[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3263 Reported in Senate (RS)]






                                                      Calendar No. 1093
110th CONGRESS
  2d Session
                                S. 3263

                          [Report No. 110-510]

   To authorize appropriations for fiscal years 2009 through 2013 to 
promote an enhanced strategic partnership with Pakistan and its people, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2008

Mr. Biden (for himself, Mr. Lugar, Mr. Obama, Mr. Hagel, Mr. Kerry, Mr. 
Casey, Mrs. Boxer, Mr. Durbin, Mr. Carper, Mrs. Clinton, Mr. Dodd, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

           September 26 (legislative day, September 17), 2008

                Reported by Mr. Dodd, without amendment

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations for fiscal years 2009 through 2013 to 
promote an enhanced strategic partnership with Pakistan and its people, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Partnership with Pakistan 
Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The people of Pakistan and the United States have a 
        long history of friendship and comity, and the vital interests 
        of both nations are well-served by strengthening and deepening 
        this friendship.
            (2) In February 2008, the people of Pakistan elected a 
        civilian government, reversing months of political tension and 
        intrigue, as well as mounting popular concern over governance 
        and their own democratic reform and political development.
            (3) A democratic, moderate, modernizing Pakistan would 
        represent the wishes of that country's populace, and serve as a 
        model to other countries around the world.
            (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.
            (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 6 years.
            (6) Since the terrorist attacks of September 11, 2001, more 
        al Qaeda terrorist suspects have been apprehended in Pakistan 
        than in any other country, including Khalid Sheikh Muhammad, 
        Ramzi bin al-Shibh, and Abu Faraj al-Libi.
            (7) Despite the sacrifices and cooperation of the security 
        forces of Pakistan, the top leadership of al Qaeda, as well as 
        the leadership and rank-and-file of affiliated terrorist 
        groups, are believed to use Pakistan's Federally Administered 
        Tribal Areas (FATA) as a haven and a base from which to 
        organize terrorist actions in Pakistan and with global reach.
            (8) According to a Government Accountability Office Report, 
        (GAO-08-622), ``since 2003, the administration's national 
        security strategies and Congress have recognized that a 
        comprehensive plan that includes all elements of national 
        power--diplomatic, military, intelligence, development 
        assistance, economic, and law enforcement support--was needed 
        to address the terrorist threat emanating from the FATA'' and 
        that such a strategy was also mandated by section 7102(b)(3) of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 22 U.S.C. 2656f note) and section 
        2042(b)(2) of the Implementing the Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53; 22 U.S.C. 2375 
        note).
            (9) According to United States military sources and 
        unclassified intelligence reports, including the July 2007 
        National Intelligence Estimate entitled, ``The Terrorist Threat 
        to the U.S. Homeland'', the Taliban, al Qaeda, and their 
        Pakistani affiliates continue to use territory in Pakistan as a 
        haven, recruiting location, and rear base for violent actions 
        in both Afghanistan and Pakistan, as well as attacks globally, 
        and pose a threat to the United States homeland.
            (10) The toll of terrorist attacks, including suicide 
        bombs, on the people of Pakistan include thousands of citizens 
        killed and wounded across the country, over 1,400 military and 
        police forces killed (including 700 since July 2007), and 
        dozens of tribal, provincial, and national officials targeted 
        and killed, as well as the brazen assassination of former prime 
        minister Benazir Bhutto while campaigning in Rawalpindi on 
        December 27, 2007, and several attempts on the life of 
        President Pervaiz Musharraf, and the rate of such attacks have 
        grown considerably over the past 2 years.
            (11) The people of Pakistan and the United States share 
        many compatible goals, including--
                    (A) combating terrorism and violent radicalism, 
                both inside Pakistan and elsewhere;
                    (B) solidifying democracy and the rule of law in 
                Pakistan;
                    (C) promoting the economic development of Pakistan, 
                both through the building of infrastructure and the 
                facilitation of increased trade;
                    (D) promoting the social and material well-being of 
                Pakistani citizens, particularly through development of 
                such basic services as public education, access to 
                potable water, and medical treatment; and
                    (E) safeguarding the peace and security of South 
                Asia, including by facilitating peaceful relations 
