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

                                                  Union Calendar No. 66
111th CONGRESS
  1st Session
                                H. R. 1886

                      [Report No. 111-129, Part I]

 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

                              May 22, 2009

  Reported from the Committee on Committee on Foreign Affairs with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 22, 2009

                   The Committee on Rules discharged

                              May 22, 2009

  Referred to the Committee on Armed Services for a period ending not 
 later than June 5, 2009, for consideration of such provisions of the 
 bill and amendment as fall within the jurisdiction of that committee 
                    pursuant to clause 1(c), rule X

                              June 2, 2009

   Additional sponsors: Mr. Frank of Massachusetts, Mr. Israel, Mr. 
  McMahon, Mr. McDermott, Mr. Connolly of Virginia, and Mr. Van Hollen

                              June 2, 2009

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                                2, 2009]

_______________________________________________________________________

                                 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. Pakistan Counterinsurgency Capabilities Fund.
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. Authorization of appropriations.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Comprehensive 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 a critical 
        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 chose to partner with the United 
        States in the fight against al Qaeda, the Taliban, and other 
        extremist and terrorist groups.
            (4) Since 2001, the United States has contributed more than 
        $12,000,000,000 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 provides assistance throughout 
        Pakistan and does not disproportionately focus on military 
        assistance or one particular area or province.
            (6) Despite killing or capturing hundreds of al Qaeda 
        operatives and other terrorists--including major al Qaeda 
        leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, 
        and Abu Faraj al-Libi--Pakistan's FATA, parts of the NWFP, 
        Quetta in Balochistan, and Muridke in Punjab remain a sanctuary 
        for al Qaeda, the Afghan Taliban, and affiliated groups from 
        which these groups organize terrorist actions against Pakistan 
        and other countries.
            (7) Pakistan's security forces have recently begun taking 
        concerted action against those who threaten Pakistan's security 
        and stability, with military operations in the Bajour agency in 
        the FATA and in the Swat, Buner, and Dir districts in the NWFP.
            (8) The displacement of over 1,000,000 Pakistanis poses a 
        grave humanitarian crisis and requires the immediate attention 
        of the United Nations, and the strong support of donor nations, 
        to provide food, water, shelter, medicine, sanitation and other 
        emergency services and supplies to the displaced, along with 
        longer-term development assistance.   The humanitarian crisis 
        highlights the need for Pakistan to develop an effective 
        national counterinsurgency strategy, in order to mitigate such 
        displacement.

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 a critical friend and ally to the United 
        States, both in times of strife and in times of peace, and the 
        two 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) United States assistance to Pakistan is intended to 
        supplement, not supplant, Pakistan's own efforts in building a 
        stable, secure, and prosperous Pakistan, and United States 
        assistance will be wholly ineffective without Pakistan's own 
        serious efforts to improve the health, education, and living 
        standards of its population, including maintaining or 
        increasing the financial resources devoted to such efforts.
            (3) 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.
            (4) The United States intends to work with the Government 
        of Pakistan--
                    (A) to build mutual trust and confidence by 
                actively and consistently pursuing a sustained, long-
                term, multifaceted relationship between the two 
                countries, 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, through strengthening Pakistan's parliament, 
                helping Pakistan reestablish an independent and 
                transparent judicial system, and working to extend the 
                rule of law in all areas in Pakistan;
                    (C) to promote long-term development and 
                infrastructure projects, including in healthcare, water 
                management, and energy programs, in all areas of 
                Pakistan, that are sustained and supported by each 
                successive democratic government in 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 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;
                    (F) to expand people-to-people engagement between 
                the two countries, through increased educational, 
                technical, and cultural exchanges and other methods;
                    (G) to ensure transparency of and provide effective 
                accountability for all United States assistance and 
                reimbursements provided to Pakistan;
                    (H) to take steps to improve Pakistan's 
                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;
                    (I) to establish a counterinsurgency and 
                counterterrorism strategy to prevent any territory of 
                Pakistan from being used as a base or conduit for 
                terrorist attacks in Pakistan, or elsewhere, and ensure 
                that madrasas in Pakistan are not used to incite 
                terrorism;
                    (J) to ensure that Pakistan has strong and 
                effective law enforcement and national defense forces, 
                under civilian leadership, with sufficient and 
                appropriate security equipment and training to 
                effectively defend Pakistan against internal and 
                external threats;
                    (K) to ensure access of United States investigators 
                to individuals suspected of engaging in worldwide 
                proliferation of nuclear materials, as necessary, and 
                restrict such individuals from travel or any other 
                activity that could result in further proliferation;
                    (L) to help Pakistan meet its commitment to not 
                support any person or group that conducts violence, 
                sabotage, or other activities meant to instill fear or 
                terror in Pakistan's neighboring countries; and
                    (M) to help Pakistan gain control of its under-
                governed areas and stop any support, direction, 
                guidance to, or acquiescence in the activities of, any 
                person or group that engages in acts of violence or 
                intimidation against civilians, civilian groups, or 
                governmental entities.

