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22 U.S.C. § 8412 — Authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8412 — Authorization of appropriations

Page 2061 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8412 International Development (referred to in this Act as ‘USAID’) has awarded more than 6,000 scholarships for young women to receive higher education in Paki- stan. ‘‘(15) The Merit and Needs-Based Scholarship Pro- gram administered by USAID awards scholarships to academically talented, financially needy Pakistani students from all regions, including female students from rural areas of the country, to pursue bachelor’s or master’s degrees at participating Pakistani uni- versities. ‘‘SEC. 3. SENSE OF CONGRESS. ‘‘(a) IN GENERAL.—It is the sense of Congress that— ‘‘(1) every individual should have the opportunity to pursue a full cycle of primary, secondary, and higher education; ‘‘(2) every individual, regardless of gender, socio- economic status, ethnicity, or religion should have the opportunity to pursue an education without fear of discrimination; ‘‘(3) educational exchanges promote institutional linkages between the United States and Pakistan; and ‘‘(4) recipients of scholarships referred to in section 4 should commit to improving their local commu- nities. ‘‘(b) CONTINUED SUPPORT FOR EDUCATIONAL INITIA- TIVES IN PAKISTAN.—Congress encourages the Depart- ment of State and USAID to continue their support for initiatives led by the Government of Pakistan and civil society that promote education in Pakistan, especially education for women, in accordance with USAID’s 2018 Education Policy. ‘‘SEC. 4. MERIT AND NEEDS-BASED SCHOLARSHIP PROGRAM. ‘‘(a) IN GENERAL.—The USAID Administrator shall award at least 50 percent of the number of scholarships under the Merit and Needs-Based Scholarship Program (referred to in this Act as the ‘Program’) to women for each of the calendar years 2020 throug

