[Congressional Record Volume 155, Number 148 (Wednesday, October 14, 2009)]
[Senate]
[Pages S10429-S10431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

             ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 2009

 Mr. KERRY. Mr. President, I ask that my statement and 
accompanying documents submitted this afternoon be printed in the 
Record.
  The documents follow.
  Mr. KERRY. Mr. President, today I wish to discuss S. 1707, the 
``Enhanced Partnership with Pakistan Act of 2009,'' which President 
Obama has committed to signing into law this week. The legislation is a 
result of negotiations between the Senate and House of Representatives 
reconciling our respective bills that passed earlier this summer. The 
final version passed unanimously in both the Senate and the House of 
Representatives, sending a very strong message of the desire of the 
U.S. Congress to strengthen our relationship with the people of 
Pakistan through a long-term pledge of economic and development 
assistance.
  I hope that over time it will fundamentally change America's 
relationship with the people of Pakistan. I especially want to thank my 
colleagues Senator Lugar and Representative Berman for their 
partnership in crafting this bill and their ongoing leadership on this 
issue.
  It is hard to overstate the importance to our national security of 
getting our relationship with Pakistan right. The status quo has not 
brought success, the stakes could not be higher, and we have little 
choice but to think big. That is why the Obama Administration and many 
of us in Congress saw the need for a bold, new strategy for Pakistan.
  The ``Enhanced Partnership with Pakistan Act'' is a centerpiece of 
this new approach, which is why President Obama asked Congress to pass 
the measure. This 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 sustainable economic development, strengthening 
democracy and the rule of law, 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.
  The overall level of economic assistance authorized annually by this 
legislation is tripled over FY 2008 levels, with the bulk of aid 
intended for projects such as schools, roads, medical clinics, and 
infrastructure development. The legislation authorizes $1.5 billion 
annually for fiscal years 2010 to 2014 and recommends an additional 
five years of funding to demonstrate a long-term commitment to the 
people of Pakistan.
  This legislation is an important first step in turning the page in 
our relationship with Pakistan and building mutual trust. It is a prime 
example of ``smart power'' because it uses both economic and security 
aid to achieve an overall effect that is greater than the sum of its 
parts.
  But this bill is not a silver bullet. It provides powerful tools--but 
these tools are only as effective as the policy-makers who wield them. 
We must approach this endeavor with a large dose of humility. Our 
leverage is limited. This bill aims to increase that leverage 
significantly. But we should be realistic about what we can 
accomplish--Americans can influence events in Pakistan, but we cannot 
and should not decide them. Ultimately, the true decision-makers are 
the people and leaders of Pakistan.
  There have been serious concerns in Pakistan in recent days over the 
perceived intent of this bill. We have spoken with Pakistani government 
officials, including Foreign Minister Qureshi and Ambassador Haqqani, 
to make sure we understand the nature of these concerns and to clear up 
any misunderstandings.
  To clear up any lingering confusion and to reiterate Congress' intent 
with respect to this legislation, Chairman Berman and I are submitting 
a ``Joint Explanatory Statement'' for the Congressional Record. The 
purpose of the Joint 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.
  As the Joint Explanatory Statement makes clear, 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.
  The certifications in the Act regarding certain limited forms of 
security assistance track very closely with previous Congressional 
legislation. The conditions set forth in the bill are reasonable and 
should be easy for any nation receiving American aid to meet. They 
align with and reinforce the publicly-articulated positions of the 
democratically-elected Pakistani government and Pakistani military 
leaders. The United States values its friendship with the Pakistani 
people and honors the sacrifices made by Pakistani security forces in 
the fight against extremism.
  Mr. President, I ask to have printed in the Record this Joint 
Explanatory Statement along with letters of support for S. 1707, passed 
and printed in the Record of Thursday, September 24, 2009, from 
Secretary of State Clinton, Secretary of Defense Gates, and Chairman of 
the Joint Chiefs of Staff Admiral Mullen.
  The material follows.

Joint Explanatory Statement--Enhanced Partnership With Pakistan Act of 
                                  2009

            Sen. John F. Kerry and Congressman Howard Berman

       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

[[Page S10430]]

     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.''

       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 U.S. 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 U.S. 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:


[[Page S10431]]


       ``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.
                                  ____



                                       The Secretary of State,

                               Washington, DC, September 29, 2009.
     Hon. Nancy Pelosi, H-232 Capitol Building, Washington, DC.
     Speaker of the House of Representatives,
     Hon. John A. Boehner,
     House of Representatives, H-204 Capitol Building, Washington, 
         DC.
       Dear Madam Speaker and Mr. Republican Leader: I write to 
     express the State Department's strong support of S. 1707, the 
     Enhanced Partnership with Pakistan Act of 2009.
       The bipartisan Enhanced Partnership with Pakistan Act of 
     2009 will be an essential tool in support of our national 
     security interests and underscores a multifaceted, multi-year 
     commitment between the peoples of the United States and 
     Pakistan.
       I appreciate the hard work by many in both the House and 
     the Senate in reaching this reconciled text, and urge its 
     passage as soon as possible.
           Sincerely yours,
     Hillary Rodham Clinton.
                                  ____



                                     The Secretary of Defense,

                               Washington, DC, September 25, 2009.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives, House of 
         Representatives, Washington, DC.
     Hon. Harry Reid,
     Senate Majority Leader,
     U.S. Senate, Washington, DC.
       Dear Madam Speaker and Mr. Majority Leader: As the United 
     States Government continues to implement its strategy to 
     disrupt, dismantle and defeat al Qaeda in Afghanistan and 
     Pakistan, it is important that we strongly signal to the 
     Pakistani people our long-term commitment to partnering with 
     them to combat terrorism and extremism.
       We appreciate that the House and Senate have worked hard to 
     finalize the Enhanced Partnership with Pakistan Act of 2009, 
     a bipartisan bill that would underscore a long-term, multi-
     year commitment to increase civilian assistance to Pakistan.
       The bill as revised addresses the key concerns we 
     previously raised in an April 28, 2009, letter. We 
     appreciated the opportunity to work with your committees on 
     these concerns.
       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.
       The Office of Management and Budget advises that, from the 
     standpoint of the Administration's program, there is no 
     objection to the presentation of this letter.
           Sincerely,
                                                  Robert M. Gates,
                                             Secretary of Defense.
                                                      M.G. Mullen,
     Admiral, U.S. Navy.

                          ____________________