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 
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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 ‘‘securityrelated 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. 
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(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 alShibh, 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 safehaven 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. 
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(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 
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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 counterproliferation 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; 
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(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; 
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(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 lifeskills 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 underfive 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 
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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 
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(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. 
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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 
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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. 
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(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-eMohammed, from operating in the territory of Pakistan, 

including carrying out cross-border attacks into neighboring 

countries, closing terrorist camps in the FATA, dismantling 
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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.— 
S. 1707—14 

(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. 
S. 1707—15 

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— 
S. 1707—16 

(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. 
S. 1707—17 

(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 securityrelated assistance for each of the fiscal years 2010 through 2014. 

Such plan shall include an assessment of how the use of such 
S. 1707—18 

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 
S. 1707—19 

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 Lashkare-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 
S. 1707—20 

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.