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Page 2061 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8412 International Development (referred to in this Act as ‘USAID’) has awarded more than 6,000 scholarships for young women to receive higher education in Paki- stan. ‘‘(15) The Merit and Needs-Based Scholarship Pro- gram administered by USAID awards scholarships to academically talented, financially needy Pakistani students from all regions, including female students from rural areas of the country, to pursue bachelor’s or master’s degrees at participating Pakistani uni- versities. ‘‘SEC. 3. SENSE OF CONGRESS. ‘‘(a) IN GENERAL.—It is the sense of Congress that— ‘‘(1) every individual should have the opportunity to pursue a full cycle of primary, secondary, and higher education; ‘‘(2) every individual, regardless of gender, socio- economic status, ethnicity, or religion should have the opportunity to pursue an education without fear of discrimination; ‘‘(3) educational exchanges promote institutional linkages between the United States and Pakistan; and ‘‘(4) recipients of scholarships referred to in section 4 should commit to improving their local commu- nities. ‘‘(b) CONTINUED SUPPORT FOR EDUCATIONAL INITIA- TIVES IN PAKISTAN.—Congress encourages the Depart- ment of State and USAID to continue their support for initiatives led by the Government of Pakistan and civil society that promote education in Pakistan, especially education for women, in accordance with USAID’s 2018 Education Policy. ‘‘SEC. 4. MERIT AND NEEDS-BASED SCHOLARSHIP PROGRAM. ‘‘(a) IN GENERAL.—The USAID Administrator shall award at least 50 percent of the number of scholarships under the Merit and Needs-Based Scholarship Program (referred to in this Act as the ‘Program’) to women for each of the calendar years 2020 through 2022. ‘‘(b) LIMITATIONS.— ‘‘(1) CRITERIA.—The scholarships available under subsection (a) may only be awarded in accordance with other scholarship eligibility criteria already es- tablished by USAID. ‘‘(2) ACADEMIC DISCIPLINES.—Scholarships author- ized under subsection (a) shall be awarded for a range of disciplines to improve the employability of grad- uates and to meet the needs of the scholarship recipi- ents. ‘‘(3) OTHER SCHOLARSHIPS.—The USAID Adminis- trator shall make every effort to award 50 percent of the scholarships available under the Program to Pak- istani women. ‘‘(c) LEVERAGING INVESTMENT.—The USAID Adminis- trator shall, to the greatest extent practicable, consult with and leverage investments by the Pakistani private sector and Pakistani diaspora communities in the United States as part of USAID’s greater effort to im- prove the quality of, expand access to, and ensure sus- tainability of education programs in Pakistan. ‘‘SEC. 5. ANNUAL CONGRESSIONAL BRIEFING. ‘‘(a) IN GENERAL.—The USAID Administrator shall designate appropriate USAID officials to brief the ap- propriate congressional committees, not later than 1 year after the date of enactment of this Act [Jan. 13, 2021], and annually thereafter for the next 3 years, on the implementation of section 4. ‘‘(b) CONTENTS.—The briefing described in subsection (a) shall include, among other relevant information, for the most recently concluded fiscal year— ‘‘(1) the total number of scholarships that were awarded through the Program, including a break- down by gender; ‘‘(2) the disciplines of study chosen by the scholar- ship recipients; ‘‘(3) the percentage of the scholarships that were awarded to students seeking a bachelor’s degree or a master’s degree, respectively; ‘‘(4) the percentage of scholarship recipients who voluntarily dropped out of school or were involun- tarily pushed out of the program for failure to meet program requirements; and ‘‘(5) the percentage of scholarship recipients who dropped out of school due to retaliation for seeking an education, to the extent that such information is available.’’ § 8412. Authorization of appropriations (a) In general There are authorized to be appropriated to the President, for the purposes of providing assist- ance to Pakistan under this subchapter and to provide assistance to Pakistan under the For- eign 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 appro- priations in subsection (a)— (A) none of the amounts appropriated for assistance to Pakistan may be made avail- able after the date that is 60 days after Octo- ber 15, 2009, unless the Pakistan Assistance Strategy Report has been submitted to the appropriate congressional committees pur- suant 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 President’s Special Representative to Afghanistan and Pakistan submits to the ap- propriate congressional committees during such fiscal year— (i) a certification that assistance pro- vided 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 rea- sons justifying the certification described in clause (i). (2) Maker of certification In the event of a vacancy in, or the termi- nation of, the position of the President’s Spe- cial Representative to Afghanistan and Paki- stan, the certification and memorandum de- scribed under paragraph (1)(B) may be made by the Secretary of State. (c) Waiver The Secretary of State may waive the limita- tions in subsection (b) if the Secretary deter- mines, and certifies to the appropriate congres- sional committees, that it is in the national se- curity 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 ap- propriated up to $1,500,000,000 for each of the fis- cal years 2015 through 2019 for the purpose of providing assistance to Pakistan under the For- eign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. Page 2062 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8413 1 See References in Text note below. (Pub. L. 111–73, title I, § 102, Oct. 15, 2009, 123 Stat. 2068.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- secs. (a), (b)(1)(B)(i), and (d), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chap- ter 32 (§ 2151 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. § 8413. 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 de- partments and agencies (other than the Inspec- tor General of the Department of Defense) car- rying 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 au- thorized 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 appro- priated 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. 111–73, title I, § 103, Oct. 15, 2009, 123 Stat. 2069.) SUBCHAPTER II—SECURITY ASSISTANCE FOR PAKISTAN § 8421. Purposes of assistance The purposes of assistance under this sub- chapter are— (1) to support Pakistan’s paramount na- tional security need to fight and win the ongo- ing counterinsurgency within its borders in accordance with its national security inter- ests; (2) to work with the Government of Pakistan to improve Pakistan’s border security and control and help prevent any Pakistani terri- tory 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. 111–73, title II, § 201, Oct. 15, 2009, 123 Stat. 2069.) § 8422. 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 fis- cal years 2010 through 2014 for assistance under chapter 5 of part II of the Foreign As- sistance Act of 1961 (22 U.S.C. 2347 et seq.; re- lating 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 subsection for a fiscal year should be used to pay for courses of study and training in counterinsurgency and civil-military rela- tions. (b) Foreign Military Financing program (1) In general There are authorized to be appropriated such sums as may be necessary for each of the fis- cal 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 Paki- stan. (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 de- fense articles, defense services, and military education and training for activities relat- ing to counterinsurgency and counterterrorism operations in Pakistan. (B) Sense of Congress It is the sense of Congress that a signifi- cant 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 2799aa–1 of this title, the second section 620J 1 of the Foreign Assistance Act of 1961 (as added by Public Law 110–161) [22 U.S.C. 2378d], and any provision of an Act making appropriations for the Department of State, foreign oper- ations, and related programs that restricts as- sistance to the government of any country whose duly elected head of government is de- posed by military coup or decree, and except as otherwise provided in this subchapter,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2347 — General authority