 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 violent militancy 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 economic and social 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, 
                        including national security issues and the 
                        military budget, 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; and
                            (iii) strengthening of the role of 
                        parliamentary leadership;
                    (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 efforts by the 
                Government of Pakistan to promote governance reforms in 
                the FATA, including--
                            (i) extension of the Political Parties Act;
                            (ii) local experimentation with methods to 
                        transition from the FCR; and
                            (iii) long-term development of durable and 
                        responsive political institutions.
            (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 systemic 
                improvement of judicial and criminal justice 
                institutions, including--
                            (i) management of courts;
                            (ii) enhanced career opportunities and 
                        professional training for judges, public 
                        defenders, and prosecutors; and
                            (iii) efforts to enhance the rule of law to 
                        all areas in Pakistan where the writ of the 
                        government is under heightened challenge by 
                        terrorists and militants, including through 
                        innovations in the delivery of judicial 
                        services that enhance the legitimacy of state 
                        institutions;
                    (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 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 of criminal activity; and
                    (D) strengthening the capacity of the police and 
                other civilian law enforcement agencies to provide a 
                robust response to threats from extremists and 
                terrorists along the frontier and elsewhere in 
                Pakistan, including--
                            (i) the development of an elite rapid 
                        reaction force which could be deployed on short 
                        notice to secure areas that are threatened by 
                        militancy; and
                            (ii) facilitating improved counterterrorism 
                        and counterinsurgency coordination between 
                        local government officials, the police, 
                        paramilitary, and military leaders.
            (3) Support for broad-based and sustainable economic 
        development.--To support economic development in Pakistan by--
                    (A) promoting energy sector reform and development;
                    (B) expanding assistance for agricultural and rural 
                development, including farm-to-market roads, systems to 
                prevent spoilage and waste, and other small-scale 
                infrastructure improvements that will enhance 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 women and girls; and
                    (D) increasing investment in infrastructure, 
                including construction of roads, water resource 
                management systems, irrigation channels, and continued 
                development of a national aviation industry and 
                aviation infrastructure.
            (4) Support to increase local capacity.--To increase the 
        capacity and improve the sustainability of Pakistan's national, 
        provincial, and local governmental and nongovernmental 
        institutions, including assistance to--
                    (A) increase and improve the capacity of Pakistan's 
                national, provincial, and local governmental 
                institutions by--
                            (i) providing technical assistance to all 
                        ministries to improve transparency and ability 
                        to respond to the needs of the people of 
                        Pakistan; and
                            (ii) promoting the implementation of fiscal 
                        and personnel management, including revenue 
                        tracking and expenditure systems; and
                    (B) enhance the capacity of Pakistan's 
                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, 
                with special emphasis on helping girls stay in school;
                    (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) 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;
                    (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; and
                    (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.
            (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 civilian casualties and collateral damage to 
                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 country 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.--To implement a more 
        effective public diplomacy strategy in Pakistan in order to 
        ensure that the Pakistani public recognizes that it is in 
        Pakistan's own interest to partner with the United States and 
        other like-minded countries to combat militant extremism, as 
        well as to promote a better understanding of the United States, 
        including through the following:
                    (A) Partnering with the Government of Pakistan to 
                highlight the negative behavior of insurgent groups and 
                to encourage civil society, respected scholars, and 
                other leaders to speak out against militancy and 
                violence.
                    (B) Providing technical assistance to the 
                Government of Pakistan to both disrupt and provide 
                alternatives to the illegal FM radio stations used by 
                insurgent groups in the FATA and adjacent districts of 
                the NWFP.
                    (C) Expanded exchange activities under the 
                Fulbright Program, the International Visitor Leadership 
                Program, the Youth Exchange and Study Program, and 
                related programs administered by the Department of 
                State designed to promote mutual understanding and 
                interfaith dialogue.
                    (D) 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.
                    (E) 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 and which may be 
used for purposes of this title.
    (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 are transferred by the 
        President to the Fund pursuant to subsection (d).
            (3) To the extent or in the amounts provided in advance in 
        appropriations Acts, amounts accepted by the President under 
        subsection (c) that are transferred by the President to the 
        Fund pursuant to subsection (d).
    (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.--The President is 
authorized to transfer to the Fund amounts under paragraphs (2) and (3) 
of subsection (b). Such amounts 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, 2018, 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 2010 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 due to 
        Pakistan's possession 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, or elsewhere;
            (3) to work in close cooperation with the Government of 
