[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1886 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1886

 To authorize democratic, economic, and social development assistance 
 for Pakistan, to authorize security assistance for Pakistan, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2009

    Mr. Berman (for himself, Mr. Kirk, Mr. Ackerman, Mr. Royce, Ms. 
   Jackson-Lee of Texas, Mr. Sherman, and Mr. Wexler) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
     and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize democratic, economic, and social development assistance 
 for Pakistan, to authorize security assistance for Pakistan, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pakistan Enduring 
Assistance and Cooperation Enhancement Act of 2009'' or the ``PEACE Act 
of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Declaration of principles.
 TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR 
                                PAKISTAN

Sec. 101. Purposes of assistance.
Sec. 102. Authorization of assistance.
Sec. 103. Multilateral support for Pakistan.
Sec. 104. Pakistan Democracy and Prosperity Fund.
Sec. 105. Authorization of appropriations.
               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Sense of Congress.
Sec. 202. Purposes of assistance.
Sec. 203. Authorization of assistance.
Sec. 204. Drawdown authority.
Sec. 205. Exchange program between military and civilian personnel of 
                            Pakistan and certain other countries.
Sec. 206. Limitation on United States military assistance to Pakistan.
Sec. 207. Role of Secretary of State.
Sec. 208. Authorization of appropriations.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Regional security strategy.
Sec. 302. Monitoring and evaluation of assistance.
Sec. 303. Auditing.
Sec. 304. Requirements for civilian control of United States assistance 
                            for Pakistan.
Sec. 305. Sense of Congress.
Sec. 306. Reports.
Sec. 307. Sunset.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        otherwise provided in this Act, the term ``appropriate 
        congressional committees'' means the Committees on 
        Appropriations and Foreign Affairs of the House of 
        Representatives and the Committees on Appropriations and 
        Foreign Relations of the Senate.
            (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--
                    (A) al Qaeda; and
                    (B) other terrorist organizations, as such term is 
                defined in section 212(a)(3)(B)(vi) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
            (4) FATA.--The term ``FATA'' means the Federally 
        Administered Tribal Areas of Pakistan.
            (5) FCR.--The term ``FCR'' means the Frontier Crimes 
        Regulation, codified under British law in 1901, and applicable 
        to the FATA.
            (6) NWFP.--The term ``NWFP'' means the North West Frontier 
        Province of Pakistan, which has Peshawar as its provincial 
        capital.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Islamic Republic of Pakistan has been an invaluable 
        ally of the United States for more than 4 decades.
            (2) With the free and fair election of February 18, 2008, 
        Pakistan returned to civilian rule after almost 9 years under a 
        military dictatorship.
            (3) After the September 11, 2001, terrorist attacks against 
        the United States, Pakistan recognized the significant 
        challenges emanating from within its borders, and chose to 
        partner with the United States in its fight against al Qaeda, 
        the Taliban, and other extremist and terrorist groups.
            (4) Since 2001, the United States has contributed more than 
        $10,000,000,000 to Pakistan to strengthen Pakistan's 
        governance, economy, education system, healthcare services, and 
        military, so as to bring freedom and opportunities to the 
        people of Pakistan while helping to combat terrorism and to 
        counter a domestic insurgency.
            (5) The United States requires a balanced, integrated, 
        countrywide strategy that targets assistance throughout 
        Pakistan and does not disproportionately focus on military 
        activities or one particular area or province.
            (6) Despite apprehending the top leadership of al Qaeda--
        Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-
        Libi--as well as the leadership and rank and file of affiliated 
        terrorist groups, Pakistan, particularly the FATA as well as 
        areas under central government authority such as Quetta in 
        Balochistan and Muridke in Punjab, remains a sanctuary for al 
        Qaeda, the Afghan Taliban, and affiliated groups from which 
        these groups organize terrorist actions against Pakistan and 
        other countries.

SEC. 4. DECLARATION OF PRINCIPLES.

    Congress declares that the relationship between the United States 
and Pakistan should be based on the following principles:
            (1) Pakistan is an invaluable friend and ally to the United 
        States, both in times of strife and in times of peace, and the 
        2 countries share many common goals, including combating 
        terrorism and violent radicalism, solidifying democracy and 
        rule of law in Pakistan, and promoting the social and material 
        well-being of the people of Pakistan.
            (2) The United States seeks a sustained, long-term, 
        multifaceted relationship with Pakistan based on friendship 
        between the peoples of the 2 countries, the commitment to 
        democracy and the rule of law, and the mutual interests of 
        stability, security, and prosperity.
            (3) It is critical for the United States to support 
        Pakistan's democratic government and strengthen its democratic 
        institutions, including its parliament and the judicial system.
            (4) The United States supports Pakistan's struggle against 
        extremist elements and recognizes the profound sacrifice made 
        by Pakistan in the fight against terrorism, including the loss 
        of more than 1,600 soldiers since 2001 in combat with al Qaeda, 
        the Taliban, and other extremist and terrorist groups.
            (5) The United States intends--
                    (A) to actively and consistently pursue a 
                sustained, long-term, multifaceted relationship with 
                Pakistan, devoted to strengthening the mutual security, 
                stability, and prosperity of both countries;
                    (B) to support the people of Pakistan and their 
                democratic government in their efforts to consolidate 
                democracy, expand good governance, and enhance the rule 
                of law, through strengthening Pakistan's parliament and 
                in helping Pakistan reestablish an independent and 
                transparent judicial system;
                    (C) to promote long-term development projects, 
                including healthcare, water management, and energy 
                programs, in all areas of Pakistan;
                    (D) to encourage sustainable economic development 
                in Pakistan and the integration of Pakistan into the 
                global economy in order to improve the living 
                conditions of the people of Pakistan;
                    (E) to work with the Government of Pakistan, 
                particularly with provincial education authorities, to 
                improve Pakistan's public school system, including by 
                increasing access to secondary education and vocational 
                training, and help to create an appropriate national 
                curriculum program that would apply to public, private, 
                and religious schools;
                    (F) to expand people-to-people engagement between 
                the United States and Pakistan, through increased 
                educational, technical, and cultural exchanges and 
                other methods;
                    (G) to redouble its efforts to work with the 
                Government of Pakistan, through all appropriate means, 
                in establishing a counterinsurgency and 
                counterterrorism strategy to prevent any territory of 
                Pakistan from being used as a base or conduit for 
                terrorist attacks in Pakistan, Afghanistan, or 
                elsewhere, and ensure that madrasas in Pakistan are not 
                used to incite terrorism; and
                    (H) to ensure that Pakistan has strong and 
                effective law enforcement and national defense forces, 
                under civilian leadership, with sufficient and 
                appropriate defense equipment and training to 
                effectively defend Pakistan against internal and 
                external threats.
            (6) Simultaneously, the United States expects Pakistan--
                    (A) to ensure a transparent, mutually beneficial, 
                and trusting relationship with the United States which 
                expands beyond the commitment of the 2 countries to 
                fighting terrorism;
                    (B) to maintain its commitment to and ensure the 
                uninterrupted practice of democracy and democratic 
                governance, including the development of a strong 
                parliament, an independent judicial system, and an 
                extension of rule of law to all areas of Pakistan, as 
                committed to by the elected civilian government;
                    (C) to promote the long-term development of 
                Pakistan through investments in infrastructure, rural 
                development, and other similar programs that are 
                sustained and supported by each successive democratic 
                government in Pakistan;
                    (D) to ensure that the people of Pakistan, 
                including those living in areas governed by the FCR, 
                have access to public, modernized education and 
                vocational training to enable them to provide for 
                themselves, for their families, and for a more 
                prosperous future for their children, and establish 
                increased government oversight of the education 
                curriculum of madrasas, as currently mandated by 
                Pakistani law, to include the closing of any madrasas 
                found to have links to terrorism;
                    (E) to ensure transparency and provide effective 
                accountability of all United States assistance and 
                reimbursements provided to Pakistan;
                    (F) to take steps to improve counterterrorism 
                financing and anti-money laundering laws to comply with 
                international standards, to include applying for 
                ``Financial Action Task Force'' observer status and 
                adhering to the United Nations International Convention 
                for the Suppression of the Financing of Terrorism;
                    (G) to take all appropriate measures to adapt its 
                Armed Forces to be able to conduct effective and 
                sustained counterinsurgency and counterterrorism 
                operations;
                    (H) not to provide any support, direction, guidance 
                to, or acquiescence in the activities of, any person or 
                group that engages in any degree in acts of violence or 
                intimidation against civilians, civilian groups, or 
                governmental entities;
                    (I) to redouble its efforts to prevent the presence 
                of the Taliban and Taliban-affiliated groups in 
                Pakistan that support insurgents in Afghanistan;
                    (J) not to support any person or group that 
                conducts violence, sabotage, or other activities meant 
                to instill fear or terror in India; and
                    (K) to ensure access of United States investigators 
                to individuals suspected of engaging in worldwide 
                proliferation of nuclear materials, and restrict such 
                individuals from travel or any other activity that 
                could result in further proliferation.

 TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR 
                                PAKISTAN

SEC. 101. PURPOSES OF ASSISTANCE.

    The purposes of assistance under this title are--
            (1) to demonstrate unequivocally the long-term commitment 
        of the United States to the people of Pakistan and Pakistan's 
        democratic institutions;
            (2) to support the consolidation of democracy, good 
        governance, and the rule of law in Pakistan;
            (3) to help build the capacity of law enforcement forces in 
        Pakistan to combat terrorism and expeditiously investigate, 
        arrest, and prosecute alleged criminals, consistent with the 
        rule of law and due process;
            (4) to further the sustainable and effective economic and 
        social development of Pakistan and the improvement of the 
        living conditions of the people of Pakistan, especially in 
        areas of direct interest and importance to their daily lives;
            (5) to strengthen regional ties between Pakistan and its 
        neighbors by offering concrete nonmilitary assistance for 
        issues of mutual concern;
            (6) to strengthen Pakistan's public education system, 
        increase literacy, expand opportunities for vocational 
        training, and help create an appropriate national curriculum 
        for all schools in Pakistan;
            (7) to expand people-to-people engagement between the 
        United States and Pakistan, through increased educational, 
        technical, and cultural exchanges and other methods; and
            (8) to strengthen respect for internationally recognized 
        human rights in efforts to stabilize the security environment 
        in Pakistan.

SEC. 102. AUTHORIZATION OF ASSISTANCE.

