[Congressional Record Volume 147, Number 132 (Thursday, October 4, 2001)]
[Senate]
[Pages S10339-S10340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PROVIDING ASSISTANCE TO PAKISTAN AND INDIA

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to immediate consideration of Calendar No. 180, S. 1465.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1465) to authorize the President to provide 
     assistance to Pakistan and India through September 30, 2003.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment and an amendment to the title.
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     SECTION. 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT 
                   PROHIBITIONS WITH RESPECT TO PAKISTAN.

       (a) Fiscal Year 2002 and Prior Fiscal Years.--
       (1) Exemptions.--Any provision of the foreign operations, 
     export financing, and related programs appropriations Act for 
     fiscal year 2002, or any provision of such Act for a prior 
     fiscal year, that prohibits direct assistance to a country 
     whose duly elected head of government was deposed by decree 
     or military coup shall not apply with respect to Pakistan.
       (2) Prior consultation required.--Not less than 5 days 
     prior to the obligation of funds for Pakistan under paragraph 
     (1), the President shall consult with the appropriate 
     congressional committees with respect to such obligation.
       (b) Fiscal Year 2003.--
       (1) Waiver.--The President is authorized to waive, with 
     respect to Pakistan, any provision of the foreign operations, 
     export financing, and related programs appropriations Act for 
     fiscal year 2003 that prohibits direct assistance to a 
     country whose duly elected head of government was deposed by 
     decree or military coup, if the President determines and 
     certifies to the appropriate congressional committees that 
     such waiver--
       (A) would facilitate the transition to democratic rule in 
     Pakistan; and
       (B) is important to United States efforts to respond to, 
     deter, or prevent acts of international terrorism.
       (2) Prior consultation required.--Not less than 5 days 
     prior to the exercise of the waiver authority under paragraph 
     (1), the President shall consult with the appropriate 
     congressional committees with respect to such waiver.

     SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER 
                   AUTHORITY OF MTCR AND EXPORT ADMINISTRATION ACT 
                   SANCTIONS WITH RESPECT TO PAKISTAN.

       Any waiver under 73(e) of the Arms Export Control Act (22 
     U.S.C. 2797b(e)), or under section 11B(b)(5) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or 
     successor statute), with respect to a sanction that was 
     imposed on foreign persons in Pakistan prior to January 1, 
     2001, may be exercised--
       (1) only after consultation with the appropriate 
     congressional committees; and
       (2) without regard to the notification periods set forth in 
     the respective section authorizing the waiver.

     SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE 
                   PROHIBITIONS RELATING TO FOREIGN COUNTRY LOAN 
                   DEFAULTS.

       The following provisions of law shall not apply with 
     respect to Pakistan:
       (1) Section 620(q) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2370(q)).
       (2) Such provision of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2002, as 
     is comparable to section 512 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2001 (Public Law 106-429; 114 Stat. 1900A-25).

     SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR DRAWDOWNS 
                   AND TRANSFER OF EXCESS DEFENSE ARTICLES TO 
                   RESPOND TO, DETER, OR PREVENT ACTS OF 
                   INTERNATIONAL TERRORISM.

       (a) Drawdowns.--Notwithstanding the second sentence of 
     section 506(b)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(b)(1)), each notification under that section with 
     respect to any drawdown authorized by subclause (III) of 
     subsection (a)(2)(A)(i) that the President determines is 
     important to United States efforts to respond to, deter, or 
     prevent acts of international terrorism shall be made at 
     least 5 days in advance of the drawdown in lieu of the 15-day 
     requirement in that section.
       (b) Transfers of Excess Defense Articles.--Notwithstanding 
     section 516(f)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(f)(1)), each notification under that section 
     with respect to any transfer of an excess defense article 
     that the President determines is important to United States 
     efforts to respond to, deter, or prevent acts of 
     international terrorism shall be made at least 15 days in 
     advance of the transfer in lieu of the 30-day requirement in 
     that section.

     SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this Act, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 6. TERMINATION DATE.

       Except as otherwise provided in section 1 or 3, the 
     provisions of this Act shall terminate on October 1, 2003.
       Amend the title so as to read: ``A bill to authorize the 
     President to exercise waivers of foreign assistance 
     restrictions with respect to Pakistan through September 30, 
     2003, and for other purposes.''.

  Mr. BIDEN. Mr. President, I am pleased that the Senate is considering 
this legislation, which was reported by the Committee on Foreign 
Relations earlier today. The bill addresses an urgent priority in the 
fight against terrorism by clearing the way for U.S. assistance to 
Pakistan. After the attacks of September 11, we asked the world to 
choose sides. Pakistan has chosen to stand with the United States.
  We need to assist this important front-line state. The President has 
already done so by committing $100 million in economic assistance to 
Pakistan under the extraordinary authority of Section 614 of the 
Foreign Assistance Act. But to provide additional assistance requires 
Congress to amend several laws restricting such assistance. The bill 
before the Senate therefore provides the following authority.

[[Page S10340]]

  First, the bill waives, for Fiscal Year 2002, the restriction in law 
against assistance to countries where a democratic government has been 
overthrown by military coup. The President may waive the restriction in 
Fiscal Year 2003, but only if he determines that doing so would 
facilitate the transition to democratic rule in Pakistan and if it is 
important to the fight against terrorism. As we all know, there was a 
military coup in Pakistan in 1999. The current government has pledged 
to hold elections next fall. This provision keeps the focus on the U.S. 
policy objective that elections should be held in Pakistan.
  Second, the bill permits an expeditious waiver of sanctions imposed 
last fall against the Pakistani Ministry of Defense for violations of 
the Missile Technology Control Regime. Current law permits the 
President to waive these sanctions if it is essential to the national 
security. But he is required to notify Congress 45 working days before 
doing so. The bill allows the President to exercise the waiver without 
waiting those nine weeks.
  Third, the bill waives provisions of law which restrict assistance to 
nations in arrears on their payments of official debt to the United 
States. The United States just rescheduled some of Pakistan's debt, but 
that rescheduling does not take effect for several weeks, so this 
provision allows assistance to flow to Pakistan in the meantime.
  Finally, the bill provides additional flexibility in providing 
emergency military assistance to any country assisting us in the 
campaign against terrorism by reducing, but not eliminating, the 
notification periods for these authorities for two years.
  The bill makes no other changes to current law. Rather than provide 
broad waiver authority to override the significant structure of laws we 
have enacted in recent decades, as the State Department asked, we have 
narrowly tailored the legislation to address the specific provisions of 
law that were obstacles to helping Pakistan. In so doing, we are not 
foregoing any of the important policy objectives we have in Pakistan, 
particularly our non-proliferation objectives.
  I should emphasize that this provision has broad support. It was 
negotiated on a bipartisan basis within the Committee on Foreign 
Relations, and with the Chairman and Ranking Member of the Foreign 
Operations Subcommittee, Senator Leahy and Senator McConnell. Because 
of the urgency of trying to get this legislation to the President, we 
have agreed to ``double-track'' the bill. We will move it free-standing 
today, and the Appropriations Committee will incorporate it into the 
foreign operations appropriations bill when that is considered in the 
Senate.
  Mr. President, as we have since September 11, we stand united in 
support of the President. We stand ready to assist the Administration 
in the campaign against terrorism. I hope my colleagues will support 
this legislation.
  Mr. REID. I ask unanimous consent that the committee amendment be 
agreed to, the bill be read a third time and passed, the title 
amendment be agreed to, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1465), as amended, was read the third time and passed.
  The title amendment was agreed to.

                          ____________________