        Pakistan to coordinate action against extremist and 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 $300,000,000 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, the 
                Pakistan Frontier Corps, and other appropriate security 
                forces.
                    (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) Congressional finding.--In accordance with the 
                Letters of Offer and Acceptance signed between the 
                United States and Pakistan in 2006, Congress finds that 
                the Government of Pakistan is responsible for making 
                the remaining payments of the F-16 sale with its own 
                national funds.
                    (B) Restriction.--Subject to subparagraph (C), 
                amounts authorized to be made available under this 
                subsection or section 204 for a fiscal year may not be 
                used for the purchase of, or upgrade to, F-16 fighter 
                aircraft or munitions for such aircraft.
                    (C) Exception.--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 contained in the Letters 
                of Offer and Acceptance signed between the United 
                States and Pakistan in 2006.
                    (D) Waiver.--The President may waive the 
                restriction under subparagraph (B) 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 important to the 
                national security interests of the United States.
            (4) Security assistance plan.--Not later than 180 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 
        2010 through 2013. Such plan may be transmitted to the 
        appropriate congressional committees in conjunction with the 
        plan required under section 204(f)(1).
            (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. PAKISTAN COUNTERINSURGENCY CAPABILITIES FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Pakistan 
Counterinsurgency Capabilities Fund'' (hereinafter in this section 
referred to as the ``Fund'' or the ``PCCF''), consisting of such 
amounts as may be appropriated or transferred to the Fund as provided 
in this section.
    (b) Transfers to Fund.--The PCCF shall consist of the following:
            (1) Amounts appropriated to carry out this section.
            (2) Amounts appropriated on or after the date of the 
        enactment of this Act to carry out the provisions of chapter 8 
        of part I and chapters 2, 5, 6, and 8 of part II of the Foreign 
        Assistance Act of 1961 and section 23 of the Arms Export 
        Control Act for assistance for enhancing counterinsurgency 
        capabilities of Pakistan that are transferred by the President 
        to the Fund pursuant to subsection (e).
    (c) Purposes of Fund.--Amounts in the Fund are authorized to be 
used by the Secretary of State, with the concurrence of the Secretary 
of Defense, to enhance the capability of Pakistan to conduct 
counterinsurgency and counterterrorism operations, including--
            (1) the training and equipping of the armed forces of 
        Pakistan, including the articles, services, and military 
        education and training described in section 203(b)(2);
            (2) the training and equipping of paramilitary and other 
        security forces, including the Frontier Corps, and, on an 
        exceptional basis, irregular security forces; and
            (3) building the capability of the forces described in 
        paragraphs (1) and (2) to respond to urgent humanitarian relief 
        and reconstruction requirements that will immediately assist 
        those civilians affected by military operations.
    (d) Additional Authority.--
            (1) In general.--Except as provided in section 3(a)(2) of 
        the Arms Export Control Act and except as otherwise provided in 
        this title, amounts in the Fund shall be available 
        notwithstanding any other provision of law.
            (2) Availability.--Amounts in the Fund shall be available 
        in the fiscal year they were appropriated and the succeeding 
        fiscal year.
    (e) Transfer Authority.--
            (1) In general.--The Secretary of State may transfer 
        amounts appropriated for Pakistan pursuant to the provisions of 
        law described in subsection (b)(2) to the Fund. Such funds 
        shall be merged with amounts in the Fund and shall be available 
        for any purpose for which any of the amounts so transferred are 
        available.
            (2) To other agencies.--The Secretary of State may transfer 
        amounts in the Fund to the Department of Defense or any other 
        Federal department or agency, with the concurrence of the head 
        of such department or agency, to enable such departments and 
        agencies to support Pakistan's counterinsurgency operations, 
        and such amounts may be merged with and be available for the 
        same purposes and for the same time period as the appropriation 
        or fund to which transferred or may be transferred pursuant to 
        the authorities contained in the Foreign Assistance Act of 
        1961.
            (3) Notification.--The Secretary of State shall, not less 
        than 15 days prior to making transfers from Fund, notify the 
        appropriate congressional committees in writing of the details 
        of any such transfer. If the Secretary determines that it is in 
        the national security interest of the United States to transfer 
        such funds immediately, the Secretary shall notify the 
        appropriate congressional committees not later than 5 days 
        after the transfer of such funds.
            (4) Retransfer.--Upon determination by the Secretary of 
        Defense or head of any other Federal department or agency, with 
        the concurrence of the Secretary of State, that all or part of 
        the funds transferred from the Fund pursuant to paragraph (2) 
        are not necessary for the purposes described in subsection (c), 
        such amounts may be transferred by the head of the relevant 
        Federal department or agency back to the Fund and shall be 
        available for the same purposes and for the same time period as 
        originally appropriated.
            (5) Relationship to other laws.--The authority of this 
        section is in addition to transfer authorities provided in the 
        Foreign Assistance Act of 1961 or under any other provision of 
        law.
    (f) Report.--
            (1) Initial spending plan.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of State 
        shall submit to the appropriate congressional committees an 
        initial spending plan for the any amounts in the Fund.
            (2) Implementation.--Not later than April 1, 2010, and 
        every six months thereafter through September 30, 2013, the 
        Secretary shall submit to the appropriate congressional 
        committees a report summarizing, on a project-by-project basis, 
        the activities carried out by the Fund, including a description 
        of provisions of law waived to carry out such activities.
    (g) Submission of Reports and Notifications.--Any report or 
notification required by this section shall be submitted in classified 
form, but may include a unclassified annex if necessary.
    (h) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Affairs of the House of 
        Representatives; and
            (2) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Relations of the Senate.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated for the Fund $700,000,000 for fiscal year 2010 and such 
sums as may be necessary for each of the fiscal years 2011 through 
2013.