    (a) In General.--To carry out the purposes of section 101, the 
President is authorized to provide assistance for Pakistan to support 
the activities described in subsection (b).
    (b) Activities Supported.--Activities that may be supported by 
assistance under subsection (a) include the following:
            (1) Fortifying democratic institutions.--To support, 
        notwithstanding any other provision of law, democratic 
        institutions in Pakistan in order to strengthen civilian rule 
        and long-term stability, including assistance such as--
                    (A) support for efforts to strengthen the National 
                Parliament of Pakistan, including--
                            (i) assistance to parliamentary committees 
                        to enhance the capacity to conduct public 
                        hearings and oversee government activities, to 
                        solicit input on key public policy issues, and 
                        to oversee the conduct of elections;
                            (ii) support for the establishment of 
                        constituency offices and otherwise promote the 
                        responsibility of members of parliament to 
                        respond to constituents;
                            (iii) strengthening of the role of 
                        parliamentary leadership; and
                            (iv) efforts to increase the use of 
                        information technology by members of 
                        parliament, in addition to newspapers and 
                        leaflets, as a means of communication 
                        internally and with constituents;
                    (B) support for voter education and civil society 
                training, including training with grassroots 
                organizations to enhance the capacity of the 
                organizations to advocate for the development of public 
                policy;
                    (C) support for political parties, including 
                increasing their capacity and protecting their right to 
                carry out political activities without restriction 
                (other than reasonable administrative requirements 
                commonly applied in democratic countries) and fostering 
                the responsiveness of such parties to the needs of the 
                people of Pakistan;
                    (D) support for strengthening the capacity of the 
                civilian Government of Pakistan to carry out its 
                responsibilities, including supporting the 
                establishment of frameworks that promote government 
                transparency and criminalize corruption in both the 
                government and private sector, audit offices, 
                inspectors general offices, third party monitoring of 
                government procurement processes, whistle blower 
                protections, and anti-corruption agencies; and
                    (E) in particular, support for strengthening of 
                governance programs in the FATA, including--
                            (i) programs to develop and promote 
                        political parties;
                            (ii) assistance to conduct voter education 
                        and training of elected officials; and
                            (iii) education in drafting legislation.
            (2) Enhancement and strengthening of the judicial system 
        and law enforcement.--To support, notwithstanding any other 
        provision of law, Pakistan's efforts to expand the rule of law 
        and build the capacity, transparency, and trust in government 
        institutions, at the national, provincial, and local levels, 
        including assistance such as--
                    (A) support for the rule of law and systematic 
                improvement of judicial and criminal justice 
                institutions, including--
                            (i) management of courts;
                            (ii) promotion of oral trials via training 
                        for the judicial sector;
                            (iii) increase in the number of judges, 
                        courtrooms, and related facilities;
                            (iv) professional training for judges;
                            (v) establishment of a center in the 
                        Ministry of Justice for receipt of citizen 
                        complaints; and
                            (vi) capacity building for public defenders 
                        and prosecutors;
                    (B) support for professionalization of the police, 
                including--
                            (i) training regarding use of force;
                            (ii) education and training regarding human 
                        rights;
                            (iii) training regarding evidence 
                        preservation and chain of custody; and
                            (iv) training regarding community policing;
                    (C) support for revising the FCR to extend the writ 
                of national law to all areas in Pakistan, as committed 
                to by the Government of Pakistan; and
                    (D) support for independent law enforcement 
                agencies, such as the Intelligence Bureau of the 
                Ministry of Interior, responsive to civilian control, 
                including--
                            (i) enhanced coordination with judicial 
                        processes;
                            (ii) enhancement of forensics capabilities;
                            (iii) data collection and analyses;
                            (iv) case tracking and management;
                            (v) financial intelligence functions; and
                            (vi) maintenance of data systems to track 
                        terrorist or criminal activity.
            (3) Support for broad-based and sustainable economic 
        development.--To support economic development in Pakistan by--
                    (A) promoting energy sector reform and development;
                    (B) enhancing commercial supply and distribution 
                networks;
                    (C) increasing employment opportunities, including 
                support to small and medium enterprises, microfinance 
                and microenterprise activities, and in particular 
                programs to improve the lives of Pakistani women and 
                girls;
                    (D) increasing investment in infrastructure, 
                including construction of roads, water resource 
                management systems, and irrigation channels; and
                    (E) expanding assistance for agricultural and rural 
                development.
            (4) Support to increase local capacity.--To increase the 
        capacity and improve the sustainability of Pakistani national, 
        provincial, and local governmental and nongovernmental 
        institutions, including assistance to--
                    (A) increase and improve the capacity of Pakistani 
                national, provincial, and local governmental 
                institutions by--
                            (i) providing technical assistance to all 
                        Pakistani ministries to improve transparency 
                        and ability to respond to the needs of the 
                        people of Pakistan;
                            (ii) promoting the implementation of fiscal 
                        and personnel management, including revenue 
                        tracking and expenditure systems;
                            (iii) assisting in developing ministry-wide 
                        recruitment systems;
                            (iv) creating or improving databases and 
                        other human resource information systems;
                            (v) providing training and technical 
                        assistance to the Ministry of Finance to better 
                        account for funding implemented by the 
                        Government of Pakistan; and
                            (vi) providing technical assistance to 
                        train provincial and local governmental 
                        personnel; and
                    (B) enhance the capacity of Pakistani 
                nongovernmental and civil society organizations to 
                respond to the needs of the people of Pakistan by--
                            (i) increasing support for local 
                        nongovernmental organizations with demonstrated 
                        experience in delivering services to the people 
                        of Pakistan, particularly to women, children, 
                        and other vulnerable populations in Pakistan;
                            (ii) providing training and education to 
                        local nongovernmental and civil society 
                        organizations on ways to identify and improve 
                        the delivery of services to the people of 
                        Pakistan; and
                            (iii) promoting local ownership and 
                        participation, including encouraging 
                        communities to contribute a percentage of the 
                        value of United States projects or activities 
                        carried out under this title in the form of 
                        labor, in-kind materials, or other provisions.
            (5) Support for public education system.--To support 
        Pakistan's public education system, including--
                    (A) implementation of a national education 
                strategy, to include both primary and secondary 
                education, focused on literacy and civic education, 
                including--
                            (i) programs to assist development of 
                        modern, nationwide school curriculums for 
                        public, private, and religious schools that 
                        incorporate relevant subjects, such as math, 
                        science, literature, and human rights 
                        awareness, in addition to agricultural 
                        education and training;
                            (ii) enhancement of civic education 
                        programs focused on political participation, 
                        democratic institutions, and tolerance of 
                        diverse ethnic and religious groups; and
                            (iii) support for the proper oversight of 
                        all educational institutions, including 
                        madrasas, as required by Pakistani law, 
                        including registration with the Ministry of 
                        Education and regular monitoring of curriculum 
                        by the Ministry of Education to ensure students 
                        in Pakistan receive a comprehensive education;
                    (B) initiatives to enhance the access to education 
                for women and girls, and to increase women's literacy;
                    (C) funding to the Government of Pakistan to use to 
                increase immediately teacher salaries and to recruit 
                and train teachers and administrators, as well as 
                develop formalized salary scales with merit-based pay 
                increases;
                    (D) establishment of vocational and technical 
                programs to enhance employment opportunities;
                    (E) encouragement of United States and Pakistani 
                public-private partnerships to increase investment in 
                higher education and technical training opportunities;
                    (F) construction and maintenance of public schools, 
                including water sanitation, perimeter walls, and 
                recreation areas;
                    (G) provision of textbooks and other learning 
                materials and food assistance for student meals; and
                    (H) provision of software to educational 
                institutions and students at the lowest possible cost, 
                specifically targeting universities that specialize in 
                information technology, and women's colleges and 
                women's secondary schools.
            (6) Support for human rights.--To promote respect for and 
        compliance with internationally recognized human rights, 
        including assistance such as--
                    (A) support for the establishment of a professional 
                and independent National Human Rights Commission;
                    (B) promotion of education regarding 
                internationally recognized human rights;
                    (C) programs designed to end traditional practices 
                and punishments that are inconsistent with 
                internationally recognized human rights norms and 
                protections, such as honor killings and other forms of 
                cruel and unusual punishments;
                    (D) promotion of freedom of religion and religious 
                tolerance, protection of religious minorities, and 
                promotion of freedom of expression and association, 
                including support for responsible independent media;
                    (E) promotion of nongovernmental organizations that 
                focus on the protection of women and girls, including 
                women-led organizations and programs that support the 
                participation of women in the national, provincial, and 
                local political process, and programs to end violence 
                against women, including rape;
                    (F) technical, legal, and law enforcement 
                assistance for the investigation of past disappearances 
                of individuals in Pakistan and the development of a 
                national data base of such individuals;
                    (G) programs in support and protection of the 
                rights of ethnic minorities in Pakistan, including 
                Baluchis, Sindhis, and Pashtuns, to preserve their 
                language, culture, traditional areas of inhabitancy, 
                and to fight any direct or indirect discrimination; and
                    (H) programs to strengthen civil society 
                organizations that promote internationally recognized 
                human rights, including religious freedom, freedom of 
                expression, and freedom of association, and that 
                support human rights monitoring.
            (7) Support for refugees and internally displaced 
        persons.--It is the sense of Congress that--
                    (A) counterinsurgency operations being carried out 
                by the Government of Pakistan should be designed to 
                minimize the impact on the people of Pakistan and to 
                provide security for the delivery of humanitarian 
                assistance to the affected civilian population;
                    (B) the United States should continue to provide 
                robust assistance to the people of Pakistan who have 
                been displaced as a result of ongoing conflict and 
                violence;
                    (C) the United States should support international 
                efforts to coordinate assistance to refugees and 
                internally displaced persons in Pakistan, including by 
                providing support to international and nongovernmental 
                organizations for this purpose;
                    (D) the Administrator of the United States Agency 
                for International Development should support the 
                development objectives of the Refugee Affected and Host 
                Areas (RAHA) Initiative in Pakistan to address 
                livelihoods, heath, education, infrastructure 
                development, and environmental restoration in 
                identified parts of the county where Afghan refugees 
                have lived; and
                    (E) the Administrator of the United States Agency 
                for International Development should evaluate the 
                effectiveness of the livelihoods projects in the FATA 
                in order to determine whether systems need to be put 
                into place to improve programming in this key sector.
            (8) Support for healthcare efforts.--To provide urgently 
        needed healthcare assistance to the people of Pakistan, 
        including assistance to supplement the Government of Pakistan's 
        efforts to eliminate diseases, including hepatitis.
            (9) Support for public diplomacy efforts.--To increase and 
        improve existing programs to expose the people of Pakistan to 
        the United States, including through the following:
                    (A) Expanded exchange activities under the 
                Fulbright Program, the International Visitor Leadership 
                Program, and related programs administered by the 
                Department of State.
                    (B) Contributions toward the establishment of 
                cultural centers that can facilitate educational and 
                cultural exchange and deeper understanding of Western 
                social democracy. The centers shall be operated with 
                Pakistani partners and overseen by United States staff 
                present on-site.
                    (C) Expansion of sister institution programs 
                between United States and Pakistani schools and 
                universities, towns and cities, and other organizations 
                in such fields as medicine and healthcare, business 
                management, environmental protection, information 
                technology, and agriculture.
                    (D) Additional scholarships to enable students to 
                study in the United States.

SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN.

    To the extent that Pakistan continues to evolve toward civilian 
control of the government and to develop and implement comprehensive 
economic reform programs, the President should do the following:
            (1) Multilateral support.--Take the lead in mobilizing 
        international financial institutions, in particular the 
        International Monetary Fund and affiliated institutions in the 
        World Bank group, to provide timely and appropriate resources 
        to help Pakistan.
            (2) Stabilization assistance.--In conjunction with other 
        governments and international financial institutions (including 
        the International Monetary Fund), support the implementation of 
        a plan of the Government of Pakistan to attack structural 
        economic problems, address pressing social problems, carry out 
        comprehensive economic reform, and relieve immediate and urgent 
        balance of payments requirements in Pakistan.
            (3) Currency stabilization loans.--Provide leadership in 
        supporting multilateral agreements to provide government-to-
        government loans for currency stabilization in Pakistan if the 
        loans can reduce inflation and thereby foster conditions 
        necessary for the effective implementation of economic reforms.

SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Pakistan Democracy and 
Prosperity Fund'' (hereinafter in this section referred to as the 
``Fund''), consisting of such amounts as may be appropriated or 
transferred to the Fund as provided in this section.
    (b) Transfers to Fund.--The Fund shall consist of the following:
            (1) Amounts appropriated to carry out this title.
            (2) Amounts appropriated on or after the date of the 
        enactment of this Act for ``Development Assistance'', ``Global 
        Health and Child Survival'', and the ``Economic Support Fund'' 
        for assistance for Pakistan under the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 et seq.) that, notwithstanding any other 
        provision of law, are transferred by the President to the Fund.
            (3) To the extent or in the amounts provided in advance in 
        appropriations Acts, amounts accepted by the President under 
        subsection (c) that, notwithstanding any other provision of 
        law, are transferred by the President to the Fund.
    (c) Acceptance of Amounts From Outside Sources.--The President may 
accept funds from non-United States Government sources, including 
foreign governments, nongovernmental organizations, private business 
entities, and private individuals, for purposes of carrying out this 
title.
    (d) Status of Availability of Amounts in Fund.--Amounts transferred 
to the Fund under subsection (b) (2) and (3) shall be merged with and 
shall be available for any purpose for which any of the amounts so 
transferred are available.
    (e) Report.--The President shall transmit to the appropriate 
congressional committees not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter until September 
30, 2019, a report on programs, projects, and activities carried out 
using amounts obligated and expended from the Fund.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title $1,500,000,000 for each of the fiscal 
years 2009 through 2013.
    (b) Availability.--Amounts authorized to be appropriated to carry 
out this title for a fiscal year are--
            (1) authorized to remain available until September 30 of 
        the succeeding fiscal year; and
            (2) in addition to amounts otherwise available for such 
        purposes.
    (c) Sense of the Congress.--It is the sense of Congress that United 
States assistance provided under this title should be made available on 
a proportional and equitable basis between the FATA and other regions 
of Pakistan.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

SEC. 201. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) United States security assistance for Pakistan should 
        be used to improve relationships between United States military 
        and Pakistani military personnel, including outreach to the 
        ``lost generation'' of Pakistan's officers who did not attend 
        United States-sponsored training as a result of restrictions 
        placed on United States assistance for Pakistan following 
        Pakistan's detonation of a nuclear device; and
            (2) United States security assistance for Pakistan should 
        be fully accountable, should be contingent on Pakistan ending 
        support for terrorist groups, and should meet the national 
        security needs of Pakistan.

SEC. 202. PURPOSES OF ASSISTANCE.

    The purposes of assistance under this title are--
            (1) to support Pakistan's paramount national security need 
        to fight and win the ongoing counterinsurgency within its 
        borders;
            (2) to work with the Government of Pakistan to protect and 
        secure Pakistan's borders and prevent any Pakistani territory 
        from being used as a base or conduit for terrorist attacks in 
        Pakistan, Afghanistan, or elsewhere;
            (3) to work in close cooperation with the Government of 
        Pakistan to coordinate military action against terrorist 
        targets; and
            (4) to develop knowledge of and appreciation for democratic 
        governance and a military that is controlled by and responsible 
        to democratically elected civilian leadership.

SEC. 203. AUTHORIZATION OF ASSISTANCE.

