[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 962 Engrossed in Senate (ES)]
111th CONGRESS
1st Session
S. 962
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2009 through 2013 to
promote an enhanced strategic partnership with Pakistan and its people,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Partnership with Pakistan
Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The people of Pakistan and the United States have a
long history of friendship and comity, and the interests of
both nations are well-served by strengthening and deepening
this friendship.
(2) In February 2008, the people of Pakistan elected a
civilian government, reversing years of political tension and
mounting popular concern over governance and their own
democratic reform and political development.
(3) A democratic, moderate, modernizing Pakistan would
represent the wishes of the Pakistani people and serve as a
model to other countries around the world.
(4) Economic growth is a fundamental foundation for human
security and national stability in Pakistan, a country with
over 175,000,000 people, an annual population growth rate of 2
percent, and a ranking of 136 out of 177 countries in the
United Nations Human Development Index.
(5) Pakistan is a major non-NATO ally of the United States
and has been a valuable partner in the battle against al Qaeda
and the Taliban, but much more remains to be accomplished by
both nations.
(6) The struggle against al Qaeda, the Taliban, and
affiliated terrorist groups has led to the deaths of several
thousand Pakistani civilians and members of the security forces
of Pakistan over the past 7 years.
(7) Since the terrorist attacks of September 11, 2001, more
al Qaeda terrorist suspects have been apprehended in Pakistan
than in any other country, including Khalid Sheikh Muhammad,
Ramzi bin al-Shibh, and Abu Faraj al-Libi.
(8) Despite the sacrifices and cooperation of the security
forces of Pakistan, the top leadership of al Qaeda, as well as
the leadership and rank-and-file of affiliated terrorist
groups, are believed to be using Pakistan's Federally
Administered Tribal Areas (FATA) and parts of the North West
Frontier Province (NWFP) and Balochistan as a haven and a base
from which to organize terrorist actions in Pakistan and
globally, including--
(A) attacks outside of Pakistan that have been
attributed to groups with Pakistani connections,
including--
(i) the suicide car bombing of the Indian
embassy in Kabul, Afghanistan, which killed 58
people on June 7, 2008; and
(ii) the massacre of approximately 165
people in Mumbai, India, including 6 United
States citizens, in late November 2008; and
(B) attacks within Pakistan, including--
(i) an attack on the visiting Sri Lankan
cricket team in Lahore on March 3, 2009;
(ii) an attack at the Marriott hotel in
Islamabad on September 9, 2008;
(iii) the bombing of a political rally in
Karachi on October 18, 2007;
(iv) the targeting and killing of dozens of
tribal, provincial, and national holders of
political office;
(v) an attack by gunfire on the U.S.
Principal Officer in Peshawar in August 2008;
and
(vi) the brazen assassination of former
Prime Minister Benazir Bhutto on December 27,
2007.
(9) In the 12-month period ending on the date of the
enactment of this Act, Pakistan's security forces have
struggled to contain a Taliban-backed insurgency that has
spread from FATA into settled areas, including the Swat Valley
and other parts of NWFP and Balochistan. This struggle has
taken the lives of more than 1,500 police and military
personnel and left more than 3,000 wounded.
(10) On March 27, 2009, President Obama noted, ``Multiple
intelligence estimates have warned that al Qaeda is actively
planning attacks on the U.S. homeland from its safe-haven in
Pakistan.''.
(11) According to a Government Accountability Office Report
(GAO-08-622), ``since 2003, the administration's national
security strategies and Congress have recognized that a
comprehensive plan that includes all elements of national
power--diplomatic, military, intelligence, development
assistance, economic, and law enforcement support--was needed
to address the terrorist threat emanating from the FATA'' and
that such a strategy was also mandated by section 7102(b)(3) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 22 U.S.C. 2656f note) and section
2042(b)(2) of the Implementing the Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 22 U.S.C. 2375
note).
(12) In the past year, the people of Pakistan have been
especially hard hit by rising food and commodity prices and
severe energy shortages, with two-thirds of the population
living on less than $2 a day and one-fifth of the population
living below the poverty line according to the United Nations
Development Program.
(13) The people of Pakistan and the United States share
many compatible goals, including--
(A) combating terrorism and violent radicalism,
both inside Pakistan and elsewhere;
(B) solidifying democracy and the rule of law in
Pakistan;
(C) promoting the economic development of Pakistan,
both through the building of infrastructure and the
facilitation of increased trade;
(D) promoting the social and material well-being of
Pakistani citizens, particularly through development of
such basic services as public education, access to
potable water, and medical treatment; and
(E) safeguarding the peace and security of South
Asia, including by facilitating peaceful relations
between Pakistan and its neighbors.