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--
            (1) military and civilian personnel of Pakistan, and
            (2)(A) military and civilian personnel of countries 
        determined by the Secretary of State to be in transition to 
        democracy, or
            (B) 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.--None of the funds authorized to 
be appropriated for military assistance to Pakistan for fiscal year 
2011 and each fiscal year thereafter may be obligated or expended if 
the President has not made the determinations described in subsection 
(b) for such fiscal year.
    (b) Determinations Regarding Enhanced Cooperation Between the 
United States and Pakistan.--The determinations referred to in 
subsection (a) are--
            (1) a determination by the President at the beginning of 
        each fiscal year 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 
        direct 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 making 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, or against 
                the territory or people of neighboring countries;
                    (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.
    (c) 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 important to the national security 
interests of the United States.
    (d) Consultation and Written Justification.--Not later than 5 days 
prior to making a determination described in subsection (b), 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, including an 
acknowledgment of the extent to which the Government of Pakistan has 
made progress with regard to subsection (b)(2). The justification shall 
be unclassified but may include a classified annex.
    (e) 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''--
                    (A) means 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.); but
                    (B) does not include assistance authorized under 
                any provision of law that is funded from accounts 
                within budget function 050 (National Defense).

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
President to carry out this title, other than section 204, $400,000,000 
for each of the fiscal years 2010 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. COMPREHENSIVE REGIONAL SECURITY STRATEGY.

    (a) Sense of Congress.--It is the sense of Congress that the 
achievement of United States national security goals to eliminate 
terrorist threats and close safe havens in Pakistan requires the 
development of a comprehensive plan that utilizes all elements of 
national power, including in coordination and cooperation with other 
concerned governments, and that it is critical to Pakistan's long-term 
prosperity and security to strengthen regional relationships among 
India, Pakistan, and Afghanistan.
    (b) Comprehensive Regional Security Strategy.--The President shall 
develop a comprehensive regional security strategy to eliminate 
terrorist threats and close safe havens in Pakistan, including by 
working with the Government of Pakistan and other relevant governments 
and organizations in the region and elsewhere, as appropriate, to best 
implement effective counterinsurgency and counterterrorism efforts in 
and near the border areas of Pakistan and Afghanistan, including the 
FATA, NWFP, parts of Balochistan, and parts of Punjab.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report on the 
        comprehensive regional security strategy required under 
        subsection (b).
            (2) Contents.--The report shall include a copy of the 
        comprehensive regional security strategy, including 
        specifications of goals, and proposed timelines and budgets for 
        implementation of the strategy.
    (d) Definition.--For purposes of this section, 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.

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, Operations 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 2010 
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 
        2010 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--
            (1) the requirements under subsection (a), or
            (2) the requirements under any other provision of law that 
        restricts assistance to the government of any country whose 
        duly elected head of government is deposed by military coup or 
        decree, as such provision of law applies with respect to the 
        Government of Pakistan,
if the President certifies to the appropriate congressional committees 
that the waiver is important 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, Lashkar-e-Taiba, and Jaish-
                        e-Mohammed;
                            (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) An assessment of whether assistance provided to 
                Pakistan pursuant to this Act has directly or 
                indirectly aided the expansion of Pakistan's nuclear 
                weapons program, whether by the diversion of United 
                States assistance or the reallocation of Pakistan 
                financial resources that would otherwise be spent for 
                programs and activities unrelated to its nuclear 
                weapons program.
                    (F) 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.
                    (G) 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.
                    (H) An assessment of the extent to which the 
                Government of Pakistan exercises effective civilian 
                control of the military, including a description of the 
                extent to which civilian executive leaders and 
                parliament exercise oversight and approval of military 
                budgets, the chain of command, the process of promotion 
                for senior military leaders, civilian involvement in 
                strategic guidance and planning, and military 
                involvement in civil administration.
    (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 2010 and 2011.
            (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, other than section 104, shall expire 
after September 30, 2013.
                                                  Union Calendar No. 66

111th CONGRESS

  1st Session

                               H. R. 1886

                      [Report No. 111-129, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 2, 2009

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed