[Congressional Record Volume 155, Number 148 (Wednesday, October 14, 2009)]
[Extensions of Remarks]
[Pages E2531-E2532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REGARDING S. 1707, THE ENHANCING PARTNERSHIP WITH PAKISTAN ACT OF 2009

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                      Wednesday, October 14, 2009

  Mr. BERMAN. Madam Speaker, the following is an explanation of S. 
1707, the Enhanced Partnership with Pakistan Act of 2009. The final 
text of the legislation reflects an agreement reached by the Senate 
Committee on Foreign Relations and the House Committee on Foreign 
Affairs. The purpose of this Explanatory Statement is to facilitate 
accurate interpretation of the text and to ensure faithful 
implementation of its provisions in accordance with the intentions of 
the legislation.
  The core intent of the Enhanced Partnership with Pakistan Act is to 
demonstrate the American people's long-term commitment to the people of 
Pakistan. The United States values its friendship with the Pakistani 
people and honors the great sacrifices made by Pakistani security 
forces in the fight against extremism, and the legislation reflects the 
goals shared by our two governments.
  The legislation does not seek in any way to compromise Pakistan's 
sovereignty, impinge on Pakistan's national security interests, or 
micromanage any aspect of Pakistani military or civilian operations. 
There are no conditions on Pakistan attached to the authorization of 
$7.5 billion in non-military aid. The only requirements on this funding 
are financial accountability measures that Congress is imposing on the 
U.S. executive branch, to ensure that this assistance supports programs 
that most benefit the Pakistani people.


                    Summary of Congressional Intent

  The Enhanced Partnership with Pakistan Act of 2009 (the ``Act'') 
establishes a legislative foundation for a strengthened partnership 
between the United States and Pakistan, based on a shared commitment to 
improving the living conditions of the people of Pakistan through 
strengthening democracy and the rule of law, sustainable economic 
development, and combating terrorism and extremism. It is the intent of 
Congress to strengthen the long-term people-to-people relationship 
between the United States and Pakistan by investing directly in the 
needs of the Pakistani people. This legislation is intended to fortify 
a lasting partnership with Pakistan based on mutual trust.
  The overall level of economic assistance authorized annually by this 
legislation is tripled over FY 2008 U.S. funding levels, with the bulk 
of aid intended for projects such as schools, roads, medical clinics, 
and infrastructure development. The funds directly authorized by this 
Act--$1.5 billion in economic and development assistance annually for 
five years, with a similar amount envisioned for a subsequent five 
years--place no conditions on the Government of Pakistan. The only 
requirements are accountability measures placed on the United States 
executive branch to ensure that the aid directly benefits the Pakistani 
people.
  This Act fully recognizes and respects the independence of Pakistan 
as a sovereign nation. The purpose of this Act is to forge a closer 
collaborative relationship between Pakistan and the United States, not 
to dictate the national policy or impinge on the sovereignty of 
Pakistan in any way. Any interpretation of this Act which suggests that 
the United States does not fully recognize and respect the sovereignty 
of Pakistan would be directly contrary to Congressional intent.
  The certifications in the Act regarding certain limited forms of 
security assistance are consistent with previous Congressional 
legislation regarding security assistance to Pakistan and other 
nations. In all cases, they align with the aims of, and serve to 
reinforce the publicly-articulated positions of, the democratically-
elected Government of Pakistan, and Pakistani military leaders, to 
combat extremists and militants.


  Sections 1-4: Strengthening a Relationship Founded on Mutual Respect

  Sections 1-4 establish the framework and context for the legislative 
provisions that follow. The Findings and the Statement of Principles 
demonstrate an unequivocal appreciation for the friendship of the 
Pakistani people, and for the sacrifices made by the Pakistani security 
forces and people in fighting extremism. The Findings in Section 3 
include:

       Section 3(1): ``Congress finds the following: 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.''
       Section 3(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. 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.''

  The Statement of Principles in Section 4 include:

       Section 4(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.''
       Section 4(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 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.''


 Title I: Democratic, Economic and Development Assistance for Pakistan

  This Title contains the core intention of this legislation: To make a 
long-term commitment to the people of Pakistan by tripling non-military 
assistance, free of any conditions on the Pakistani government. The 
purposes set forth for the $7.5 billion that is authorized here are all 
intended to reflect the expressed priorities of the Pakistani people. 
Specifically, Section 101(a) provides that:

       ``The President is authorized to provide assistance to 
     Pakistan to support the consolidation of democratic 
     institutions; to support the expansion of rule of law, build 
     the capacity of government institutions, and promote respect 
     for internationally-recognized human rights; to promote 
     economic freedoms and sustainable economic development; to 
     support investment in people, including those displaced in 
     on-going counterinsurgency operations; and to strengthen 
     public diplomacy.''