(14) According to consistent opinion research, including
that of the Pew Global Attitudes Survey (December 28, 2007) and
the International Republican Institute (January 29, 2008), many
people in Pakistan have historically viewed the relationship
between the United States and Pakistan as a transactional one,
characterized by a heavy emphasis on security issues with
little attention to other matters of great interest to citizens
of Pakistan.
(15) The election of a civilian government in Pakistan in
February 2008 provides an opportunity, after nearly a decade of
military-dominated rule, to place relations between Pakistan
and the United States on a new and more stable foundation.
(16) Both the Government of Pakistan and the United States
Government should seek to enhance the bilateral relationship
through additional multi-faceted engagement in order to
strengthen the foundation for a consistent and reliable long-
term partnership between the two countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Counterinsurgency.--The term ``counterinsurgency''
means efforts to defeat organized movements that seek to
overthrow the duly constituted Governments of Pakistan and
Afghanistan through violent means.
(3) Counterterrorism.--The term ``counterterrorism'' means
efforts to combat al Qaeda and other foreign terrorist
organizations that are designated by the Secretary of State in
accordance with section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189), or other individuals and entities engaged
in terrorist activity or support for such activity.
(4) FATA.--The term ``FATA'' means the Federally
Administered Tribal Areas of Pakistan.
(5) NWFP.--The term ``NWFP'' means the North West Frontier
Province of Pakistan, which has Peshawar as its provincial
capital.
(6) Pakistan-afghanistan border areas.--The term
``Pakistan-Afghanistan border areas'' includes the Pakistan
regions known as NWFP, FATA, and parts of Balochistan in which
the Taliban or Al Qaeda have traditionally found refuge.
(7) Security-related assistance.--The term ``security-
related assistance'' means--
(A) grant assistance to carry out section 23 of the
Arms Export Control Act (22 U.S.C. 2763);
(B) assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et
seq.);
(C) assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.);
(D) any equipment, supplies, and training provided
pursuant to section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3456); and
(E) any equipment, supplies, and training provided
pursuant to section 1206 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 368).
(8) Security forces of pakistan.--The term ``security
forces of Pakistan'' means the military and intelligence
services of the Government of Pakistan, including the Armed
Forces, Inter-Services Intelligence Directorate, Intelligence
Bureau, police forces, levies, Frontier Corps, and Frontier
Constabulary.
(9) Major defense equipment.--The term ``major defense
equipment'' has the meaning given in section 47(6) of the Arms
Export Control Act (22 U.S.C. 2794(6)).
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the consolidation of democracy, good
governance, and rule of law in Pakistan;
(2) to support economic growth and development in order to
promote stability and security across Pakistan;
(3) to affirm and build a sustained, long-term,
multifaceted relationship with Pakistan;
(4) to further the sustainable economic development of
Pakistan and the improvement of the living conditions of its
citizens, including in the Federally Administered Tribal Areas,
by expanding United States bilateral engagement with the
Government of Pakistan, especially in areas of direct interest
and importance to the daily lives of the people of Pakistan;
(5) to work with Pakistan and the countries bordering
Pakistan to facilitate peace in the region and harmonious
relations between the countries of the region;
(6) to work with the Government of Pakistan to prevent any
Pakistani territory from being used as a base or conduit for
terrorist attacks in Pakistan, Afghanistan, India, or elsewhere
in the world;
(7) to work in close cooperation with the Government of
Pakistan to coordinate military, paramilitary, and police
action against terrorist targets;
(8) to work with the Government of Pakistan to help bring
peace, stability, and development to all regions of Pakistan,
especially those in the Pakistan-Afghanistan border areas,
including support for an effective counterinsurgency strategy;
(9) to expand people-to-people engagement between the
United States and Pakistan, through increased educational,
technical, and cultural exchanges and other methods;
(10) to encourage and promote public-private partnerships
in Pakistan in order to bolster ongoing development efforts and
strengthen economic prospects, especially with respect to
opportunities to build civic responsibility and professional
skills of the people of Pakistan; and
(11) to encourage the development of local analytical
capacity to measure progress on an integrated basis across the
areas of donor country expenditure in Pakistan, and better hold
the Government of Pakistan accountable for how the funds are
being spent.
SEC. 5. AUTHORIZATION OF FUNDS.
