II 

111TH CONGRESS 

1ST SESSION S. 1707 

To authorize appropriations for fiscal years 2010 through 2014 to promote 

an enhanced strategic partnership with Pakistan and its people, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2009 

Mr. KERRY (for himself and Mr. LUGAR) introduced the following bill; which 

was read twice, considered, read the third time, and passed 

A BILL 

To authorize appropriations for fiscal years 2010 through 

2014 to promote an enhanced strategic partnership with 

Pakistan and its people, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Enhanced Partnership with Pakistan Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Statement of principles. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as otherwise provided in this Act, the 

5 term ‘‘appropriate congressional committees’’ means 

6 the Committees on Appropriations and Foreign Re7 lations of the Senate and the Committees on Appro8 priations and Foreign Affairs of the House of Rep9 resentatives. 

10 (2) COUNTERINSURGENCY.—The term ‘‘coun11 terinsurgency’’ means efforts to defeat organized 

12 movements that seek to overthrow the duly con13 stituted Governments of Pakistan and Afghanistan 

14 through violent means. 

15 (3) COUNTERTERRORISM.—The term ‘‘counter16 terrorism’’ means efforts to combat al Qaeda and 


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1 other foreign terrorist organizations that are des2 ignated by the Secretary of State in accordance with 

3 section 219 of the Immigration and Nationality Act 

4 (8 U.S.C. 1189), or other individuals and entities 

5 engaged in terrorist activity or support for such ac6 tivity. 

7 (4) FATA.—The term ‘‘FATA’’ means the 

8 Federally Administered Tribal Areas of Pakistan. 

9 (5) FRONTIER CRIMES REGULATION.—The 

10 term ‘‘Frontier Crimes Regulation’’ means the Fron11 tier Crimes Regulation, codified under British law in 

12 1901, and applicable to the FATA. 

13 (6) IMPACT EVALUATION RESEARCH.—The 

14 term ‘‘impact evaluation research’’ means the appli15 cation of research methods and statistical analysis to 

16 measure the extent to which change in a population17 based outcome can be attributed to program inter18 vention instead of other environmental factors. 

19 (7) MAJOR DEFENSE EQUIPMENT.—The term 

20 ‘‘major defense equipment’’ has the meaning given 

21 the term in section 47(6) of the Arms Export Con22 trol Act (22 U.S.C. 2794(6)). 

23 (8) NWFP.—The term ‘‘NWFP’’ means the 

24 North West Frontier Province of Pakistan, which 

25 has Peshawar as its provincial capital. 


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1 (9) OPERATIONS RESEARCH.—The term ‘‘oper2 ations research’’ means the application of social 

3 science research methods, statistical analysis, and 

4 other appropriate scientific methods to judge, com5 pare, and improve policies and program outcomes, 

6 from the earliest stages of defining and designing 

7 programs through their development and implemen8 tation, with the objective of the rapid dissemination 

9 of conclusions and concrete impact on programming. 

10 (10) SECURITY FORCES OF PAKISTAN.—The 

11 term ‘‘security forces of Pakistan’’ means the mili12 tary and intelligence services of the Government of 

13 Pakistan, including the Armed Forces, Inter-Serv14 ices Intelligence Directorate, Intelligence Bureau, 

15 police forces, levies, Frontier Corps, and Frontier 

16 Constabulary. 

17 (11) SECURITY-RELATED ASSISTANCE.—The 

18 term ‘‘security-related assistance’’— 

19 (A) means— 

20 (i) grant assistance to carry out sec21 tion 23 of the Arms Export Control Act 

22 (22 U.S.C. 2763); and 

23 (ii) assistance under chapter 2 of part 

24 II of the Foreign Assistance Act of 1961 

25 (22 U.S.C. 2311 et. seq); but 


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1 (B) does not include— 

2 (i) assistance authorized to be appro3 priated or otherwise made available under 

4 any provision of law that is funded from 

5 accounts within budget function 050 (Na6 tional Defense); and 

7 (ii) amounts appropriated or other8 wise available to the Pakistan Counter9 insurgency Capability Fund established 

10 under the Supplemental Appropriations 

11 Act, 2009 (Public Law 111–32). 

12 SEC. 3. FINDINGS. 

13 Congress finds the following: 

14 (1) The people of the Islamic Republic of Paki15 stan and the United States share a long history of 

16 friendship and comity, and the interests of both na17 tions are well-served by strengthening and deepening 

18 this friendship. 

19 (2) Since 2001, the United States has contrib20 uted more than $15,000,000,000 to Pakistan, of 

21 which more than $10,000,000,000 has been security22 related assistance and direct payments. 

23 (3) With the free and fair election of February 

24 18, 2008, Pakistan returned to civilian rule, revers25 ing years of political tension and mounting popular 


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1 concern over military rule and Pakistan’s own demo2 cratic reform and political development. 

3 (4) Pakistan is a major non-NATO ally of the 

4 United States and has been a valuable partner in 

5 the battle against al Qaeda and the Taliban, but 

6 much more remains to be accomplished by both na7 tions. 

8 (5) The struggle against al Qaeda, the Taliban, 

9 and affiliated terrorist groups has led to the deaths 

10 of several thousand Pakistani civilians and members 

11 of the security forces of Pakistan over the past seven 

12 years. 

13 (6) Despite killing or capturing hundreds of al 

14 Qaeda operatives and other terrorists—including 

15 major al Qaeda leaders, such as Khalid Sheikh Mu16 hammad, Ramzi bin al-Shibh, and Abu Faraj al17 Libi—the FATA, parts of the NWFP, Quetta in 

18 Balochistan, and Muridke in Punjab remain a sanc19 tuary for al Qaeda, the Afghan Taliban, the Terikh20 e Taliban and affiliated groups from which these 

21 groups organize terrorist actions against Pakistan 

22 and other countries. 

23 (7) The security forces of Pakistan have strug24 gled to contain a Taliban-backed insurgency, re25 cently taking direct action against those who threatVerDate Nov 24 2008 03:46 Sep 25, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.CPS S1707

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1 en Pakistan’s security and stability, including mili2 tary operations in the FATA and the NWFP. 

3 (8) On March 27, 2009, President Obama 

4 noted, ‘‘Multiple intelligence estimates have warned 

5 that al Qaeda is actively planning attacks on the 

6 United States homeland from its safe-haven in Paki7 stan.’’. 

8 (9) According to a Government Accountability 

9 Office report (GAO–08–622), ‘‘since 2003, the 

10 [A]dministration’s national security strategies and 

11 Congress have recognized that a comprehensive plan 

12 that includes all elements of national power—diplo13 matic, military, intelligence, development assistance, 

14 economic, and law enforcement support—was needed 

15 to address the terrorist threat emanating from the 

16 FATA’’ and that such a strategy was also mandated 

17 by section 7102(b)(3) of the Intelligence Reform and 

18 Terrorism Prevention Act of 2004 (Public Law 108– 

19 458; 22 U.S.C. 2656f note) and section 2042(b)(2) 

20 of the Implementing the Recommendations of the 9/ 

21 11 Commission Act of 2007 (Public Law 110–53; 22 

22 U.S.C. 2375 note). 

23 (10) During 2008 and 2009, the people of 

24 Pakistan have been especially hard hit by rising food 

25 and commodity prices and severe energy shortages, 


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with 2 1 ⁄3 of the population living on less than $2 a 

day and 1 2 ⁄5 of the population living below the pov3 erty line according to the United Nations Develop4 ment Program. 

