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22 U.S.C. § 8425 — Requirements for civilian control of certain assistance

submitted 17 years ago by Pub. L. 111-73 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 477 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires that most direct security-related payments to Pakistan, from 2010 through 2014, go only to civilian government authorities, not the military. The Secretaries of State and Defense can waive that rule for national security reasons, and several categories of assistance are exempt from it entirely.

(a) For fiscal years 2010 through 2014, any direct cash payment the United States makes for security-related assistance, or as a non-assistance payment, to the government of Pakistan can only go to civilian authorities within a civilian government. The Secretary of State, working with the Secretary of Defense, must make sure those civilian authorities get a copy of the final paperwork for any non-assistance payments.

(b) The Secretary of State, consulting the Secretary of Defense, can waive this rule for security-related assistance paid out of international-affairs funding, by certifying to Congress that the waiver matters to U.S. national security. The Secretary of Defense, consulting the Secretary of State, can waive it the same way for non-assistance payments paid out of national-defense funding.

(c) This rule doesn't apply to intelligence activities already covered by reporting requirements in the National Security Act, assistance that promotes democratic elections or participation, assistance the Secretary of State certifies is going to a newly elected democratic government after aid was cut off, assistance under a specific 2005 defense authorization provision, payments under a specific military supply-sharing agreement between the U.S. and Pakistani defense departments, or assistance under a specific 2009 defense authorization provision.

(d) "Appropriate congressional committees" means the House and Senate Appropriations, Armed Services, and Foreign Affairs/Foreign Relations committees. A "civilian government of Pakistan" does not include any government whose elected leader was removed by a military coup or decree.

the actual law source: uscode.house.gov ↗public domain
(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 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) 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.

Source credit: (Pub. L. 111–73, title II, § 205, Oct. 15, 2009, 123 Stat. 2074.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-73 · 123 Stat. 2074

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-73 on 2009-10-15.

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