(a) Authorization.--There are authorized to be appropriated to the
President, for the purposes of providing assistance to Pakistan under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the
following amounts:
(1) For fiscal year 2009, up to $1,500,000,000.
(2) For fiscal year 2010, up to $1,500,000,000.
(3) For fiscal year 2011, up to $1,500,000,000.
(4) For fiscal year 2012, up to $1,500,000,000.
(5) For fiscal year 2013, up to $1,500,000,000.
(b) Availability of Funds.--
(1) In general.--Of the funds appropriated in each fiscal
year pursuant to the authorization of appropriations in
subsection (a)--
(A) none of the amounts appropriated may be made
available after the date of the enactment of this Act
for assistance to Pakistan unless the Pakistan
Assistance Strategy Report has been submitted to the
appropriate congressional committees in accordance with
subsection (j); and
(B) not more than $750,000,000 may be made
available for assistance to Pakistan in any fiscal year
after 2009 unless the President's Special
Representative to Afghanistan and Pakistan submits to
the appropriate congressional committees during that
fiscal year--
(i) a certification that assistance
provided to Pakistan under this Act to date has
made or is making substantial progress toward
achieving the principal objectives of United
States assistance to Pakistan contained in the
Pakistan Assistance Strategy Report pursuant to
subsection (j)(1); and
(ii) a memorandum explaining the reasons
justifying the certification described in
clause (i).
(2) Maker of certification.--In the event of a vacancy in,
or the termination of, the position of the President's Special
Representative to Afghanistan and Pakistan, the certification
described under paragraph (1)(B) may be made by the Secretary
of State.
(c) Waiver.--The Secretary of State may waive the limitations in
subsection (b) if the Secretary determines, and certifies to the
appropriate congressional committees, that it is in the national
security interests of the United States to provide such waiver.
(d) Sense of Congress on Foreign Assistance Funds.--It is the sense
of Congress that, subject to an improving political and economic
climate in Pakistan, there should be authorized to be appropriated up
to $1,500,000,000 per year for fiscal years 2014 through 2018 for the
purpose of providing assistance to Pakistan under the Foreign
Assistance Act of 1961.
(e) Sense of Congress on Security-related Assistance.--It is the
sense of Congress that security-related assistance to the Government of
Pakistan--
(1) should be provided in close coordination with the
Government of Pakistan, designed to improve the Government's
capabilities in areas of mutual concern, and maintained at a
level that will bring significant gains in pursuing the
policies set forth in paragraphs (6), (7), and (8) of section
4; and
(2) should be geared primarily toward bolstering the
counter-insurgency capabilities of the Government to
effectively defeat the Taliban-backed insurgency and deny
popular support to al Qaeda and other foreign terrorist
organizations that are based in Pakistan.
(f) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be used for projects intended to benefit the people
of Pakistan, including projects that promote--
(A) just and democratic governance, including--
(i) police reform, equipping, and training;
(ii) independent, efficient, and effective
judicial systems;
(iii) political pluralism, equality, and
the rule of law;
(iv) respect for human and civil rights and
the promotion of an independent media;
(v) transparency and accountability of all
branches of government and judicial
proceedings;
(vi) anticorruption efforts among
bureaucrats, elected officials, and public
servants at all levels of military and civilian
government administration;
(vii) countering the narcotics trade; and
(viii) the implementation of legal and
political reforms in the FATA;
(B) economic freedom, including--
(i) sustainable economic growth, including
in rural areas, and the sustainable management
of natural resources;
(ii) investments in energy and water,
including energy generation and cross-border
infrastructure projects with Afghanistan;
(iii) employment generation, including
essential basic infrastructure projects such as
roads and irrigation projects and other
physical infrastructure; and
(iv) worker rights, including the right to
form labor unions and legally enforce
provisions safeguarding the rights of workers
and local community stakeholders;
(C) investments in people, particularly women and
children, including--
(i) broad-based public primary and
secondary education and vocational training for
both boys and girls;
(ii) food security and agricultural
development to ensure food staples and other
crops that provide economic growth and income
opportunities in times of severe shortage;
(iii) quality public health, including
medical clinics with well trained staff serving
rural and urban communities;
(iv) vocational training for women and
access to microfinance for small business
establishment and income generation for women;
and
(v) higher education to ensure a breadth
and consistency of Pakistani graduates to
prepare citizens to help strengthen the
foundation for improved governance and economic
vitality, including through public-private
partnerships; and
(D) long-term development in regions of Pakistan
where internal conflict has caused large-scale
displacement.
