[Congressional Record Volume 155, Number 139 (Wednesday, September 30, 2009)]
[House]
[Pages H10108-H10121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 2009

  Mr. BERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 1707) to authorize appropriations for fiscal years 2010 
through 2014 to promote an enhanced strategic partnership with Pakistan 
and its people, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1707

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Enhanced 
     Partnership with Pakistan Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of principles.

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

Sec. 101. Authorization of assistance.
Sec. 102. Authorization of appropriations.
Sec. 103. Auditing.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Purposes of assistance.
Sec. 202. Authorization of assistance.
Sec. 203. Limitations on certain assistance.
Sec. 204. Pakistan Counterinsurgency Capability Fund.
Sec. 205. Requirements for civilian control of certain assistance.

 TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS

Sec. 301. Strategy Reports.
Sec. 302. Monitoring Reports.

     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 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) Frontier crimes regulation.--The term ``Frontier Crimes 
     Regulation'' means the Frontier Crimes Regulation, codified 
     under British law in 1901, and applicable to the FATA.
       (6) 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.
       (7) Major defense equipment.--The term ``major defense 
     equipment'' has the meaning given the term in section 47(6) 
     of the Arms Export Control Act (22 U.S.C. 2794(6)).
       (8) NWFP.--The term ``NWFP'' means the North West Frontier 
     Province of Pakistan, which has Peshawar as its provincial 
     capital.
       (9) 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.
       (10) 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.
       (11) Security-related assistance.--The term ``security-
     related assistance''--
       (A) means--
       (i) grant assistance to carry out section 23 of the Arms 
     Export Control Act (22 U.S.C. 2763); and
       (ii) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et. seq); but
       (B) does not include--
       (i) assistance authorized to be appropriated or otherwise 
     made available under any provision of law that is funded from 
     accounts within budget function 050 (National Defense); and
       (ii) amounts appropriated or otherwise available to the 
     Pakistan Counterinsurgency Capability Fund established under 
     the Supplemental Appropriations Act, 2009 (Public Law 111-
     32).

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) The people of the Islamic Republic of Pakistan and the 
     United States share a long history of friendship and comity, 
     and the interests of both nations are well-served by 
     strengthening and deepening this friendship.
       (2) Since 2001, the United States has contributed more than 
     $15,000,000,000 to Pakistan, of which more than 
     $10,000,000,000 has been security-related assistance and 
     direct payments.
       (3) With the free and fair election of February 18, 2008, 
     Pakistan returned to civilian rule, reversing years of 
     political tension and mounting popular concern over military 
     rule and Pakistan's own democratic reform and political 
     development.
       (4) 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.
       (5) 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 seven years.
       (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--the FATA, parts of the NWFP, Quetta in 
     Balochistan, and Muridke in Punjab remain a sanctuary for al 
     Qaeda, the Afghan Taliban, the Terikh-e Taliban and 
     affiliated groups from which these groups organize terrorist 
     actions against Pakistan and other countries.
       (7) The security forces of Pakistan have struggled to 
     contain a Taliban-backed insurgency, recently taking direct 
     action against those who threaten Pakistan's security and 
     stability, including military operations in the FATA and the 
     NWFP.
       (8) On March 27, 2009, President Obama noted, ``Multiple 
     intelligence estimates have warned that al Qaeda is actively 
     planning attacks on the United States homeland from its safe-
     haven in Pakistan.''.
       (9) According to a Government Accountability Office report 
     (GAO-08-622), ``since 2003, the [A]dministration'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).
       (10) During 2008 and 2009, the people of Pakistan have been 
     especially hard hit by rising food and commodity prices and 
     severe energy shortages, with \2/3\ of the population living 
     on less than $2 a day and \1/5\ of the population living 
     below the poverty line according to the United Nations 
     Development Program.
       (11) Economic growth is a fundamental foundation for human 
     security and national stability in Pakistan, a country with 
     more than 175,000,000 people, an annual population growth 
     rate of two percent, and a ranking of 136 out of 177 
     countries in the United Nations Human Development Index.
       (12) The 2009 Pakistani military offensive in the NWFP and 
     the FATA displaced millions of residents in one of the 
     gravest humanitarian crises Pakistan has faced, and despite 
     the heroic efforts of Pakistanis to respond to the needs of 
     the displaced millions and facilitate the return of many, it 
     has highlighted the need for Pakistan to develop an effective 
     national counterinsurgency strategy.

     SEC. 4. STATEMENT 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 economic development 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.
       (3) The United States requires a balanced, integrated, 
     countrywide strategy for Pakistan that provides assistance 
     throughout the country and does not disproportionately focus 
     on security-related assistance or one particular area or 
     province.
       (4) The United States supports Pakistan's struggle against 
     extremist elements and recognizes the profound sacrifice made 
     by Pakistan in the fight against terrorism, including

[[Page H10109]]

     the loss of more than 1,900 soldiers and police since 2001 in 
     combat with al Qaeda, the Taliban, and other extremist and 
     terrorist groups.
       (5) 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, 
     including 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 sustainable long-term development and 
     infrastructure projects, including in healthcare, education, 
     water management, and energy programs, in all areas of 
     Pakistan, that are sustained and supported by each successive 
     democratic government in Pakistan;
       (D) to ensure that all the people of Pakistan, including 
     those living in areas governed by the Frontier Crimes 
     Regulation, 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;
       (E) to support the strengthening of core curricula and the 
     quality of schools across Pakistan, including madrassas, in 
     order to improve the prospects for Pakistani children's 
     futures and eliminate incitements to violence and 
     intolerance;
       (F) 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, including support for 
     institutions of higher learning with international 
     accreditation;
       (G) to expand people-to-people engagement between the two 
     countries, through increased educational, technical, and 
     cultural exchanges and other methods;
       (H) to encourage the development of local analytical 
     capacity to measure program effectiveness and progress on an 
     integrated basis, especially across the areas of United 
     States assistance and payments to Pakistan, and increase 
     accountability for how such assistance and payments are being 
     spent;
       (I) to assist Pakistan's efforts to improve 
     counterterrorism financing and anti-money laundering 
     regulatory structure in order to achieve international 
     standards and encourage Pakistan to apply for ``Financial 
     Action Task Force'' observer status and adhere to the United 
     Nations International Convention for the Suppression of the 
     Financing of Terrorism;
       (J) to strengthen Pakistan's counterinsurgency and 
     counterterrorism strategy to help prevent any territory of 
     Pakistan from being used as a base or conduit for terrorist 
     attacks in Pakistan or elsewhere;
       (K) to strengthen Pakistan's efforts to develop strong and 
     effective law enforcement and national defense forces under 
     civilian leadership;
       (L) to achieve full cooperation in matters of counter-
     proliferation of nuclear materials and related networks;
       (M) to strengthen Pakistan's efforts to gain control of its 
     under-governed areas and address the threat posed by any 
     person or group that conducts violence, sabotage, or other 
     terrorist activities in Pakistan or its neighboring 
     countries; and
       (N) to explore means to consult with and utilize the 
     relevant expertise and skills of the Pakistani-American 
     community.

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

     SEC. 101. AUTHORIZATION OF ASSISTANCE.

       (a) In General.--The President is authorized to provide 
     assistance to Pakistan--
       (1) to support the consolidation of democratic 
     institutions;
       (2) to support the expansion of rule of law, build the 
     capacity of government institutions, and promote respect for 
     internationally-recognized human rights;
       (3) to promote economic freedoms and sustainable economic 
     development;
       (4) to support investment in people, including those 
     displaced in on-going counterinsurgency operations; and
       (5) to strengthen public diplomacy.
       (b) Activities Supported.--Activities that may be supported 
     by assistance under subsection (a) include the following:
       (1) To support democratic institutions in Pakistan in order 
     to strengthen civilian rule and long-term stability, 
     including assistance such as--
       (A) support for efforts to strengthen Pakistan's 
     institutions, including the capacity of the National 
     Parliament of Pakistan, such as enhancing the capacity of 
     committees to oversee government activities, including 
     national security issues, enhancing the ability of members of 
     parliament to respond to constituents, and supporting of 
     parliamentary leadership;
       (B) support for voter education and civil society training 
     as well as appropriate support for political party capacity 
     building and responsiveness to the needs of all the people of 
     Pakistan; and
       (C) support for strengthening the capacity of the civilian 
     Government of Pakistan to carry out its responsibilities at 
     the national, provincial, and local levels.
       (2) To support Pakistan's efforts to expand rule of law, 
     build the capacity, transparency, and trust in government 
     institutions, and promote internationally recognized human 
     rights, including assistance such as--
       (A) supporting the establishment of frameworks that promote 
     government transparency and criminalize corruption in both 
     the government and private sector;
       (B) support for police professionalization, including 
     training regarding use of force, human rights, and community 
     policing;
       (C) support for independent, efficient, and effective 
     judicial and criminal justice systems, such as case 
     management, training, and efforts to enhance the rule of law 
     to all areas in Pakistan;
       (D) support for the implementation of legal and political 
     reforms in the FATA;
       (E) support to counter the narcotics trade;
       (F) support for internationally recognized human rights, 
     including strengthening civil society and nongovernmental 
     organizations working in the area of internationally 
     recognized human rights, as well as organizations that focus 
     on protection of women and girls, promotion of freedom of 
     religion and religious tolerance, and protection of ethnic or 
     religious minorities; and
       (G) support for promotion of a responsible, capable, and 
     independent media.
       (3) To support economic freedom and economic development in 
     Pakistan, including--
       (A) programs that support sustainable economic growth, 
     including in rural areas, and the sustainable management of 
     natural resources through investments in water resource 
     management systems;
       (B) expansion of agricultural and rural development, such 
     as farm-to-market roads, systems to prevent spoilage and 
     waste, and other small-scale infrastructure improvements;
       (C) investments in energy, including energy generation and 
     cross-border infrastructure projects with Afghanistan;
       (D) employment generation, including increasing investment 
     in infrastructure projects, including construction of roads 
     and the continued development of a national aviation industry 
     and aviation infrastructure, as well as support for small and 
     medium enterprises;
       (E) worker rights, including the right to form labor unions 
     and legally enforce provisions safeguarding the rights of 
     workers and local community stakeholders;
       (F) access to microfinance for small business establishment 
     and income generation, particularly for women; and
       (G) countering radicalization by providing economic, 
     social, educational, and vocational opportunities and life-
     skills training to at-risk youth.
       (4) To support investments in people, particularly women 
     and children, including--
       (A) promoting modern, public primary and secondary 
     education and vocational and technical training, including 
     programs to assist in the development of modern, nationwide 
     school curriculums for public, private, and religious 
     schools; support for the proper oversight of all educational 
     institutions, including religious schools, as required by 
     Pakistani law; initiatives to enhance access to education and 
     vocational and technical training for women and girls and to 
     increase women's literacy, with a special emphasis on helping 
     girls stay in school; and construction and maintenance of 
     libraries and public schools;
       (B) programs relating to higher education to ensure a 
     breadth and consistency of Pakistani graduates, including 
     through public-private partnerships;
       (C) improving quality public health to eliminate diseases 
     such as hepatitis and to reduce maternal and under-five 
     mortality rates;
       (D) building capacity for nongovernmental and civil society 
     organizations, particularly organizations with demonstrated 
     experience in delivering services to the people of Pakistan, 
     particularly to women, children, and other vulnerable 
     populations; and
       (E) support for refugees and internally displaced persons 
     and long-term development in regions of Pakistan where 
     internal conflict has caused large-scale displacement.
       (5) To strengthen public diplomacy to combat militant 
     extremism and promote a better understanding of the United 
     States, including--
       (A) encouraging civil society, respected scholars, and 
     other leaders to speak out against militancy and violence; 
     and
       (B) 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 and expand 
     sister institution programs between United States and 
     Pakistani schools and universities.
       (c) Additional and Related Activities.--
       (1) Availability of amounts for pakistani police 
     professionalization, equipping, and training.--Not less than 
     $150,000,000 of the amounts appropriated for fiscal year 2010 
     pursuant to the authorization of appropriations under section 
     102 should be made available for assistance to Pakistan under 
     this section for police professionalization, equipping, and 
     training.
       (2) Availability of amounts for administrative expenses.--
     Up to $10,000,000 of the amounts appropriated for each fiscal 
     year