5 (11) Economic growth is a fundamental founda6 tion for human security and national stability in 

7 Pakistan, a country with more than 175,000,000 

8 people, an annual population growth rate of two per9 cent, and a ranking of 136 out of 177 countries in 

10 the United Nations Human Development Index. 

11 (12) The 2009 Pakistani military offensive in 

12 the NWFP and the FATA displaced millions of resi13 dents in one of the gravest humanitarian crises 

14 Pakistan has faced, and despite the heroic efforts of 

15 Pakistanis to respond to the needs of the displaced 

16 millions and facilitate the return of many, it has 

17 highlighted the need for Pakistan to develop an ef18 fective national counterinsurgency strategy. 

19 SEC. 4. STATEMENT OF PRINCIPLES. 

20 Congress declares that the relationship between the 

21 United States and Pakistan should be based on the fol22 lowing principles: 

23 (1) Pakistan is a critical friend and ally to the 

24 United States, both in times of strife and in times 

25 of peace, and the two countries share many common 


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1 goals, including combating terrorism and violent 

2 radicalism, solidifying democracy and rule of law in 

3 Pakistan, and promoting the social and economic de4 velopment of Pakistan. 

5 (2) United States assistance to Pakistan is in6 tended to supplement, not supplant, Pakistan’s own 

7 efforts in building a stable, secure, and prosperous 

8 Pakistan. 

9 (3) The United States requires a balanced, inte10 grated, countrywide strategy for Pakistan that pro11 vides assistance throughout the country and does 

12 not disproportionately focus on security-related as13 sistance or one particular area or province. 

14 (4) The United States supports Pakistan’s 

15 struggle against extremist elements and recognizes 

16 the profound sacrifice made by Pakistan in the fight 

17 against terrorism, including the loss of more than 

18 1,900 soldiers and police since 2001 in combat with 

19 al Qaeda, the Taliban, and other extremist and ter20 rorist groups. 

21 (5) The United States intends to work with the 

22 Government of Pakistan— 

23 (A) to build mutual trust and confidence 

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1 tween the two countries, devoted to strength2 ening the mutual security, stability, and pros3 perity of both countries; 

4 (B) to support the people of Pakistan and 

5 their democratic government in their efforts to 

6 consolidate democracy, including strengthening 

7 Pakistan’s parliament, helping Pakistan rees8 tablish an independent and transparent judicial 

9 system, and working to extend the rule of law 

10 in all areas in Pakistan; 

11 (C) to promote sustainable long-term de12 velopment and infrastructure projects, including 

13 in healthcare, education, water management, 

14 and energy programs, in all areas of Pakistan, 

15 that are sustained and supported by each suc16 cessive democratic government in Pakistan; 

17 (D) to ensure that all the people of Paki18 stan, including those living in areas governed by 

19 the Frontier Crimes Regulation, have access to 

20 public, modernized education and vocational 

21 training to enable them to provide for them22 selves, for their families, and for a more pros23 perous future for their children; 

24 (E) to support the strengthening of core 

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1 stan, including madrassas, in order to improve 

2 the prospects for Pakistani children’s futures 

3 and eliminate incitements to violence and intol4 erance; 

5 (F) to encourage and promote public-pri6 vate partnerships in Pakistan in order to bol7 ster ongoing development efforts and strength8 en economic prospects, especially with respect 

9 to opportunities to build civic responsibility and 

10 professional skills of the people of Pakistan, in11 cluding support for institutions of higher learn12 ing with international accreditation; 

13 (G) to expand people-to-people engagement 

14 between the two countries, through increased 

15 educational, technical, and cultural exchanges 

16 and other methods; 

17 (H) to encourage the development of local 

18 analytical capacity to measure program effec19 tiveness and progress on an integrated basis, 

20 especially across the areas of United States as21 sistance and payments to Pakistan, and in22 crease accountability for how such assistance 

23 and payments are being spent; 

24 (I) to assist Pakistan’s efforts to improve 

25 counterterrorism financing and anti-money 


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1 laundering regulatory structure in order to 

2 achieve international standards and encourage 

3 Pakistan to apply for ‘‘Financial Action Task 

4 Force’’ observer status and adhere to the 

5 United Nations International Convention for 

6 the Suppression of the Financing of Terrorism; 

7 (J) to strengthen Pakistan’s counterinsur8 gency and counterterrorism strategy to help 

9 prevent any territory of Pakistan from being 

10 used as a base or conduit for terrorist attacks 

11 in Pakistan or elsewhere; 

12 (K) to strengthen Pakistan’s efforts to de13 velop strong and effective law enforcement and 

14 national defense forces under civilian leader15 ship; 

16 (L) to achieve full cooperation in matters 

17 of counter-proliferation of nuclear materials and 

18 related networks; 

19 (M) to strengthen Pakistan’s efforts to 

20 gain control of its under-governed areas and ad21 dress the threat posed by any person or group 

22 that conducts violence, sabotage, or other ter23 rorist activities in Pakistan or its neighboring 

24 countries; and 


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1 (N) to explore means to consult with and 

2 utilize the relevant expertise and skills of the 

3 Pakistani-American community. 

4 TITLE I—DEMOCRATIC, ECO5 NOMIC, AND DEVELOPMENT 

6 ASSISTANCE FOR PAKISTAN 

7 SEC. 101. AUTHORIZATION OF ASSISTANCE. 

8 (a) IN GENERAL.—The President is authorized to 

9 provide assistance to Pakistan— 

10 (1) to support the consolidation of democratic 

11 institutions; 

12 (2) to support the expansion of rule of law, 

13 build the capacity of government institutions, and 

14 promote respect for internationally-recognized 

15 human rights; 

16 (3) to promote economic freedoms and sustain17 able economic development; 

18 (4) to support investment in people, including 

19 those displaced in on-going counterinsurgency oper20 ations; and 

21 (5) to strengthen public diplomacy. 

