[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 16049-16056]
[From the U.S. Government Publishing Office, www.gpo.gov]




             ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 2009

  Mr. REID. I ask unanimous consent the Senate proceed to Calendar No. 
85, S. 962.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 962) to authorize appropriations for fiscal 
     years 2009 through 2013 to promote an enhanced strategic 
     partnership with Pakistan and its people, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported by the Committee on Foreign Relations, with 
amendments.
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                 S. 962

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Enhanced Partnership with 
     Pakistan Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The people of Pakistan and the United States have a 
     long history of friendship and comity, and the interests of 
     both nations are well-served by strengthening and deepening 
     this friendship.
       (2) In February 2008, the people of Pakistan elected a 
     civilian government, reversing years of political tension and 
     mounting popular concern over governance and their own 
     democratic reform and political development.
       (3) A democratic, moderate, modernizing Pakistan would 
     represent the wishes of the Pakistani people and serve as a 
     model to other countries around the world.
       (4) Economic growth is a fundamental foundation for human 
     security and national stability in Pakistan, a country with 
     over 175,000,000 people, an annual population growth rate of 
     2 percent, and a ranking of 136 out of 177 countries in the 
     United Nations Human Development Index.
       (5) Pakistan is a major non-NATO ally of the United States 
     and has been a valuable partner in the battle against al 
     Qaeda and the Taliban, but much more remains to be 
     accomplished by both nations.
       (6) The struggle against al Qaeda, the Taliban, and 
     affiliated terrorist groups has led to the deaths of several 
     thousand Pakistani civilians and members of the security 
     forces of Pakistan over the past 7 years.
       (7) Since the terrorist attacks of September 11, 2001, more 
     al Qaeda terrorist suspects have been apprehended in Pakistan 
     than in any other country, including Khalid Sheikh Muhammad, 
     Ramzi bin al-Shibh, and Abu Faraj al-Libi.
       (8) Despite the sacrifices and cooperation of the security 
     forces of Pakistan, the top leadership of al Qaeda, as well 
     as the leadership and rank-and-file of affiliated terrorist 
     groups, are believed to be using Pakistan's Federally 
     Administered Tribal Areas (FATA) and parts of the North West 
     Frontier Province (NWFP) and Balochistan as a haven and a 
     base from which to organize terrorist actions in Pakistan and 
     globally, including--
       (A) attacks outside of Pakistan that have been attributed 
     to groups with Pakistani connections, including--
       (i) the suicide car bombing of the Indian embassy in Kabul, 
     Afghanistan, which killed 58 people on June 7, 2008; and
       (ii) the massacre of approximately 165 people in Mumbai, 
     India, including 6 United States citizens, in late November 
     2008; and
       (B) attacks within Pakistan, including--
       (i) an attack on the visiting Sri Lankan cricket team in 
     Lahore on March 3, 2009;
       (ii) an attack at the Marriott hotel in Islamabad on 
     September 9, 2008;
       (iii) the bombing of a political rally in Karachi on 
     October 18, 2007;
       (iv) the targeting and killing of dozens of tribal, 
     provincial, and national holders of political office;
       (v) an attack by gunfire on the U.S. Principal Officer in 
     Peshawar in August 2008; and
       (vi) the brazen assassination of former Prime Minister 
     Benazir Bhutto on December 27, 2007.
       (9) In the 12-month period ending on the date of the 
     enactment of this Act, Pakistan's security forces have 
     struggled to contain a Taliban-backed insurgency that has 
     spread from FATA into settled areas, including the Swat 
     Valley and other parts of NWFP and Balochistan. This struggle 
     has taken the lives of more than 1,500 police and military 
     personnel and left more than 3,000 wounded.
       (10) On March 27, 2009, President Obama noted, ``Multiple 
     intelligence estimates have warned that al Qaeda is actively 
     planning attacks on the U.S. homeland from its safe-haven in 
     Pakistan.''.
       (11) According to a Government Accountability Office Report 
     (GAO-08-622), ``since 2003, the administration's national 
     security strategies and Congress have recognized that a 
     comprehensive plan that includes all elements of national 
     power--diplomatic, military, intelligence, development 
     assistance, economic, and law enforcement support--was needed 
     to address the terrorist threat emanating from the FATA'' and 
     that such a strategy was also mandated by section 7102(b)(3) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458; 22 U.S.C. 2656f note) and section 
     2042(b)(2) of the Implementing the Recommendations of the 9/
     11 Commission Act of 2007 (Public Law 110-53; 22 U.S.C. 2375 
     note).
       (12) In the past year, the people of Pakistan have been 
     especially hard hit by rising food and commodity prices and 
     severe energy shortages, with two-thirds of the population 
     living on less than $2 a day and one-fifth of the population 
     living below the poverty line according to the United Nations 
     Development Program.
       (13) The people of Pakistan and the United States share 
     many compatible goals, including--
       (A) combating terrorism and violent radicalism, both inside 
     Pakistan and elsewhere;
       (B) solidifying democracy and the rule of law in Pakistan;
       (C) promoting the economic development of Pakistan, both 
     through the building of infrastructure and the facilitation 
     of increased trade;
       (D) promoting the social and material well-being of 
     Pakistani citizens, particularly through development of such 
     basic services as public education, access to potable water, 
     and medical treatment; and
       (E) safeguarding the peace and security of South Asia, 
     including by facilitating peaceful relations between Pakistan 
     and its neighbors.
       (14) According to consistent opinion research, including 
     that of the Pew Global Attitudes Survey (December 28, 2007) 
     and the International Republican Institute (January 29, 
     2008), many people in Pakistan have historically viewed the 
     relationship between the United States and Pakistan as a 
     transactional one, characterized by a heavy emphasis on 
     security issues with little attention to other matters of 
     great interest to citizens of Pakistan.
       (15) The election of a civilian government in Pakistan in 
     February 2008 provides an opportunity, after nearly a decade 
     of military-dominated rule, to place relations between 
     Pakistan and the United States on a new and more stable 
     foundation.
       (16) Both the Government of Pakistan and the United States 
     Government should seek to enhance the bilateral relationship 
     through additional multi-faceted engagement in order to 
     strengthen the foundation for a consistent and reliable long-
     term partnership between the two countries.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations and Foreign Relations of the Senate and the 
     Committees on Appropriations and Foreign Affairs of the House 
     of Representatives.
       (2) Counterinsurgency.--The term ``counterinsurgency'' 
     means efforts to defeat organized movements that seek to 
     overthrow the