[[Page H10110]]

     pursuant to the authorization of appropriations under section 
     102 may be made available for administrative expenses of 
     civilian departments and agencies of the United States 
     Government in connection with the provision of assistance 
     under this section. Such amounts shall be in addition to 
     amounts otherwise available for such purposes.
       (3) Utilizing pakistani organizations.--The President is 
     encouraged, as appropriate, to utilize Pakistani firms and 
     community and local nongovernmental organizations in 
     Pakistan, including through host country contracts, and to 
     work with local leaders to provide assistance under this 
     section.
       (4) Use of direct expenditures.--Amounts appropriated for 
     each fiscal year pursuant to the authorization of 
     appropriations under section 102 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.
       (5) Chief of mission fund.--Of the amounts appropriated for 
     each fiscal year pursuant to the authorization of 
     appropriations under section 102, up to $5,000,000 may be 
     used by the Secretary of State to establish a fund for use by 
     the Chief of Mission in Pakistan to provide assistance to 
     Pakistan under this title or the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151 et seq.) to address urgent needs or 
     opportunities, consistent with the purposes of this section, 
     or for purposes of humanitarian relief. The fund established 
     pursuant to this paragraph may be referred to as the ``Chief 
     of Mission Fund''.
       (6) Sense of congress.--It is the sense of Congress that--
       (A) the United States should provide robust assistance to 
     the people of Pakistan who have been displaced as a result of 
     ongoing conflict and violence in Pakistan and 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;
       (B) 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, health, 
     education, infrastructure development, and environmental 
     restoration in identified parts of the country where Afghan 
     refugees have lived; and
       (C) the United States should have a coordinated, strategic 
     communications strategy to engage the people of Pakistan and 
     to help ensure the success of the measures authorized by this 
     title.
       (d) Notification.--For fiscal years 2010 through 2014, 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 the Government of 
     Pakistan and shall include in such notification a description 
     of the purpose and conditions attached to any such budgetary 
     support.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the President, for the purposes of providing assistance to 
     Pakistan under this title and to provide assistance to 
     Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), up to $1,500,000,000 for each of the fiscal 
     years 2010 through 2014.
       (b) Availability of Funds.--
       (1) In general.--Of the amounts appropriated in each fiscal 
     year pursuant to the authorization of appropriations in 
     subsection (a)--
       (A) none of the amounts appropriated for assistance to 
     Pakistan may be made available after the date that is 60 days 
     after the date of the enactment of this Act unless the 
     Pakistan Assistance Strategy Report has been submitted to the 
     appropriate congressional committees pursuant to section 
     301(a); and
       (B) not more than $750,000,000 may be made available for 
     assistance to Pakistan unless the President's Special 
     Representative to Afghanistan and Pakistan submits to the 
     appropriate congressional committees during such fiscal 
     year--
       (i) a certification that assistance provided to Pakistan 
     under this title or the Foreign Assistance Act of 1961 to 
     date has made or is making reasonable progress toward 
     achieving the principal objectives of United States 
     assistance to Pakistan contained in the Pakistan Assistance 
     Strategy Report; 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 and memorandum 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 do so.
       (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 for each of the 
     fiscal years 2015 through 2019 for the purpose of providing 
     assistance to Pakistan under the Foreign Assistance Act of 
     1961.

     SEC. 103. AUDITING.

       (a) Assistance Authorized.--The Inspector General of the 
     Department of State, the Inspector General of the United 
     States Agency for International Development, and the 
     inspectors general of other Federal departments and agencies 
     (other than the Inspector General of the Department of 
     Defense) carrying out programs, projects, and activities 
     using amounts appropriated to carry out this title shall 
     audit, investigate, and oversee the obligation and 
     expenditure of such amounts.
       (b) Authorization 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, respectively, to carry out subsection 
     (a).
       (c) Authorization of Appropriations.--
       (1) In general.--Of the amounts authorized to be 
     appropriated under section 102 for each of the fiscal years 
     2010 through 2014, up to $30,000,000 for each fiscal year is 
     authorized to be made available 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.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

     SEC. 201. 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 in accordance with its national security interests;
       (2) to work with the Government of Pakistan to improve 
     Pakistan's border security and control and help 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 help strengthen the institutions of democratic 
     governance and promote control of military institutions by a 
     democratically elected civilian government.

     SEC. 202. AUTHORIZATION OF ASSISTANCE.

       (a) International Military Education and Training.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary for each of the fiscal years 
     2010 through 2014 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.--It is the sense of Congress that a 
     substantial amount of funds made available to carry out this 
     subsection for a fiscal year should be used to pay for 
     courses of study and training in counterinsurgency and civil-
     military relations.
       (b) Foreign Military Financing Program.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary for each of the fiscal years 
     2010 through 2014 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.--
       (A) In general.--A significant portion of the amount made 
     available to carry out this subsection for a fiscal year 
     shall be for the purchase of defense articles, defense 
     services, and military education and training for activities 
     relating to counterinsurgency and counterterrorism operations 
     in Pakistan.
       (B) Sense of congress.--It is the sense of Congress that a 
     significant majority of funds made available to carry out 
     this subsection for a fiscal year should be used for the 
     purpose described in subparagraph (A).
       (3) Additional authority.--Except as provided in sections 3 
     and 102 of the Arms Export Control Act, the second section 
     620J of the Foreign Assistance Act of 1961 (as added by 
     Public Law 110-161), and any provision of an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs that restricts assistance to 
     the government of any country whose duly elected head of 
     government is deposed by military coup or decree, and except 
     as otherwise provided in this title, amounts authorized to be 
     made available to carry out paragraph (2) for fiscal years 
     2010 and 2011 are authorized to be made available 
     notwithstanding any other provision of law.
       (4) 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 provide reconstruction assistance,

[[Page H10111]]

     including through Pakistan's military as appropriate, in 
     areas damaged by combat operations.
       (d) Exchange Program Between Military and Civilian 
     Personnel of Pakistan and Certain Other Countries.--
       (1) In general.--The Secretary of State is authorized to 
     establish an exchange program between--
       (A) military and civilian personnel of Pakistan; and
       (B)(i) military and civilian personnel of countries 
     determined by the Secretary of State to be in the process of 
     consolidating and strengthening a democratic form of 
     government; or
       (ii) military and civilian personnel of North Atlantic 
     Treaty Organization member countries,

     in order to foster greater mutual respect for and 
     understanding of the principle of civilian rule of the 
     military.

       (2) Elements of program.--The program authorized under 
     paragraph (1) may include conferences, seminars, exchanges, 
     and other events, distribution of publications and 
     reimbursements of expenses of foreign military personnel 
     participating in the program, including transportation, 
     translation and administrative expenses.
       (3) Role of nongovernmental organizations.--Amounts 
     authorized to be appropriated to carry out this section for a 
     fiscal year are authorized to be made available for 
     nongovernmental organizations to facilitate the 
     implementation of the program authorized under paragraph (1).
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2010 through 2014 to carry out the program 
     established by this subsection.

     SEC. 203. LIMITATIONS ON CERTAIN ASSISTANCE.

       (a) Limitation on Security-related Assistance.--For fiscal 
     years 2011 through 2014, no security-related assistance may 
     be provided to Pakistan in a fiscal year until the Secretary 
     of State, under the direction of the President, makes the 
     certification required under subsection (c) for such fiscal 
     year.
       (b) Limitation on Arms Transfers.--For fiscal years 2012 
     through 2014, 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, under the direction of the President, makes the 
     certification required under subsection (c) for such fiscal 
     year.
       (c) Certification.--The certification required by this 
     subsection is a certification by the Secretary of State, 
     under the direction of the President, to the appropriate 
     congressional committees that--
       (1) 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, such as providing relevant information 
     from or direct access to Pakistani nationals associated with 
     such networks;
       (2) the Government of Pakistan during the preceding fiscal 
     year has demonstrated a sustained commitment to and is making 
     significant efforts towards combating terrorist groups, 
     consistent with the purposes of assistance described in 
     section 201, including taking into account the extent to 
     which the Government of Pakistan has made progress on matters 
     such as--
       (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) preventing al Qaeda, the Taliban and associated 
     terrorist groups, such as Lashkar-e-Taiba and Jaish-e-
     Mohammed, from operating in the territory of Pakistan, 
     including carrying out cross-border attacks into neighboring 
     countries, 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; and
       (C) strengthening counterterrorism and anti-money 
     laundering laws; and
       (3) the security forces of Pakistan are not materially and 
     substantially subverting the political or judicial processes 
     of Pakistan.
       (d) Certain Payments.--
       (1) In general.--Subject to paragraph (2), none of the 
     funds appropriated for security-related assistance for fiscal 
     years 2010 through 2014, or any amounts appropriated to the 
     Pakistan Counterinsurgency Capability Fund established under 
     the Supplemental Appropriations Act, 2009 (Public Law 111-
     32), may be obligated or expended to make payments relating 
     to--
       (A) the Letter of Offer and Acceptance PK-D-YAD signed 
     between the Governments of the United States of America and 
     Pakistan on September 30, 2006;
       (B) the Letter of Offer and Acceptance PK-D-NAP signed 
     between the Governments of the United States of America and 
     Pakistan on September 30, 2006; and
       (C) the Letter of Offer and Acceptance PK-D-SAF signed 
     between the Governments of the United States of America and 
     Pakistan on September 30, 2006.
       (2) Exception.--Funds appropriated for security-related 
     assistance for fiscal years 2010 through 2014 may be used for 
     construction and related activities carried out pursuant to 
     the Letters of Offer and Acceptance described in paragraph 
     (1).
       (e) Waiver.--
       (1) In general.--The Secretary of State, under the 
     direction of the President, may waive the limitations 
     contained in subsections (a), (b), and (d) for a fiscal year 
     if the Secretary of State determines that is important to the 
     national security interests of the United States to do so.
       (2) Prior notice of waiver.--The Secretary of State, under 
     the direction of the President, may not exercise the 
     authority of paragraph (1) until 7 days after the Secretary 
     of State provides to the appropriate congressional committees 
     a written notice of the intent to issue to waiver and the 
     reasons therefor. The notice may be submitted in classified 
     or unclassified form, as necessary.
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Oversight and Government 
     Reform, and the Permanent Select Committee on Intelligence of 
     the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate.

     SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.