22 (b) ACTIVITIES SUPPORTED.—Activities that may be 

23 supported by assistance under subsection (a) include the 

24 following: 


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1 (1) To support democratic institutions in Paki2 stan in order to strengthen civilian rule and long3 term stability, including assistance such as— 

4 (A) support for efforts to strengthen Paki5 stan’s institutions, including the capacity of the 

6 National Parliament of Pakistan, such as en7 hancing the capacity of committees to oversee 

8 government activities, including national secu9 rity issues, enhancing the ability of members of 

10 parliament to respond to constituents, and sup11 porting of parliamentary leadership; 

12 (B) support for voter education and civil 

13 society training as well as appropriate support 

14 for political party capacity building and respon15 siveness to the needs of all the people of Paki16 stan; and 

17 (C) support for strengthening the capacity 

18 of the civilian Government of Pakistan to carry 

19 out its responsibilities at the national, provin20 cial, and local levels. 

21 (2) To support Pakistan’s efforts to expand 

22 rule of law, build the capacity, transparency, and 

23 trust in government institutions, and promote inter24 nationally recognized human rights, including assist25 ance such as— 


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1 (A) supporting the establishment of frame2 works that promote government transparency 

3 and criminalize corruption in both the govern4 ment and private sector; 

5 (B) support for police professionalization, 

6 including training regarding use of force, 

7 human rights, and community policing; 

8 (C) support for independent, efficient, and 

9 effective judicial and criminal justice systems, 

10 such as case management, training, and efforts 

11 to enhance the rule of law to all areas in Paki12 stan; 

13 (D) support for the implementation of 

14 legal and political reforms in the FATA; 

15 (E) support to counter the narcotics trade; 

16 (F) support for internationally recognized 

17 human rights, including strengthening civil soci18 ety and nongovernmental organizations working 

19 in the area of internationally recognized human 

20 rights, as well as organizations that focus on 

21 protection of women and girls, promotion of 

22 freedom of religion and religious tolerance, and 

23 protection of ethnic or religious minorities; and 

24 (G) support for promotion of a responsible, 

25 capable, and independent media. 


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1 (3) To support economic freedom and economic 

2 development in Pakistan, including— 

3 (A) programs that support sustainable eco4 nomic growth, including in rural areas, and the 

5 sustainable management of natural resources 

6 through investments in water resource manage7 ment systems; 

8 (B) expansion of agricultural and rural de9 velopment, such as farm-to-market roads, sys10 tems to prevent spoilage and waste, and other 

11 small-scale infrastructure improvements; 

12 (C) investments in energy, including en13 ergy generation and cross-border infrastructure 

14 projects with Afghanistan; 

15 (D) employment generation, including in16 creasing investment in infrastructure projects, 

17 including construction of roads and the contin18 ued development of a national aviation industry 

19 and aviation infrastructure, as well as support 

20 for small and medium enterprises; 

21 (E) worker rights, including the right to 

22 form labor unions and legally enforce provisions 

23 safeguarding the rights of workers and local 

24 community stakeholders; 


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1 (F) access to microfinance for small busi2 ness establishment and income generation, par3 ticularly for women; and 

4 (G) countering radicalization by providing 

5 economic, social, educational, and vocational op6 portunities and life-skills training to at-risk 

7 youth. 

8 (4) To support investments in people, particu9 larly women and children, including— 

10 (A) promoting modern, public primary and 

11 secondary education and vocational and tech12 nical training, including programs to assist in 

13 the development of modern, nationwide school 

14 curriculums for public, private, and religious 

15 schools; support for the proper oversight of all 

16 educational institutions, including religious 

17 schools, as required by Pakistani law; initiatives 

18 to enhance access to education and vocational 

19 and technical training for women and girls and 

20 to increase women’s literacy, with a special em21 phasis on helping girls stay in school; and con22 struction and maintenance of libraries and pub23 lic schools; 

24 (B) programs relating to higher education 

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1 stani graduates, including through public-pri2 vate partnerships; 

3 (C) improving quality public health to 

4 eliminate diseases such as hepatitis and to re5 duce maternal and under-five mortality rates; 

6 (D) building capacity for nongovernmental 

7 and civil society organizations, particularly or8 ganizations with demonstrated experience in de9 livering services to the people of Pakistan, par10 ticularly to women, children, and other vulner11 able populations; and 

12 (E) support for refugees and internally dis13 placed persons and long-term development in 

14 regions of Pakistan where internal conflict has 

15 caused large-scale displacement. 

16 (5) To strengthen public diplomacy to combat 

17 militant extremism and promote a better under18 standing of the United States, including— 

19 (A) encouraging civil society, respected 

20 scholars, and other leaders to speak out against 

21 militancy and violence; and 

22 (B) expanded exchange activities under the 

23 Fulbright Program, the International Visitor 

24 Leadership Program, the Youth Exchange and 

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1 tered by the Department of State designed to 

2 promote mutual understanding and interfaith 

3 dialogue and expand sister institution programs 

4 between United States and Pakistani schools 

5 and universities. 

6 (c) ADDITIONAL AND RELATED ACTIVITIES.— 

7 (1) AVAILABILITY OF AMOUNTS FOR PAKISTANI

8 POLICE PROFESSIONALIZATION, EQUIPPING, AND

9 TRAINING.—Not less than $150,000,000 of the 

10 amounts appropriated for fiscal year 2010 pursuant 

11 to the authorization of appropriations under section 

12 102 should be made available for assistance to Paki13 stan under this section for police professionalization, 

14 equipping, and training. 

15 (2) AVAILABILITY OF AMOUNTS FOR ADMINIS16 TRATIVE EXPENSES.—Up to $10,000,000 of the 

17 amounts appropriated for each fiscal year pursuant 

18 to the authorization of appropriations under section 

19 102 may be made available for administrative ex20 penses of civilian departments and agencies of the 

21 United States Government in connection with the 

22 provision of assistance under this section. Such 

23 amounts shall be in addition to amounts otherwise 

24 available for such purposes. 


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1 (3) UTILIZING PAKISTANI ORGANIZATIONS.— 

2 The President is encouraged, as appropriate, to uti3 lize Pakistani firms and community and local non4 governmental organizations in Pakistan, including 

5 through host country contracts, and to work with 

6 local leaders to provide assistance under this section. 

7 (4) USE OF DIRECT EXPENDITURES.—Amounts 

8 appropriated for each fiscal year pursuant to the au9 thorization of appropriations under section 102 or 

10 otherwise made available to carry out this section 

11 shall be utilized to the maximum extent possible as 

12 direct expenditures for projects and programs, sub13 ject to existing reporting and notification require14 ments. 

15 (5) CHIEF OF MISSION FUND.—Of the amounts 

16 appropriated for each fiscal year pursuant to the au17 thorization of appropriations under section 102, up 

18 to $5,000,000 may be used by the Secretary of State 

19 to establish a fund for use by the Chief of Mission 

20 in Pakistan to provide assistance to Pakistan under 

21 this title or the Foreign Assistance Act of 1961 (22 

22 U.S.C. 2151 et seq.) to address urgent needs or op23 portunities, consistent with the purposes of this sec24 tion, or for purposes of humanitarian relief. The 


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1 fund established pursuant to this paragraph may be 

2 referred to as the ‘‘Chief of Mission Fund’’. 