[[Page 16050]]

     duly constituted Governments of Pakistan and Afghanistan 
     through violent means.
       (3) Counterterrorism.--The term ``counterterrorism'' means 
     efforts to combat al Qaeda and other foreign terrorist 
     organizations that are designated by the Secretary of State 
     in accordance with section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189), or other individuals and 
     entities engaged in terrorist activity or support for such 
     activity.
       (4) FATA.--The term ``FATA'' means the Federally 
     Administered Tribal Areas of Pakistan.
       (5) NWFP.--The term ``NWFP'' means the North West Frontier 
     Province of Pakistan, which has Peshawar as its provincial 
     capital.
       (6) Pakistan-afghanistan border areas.--The term 
     ``Pakistan-Afghanistan border areas'' includes the Pakistan 
     regions known as NWFP, FATA, and parts of Balochistan in 
     which the Taliban or Al Qaeda have traditionally found 
     refuge.
       (7) Security-related assistance.--The term ``security-
     related assistance'' means--
       (A) grant assistance to carry out section 23 of the Arms 
     Export Control Act (22 U.S.C. 2763);
       (B) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.);
       (C) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
       (D) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456); and
       (E) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368).
       (8) Security forces of pakistan.--The term ``security 
     forces of Pakistan'' means the military and intelligence 
     services of the Government of Pakistan, including the Armed 
     Forces, Inter-Services Intelligence Directorate, Intelligence 
     Bureau, police forces, levies, Frontier Corps, and Frontier 
     Constabulary.
       (9) Major defense equipment.--The term ``major defense 
     equipment'' has the meaning given in section 47(6) of the 
     Arms Export Control Act (22 U.S.C. 2794(6)).

     SEC. 4. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to support the consolidation of democracy, good 
     governance, and rule of law in Pakistan;
       (2) to support economic growth and development in order to 
     promote stability and security across Pakistan;
       (3) to affirm and build a sustained, long-term, 
     multifaceted relationship with Pakistan;
       (4) to further the sustainable economic development of 
     Pakistan and the improvement of the living conditions of its 
     citizens, including in the Federally Administered Tribal 
     Areas, by expanding United States bilateral engagement with 
     the Government of Pakistan, especially in areas of direct 
     interest and importance to the daily lives of the people of 
     Pakistan;
       (5) to work with Pakistan and the countries bordering 
     Pakistan to facilitate peace in the region and harmonious 
     relations between the countries of the region;
       (6) to work with the Government of Pakistan to prevent any 
     Pakistani territory from being used as a base or conduit for 
     terrorist attacks in Pakistan, Afghanistan, India, or 
     elsewhere in the world;
       (7) to work in close cooperation with the Government of 
     Pakistan to coordinate military, paramilitary, and police 
     action against terrorist targets;
       (8) to work with the Government of Pakistan to help bring 
     peace, stability, and development to all regions of Pakistan, 
     especially those in the Pakistan-Afghanistan border areas, 
     including support for an effective counterinsurgency 
     strategy;
       (9) to expand people-to-people engagement between the 
     United States and Pakistan, through increased educational, 
     technical, and cultural exchanges and other methods[; and];
       (10) to encourage and promote public-private partnerships 
     in Pakistan in order to bolster ongoing development efforts 
     and strengthen economic prospects, especially with respect to 
     opportunities to build civic responsibility and professional 
     skills of the people of Pakistan[.]; and
       (11) to encourage the development of local analytical 
     capacity to measure progress on an integrated basis across 
     the areas of donor country expenditure in Pakistan, and 
     better hold the Government of Pakistan accountable for how 
     the funds are being spent. 

     SEC. 5. AUTHORIZATION OF FUNDS.