    (a) International Military Education and Training.--
            (1) In general.--Of the amounts authorized to be 
        appropriated to carry out this title for a fiscal year, not 
        less than $4,000,000 is authorized be made available for 
        assistance under chapter 5 of part II of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2347 et seq.; relating to international 
        military education and training) for Pakistan, including 
        expanded international military education and training 
        (commonly known as ``E-IMET'').
            (2) Use of funds.--Not less than 30 percent of the amount 
        authorized to be made available under this subsection for a 
        fiscal year is authorized to be used to pay for courses of 
        study and training in counterinsurgency and civil-military 
        relations.
    (b) Foreign Military Financing Program.--
            (1) In general.--Of the amounts authorized to be 
        appropriated to carry out this title for a fiscal year, not 
        less than $500,000,000 is authorized to be made available for 
        grant assistance under section 23 of the Arms Export Control 
        Act (22 U.S.C. 2763; relating to the Foreign Military Financing 
        program) for the purchase of defense articles, defense 
        services, and military education and training for Pakistan.
            (2) Use of funds.--Not less than 75 percent of the amount 
        authorized to be made available under this subsection for a 
        fiscal year is authorized to be used for the purchase of 
        defense articles, defense services, and military education and 
        training for activities relating to counterinsurgency and 
        counterterrorism operations in Pakistan. Such articles, 
        services, and military education and training may include the 
        following:
                    (A) Aviation maintenance and logistics support for 
                United States-origin and United States-supported rotary 
                wing aircraft and upgrades to such aircraft to include 
                modern night vision and targeting capabilities.
                    (B) Intelligence, surveillance, and reconnaissance 
                (ISR) ground and air manned and unmanned platforms, 
                including sustainment.
                    (C) Command and control capabilities.
                    (D) Force protection and counter improvised 
                explosive device capabilities, including protection of 
                vehicles.
                    (E) Protective equipment, such as body armor and 
                helmets, night vision goggles, and other individual 
                equipment, including load-bearing equipment, individual 
                and unit level first aid equipment, ballistic eye 
                protection, and cold weather equipment.
                    (F) Appropriate individual and unit level medical 
                services and articles for the Pakistan Army and 
                Pakistan Frontier Corps.
                    (G) Assistance to enable the Pakistani military to 
                distribute humanitarian assistance and establish a 
                tactical civil-military operations capability, 
                including a civil affairs directorate.
            (3) Restriction relating to f-16 program.--
                    (A) In general.--Except as provided in subparagraph 
                (B), and subject to subparagraph (C), amounts 
                authorized to be made available under this subsection 
                for a fiscal year may not be used for the purchase of, 
                or upgrade to, F-16 fighter aircraft or munitions for 
                such aircraft.
                    (B) Exceptions.--Not more than $142,000,000 of the 
                amount authorized to be made available under this 
                subsection for fiscal year 2009 is authorized to be 
                used for upgrade to F-16 fighter aircraft pursuant to 
                letters of agreement signed between the United States 
                and Pakistan in 2006. Amounts authorized to be made 
                available under this subsection for a fiscal year are 
                authorized to be used for military construction 
                pursuant to the security plan signed between the United 
                States and Pakistan in 2006.
                    (C) Waiver.--The President may waive the 
                restriction under subparagraph (A) with respect to 
                amounts authorized to be made available under this 
                subsection for a fiscal year, other than amounts 
                authorized to be made available under paragraph (2) of 
                this subsection, if the President certifies to the 
                appropriate congressional committees not later than 15 
                days prior to exercising the authority of this 
                subparagraph that the waiver is vital to the national 
                security interests of the United States.
            (4) Security assistance plan.--Not later than 90 days after 
        the date of the enactment of this Act, the President shall 
        transmit to the appropriate congressional committees a plan for 
        the proposed use of amounts authorized to be made available 
        under this subsection for each of the fiscal years 2009 through 
        2013.
            (5) Definitions.--In this section, the terms ``defense 
        articles'', ``defense services'', and ``military education and 
        training'' have the meaning given such terms in section 644 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
    (c) Sense of Congress.--It is the sense of Congress that the United 
States should facilitate Pakistan's establishment of a program to 
enable the Pakistani military to provide reconstruction assistance in 
areas damaged by combat operations.

SEC. 204. DRAWDOWN AUTHORITY.

    (a) In General.--The President is authorized to direct the drawdown 
of defense articles from the stocks of the Department of Defense, 
defense services of the Department of Defense, and military education 
and training for the purpose of providing such articles, services, and 
military education and training to the Government of Pakistan. The 
aggregate value of assistance provided under this subsection may not 
exceed $20,000,000 for any fiscal year.
    (b) Prior Notification.--The President may exercise the authority 
of subsection (a) only if--
            (1) the President determines and notifies Congress in 
        accordance with section 652 of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2411) that it is important to the national 
        security interests of the United States; and
            (2) the President notifies the appropriate congressional 
        committees at least 15 days in advance of the exercise of such 
        authority in accordance with the procedures applicable to 
        reprogramming notifications under section 634A of the Foreign 
        Assistance Act (22 U.S.C. 2394-1).
    (c) Information and Reports.--The President shall keep the 
appropriate congressional committees fully and currently informed of 
all defense articles, defense services, and military education and 
training provided under subsection (a), including providing the 
appropriate congressional committees with a report that describes the 
articles, services, and military education and training upon delivery 
of the articles or upon completion of the services or education and 
training (as the case may be).
    (d) Relation to Other Authorities.--The authority provided by this 
section is in addition to any other drawdown authority under the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
    (e) Definitions.--In this section, the terms ``defense articles'', 
``defense services'', ``military education and training'', and 
``value'' have the meaning given such terms in section 644 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2403).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the President such sums as may be necessary for each of 
the fiscal years 2009 through 2013 to reimburse the applicable 
appropriation, fund, or account for defense articles, defense services, 
and military education and training provided under subsection (a).

SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND CIVILIAN PERSONNEL OF 
              PAKISTAN AND CERTAIN OTHER COUNTRIES.

    (a) In General.--The Secretary of State is authorized to establish 
an exchange program between military and civilian personnel of Pakistan 
and military and civilian personnel of countries determined by the 
Secretary of State to be in transition to democracy and military and 
civilian personnel of North Atlantic Treaty Organization member 
countries, in order to foster greater respect for and understanding of 
the principle of civilian rule of Pakistan's military. The program 
established under this subsection shall be known as the ``Pakistan 
Military Transition Program''.
    (b) Elements of Program.--The program authorized under subsection 
(a) may include--
            (1) conferences, seminars, and other events;
            (2) distribution of publications; and
            (3) reimbursement of expenses of foreign military personnel 
        participating in the program, including transportation 
        expenses, translation services expenses, and administrative 
        expenses relating to the program.
    (c) Role of Nongovernmental Organizations.--Amounts authorized to 
be appropriated to carry out this title for a fiscal year are 
authorized to be made available for nongovernmental organizations to 
facilitate the implementation of the program authorized under 
subsection (a).

