Page:United States Statutes at Large Volume 123.djvu/2550

 123STA T . 2 5 3 0PUBLIC LA W 111 –84—O CT. 28 , 200 9provis io n o f s ucha ssis t anc e,b ase d upon the g oa l softi m el y commencement of a program of monetary assistance, efficient and effective implementation of such program, and consistency in the amount of assistance in relation to the harm incurred .T his discussion w ill also include whether the implementation of general uniform procedures and guidelines would create a legally enforceable entitlement to ‘ ‘compensation ’ ’ and, if so, any potential significant operational impact arising from such an entitlement. (7)A ssuming general uniform procedures and guidelines were to be established, a discussion of the following (A) W hether such assistance should be limited to speci - fied types of combat activities or operations, e.g., such as during counterinsurgency operations. ( B ) Whether such assistance should be contingent upon a formal determination that a particular combat activity / operation is a q ualifying activity, and the criteria, if any, for such a determination. ( C ) Whether a time limit from the date of loss for providing such assistance should be prescribed. ( D ) Whether only monetary or other types of assistance should be authori z ed, and what types of nonmonetary assistance, if any, should be authorized. ( E ) Whether monetary value limits should be placed on the assistance that may be provided, or whether the determination to provide assistance and, if so, the monetary value of such assistance, should be based, in whole or in part, on a legal advisor’s assessment of the facts. ( F ) Whether a written record of the determination to provide or to not provide such assistance should be maintained and a copy made available to the civilian for- eign national. ( G ) Whether in the event of a determination to not provide such assistance the civilian foreign national should be afforded the option of a review of the determination by a higher ran k ing authority. (c) RECOM ME NDATI ON S . — The S ecretary shall include in the report such recommendations as the Secretary considers appropriate for legislative or administrative action with respect to the matters discussed in the report. (d) S UB MISSION O F RE P O R T.—The report shall be submitted not later than 180 days after the date of the enactment of this Act. The report shall be submitted in unclassified form, but may include a classified anne x . SEC.123 1. A SSESS M E NT AN DR E PO RT ON U N I TED STATES - PA K ISTAN MI L ITAR Y RELATIONS AND COOPERATION. (a) ASSESSMENT RE Q UIRED.—The Secretary of Defense, in con- sultation with the Secretary of State, shall conduct an assessment of possible alternatives to reimbursements to P akistan for logistical, military, or other support provided by Pakistan to or in connection with U nited States military operations, which could encourage the Pakistani military to undertake counterterrorism and counterinsur- gency operations and achieve the goals and ob j ectives for long- term United States-Pakistan military relations and cooperation. (b) REPORT.— N ot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to