       (a) Authorization.--There are authorized to be appropriated 
     to the President, for the purposes of providing assistance to 
     Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), the following amounts:
       (1) For fiscal year 2009, up to $1,500,000,000.
       (2) For fiscal year 2010, up to $1,500,000,000.
       (3) For fiscal year 2011, up to $1,500,000,000.
       (4) For fiscal year 2012, up to $1,500,000,000.
       (5) For fiscal year 2013, up to $1,500,000,000.
       (b) Availability of [Funds.--Of the amounts] Funds.--
       (1) In general.--Of the funds appropriated in each fiscal 
     year pursuant to the authorization of appropriations in 
     subsection (a)--
       [(1) none of the amounts]
       (A) none of the amounts appropriated may be made available 
     after the date of the enactment of this Act for assistance to 
     Pakistan unless the Pakistan Assistance Strategy Report has 
     been submitted to the appropriate congressional committees in 
     accordance with subsection (j); and
       [(2) not more than $750,000,000]
       (B) not more than $750,000,000 may be made available for 
     assistance to Pakistan in any fiscal year after 2009 unless 
     the President's Special Representative to Afghanistan and 
     Pakistan submits to the appropriate congressional committees 
     during that fiscal year--
       [(A) a certification]
       (i) a certification that assistance provided to Pakistan 
     under this Act to date has made or is making substantial 
     progress toward achieving the principal objectives of United 
     States assistance to Pakistan contained in the Pakistan 
     Assistance Strategy Report pursuant to subsection (j)(1); and
       [(B) a memorandum]
       (ii) a memorandum explaining the reasons justifying the 
     certification described in [subsection (A)]clause (i).
       [(c) Maker of Certification.--In the event]
       (2) Maker of certification.--In the event of a vacancy in, 
     or the termination of, the position of the President's 
     Special Representative to Afghanistan and Pakistan, the 
     certification described under [subsection (b)(2)]paragraph 
     (1)(B) may be made by the Secretary of State.
       (c) Waiver.--The Secretary of State may waive the 
     limitations in subsection (b) if the Secretary determines, 
     and certifies to the appropriate congressional committees, 
     that it is in the national security interests of the United 
     States to provide such waiver.
       (d) Sense of Congress on Foreign Assistance Funds.--It is 
     the sense of Congress that, subject to an improving political 
     and economic climate in Pakistan, there should be authorized 
     to be appropriated up to $1,500,000,000 per year for fiscal 
     years 2014 through 2018 for the purpose of providing 
     assistance to Pakistan under the Foreign Assistance Act of 
     1961.
       (e) Sense of Congress on Security-related Assistance.--It 
     is the sense of Congress that security-related assistance to 
     the [Government of Pakistan should be provided in close 
     coordination with the Government of Pakistan, designed to 
     improve the Government's capabilities in areas of mutual 
     concern, and maintained at a level that will bring 
     significant gains in pursuing the policies set forth in 
     paragraphs (6), (7), and (8) of section 4.]Government of 
     Pakistan--
       (1) should be provided in close coordination with the 
     Government of Pakistan, designed to improve the Government's 
     capabilities in areas of mutual concern, and maintained at a 
     level that will bring significant gains in pursuing the 
     policies set forth in paragraphs (6), (7), and (8) of section 
     4; and
       (2) should be geared primarily toward bolstering the 
     counter-insurgency capabilities of the Government to 
     effectively defeat the Taliban-backed insurgency and deny 
     popular support to al Qaeda and other foreign terrorist 
     organizations that are based in Pakistan. 
       (f) Use of Funds.--
       (1) In general.--Funds appropriated pursuant to subsection 
     (a) shall be used for projects intended to benefit the people 
     of Pakistan, including projects that promote--
       (A) just and democratic governance, including--
       (i) police reform, equipping, and training;
       (ii) independent, efficient, and effective judicial 
     systems;
       (iii) political pluralism, equality, and the rule of law;
       (iv) respect for human and civil rights and the promotion 
     of an independent media;
       (v) transparency and accountability of all branches of 
     government and judicial proceedings;
       (vi) anticorruption efforts among bureaucrats, elected 
     officials, and public servants at all levels of military and 
     civilian government [administration; and
       [(vii) countering the narcotics trade;] administration;
       (vii) countering the narcotics trade; and
       (viii) the implementation of legal and political reforms in 
     the FATA;
       (B) economic freedom, including--
       (i) sustainable economic growth, including in rural areas, 
     and the sustainable management of natural resources;
       (ii) investments in energy and water, including energy 
     generation and cross-border infrastructure projects with 
     Afghanistan;
       (iii) employment generation, including essential basic 
     infrastructure projects such as roads and irrigation projects 
     and other physical infrastructure; and
       (iv) worker rights, including the right to form labor 
     unions and legally enforce provisions safeguarding the rights 
     of workers and local community stakeholders[; and];
       (C) investments in people, particularly women and children, 
     including--
       (i) broad-based public primary and secondary education and 
     vocational training for both boys and girls;
       (ii) food security and agricultural development to ensure 
     food staples and other crops

[[Page 16051]]

