Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 8401 - Definitions
## Text
In this chapter:
(1) Appropriate congressional committees Except as otherwise provided in this chapter, the term “appropriate congressional committees” means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.
(2) Counterinsurgency The term “counterinsurgency” means efforts to defeat organized movements that seek to overthrow the duly constituted Governments of Pakistan and Afghanistan through violent means.
(3) Counterterrorism The term “counterterrorism” means efforts to combat al Qaeda and other foreign terrorist organizations that are designated by the Secretary of State in accordance with section 1189 of title 8, 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 2794(6) of this title.
(8) NWFP The term “NWFP” means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.
(9) Operations research The term “operations research” means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation, with the objective of the rapid dissemination of conclusions and concrete impact on programming.
(10) Security forces of Pakistan The term “security forces of Pakistan” means the military and intelligence services of the Government of Pakistan, including the Armed Forces, Inter-Services Intelligence Directorate, Intelligence Bureau, police forces, levies, Frontier Corps, and Frontier Constabulary.
(11) Security-related assistance The term “security-related assistance”—
(A) means—
(i) grant assistance to carry out section 2763 of this title; and
(ii) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et. seq 11 So in original. Probably should be “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 11132).
(Pub. L. 11173, § 2, Oct. 15, 2009, 123 Stat. 2060.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in par. (11)(A)(ii), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 2 of part II of the Act is classified generally to part II (§ 2311 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Supplemental Appropriations Act, 2009, referred to in par. (11)(B)(ii), is Pub. L. 11132, June 24, 2009, 123 Stat. 1859. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 11173, § 1(a), Oct. 15, 2009, 123 Stat. 2060, provided that: “This Act [enacting this chapter] may be cited as the Enhanced Partnership with Pakistan Act of 2009.”
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# 22 U.S.C. § 8402 - Findings
## Text
Congress finds the following:
(1) The people of the Islamic Republic of Pakistan and the United States share a long history of friendship and comity, and the interests of both nations are well-served by strengthening and deepening this friendship.
(2) Since 2001, the United States has contributed more than $15,000,000,000 to Pakistan, of which more than $10,000,000,000 has been security-related assistance and direct payments.
(3) With the free and fair election of February 18, 2008, Pakistan returned to civilian rule, reversing years of political tension and mounting popular concern over military rule and Pakistans own democratic reform and political development.
(4) Pakistan is a major non-NATO ally of the United States and has been a valuable partner in the battle against al Qaeda and the Taliban, but much more remains to be accomplished by both nations.
(5) The struggle against al Qaeda, the Taliban, and affiliated terrorist groups has led to the deaths of several thousand Pakistani civilians and members of the security forces of Pakistan over the past seven years.
(6) Despite killing or capturing hundreds of al Qaeda operatives and other terrorists—including major al Qaeda leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-Libi—the FATA, parts of the NWFP, Quetta in Balochistan, and Muridke in Punjab remain a sanctuary for al Qaeda, the Afghan Taliban, the Terikh-e Taliban and affiliated groups from which these groups organize terrorist actions against Pakistan and other countries.
(7) The security forces of Pakistan have struggled to contain a Taliban-backed insurgency, recently taking direct action against those who threaten Pakistans security and stability, including military operations in the FATA and the NWFP.
(8) On March 27, 2009, President Obama noted, “Multiple intelligence estimates have warned that al Qaeda is actively planning attacks on the United States homeland from its safe-haven in Pakistan.”.
(9) According to a Government Accountability Office report (GAO08622), “since 2003, the [A]dministrations 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 108458; 22 U.S.C. 2656f note) and section 2042(b)(2) of the Implementing the 11 So in original. The word “the” probably should not appear. Recommendations of the 9/11 Commission Act of 2007 (Public Law 11053; 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 ⅔ of the population living on less than $2 a day and ⅕ of the population living below the poverty line according to the United Nations Development Program.
(11) Economic growth is a fundamental foundation for human security and national stability in Pakistan, a country with more than 175,000,000 people, an annual population growth rate of two percent, and a ranking of 136 out of 177 countries in the United Nations Human Development Index.
