22 U.S.C. § 8425 — Requirements for civilian control of cer-

Page 2065 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8425 Fund under the authority of subparagraph (A) shall be merged with and be available for the same purposes and for the same time pe- riod as amounts in the Department of De- fense’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 ap- propriate congressional committees in writ- ing 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 de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Appropriations, the Committee on Armed Services, and the Com- mittee on Foreign Affairs of the House of Rep- resentatives; and (2) the Committee on Appropriations, the Committee on Armed Services, and the Com- mittee on Foreign Relations of the Senate. (Pub. L. 111–73, title II, § 204, Oct. 15, 2009, 123 Stat. 2072.) Editorial Notes REFERENCES IN TEXT The Supplemental Appropriations Act, 2009, referred to in subsec. (a)(1), (3)(A), is Pub. L. 111–32, June 24, 2009, 123 Stat. 1859. For complete classification of this Act to the Code, see Tables. § 8425. Requirements for civilian control of cer- tain assistance (a) Requirements (1) In general For fiscal years 2010 through 2014, any direct cash security-related assistance or non-assist- ance 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 Sec- retary of State, in coordination with the Sec- retary of Defense, shall ensure that civilian authorities of a civilian government of Paki- stan have received a copy of final documenta- tion 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 re- quirements of subsection (a) with respect to security-related assistance described in sub- section (a) funded from accounts within budg- et 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 re- quirements of subsection (a) with respect to non-assistance payments described in sub- section (a) funded from accounts within budg- et function 050 (National Defense) if the Sec- retary 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 re- spect to— (1) any activities subject to reporting re- quirements under title V of the National Secu- rity 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 Sec- retary of State determines and certifies to the appropriate congressional committees that subsequent to the termination of assistance or payments a democratically elected govern- ment has taken office; (4) any assistance or payments made pursu- ant 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 Ac- quisition and Cross-Servicing Agreement be- tween 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 pursu- ant to section 943 of the Duncan Hunter Na- tional Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578). (d) Definitions In this section— (1) the term ‘‘appropriate congressional com- mittees’’ means the Committees on Appropria- tions, Armed Services, and Foreign Affairs of the House of Representatives and the Commit- tees on Appropriations, Armed Services, and Foreign Relations of the Senate; and (2) the term ‘‘civilian government of Paki- stan’’ does not include any government of Pakistan whose duly elected head of govern- ment is deposed by military coup or decree. (Pub. L. 111–73, title II, § 205, Oct. 15, 2009, 123 Stat. 2074.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (c)(1), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 Page 2066 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8441 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 De- fense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 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 110–417; 122 Stat. 4578), referred to in subsec. (c)(6), is not classified to the Code. SUBCHAPTER III—STRATEGY, ACCOUNT- ABILITY, MONITORING, AND OTHER PRO- VISIONS § 8441. Strategy reports (a) Pakistan assistance strategy report Not later than 45 days after October 15, 2009, the Secretary of State shall submit to the ap- propriate congressional committees a report de- scribing 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 pro- grams, 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, oper- ations research, and impact evaluation re- search for assistance authorized under sub- chapter I of this chapter. (4) A description of the role to be played by Pakistani national, regional, and local offi- cials and members of Pakistani civil society and local private sector, civic, religious, and tribal leaders in helping to identify and imple- ment programs and projects for which assist- ance 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 Cri- teria and Methodology for Determining the Eligibility of Candidate Countries for Millen- nium 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 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 recommendations for sustainment and train- ing. (b) Comprehensive regional strategy report (1) Sense of Congress It is the sense of Congress that the achieve- ment 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 ele- ments of national power, including in coordi- nation and cooperation with other concerned governments, and that it is critical to Paki- stan’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 ha- vens in Pakistan, including by working with the Government of Pakistan and other rel- evant governments and organizations in the region and elsewhere, as appropriate, to best implement effective counterinsurgency and counterterrorism efforts in and near the bor- der areas of Pakistan and Afghanistan, includ- ing 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 ap- propriate congressional committees a report on the comprehensive regional security strategy required under paragraph (2). (B) Contents The report shall include a copy of the com- prehensive regional security strategy, in- cluding 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 Com- mittee on Foreign Affairs, and the Perma- nent 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 ap-