 
        Pakistan on September 30, 2006.
        (2) Exception.--Funds appropriated for security-related 
    assistance for fiscal years 2010 through 2014 may be used for 
    construction and related activities carried out pursuant to the 
    Letters of Offer and Acceptance described in paragraph (1).
    (e) Waiver.--
        (1) In general.--The Secretary of State, under the direction of 
    the President, may waive the limitations contained in subsections 
    (a), (b), and (d) for a fiscal year if the Secretary of State 
    determines that is important to the national security interests of 
    the United States to do so.
        (2) Prior notice of waiver.--The Secretary of State, under the 
    direction of the President, may not exercise the authority of 
    paragraph (1) until 7 days after the Secretary of State provides to 
    the appropriate congressional committees a written notice of the 
    intent to issue to waiver and the reasons therefor. The notice may 
    be submitted in classified or unclassified form, as necessary.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Foreign Affairs, the Committee on Armed 
    Services, the Committee on Oversight and Government Reform, and the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives; and
        (2) the Committee on Foreign Relations, the Committee on Armed 
    Services, and the Select Committee on Intelligence of the Senate.
    SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.
    (a) For Fiscal Year 2010.--
        (1) In general.--For fiscal year 2010, the Department of 
    State's Pakistan Counterinsurgency Capability Fund established 
    under the Supplemental Appropriations Act, 2009 (Public Law 111-
    32), hereinafter in this section referred to as the ``Fund'', shall 
    consist of the following:
            (A) Amounts appropriated to carry out this subsection 
        (which may not include any amounts appropriated to carry out 
        title I of this Act).
            (B) Amounts otherwise available to the Secretary of State 
        to carry out this subsection.
        (2) Purposes of fund.--Amounts in the Fund made available to 
    carry out this subsection for any fiscal year are authorized to be 
    used by the Secretary of State, with the concurrence of the 
    Secretary of Defense, to build and maintain the counterinsurgency 
    capability of Pakistan under the same terms and conditions (except 
    as otherwise provided in this subsection) that are applicable to 
    amounts made available under the Fund for fiscal year 2009.
        (3) Transfer authority.--
            (A) In general.--The Secretary of State is authorized to 
        transfer amounts in the Fund made available to carry out this 
        subsection for any fiscal year to the Department of Defense's 
        Pakistan Counterinsurgency Fund established under the 
        Supplemental Appropriations Act, 2009 (Public Law 111-32) and 
        such amounts may be transferred back to the Fund if the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, determines that such amounts are not needed for the 
        purposes for which initially transferred.
            (B) Treatment of transferred funds.--Subject to subsections 
        (d) and (e) of section 203, transfers from the Fund under the 
        authority of subparagraph (A) shall be merged with and be 
        available for the same purposes and for the same time period as 
        amounts in the Department of Defense's Pakistan 
        Counterinsurgency Fund.
            (C) Relation to other authorities.--The authority to 
        provide assistance under this subsection is in addition to any 
        other authority to provide assistance to foreign countries.
            (D) Notification.--The Secretary of State shall, not less 
        than 15 days prior to making transfers from the Fund under 
        subparagraph (A), notify the appropriate congressional 
        committees in writing of the details of any such transfer.
    (b) Submission of Notifications.--Any notification required by this 
section may be submitted in classified or unclassified form, as 
necessary.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Appropriations, the Committee on Armed 
    Services, and the Committee on Foreign Affairs of the House of 
    Representatives; and
        (2) the Committee on Appropriations, the Committee on Armed 
    Services, and the Committee on Foreign Relations of the Senate.
    SEC. 205. REQUIREMENTS FOR CIVILIAN CONTROL OF CERTAIN ASSISTANCE.
    (a) Requirements.--
        (1) In general.--For fiscal years 2010 through 2014, any direct 
    cash security-related assistance or non-assistance payments by the 
    United States to the Government of Pakistan may only be provided or 
    made to civilian authorities of a civilian government of Pakistan.
        (2) Documentation.--For fiscal years 2010 through 2014, the 
    Secretary of State, in coordination with the Secretary of Defense, 
    shall ensure that civilian authorities of a civilian government of 
    Pakistan have received a copy of final documentation provided to 
    the United States related to non-assistance payments provided or 
    made to the Government of Pakistan.
