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 Paki-
stan 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 sub-
section (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 dis-
mantle supplier networks relating to the acquisition 
of nuclear weapons-related materials, such as pro-
viding relevant information from or direct access to 
Pakistani nationals associated with such networks; 
(2) the Government of Pakistan during the pre-
ceding fiscal year has demonstrated a sustained 
commitment to and is making significant efforts to-
wards 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 mat-
ters such as— 
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(A) ceasing support, including by any ele-
ments within the Pakistan military or its intel-
ligence agency, to extremist and terrorist 
groups, particularly to any group that has con-
ducted attacks against United States or coali-
tion forces in Afghanistan, or against the terri-
tory or people of neighboring countries; 
(B) preventing al Qaeda, the Taliban and 
associated terrorist groups, such as Lashkar-e- 
Taiba and Jaish-e-Mohammed, from operating 
in the territory of Pakistan, including carrying 
out cross-border attacks into neighboring coun-
tries, closing terrorist camps in the FATA, dis-
mantling 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 ma-
terially and substantially subverting the political or 
judicial processes of Pakistan. 
(d) CERTAIN PAYMENTS.— 
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(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 Counter-
insurgency 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 secu-
rity-related assistance for fiscal years 2010 through 
2014 may be used for construction and related ac-
tivities carried out pursuant to the Letters of Offer 
and Acceptance described in paragraph (1). 
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(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 ap-
propriate 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 DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the 
Committee on Armed Services, the Committee on 
Oversight and Government Reform, and the Perma-
nent Select Committee on Intelligence of the House 
of Representatives; and 
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(2) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Select Com-
mittee on Intelligence of the Senate. 
SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY 
FUND. 
(a) FOR FISCAL YEAR 2010.— 
(1) IN GENERAL.—For fiscal year 2010, the 
Department of State’s Pakistan Counterinsurgency 
Capability Fund established under the Supplemental 
Appropriations Act, 2009 (Public Law 111–32), 
hereinafter in this section referred to as the 
‘‘Fund’’, shall consist of the following: 
(A) Amounts appropriated to carry out 
this subsection (which may not include any 
amounts appropriated to carry out title I of this 
Act). 
(B) Amounts otherwise available to the 
Secretary of State to carry out this subsection. 
(2) PURPOSES
OF
FUND.—Amounts in the 
Fund made available to carry out this subsection for 
any fiscal year are authorized to be used by the Sec-
retary of State, with the concurrence of the Sec-
retary of Defense, to build and maintain the coun-
terinsurgency capability of Pakistan under the same 
terms and conditions (except as otherwise provided 
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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 Sec-
retary 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 De-
partment of Defense’s Pakistan Counterinsur-
gency Fund. 
(C) RELATION TO OTHER AUTHORITIES.— 
The authority to provide assistance under this 
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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 mak-
ing transfers from the Fund under subpara-
graph (A), notify the appropriate congressional 
committees in writing of the details of any such 
transfer. 
(b) SUBMISSION OF NOTIFICATIONS.—Any notifica-
tion required by this section may be submitted in classified 
or unclassified form, as necessary. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Relations of the Senate. 
SEC. 205. REQUIREMENTS FOR CIVILIAN CONTROL OF CER-
TAIN ASSISTANCE. 
(a) REQUIREMENTS.— 
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(1) IN
GENERAL.—For fiscal years 2010 
through 2014, any direct cash security-related as-
sistance 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 coordina-
tion with the Secretary of Defense, shall ensure that 
civilian authorities of a civilian government of Paki-
stan have received a copy of final documentation 
provided to the United States related to non-assist-
ance payments provided or made to the Government 
of Pakistan. 
(b) WAIVER.— 
(1) 
SECURITY-RELATED
ASSISTANCE.—The 
Secretary of State, in consultation with the Sec-
retary of Defense, may waive the requirements of 
subsection (a) with respect to security-related assist-
ance described in subsection (a) funded from ac-
counts within budget function 150 (International Af-
fairs) if the Secretary of State certifies to the appro-
priate congressional committees that the waiver is 
important to the national security interest of the 
United States. 
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(2) NON-ASSISTANCE
PAYMENTS.—The Sec-
retary of Defense, in consultation with the Secretary 
of State, may waive the requirements of subsection 
(a) with respect to non-assistance payments de-
scribed in subsection (a) funded from accounts with-
in budget function 050 (National Defense) if the 
Secretary of Defense certifies to the appropriate 
congressional committees that the waiver is impor-
tant 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 require-
ments under title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.); 
(2) any assistance to promote democratic elec-
tions 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 ter-
mination 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 
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Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375; 118 Stat. 2086), as amended; 
(5) any payments made pursuant to the Acqui-
sition 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 De-
fense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4578). 