       (a) For Fiscal Year 2010.--
       (1) In general.--For fiscal year 2010, the Department of 
     State's Pakistan Counterinsurgency Capability Fund 
     established under the Supplemental Appropriations Act, 2009 
     (Public Law 111-32), hereinafter in this section referred to 
     as the ``Fund'', shall consist of the following:
       (A) Amounts appropriated to carry out this subsection 
     (which may not include any amounts appropriated to carry out 
     title I of this Act).
       (B) Amounts otherwise available to the Secretary of State 
     to carry out this subsection.
       (2) Purposes of fund.--Amounts in the Fund made available 
     to carry out this subsection for any fiscal year are 
     authorized to be used by the Secretary of State, with the 
     concurrence of the Secretary of Defense, to build and 
     maintain the counterinsurgency capability of Pakistan under 
     the same terms and conditions (except as otherwise provided 
     in this subsection) that are applicable to amounts made 
     available under the Fund for fiscal year 2009.
       (3) Transfer authority.--
       (A) In general.--The Secretary of State is authorized to 
     transfer amounts in the Fund made available to carry out this 
     subsection for any fiscal year to the Department of Defense's 
     Pakistan Counterinsurgency Fund established under the 
     Supplemental Appropriations Act, 2009 (Public Law 111-32) and 
     such amounts may be transferred back to the Fund if the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, determines that such amounts are not needed for the 
     purposes for which initially transferred.
       (B) Treatment of transferred funds.--Subject to subsections 
     (d) and (e) of section 203, transfers from the Fund under the 
     authority of subparagraph (A) shall be merged with and be 
     available for the same purposes and for the same time period 
     as amounts in the Department of Defense's Pakistan 
     Counterinsurgency Fund.
       (C) Relation to other authorities.--The authority to 
     provide assistance under this subsection is in addition to 
     any other authority to provide assistance to foreign 
     countries.
       (D) Notification.--The Secretary of State shall, not less 
     than 15 days prior to making transfers from the Fund under 
     subparagraph (A), notify the appropriate congressional 
     committees in writing of the details of any such transfer.
       (b) Submission of Notifications.--Any notification required 
     by this section may be submitted in classified or 
     unclassified form, as necessary.
       (c) 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.

     SEC. 205. REQUIREMENTS FOR CIVILIAN CONTROL OF CERTAIN 
                   ASSISTANCE.

       (a) Requirements.--
       (1) In general.--For fiscal years 2010 through 2014, any 
     direct cash security-related assistance or non-assistance 
     payments by the United States to the Government of Pakistan 
     may only be provided or made to civilian authorities of a 
     civilian government of Pakistan.
       (2) Documentation.--For fiscal years 2010 through 2014, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, shall ensure that civilian authorities of a civilian 
     government of Pakistan have received a copy of final 
     documentation provided to the United States related to non-
     assistance payments provided or made to the Government of 
     Pakistan.
       (b) Waiver.--

[[Page H10112]]

       (1) Security-related assistance.--The Secretary of State, 
     in consultation with the Secretary of Defense, may waive the 
     requirements of subsection (a) with respect to security-
     related assistance described in subsection (a) funded from 
     accounts within budget function 150 (International Affairs) 
     if the Secretary of State certifies to the appropriate 
     congressional committees that the waiver is important to the 
     national security interest of the United States.
       (2) Non-assistance payments.--The Secretary of Defense, in 
     consultation with the Secretary of State, may waive the 
     requirements of subsection (a) with respect to non-assistance 
     payments described in subsection (a) funded from accounts 
     within budget function 050 (National Defense) if the 
     Secretary of Defense certifies to the appropriate 
     congressional committees that the waiver is important to the 
     national security interest of the United States.
       (c) Application to Certain Activities.--Nothing in this 
     section shall apply with respect to--
       (1) any activities subject to reporting requirements under 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.);
       (2) any assistance to promote democratic elections or 
     public participation in democratic processes;
       (3) any assistance or payments if the Secretary of State 
     determines and certifies to the appropriate congressional 
     committees that subsequent to the termination of assistance 
     or payments a democratically elected government has taken 
     office;
       (4) any assistance or payments made pursuant to section 
     1208 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
     2086), as amended;
       (5) any payments made pursuant to the Acquisition and 
     Cross-Servicing Agreement between the Department of Defense 
     of the United States of America and the Ministry of Defense 
     of the Islamic Republic of Pakistan; and
       (6) any assistance or payments made pursuant to section 943 
     of the Duncan Hunter National Defense Authorization Act for 
     Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578).
       (d) Definitions.--In this section--
       (1) 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; and
       (2) the term ``civilian government of Pakistan'' does not 
     include any government of Pakistan whose duly elected head of 
     government is deposed by military coup or decree.

 TITLE III--STRATEGY, ACCOUNTABILITY, MONITORING, AND OTHER PROVISIONS

     SEC. 301. STRATEGY REPORTS.

       (a) Pakistan Assistance Strategy Report.--Not later than 45 
     days after the date of enactment of this Act, 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 under this 
     Act. The report shall include the following:
       (1) A description of the principal objectives of United 
     States assistance to Pakistan to be provided under title I of 
     this Act.
       (2) A general description of the specific programs, 
     projects, and activities designed to achieve the purposes of 
     section 101 and the respective funding levels for such 
     programs, projects, and activities for fiscal years 2010 
     through 2014.
       (3) A plan for program monitoring, operations research, and 
     impact evaluation research for assistance authorized under 
     title I of this Act.
       (4) 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.
       (5) 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.
       (6) 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.
       (7) An analysis for the suitable replacement for existing 
     Pakistani helicopters, including recommendations for 
     sustainment and training.
       (b) Comprehensive Regional Strategy Report.--
       (1) 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.
       (2) Comprehensive regional security strategy.--The 
     President shall develop a comprehensive interagency 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, the NWFP, parts 
     of Balochistan, and parts of Punjab.
       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the 
     comprehensive regional security strategy required under 
     paragraph (2).
       (B) 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.
       (C) Appropriate congressional committees defined.--In this 
     paragraph, the term ``appropriate congressional committees'' 
     means--
       (i) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (ii) the Committee on Appropriations, the Committee on 
     Armed Services, the Committee on Foreign Relations, and the 
     Select Committee on Intelligence of the Senate.
       (c) Security-related Assistance 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 a plan for the proposed use of 
     amounts authorized for security-related assistance for each 
     of the fiscal years 2010 through 2014. Such plan shall 
     include an assessment of how the use of such amounts 
     complements or otherwise is related to amounts described in 
     section 204.

     SEC. 302. MONITORING REPORTS.

       (a) Semi-Annual Monitoring Report.--Not later than 180 days 
     after the submission of the Pakistan Assistance Strategy 
     Report pursuant to section 301(a), and every 180 days 
     thereafter through September 30, 2014, the Secretary of 
     State, in consultation with the Secretary of Defense, shall 
     submit to the appropriate congressional committees a report 
     that describes the assistance provided under this Act during 
     the preceding 180-day period. The report shall include--
       (1) a description of all assistance by program, project, 
     and activity, as well as by geographic area, provided 
     pursuant to title I of this Act during the period covered by 
     the report, including the amount of assistance provided for 
     each program or project, and with respect to the first report 
     a description of all amounts made available for assistance to 
     Pakistan during fiscal year 2009, including a description of 
     each program, project, and activity for which funds were made 
     available;
       (2) 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 title I of this Act 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;
       (3) with respect to the plan described in section 
     301(a)(3), updates to such plan and a description of best 
     practices to improve the impact of the assistance authorized 
     under title I of this Act;
       (4) an assessment of the effectiveness of assistance 
     provided under title I of this Act during the period covered 
     by the report in achieving desired objectives and outcomes as 
     guided by the plan described in section 301(a)(3), and as 
     updated pursuant to paragraph (3) of this subsection, 
     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 any shortfall in United States 
     financial, physical, technical, or human resources that 
     hinder the effective use and monitoring of such funds;
       (6) 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;
       (7) any incidents or reports of waste, fraud, and abuse of 
     expenditures under title I of this Act;
       (8) the amount of funds authorized to be appropriated 
     pursuant to section 102 that were used during the reporting 
     period for administrative expenses or for audits and program 
     reviews pursuant to the authority under sections 101(c)(2) 
     and 103;

[[Page H10113]]

       (9) a description of the expenditures made from any Chief 
     of Mission Fund established pursuant to section 101(c)(5) 
     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 $100,000;
       (10) an accounting of assistance provided to Pakistan under 
     title I of this Act, broken down into the categories set 
     forth in section 301(a)(6);
       (11) an evaluation of efforts undertaken by the Government 
     of Pakistan to--
       (A) disrupt, dismantle, and defeat al Qaeda, the Taliban, 
     and other extremist and terrorist groups in the FATA and 
     settled areas;
       (B) eliminate the safe havens of such forces in Pakistan;
       (C) close terrorist camps, including those of Lashkar-e-
     Taiba and Jaish-e-Mohammed;
       (D) cease all support for extremist and terrorist groups;
       (E) prevent attacks into neighboring countries;
       (F) increase oversight over curriculum in madrassas, 
     including closing madrassas with direct links to the Taliban 
     or other extremist and terrorist groups; and
       (G) improve counterterrorism financing and anti-money 
     laundering laws, apply for observer status for the Financial 
     Action Task Force, and take steps to adhere to the United 
     Nations International Convention for the Suppression of 
     Financing of Terrorism;
       (12) a detailed description of Pakistan's efforts to 
     prevent proliferation of nuclear-related material and 
     expertise;
       (13) an assessment of whether assistance provided to 
     Pakistan 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's 
     financial resources that would otherwise be spent for 
     programs and activities unrelated to its nuclear weapons 
     program;
       (14) a detailed description of the extent to which funds 
     obligated and expended pursuant to section 202(b) meet the 
     requirements of such section; and
       (15) 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) Government Accountability Office Reports.--
       (1) Pakistan assistance strategy report.--Not later than 
     one year after the submission of the Pakistan Assistance 
     Strategy Report pursuant to section 301(a), the Comptroller 
     General of the United States shall submit to the appropriate 
     congressional committees a report that contains--
       (A) a review of, and comments addressing, the Pakistan 
     Assistance Strategy Report;
       (B) 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;
       (C) 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); and
       (D) an assessment of the impact of the assistance on the 
     security and stability of Pakistan.
       (2) Certification report.--Not later than 120 days after 
     the date on which the President makes the certification 
     described in section 203(c) for a fiscal year, the 
     Comptroller General of the United States shall conduct an 
     independent analysis of the certification described in such 
     section and shall submit to the appropriate congressional 
     committees a report containing the results of the independent 
     analysis.
       (c) Submission.--The Secretary of State may submit the 
     reports required by this section in conjunction with other 
     reports relating to Pakistan required under other provisions 
     of law, including sections 1116 and 1117 of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1906 
     and 1907).
       (d) 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. Mr. Speaker, I yield myself 3 minutes.
  I rise in strong support of the bill. The United States has an 
enormous stake in the security and stability of Pakistan. We can't 
allow al Qaeda or any other terrorist group that threatens our national 
security interests to operate with impunity in the tribal regions or 
any other part of Pakistan, nor can we permit the Pakistani state and 
its nuclear arsenal to be taken over by the Taliban.
  To help prevent this nightmare scenario, we need to forge a true 
strategic partnership with Pakistan and its people, strengthen 
Pakistan's democratic government, and work to make Pakistan a source of 
stability in a volatile region.
  I'm pleased to bring to the floor S. 1707, the Enhanced Partnership 
With Pakistan Act of 2009, a bicameral, bipartisan compromise between 
H.R. 1886 and the original Senate version of this legislation. As in 
the House bill we passed in June, S. 1707 provides funding to 
strengthen the capacity of Pakistan's democratic institutions, 
including its Parliament, judicial system and law enforcement agencies. 
It calls for increased assistance to Pakistan's public education system 
with an emphasis on access for women and girls.
  S. 1707 also provides critical security assistance to help the 
Government of Pakistan in its fight against the extremists that 
threaten the national security of both Pakistan and the United States. 
Finally, the compromise text requires that beginning in fiscal year 
2011, military assistance may only be provided to Pakistan if the 
President determines that the Government of Pakistan is continuing to 
cooperate with the United States in preventing a proliferation of 
weapons of mass destruction and has both demonstrated a sustained 
commitment to combating terrorist groups and has made significant 
efforts towards that end.
  Mr. Speaker, I would like to quote from the letter from Secretary of 
Defense Gates and Admiral Mullen in reference to this legislation. This 
is a letter sent last Friday: ``This bill would support U.S. national 
security interests in Afghanistan and Pakistan. The Department of 
Defense strongly supports moving this bill to final passage by the 
House and Senate as expeditiously as possible.'' Or as Secretary 
Clinton said just yesterday, this bill ``will be an essential tool in 
support of our national security interests.''
  I want to congratulate Senators Kerry and Lugar, the sponsors of this 
bill, for their hard work and determination in passing it. And I thank 
them for the open and cooperative spirit that they and their staff 
showed in crafting this bicameral, bipartisan compromise. I also want 
to thank my good friend from Illinois (Mr. Kirk) and my good friend 
from my home State of California (Mr. Royce) for their support in 
crafting this legislation and supporting the compromise. I particularly 
want to thank the ranking member of the committee, Ms. Ros-Lehtinen, 
for her contributions and her help in reaching this point in passing 
this legislation.
  Following is an explanation of the S. 1707, the Enhanced Partnership 
with Pakistan Act of 2009. The text reflects an agreement reached by 
the House Committee on Foreign Affairs and the Senate Committee on 
Foreign Relations on the text of S. 962, based on the text contained in 
the bill as passed by the Senate, and the text of H.R. 1886, as 
contained in titles I to III of Division B of H.R. 2410 and passed by 
the House of Representatives.