                between Pakistan and its neighbors.
            (12) According to consistent opinion research, including 
        that of the Pew Global Attitudes Survey (December 28, 2007) and 
        the International Republican Institute (January 29, 2008), many 
        people in Pakistan have historically viewed the relationship 
        between the United States and Pakistan as a transactional one, 
        characterized by a heavy emphasis on security issues with 
        little attention to other matters of great interest to citizens 
        of Pakistan.
            (13) The election of a civilian government in Pakistan in 
        February 2008 provides an opportunity, after nearly a decade of 
        military-dominated rule, to place relations between Pakistan 
        and the United States on a new and more stable foundation.
            (14) Both the Government of Pakistan and the United States 
        Government should seek to enhance the bilateral relationship 
        through additional multi-faceted engagement in order to 
        strengthen the foundation for a consistent and reliable long-
        term partnership between the two countries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Appropriations and Foreign Relations of the Senate and the 
        Committees on Appropriations and Foreign Affairs of the House 
        of Representatives.
            (2) Counterinsurgency.--The term ``counterinsurgency'' 
        means efforts to defeat organized movements that seek to 
        overthrow the duly constituted Governments of Pakistan and 
        Afghanistan through the use of subversion and armed conflict.
            (3) Counterterrorism.--The term ``counterterrorism'' means 
        efforts to combat al Qaeda and other foreign terrorist 
        organizations that are designated by the Secretary of State in 
        accordance with section 219 of the Immigration and Nationality 
        Act (8 U.S.C. 1189), or other individuals and entities engaged 
        in terrorist activity or support for such activity.
            (4) FATA.--The term ``FATA'' means the Federally 
        Administered Tribal Areas of Pakistan.
            (5) NWFP.--The term ``NWFP'' means the North West Frontier 
        Province of Pakistan, which has Peshawar as its provincial 
        capital.
            (6) Pakistan-afghanistan border areas.--The term 
        ``Pakistan-Afghanistan border areas'' includes the Pakistan 
        regions known as NWFP, FATA, and parts of Balochistan in which 
        the Taliban or Al Qaeda have traditionally found refuge.
            (7) Security-related assistance.--The term ``security-
        related assistance'' means--
                    (A) grant assistance to carry out section 23 of the 
                Arms Export Control Act (22 U.S.C. 2763);
                    (B) assistance under chapter 2 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2311 et 
                seq.);
                    (C) assistance under chapter 5 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2347 et 
                seq.);
                    (D) any equipment, supplies, and training provided 
                pursuant to section 1206 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3456); and
                    (E) any equipment, supplies, and training provided 
                pursuant to section 1206 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 122 Stat. 368).
            (8) Security forces of pakistan.--The term ``security 
        forces of Pakistan'' means the military, paramilitary, and 
        intelligence services of the Government of Pakistan, including 
        the armed forces, Inter-Services Intelligence Directorate, 
        Intelligence Bureau, police forces, Frontier Corps, and 
        Frontier Constabulary.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to support the consolidation of democracy, good 
        governance, and rule of law in Pakistan;
            (2) to affirm and build a sustained, long-term, 
        multifaceted relationship with Pakistan;
            (3) to further the sustainable economic development of 
        Pakistan and the improvement of the living conditions of its 
        citizens by expanding United States bilateral engagement with 
        the Government of Pakistan, especially in areas of direct 
        interest and importance to the daily lives of the people of 
        Pakistan;
            (4) to work with Pakistan and the countries bordering 
        Pakistan to facilitate peace in the region and harmonious 
        relations between the countries of the region;
            (5) to work with the Government of Pakistan to prevent any 
        Pakistani territory from being used as a base or conduit for 
        terrorist attacks in Pakistan, Afghanistan, or elsewhere in the 
        world;
            (6) to work in close cooperation with the Government of 
        Pakistan to coordinate military and paramilitary action against 
        terrorist targets;
            (7) to work with the Government of Pakistan to help bring 
        peace, stability, and development to all regions of Pakistan, 
        especially those in the Pakistan-Afghanistan border areas, 
        including support for an effective counterinsurgency strategy; 
        and
            (8) to expand people-to-people engagement between the 
        United States and Pakistan, through increased educational, 
        technical, and cultural exchanges and other methods.