(d) DEFINITIONS.—In this section— 
(1) the term ‘‘appropriate congressional com-
mittees’’ means the Committees on Appropriations, 
Armed Services, and Foreign Affairs of the House of 
Representatives and the Committees on Appropria-
tions, 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 mili-
tary coup or decree. 
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TITLE III—STRATEGY, ACCOUNT-
ABILITY, 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 fol-
lowing: 
(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 pro-
grams, projects, and activities designed to achieve 
the purposes of section 101 and the respective fund-
ing 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 assist-
ance 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 
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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 de-
veloping 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 an-
nual ‘‘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. 
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(J) Public expenditure on primary edu-
cation. 
(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 
rec-
ommendations for sustainment and training. 
(b) COMPREHENSIVE
REGIONAL
STRATEGY
RE-
PORT.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that the achievement of United States na-
tional security goals to eliminate terrorist threats 
and close safe havens in Pakistan requires the devel-
opment of a comprehensive plan that utilizes all ele-
ments of national power, including in coordination 
and cooperation with other concerned governments, 
and that it is critical to Pakistan’s long-term pros-
perity and security to strengthen regional relation-
ships among India, Pakistan, and Afghanistan. 
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(2) 
COMPREHENSIVE
REGIONAL
SECURITY 
STRATEGY.—The President shall develop a com-
prehensive 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 or-
ganizations in the region and elsewhere, as appro-
priate, 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 appro-
priate congressional committees a report on the 
comprehensive regional security strategy re-
quired 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 implementa-
tion of the strategy. 
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(C) APPROPRIATE
CONGRESSIONAL
COM-
MITTEES
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 Intel-
ligence 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 appro-
priate congressional committees a plan for the proposed 
use of amounts authorized for security-related assistance 
for each of the fiscal years 2010 through 2014. Such plan 
shall include an assessment of how the use of such 
amounts complements or otherwise is related to amounts 
described in section 204. 
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SEC. 302. MONITORING REPORTS. 
(a) SEMI-ANNUAL MONITORING REPORT.—Not later 
than 180 days after the submission of the Pakistan Assist-
ance 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 Paki-
stan 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 nec-
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essary 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 assist-
ance authorized under title I of this Act; 
(4) an assessment of the effectiveness of assist-
ance provided under title I of this Act during the pe-
riod covered by the report in achieving desired objec-
tives 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 system-
atic, 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 re-
sources that hinder the effective use and monitoring 
of such funds; 
(6) a description of any negative impact, includ-
ing 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; 
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(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 appro-
priated pursuant to section 102 that were used dur-
ing 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 ex-
penditures 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; 
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(C) close terrorist camps, including those 
of Lashkar-e-Taiba and Jaish-e-Mohammed; 
(D) cease all support for extremist and ter-
rorist groups; 
(E) prevent attacks into neighboring coun-
tries; 
(F) increase oversight over curriculum in 
madrassas, including closing madrassas with di-
rect links to the Taliban or other extremist and 
terrorist groups; and 
(G) improve counterterrorism financing 
and anti-money laundering laws, apply for ob-
server status for the Financial Action Task 
Force, and take steps to adhere to the United 
Nations International Convention for the Sup-
pression 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 pro-
vided 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 
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that would otherwise be spent for programs and ac-
tivities unrelated to its nuclear weapons program; 
(14) a detailed description of the extent to 
which funds obligated and expended pursuant to sec-
tion 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 par-
liament exercise oversight and approval of military 
budgets, the chain of command, the process of pro-
motion for senior military leaders, civilian involve-
ment in strategic guidance and planning, and mili-
tary involvement in civil administration. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORTS.— 
(1) PAKISTAN
ASSISTANCE
STRATEGY
RE-
PORT.—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 con-
gressional committees a report that contains— 
(A) a review of, and comments addressing, 
the Pakistan Assistance Strategy Report; 
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(B) recommendations relating to any addi-
tional actions the Comptroller General believes 
could help improve the efficiency and effective-
ness of United States efforts to meet the objec-
tives of this Act; 
(C) a detailed description of the expendi-
tures made by Pakistan pursuant to grant as-
sistance under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763; relating to the 
Foreign Military Financing program); and 
(D) an assessment of the impact of the as-
sistance on the security and stability of Paki-
stan. 
(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 com-
mittees a report containing the results of the inde-
pendent analysis. 
(c) SUBMISSION.—The Secretary of State may sub-
mit the reports required by this section in conjunction with 
other reports relating to Pakistan required under other 
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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 con-
gressional committees’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Relations of the Senate. 
Æ 
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