                                Summary

       S. 1707, the Enhanced Partnership with Pakistan Act of 
     2009, establishes a legislative foundation for a sustained 
     partnership between the United States and Pakistan, based on 
     a shared commitment to strengthening democracy and the rule 
     of law, improving the living conditions of the people of 
     Pakistan through sustainable economic development, and 
     combating terrorism and violent extremism. S. 962 seeks to 
     transform the relationship between the United States and 
     Pakistan into a deeper, broader, long-term strategic 
     engagement. The legislation aims to properly balance the 
     relationship between United States and Pakistan by 
     acknowledging and supporting the national security interests 
     of the United States as well as Pakistan's economic and 
     geopolitical interests. United States assistance for Pakistan 
     enhances our mutual security while helping to build economic 
     and political stability in a country that is both regionally 
     and strategically important. Economic assistance is as

[[Page H10114]]

     critical an element to stabilizing Pakistan as strengthening 
     the capacity of the Pakistan military to counter terrorism, 
     especially for projects that provide direct and concrete 
     benefit to Pakistani citizens as a whole. The overall level 
     of economic assistance authorized would be raised 
     substantially by this legislation, with the bulk of this aid 
     intended for projects such as schools, roads, medical 
     clinics, and infrastructure development.

                      Section-by-Section Analysis


                 Sec. 1. Short Title; Table of Contents

       The Amendment maintains the title of S. 962 as the Enhanced 
     Partnership with Pakistan Act of 2009 and contains an amended 
     table of contents.


                          Sec. 2. Definitions

       Section 2 contains definitions for the Act, drawing from 
     provisions in both S. 962 and Division B of H.R. 2410.


                            Sec. 3. Findings

       Section 3 combines findings from both S. 962 and Division B 
     of H.R. 2410.


                    Sec. 4. Statement of Principles

       Section 4 maintains the structure of Division B of H.R. 
     2410's Section 4, Declaration of Principles, and draws upon 
     S. 962's Statement of Policy. The Section is intended to 
     describe the principles for which the U.S.-Pakistan 
     relationship is governed. It includes the expectations of 
     Congress with regard to the bilateral relationship.

 Title I--Democratic, Economic, and Development Assistance for Pakistan


                    Sec. 101. Purposes of Assistance

       Subsection (a) provides for the purposes of assistance 
     until title I. The central purpose of assistance under title 
     I is to demonstrate unequivocally the long-term commitment of 
     the United States to the people of Pakistan. The specific 
     purposes in section 101 draw from both S. 962 and Division B 
     of H.R. 2410: (1) to support the consolidation of democratic 
     institutions; (2) to support the expansion of rule of law, 
     build the capacity of government institutions, and promote 
     respect for internationally-recognized human rights, 
     including building 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; 
     (3) to promote economic freedoms and sustainable economic 
     development in order to improve the living conditions of the 
     people of Pakistan, especially in areas of direct interest 
     and importance to their daily lives and to strengthen 
     regional ties by offering assistance for issues of mutual and 
     social concern; (4) to support investments in people, 
     including increasing literacy, expanding opportunities for 
     vocational training as well as broad-based general 
     baccalaureate education, helping achieve an appropriate 
     national curriculum for schools across Pakistan, increasing 
     access to basic health care, including services for women to 
     address Pakistan's high maternal mortality rates, providing 
     assistance to those displaced in ongoing counterinsurgency 
     operations; and (5) to strengthen public diplomacy, including 
     expanding people-to-people engagement between the United 
     States and Pakistan through increased educational, technical, 
     and cultural exchanges and other methods.
       Subsection (b) includes further detail regarding programs 
     which Congress believes should be implemented to satisfy the 
     purposes described in subsection (a). In the area of 
     fortifying democratic institutions, programs should include 
     support for the establishment of constituency offices and 
     support for efforts by the Government of Pakistan to promote 
     local experimentation with methods of transition from the 
     Frontier Crimes Regulation, considered outdated by most 
     Pakistanis, to other governing codes. In the area of 
     enhancement and strengthening of the judicial system and law 
     enforcement, programs should include support for a more 
     responsive and sufficiently staffed bench and professional 
     training of judges, public defenders, and prosecutors; 
     support for strengthening the role of civilian law 
     enforcement agencies, such as the Intelligence Bureau in the 
     Ministry of Interior, with enhanced coordination with 
     judicial processes, enhanced forensics capability, data 
     collection and analysis, financial intelligence functions, 
     and maintenance of data systems to track terrorist or 
     criminal activity; support for the development of an elite 
     rapid reaction police force; and support for the improving 
     counterterrorism and counterinsurgency coordination 
     between local government officials, the police, 
     paramilitary, and military leaders.
       In the area of support to increase local capacity, programs 
     should include support to governmental institutions at all 
     levels through providing technical assistance to all 
     ministries to improve transparency and the ability to respond 
     to the needs of the people of Pakistan; support for the 
     promotion of fiscal and personnel management, including 
     revenue tracking and expenditure systems; support for 
     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 support 
     for promoting local ownership and participation, including 
     encouraging communities to contribute a percentage of the 
     value of United States projects and activities carried out 
     under this title in the form of labor, in-kind materials, or 
     other provisions.
       In the area of supporting economic freedom and economic 
     development and supporting investments in people, the 
     Department of State should work with the Department of Labor 
     to provide educational remediation to victims of the worst 
     forms of child labor. In addition, programs on microfinance 
     and microenterprise activities should include programs to 
     improve the lives of women aimed at addressing the root 
     causes of exploitative child labor and to enable their 
     children to attend school.
       In the area of public education more generally, programs 
     should include support for schools that incorporate basic 
     subjects, such as math, science, literature, and history; 
     important additional training in human rights awareness, and 
     where appropriate basic agricultural education and training 
     as well as support for civic education programs focused on 
     political participation, democratic governance and 
     institutions, and tolerance of diverse ethnic and religious 
     groups; where appropriate funding to the Government of 
     Pakistan to use to improve teacher salaries and to recruit 
     and train teachers and administrators, as well as develop 
     formalized salary scales with merit-based increases; 
     construction and maintenance of libraries and public schools, 
     including water and sanitation, perimeter walls where 
     necessary, and consideration for recreation areas; provision 
     of textbooks and other learning materials as well as food 
     assistance for student meals where warranted; and provision 
     of software to educational institutions and students at the 
     lowest possible cost, specifically targeting universities 
     that specialize in information technology, liberal arts, and 
     women's colleges and women's secondary schools. It is 
     intended that programs continue to enable and expand 
     institutions of higher education in partnership with the 
     Pakistan government and other private-public partnerships, 
     specifically for non-sectarian, co-educational institutions 
     such as Forman College in Lahore. It is further intended that 
     an assessment of American Universities abroad be made to 
     determine the value and opportunity for such an institution 
     in Pakistan at this time.
       In the areas of support for human rights, programs should 
     include support for 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; and technical, legal, and law 
     enforcement assistance for the investigation of past 
     disappearances of individuals in Pakistan and the development 
     of national database of such individuals. In the area of 
     support for healthcare efforts, programs should include 
     support for the repairing and building of healthcare 
     infrastructure, including purchase of equipment and training 
     of health professionals, to ensure adequate access to 
     healthcare for Pakistan's population, especially among poor, 
     marginalized, and disadvantaged segments; and promotion of 
     efforts by the Government of Pakistan to reduce maternal 
     mortality, including through the provision of maternal and 
     newborn health services and development of community-based 
     skilled birth attendants.
       Subsection (c) provides that no less than $150,000,000 
     should be made available for police professionalization, 
     equipping, and training for fiscal year 2010; authorizes up 
     to $10,000,000 for each fiscal year for administrative 
     expenses of civilian department and agencies in the U.S. 
     Government in connection with title I assistance; encourages 
     the President to use Pakistani organizations, including the 
     use of host country contracts, to work with local leaders to 
     provide assistance associated with this section; requires 
     direct expenditures be paramount in providing assistance; 
     provides that a Chief of Mission Fund of up to $5,000,000 for 
     each fiscal year may be made available to address the urgent 
     needs or opportunities on the ground, as determined by the 
     Secretary of State; and expresses the Sense of Congress that 
     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 population, that the 
     Administrator of the United States Agency for International 
     Development should support the development objectives, and 
     that the United States should have a coordinated strategic 
     communications strategy.
       Subsection (d) mandates the President to notify Congress no 
     later than 15 days before obligating any assistance under 
     title I to budget support.


              Section 102. Authorization of Appropriations

       Subsection (a) authorizes $1,500,000,000 of assistance to 
     Pakistan for fiscal years 2010 through 2014.
       Subsection (b) restricts the availability of such funds to 
     the submission of the Pakistan Assistance Strategy Report no 
     later than 60 days after the enactment of this Act to 
     Congress. It further restricts that no more than $750,000,000 
     of the amounts appropriated pursuant to the authorization in 
     subsection (a) may be available each year thereafter until 
     the President's Special Representative to Afghanistan and 
     Pakistan certifies that there is reasonable progress achieved 
     in the principal objectives of the United States assistance, 
     as outlined in the Pakistan Assistance Strategy Report.
       Subsection (c) allows the Secretary of State to waive the 
     limitations of subsection

[[Page H10115]]

     (b) if the Secretary determines and certifies that it is in 
     the national security interests of the United States to do 
     so.
       Subsection (d) expresses the Sense of Congress that there 
     should be authorized to be appropriated up to $1,500,000,000 
     for each fiscal years 2015 through 2019 for the purpose of 
     providing assistance to Pakistan, contingent upon an 
     improving political and economic climate in Pakistan.
       It should also be noted that bilateral assistance is not 
     the only mechanism for supporting Pakistan's economic and 
     political situation. 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 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. The President should also, in 
     conjunction with other governments and international 
     financial institutions (including the International Monetary 
     Fund), support the implementation of a plan by 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. Finally, the President should 
     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.