(12) The 2009 Pakistani military offensive in the NWFP and the FATA displaced millions of residents in one of the gravest humanitarian crises Pakistan has faced, and despite the heroic efforts of Pakistanis to respond to the needs of the displaced millions and facilitate the return of many, it has highlighted the need for Pakistan to develop an effective national counterinsurgency strategy.
(Pub. L. 11173, § 3, Oct. 15, 2009, 123 Stat. 2061.)
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# 22 U.S.C. § 8403 - Statement of principles
## Text
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, Pakistans 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 Pakistans 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 Pakistans 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 childrens 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 Pakistans 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 Pakistans 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 Pakistans efforts to develop strong and effective law enforcement and national defense forces under civilian leadership;
(L) to achieve full cooperation in matters of counter-proliferation of nuclear materials and related networks;
(M) to strengthen Pakistans 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.
(Pub. L. 11173, § 4, Oct. 15, 2009, 123 Stat. 2063.)
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# 22 U.S.C. § 8412 - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under this subchapter 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 October 15, 2009, unless the Pakistan Assistance Strategy Report has been submitted to the appropriate congressional committees pursuant to section 8441(a) of this title; and
(B) not more than $750,000,000 may be made available for assistance to Pakistan unless the Presidents 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 subchapter 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 Presidents 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 [22 U.S.C. 2151 et seq.].
(Pub. L. 11173, title I, § 102, Oct. 15, 2009, 123 Stat. 2068.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsecs. (a), (b)(1)(B)(i), and (d), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
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# 22 U.S.C. § 8413 - Auditing
## Text
(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 subchapter 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 8412 of this title 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.
(Pub. L. 11173, title I, § 103, Oct. 15, 2009, 123 Stat. 2069.)
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# 22 U.S.C. § 8421 - Purposes of assistance
## Text
The purposes of assistance under this subchapter are—
(1) to support Pakistans 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 Pakistans 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.
(Pub. L. 11173, title II, § 201, Oct. 15, 2009, 123 Stat. 2069.)
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# 22 U.S.C. § 8422 - Authorization of assistance
## Text
(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 “EIMET”).
(2) Use of funds It is the sense of Congress that a substantial amount of funds made available to carry out this subsection for a fiscal year should be used to pay for courses of study and training in counterinsurgency and civil-military relations.
(b) Foreign Military Financing program (1) In general There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014 for grant assistance under section 2763 of this title (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 2753 and 2799aa1 of this title, the second section 620J 11 See References in Text note below. of the Foreign Assistance Act of 1961 (as added by Public Law 110161) [22 U.S.C. 2378d], 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 subchapter, 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 Pakistans establishment of a program to provide reconstruction assistance, including through Pakistans military as appropriate, in areas damaged by combat operations.
(d) Exchange program between military and civilian personnel of Pakistan and certain other countries (1) In general The Secretary of State is authorized to establish an exchange program between—
(A) military and civilian personnel of Pakistan; and
(B) (i) military and civilian personnel of countries determined by the Secretary of State to be in the process of consolidating and strengthening a democratic form of government; or
(ii) military and civilian personnel of North Atlantic Treaty Organization member countries,
in order to foster greater mutual respect for and understanding of the principle of civilian rule of the military.
(2) Elements of program The program authorized under paragraph (1) may include conferences, seminars, exchanges, and other events, distribution of publications and reimbursements of expenses of foreign military personnel participating in the program, including transportation, translation and administrative expenses.
(3) Role of nongovernmental organizations Amounts authorized to be appropriated to carry out this section for a fiscal year are authorized to be made available for nongovernmental organizations to facilitate the implementation of the program authorized under paragraph (1).
(4) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014 to carry out the program established by this subsection.
(Pub. L. 11173, title II, § 202, Oct. 15, 2009, 123 Stat. 2069.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of the Act is classified generally to part V (§ 2347 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The second section 620J of the Foreign Assistance Act of 1961 (as added by Public Law 110161), referred to in subsec. (b), which is classified to section 2378d of this title, was renumbered section 620M of the Foreign Assistance Act of 1961 by Pub. L. 11274, div. I, title VII, § 7034(k)(1), Dec. 23, 2011, 125 Stat. 1216.