     that provide economic growth and income opportunities in 
     times of severe shortage;
       (iii) quality public health, including medical clinics with 
     well trained staff serving rural and urban [communities; and
       (iv) higher education] communities;
       (iv) vocational training for women and access to 
     microfinance for small business establishment and income 
     generation for women; and
       (v) higher education to ensure a breadth and consistency of 
     Pakistani graduates to prepare citizens to help strengthen 
     the foundation for improved governance and economic vitality, 
     including through public-private partnerships[.]; and
       (D) long-term development in regions of Pakistan where 
     internal conflict has caused large-scale displacement. 
       (2) Funding for police reform, equipping, and training.--Up 
     to $100,000,000 of the funds appropriated pursuant to 
     subsection (a) should be used for police reform, equipping, 
     and training.
       (g) Preference for Building Local Capacity.--The President 
     is encouraged, as appropriate, to utilize Pakistani firms and 
     community and local nongovernmental organizations in 
     Pakistan, including through host country contacts, and to 
     work with local leaders to provide assistance under this 
     section.
       (h) Authority To Use Funds for Operational and Audit 
     Expenses.--
       (1) In general.--Of the amounts appropriated for a fiscal 
     year pursuant to subsection (a)--
       (A) up to $10,000,000 may be used for administrative 
     expenses of Federal departments and agencies in connection 
     with the provision of assistance authorized by this section;
       (B) up to [$20,000,000]$30,000,000 may be made available to 
     the Inspectors General of the Department of State, the United 
     States Agency for International Development, and other 
     relevant Executive branch agencies in order to provide audits 
     and program reviews of projects funded pursuant to this 
     section; and
       (C) up to $5,000,000 may be used by the Secretary to 
     establish a Chief of Mission Fund for use by the Chief of 
     Mission in Pakistan to provide assistance to Pakistan under 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     to address urgent needs or opportunities, consistent with the 
     purposes outlined in subsection (f) or for purposes of 
     humanitarian relief.
       (2) Authority in addition to existing amounts.--The amounts 
     authorized under subparagraphs (A) and (B) of paragraph (1) 
     to be used for the purposes described in such subparagraphs 
     are in addition to other amounts that are available for such 
     purposes.
       (i) Use of Funds.--Amounts appropriated or otherwise made 
     available to carry out this section shall be utilized to the 
     maximum extent possible as direct expenditures for projects 
     and programs, subject to existing reporting and notification 
     requirements.
       (j) Pakistan Assistance Strategy Report.--Not later than 
     [30 days]45 days after the date of enactment of this Act, or 
     September 15, 2009, whichever date comes later, the 
     [President] Secretary of State shall submit to the 
     appropriate congressional committees a report describing 
     United States policy and strategy with respect to assistance 
     to Pakistan. The report shall include--
       (1) a description of the principal objectives of United 
     States assistance to Pakistan to be provided under this Act;
       (2) the amounts of funds authorized to be appropriated 
     under subsection (a) proposed to be allocated to programs or 
     projects designed to achieve each of the purposes of 
     assistance listed in subsection (f);
       (3) a description of the specific projects and programs for 
     which amounts authorized to be appropriated pursuant to 
     subsection (a) are proposed to be allocated;
       (4) a list of [criteria to be used to measure the 
     effectiveness of projects described under subsection (f), 
     including a systematic, qualitative basis]criteria and 
     benchmarks to be used to measure the effectiveness of 
     projects described under subsection (f), including a 
     systematic, qualitative, and where possible, quantitative 
     basis for assessing whether desired outcomes are achieved and 
     a timeline for completion of each project and program;
       (5) a description of the role to be played by Pakistani 
     national, regional, and local officials and members of 
     Pakistani civil society and local private sector, civic, 
     religious, and tribal leaders in helping to identify and 
     implement programs and projects for which assistance is to be 
     provided under this Act, and of consultations with [such 
     officials] such representatives in developing the strategy[; 
     and];
       (6) a description of all amounts made available for 
     assistance to Pakistan during fiscal year 2009 prior to 
     submission of the report, including a description of each 
     project or program for which funds were made available and 
     the amounts allocated to each such program or project[.];
       (7) a description of the steps taken, or to be taken, to 
     ensure assistance provided under this Act is not awarded to 
     individuals or entities affiliated with terrorist 
     organizations; and
       (8) a projection of the levels of assistance to be provided 
     to Pakistan under this Act, broken down into the following 
     categories as described in the annual ``Report on the 
     Criteria and Methodology for Determining the Eligibility of 
     Candidate Countries for Millennium Challenge Account 
     Assistance'':
       (A) Civil liberties.
       (B) Political rights.
       (C) Voice and accountability.
       (D) Government effectiveness.
       (E) Rule of law.
       (F) Control of corruption.
       (G) Immunization rates.
       (H) Public expenditure on health.
       (I) Girls' primary education completion rate.
       (J) Public expenditure on primary education.
       (K) Natural resource management.
       (L) Business start-up.
       (M) Land rights and access.
       (N) Trade policy.
       (O) Regulatory quality.
       (P) Inflation control.
       (Q) Fiscal policy. 
       (k) Notification Requirements.--
       (1) Notice of assistance for budget support.--The President 
     shall notify the appropriate congressional committees not 
     later than 15 days before obligating any assistance under 
     this section as budgetary support to the Government of 
     Pakistan or any element of such Government and shall describe 
     the purpose and conditions attached to any such budgetary 
     support.
       (2) Semiannual report.--Not later than 90 days after the 
     submission of the Pakistan Assistance Strategy Report 
     pursuant to subsection (j), and every 180 days thereafter, 
     the [President] Secretary of State shall submit a report to 
     the appropriate congressional committees that describes the 
     assistance provided under this section. The report shall 
     include--
       (A) a description of all assistance provided pursuant to 
     this Act since the submission of the last report, including 
     each program or project for which assistance was provided and 
     the amount of assistance provided for each program or 
     project;
       (B) a description of all assistance provided pursuant to 
     this Act, including--
       (i) the total amount of assistance provided for each of the 
     purposes described in subsection (f); and
       (ii) the total amount of assistance allocated to programs 
     or projects in each region in Pakistan;
       (C) a list of persons or entities from the United States or 
     other countries that have received funds in excess of 
     [$250,000]$100,000 to conduct projects under this section 
     during the period covered by the report, which may be 
     included in a classified annex, if necessary to avoid a 
     security risk, and a justification for the classification;
       (D) an assessment of the effectiveness of assistance 
     provided pursuant to this Act during the period covered by 
     the report in achieving desired objectives and outcomes, 
     measured on the basis of the criteria contained in the 
     Pakistan Assistant Strategy Report pursuant to subsection 
     (j)(4);
       (E) a description of--
       (i) the programs and projects for which amounts 
     appropriated pursuant to subsection (a) are proposed to be 
     allocated during the 180-day period after the submission of 
     the report;
       (ii) the relationship of such programs and projects to the 
     purposes of assistance described in subsection (f); and
       (iii) the amounts proposed to be allocated to each such 
     program or project;
       (F) a description of any shortfall in United States 
     financial, physical, technical, or human resources that 
     hinder the effective use and monitoring of such funds;
       (G) a description of any negative impact, including the 
     absorptive capacity of the region for which the resources are 
     intended, of United States bilateral or multilateral 
     assistance and recommendations for modification of funding, 
     if any;
       (H) any incidents or reports of waste, fraud, and abuse of 
     expenditures under this section;
       (I) the amount of funds appropriated pursuant to subsection 
     (a) that were used during the reporting period for 
     administrative expenses or for audits and program reviews 
     pursuant to the authority under [subsection (h); and] 
     subsection (h);
       (J) a description of the expenditures made from any Chief 
     of Mission Fund established pursuant to subsection (h)(3) 
     during the period covered by the report, the purposes for 
     which such expenditures were made, and a list of the 
     recipients of any expenditures from the Chief of Mission Fund 
     in excess of $10,000[.]; and
       (K) an accounting of assistance provided to Pakistan under 
     this Act, broken down into the categories set forth in 
     subsection (j)(8). 
       (l) Government Accountability Office Report.--Not later 
     than one year after the submission of the Pakistan Assistance 
     Strategy Report under subsection (j), and annually 
     thereafter, the Comptroller General of the United States 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) a review of, and comments addressing, the Pakistan 
     Assistance Strategy Report; and
       (2) recommendations relating to any additional actions the 
     Comptroller General believes could help improve the 
     efficiency and effectiveness of United States efforts to meet 
     the objectives of this Act.
       (m) Sense of Congress on Funding of Priorities.--It is the 
     sense of Congress that, as