SEC. 206. LIMITATION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN.

    (a) Prohibition on Use of Funds.--No military assistance to 
Pakistan for a fiscal year may be obligated or expended if the 
President has not made the determinations described in subsection (c) 
for such fiscal year, or if a joint resolution described in subsection 
(f) disapproving any such determination is enacted into law.
    (b) Exception.--Notwithstanding subsection (a), the President may 
provide military assistance to Pakistan for purposes of enhancing the 
ability of the Pakistan Frontier Corps to conduct counterterrorism 
operations along the border between Pakistan and Afghanistan.
    (c) Determinations Regarding Enhanced Cooperation Between the 
United States and Pakistan.--The determinations referred to in 
subsection (a) are--
            (1) a determination by the President within 180 days of 
        enactment of this Act and at the beginning of each fiscal year 
        thereinafter that the Government of Pakistan is continuing to 
        cooperate with the United States in efforts to dismantle 
        supplier networks relating to the acquisition of nuclear 
        weapons-related materials, including, as necessary, providing 
        access to Pakistani nationals associated with such networks; 
        and
            (2) a determination by the President at the beginning of 
        each fiscal year that the Government of Pakistan during the 
        preceding fiscal year has demonstrated a sustained commitment 
        to and made progress towards combating terrorist groups, 
        including taking into account the progress the Government of 
        Pakistan has made with regard to--
                    (A) ceasing support, including by any elements 
                within the Pakistan military or its intelligence 
                agency, to extremist and terrorist groups, particularly 
                to any group that has conducted attacks against United 
                States or coalition forces in Afghanistan, including 
                Afghanistan National Security Forces, or against the 
                territory of India or the people of India;
                    (B) closing terrorist camps in the FATA, 
                dismantling terrorist bases of operations in other 
                parts of the country, including Quetta and Muridke, and 
                taking action when provided with intelligence about 
                high-level terrorist targets;
                    (C) preventing cross border attacks into 
                neighboring countries; and
                    (D) strengthening counter-terrorism and anti-money 
                laundering laws.
    (d) Waiver.--The President may waive the restriction under 
subsection (a) for any fiscal year if the President certifies to the 
appropriate congressional committees 15 days before the President 
exercises the authority of this subsection that the provision of 
military assistance to Pakistan is vital to the national security 
interest of the United States.
    (e) Consultation and Written Justification.--Not later than 5 days 
prior to making a determination described in subsection (c), the 
President shall consult with the appropriate congressional committees 
and, upon making such determination, shall submit to the appropriate 
congressional committees a written justification that specifies the 
basis upon which the President made such a determination. The 
justification shall be unclassified but may include a classified annex.
    (f) Joint Resolution Disapproving Presidential Determination.--
            (1) Contents of resolution.--For purposes of this 
        subsection, a joint resolution referred to in subsection (a) is 
        a joint resolution of the two Houses of Congress, which does 
        not contain a preamble, and the sole matter after the resolving 
        clause of which is as follows: ``that the Congress disapproves 
        the determination of the President transmitted to the Congress 
        on _____'' with the date of the determination described in 
        subsection (c) filled in.
            (2) Introduction of resolution.--
                    (A) In general.--A joint resolution described in 
                paragraph (1) may be introduced at any time during the 
                90-day period beginning on the date on which the 
                President transmits to Congress a determination or 
                determinations described in subsection (c) in 
                accordance with an applicable date described in such 
                subsection. During the first 30 days of the 90-day 
                period specified in the preceding sentence, a joint 
                resolution will be considered to be a joint resolution 
                described in paragraph (1) only if it is introduced in 
                the House of Representatives by the majority leader or 
                minority leader of the House or introduced in the 
                Senate by the majority leader or minority leader of the 
                Senate. Only the first resolution introduced in 
                accordance with this subparagraph with respect to a 
                particular determination shall be considered to be a 
                joint resolution described in paragraph (1).
                    (B) Limitation.--After a committee reports, or is 
                discharged from further consideration of, a joint 
                resolution disapproving a determination or 
                determinations described in subsection (c) for an 
                applicable deadline described in such subsection it 
                shall not be in order to move to proceed to the 
                consideration of another joint resolution disapproving 
                such determination or determinations in either House.
            (3) Referral to committees.--A joint resolution described 
        in paragraph (1) introduced in the House of Representatives 
        shall be referred to the Committee on Foreign Affairs and a 
        joint resolution described in paragraph (1) introduced in the 
        Senate shall be referred to the Committee on Foreign Relations.
            (4) Discharge of committees.--If the committee of either 
        House to which a joint resolution described in paragraph (1) 
        has been referred has not reported such joint resolution at the 
        end of 10 calendar days (excluding Saturdays, Sundays, or legal 
        holidays, except when the relevant House is in session on such 
        a day) after its introduction, such committee shall be 
        discharged from further consideration of such joint resolution, 
        and such joint resolution shall be placed on the appropriate 
        calendar of the relevant House.
            (5) Floor consideration in the house of representatives and 
        senate-.--
                    (A) In general.--On or after the third calendar day 
                (excluding Saturdays, Sundays, or legal holidays, 
                except when the relevant House is in session on such a 
                day) after the date on which the committee to which a 
                joint resolution described in paragraph (1) is referred 
                has reported, or has been discharged from further 
                consideration of, such a joint resolution, it shall be 
                in order for any Member of the relevant House to move 
                to proceed to the consideration of the joint 
                resolution. A Member of the relevant House may make the 
                motion only on the day after the calendar day on which 
                the Member announces to the relevant House the Member's 
                intention to do so. Such motion shall be privileged and 
                shall not be debatable. The motion shall not be subject 
                to amendment or to a motion to postpone. A motion to 
                reconsider the vote by which the motion is agreed to 
                shall not be in order. If a motion to proceed to the 
                consideration of the joint resolution is agreed to, the 
                relevant House shall immediately proceed to 
                consideration of the joint resolution which shall 
                remain the unfinished business until disposed of.
                    (B) Debate.--Debate on a joint resolution described 
                in paragraph (1) and on all debatable motions and 
                appeals in connection therewith, shall be limited to 
                not more than 36 hours in the House of Representatives 
                and not more than 50 hours in the Senate, which shall 
                be divided equally between those favoring and those 
                opposing the joint resolution. An amendment to the 
                joint resolution shall not be in order. A motion to 
                further limit debate shall be in order and shall not be 
                debatable. A motion to table, a motion to postpone, or 
                a motion to recommit the joint resolution shall not be 
                in order. A motion to reconsider the vote by which the 
                joint resolution is agreed to or disagreed to shall not 
                be in order.
                    (C) Appeals.--Appeals from the decisions of the 
                Chair to the procedure relating to a joint resolution 
                described in paragraph (1) shall be decided without 
                debate.
            (6) Consideration by the other house.--If, before the 
        passage by one House of a joint resolution described in 
        paragraph (1) of that House disapproving a determination or 
        determinations described in subsection (c) for an applicable 
        deadline described in such subsection, that House receives a 
        joint resolution described in paragraph (1) from the other 
        House disapproving the same determination or determinations, 
        then the following procedures shall apply:
                    (A) The joint resolution of the other House shall 
                not be referred to a committee and may not be 
                considered in the House receiving it except in the case 
                of final passage as provided in subparagraph (B)(ii).
                    (B) With respect to a joint resolution of the House 
                receiving the joint resolution--
                            (i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            (ii) the vote on final passage shall be on 
                        the joint resolution of the other House.
                    (C) Upon disposition of the joint resolution 
                received from the other House, it shall no longer be in 
                order to consider the joint resolution that originated 
                in the receiving House.
            (7) Rules of house of representatives and senate.--This 
        section is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such is deemed a part of the rules of each 
                House, respectively, and such procedures supersede 
                other rules only to the extent that they are 
                inconsistent with such other rules; and
                    (B) with the full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedures of that House) at any time, 
                in the same manner, and to the same extent as any other 
                rule of that House.
    (g) Definitions.--For purposes of this section--
            (1) the term ``appropriate congressional committees'' means 
        the Committees on Foreign Affairs and Armed Services of the 
        House of Representatives and the Committees on Foreign 
        Relations and Armed Services of the Senate; and
            (2) the term ``military assistance'' means--
                    (A) assistance authorized under section 23 of the 
                Arms Export Control Act (22 U.S.C. 2763; relating to 
                the Foreign Military Financing program), including 
                assistance authorized under section 203(b) of this Act, 
                assistance authorized under section 204 of this Act, 
                and assistance authorized under part II of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2301 et seq.), other 
                than assistance authorized under chapter 5 of part II 
                of such Act (22 U.S.C. 2347 et seq.); and
                    (B) assistance authorized under any other provision 
                of law that is similar to assistance described in 
                subparagraph (A).