3 (6) SENSE OF CONGRESS.—It is the sense of 

4 Congress that— 

5 (A) the United States should provide ro6 bust assistance to the people of Pakistan who 

7 have been displaced as a result of ongoing con8 flict and violence in Pakistan and support inter9 national efforts to coordinate assistance to refu10 gees and internally displaced persons in Paki11 stan, including by providing support to inter12 national and nongovernmental organizations for 

13 this purpose; 

14 (B) the Administrator of the United States 

15 Agency for International Development should 

16 support the development objectives of the Ref17 ugee Affected and Host Areas (RAHA) Initia18 tive in Pakistan to address livelihoods, health, 

19 education, infrastructure development, and en20 vironmental restoration in identified parts of 

21 the country where Afghan refugees have lived; 

22 and 

23 (C) the United States should have a co24 ordinated, strategic communications strategy to 

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1 sure the success of the measures authorized by 

2 this title. 

3 (d) NOTIFICATION.—For fiscal years 2010 through 

4 2014, the President shall notify the appropriate congres5 sional committees not later than 15 days before obligating 

6 any assistance under this section as budgetary support to 

7 the Government of Pakistan or any element of the Govern8 ment of Pakistan and shall include in such notification 

9 a description of the purpose and conditions attached to 

10 any such budgetary support. 

11 SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated to the President, for the purposes of providing as14 sistance to Pakistan under this title and to provide assist15 ance to Pakistan under the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2151 et seq.), up to $1,500,000,000 for 

17 each of the fiscal years 2010 through 2014. 

18 (b) AVAILABILITY OF FUNDS.— 

19 (1) IN GENERAL.—Of the amounts appro20 priated in each fiscal year pursuant to the authoriza21 tion of appropriations in subsection (a)— 

22 (A) none of the amounts appropriated for 

23 assistance to Pakistan may be made available 

24 after the date that is 60 days after the date of 

25 the enactment of this Act unless the Pakistan 


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1 Assistance Strategy Report has been submitted 

2 to the appropriate congressional committees 

3 pursuant to section 301(a); and 

4 (B) not more than $750,000,000 may be 

5 made available for assistance to Pakistan unless 

6 the President’s Special Representative to Af7 ghanistan and Pakistan submits to the appro8 priate congressional committees during such fis9 cal year— 

10 (i) a certification that assistance pro11 vided to Pakistan under this title or the 

12 Foreign Assistance Act of 1961 to date 

13 has made or is making reasonable progress 

14 toward achieving the principal objectives of 

15 United States assistance to Pakistan con16 tained in the Pakistan Assistance Strategy 

17 Report; and 

18 (ii) a memorandum explaining the 

19 reasons justifying the certification de20 scribed in clause (i). 

21 (2) MAKER OF CERTIFICATION.—In the event 

22 of a vacancy in, or the termination of, the position 

23 of the President’s Special Representative to Afghani24 stan and Pakistan, the certification and memoVerDate Nov 24 2008 03:46 Sep 25, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1707.CPS S1707

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1 randum described under paragraph (1)(B) may be 

2 made by the Secretary of State. 

3 (c) WAIVER.—The Secretary of State may waive the 

4 limitations in subsection (b) if the Secretary determines, 

5 and certifies to the appropriate congressional committees, 

6 that it is in the national security interests of the United 

7 States to do so. 

8 (d) SENSE OF CONGRESS ON FOREIGN ASSISTANCE

9 FUNDS.—It is the sense of Congress that, subject to an 

10 improving political and economic climate in Pakistan, 

11 there should be authorized to be appropriated up to 

12 $1,500,000,000 for each of the fiscal years 2015 through 

13 2019 for the purpose of providing assistance to Pakistan 

14 under the Foreign Assistance Act of 1961. 

15 SEC. 103. AUDITING. 

16 (a) ASSISTANCE AUTHORIZED.—The Inspector Gen17 eral of the Department of State, the Inspector General 

18 of the United States Agency for International Develop19 ment, and the inspectors general of other Federal depart20 ments and agencies (other than the Inspector General of 

21 the Department of Defense) carrying out programs, 

22 projects, and activities using amounts appropriated to 

23 carry out this title shall audit, investigate, and oversee the 

24 obligation and expenditure of such amounts. 


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1 (b) AUTHORIZATION FOR IN-COUNTRY PRESENCE.— 

2 The Inspector General of the Department of State and 

3 the Inspector General of the United States Agency for 

4 International Development, after consultation with the 

5 Secretary of State and the Administrator of the United 

6 States Agency for International Development, are author7 ized to establish field offices in Pakistan with sufficient 

8 staff from each of the Offices of the Inspector General, 

9 respectively, to carry out subsection (a). 

10 (c) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—Of the amounts authorized 

12 to be appropriated under section 102 for each of the 

13 fiscal years 2010 through 2014, up to $30,000,000 

14 for each fiscal year is authorized to be made avail15 able to carry out this section. 

16 (2) RELATION TO OTHER AVAILABLE FUNDS.— 

17 Amounts made available under paragraph (1) are in 

18 addition to amounts otherwise available for such 

19 purposes. 

20 TITLE II—SECURITY 

21 ASSISTANCE FOR PAKISTAN 

22 SEC. 201. PURPOSES OF ASSISTANCE. 

23 The purposes of assistance under this title are— 

24 (1) to support Pakistan’s paramount national 

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1 insurgency within its borders in accordance with its 

2 national security interests; 

3 (2) to work with the Government of Pakistan to 

4 improve Pakistan’s border security and control and 

5 help prevent any Pakistani territory from being used 

6 as a base or conduit for terrorist attacks in Paki7 stan, or elsewhere; 

8 (3) to work in close cooperation with the Gov9 ernment of Pakistan to coordinate action against ex10 tremist and terrorist targets; and 

11 (4) to help strengthen the institutions of demo12 cratic governance and promote control of military in13 stitutions by a democratically elected civilian govern14 ment. 

15 SEC. 202. AUTHORIZATION OF ASSISTANCE. 

16 (a) INTERNATIONAL MILITARY EDUCATION AND

17 TRAINING.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated such sums as may be necessary for 

20 each of the fiscal years 2010 through 2014 for as21 sistance under chapter 5 of part II of the Foreign 

22 Assistance Act of 1961 (22 U.S.C. 2347 et seq.; re23 lating to international military education and train24 ing) for Pakistan, including expanded international 


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1 military education and training (commonly known as 

2 ‘‘E–IMET’’). 

3 (2) USE OF FUNDS.—It is the sense of Con4 gress that a substantial amount of funds made avail5 able to carry out this subsection for a fiscal year 

6 should be used to pay for courses of study and train7 ing in counterinsurgency and civil-military relations. 