[[Page 16052]]

     a general principle, the Government of Pakistan should 
     allocate a greater portion of its budget to the recurrent 
     costs associated with education, health, and other priorities 
     described in this section.
       (n) Consultation Requirement.--The President shall consult 
     the appropriate congressional committees on the strategy in 
     subsection (j), including criteria and benchmarks developed 
     under paragraph (4) of such subsection, not later than 15 
     days before obligating any assistance under this section.

     SEC. 6. LIMITATION ON CERTAIN ASSISTANCE.

       (a) Limitation on Certain Military Assistance.--Beginning 
     in fiscal year 2010, no grant assistance to carry out section 
     23 of the Arms Export Control Act (22 U.S.C. 2763) and no 
     assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) may be 
     provided to Pakistan in a fiscal year until the Secretary of 
     State makes the certification required under subsection (c).
       (b) Limitation on Arms Transfers.--Beginning in fiscal year 
     2012, no letter of offer to sell major defense equipment to 
     Pakistan may be issued pursuant to the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.) and no license to export major 
     defense equipment to Pakistan may be issued pursuant to such 
     Act in a fiscal year until the Secretary of State makes the 
     certification required under subsection (c).
       (c) Certification.--The certification required by this 
     subsection is a certification to the appropriate 
     congressional committees by the Secretary of State, after 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, that the security forces of 
     Pakistan--
       (1) are making concerted [and consistent] efforts to 
     prevent al Qaeda and associated terrorist groups, including 
     Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the 
     territory of Pakistan;
       (2) are making concerted [and consistent] efforts to 
     prevent the Taliban and associated militant groups from using 
     the territory of Pakistan as a sanctuary from which to launch 
     attacks within Afghanistan; and
       (3) are not materially interfering in the political or 
     judicial processes of Pakistan.
       (d) Waiver.--The Secretary of State may waive the 
     limitations in subsections (a) and (b) if the Secretary 
     determines it is important to the national security interests 
     of the United States to provide such waiver.
       (e) Prior Notice of Waiver.--A waiver pursuant to 
     subsection (d) may not be exercised until 15 days after the 
     Secretary of State provides to the appropriate congressional 
     committees written notice of the intent to issue such waiver 
     and the reasons therefor. The notice may be submitted in 
     classified or unclassified form, as necessary.
       (f) Annual Report.--The Secretary of State, after 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit to the appropriate 
     congressional committees an annual report on the progress of 
     the security forces of Pakistan in satisfying the 
     requirements enumerated in subsection (c). The Secretary of 
     State shall establish detailed, specific requirements and 
     metrics for evaluating the progress in satisfying these 
     requirements and apply these requirements and metrics 
     consistently in each annual report. This report may be 
     submitted in classified or unclassified form, as necessary.

     SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.

       It is the sense of Congress that--
       (1) Coalition Support Funds are critical components of the 
     global fight against terrorism, and in Pakistan provide 
     essential support for--
       (A) military operations of the Government of Pakistan to 
     destroy the terrorist threat and close the terrorist safe 
     haven, known or suspected, in the FATA, the NWFP, and other 
     regions of Pakistan; and
       (B) military operations of the Government of Pakistan to 
     protect United States and allied logistic operations in 
     support of Operation Enduring Freedom in Afghanistan;
       (2) despite the broad discretion Congress granted the 
     Secretary of Defense in terms of managing Coalition Support 
     Funds, the Pakistan reimbursement claims process for 
     Coalition Support Funds requires increased oversight and 
     accountability, consistent with the conclusions of the June 
     2008 report of the United States Government Accountability 
     Office (GAO-08-806);
       (3) in order to ensure that this significant United States 
     effort in support of countering terrorism in Pakistan 
     effectively ensures the intended use of Coalition Support 
     Funds, and to avoid redundancy in other security assistance 
     programs, such as Foreign Military Financing and Foreign 
     Military Sales, more specific guidance should be generated, 
     and accountability delineated, for officials associated with 
     oversight of this program within the United States Embassy in 
     Pakistan, the United States Central Command, the Department 
     of Defense, the Department of State, and the Office of 
     Management and Budget; and
       (4) the Secretary of Defense should submit to the 
     appropriate congressional committees and the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a semiannual report on the use of Coalition Support Funds, 
     which may be submitted in classified or unclassified form as 
     necessary.

     SEC. 8. PAKISTAN-AFGHANISTAN BORDER AREAS STRATEGY.

       (a) Development of Comprehensive Strategy.--The Secretary 
     of State, in consultation with the Secretary of Defense, the 
     Director of National Intelligence, and such other government 
     officials as may be appropriate, shall develop a 
     comprehensive, cross-border strategy that includes all 
     elements of national power--diplomatic, military, 
     intelligence, development assistance, humanitarian, law 
     enforcement support, and strategic communications and 
     information technology--for working with the Government of 
     Pakistan, the Government of Afghanistan, NATO, and other 
     like-minded allies to best implement effective 
     counterterrorism and counterinsurgency measurers in and near 
     the Pakistan-Afghanistan border areas.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a detailed 
     description of a comprehensive strategy for counterterrorism 
     and counterinsurgency in the Pakistan-Afghanistan border 
     areas containing the elements specified in subsection (a) and 
     proposed timelines and budgets for implementing the strategy.

