1.This Act may be cited as
the Enhanced Partnership with Pakistan
Act of 2008
.
2.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.
3.In this Act:
(1)Appropriate
congressional committeesThe 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)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)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)The
term FATA means the Federally Administered Tribal Areas of
Pakistan.
(5)The
term NWFP means the North West Frontier Province of Pakistan,
which has Peshawar as its provincial capital.
(6)Pakistan-Afghanistan
border areasThe 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
assistanceThe 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 pakistanThe 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.
4.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.
5.
(a)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 FundsIt 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 assistanceIt 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)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 capacityThe 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 expensesUp 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)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 supportThe 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)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 prioritiesIt 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.
6.Limitation on
certain assistance
(a)Limitation on
certain military assistanceBeginning 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 transfersBeginning 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)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)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)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.
7.Sense of
Congress on Coalition support fundsIt 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.
8.Afghanistan-Pakistan
border strategy
(a)Development of
comprehensive strategyThe 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)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.
9.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.
September 26 (legislative day, September 17),
2008
Reported without amendment