8 (b) FOREIGN MILITARY FINANCING PROGRAM.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated such sums as may be necessary for 

11 each of the fiscal years 2010 through 2014 for grant 

12 assistance under section 23 of the Arms Export 

13 Control Act (22 U.S.C. 2763; relating to the For14 eign Military Financing program) for the purchase 

15 of defense articles, defense services, and military 

16 education and training for Pakistan. 

17 (2) USE OF FUNDS.— 

18 (A) IN GENERAL.—A significant portion of 

19 the amount made available to carry out this 

20 subsection for a fiscal year shall be for the pur21 chase of defense articles, defense services, and 

22 military education and training for activities re23 lating to counterinsurgency and counterter24 rorism operations in Pakistan. 


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1 (B) SENSE OF CONGRESS.—It is the sense 

2 of Congress that a significant majority of funds 

3 made available to carry out this subsection for 

4 a fiscal year should be used for the purpose de5 scribed in subparagraph (A). 

6 (3) ADDITIONAL AUTHORITY.—Except as pro7 vided in sections 3 and 102 of the Arms Export 

8 Control Act, the second section 620J of the Foreign 

9 Assistance Act of 1961 (as added by Public Law 

10 110–161), and any provision of an Act making ap11 propriations for the Department of State, foreign 

12 operations, and related programs that restricts as13 sistance to the government of any country whose 

14 duly elected head of government is deposed by mili15 tary coup or decree, and except as otherwise pro16 vided in this title, amounts authorized to be made 

17 available to carry out paragraph (2) for fiscal years 

18 2010 and 2011 are authorized to be made available 

19 notwithstanding any other provision of law. 

20 (4) DEFINITIONS.—In this section, the terms 

21 ‘‘defense articles’’, ‘‘defense services’’, and ‘‘military 

22 education and training’’ have the meaning given 

23 such terms in section 644 of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2403). 


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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that the United States should facilitate Pakistan’s 

3 establishment of a program to provide reconstruction as4 sistance, including through Pakistan’s military as appro5 priate, in areas damaged by combat operations. 

6 (d) EXCHANGE PROGRAM BETWEEN MILITARY AND

7 CIVILIAN PERSONNEL OF PAKISTAN AND CERTAIN

8 OTHER COUNTRIES.— 

9 (1) IN GENERAL.—The Secretary of State is 

10 authorized to establish an exchange program be11 tween— 

12 (A) military and civilian personnel of Paki13 stan; and 

14 (B)(i) military and civilian personnel of 

15 countries determined by the Secretary of State 

16 to be in the process of consolidating and 

17 strengthening a democratic form of government; 

18 or 

19 (ii) military and civilian personnel of North 

20 Atlantic Treaty Organization member countries, 

21 in order to foster greater mutual respect for and un22 derstanding of the principle of civilian rule of the 

23 military. 

24 (2) ELEMENTS OF PROGRAM.—The program 

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1 ferences, seminars, exchanges, and other events, dis2 tribution of publications and reimbursements of ex3 penses of foreign military personnel participating in 

4 the program, including transportation, translation 

5 and administrative expenses. 

6 (3) ROLE OF NONGOVERNMENTAL ORGANIZA7 TIONS.—Amounts authorized to be appropriated to 

8 carry out this section for a fiscal year are authorized 

9 to be made available for nongovernmental organiza10 tions to facilitate the implementation of the program 

11 authorized under paragraph (1). 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary for each of the fiscal years 

15 2010 through 2014 to carry out the program estab16 lished by this subsection. 

17 SEC. 203. LIMITATIONS ON CERTAIN ASSISTANCE. 

18 (a) LIMITATION ON SECURITY-RELATED ASSIST19 ANCE.—For fiscal years 2011 through 2014, no security20 related assistance may be provided to Pakistan in a fiscal 

21 year until the Secretary of State, under the direction of 

22 the President, makes the certification required under sub23 section (c) for such fiscal year. 

24 (b) LIMITATION ON ARMS TRANSFERS.—For fiscal 

25 years 2012 through 2014, no letter of offer to sell major 


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1 defense equipment to Pakistan may be issued pursuant to 

2 the Arms Export Control Act (22 U.S.C. 2751 et seq.) 

3 and no license to export major defense equipment to Paki4 stan may be issued pursuant to such Act in a fiscal year 

5 until the Secretary of State, under the direction of the 

6 President, makes the certification required under sub7 section (c) for such fiscal year. 

8 (c) CERTIFICATION.—The certification required by 

9 this subsection is a certification by the Secretary of State, 

10 under the direction of the President, to the appropriate 

11 congressional committees that— 

12 (1) the Government of Pakistan is continuing 

13 to cooperate with the United States in efforts to dis14 mantle supplier networks relating to the acquisition 

15 of nuclear weapons-related materials, such as pro16 viding relevant information from or direct access to 

17 Pakistani nationals associated with such networks; 

18 (2) the Government of Pakistan during the pre19 ceding fiscal year has demonstrated a sustained 

20 commitment to and is making significant efforts to21 wards combating terrorist groups, consistent with 

22 the purposes of assistance described in section 201, 

23 including taking into account the extent to which the 

24 Government of Pakistan has made progress on mat25 ters such as— 


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1 (A) ceasing support, including by any ele2 ments within the Pakistan military or its intel3 ligence agency, to extremist and terrorist 

4 groups, particularly to any group that has con5 ducted attacks against United States or coali6 tion forces in Afghanistan, or against the terri7 tory or people of neighboring countries; 

8 (B) preventing al Qaeda, the Taliban and 

9 associated terrorist groups, such as Lashkar-e10 Taiba and Jaish-e-Mohammed, from operating 

11 in the territory of Pakistan, including carrying 

12 out cross-border attacks into neighboring coun13 tries, closing terrorist camps in the FATA, dis14 mantling terrorist bases of operations in other 

15 parts of the country, including Quetta and 

16 Muridke, and taking action when provided with 

17 intelligence about high-level terrorist targets; 

18 and 

19 (C) strengthening counterterrorism and 

20 anti-money laundering laws; and 

21 (3) the security forces of Pakistan are not ma22 terially and substantially subverting the political or 

23 judicial processes of Pakistan. 

24 (d) CERTAIN PAYMENTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 none of the funds appropriated for security-related 

3 assistance for fiscal years 2010 through 2014, or 

4 any amounts appropriated to the Pakistan Counter5 insurgency Capability Fund established under the 

6 Supplemental Appropriations Act, 2009 (Public Law 

7 111–32), may be obligated or expended to make 

8 payments relating to— 

9 (A) the Letter of Offer and Acceptance 

10 PK–D–YAD signed between the Governments 

11 of the United States of America and Pakistan 

12 on September 30, 2006; 

13 (B) the Letter of Offer and Acceptance 

14 PK–D–NAP signed between the Governments 

15 of the United States of America and Pakistan 

16 on September 30, 2006; and 

17 (C) the Letter of Offer and Acceptance 

18 PK–D–SAF signed between the Governments of 

19 the United States of America and Pakistan on 

20 September 30, 2006. 

21 (2) EXCEPTION.—Funds appropriated for secu22 rity-related assistance for fiscal years 2010 through 

23 2014 may be used for construction and related ac24 tivities carried out pursuant to the Letters of Offer 

25 and Acceptance described in paragraph (1). 