     SEC. 9. SENSE OF CONGRESS.

       It is the sense of Congress that the United States should--
       (1) recognize the bold political steps the Pakistan 
     electorate has taken during a time of heightened sensitivity 
     and tension in 2007 and 2008 to elect a new civilian 
     government, as well as the continued quest for good 
     governance and the rule of law under the elected government 
     in 2008 and 2009;
       (2) seize this strategic opportunity in the interests of 
     Pakistan as well as in the national security interests of the 
     United States to expand its engagement with the Government 
     and people of Pakistan in areas of particular interest and 
     importance to the people of Pakistan;
       (3) continue to build a responsible and reciprocal security 
     relationship taking into account the national security 
     interests of the United States as well as regional and 
     national dynamics in Pakistan to further strengthen and 
     enable the position of Pakistan as a major non-NATO ally[; 
     and];
       (4) seek ways to strengthen our countries' mutual 
     understanding and promote greater insight and knowledge of 
     each other's social, cultural and historical diversity 
     through personnel exchanges and support for the establishment 
     of institutions of higher learning with international 
     accreditation[.]; and
       (5) explore means to consult with and utilize the relevant 
     expertise and skills of the Pakistani-American community.

     SEC. 10. TERM OF YEARS.

       With the exception of subsections (b)(1)(B), (j), (k), and 
     (l) of section 5, this Act shall remain in force after 
     September 30, 2013. 
  Mr. CARDIN. Mr. President, I am pleased the Senate is considering S. 
962, the Enhanced Partnership with Pakistan Act. I would like to 
commend Senator Kerry and Senator Lugar--the chairman and ranking 
member of the Foreign Relations Committee, respectively for introducing 
this important legislation and working to achieve its passage. I am 
proud to cosponsor this bill.
  Pakistan's stability is of vital strategic importance to the United 
States of America. A nuclear-armed nation, Pakistan is also home to 
Taliban and al-Qaida militants who have taken countless innocent lives 
in their quest to impose an extremist vision on the world. We must 
support the Government of Pakistan as it confronts the threat of 
violent extremism, and we must support the people of Pakistan to enable 
them to resist extremist threats. Reports indicate over 2 million 
Pakistanis have been displaced following Taliban advances in recent 
months. This humanitarian crisis is compounded by fundamental problems 
of widespread poverty and underdevelopment. The United Nations 
Development Program reports two-thirds of Pakistan's population live on 
less than $2 a day. America's efforts in Pakistan must empower 
Pakistanis to improve their living conditions and resist propaganda 
campaigns by extremist groups. The Enhanced Partnership with Pakistan 
Act is an essential effort in accomplishing this mission.
  America's relationship with Pakistan has too often relied on military 
aid and not enough on promoting a deeper, long-term strategic 
engagement with the Pakistani people. The Enhanced Partnership with 
Pakistan Act is intended to transform this relationship. The bill calls 
for a tripling of nonmilitary aid to Pakistan and conditions assistance 
of the United States on Pakistan's continued progress and achievement 
of benchmarks. In these difficult economic times, we must ensure 
taxpayer dollars are spent wisely.

[[Page 16053]]

The Enhanced Partnership with Pakistan Act requires the President to 
submit regular reports to Congress to ensure this is the case, and 
resources have the desired impact.
  I look forward to continuing to build our relationship with the 
people of Pakistan as we tackle shared challenges and explore shared 
opportunities.
  Mr. REID. I ask unanimous consent the committee-reported amendments 
be agreed to, the bill as amended be read three times, passed, the 
motion to reconsider be laid on the table, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 962), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 962

