[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.