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1 (e) WAIVER.— 

2 (1) IN GENERAL.—The Secretary of State, 

3 under the direction of the President, may waive the 

4 limitations contained in subsections (a), (b), and (d) 

5 for a fiscal year if the Secretary of State determines 

6 that is important to the national security interests 

7 of the United States to do so. 

8 (2) PRIOR NOTICE OF WAIVER.—The Secretary 

9 of State, under the direction of the President, may 

10 not exercise the authority of paragraph (1) until 7 

11 days after the Secretary of State provides to the ap12 propriate congressional committees a written notice 

13 of the intent to issue to waiver and the reasons 

14 therefor. The notice may be submitted in classified 

15 or unclassified form, as necessary. 

16 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Foreign Affairs, the 

20 Committee on Armed Services, the Committee on 

21 Oversight and Government Reform, and the Perma22 nent Select Committee on Intelligence of the House 

23 of Representatives; and 


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1 (2) the Committee on Foreign Relations, the 

2 Committee on Armed Services, and the Select Com3 mittee on Intelligence of the Senate. 

4 SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY 

5 FUND. 

6 (a) FOR FISCAL YEAR 2010.— 

7 (1) IN GENERAL.—For fiscal year 2010, the 

8 Department of State’s Pakistan Counterinsurgency 

9 Capability Fund established under the Supplemental 

10 Appropriations Act, 2009 (Public Law 111–32), 

11 hereinafter in this section referred to as the 

12 ‘‘Fund’’, shall consist of the following: 

13 (A) Amounts appropriated to carry out 

14 this subsection (which may not include any 

15 amounts appropriated to carry out title I of this 

16 Act). 

17 (B) Amounts otherwise available to the 

18 Secretary of State to carry out this subsection. 

19 (2) PURPOSES OF FUND.—Amounts in the 

20 Fund made available to carry out this subsection for 

21 any fiscal year are authorized to be used by the Sec22 retary of State, with the concurrence of the Sec23 retary of Defense, to build and maintain the coun24 terinsurgency capability of Pakistan under the same 

25 terms and conditions (except as otherwise provided 


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1 in this subsection) that are applicable to amounts 

2 made available under the Fund for fiscal year 2009. 

3 (3) TRANSFER AUTHORITY.— 

4 (A) IN GENERAL.—The Secretary of State 

5 is authorized to transfer amounts in the Fund 

6 made available to carry out this subsection for 

7 any fiscal year to the Department of Defense’s 

8 Pakistan Counterinsurgency Fund established 

9 under the Supplemental Appropriations Act, 

10 2009 (Public Law 111–32) and such amounts 

11 may be transferred back to the Fund if the Sec12 retary of Defense, with the concurrence of the 

13 Secretary of State, determines that such 

14 amounts are not needed for the purposes for 

15 which initially transferred. 

16 (B) TREATMENT OF TRANSFERRED

17 FUNDS.—Subject to subsections (d) and (e) of 

18 section 203, transfers from the Fund under the 

19 authority of subparagraph (A) shall be merged 

20 with and be available for the same purposes and 

21 for the same time period as amounts in the De22 partment of Defense’s Pakistan Counterinsur23 gency Fund. 

24 (C) RELATION TO OTHER AUTHORITIES.— 

25 The authority to provide assistance under this 


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1 subsection is in addition to any other authority 

2 to provide assistance to foreign countries. 

3 (D) NOTIFICATION.—The Secretary of 

4 State shall, not less than 15 days prior to mak5 ing transfers from the Fund under subpara6 graph (A), notify the appropriate congressional 

7 committees in writing of the details of any such 

8 transfer. 

9 (b) SUBMISSION OF NOTIFICATIONS.—Any notifica10 tion required by this section may be submitted in classified 

11 or unclassified form, as necessary. 

12 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘‘appropriate congres14 sional committees’’ means— 

15 (1) the Committee on Appropriations, the Com16 mittee on Armed Services, and the Committee on 

17 Foreign Affairs of the House of Representatives; 

18 and 

19 (2) the Committee on Appropriations, the Com20 mittee on Armed Services, and the Committee on 

21 Foreign Relations of the Senate. 

22 SEC. 205. REQUIREMENTS FOR CIVILIAN CONTROL OF CER23 TAIN ASSISTANCE. 

24 (a) REQUIREMENTS.— 


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1 (1) IN GENERAL.—For fiscal years 2010 

2 through 2014, any direct cash security-related as3 sistance or non-assistance payments by the United 

4 States to the Government of Pakistan may only be 

5 provided or made to civilian authorities of a civilian 

6 government of Pakistan. 

7 (2) DOCUMENTATION.—For fiscal years 2010 

8 through 2014, the Secretary of State, in coordina9 tion with the Secretary of Defense, shall ensure that 

10 civilian authorities of a civilian government of Paki11 stan have received a copy of final documentation 

12 provided to the United States related to non-assist13 ance payments provided or made to the Government 

14 of Pakistan. 

15 (b) WAIVER.— 

16 (1) SECURITY-RELATED ASSISTANCE.—The 

17 Secretary of State, in consultation with the Sec18 retary of Defense, may waive the requirements of 

19 subsection (a) with respect to security-related assist20 ance described in subsection (a) funded from ac21 counts within budget function 150 (International Af22 fairs) if the Secretary of State certifies to the appro23 priate congressional committees that the waiver is 

24 important to the national security interest of the 

25 United States. 


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1 (2) NON-ASSISTANCE PAYMENTS.—The Sec2 retary of Defense, in consultation with the Secretary 

3 of State, may waive the requirements of subsection 

4 (a) with respect to non-assistance payments de5 scribed in subsection (a) funded from accounts with6 in budget function 050 (National Defense) if the 

7 Secretary of Defense certifies to the appropriate 

8 congressional committees that the waiver is impor9 tant to the national security interest of the United 

10 States. 

11 (c) APPLICATION TO CERTAIN ACTIVITIES.—Nothing 

12 in this section shall apply with respect to— 

13 (1) any activities subject to reporting require14 ments under title V of the National Security Act of 

15 1947 (50 U.S.C. 413 et seq.); 

16 (2) any assistance to promote democratic elec17 tions or public participation in democratic processes; 

18 (3) any assistance or payments if the Secretary 

19 of State determines and certifies to the appropriate 

20 congressional committees that subsequent to the ter21 mination of assistance or payments a democratically 

22 elected government has taken office; 

23 (4) any assistance or payments made pursuant 

24 to section 1208 of the Ronald W. Reagan National 


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1 Defense Authorization Act for Fiscal Year 2005 

2 (Public Law 108–375; 118 Stat. 2086), as amended; 

3 (5) any payments made pursuant to the Acqui4 sition and Cross-Servicing Agreement between the 

5 Department of Defense of the United States of 

6 America and the Ministry of Defense of the Islamic 

7 Republic of Pakistan; and 

8 (6) any assistance or payments made pursuant 

9 to section 943 of the Duncan Hunter National De10 fense Authorization Act for Fiscal Year 2009 (Pub11 lic Law 110–417; 122 Stat. 4578). 