(2) Funding for police reform, equipping, and training.--Up
to $100,000,000 of the funds appropriated pursuant to
subsection (a) should be used for police reform, equipping, and
training.
(g) Preference for Building Local Capacity.--The President is
encouraged, as appropriate, to utilize Pakistani firms and community
and local nongovernmental organizations in Pakistan, including through
host country contacts, and to work with local leaders to provide
assistance under this section.
(h) Authority To Use Funds for Operational and Audit Expenses.--
(1) In general.--Of the amounts appropriated for a fiscal
year pursuant to subsection (a)--
(A) up to $10,000,000 may be used for
administrative expenses of Federal departments and
agencies in connection with the provision of assistance
authorized by this section;
(B) up to $30,000,000 may be made available to the
Inspectors General of the Department of State, the
United States Agency for International Development, and
other relevant Executive branch agencies in order to
provide audits and program reviews of projects funded
pursuant to this section; and
(C) up to $5,000,000 may be used by the Secretary
to establish a Chief of Mission Fund for use by the
Chief of Mission in Pakistan to provide assistance to
Pakistan under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) to address urgent needs or
opportunities, consistent with the purposes outlined in
subsection (f) or for purposes of humanitarian relief.
(2) Authority in addition to existing amounts.--The amounts
authorized under subparagraphs (A) and (B) of paragraph (1) to
be used for the purposes described in such subparagraphs are in
addition to other amounts that are available for such purposes.
(i) Use of Funds.--Amounts appropriated or otherwise made available
to carry out this section shall be utilized to the maximum extent
possible as direct expenditures for projects and programs, subject to
existing reporting and notification requirements.
(j) Pakistan Assistance Strategy Report.--Not later than 45 days
after the date of enactment of this Act, or September 15, 2009,
whichever date comes later, the Secretary of State shall submit to the
appropriate congressional committees a report describing United States
policy and strategy with respect to assistance to Pakistan. The report
shall include--
(1) a description of the principal objectives of United
States assistance to Pakistan to be provided under this Act;
(2) the amounts of funds authorized to be appropriated
under subsection (a) proposed to be allocated to programs or
projects designed to achieve each of the purposes of assistance
listed in subsection (f);
(3) a description of the specific projects and programs for
which amounts authorized to be appropriated pursuant to
subsection (a) are proposed to be allocated;
(4) a list of criteria and benchmarks to be used to measure
the effectiveness of projects described under subsection (f),
including a systematic, qualitative, and where possible,
quantitative basis for assessing whether desired outcomes are
achieved and a timeline for completion of each project and
program;
(5) a description of the role to be played by Pakistani
national, regional, and local officials and members of
Pakistani civil society and local private sector, civic,
religious, and tribal leaders in helping to identify and
implement programs and projects for which assistance is to be
provided under this Act, and of consultations with such
representatives in developing the strategy;
(6) a description of all amounts made available for
assistance to Pakistan during fiscal year 2009 prior to
submission of the report, including a description of each
project or program for which funds were made available and the
amounts allocated to each such program or project;
(7) a description of the steps taken, or to be taken, to
ensure assistance provided under this Act is not awarded to
individuals or entities affiliated with terrorist
organizations; and
(8) a projection of the levels of assistance to be provided
to Pakistan under this Act, broken down into the following
categories as described in the annual ``Report on the Criteria
and Methodology for Determining the Eligibility of Candidate
Countries for Millennium Challenge Account Assistance'':
(A) Civil liberties.
(B) Political rights.
(C) Voice and accountability.
(D) Government effectiveness.
(E) Rule of law.
(F) Control of corruption.
(G) Immunization rates.
(H) Public expenditure on health.
(I) Girls' primary education completion rate.
(J) Public expenditure on primary education.
(K) Natural resource management.
(L) Business start-up.
(M) Land rights and access.
(N) Trade policy.
(O) Regulatory quality.
(P) Inflation control.
(Q) Fiscal policy.
(k) Notification Requirements.--
(1) Notice of assistance for budget support.--The President
shall notify the appropriate congressional committees not later
than 15 days before obligating any assistance under this
section as budgetary support to the Government of Pakistan or
any element of such Government and shall describe the purpose
and conditions attached to any such budgetary support.