    (b) Waiver.--
        (1) Security-related assistance.--The Secretary of State, in 
    consultation with the Secretary of Defense, may waive the 
    requirements of subsection (a) with respect to security-related 
    assistance described in subsection (a) funded from accounts within 
    budget function 150 (International Affairs) if the Secretary of 
    State certifies to the appropriate congressional committees that 
    the waiver is important to the national security interest of the 
    United States.
        (2) Non-assistance payments.--The Secretary of Defense, in 
    consultation with the Secretary of State, may waive the 
    requirements of subsection (a) with respect to non-assistance 
    payments described in subsection (a) funded from accounts within 
    budget function 050 (National Defense) if the Secretary of Defense 
    certifies to the appropriate congressional committees that the 
    waiver is important to the national security interest of the United 
    States.
    (c) Application to Certain Activities.--Nothing in this section 
shall apply with respect to--
        (1) any activities subject to reporting requirements under 
    title V of the National Security Act of 1947 (50 U.S.C. 413 et 
    seq.);
        (2) any assistance to promote democratic elections or public 
    participation in democratic processes;
        (3) any assistance or payments if the Secretary of State 
    determines and certifies to the appropriate congressional 
    committees that subsequent to the termination of assistance or 
    payments a democratically elected government has taken office;
        (4) any assistance or payments made pursuant to section 1208 of 
    the Ronald W. Reagan National Defense Authorization Act for Fiscal 
    Year 2005 (Public Law 108-375; 118 Stat. 2086), as amended;
        (5) any payments made pursuant to the Acquisition and Cross-
    Servicing Agreement between the Department of Defense of the United 
    States of America and the Ministry of Defense of the Islamic 
    Republic of Pakistan; and
        (6) any assistance or payments made pursuant to section 943 of 
    the Duncan Hunter National Defense Authorization Act for Fiscal 
    Year 2009 (Public Law 110-417; 122 Stat. 4578).
    (d) Definitions.--In this section--
        (1) the term ``appropriate congressional committees'' means the 
    Committees on Appropriations, Armed Services, and Foreign Affairs 
    of the House of Representatives and the Committees on 
    Appropriations, Armed Services, and Foreign Relations of the 
    Senate; and
        (2) the term ``civilian government of Pakistan'' does not 
    include any government of Pakistan whose duly elected head of 
    government is deposed by military coup or decree.

 TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS

    SEC. 301. STRATEGY REPORTS.
    (a) Pakistan Assistance Strategy Report.--Not later than 45 days 
after the date of enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a report describing 
United States policy and strategy with respect to assistance to 
Pakistan under this Act. The report shall include the following:
        (1) A description of the principal objectives of United States 
    assistance to Pakistan to be provided under title I of this Act.
        (2) A general description of the specific programs, projects, 
    and activities designed to achieve the purposes of section 101 and 
    the respective funding levels for such programs, projects, and 
    activities for fiscal years 2010 through 2014.
        (3) A plan for program monitoring, operations research, and 
    impact evaluation research for assistance authorized under title I 
    of this Act.
        (4) A description of the role to be played by Pakistani 
    national, regional, and local officials and members of Pakistani 
    civil society and local private sector, civic, religious, and 
    tribal leaders in helping to identify and implement programs and 
    projects for which assistance is to be provided under this Act, and 
    of consultations with such representatives in developing the 
    strategy.
        (5) A description of the steps taken, or to be taken, to ensure 
    assistance provided under this Act is not awarded to individuals or 
    entities affiliated with terrorist organizations.
        (6) A projection of the levels of assistance to be provided to 
    Pakistan under this Act, broken down into the following categories 
    as described in the annual ``Report on the Criteria and Methodology 
    for Determining the Eligibility of Candidate Countries for 
    Millennium Challenge Account Assistance'':
            (A) Civil liberties.
            (B) Political rights.
            (C) Voice and accountability.
            (D) Government effectiveness.
            (E) Rule of law.
            (F) Control of corruption.
            (G) Immunization rates.
            (H) Public expenditure on health.
            (I) Girls' primary education completion rate.
            (J) Public expenditure on primary education.
            (K) Natural resource management.
            (L) Business start-up.
            (M) Land rights and access.
            (N) Trade policy.
            (O) Regulatory quality.
            (P) Inflation control.
            (Q) Fiscal policy.
        (7) An analysis for the suitable replacement for existing 
    Pakistani helicopters, including recommendations for sustainment 
    and training.
    (b) Comprehensive Regional Strategy Report.--
        (1) Sense of congress.--It is the sense of Congress that the 
    achievement of United States national security goals to eliminate 
    terrorist threats and close safe havens in Pakistan requires the 
    development of a comprehensive plan that utilizes all elements of 
    national power, including in coordination and cooperation with 
    other concerned governments, and that it is critical to Pakistan's 
    long-term prosperity and security to strengthen regional 
    relationships among India, Pakistan, and Afghanistan.
        (2) Comprehensive regional security strategy.--The President 
    shall develop a comprehensive interagency regional security 
    strategy to eliminate terrorist threats and close safe havens in 
    Pakistan, including by working with the Government of Pakistan and 
    other relevant governments and organizations in the region and 
    elsewhere, as appropriate, to best implement effective 
    counterinsurgency and counterterrorism efforts in and near the 
    border areas of Pakistan and Afghanistan, including the FATA, the 
    NWFP, parts of Balochistan, and parts of Punjab.
        (3) Report.--
            (A) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a report on the 
        comprehensive regional security strategy required under 
        paragraph (2).
            (B) Contents.--The report shall include a copy of the 
        comprehensive regional security strategy, including 
        specifications of goals, and proposed timelines and budgets for 
        implementation of the strategy.
            (C) Appropriate congressional committees defined.--In this 
        paragraph, the term ``appropriate congressional committees'' 
        means--
                (i) the Committee on Appropriations, the Committee on 
            Armed Services, the Committee on Foreign Affairs, and the 
            Permanent Select Committee on Intelligence of the House of 
            Representatives; and
                (ii) the Committee on Appropriations, the Committee on 
            Armed Services, the Committee on Foreign Relations, and the 
            Select Committee on Intelligence of the Senate.
    (c) Security-related Assistance Plan.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees a plan for the 
proposed use of amounts authorized for security-related assistance for 
each of the fiscal years 2010 through 2014. Such plan shall include an 
assessment of how the use of such amounts complements or otherwise is 
related to amounts described in section 204.
    SEC. 302. MONITORING REPORTS.
    (a) Semi-Annual Monitoring Report.--Not later than 180 days after 
the submission of the Pakistan Assistance Strategy Report pursuant to 
section 301(a), and every 180 days thereafter through September 30, 
2014, the Secretary of State, in consultation with the Secretary of 
Defense, shall submit to the appropriate congressional committees a 
report that describes the assistance provided under this Act during the 
preceding 180-day period. The report shall include--
        (1) a description of all assistance by program, project, and 
    activity, as well as by geographic area, provided pursuant to title 
    I of this Act during the period covered by the report, including 
    the amount of assistance provided for each program or project, and 
    with respect to the first report a description of all amounts made 
    available for assistance to Pakistan during fiscal year 2009, 
    including a description of each program, project, and activity for 
    which funds were made available;
        (2) a list of persons or entities from the United States or 
    other countries that have received funds in excess of $100,000 to 
    conduct projects under title I of this Act during the period 
    covered by the report, which may be included in a classified annex, 
    if necessary to avoid a security risk, and a justification for the 
    classification;
        (3) with respect to the plan described in section 301(a)(3), 
    updates to such plan and a description of best practices to improve 
    the impact of the assistance authorized under title I of this Act;
        (4) an assessment of the effectiveness of assistance provided 
    under title I of this Act during the period covered by the report 
    in achieving desired objectives and outcomes as guided by the plan 
    described in section 301(a)(3), and as updated pursuant to 
    paragraph (3) of this subsection, including a systematic, 
    qualitative, and where possible, quantitative basis for assessing 
    whether desired outcomes are achieved and a timeline for completion 
    of each project and program;
        (5) a description of any shortfall in United States financial, 
    physical, technical, or human resources that hinder the effective 
    use and monitoring of such funds;
        (6) a description of any negative impact, including the 
    absorptive capacity of the region for which the resources are 