12 (d) DEFINITIONS.—In this section— 

13 (1) the term ‘‘appropriate congressional com14 mittees’’ means the Committees on Appropriations, 

15 Armed Services, and Foreign Affairs of the House of 

16 Representatives and the Committees on Appropria17 tions, Armed Services, and Foreign Relations of the 

18 Senate; and 

19 (2) the term ‘‘civilian government of Pakistan’’ 

20 does not include any government of Pakistan whose 

21 duly elected head of government is deposed by mili22 tary coup or decree. 


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1 TITLE III—STRATEGY, ACCOUNT2 ABILITY, MONITORING, AND 

3 OTHER PROVISIONS 

4 SEC. 301. STRATEGY REPORTS. 

5 (a) PAKISTAN ASSISTANCE STRATEGY REPORT.— 

6 Not later than 45 days after the date of enactment of this 

7 Act, the Secretary of State shall submit to the appropriate 

8 congressional committees a report describing United 

9 States policy and strategy with respect to assistance to 

10 Pakistan under this Act. The report shall include the fol11 lowing: 

12 (1) A description of the principal objectives of 

13 United States assistance to Pakistan to be provided 

14 under title I of this Act. 

15 (2) A general description of the specific pro16 grams, projects, and activities designed to achieve 

17 the purposes of section 101 and the respective fund18 ing levels for such programs, projects, and activities 

19 for fiscal years 2010 through 2014. 

20 (3) A plan for program monitoring, operations 

21 research, and impact evaluation research for assist22 ance authorized under title I of this Act. 

23 (4) A description of the role to be played by 

24 Pakistani national, regional, and local officials and 

25 members of Pakistani civil society and local private 


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1 sector, civic, religious, and tribal leaders in helping 

2 to identify and implement programs and projects for 

3 which assistance is to be provided under this Act, 

4 and of consultations with such representatives in de5 veloping the strategy. 

6 (5) A description of the steps taken, or to be 

7 taken, to ensure assistance provided under this Act 

8 is not awarded to individuals or entities affiliated 

9 with terrorist organizations. 

10 (6) A projection of the levels of assistance to be 

11 provided to Pakistan under this Act, broken down 

12 into the following categories as described in the an13 nual ‘‘Report on the Criteria and Methodology for 

14 Determining the Eligibility of Candidate Countries 

15 for Millennium Challenge Account Assistance’’: 

16 (A) Civil liberties. 

17 (B) Political rights. 

18 (C) Voice and accountability. 

19 (D) Government effectiveness. 

20 (E) Rule of law. 

21 (F) Control of corruption. 

22 (G) Immunization rates. 

23 (H) Public expenditure on health. 

24 (I) Girls’ primary education completion 

25 rate. 


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1 (J) Public expenditure on primary edu2 cation. 

3 (K) Natural resource management. 

4 (L) Business start-up. 

5 (M) Land rights and access. 

6 (N) Trade policy. 

7 (O) Regulatory quality. 

8 (P) Inflation control. 

9 (Q) Fiscal policy. 

10 (7) An analysis for the suitable replacement for 

11 existing Pakistani helicopters, including rec12 ommendations for sustainment and training. 

13 (b) COMPREHENSIVE REGIONAL STRATEGY RE14 PORT.— 

15 (1) SENSE OF CONGRESS.—It is the sense of 

16 Congress that the achievement of United States na17 tional security goals to eliminate terrorist threats 

18 and close safe havens in Pakistan requires the devel19 opment of a comprehensive plan that utilizes all ele20 ments of national power, including in coordination 

21 and cooperation with other concerned governments, 

22 and that it is critical to Pakistan’s long-term pros23 perity and security to strengthen regional relation24 ships among India, Pakistan, and Afghanistan. 


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1 (2) COMPREHENSIVE REGIONAL SECURITY

2 STRATEGY.—The President shall develop a com3 prehensive interagency regional security strategy to 

4 eliminate terrorist threats and close safe havens in 

5 Pakistan, including by working with the Government 

6 of Pakistan and other relevant governments and or7 ganizations in the region and elsewhere, as appro8 priate, to best implement effective counterinsurgency 

9 and counterterrorism efforts in and near the border 

10 areas of Pakistan and Afghanistan, including the 

11 FATA, the NWFP, parts of Balochistan, and parts 

12 of Punjab. 

13 (3) REPORT.— 

14 (A) IN GENERAL.—Not later than 180 

15 days after the date of the enactment of this 

16 Act, the President shall submit to the appro17 priate congressional committees a report on the 

18 comprehensive regional security strategy re19 quired under paragraph (2). 

20 (B) CONTENTS.—The report shall include 

21 a copy of the comprehensive regional security 

22 strategy, including specifications of goals, and 

23 proposed timelines and budgets for implementa24 tion of the strategy. 


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1 (C) APPROPRIATE CONGRESSIONAL COM2 MITTEES DEFINED.—In this paragraph, the 

3 term ‘‘appropriate congressional committees’’ 

4 means— 

5 (i) the Committee on Appropriations, 

6 the Committee on Armed Services, the 

7 Committee on Foreign Affairs, and the 

8 Permanent Select Committee on Intel9 ligence of the House of Representatives; 

10 and 

11 (ii) the Committee on Appropriations, 

12 the Committee on Armed Services, the 

13 Committee on Foreign Relations, and the 

14 Select Committee on Intelligence of the 

15 Senate. 

16 (c) SECURITY-RELATED ASSISTANCE PLAN.—Not 

17 later than 180 days after the date of the enactment of 

18 this Act, the Secretary of State shall submit to the appro19 priate congressional committees a plan for the proposed 

20 use of amounts authorized for security-related assistance 

21 for each of the fiscal years 2010 through 2014. Such plan 

22 shall include an assessment of how the use of such 

23 amounts complements or otherwise is related to amounts 

24 described in section 204. 


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1 SEC. 302. MONITORING REPORTS. 