**(a)** The President is authorized to furnish, on such terms and conditions consistent with this chapter as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators and individuals who are not members of the government, if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve military justice systems and procedures in accordance with internationally recognized human rights. Such training and education may be provided through— (1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad; (2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and (3) observation and orientation visits to military facilities and related activities in the United States and abroad. **(b)** The President shall seek reimbursement for military education and training furnished under this part from countries using assistance under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) (relating to the Foreign Military Financing Program) to purchase such military education and training at a rate comparable to the ra

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2347 — General authority

Page 811 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2347 trator of the United States Agency for International Development and the Secretary of State to ensure that all expenditures from the Joint Investment for Peace Initiative comply with this section. ‘‘(2) To the extent practicable, the Administrator of the United States Agency for International Develop- ment and the Chief Executive Officer of the United States International Development Finance Corpora- tion should coordinate and share information in ad- vance of providing resources through the People-to- People Partnership for Peace Fund and the Joint In- vestment for Peace Initiative. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the end of the first fiscal year in which both the People- to-People Partnership for Peace Fund and the Joint Investment for Peace Initiative are in effect, and an- nually thereafter, the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States Inter- national Development Finance Corporation shall, in coordination with the Secretary of State, jointly sub- mit to the appropriate congressional committees a report in writing that describes— ‘‘(A)(i) lessons learned and best practices devel- oped from funding for projects under the People-to- People Partnership for Peace Fund during the prior fiscal year; and ‘‘(ii) the extent to which such projects have con- tributed to the purposes of the People-to-People Partnership for Peace Fund; ‘‘(B)(i) lessons learned and best practices devel- oped from investments provided under the Joint In- vestment for Peace Initiative during the prior fis- cal year; and ‘‘(ii) the extent to which such investments have contributed to the purposes of the Joint In

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2378d — Limitation on assistance to security forces

**(a) In general** No assistance shall be furnished under this chapter or the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights. **(b) Exception** The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice. **(c) Duty to inform** (1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition. (2) If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice. **(d) Credible information** The Secretary shall establish, and periodically update, procedures to— (1) ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2378d — Limitation on assistance to security

Page 882 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378d ‘‘(2) the Committee on Appropriations and the Com- mittee on Foreign Relations of the Senate.’’ § 2378d. Limitation on assistance to security forces (a) In general No assistance shall be furnished under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights. (b) Exception The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effec- tive steps to bring the responsible members of the security forces unit to justice. (c) Duty to inform (1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the trans- fer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective Decem- ber 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition. (2) If the recipient government withholds as- sistance from a unit pursuant to this section, the Secretary shall inform the appropriate con- gressional committees and shall, to the max- imum extent practicable, assist the foreign gov- ernment in bringing the responsible members of the unit to justice. (d) Credible information The Secretary shall establish, and periodically update, procedures to— (1) ensure that for

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8412 — 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. (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 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 Pakistan’s security and stability, including military operations in the FATA and the NWFP. (8) On March 2

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