                         Section 103. Auditing

       Subsection (a) explains that the Inspectors General of the 
     Department of State, the United States Agency for 
     International Development, and other federal departments 
     other than the Department of Defense, shall audit, 
     investigate, and oversee the obligation and expenditure of 
     such amounts in this title. It is appropriate and essential 
     that the significant increase in assistance be matched with 
     sufficient oversight and accountability. The Inspectors 
     General of the respective agencies are expected to achieve a 
     higher level of coordination and cooperation in their 
     oversight. Congress expects the Secretary of State in 
     consultation with other U.S. government agencies to ensure 
     oversight efforts and support for those efforts are no less 
     robust than those for the Special Inspectors General created 
     for Iraq and Afghanistan.
       Subsection (b) authorizes the aforementioned Inspectors 
     General to establish in-country presence through field 
     offices in Pakistan, as necessary.
       Subsection (c) authorizes up to $30,000,000 for each fiscal 
     year to be made available for auditing, in addition to 
     amounts otherwise available for such purposes.

                     Title II--Security Assistance

       Title II draws from title II of Division B of H.R. 2410 and 
     sections 5 and 6 of S. 962.


                    Sec. 201. Purposes of Assistance

       Section 201 declares the purposes for which U.S. security 
     assistance to Pakistan is to be used. It provides that U.S. 
     security assistance to Pakistan be used (1) to support 
     Pakistan's paramount national security need to fight and win 
     the ongoing counterinsurgency within its borders in 
     accordance with its national security interests; (2) to work 
     with the Government of Pakistan to improve Pakistan's border 
     security and control and help 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 help strengthen 
     the institutions of democratic governance and promote control 
     of military institutions by a democratically elected civilian 
     government.


           Section 202. Authorization of Military Assistance

       Subsection (a) authorizes such sums as may be necessary for 
     fiscal years 2010 to 2014 for International Military 
     Education and Training (IMET) programs for Pakistan, 
     including expanded IMET. Subsection (a)(2) provides that a 
     ``substantial amount'' of such funds should be used to pay 
     for courses of study and training in counterinsurgency and 
     civil-military relations. For this purpose, a substantial 
     amount should be considered approximately 30 percent.
       Subsection (b)(1) authorizes such sums as may be necessary 
     for fiscal years 2010 to 2014 for Foreign Military Financing 
     (FMF). Subsection (b)(2)(A) provides that a significant 
     portion of such amounts shall 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. For purposes of this 
     subsection, such articles, services and education and 
     training may include, but are not limited to, the following:
       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.
       Intelligence, surveillance, and reconnaissance (ISR) ground 
     and air manned and unmanned platforms, including sustainment.
       Command and control capabilities.
       Force protection and counter improvised explosive device 
     capabilities, including protection of vehicles.
       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.
       Appropriate individual and unit level medical services and 
     articles for the Pakistan Army, the Pakistan Frontier Corps, 
     and other appropriate security forces.
       Assistance to enable the Pakistani military to distribute 
     humanitarian assistance and establish a tactical civil-
     military operations capability, including a civil affairs 
     directorate.
       Subsection (b)(2)(B) provides that it is the Sense of 
     Congress that a significant majority of funds made available 
     to carry out this subsection for a fiscal year should be used 
     for the purpose described in subparagraph (A). For this 
     purpose, a significant majority should be considered 
     approximately 70 percent of the amounts made available 
     pursuant to the authorization.
       Subsection (b)(3) provides that FMF can be provided in 
     fiscal years 2010 and 2011 notwithstanding any other 
     provision of law other than sections 3 and section 102 of the 
     Arms Export Control Act and annual restrictions relating to 
     assistance to a country that has had a duly-elected head of 
     government deposed by a military coup. The purpose of this 
     provision is to allow greater flexibility in the delivery of 
     FMF in FY2010 and 2011 to Pakistan. This authority 
     complements flexibility provided in the Pakistan 
     Counterinsurgency Fund and the Pakistan Counterinsurgency 
     Capability Fund, both of which will allow the United States 
     in fiscal years 2009 and 2010 to provide urgent 
     counterterrorism and counterinsurgency assistance to 
     Pakistan. The Department is encouraged to use the flexibility 
     in FMF to likewise ensure rapid delivery of counterterrorism 
     and counterinsurgency assistance.
       Subsection (c) provides that the United States should 
     facilitate Pakistan's establishment of a program to provide 
     reconstruction assistance, including through Pakistan's 
     military, as appropriate, in areas damaged by combat 
     operations.
       Subsection (d) establishes a new exchange program to foster 
     civilian rule of military institutions. This program would 
     have civilian and military officials from NATO governments 
     and from governments determined by the Secretary of State to 
     be going through a transition to democracy to provide insight 
     and experience to their counterparts in Pakistan.


                 Section 203. Limitation on Assistance

       Subsection (a) provides that beginning in fiscal year 2011, 
     no security-related assistance may be provided to Pakistan in 
     a fiscal year until the Secretary of State, under the 
     direction of the President, makes the certification required 
     under subsection (c) for such fiscal year.
       Subsection (b) provides that beginning in fiscal year 2012, 
     no Letter of Offer and Acceptance 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, under the direction of the President, makes the 
     certification required under subsection (c) for such fiscal 
     year.
       Subsection (c) provides for a certification by the 
     Secretary of State, under the direction of the President, to 
     the appropriate congressional committees on three separate 
     matters. Paragraph (1) requires a certification 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, such as providing relevant information from or 
     direct access to Pakistani nationals associated with such 
     networks.
       Subsection (c)(2) requires a certification that the 
     Government of Pakistan during the preceding fiscal year has 
     demonstrated a sustained commitment to and is making 
     significant efforts towards combating terrorist groups. In 
     making this certification, the Secretary shall take into 
     account the extent to which the Government of Pakistan has 
     made progress on matters described in subparagraphs (A), (B), 
     and (C).
       Subsection (c)(3) requires a certification that the 
     security forces of Pakistan are not materially and 
     substantially subverting the political or judicial processes 
     of Pakistan.
       Subsection (d) provides none of the funds appropriated for 
     security-related assistance for fiscal year 2010 and each 
     fiscal year thereafter, or any amounts appropriated to the 
     Pakistan Counterinsurgency Capability Fund established under 
     the Supplemental Appropriations Act, 2009 (Public Law 111-
     32), may be obligated or expended to make payments relating 
     to certain contracts described in paragraphs (A), (B), and 
     (C) of subsection (d)(1), which the Government of Pakistan 
     has committed to pay for using its own national funds. 
     Subsection (d)(2) provides for an exception related to 
     certain construction costs related to such contracts.
       Subsection (e) provides that the Secretary of State, under 
     the direction of the President, may waive the limitations 
     contained in subsections (a), (b), and (d) for a fiscal year 
     if the Secretary of State determines that is important to the 
     national security interests of the United States to do so, 
     and provides for a notification prior the exercise of the 
     authority under this subsection.

[[Page H10116]]

       Subsection (f) includes definitions for this subsection.


        Section 204. Pakistan Counterinsurgency Capability Fund

       This section authorizes the Pakistan Counterinsurgency 
     Capability Fund (PCCF) and applies to any funds in the PCCF. 
     It provides, in part, that funds transferred to the Pakistan 
     Counterinsurgency Fund (PCF), which resides in the Department 
     of Defense, be merged with the funds in the PCCF, except that 
     the funds would still be subject to the limitations in 
     section 203.


  Section 205. Requirements for civilian control of certain assistance

       This section provides that any direct cash security-related 
     assistance or non-assistance payments by the United States to 
     the Government of Pakistan may only be provided or made to 
     civilian authorities of a civilian government of Pakistan. 
     It also provides that the Secretary of State, in 
     coordination with the Secretary of Defense, shall ensure 
     that civilian authorities of a civilian government of 
     Pakistan have received a copy of final documentation 
     provided to the United States related to non-assistance 
     payments provided or made to the Government of Pakistan. 
     The purpose of this provision is to support Pakistan's 
     democratic civilian government and to ensure the increased 
     transparency of such assistance or payments by requiring 
     that the civilian authorities have the documentation 
     related to such assistance or payments and that civilian 
     authorities actually receive the funds related to such 
     assistance or payments. It should be noted that subsection 
     (c), which contains a number of exceptions to the 
     application of this section, was added in an abundance of 
     caution to ensure that certain programs were not 
     interpreted to be included as being affected by subsection 
     (a). This subsection should not be construed in any way as 
     defining the meaning or scope of ``security-related 
     assistance'' (a defined term under the Act) or ``non-
     assistance payments.''.

 Title III--Strategy, Accountability, Monitoring, and Other Provisions

       Title III draws from title III of Division B of H.R. 2410 
     and section 5 and 8 of S. 962.


                       Sec. 301. Strategy Reports

       S. 962 contained a provision that would require not later 
     than 45 days after the enactment of this Act the Secretary of 
     State to submit to the appropriate congressional committees a 
     report describing United States policy and strategy with 
     respect to assistance to Pakistan. Division B of H.R. 2410 
     contained no such requirement. Reflecting the approach in S. 
     962, section 301(a) requires that not later than 45 days 
     after the date of enactment of this Act, the Secretary of 
     State shall submit a report describing United States policy 
     and strategy with respect to assistance to Pakistan. The 
     report shall include, among other items, a description of 
     principal objectives of United States assistance to Pakistan 
     to be provided under title I of this Act; a general 
     description of the specific programs, projects, and 
     activities designed to achieve the purposes of section 101 
     and the respective funding levels for such programs, 
     projects, and activities for fiscal years 2010 through 2014; 
     and a plan for program monitoring, operations research, and 
     impact evaluation research for assistance authorized under 
     title I of this Act. The purpose of this report is to ensure 
     proper oversight and accountability over economic assistance 
     to Pakistan.
       H.R. 2410 contained a provision (section 302) that would 
     require the President to 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. S. 962 contained no such 
     provision. That requirement has been included in the 
     reporting requirement of subsection (a). The monitoring 
     requirement in the Pakistan Assistance Strategy Report is 
     intended to encourage the President to establish a monitoring 
     program. 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.
       Subsection (a)(7) requires an analysis for the suitable 
     replacement for existing Pakistani helicopters, including 
     recommendations for sustainment and training. The purpose of 
     this reporting requirement is to identify and formulate plans 
     to replace the AH-1F and AH-1S Cobra attack helicopters 
     currently used by the Government of Pakistan for 
     counterinsurgency operations.
       Subsection (b) requires the President to develop a 
     comprehensive interagency regional strategy to eliminate 
     terrorist threats and close safe havens in Pakistan and 
     submit a report on the strategy to Congress. The report is 
     premised on the belief that coordination among India, 
     Pakistan, and Afghanistan, along with countries neighboring 
     or closely aligned with the region such as Iran and Saudi 
     Arabia, where appropriate, will be necessary if the United 
     States is to create a viable strategy for sustainable peace 
     and security in this critical region. Subsection (c) requires 
     the President to submit to Congress a report on the strategy 
     not later than 180 days after the enactment of the Act. 
     Subparagraph (3)(B) provides that the report shall include 
     specification of goals and proposed timelines and budgets for 
     implementation of the strategy.
       Subsection (c) mandates that not later than 180 days after 
     the date of the enactment of the Act, the Secretary of State 
     shall submit a plan for the proposed use of amounts 
     authorized for security-related assistance for each of the 
     fiscal years 2010 through 2014, as well as how funds in the 
     PCCF fit into such a plan. The purpose of this requirement is 
     to encourage long-term planning regarding security assistance 
     to Pakistan and to facilitate Congressional oversight over 
     such assistance.