2 (a) SEMI-ANNUAL MONITORING REPORT.—Not later 

3 than 180 days after the submission of the Pakistan Assist4 ance Strategy Report pursuant to section 301(a), and 

5 every 180 days thereafter through September 30, 2014, 

6 the Secretary of State, in consultation with the Secretary 

7 of Defense, shall submit to the appropriate congressional 

8 committees a report that describes the assistance provided 

9 under this Act during the preceding 180-day period. The 

10 report shall include— 

11 (1) a description of all assistance by program, 

12 project, and activity, as well as by geographic area, 

13 provided pursuant to title I of this Act during the 

14 period covered by the report, including the amount 

15 of assistance provided for each program or project, 

16 and with respect to the first report a description of 

17 all amounts made available for assistance to Paki18 stan during fiscal year 2009, including a description 

19 of each program, project, and activity for which 

20 funds were made available; 

21 (2) a list of persons or entities from the United 

22 States or other countries that have received funds in 

23 excess of $100,000 to conduct projects under title I 

24 of this Act during the period covered by the report, 

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1 essary to avoid a security risk, and a justification for 

2 the classification; 

3 (3) with respect to the plan described in section 

4 301(a)(3), updates to such plan and a description of 

5 best practices to improve the impact of the assist6 ance authorized under title I of this Act; 

7 (4) an assessment of the effectiveness of assist8 ance provided under title I of this Act during the pe9 riod covered by the report in achieving desired objec10 tives and outcomes as guided by the plan described 

11 in section 301(a)(3), and as updated pursuant to 

12 paragraph (3) of this subsection, including a system13 atic, qualitative, and where possible, quantitative 

14 basis for assessing whether desired outcomes are 

15 achieved and a timeline for completion of each 

16 project and program; 

17 (5) a description of any shortfall in United 

18 States financial, physical, technical, or human re19 sources that hinder the effective use and monitoring 

20 of such funds; 

21 (6) a description of any negative impact, includ22 ing the absorptive capacity of the region for which 

23 the resources are intended, of United States bilateral 

24 or multilateral assistance and recommendations for 

25 modification of funding, if any; 


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1 (7) any incidents or reports of waste, fraud, 

2 and abuse of expenditures under title I of this Act; 

3 (8) the amount of funds authorized to be appro4 priated pursuant to section 102 that were used dur5 ing the reporting period for administrative expenses 

6 or for audits and program reviews pursuant to the 

7 authority under sections 101(c)(2) and 103; 

8 (9) a description of the expenditures made from 

9 any Chief of Mission Fund established pursuant to 

10 section 101(c)(5) during the period covered by the 

11 report, the purposes for which such expenditures 

12 were made, and a list of the recipients of any ex13 penditures from the Chief of Mission Fund in excess 

14 of $100,000; 

15 (10) an accounting of assistance provided to 

16 Pakistan under title I of this Act, broken down into 

17 the categories set forth in section 301(a)(6); 

18 (11) an evaluation of efforts undertaken by the 

19 Government of Pakistan to— 

20 (A) disrupt, dismantle, and defeat al 

21 Qaeda, the Taliban, and other extremist and 

22 terrorist groups in the FATA and settled areas; 

23 (B) eliminate the safe havens of such 

24 forces in Pakistan; 


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1 (C) close terrorist camps, including those 

2 of Lashkar-e-Taiba and Jaish-e-Mohammed; 

3 (D) cease all support for extremist and ter4 rorist groups; 

5 (E) prevent attacks into neighboring coun6 tries; 

7 (F) increase oversight over curriculum in 

8 madrassas, including closing madrassas with di9 rect links to the Taliban or other extremist and 

10 terrorist groups; and 

11 (G) improve counterterrorism financing 

12 and anti-money laundering laws, apply for ob13 server status for the Financial Action Task 

14 Force, and take steps to adhere to the United 

15 Nations International Convention for the Sup16 pression of Financing of Terrorism; 

17 (12) a detailed description of Pakistan’s efforts 

18 to prevent proliferation of nuclear-related material 

19 and expertise; 

20 (13) an assessment of whether assistance pro21 vided to Pakistan has directly or indirectly aided the 

22 expansion of Pakistan’s nuclear weapons program, 

23 whether by the diversion of United States assistance 

24 or the reallocation of Pakistan’s financial resources 


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1 that would otherwise be spent for programs and ac2 tivities unrelated to its nuclear weapons program; 

3 (14) a detailed description of the extent to 

4 which funds obligated and expended pursuant to sec5 tion 202(b) meet the requirements of such section; 

6 and 

7 (15) an assessment of the extent to which the 

8 Government of Pakistan exercises effective civilian 

9 control of the military, including a description of the 

10 extent to which civilian executive leaders and par11 liament exercise oversight and approval of military 

12 budgets, the chain of command, the process of pro13 motion for senior military leaders, civilian involve14 ment in strategic guidance and planning, and mili15 tary involvement in civil administration. 

16 (b) GOVERNMENT ACCOUNTABILITY OFFICE RE17 PORTS.— 

18 (1) PAKISTAN ASSISTANCE STRATEGY RE19 PORT.—Not later than one year after the submission 

20 of the Pakistan Assistance Strategy Report pursuant 

21 to section 301(a), the Comptroller General of the 

22 United States shall submit to the appropriate con23 gressional committees a report that contains— 

24 (A) a review of, and comments addressing, 

25 the Pakistan Assistance Strategy Report; 


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1 (B) recommendations relating to any addi2 tional actions the Comptroller General believes 

3 could help improve the efficiency and effective4 ness of United States efforts to meet the objec5 tives of this Act; 

6 (C) a detailed description of the expendi7 tures made by Pakistan pursuant to grant as8 sistance under section 23 of the Arms Export 

9 Control Act (22 U.S.C. 2763; relating to the 

10 Foreign Military Financing program); and 

11 (D) an assessment of the impact of the as12 sistance on the security and stability of Paki13 stan. 

14 (2) CERTIFICATION REPORT.—Not later than 

15 120 days after the date on which the President 

16 makes the certification described in section 203(c) 

17 for a fiscal year, the Comptroller General of the 

18 United States shall conduct an independent analysis 

19 of the certification described in such section and 

20 shall submit to the appropriate congressional com21 mittees a report containing the results of the inde22 pendent analysis. 

23 (c) SUBMISSION.—The Secretary of State may sub24 mit the reports required by this section in conjunction with 

25 other reports relating to Pakistan required under other 


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1 provisions of law, including sections 1116 and 1117 of the 

2 Supplemental Appropriations Act, 2009 (Public Law 111– 

3 32; 123 Stat. 1906 and 1907). 

4 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means— 

7 (1) the Committee on Appropriations, the Com8 mittee on Armed Services, and the Committee on 

9 Foreign Affairs of the House of Representatives; 

10 and 

11 (2) the Committee on Appropriations, the Com12 mittee on Armed Services, and the Committee on 

13 Foreign Relations of the Senate. 

Æ 


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