SEC. 5. AUTHORIZATION OF FUNDS.

    (a) Authorization.--There are authorized to be appropriated to the 
President, for the purposes of providing assistance to Pakistan under 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
following amounts:
            (1) For fiscal year 2009, up to $1,500,000,000.
            (2) For fiscal year 2010, up to $1,500,000,000.
            (3) For fiscal year 2011, up to $1,500,000,000.
            (4) For fiscal year 2012, up to $1,500,000,000.
            (5) For fiscal year 2013, up to $1,500,000,000.
    (b) Sense of Congress on Economic Support Funds.--It is the sense 
of Congress that, subject to an improving political and economic 
climate, there should be authorized to be appropriated up to 
$1,500,000,000 per year for fiscal years 2014 through 2018 for the 
purpose of providing assistance to Pakistan under the Foreign 
Assistance Act of 1961.
    (c) Sense of Congress on Security-Related Assistance.--It is the 
sense of Congress that security-related assistance to the Government of 
Pakistan should be provided in close coordination with the Government 
of Pakistan, designed to improve the Government's capabilities in areas 
of mutual concern, and maintained at a level that will bring 
significant gains in pursuing the policies set forth in paragraphs (5), 
(6), and (7) of section 4.
    (d) Use of Funds.--Funds appropriated pursuant to the authorization 
of appropriations under this section shall be used for projects 
intended to benefit the people of Pakistan, including projects that 
promote--
            (1) just and democratic governance, including--
                    (A) political pluralism, equality, and the rule of 
                law;
                    (B) respect for human and civil rights;
                    (C) independent, efficient, and effective judicial 
                systems;
                    (D) transparency and accountability of all branches 
                of government and judicial proceedings; and
                    (E) anticorruption efforts among police, civil 
                servants, elected officials, and all levels of 
                government administration, including the military;
            (2) economic freedom, including--
                    (A) private sector growth and the sustainable 
                management of natural resources;
                    (B) market forces in the economy; and
                    (C) worker rights, including the right to form 
                labor unions and legally enforce provisions 
                safeguarding the rights of workers and local community 
                stakeholders; and
            (3) investments in people, particularly women and children, 
        including--
                    (A) broad-based public primary and secondary 
                education and vocational training for both boys and 
                girls;
                    (B) the construction of roads, irrigation channels, 
                wells, and other physical infrastructure;
                    (C) agricultural development to ensure food staples 
                in times of severe shortage;
                    (D) quality public health, including medical 
                clinics with well trained staff serving rural and urban 
                communities; and
                    (E) public-private partnerships in higher education 
                to ensure a breadth and consistency of Pakistani 
                graduates to help strengthen the foundation for 
                improved governance and economic vitality.
    (e) Preference for Building Local Capacity.--The President is 
encouraged, as appropriate, to utilize Pakistani firms and community 
and local nongovernmental organizations in Pakistan to provide 
assistance under this section.
    (f) Authority To Use Funds for Operational and Audit Expenses.--Up 
to 7 percent of the funds appropriated for a fiscal year pursuant to 
the authorization of appropriations under this section--
            (1) may be used for administrative expenses of Federal 
        departments and agencies in connection with the provision of 
        assistance authorized by this section; or
            (2) may be made available to the Inspector General of the 
        United States Agency for International Development to provide 
        audits and program reviews of projects funded pursuant to this 
        section.
    (g) Use of Funds.--Funds appropriated or otherwise made available 
to carry out this section shall be utilized to the maximum extent 
possible as direct expenditures for projects and programs, subject to 
existing reporting and notification requirements.
    (h) Notification Requirements.--
            (1) Notice of assistance for budget support.--The President 
        shall notify Congress not later than 15 days before providing 
        any assistance under this section as budgetary support to the 
        Government of Pakistan or any element of such Government.
            (2) Annual report.--The President shall submit to the 
        appropriate congressional committees a report on assistance 
        provided under this section during the most recent fiscal year. 
        The report shall describe--
                    (A) all expenditures under this section, by region;
                    (B) the intended purpose for such assistance, the 
                strategy or plan with which it is aligned, and a 
                timeline for completion associated with such strategy 
                or plan;
                    (C) a list of persons or entities who have received 
                funds in excess of $25,000 to conduct projects under 
                this section during the period covered by the report, 
                and an assessment of the effectiveness of the project 
                or projects conducted by each such person or entity;
                    (D) any shortfall in United States financial, 
                physical, technical, or human resources that hinder 
                effective use and monitoring of such funds;
                    (E) any negative impact, including the absorptive 
                capacity of the region for which the resources are 
                intended, of United States bilateral or multilateral 
                assistance and recommendations for modification of 
                funding, if any; and
                    (F) the amount of funds appropriated pursuant to 
                the authorization of appropriations under this section 
                that were used during the reporting period for 
                administrative expenses or for audits and program 
                reviews pursuant to the authority under subsection (f).
    (i) Sense of Congress on Funding of Priorities.--It is the sense of 
Congress that the Government of Pakistan should allocate a greater 
portion of its budget, consistent with its ``Poverty Reduction Strategy 
Paper'', to the recurrent costs associated with education, health, and 
other priorities described in this section.

SEC. 6. LIMITATION ON CERTAIN ASSISTANCE.