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Enhanced Partnership with 
     Pakistan Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The people of Pakistan and the United States have a 
     long history of friendship and comity, and the interests of 
     both nations are well-served by strengthening and deepening 
     this friendship.
       (2) In February 2008, the people of Pakistan elected a 
     civilian government, reversing years of political tension and 
     mounting popular concern over governance and their own 
     democratic reform and political development.
       (3) A democratic, moderate, modernizing Pakistan would 
     represent the wishes of the Pakistani people and serve as a 
     model to other countries around the world.
       (4) Economic growth is a fundamental foundation for human 
     security and national stability in Pakistan, a country with 
     over 175,000,000 people, an annual population growth rate of 
     2 percent, and a ranking of 136 out of 177 countries in the 
     United Nations Human Development Index.
       (5) Pakistan is a major non-NATO ally of the United States 
     and has been a valuable partner in the battle against al 
     Qaeda and the Taliban, but much more remains to be 
     accomplished by both nations.
       (6) The struggle against al Qaeda, the Taliban, and 
     affiliated terrorist groups has led to the deaths of several 
     thousand Pakistani civilians and members of the security 
     forces of Pakistan over the past 7 years.
       (7) Since the terrorist attacks of September 11, 2001, more 
     al Qaeda terrorist suspects have been apprehended in Pakistan 
     than in any other country, including Khalid Sheikh Muhammad, 
     Ramzi bin al-Shibh, and Abu Faraj al-Libi.
       (8) Despite the sacrifices and cooperation of the security 
     forces of Pakistan, the top leadership of al Qaeda, as well 
     as the leadership and rank-and-file of affiliated terrorist 
     groups, are believed to be using Pakistan's Federally 
     Administered Tribal Areas (FATA) and parts of the North West 
     Frontier Province (NWFP) and Balochistan as a haven and a 
     base from which to organize terrorist actions in Pakistan and 
     globally, including--
       (A) attacks outside of Pakistan that have been attributed 
     to groups with Pakistani connections, including--
       (i) the suicide car bombing of the Indian embassy in Kabul, 
     Afghanistan, which killed 58 people on June 7, 2008; and
       (ii) the massacre of approximately 165 people in Mumbai, 
     India, including 6 United States citizens, in late November 
     2008; and
       (B) attacks within Pakistan, including--
       (i) an attack on the visiting Sri Lankan cricket team in 
     Lahore on March 3, 2009;
       (ii) an attack at the Marriott hotel in Islamabad on 
     September 9, 2008;
       (iii) the bombing of a political rally in Karachi on 
     October 18, 2007;
       (iv) the targeting and killing of dozens of tribal, 
     provincial, and national holders of political office;
       (v) an attack by gunfire on the U.S. Principal Officer in 
     Peshawar in August 2008; and
       (vi) the brazen assassination of former Prime Minister 
     Benazir Bhutto on December 27, 2007.
       (9) In the 12-month period ending on the date of the 
     enactment of this Act, Pakistan's security forces have 
     struggled to contain a Taliban-backed insurgency that has 
     spread from FATA into settled areas, including the Swat 
     Valley and other parts of NWFP and Balochistan. This struggle 
     has taken the lives of more than 1,500 police and military 
     personnel and left more than 3,000 wounded.
       (10) On March 27, 2009, President Obama noted, ``Multiple 
     intelligence estimates have warned that al Qaeda is actively 
     planning attacks on the U.S. homeland from its safe-haven in 
     Pakistan.''.
       (11) According to a Government Accountability Office Report 
     (GAO-08-622), ``since 2003, the administration's national 
     security strategies and Congress have recognized that a 
     comprehensive plan that includes all elements of national 
     power--diplomatic, military, intelligence, development 
     assistance, economic, and law enforcement support--was needed 
     to address the terrorist threat emanating from the FATA'' and 
     that such a strategy was also mandated by section 7102(b)(3) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458; 22 U.S.C. 2656f note) and section 
     2042(b)(2) of the Implementing the Recommendations of the 9/
     11 Commission Act of 2007 (Public Law 110-53; 22 U.S.C. 2375 
     note).
       (12) In the past year, the people of Pakistan have been 
     especially hard hit by rising food and commodity prices and 
     severe energy shortages, with two-thirds of the population 
     living on less than $2 a day and one-fifth of the population 
     living below the poverty line according to the United Nations 
     Development Program.
       (13) The people of Pakistan and the United States share 
     many compatible goals, including--
       (A) combating terrorism and violent radicalism, both inside 
     Pakistan and elsewhere;
       (B) solidifying democracy and the rule of law in Pakistan;
       (C) promoting the economic development of Pakistan, both 
     through the building of infrastructure and the facilitation 
     of increased trade;
       (D) promoting the social and material well-being of 
     Pakistani citizens, particularly through development of such 
     basic services as public education, access to potable water, 
     and medical treatment; and
       (E) safeguarding the peace and security of South Asia, 
     including by facilitating peaceful relations between Pakistan 
     and its neighbors.
       (14) According to consistent opinion research, including 
     that of the Pew Global Attitudes Survey (December 28, 2007) 
     and the International Republican Institute (January 29, 
     2008), many people in Pakistan have historically viewed the 
     relationship between the United States and Pakistan as a 
     transactional one, characterized by a heavy emphasis on 
     security issues with little attention to other matters of 
     great interest to citizens of Pakistan.
       (15) The election of a civilian government in Pakistan in 
     February 2008 provides an opportunity, after nearly a decade 
     of military-dominated rule, to place relations between 
     Pakistan and the United States on a new and more stable 
     foundation.
       (16) Both the Government of Pakistan and the United States 
     Government should seek to enhance the bilateral relationship 
     through additional multi-faceted engagement in order to 
     strengthen the foundation for a consistent and reliable long-
     term partnership between the two countries.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations and Foreign Relations of the Senate and the 
     Committees on Appropriations and Foreign Affairs of the House 
     of Representatives.
       (2) Counterinsurgency.--The term ``counterinsurgency'' 
     means efforts to defeat organized movements that seek to 
     overthrow the duly constituted Governments of Pakistan and 
     Afghanistan through violent means.
       (3) Counterterrorism.--The term ``counterterrorism'' means 
     efforts to combat al Qaeda and other foreign terrorist 
     organizations that are designated by the Secretary of State 
     in accordance with section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189), or other individuals and 
     entities engaged in terrorist activity or support for such 
     activity.
       (4) FATA.--The term ``FATA'' means the Federally 
     Administered Tribal Areas of Pakistan.
       (5) NWFP.--The term ``NWFP'' means the North West Frontier 
     Province of Pakistan, which has Peshawar as its provincial 
     capital.
       (6) Pakistan-afghanistan border areas.--The term 
     ``Pakistan-Afghanistan border areas'' includes the Pakistan 
     regions known as NWFP, FATA, and parts of Balochistan in 
     which the Taliban or Al Qaeda have traditionally found 
     refuge.
       (7) Security-related assistance.--The term ``security-
     related assistance'' means--
       (A) grant assistance to carry out section 23 of the Arms 
     Export Control Act (22 U.S.C. 2763);
       (B) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.);
       (C) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
       (D) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456); and
       (E) any equipment, supplies, and training provided pursuant 
     to section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368).
       (8) Security forces of pakistan.--The term ``security 
     forces of Pakistan'' means the military and intelligence 
     services of the Government of Pakistan, including the Armed 
     Forces, Inter-Services Intelligence Directorate, Intelligence 
     Bureau, police

[[Page 16054]]

     forces, levies, Frontier Corps, and Frontier Constabulary.
       (9) Major defense equipment.--The term ``major defense 
     equipment'' has the meaning given in section 47(6) of the 
     Arms Export Control Act (22 U.S.C. 2794(6)).