(2) Semiannual report.--Not later than 90 days after the
submission of the Pakistan Assistance Strategy Report pursuant
to subsection (j), and every 180 days thereafter, the Secretary
of State shall submit a report to the appropriate congressional
committees that describes the assistance provided under this
section. The report shall include--
(A) a description of all assistance provided
pursuant to this Act since the submission of the last
report, including each program or project for which
assistance was provided and the amount of assistance
provided for each program or project;
(B) a description of all assistance provided
pursuant to this Act, including--
(i) the total amount of assistance provided
for each of the purposes described in
subsection (f); and
(ii) the total amount of assistance
allocated to programs or projects in each
region in Pakistan;
(C) a list of persons or entities from the United
States or other countries that have received funds in
excess of $100,000 to conduct projects under this
section during the period covered by the report, which
may be included in a classified annex, if necessary to
avoid a security risk, and a justification for the
classification;
(D) an assessment of the effectiveness of
assistance provided pursuant to this Act during the
period covered by the report in achieving desired
objectives and outcomes, measured on the basis of the
criteria contained in the Pakistan Assistant Strategy
Report pursuant to subsection (j)(4);
(E) a description of--
(i) the programs and projects for which
amounts appropriated pursuant to subsection (a)
are proposed to be allocated during the 180-day
period after the submission of the report;
(ii) the relationship of such programs and
projects to the purposes of assistance
described in subsection (f); and
(iii) the amounts proposed to be allocated
to each such program or project;
(F) a description of any shortfall in United States
financial, physical, technical, or human resources that
hinder the effective use and monitoring of such funds;
(G) a description of any negative impact, including
the absorptive capacity of the region for which the
resources are intended, of United States bilateral or
multilateral assistance and recommendations for
modification of funding, if any;
(H) any incidents or reports of waste, fraud, and
abuse of expenditures under this section;
(I) the amount of funds appropriated pursuant to
subsection (a) that were used during the reporting
period for administrative expenses or for audits and
program reviews pursuant to the authority under
subsection (h);
(J) a description of the expenditures made from any
Chief of Mission Fund established pursuant to
subsection (h)(3) during the period covered by the
report, the purposes for which such expenditures were
made, and a list of the recipients of any expenditures
from the Chief of Mission Fund in excess of $10,000;
and
(K) an accounting of assistance provided to
Pakistan under this Act, broken down into the
categories set forth in subsection (j)(8).
(l) Government Accountability Office Report.--Not later than one
year after the submission of the Pakistan Assistance Strategy Report
under subsection (j), and annually thereafter, the Comptroller General
of the United States shall submit to the appropriate congressional
committees a report that contains--
(1) a review of, and comments addressing, the Pakistan
Assistance Strategy Report; and
(2) recommendations relating to any additional actions the
Comptroller General believes could help improve the efficiency
and effectiveness of United States efforts to meet the
objectives of this Act.
(m) Sense of Congress on Funding of Priorities.--It is the sense of
Congress that, as a general principle, the Government of Pakistan
should allocate a greater portion of its budget to the recurrent costs
associated with education, health, and other priorities described in
this section.
(n) Consultation Requirement.--The President shall consult the
appropriate congressional committees on the strategy in subsection (j),
including criteria and benchmarks developed under paragraph (4) of such
subsection, not later than 15 days before obligating any assistance
under this section.
SEC. 6. LIMITATION ON CERTAIN ASSISTANCE.
(a) Limitation on Certain Military Assistance.--Beginning in fiscal
year 2010, no grant assistance to carry out section 23 of the Arms
Export Control Act (22 U.S.C. 2763) and no assistance under chapter 2
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et
seq.) may be provided to Pakistan in a fiscal year until the Secretary
of State makes the certification required under subsection (c).
(b) Limitation on Arms Transfers.--Beginning in fiscal year 2012,
no letter of offer to sell major defense equipment to Pakistan may be
issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.)
and no license to export major defense equipment to Pakistan may be
issued pursuant to such Act in a fiscal year until the Secretary of
State makes the certification required under subsection (c).
(c) Certification.--The certification required by this subsection
is a certification to the appropriate congressional committees by the
Secretary of State, after consultation with the Secretary of Defense
and the Director of National Intelligence, that the security forces of
Pakistan--
(1) are making concerted efforts to prevent al Qaeda and
associated terrorist groups, including Lashkar-e-Taiba and
Jaish-e-Mohammed, from operating in the territory of Pakistan;
(2) are making concerted efforts to prevent the Taliban and
associated militant groups from using the territory of Pakistan
as a sanctuary from which to launch attacks within Afghanistan;
and
(3) are not materially interfering in the political or
judicial processes of Pakistan.
(d) Waiver.--The Secretary of State may waive the limitations in
subsections (a) and (b) if the Secretary determines it is important to
the national security interests of the United States to provide such
waiver.