SEC. 207. ROLE OF SECRETARY OF STATE.

    Amounts authorized to be appropriated to carry out this title or 
any other provision of law that authorizes military assistance for 
Pakistan for the purposes of counterinsurgency or counterterrorism may 
be made available only with the concurrence of the Secretary of State.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title, other than section 204, $600,000,000 
for each of the fiscal years 2009 through 2013.
    (b) Relation to Other Available Funds.--Amounts authorized to be 
appropriated to carry out this title for a fiscal year are in addition 
to amounts otherwise available for such purposes.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REGIONAL SECURITY STRATEGY.

    (a) Sense of Congress.--It is the sense of Congress that conditions 
in Pakistan will only be improved through regional coordination and 
cooperation, and long-term security in Pakistan depends on 
strengthening regional relationships among India, Pakistan, and 
Afghanistan.
    (b) Regional Security Strategy.--The President shall develop a 
regional security strategy to work with the Government of Pakistan and 
other relevant governments and organizations in the region and 
elsewhere to best implement effective counterinsurgency and 
counterterrorism efforts in and near the border areas of Pakistan and 
Afghanistan, including the FATA, NWFP, and parts of Balochistan.
    (c) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report on the regional 
        security strategy required under subsection (b).
            (2) Contents.--The report shall include a copy of the 
        regional security strategy, including specification of goals, 
        and proposed timelines and budgets for implementation of the 
        strategy.

SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Impact evaluation research.--The term ``impact 
        evaluation research'' means the application of research methods 
        and statistical analysis to measure the extent to which change 
        in a population-based outcome can be attributed to program 
        intervention instead of other environmental factors.
            (2) Operations research.--The term ``operations research'' 
        means the application of social science research methods, 
        statistical analysis, and other appropriate scientific methods 
        to judge, compare, and improve policies and program outcomes, 
        from the earliest stages of defining and designing programs 
        through their development and implementation, with the 
        objective of the rapid dissemination of conclusions and 
        concrete impact on programming.
            (3) Program monitoring.--The term ``program monitoring'' 
        means the collection, analysis, and use of routine program data 
        to determine how well a program is carried out and how much the 
        program costs.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) to successfully enhance democracy and the rule of law 
        in Pakistan, defeat extremist elements, and ensure the 
        protection of human rights, the President should establish a 
        program to conduct impact evaluation research, operations 
        research, and program monitoring to ensure effectiveness of 
        assistance provided under title I of this Act;
            (2) long-term solutions to Pakistan's security problems 
        depend on increasing the effectiveness and responsiveness of 
        civilian institutions in Pakistan, including the parliament and 
        judicial system;
            (3) a specific program of impact evaluation research, 
        operations research, and program monitoring, established at the 
        inception of the program, is required to permit assessment of 
        the operational effectiveness of impact of United States 
        assistance towards these goals; and
            (4) the President, in developing performance measurement 
        methods under the impact evaluation research, operations 
        research, and program monitoring, should consult with the 
        appropriate congressional committees as well as the Government 
        of Pakistan.
    (c) Impact Evaluation Research, Operation Research and Program 
Monitoring of Assistance.--The President shall establish and implement 
a program to assess the effectiveness of assistance provided under 
title I of this Act through impact evaluation research on a selected 
set of programmatic interventions, operations research in areas to 
ensure efficiency and effectiveness of program implementation, and 
monitoring to ensure timely and transparent delivery of assistance.
    (d) Requirements.--The program required under subsection (c) shall 
include--
            (1) a delineation of key impact evaluation research and 
        operations research questions for main components of assistance 
        provided under title I of this Act;
            (2) an identification of measurable performance goals for 
        each of the main components of assistance provided under title 
        I of this Act to be expressed in an objective and quantifiable 
        form at the inception of the program;
            (3) the use of appropriate methods, based on rigorous 
        social science tools, to measure program impact and operational 
        efficiency; and
            (4) adherence to a high standard of evidence in developing 
        recommendations for adjustments to the assistance to enhance 
        the impact of the assistance.
    (e) Assistance To Enhance the Capacity of Pakistan.--In carrying 
out the program required under subsection (c), the President is 
authorized to provide assistance to enhance the capacity of the 
Government of Pakistan to monitor and evaluate programs carried out by 
the national, provincial, and local governments in Pakistan in order to 
maximize the long-term sustainable development impact of such programs.
    (f) Consultation With Congress.--Not later than 120 days after the 
date of the enactment of this Act, the President shall brief and 
consult with the appropriate congressional committees regarding the 
progress in establishing and implementing the program required under 
subsection (c).
    (g) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 105 for each of the fiscal years 2009 
through 2013, up to 5 percent of such amounts for such fiscal year is 
authorized to be made available to carry out this section for the 
fiscal year.