                    Section 302. Monitoring Reports

       Subsection (a) provides that not later than 180 days after 
     the submission of the Pakistan Assistance Strategy Report and 
     every 180 days thereafter, the Secretary of State shall 
     submit a report that describes the assistance provided under 
     title I of the Act, along with related assessments of the 
     extent to which the Government of Pakistan exercises 
     effective civilian control of the military; whether 
     assistance provided to Pakistan has directly or indirectly 
     aided the expansion of Pakistan's nuclear weapons program; 
     and the counterterrorism efforts undertaken by the Government 
     of Pakistan.
       Subsection (b) provides that the Comptroller General of the 
     United States shall submit reports that contain a review of, 
     and comments addressing, the Pakistan Assistance Strategy 
     Report; 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 the Act; a detailed description of the 
     expenditures made by Pakistan pursuant to grant assistance 
     under section 23 of the Arms Export Control Act; and an 
     assessment of the impact of the assistance on the security 
     and stability of Pakistan. Subsection (b) further requires 
     the Comptroller General to conduct an independent analysis of 
     the certification described in section 203(c) and submit a 
     report containing the results of the independent analysis to 
     Congress.
       Subsection (c) provides that the Secretary of State may 
     submit the reports required by this section in conjunction 
     with other reports relating to Pakistan required under other 
     provisions of law. The intent of this provision is to 
     streamline the numerous reporting requirements of this Act 
     and other Acts, including sections 1116 and 1117 of the 
     Supplemental Appropriations Act, 2009 (Public Law 111-32). 
     Reports under these and other provisions of law may be 
     combined and submitted together as long as all elements of 
     each report are included, and the timelines for each 
     provision of law requiring such a report are respected.

  I urge all my colleagues to support this bill, and I reserve the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of S. 1707, the Enhanced Partnership With 
Pakistan Act of 2009.

                              {time}  1400

  The text before us is the result of negotiations between the House 
Foreign Affairs and the Senate Foreign Relations Committees with 
substantial input from the Armed Services Committees and other 
committees of interest as well as the Departments of State and Defense.
  Last week, the consensus text was introduced as a new bill, which 
passed the Senate by unanimous consent on September 24. While the 
Senate may have felt it appropriate to rush the bill through the 
process, many of our colleagues and I feel that a bill of this 
magnitude both in terms of its policy impact and the financial cost 
should have been considered under regular order, affording the 
opportunity for robust discussion, rather than being added to the 
suspension calendar.
  Nevertheless, our focus is and must be on providing our civilian and 
military personnel the necessary resources and authorities to succeed 
in implementing a U.S. strategy in Afghanistan and Pakistan. The bill 
before us addresses half of that equation: Pakistan.
  Like its predecessor, it attempts to focus more U.S. resources and 
attention to rebuilding and making more professional the civilian 
institutions in Pakistan by authorizing $1.5 billion annually in 
nonmilitary assistance through fiscal year 2014.
  Reminiscent of the House Republican substitute to the House version 
of this bill, which passed in June, the new text requires, before any 
economic assistance to Pakistan can be released, that the 
administration submit a Pakistan Assistance Strategy Report, including 
a description of the principal objectives of U.S. assistance, a 
detailed spending plan, and a plan for program monitoring. It further 
stipulates that no more than half the assistance may

[[Page H10117]]

be released until the Congress receives a certification from the 
administration that this significant expenditure of taxpayer dollars is 
materially contributing to our multifaceted goals related to Pakistan. 
If need be, these limitations are subject to a national interest 
waiver.
  Perhaps the most significant changes in the text relate to security 
assistance. As Members will recall, the version considered by the House 
in June prompted a letter from Secretary of Defense Gates and Admiral 
Mullen, Chairman of the Joint Chiefs of Staff, and an associated letter 
from General Petraeus, the head of U.S. Central Command, objecting to 
the degree of conditionality and limitations on security assistance to 
Pakistan which they felt would unduly constrain their efforts given the 
fluid and the dynamic environment that exists in Pakistan. I'm pleased 
to note, however, that Secretary Gates and Admiral Mullen write that 
they now feel that the revised text ``addresses the key concerns'' that 
they had raised in their April 28, 2009, letter.
  Specifically, Mr. Speaker, in section 202 the Department of Defense 
concerns with inflexibility, being overspecific, and conditionality 
with respect to funding for the International Military Education and 
Training and the Foreign Military Financing have been addressed through 
the use of ``such sums'' instead of specific numbers and ``a sense of 
Congress'' language instead of the binding percentage limitations.
  In section 203, DOD concerns about inflexibility, conditionality, and 
potential counterproductive effects of certain limitations on security 
assistance have been addressed with more balanced language on 
nonproliferation issues as well as counterterrorism. Issues relating to 
the F-16 program of Pakistan have also been addressed.
  In section 204, DOD concerns about the consistency of language 
authorizing the Pakistan Counterinsurgency Capabilities Fund with the 
fiscal year 2009 Supplemental and the State/DOD agreement on transfer 
of funds, these issues have been addressed. The language is now 
consistent with that bill and prior understanding.
  In section 205, DOD concerns about inflexibility and conditionality 
with respect to a requirement for civilian control of certain 
assistance have been addressed through better language and strong dual 
key waiver authority for Secretary of State and Defense.
  I thank all of the authorities for making these changes. I thank Mr. 
Berman for his flexibility.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 4 minutes to one 
of the key partners in working through this legislation, the chairman 
of the Middle East and South Asia Subcommittee, vice chair of the 
committee, the gentleman from New York (Mr. Ackerman).
  Mr. ACKERMAN. Mr. Speaker, I rise to speak on the resolution before 
the House. I want to commend the chairman for his strong efforts 
particularly on the bill as we adopted it in the House in July. The 
bill before us today had to satisfy other parties and is, in my view, a 
lesser product for it.
  The fundamental question this legislation attempts to answer is: How 
can we best ensure the full cooperation of the Government and the 
people of Pakistan in our struggle against al Qaeda, the Taliban, and 
other sources of violence, terror, and regional instability? In the 
text authored by Chairman Berman, the answer to this question was to 
propose a long-term partnership, one in which both sides had both 
interests and responsibilities, a partnership of equals who were 
expected to constantly and appropriately judge whether or not the 
relationship was succeeding.
  The compromise bill before us today, however, is not a blueprint for 
a partnership; it is a recipe for disappointment followed by 
disillusionment.
  Pakistan is too big and too complex to be a proper subject for the 
Senate's preferred Pygmalion-like approach. Even if Pakistanis sought 
such a relationship, which they very definitely do not, Pakistan is 
simply beyond our shaping.
  Pakistan's interests and our own are not very closely aligned. We see 
India as a major ally. They see India as unalterably rapacious and 
inherently dangerous. We see the Afghan Taliban as a wicked, 
oppressive, and violent group intent on returning Afghanistan to 
primitive theocratic darkness. They see it as a useful insurance 
policy. We see Pakistan's ongoing relationship with radical Islamic 
terrorist groups as utterly illegitimate. They see these groups as both 
fundamentally just and as essential leverage. They see it as an 
unwarranted foreign imposition and potentially a violation of their 
rights. And the list of contradictions could go on across a range of 
subjects from madrassas to arms sales, from state enterprise corruption 
to feudal land reforms.
  Setting aside the differences we have with the Government of 
Pakistan, I think we should all be very circumspect about the ability 
of our own government to carefully spend $1.5 billion a year in 
Pakistan. The history of our assistance programs with Pakistan does not 
inspire confidence in either the rectitude of our partners or our own 
ability to spend the taxpayers' money effectively.
  The response to such concerns is predictable: Shall we do nothing? 
No, of course not. Pakistan is a country we can ignore only at our own 
peril. Only a fool could pretend that what happens there is not and 
will not become our concern. This bad neighborhood will definitely come 
to visit us if we choose not to visit it.
  But our success will depend chiefly on reforms taken in Pakistan by 
Pakistanis. I see little in the bill to provide any assurance that such 
changes are on the way. I fear again we are choosing to be Pakistan's 
patron rather than its partner. In the end, Pakistan will absorb what 
we offer and remain the same Pakistan, and, worst of all, they will 
claim once again that we have failed them.
  But we have no choice but to pass this bill.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from California (Mr. Royce), the ranking member on the 
Subcommittee on Terrorism, Nonproliferation and Trade, who has been 
working hard on this bill from the very beginning.
  Mr. ROYCE. Mr. Speaker, I rise in support of this legislation, and I 
commend Chairman Berman for his Pakistan assistance legislation, which 
is the basis of the Senate bill that we are considering here. I also 
want to thank Ranking Member Ros-Lehtinen for pressing the important 
issues that have made this a better bill.
  There is no doubt that Pakistan is critical to America's security. 
Having made several trips to Pakistan, I observed that large parts of 
that country are a hotbed of radical jihadism. It's a country, of 
course, with a nuclear arsenal. And while its security situation has 
improved since last spring, Pakistan very much remains a country in 
crisis.
  Pakistan is a partner, too. Any country receiving this amount of U.S. 
aid had better be one. But there can be no carte blanche. This bill's 
conditions on aid reflect years of bad experiences. It's only right 
that Pakistan not be proliferating, or covertly aiding militants, as an 
aid condition. It's only right that those positions are in that 
underlying bill that Chairman Berman has brought forward here. We 
should also proceed with the understanding that aid has the potential 
to worsen economic and political conditions.
  Operating in Pakistan is very difficult. U.S. aid workers are limited 
in their in-country travels because of security. I have concerns about 
establishing too big a footprint in Pakistan, in other words, the so-
called diplomatic surge. The fact is that if the U.S. isn't welcomed in 
much of Pakistan, it may not be the case that this addition of 
personnel on the ground is helpful. So I think a balance is needed in 
that, and that's an issue that I hope and trust that the State 
Department will reflect on.
  I am pleased that the trade position, the provision on trade, that 
was added to this bill when it passed the House was dropped in the 
Senate. And the reason I am pleased with that is that that provision, 
allegedly a development-plus for Pakistan, was at best a do-nothing 
provision. Some argue it would actually decrease U.S./Pakistan trade. 
It's a shame that this Congress can't muster the will to liberalize 
trade with Pakistan, which would do far more for its development than 
development aid.