    intended, of United States bilateral or multilateral assistance and 
    recommendations for modification of funding, if any;
        (7) any incidents or reports of waste, fraud, and abuse of 
    expenditures under title I of this Act;
        (8) the amount of funds authorized to be appropriated pursuant 
    to section 102 that were used during the reporting period for 
    administrative expenses or for audits and program reviews pursuant 
    to the authority under sections 101(c)(2) and 103;
        (9) a description of the expenditures made from any Chief of 
    Mission Fund established pursuant to section 101(c)(5) during the 
    period covered by the report, the purposes for which such 
    expenditures were made, and a list of the recipients of any 
    expenditures from the Chief of Mission Fund in excess of $100,000;
        (10) an accounting of assistance provided to Pakistan under 
    title I of this Act, broken down into the categories set forth in 
    section 301(a)(6);
        (11) an evaluation of efforts undertaken by the Government of 
    Pakistan to--
            (A) disrupt, dismantle, and defeat al Qaeda, the Taliban, 
        and other extremist and terrorist groups in the FATA and 
        settled areas;
            (B) eliminate the safe havens of such forces in Pakistan;
            (C) close terrorist camps, including those of Lashkar-e-
        Taiba and Jaish-e-Mohammed;
            (D) cease all support for extremist and terrorist groups;
            (E) prevent attacks into neighboring countries;
            (F) increase oversight over curriculum in madrassas, 
        including closing madrassas with direct links to the Taliban or 
        other extremist and terrorist groups; and
            (G) improve counterterrorism financing and anti-money 
        laundering laws, apply for observer status for the Financial 
        Action Task Force, and take steps to adhere to the United 
        Nations International Convention for the Suppression of 
        Financing of Terrorism;
        (12) a detailed description of Pakistan's efforts to prevent 
    proliferation of nuclear-related material and expertise;
        (13) an assessment of whether assistance provided to Pakistan 
    has directly or indirectly aided the expansion of Pakistan's 
    nuclear weapons program, whether by the diversion of United States 
    assistance or the reallocation of Pakistan's financial resources 
    that would otherwise be spent for programs and activities unrelated 
    to its nuclear weapons program;
        (14) a detailed description of the extent to which funds 
    obligated and expended pursuant to section 202(b) meet the 
    requirements of such section; and
        (15) an assessment of the extent to which the Government of 
    Pakistan exercises effective civilian control of the military, 
    including a description of the extent to which civilian executive 
    leaders and parliament exercise oversight and approval of military 
    budgets, the chain of command, the process of promotion for senior 
    military leaders, civilian involvement in strategic guidance and 
    planning, and military involvement in civil administration.
    (b) Government Accountability Office Reports.--
        (1) Pakistan assistance strategy report.--Not later than one 
    year after the submission of the Pakistan Assistance Strategy 
    Report pursuant to section 301(a), the Comptroller General of the 
    United States shall submit to the appropriate congressional 
    committees a report that contains--
            (A) a review of, and comments addressing, the Pakistan 
        Assistance Strategy Report;
            (B) recommendations relating to any additional actions the 
        Comptroller General believes could help improve the efficiency 
        and effectiveness of United States efforts to meet the 
        objectives of this Act;
            (C) a detailed description of the expenditures made by 
        Pakistan pursuant to grant assistance under section 23 of the 
        Arms Export Control Act (22 U.S.C. 2763; relating to the 
        Foreign Military Financing program); and
            (D) an assessment of the impact of the assistance on the 
        security and stability of Pakistan.
        (2) Certification report.--Not later than 120 days after the 
    date on which the President makes the certification described in 
    section 203(c) for a fiscal year, the Comptroller General of the 
    United States shall conduct an independent analysis of the 
    certification described in such section and shall submit to the 
    appropriate congressional committees a report containing the 
    results of the independent analysis.
    (c) Submission.--The Secretary of State may submit the reports 
required by this section in conjunction with other reports relating to 
Pakistan required under other provisions of law, including sections 
1116 and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1906 and 1907).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Appropriations, the Committee on Armed 
    Services, and the Committee on Foreign Affairs of the House of 
    Representatives; and
        (2) the Committee on Appropriations, the Committee on Armed 
    Services, and the Committee on Foreign Relations of the Senate.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```