    (a) Limitation on Certain Military Assistance.--Beginning in fiscal 
year 2010, no grant assistance to carry out section 23 of the Arms 
Export Control Act (22 U.S.C. 2763) and no assistance under chapter 2 
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et 
seq.) may be provided to Pakistan in a fiscal year until the Secretary 
of State makes the certification required under subsection (c).
    (b) Limitation on Arms Transfers.--Beginning in fiscal year 2012, 
no letter of offer to sell major defense equipment to Pakistan may be 
issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) 
and no license to export major defense equipment to Pakistan may be 
issued pursuant to such Act in a fiscal year until the Secretary of 
State makes the certification required under subsection (c).
    (c) Certification.--The certification required by this subsection 
is a certification to the appropriate congressional committees by the 
Secretary of State, after consultation with the Secretary of Defense 
and the Director of National Intelligence, that the security forces of 
Pakistan--
            (1) are making concerted efforts to prevent al Qaeda and 
        associated terrorist groups from operating in the territory of 
        Pakistan;
            (2) are making concerted efforts to prevent the Taliban 
        from using the territory of Pakistan as a sanctuary from which 
        to launch attacks within Afghanistan; and
            (3) are not materially interfering in the political or 
        judicial processes of Pakistan.
    (d) Waiver.--The Secretary of State may waive the limitations in 
subsections (a) and (b) if the Secretary determines it is in the 
national security interests of the United States to provide such 
waiver.
    (e) Prior Notice of Waiver.--A waiver pursuant to subsection (d) 
may not be exercised until 15 days after the Secretary of State 
provides to the appropriate congressional committees written notice of 
the intent to issue such waiver and the reasons therefor. The notice 
may be submitted in classified or unclassified form as necessary.

SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.

    It is the sense of Congress that--
            (1) Coalition Support Funds are critical components of the 
        global fight against terrorism and the primary support for 
        military operations of the Government of Pakistan to destroy 
        the terrorist threat and close the terrorist safe haven, known 
        or suspected, in the FATA, the NWFP, and other regions of 
        Pakistan;
            (2) despite the broad discretion Congress granted the 
        Secretary of Defense in terms of managing Coalition Support 
        Funds, the Pakistan reimbursement claims process for Coalition 
        Support Funds requires increased oversight and accountability, 
        consistent with the conclusions of the June 2008 report of the 
        United States Government Accountability Office (GAO-08-806); 
        and
            (3) in order to ensure that this significant United States 
        effort in support of countering terrorism in Pakistan 
        effectively ensures the intended use of Coalition Support 
        Funds, and to avoid redundancy in other security assistance 
        programs, such as Foreign Military Financing and Foreign 
        Military Sales, more specific guidance should be generated, and 
        accountability delineated, for officials associated with 
        oversight of this program within the United States Embassy in 
        Pakistan, the United States Central Command, the Department of 
        Defense, the Department of State, and the Office of Management 
        and Budget.

SEC. 8. AFGHANISTAN-PAKISTAN BORDER STRATEGY.

    (a) Development of Comprehensive Strategy.--The Secretary of State, 
in consultation with the Secretary of Defense, the Director of National 
Intelligence, and such other government officials as may be 
appropriate, shall develop a comprehensive, cross-border strategy for 
working with the Government of Pakistan, the Government of Afghanistan, 
NATO, and other like-minded allies to best implement effective 
counterterrorism and counterinsurgency measurers in and near the border 
areas of Pakistan and Afghanistan, especially in known or suspected 
safe havens such as Pakistan's FATA, the NWFP, parts of Balochistan, 
and other critical areas in the south and east border areas of 
Afghanistan.
    (b) Report.--Not later than June 1, 2009, the Secretary of State 
shall submit to the appropriate congressional committees a detailed 
description of a comprehensive strategy for counterterrorism and 
counterinsurgency in the FATA, as well as proposed timelines and 
budgets for implementing the strategy.

SEC. 9. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should--
            (1) recognize the bold political steps the Pakistan 
        electorate has taken during a time of heightened sensitivity 
        and tension in 2007 and 2008 to elect a new civilian 
        government;
            (2) seize this strategic opportunity in the interests of 
        Pakistan as well as in the national security interests of the 
        United States to expand its engagement with the Government and 
        people of Pakistan in areas of particular interest and 
        importance to the people of Pakistan; and
            (3) continue to build a responsible and reciprocal security 
        relationship taking into account the national security 
        interests of the United States as well as regional and national 
        dynamics in Pakistan to further strengthen and enable the 
        position of Pakistan as a major non-NATO ally.
                                                      Calendar No. 1093

110th CONGRESS

  2d Session

                                S. 3263

                          [Report No. 110-510]

_______________________________________________________________________

                                 A BILL

   To authorize appropriations for fiscal years 2009 through 2013 to 
promote an enhanced strategic partnership with Pakistan and its people, 
                        and for other purposes.

_______________________________________________________________________

           September 26 (legislative day, September 17), 2008

                       Reported without amendment