[[Page H10118]]

  Finally, I would like to second my colleague's concerns about 
neighboring Afghanistan. Trends there aren't moving in our direction. 
It's past time for decisive action.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Virginia (Mr. Connolly).
  Mr. CONNOLLY of Virginia. Mr. Speaker, I rise in support of S. 1707, 
the Enhanced Partnership With Pakistan Act of 2009.
  Mr. Speaker, this is a national security bill. It authorizes military 
assistance to help Pakistan disrupt and defeat al Qaeda and insurgent 
elements, and requires that the majority of such assistance be focused 
on critical counterinsurgency and counterterrorism efforts. 
Additionally, the bill requires that all military assistance flow 
through the democratically elected Government of Pakistan.
  The legislation authorizes $1.5 billion each year for development and 
economic assistance. In order for complete release of these funds, the 
President's Special Representative must certify that Pakistan is making 
progress towards achieving the principal objectives of U.S. assistance. 
The legislation also authorizes funding for military education and 
training and $150 million to equip, train, and professionalize the 
Pakistani police.
  The military funding in this bill has a specific purpose, that 
Pakistan improve its border security and fight the counterinsurgency 
within its own borders. There's a new provision that specifically bars 
the use of foreign military financing for any new F-16 purchases or 
upgrades.
  I understand the concerns about Pakistan's commitment to fighting 
terrorism. I myself have concerns about its nuclear arsenal and its 
past history of proliferation. That is why the bill states that no 
security-related assistance may be provided to Pakistan until the 
Secretary of State certifies that the Government of Pakistan is 
continuing to cooperate with the United States. Moreover, Pakistan must 
demonstrate a sustained commitment toward combating terrorist groups.
  With these protections, Mr. Speaker, I believe this is a very useful 
bill. I thank the chairman for his leadership.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 3 minutes to the 
gentleman from California (Mr. Rohrabacher), the ranking member on the 
Subcommittee on International Organizations, Human Rights and 
Oversight.

                              {time}  1415

  Mr. ROHRABACHER. Mr. Speaker, I rise in strong opposition to spending 
billions more of our people's money and sending it to Pakistan. As the 
bill states: ``The United States has contributed more than $15 billion 
since 2001 in military and economic assistance to Pakistan.'' The bill 
before us commits the American people to another $15 billion. That is 
$30 billion, $30 billion that we don't have. The Federal budget this 
year is $4 trillion, and $2 trillion of that is deficit spending. We 
are borrowing in order to cover it.
  President Obama right here in this Chamber said that we are losing an 
average of 750,000 jobs a month. Our economy is as weak as it has ever 
been. Our people are in need. The debt we are creating will break their 
backs and destroy our economy. The proposition before us today would 
have us borrow another $15 billion from China in order to give to 
Pakistan. We need to focus on the jobs for the American people, not for 
the Pakistanis. We need to have the discipline to be responsible, and 
borrowing billions more from China to give to Pakistan is not 
responsible.
  What we have here is $15 billion that we have already spent. Well, 
where has it gotten us? After 9/11 and spending all of this money, our 
military reports right now indicate that the ISI, that is the Pakistani 
intelligence service, still provides support for the Taliban. We have 
given aid to Pakistan in the past, and they have used their money to 
build nuclear weapons. And when we complained about it, President 
Musharaf from Pakistan said his people were willing to eat grass in 
order to have a nuclear weapon.
  Pakistan's government still works hand in glove with the enemy 
factions in Saudi Arabia and in China. American soldiers still die 
every day because our diplomats won't face reality, and they keep 
telling us that Pakistan is just coming around, while it's clear they 
are just playing us like a fiddle. We've heard this for years.
  Pakistani and Chinese leaders, however, during that time transferred 
nuclear technology to North Korea, Iran and Libya. And to this day, 
Pakistan won't give our intelligence services a chance to actually talk 
to that nuclear conduit, Dr. Abdul Khan, who actually transmitted 
nuclear secrets to these other countries. The Pakistani Government buys 
its weapons from China with money that they borrow from us. It is a 
twisted, ludicrous logic for us now to borrow money from the Chinese to 
give to the dictators in China who will then sell weapons to the 
Pakistanis.
  Pakistan was with us in the Cold War. We remember that. But the Cold 
War is over. Pakistan is now with China. And both governments, Chinese 
and the Pakistanis, plot and maneuver against our interests all the 
time. Well, the threat of radical Islam is real, but it's not going to 
be solved by our being irresponsible with $15 billion of taxpayers' 
money.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to a member 
of the committee, the chair of the Congressional Pakistan Caucus, and 
the colleague whom I had the privilege of traveling to Pakistan with 
earlier this year, Ms. Sheila Jackson-Lee of Texas.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Let me thank the chairman very much for his 
work, very hard work, I might add, Chairman Berman, and to the ranking 
member for the opportunity to support this legislation that has the 
Senate title. I also support the House bill, which we worked very hard 
on. But I support the idea that this bill provides for enhanced 
monitoring, evaluation, and auditing of U.S. assistance. It requires a 
Presidential report on Pakistan, including an evaluation of Pakistan's 
progress on counterterrorism and an assessment of whether assistance 
provided to Pakistan is in any way facilitating the expansion of 
Pakistan's nuclear weapons program and requires that all assistance to 
Pakistan be provided through a civilian government.
  We are treading water if we keep going back over and over again on 
what was. Yes, we have to acknowledge that Pakistan was our friend in 
the Cold War, and we have to know the Pakistan people in fact want 
democracy. They are strong and resilient people. When they had the 
tragedy in the Swat territory, those individuals that went to refugee 
camps did not stay long. Why? Because they wanted to go back and 
restore their lives and work.
  We need to establish friends with those who want to be friends. We 
know for sure that the Pakistan military has lost and shed blood on the 
border of Afghanistan and Pakistan. Yes, there are problems which we 
can fix with this legislation, $1.5 billion a year that will help them 
on their economic recovery.
  I am disappointed that the legislation that Congressman Van Hollen 
had, that we have not been able to work that through. We worked it in 
the House bill on the investment zones, if you will, which I think is a 
positive step. But what we did do is we provided opportunity for 
schooling and an opportunity to ensure that young Pakistani men are not 
drawn to the teachings of those who would do harm, the violent 
teachings that have gone on, giving them alternatives in terms of 
promoting education.
  My friends, don't throw the baby away with the bath water. We have 
friends in Pakistan. That government needs to know that we are an ally, 
but oversight is imperative. A regional plan is imperative, and 
recognizing a friend when you see it. Fight the Taliban. Fight Osama 
bin Laden. Recognize your friends, and pass this legislation.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Texas, Dr. Paul.
  (Mr. PAUL asked and was given permission to revise and extend his 
remarks.)
  Mr. PAUL. I thank the gentlelady for yielding.
  Mr. Speaker, I rise in opposition to this bill. Sometimes I wonder 
how we can, with a straight face, bring a bill up like this with the 
conditions of this country, especially financially. I oppose this bill 
for two reasons. One, we

[[Page H10119]]

don't have the money. That would be a pretty good reason not to support 
it. And the other reason is I do not believe it's in our national 
security interests. I know this is being promoted as benefiting our 
national security, but I do not believe it helps us one bit. This bill 
was essentially voted on in June, and the vote was 234-185, which means 
that it is assumed at least 56 or more individuals in the Congress have 
switched their votes.
  Now they say they have tinkered with the bill and changed it a little 
bit, but it's an authorization that could be $15 billion. So it hasn't 
had that much of a change. But today it is expected that these 
individuals will change and vote for this bill not really asking the 
questions.
  Now, the bill is defined as fortifying democratic institutions. That 
is a good goal. But it never, never works. We are in 130 countries, we 
have 700 bases around the world, and we pursue this, and we are 
bankrupting our country by trying to maintain this empire. I have often 
made the point that the way we treat our fellow countries around the 
world is we tell them what to do, and if they do it we give them money. 
If they don't do it, we bomb them. Under this condition, we are doing 
both. We are currently dropping bombs in Pakistan. The CIA is dropping 
bombs, and innocent people get killed.
  If you want to promote our good values and our democratic process, 
you can't antagonize the people by literally killing people over there, 
because if bombs were falling on this country, we wouldn't be all that 
happy with that. So this does not improve our conditions whatsoever.
  I would suggest another proposal for our foreign policy, not using 
bombs and bribes, but what about neither one? What about just talking 
to people? What about reducing tariffs? What about trading with them? 
Instead, it is this form of foreign policy that will not serve our 
interests.
  Mr. BERMAN. Mr. Speaker, I'm very pleased to yield 2 minutes to the 
gentleman from Maryland, the author of important legislation that was 
part of the House bill and unfortunately is not part of the final 
compromise, the gentleman from Maryland (Mr. Van Hollen).
  Mr. VAN HOLLEN. Mr. Speaker, I thank the chairman of the committee, 
Mr. Berman, and congratulate him and Ranking Member Ros-Lehtinen on 
bringing this important bill to the floor.
  We have to learn from our past mistakes. And the fact is that the 
economic and political stability of Pakistan is essential to U.S. 
security interests, and we know what has happened in the past when we 
have ignored that fact. Because when the Soviet Union withdrew its 
forces from Afghanistan in 1989, the United States lost interest in 
Afghanistan, and we reduced our commitment to Pakistan at the same 
time. And we all know the consequences. The consequences we saw on 
September 11, 2001. Because what happened in that power vacuum in 
Afghanistan was that Taliban took power. They invited al Qaeda in, and 
the result is the horrible attacks that we saw September 11, 2001.
  We must not repeat those mistakes. We must provide a substantial and 
solid foundation to our relationship with Pakistan which includes not 
only military assistance but economic assistance and also should 
require a trade relationship. And I am disappointed that the 
reconstruction opportunity zones provisions were dropped from this 
bill. They were supported by the President of Pakistan who thought they 
were important to economic development there. They were part of 
President Obama's security strategy with respect to Pakistan and 
Afghanistan which he announced in March. Ambassador Holbrooke in a 
letter to the Speaker of the House said that the ROZs, reconstruction 
opportunity zones, are a vital component of our policy towards Pakistan 
in a moment of great challenge, indeed crisis, for that critically 
important nation.
  I hope, Mr. Chairman, we can continue to work on this. Thank you for 
your leadership here. I thank Representative Levin, as well, and other 
Members, because I think that the Pakistani President is a good judge 
of what the economic impact would be. And I do find it curious when 
sometimes Members of this Congress substitute their judgment as to what 
would be in the economic interests of Pakistan.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BERMAN. Mr. Speaker, I will yield the gentleman 1 additional 
minute.
  Mr. VAN HOLLEN. Thank you, Mr. Chairman.
  We just heard from the previous speaker that we should focus on trade 
more than aid. And I do think we need to move forward on trade because 
we do know that that provides for more sustainable foundation to long-
term economic growth in Pakistan. And the idea behind the 
reconstruction opportunity zones was to create more incentive for 
businesses to operate out of some of the troubled regions in Pakistan 
and provide alternatives to taking up a gun or joining the Taliban or 
joining the insurgency. So I think this is a very important part of our 
strategy.
  I'm very hopeful that we can move forward on this with the Senate. 
I'm disappointed again that the Senate has decided not to go forward at 
this time. And I just want to underscore again the statements made by 
Secretary Clinton as well as Ambassador Holbrooke and the President of 
the United States that we should move forward on this on an expeditious 
basis.
  Again, I thank the chairman for his leadership.
  Ms. ROS-LEHTINEN. Mr. Speaker, at this time, I am pleased to yield 2 
minutes to the gentleman from Illinois (Mr. Kirk), a valuable member of 
the Committee on Appropriations.
  Mr. KIRK. Mr. Speaker, foreign assistance works best when we 
accomplish with treasure what we would have otherwise had to do with 
blood. We have 68,000 Americans in uniform in Afghanistan. And they are 
helping our NATO allies and the Afghan Government to fight al Qaeda and 
the narco-Taliban. The narco-Taliban rests and rearms in Pakistan, in 
Quetta and the frontier area. This legislation gives us leverage and 
resources to encourage Pakistani resistance to the Taliban, the 
murderers of their own prime minister. By weakening the narco-Taliban, 
we improve chances for the Afghan Government to expand its authority on 
both sides of the border.
  Now last year I served with ISAF's Regional Command South in 
Kandahar, Afghanistan, and we had regular reports of men and material 
moving from Quetta and Spin Boldak into Afghanistan to attack Afghan 
and NATO positions. This legislation enables us to work on both sides 
of this border against the narco-Taliban.
  I commend our ranking member, Ms. Ros-Lehtinen, and Chairman Berman 
for making this a bipartisan bill, because that's the way our troops 
would want it. When the Taliban shoots at our guys, they are not 
shooting at Republicans or Democrats. They are shooting at Americans. 
And we are responding with unity.
  We have no failure option in Afghanistan. If we ignore this problem, 
we risk repeating the mistakes so clearly described in the 9/11 
Commission Report. And with North America's tallest building located in 
Chicago, I believe it's our duty to absolutely prevent an attack from 
Pakistan or Afghanistan from ever happening again to the people of the 
United States. And I thank both of our leaders for bringing this 
legislation to the floor.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to the 
gentlewoman from California (Ms. Harman), who is very much the moving 
party in the language that insists on Pakistani cooperation and on 
dismantling nonproliferation networks in the final version of this 
legislation.