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# 22 U.S.C. § 8423 - Limitations on certain assistance
## Text
(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 8421 of this title, including taking into account the extent to which the Government of Pakistan has made progress on matters such as—
(A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries;
(B) preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the territory of Pakistan, including carrying out cross-border attacks into neighboring countries, closing terrorist camps in the FATA, dismantling terrorist bases of operations in other parts of the country, including Quetta and Muridke, and taking action when provided with intelligence about high-level terrorist targets; and
(C) strengthening counterterrorism and anti-money laundering laws; and
(3) the security forces of Pakistan are not materially and substantially subverting the political or judicial processes of Pakistan.
(d) Certain payments (1) In general Subject to paragraph (2), none of the funds appropriated for security-related assistance for fiscal years 2010 through 2014, or any amounts appropriated to the Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 11132), may be obligated or expended to make payments relating to—
(A) the Letter of Offer and Acceptance PKDYAD signed between the Governments of the United States of America and Pakistan on September 30, 2006;
(B) the Letter of Offer and Acceptance PKDNAP signed between the Governments of the United States of America and Pakistan on September 30, 2006; and
(C) the Letter of Offer and Acceptance PKDSAF 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 11 So in original. 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.
(Pub. L. 11173, title II, § 203, Oct. 15, 2009, 123 Stat. 2071.)
## Notes
Editorial Notes
References in TextThe Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Supplemental Appropriations Act, 2009, referred to in subsec. (d)(1), is Pub. L. 11132, June 24, 2009, 123 Stat. 1859. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 22 U.S.C. § 8424 - Pakistan Counterinsurgency Capability Fund
## Text
(a) For fiscal year 2010 (1) In general For fiscal year 2010, the Department of States Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 11132), 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 subchapter I of this chapter).
(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 Defenses Pakistan Counterinsurgency Fund established under the Supplemental Appropriations Act, 2009 (Public Law 11132) 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 8423 of this title, 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 Defenses 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.
(Pub. L. 11173, title II, § 204, Oct. 15, 2009, 123 Stat. 2072.)
## Notes
Editorial Notes
References in TextThe Supplemental Appropriations Act, 2009, referred to in subsec. (a)(1), (3)(A), is Pub. L. 11132, June 24, 2009, 123 Stat. 1859. For complete classification of this Act to the Code, see Tables.
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# 22 U.S.C. § 8425 - Requirements for civilian control of certain assistance
## Text
(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. 3091 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 108375; 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 110417; 122 Stat. 4578).
(d) Definitions In this section—
(1) the term “appropriate congressional committees” means the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and
(2) the term “civilian government of Pakistan” does not include any government of Pakistan whose duly elected head of government is deposed by military coup or decree.
(Pub. L. 11173, title II, § 205, Oct. 15, 2009, 123 Stat. 2074.)
## Notes
Editorial Notes
References in TextThe National Security Act of 1947, referred to in subsec. (c)(1), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. Section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108375; 118 Stat. 2086), referred to in subsec. (c)(4), is not classified to the Code. Section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110417; 122 Stat. 4578), referred to in subsec. (c)(6), is not classified to the Code.
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# 22 U.S.C. § 8441 - Strategy reports
## Text
(a) Pakistan assistance strategy report Not later than 45 days after October 15, 2009, 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 chapter. The report shall include the following:
(1) A description of the principal objectives of United States assistance to Pakistan to be provided under subchapter I of this chapter.
(2) A general description of the specific programs, projects, and activities designed to achieve the purposes of section 8411 of this title 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 subchapter I of this chapter.
(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 chapter, 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 chapter 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 chapter, broken down into the following categories as described in the annual “Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance”:
(A) Civil liberties.
(B) Political rights.
(C) Voice and accountability.
(D) Government effectiveness.
(E) Rule of law.
(F) Control of corruption.