SEC. 303. AUDITING.

    (a) Assistance Authorized.--The Inspector General of the Department 
of State and the Inspector General of the United States Agency for 
International Development shall audit, investigate, and oversee the 
obligation and expenditure of funds to carry out title I of this Act.
    (b) Requirement for In-Country Presence.--The Inspector General of 
the Department of State and the Inspector General of the United States 
Agency for International Development, after consultation with the 
Secretary of State and the Administrator of the United States Agency 
for International Development, are authorized to establish field 
offices in Pakistan with sufficient staff from each of the Offices of 
the Inspector General in Pakistan respectively to carry out subsection 
(a).
    (c) Authorization of Appropriations.--
            (1) In general.--Of the amounts authorized to be 
        appropriated under section 105 for each of the fiscal years 
        2009 through 2013, not less than $2,000,000 for each fiscal 
        year is authorized to be made available to the Office of the 
        Inspector General of the Department of State and not less than 
        $2,000,000 for each fiscal year is authorized to be made 
        available to the Office of the Inspector General of the United 
        States Agency for International Development to carry out this 
        section.
            (2) Relation to other available funds.--Amounts made 
        available under paragraph (1) are in addition to amounts 
        otherwise available for such purposes.

SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF UNITED STATES ASSISTANCE 
              FOR PAKISTAN.

    (a) Requirements.--Any direct assistance provided or payments made 
on or after January 1, 2010, by the United States to the Government of 
Pakistan, and any information required by the United States prior to 
providing the assistance or making the payments, may only be provided 
or made to, or received from, civilian authorities of a government of 
Pakistan constituted through a free and fair election. For purposes of 
this subsection, a government of Pakistan constituted through a free 
and fair election is a government that is determined by the President 
to have been elected in a free and fair manner, taking into account the 
laws and constitution of Pakistan and internationally recognized 
standards.
    (b) Waiver.--The President may waive the requirements under 
subsection (a) for a fiscal year if the President certifies to the 
appropriate congressional committees that the waiver is vital to the 
national security interests of the United States.
    (c) Rule of Construction.--Nothing in this section shall apply with 
respect to any activities subject to reporting requirements under title 
V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
    (d) Definition.--In this section, 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.

SEC. 305. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State, with the concurrence of the 
        Secretary of Defense, should establish a coordinated, strategic 
        communications strategy to engage the people of Pakistan--one 
        that is fully funded, staffed, and implemented--to help ensure 
        the success of the measures authorized by this Act; and
            (2) the strategy should have clear and achievable 
        objectives, based on available resources, and should be 
        overseen by the United States Chief of Mission in Pakistan.

SEC. 306. REPORTS.

    (a) Report by President.--
            (1) In general.--The President shall transmit to the 
        appropriate congressional committees a report on assistance 
        provided under titles I and II of this Act during the preceding 
        fiscal year. The first report shall be transmitted not later 
        than 180 days after the date of the enactment of this Act and 
        subsequent reports shall be transmitted not later than December 
        31 of each year thereafter.
            (2) Matters to be included.--The report required under 
        subsection (a) shall include the following:
                    (A) A detailed description of the assistance by 
                program, project, and activity, as well as by 
                geographic area.
                    (B) A general description of the performance goals 
                established under section 302 and the progress made in 
                meeting the goals.
                    (C) An evaluation of efforts undertaken by the 
                Government of Pakistan to--
                            (i) disrupt, dismantle, and defeat al 
                        Qaeda, the Taliban, and other extremist and 
                        terrorist groups in the FATA and settled areas;
                            (ii) close terrorist camps, including those 
                        of Jamaat-ud-Dawa and Lashkar-e-Taiba;
                            (iii) cease all support for extremist and 
                        terrorist groups;
                            (iv) prevent cross-border attacks;
                            (v) increase oversight over curriculum in 
                        madrasas, including closing madrasas with 
                        direct links to the Taliban or other extremist 
                        and terrorist groups; and
                            (vi) improve counter-terrorism financing 
                        and anti-money laundering laws, apply for 
                        observer status for the Financial Action Task 
                        Force, and steps taken to adhere to the United 
                        Nations International Convention for the 
                        Suppression of Financing of Terrorism.
                    (D) A detailed description of Pakistan's efforts to 
                prevent proliferation of nuclear-related material and 
                expertise.
                    (E) A description of the transfer or purchase of 
                military equipment pursuant to title II of this Act, 
                including--
                            (i) a list of equipment provided; and
                            (ii) a detailed description of the extent 
                        to which funds obligated and expended pursuant 
                        to section 203(b) meet the requirements of such 
                        section.
                    (F) An analysis of a suitable replacement for the 
                AH-1F and AH-1S Cobra attack helicopters, which 
                includes recommendations for sustainment, training, and 
                any other matters determined to be appropriate.
    (b) Report by Comptroller General.--
            (1) In general.--Not later than April 1, 2011, the 
        Comptroller General of the United States shall submit to the 
        appropriate congressional committees a report evaluating the 
        effectiveness of security assistance provided to Pakistan under 
        title II of this Act during fiscal years 2009 and 2010.
            (2) Matters to be included.--The report required under 
        subsection (a) shall include the following:
                    (A) A detailed description of the expenditures made 
                by Pakistan pursuant to grant assistance under section 
                23 of the Arms Export Control Act (22 U.S.C. 2763; 
                relating to the Foreign Military Financing program).
                    (B) An assessment of the impact of the assistance 
                on the security and stability of Pakistan.
                    (C) An evaluation of any issues of financial 
                impropriety on behalf of personnel implementing the 
                assistance.
                    (D) An assessment of the extent to which civilian 
                authorities are involved in administration of the 
                assistance provided by the United States.

SEC. 307. SUNSET.

    The authority of this Act shall expire after September 30, 2013.
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