                              {time}  1430

  Ms. HARMAN. I thank the gentleman for yielding and salute his 
leadership on this committee and our long, long, long friendship as 
southern California Representatives.
  I rise in support of this legislation and again thank the committee 
leadership and committee members for including language in the original 
House bill and the original committee's report reflecting many of the 
concerns I have about nuclear proliferation in Pakistan. Regrettably, 
some of that language is not in this compromise, though I applaud 
section 203's limitations.
  Mr. Speaker, Pakistan poses one of the most complex foreign policy 
challenges facing the United States today.

[[Page H10120]]

It sits at the intersection of vital security interests, from terrorism 
to nuclear proliferation to the war in Afghanistan.
  A secure and stable Pakistan is of critical importance to the United 
States, and yet, with a large al Qaeda presence, a vibrant Taliban 
insurgency, and widespread political unrest, that stability is anything 
but guaranteed.
  Recent news reports suggest that the city of Quetta is becoming the 
new stronghold for the Taliban. Our extremely capable Ambassador to 
Pakistan, Anne Patterson, says that ``our intelligence on Quetta is 
vastly less, we have no people there, no cross-border operations, no 
predators.''
  The stakes are truly high. Pakistan's nuclear stockpile cannot be 
allowed to fall into the wrong hands.
  In March, I worked with Chairman Berman to incorporate language that 
would guarantee U.S. investigators access to individuals suspected of 
proliferation activities. While that language is not in this bill, this 
bill does limit security-related assistance contingent upon Pakistan's 
help dismantling proliferation networks and combating terrorist groups.
  A few weeks ago, a Pakistani court lifted the requirement that A.Q. 
Khan, the mastermind of the most notorious nuclear smuggling ring ever, 
remain under police escort when traveling around the country. Just 
recently, Khan boasted to the press that the Government of Pakistan was 
complicit in his past activity.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. BERMAN. Mr. Speaker, I'm pleased to yield an additional 1 minute 
to the gentlelady.
  Ms. HARMAN. I thank the gentleman.
  Mr. Speaker, it is my hope that the aid authorized by this bill will 
persuade President Zardari and his government to do more to crack down 
on proliferation offenders and become better partners with the world 
community in stabilizing their country.
  Mr. Speaker, this bill is a very large, 5-year down payment on long-
term success in Pakistan. We need to be clear-eyed about the 
opportunities and to embrace them, but also clear-eyed about the risks.
  Ms. ROS-LEHTINEN. Mr. Speaker, I'd like to yield myself such time as 
I may consume.
  I'm pleased that in this bill overly prescriptive reporting and 
related requirements have been replaced by more appropriate and time-
limited provisions for Pakistan strategy reports, for accountability, 
and for monitoring of assistance.
  Robust accountability provisions are included and are vital to 
reassure the American taxpayer that their moneys are being well-spent, 
and this is particularly the case for Pakistan, where many Pakistanis 
and groups, like Transparency International, are deeply concerned about 
the integrity of high-level officials in that country.
  Mr. Speaker, of all the foreign policy challenges facing the United 
States, stabilizing and transforming and reforming Pakistan may be one 
of the most daunting. The good news is that leaders in Islamabad have 
shown increased willingness to confront those militants who have 
targeted the Pakistani State from bases in the Northwest Frontier 
Province and from South Waziristan.
  A number of militant leaders have been killed or captured, most 
prominently the leader of the Pakistani Taliban.
  SWAT and other conflict-affected areas of the Northwest Frontier 
Province are stabilizing. Although some progress has been achieved, 
much remains to be done.
  Pakistan and Afghanistan are part of a wider theater of operations 
and, despite important differences, must be considered jointly, as the 
administration itself suggested following the conclusion of a 
comprehensive strategic review of Af-Pak policy this March.
  Suddenly, however, President Obama has apparently decided to rethink 
the entire strategy in Afghanistan after his hand-picked new commander 
there, General Stanley McChrystal, warned that the war could be lost if 
he doesn't get more troops in the next 12 months.
  The stunning magnitude of this reversal was highlighted in an 
article, an op-ed in The Wall Street Journal of September 22.
  The author Leslie Gelb, a former Pulitzer Prize-winning reporter, 
columnist and president emeritus of the Council on Foreign Relations, 
wrote:
  ``I'm lost on President Barack Obama's Afghanistan policy, along with 
most of Congress and the U.S. military. Not quite 8 months ago, Mr. 
Obama pledged to `defeat' al Qaeda in Afghanistan by transforming that 
country's political and economic infrastructure, by training Afghan 
forces and adding 21,000 U.S. forces for starters.
  ``He proclaimed Afghanistan's strategic centrality to prevent Muslim 
extremism from taking over Pakistan, an even more vital Nation because 
of its nuclear weapons. And a mere 3 weeks ago, he punctuated his 
commitments by proclaiming that Afghanistan is a `war of necessity,' 
not one of choice. White House spokesmen reinforced this by promising 
that the President would `fully resource' the war.''
  Leslie Gelb goes on, ``Yet less than 1 week ago, Mr. Obama said the 
following about troop increases: `I'm going to take a very deliberative 
process in making those decisions. There is no immediate decision 
pending on resources, because one of the things that I'm absolutely 
clear about is you have to get the strategy right and then make a 
determination about resources.' ''
  Gelb points out, ``Americans are now confused and caught somewhere 
between remembering the President's insistence on Afghanistan's 
importance to U.S. security and rapidly rising pressure from his party 
to bring the troops home.''
  Mr. Speaker, if the U.S. is going to prevail against al Qaeda and the 
Taliban and win in Afghanistan, the administration must take immediate 
steps to fully implement the strategy without any further vacillating 
or delays.
  Thus, while today we prepare to vote strongly in support of S. 1707 
and, in the words of Secretary Gates and Admiral Mullen, ``strongly 
signal to the Pakistani people our long-term commitment to partnering 
with them to combat terrorism and extremism,'' I must ask: What about 
Afghanistan? How much more time will pass before General McChrystal is 
provided the resources and the personnel that he deems necessary to 
succeed in Afghanistan?
  As for Pakistan, we join with the executive branch on a bipartisan 
basis to support policies that will help our friends there transform 
their country into a stable and prosperous democracy that will support 
U.S. interests in the region, that opposes militancy within and outside 
its borders, commits to a secure Afghanistan, and will maintain 
responsible controls over its nuclear weapons capability.
  This bill helps us to achieve those objectives, and I urge its 
support.
  And with that, I yield back the balance of our time.
  Mr. BERMAN. Mr. Speaker, I'm pleased to yield 2 minutes to the 
gentleman from Washington, a former member of the Foreign Affairs 
Committee, Mr. Smith.
  (Mr. SMITH of Washington asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of Washington. I rise in support of this legislation.
  I want to thank Chairman Berman and Ranking Member Ros-Lehtinen for 
their hard work in crafting this compromise and getting a bill that the 
House and Senate can agree on.
  We need to strengthen our relationship with Pakistan. This is a very, 
very difficult part of the world, and this is a very, very difficult 
relationship. But none of that overcomes the basic fact that we need a 
strong relationship with Pakistan for our own national security 
interests. The threat is real, as has been described by a large number 
of my colleagues. The threat from Islamic extremism, through al Qaeda 
and other groups, comes from this region in large part through al 
Qaeda, in large part through the Taliban, and threatens us.
  To defeat that, we need partners in the region. We need a partner in 
Afghanistan. We need a partner in Pakistan. And the good news is 
Pakistan is taking steps in the right direction. As has been mentioned, 
they have stepped up and confronted the violent extremists that 
threatened them and pushed back against them. They are working with us 
to train their forces in counterinsurgency tactics so they can better

[[Page H10121]]

do this, and they have also taken the first basic steps in getting a 
lasting democracy in place. This has been a lengthy challenge for them 
as they have dealt with governance and economic issues, but they have 
made progress.
  They need our help to build on that progress, because if they cannot 
provide a decent government, a decent governance, it makes it all too 
easy for the violent extremists to prey on their failures and recruit 
Pakistanis to their cause. With our support, they can build a better 
economy. They can build the basics of government to provide for their 
people. Without it, they're going have a very, very difficult time 
accomplishing that task. That will be a threat to the region and that 
will be a threat to us.
  This bill shows a commitment from the United States to a long-term 
relationship. For too long, the Pakistanis have felt that we only used 
them for our own interests and then walked away and have been reluctant 
to embrace us, reluctant in some ways to confront the Taliban for fear 
that we will not be there to help them when it is truly needed.
  This bill shows the long-term commitment to the partnership that we 
must have with a Pakistani Government that seems increasingly willing 
to have that partnership.
  I urge support for this legislation.
  Mr. BERMAN. Mr. Speaker, I yield myself the remaining time.
  First, I would like to just pick up on the theme the gentleman from 
Washington just stated. This truly is a bill that is in the interests 
of the American people and the Pakistani people. That's why we're 
talking about authorizing these kinds of funds.
  I can assure you, in the context of a failed state, in the context of 
a victory by the insurgency in Pakistan, the sum total of this bill is 
peanuts compared to the costs to America and to the rest of the world 
in terms of international instability and conflict and war.
  We've come a long way on this legislation. I think we've built a 
broad base of support on a bipartisan basis and with both Houses.
  I particularly want to thank some key people on my staff who have 
worked on this legislation: Jasmeet Ahuja and Daniel Silverberg, as 
well as the other staff members, David Abramowitz and others who have 
worked so hard, and on the minority side, Yleem Poblete. And to Jamie 
McCormick and the others, thank you for all your cooperation and help 
to get to this point.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Berman) that the House suspend the rules 
and pass the bill, S. 1707.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________