(G) Immunization rates.
(H) Public expenditure on health.
(I) Girls primary education completion rate.
(J) Public expenditure on primary education.
(K) Natural resource management.
(L) Business start-up.
(M) Land rights and access.
(N) Trade policy.
(O) Regulatory quality.
(P) Inflation control.
(Q) Fiscal policy.
(7) An analysis for the suitable replacement for existing Pakistani helicopters, including recommendations for sustainment and training.
(b) Comprehensive regional strategy report (1) Sense of Congress It is the sense of Congress that the achievement of United States national security goals to eliminate terrorist threats and close safe havens in Pakistan requires the development of a comprehensive plan that utilizes all elements of national power, including in coordination and cooperation with other concerned governments, and that it is critical to Pakistans 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 October 15, 2009, 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 October 15, 2009, the Secretary of State shall submit to the appropriate congressional committees a plan for the proposed use of amounts authorized for security-related assistance for each of the fiscal years 2010 through 2014. Such plan shall include an assessment of how the use of such amounts complements or otherwise is related to amounts described in section 8424 of this title.
(Pub. L. 11173, title III, § 301, Oct. 15, 2009, 123 Stat. 2075.)
## Notes
Executive Documents
Delegation of a Reporting Authority Memorandum of President of the United States, Apr. 7, 2010, 75 F.R. 19533, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 301 of the Enhanced Partnership with Pakistan Act of 2009, Public Law 11173, to make the specified report to the Congress. You are authorized and directed to notify the appropriate congressional committees and publish this memorandum in the Federal Register. Barack Obama.
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# 22 U.S.C. § 8442 - Monitoring reports
## Text
(a) Semi-annual monitoring report Not later than 180 days after the submission of the Pakistan Assistance Strategy Report pursuant to section 8441(a) of this title, 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 chapter 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 subchapter I of this chapter 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 subchapter I of this chapter 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 8441(a)(3) of this title, updates to such plan and a description of best practices to improve the impact of the assistance authorized under subchapter I of this chapter;
(4) an assessment of the effectiveness of assistance provided under subchapter I of this chapter during the period covered by the report in achieving desired objectives and outcomes as guided by the plan described in section 8441(a)(3) of this title, 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 subchapter I of this chapter;
(8) the amount of funds authorized to be appropriated pursuant to section 8412 that were used during the reporting period for administrative expenses or for audits and program reviews pursuant to the authority under sections 8411(c)(2) and 8413 of this title;
(9) a description of the expenditures made from any Chief of Mission Fund established pursuant to section 8411(c)(5) of this title during the period covered by the report, the purposes for which such expenditures were made, and a list of the recipients of any expenditures from the Chief of Mission Fund in excess of $100,000;
(10) an accounting of assistance provided to Pakistan under subchapter I of this chapter, broken down into the categories set forth in section 8441(a)(6) of this title;
(11) an evaluation of efforts undertaken by the Government of Pakistan to—
(A) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas;
(B) eliminate the safe havens of such forces in Pakistan;
(C) close terrorist camps, including those of Lashkar-e-Taiba and Jaish-e-Mohammed;
(D) cease all support for extremist and terrorist groups;
(E) prevent attacks into neighboring countries;
(F) increase oversight over curriculum in madrassas, including closing madrassas with direct links to the Taliban or other extremist and terrorist groups; and
(G) improve counterterrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task Force, and take steps to adhere to the United Nations International Convention for the Suppression of Financing of Terrorism;
(12) a detailed description of Pakistans 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 Pakistans nuclear weapons program, whether by the diversion of United States assistance or the reallocation of Pakistans 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 8422(b) of this title 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 8441(a) of this title, 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 chapter;
(C) a detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 2763 of this title (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 8423(c) of this title 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 11132; 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.
(Pub. L. 11173, title III, § 302, Oct. 15, 2009, 123 Stat. 2077.)
## Notes
Editorial Notes
References in TextSections 1116 and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 11132; 123 Stat. 1906 and 1907), referred to in subsec. (c), are not classified to the Code.