(e) Prior Notice of Waiver.--A waiver pursuant to subsection (d)
may not be exercised until 15 days after the Secretary of State
provides to the appropriate congressional committees written notice of
the intent to issue such waiver and the reasons therefor. The notice
may be submitted in classified or unclassified form, as necessary.
(f) Annual Report.--The Secretary of State, after consultation with
the Secretary of Defense and the Director of National Intelligence,
shall submit to the appropriate congressional committees an annual
report on the progress of the security forces of Pakistan in satisfying
the requirements enumerated in subsection (c). The Secretary of State
shall establish detailed, specific requirements and metrics for
evaluating the progress in satisfying these requirements and apply
these requirements and metrics consistently in each annual report. This
report may be submitted in classified or unclassified form, as
necessary.
SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.
It is the sense of Congress that--
(1) Coalition Support Funds are critical components of the
global fight against terrorism, and in Pakistan provide
essential support for--
(A) military operations of the Government of
Pakistan to destroy the terrorist threat and close the
terrorist safe haven, known or suspected, in the FATA,
the NWFP, and other regions of Pakistan; and
(B) military operations of the Government of
Pakistan to protect United States and allied logistic
operations in support of Operation Enduring Freedom in
Afghanistan;
(2) despite the broad discretion Congress granted the
Secretary of Defense in terms of managing Coalition Support
Funds, the Pakistan reimbursement claims process for Coalition
Support Funds requires increased oversight and accountability,
consistent with the conclusions of the June 2008 report of the
United States Government Accountability Office (GAO-08-806);
(3) in order to ensure that this significant United States
effort in support of countering terrorism in Pakistan
effectively ensures the intended use of Coalition Support
Funds, and to avoid redundancy in other security assistance
programs, such as Foreign Military Financing and Foreign
Military Sales, more specific guidance should be generated, and
accountability delineated, for officials associated with
oversight of this program within the United States Embassy in
Pakistan, the United States Central Command, the Department of
Defense, the Department of State, and the Office of Management
and Budget; and
(4) the Secretary of Defense should submit to the
appropriate congressional committees and the Committees on
Armed Services of the Senate and the House of Representatives a
semiannual report on the use of Coalition Support Funds, which
may be submitted in classified or unclassified form as
necessary.
SEC. 8. PAKISTAN-AFGHANISTAN BORDER AREAS STRATEGY.
(a) Development of Comprehensive Strategy.--The Secretary of State,
in consultation with the Secretary of Defense, the Director of National
Intelligence, and such other government officials as may be
appropriate, shall develop a comprehensive, cross-border strategy that
includes all elements of national power--diplomatic, military,
intelligence, development assistance, humanitarian, law enforcement
support, and strategic communications and information technology--for
working with the Government of Pakistan, the Government of Afghanistan,
NATO, and other like-minded allies to best implement effective
counterterrorism and counterinsurgency measurers in and near the
Pakistan-Afghanistan border areas.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a detailed description of a comprehensive
strategy for counterterrorism and counterinsurgency in the Pakistan-
Afghanistan border areas containing the elements specified in
subsection (a) and proposed timelines and budgets for implementing the
strategy.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) recognize the bold political steps the Pakistan
electorate has taken during a time of heightened sensitivity
and tension in 2007 and 2008 to elect a new civilian
government, as well as the continued quest for good governance
and the rule of law under the elected government in 2008 and
2009;
(2) seize this strategic opportunity in the interests of
Pakistan as well as in the national security interests of the
United States to expand its engagement with the Government and
people of Pakistan in areas of particular interest and
importance to the people of Pakistan;
(3) continue to build a responsible and reciprocal security
relationship taking into account the national security
interests of the United States as well as regional and national
dynamics in Pakistan to further strengthen and enable the
position of Pakistan as a major non-NATO ally;
(4) seek ways to strengthen our countries' mutual
understanding and promote greater insight and knowledge of each
other's social, cultural and historical diversity through
personnel exchanges and support for the establishment of
institutions of higher learning with international
accreditation; and
(5) explore means to consult with and utilize the relevant
expertise and skills of the Pakistani-American community.
SEC. 10. TERM OF YEARS.
With the exception of subsections (b)(1)(B), (j), (k), and (l) of
section 5, this Act shall remain in force after September 30, 2013.
Passed the Senate June 24, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 962
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2009 through 2013 to
promote an enhanced strategic partnership with Pakistan and its people,
and for other purposes.