[[Page E2532]]


  The funds authorized under Title I are intended to be used to work 
with and benefit Pakistani organizations. Specifically, Section 
101(c)(3) provides that:

       ``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''

  Section 102(a) makes clear that there are no conditions placed on the 
Pakistani government for delivery of the $7.5 billion in assistance. 
The only accounting requirements are of the U.S. executive branch.
  Section 102(d) makes clear that a long term commitment to increased 
civilian assistance for the people of Pakistan is envisioned by stating 
that it is the desire of Congress that the amounts authorized for 
fiscal years 2010-2014 shall continue from fiscal years 2015-2019.
  Section 103(b) authorizes establishment of field offices for 
Inspectors General to audit and oversee expenditure of this assistance. 
It is the intent of Congress that such offices would be established in 
consultation with appropriate Pakistani authorities for the purpose of 
ensuring optimal management of resources.


               Title II: Security Assistance for Pakistan

  The intention of this section is to strengthen cooperative efforts to 
confront extremism. The purposes of security assistance are intended to 
be completely cooperative, and reflect the intention that such 
assistance be used to support Pakistan in achieving its stated 
objectives in winning the ongoing counterinsurgency, defeating 
terrorist organizations that threaten Pakistan, and strengthening 
democratic institutions. Specifically, Section 201(1) ``Purposes of 
Assistance'' states that:

       ``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 . . . .''

  The provisions applied to certain limited portions of U.S. security 
assistance in Section 203 are intended to be fully in line with the 
existing policy of the Government of Pakistan. Specifically, Section 
203(c)(1) reflects our understanding that cooperative efforts currently 
being undertaken by the Governments of Pakistan and the United States 
to combat proliferation will continue.
  Section 203(c)(2) reflects the intent that U.S. security assistance 
is used in furtherance of the purposes set forth in Section 201 above, 
e.g., ensuring Pakistan's security, winning the counterinsurgency 
within Pakistan, preventing territory from being used for terrorist 
attacks in Pakistan and elsewhere, and coordinating action against 
extremist and terrorist targets. This section requires a certification 
by the United States executive branch to Congress regarding the efforts 
and progress made in achieving these purposes, and includes a series of 
factors to be considered collectively by the Secretary of State in 
making this assessment.
  Section 203(c)(3)includes a provision intended to express support for 
democratic institutions in Pakistan.
  Section 203(e) contains a waiver making clear that this certification 
could be waived if the determination is made by the Secretary of State 
in the interests of national security that this was necessary to 
continue such assistance.


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

  The intention of this section is to ensure that there is transparency 
and accountability in the way authorized assistance is spent. This 
Title requires the U.S. executive branch to provide various reports to 
Congress designed to demonstrate that funds are being used for the 
purposes set forth in Title I and Title II; there are no requirements 
on the Government of Pakistan.
  Section 301 ``Strategy Reports'' requires three reports from the 
United States executive branch that detail a plan for how U.S. 
assistance to Pakistan will be spent and evaluated and a regional 
security plan for how the United States can best work with its partners 
for ``effective counterinsurgency and counterterrorism efforts.''
  Section 302 ``Monitoring Reports'' reflects the need for ongoing 
consultation between the U.S executive branch and Congress on 
monitoring U.S. assistance to Pakistan, including a ``Semi-Annual 
Monitoring Report'' where:

       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 many requirements of this report are intended as a way for 
Congress to assess how effectively U.S. funds are being spent, 
shortfalls in U.S. resources that hinder the use of such funds, and 
steps the Government of Pakistan has taken to advance our mutual 
interests in countering extremism and nuclear proliferation and 
strengthening democratic institutions.
  There is no intent to, and nothing in this Act in any way suggests 
that there should be, any U.S. role in micromanaging internal Pakistani 
affairs, including the promotion of Pakistani military officers or the 
internal operations of the Pakistani military.
  The reports envisioned in this Section are not binding on Pakistan, 
and require only the provision of information by the executive branch 
to the U.S. Congress, in furtherance of the Act's stated purpose of 
strengthening civilian institutions and the democratically-elected 
Government of Pakistan.

                          ____________________