§8425 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

From fiscal year 2010 through 2014, any U.S. direct cash security aid or non-assistance payments to the Government of Pakistan must go only to civilian leaders of a civilian Pakistani government. The Secretary of State, working with the Secretary of Defense, must give those civilian leaders a copy of the final papers the U.S. received about any non-assistance payments. The Secretary of State can waive the civilian-only rule for security aid paid from budget function 150 if they tell the appropriate congressional committees it is important for U.S. national security. The Secretary of Defense can waive the rule for non-assistance payments from budget function 050 with the same type of certification. The rule does not apply to certain items, including activities under title V of the National Security Act, aid for democratic elections, payments covered by section 1208 (Ronald W. Reagan NDAA for FY2005), the Acquisition and Cross-Servicing Agreement with Pakistan, or section 943 (Duncan Hunter NDAA for FY2009), and cases where the Secretary of State certifies a democratically elected government has taken office. “Appropriate congressional committees”: the House Committees on Appropriations, Armed Services, and Foreign Affairs; and the Senate Committees on Appropriations, Armed Services, and Foreign Relations. “Civilian government of Pakistan”: does not include any government whose duly elected head of government was removed by military coup or decree.

Title 22, §8425

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)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)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)(1)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)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)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 108–375; 118 Stat. 2086), as amended;

(5)any payments made pursuant to the Acquisition and Cross-Servicing Agreement between the Department of Defense of the United States of America and the Ministry of Defense of the Islamic Republic of Pakistan; and

(6)any assistance or payments made pursuant to section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578).

(d)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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 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.

§8425 Requirements for civilian control of certain assistance

Summary

Title 22, §8425

Notes & Related Subsidiaries

Editorial Notes

References in Text

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