     SEC. 4. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to support the consolidation of democracy, good 
     governance, and rule of law in Pakistan;
       (2) to support economic growth and development in order to 
     promote stability and security across Pakistan;
       (3) to affirm and build a sustained, long-term, 
     multifaceted relationship with Pakistan;
       (4) to further the sustainable economic development of 
     Pakistan and the improvement of the living conditions of its 
     citizens, including in the Federally Administered Tribal 
     Areas, by expanding United States bilateral engagement with 
     the Government of Pakistan, especially in areas of direct 
     interest and importance to the daily lives of the people of 
     Pakistan;
       (5) to work with Pakistan and the countries bordering 
     Pakistan to facilitate peace in the region and harmonious 
     relations between the countries of the region;
       (6) to work with the Government of Pakistan to prevent any 
     Pakistani territory from being used as a base or conduit for 
     terrorist attacks in Pakistan, Afghanistan, India, or 
     elsewhere in the world;
       (7) to work in close cooperation with the Government of 
     Pakistan to coordinate military, paramilitary, and police 
     action against terrorist targets;
       (8) to work with the Government of Pakistan to help bring 
     peace, stability, and development to all regions of Pakistan, 
     especially those in the Pakistan-Afghanistan border areas, 
     including support for an effective counterinsurgency 
     strategy;
       (9) to expand people-to-people engagement between the 
     United States and Pakistan, through increased educational, 
     technical, and cultural exchanges and other methods;
       (10) to encourage and promote public-private partnerships 
     in Pakistan in order to bolster ongoing development efforts 
     and strengthen economic prospects, especially with respect to 
     opportunities to build civic responsibility and professional 
     skills of the people of Pakistan; and
       (11) to encourage the development of local analytical 
     capacity to measure progress on an integrated basis across 
     the areas of donor country expenditure in Pakistan, and 
     better hold the Government of Pakistan accountable for how 
     the funds are being spent.

     SEC. 5. AUTHORIZATION OF FUNDS.

       (a) Authorization.--There are authorized to be appropriated 
     to the President, for the purposes of providing assistance to 
     Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151 et seq.), the following amounts:
       (1) For fiscal year 2009, up to $1,500,000,000.
       (2) For fiscal year 2010, up to $1,500,000,000.
       (3) For fiscal year 2011, up to $1,500,000,000.
       (4) For fiscal year 2012, up to $1,500,000,000.
       (5) For fiscal year 2013, up to $1,500,000,000.
       (b) Availability of Funds.--
       (1) In general.--Of the funds appropriated in each fiscal 
     year pursuant to the authorization of appropriations in 
     subsection (a)--
       (A) none of the amounts appropriated may be made available 
     after the date of the enactment of this Act for assistance to 
     Pakistan unless the Pakistan Assistance Strategy Report has 
     been submitted to the appropriate congressional committees in 
     accordance with subsection (j); and
       (B) not more than $750,000,000 may be made available for 
     assistance to Pakistan in any fiscal year after 2009 unless 
     the President's Special Representative to Afghanistan and 
     Pakistan submits to the appropriate congressional committees 
     during that fiscal year--
       (i) a certification that assistance provided to Pakistan 
     under this Act to date has made or is making substantial 
     progress toward achieving the principal objectives of United 
     States assistance to Pakistan contained in the Pakistan 
     Assistance Strategy Report pursuant to subsection (j)(1); and
       (ii) a memorandum explaining the reasons justifying the 
     certification described in clause (i).
       (2) Maker of certification.--In the event of a vacancy in, 
     or the termination of, the position of the President's 
     Special Representative to Afghanistan and Pakistan, the 
     certification described under paragraph (1)(B) may be made by 
     the Secretary of State.
       (c) Waiver.--The Secretary of State may waive the 
     limitations in subsection (b) if the Secretary determines, 
     and certifies to the appropriate congressional committees, 
     that it is in the national security interests of the United 
     States to provide such waiver.
       (d) Sense of Congress on Foreign Assistance Funds.--It is 
     the sense of Congress that, subject to an improving political 
     and economic climate in Pakistan, there should be authorized 
     to be appropriated up to $1,500,000,000 per year for fiscal 
     years 2014 through 2018 for the purpose of providing 
     assistance to Pakistan under the Foreign Assistance Act of 
     1961.
       (e) Sense of Congress on Security-related Assistance.--It 
     is the sense of Congress that security-related assistance to 
     the Government of Pakistan--
       (1) should be provided in close coordination with the 
     Government of Pakistan, designed to improve the Government's 
     capabilities in areas of mutual concern, and maintained at a 
     level that will bring significant gains in pursuing the 
     policies set forth in paragraphs (6), (7), and (8) of section 
     4; and
       (2) should be geared primarily toward bolstering the 
     counter-insurgency capabilities of the Government to 
     effectively defeat the Taliban-backed insurgency and deny 
     popular support to al Qaeda and other foreign terrorist 
     organizations that are based in Pakistan.
       (f) Use of Funds.--
       (1) In general.--Funds appropriated pursuant to subsection 
     (a) shall be used for projects intended to benefit the people 
     of Pakistan, including projects that promote--
       (A) just and democratic governance, including--
       (i) police reform, equipping, and training;
       (ii) independent, efficient, and effective judicial 
     systems;
       (iii) political pluralism, equality, and the rule of law;
       (iv) respect for human and civil rights and the promotion 
     of an independent media;
       (v) transparency and accountability of all branches of 
     government and judicial proceedings;
       (vi) anticorruption efforts among bureaucrats, elected 
     officials, and public servants at all levels of military and 
     civilian government administration;
       (vii) countering the narcotics trade; and
       (viii) the implementation of legal and political reforms in 
     the FATA;
       (B) economic freedom, including--
       (i) sustainable economic growth, including in rural areas, 
     and the sustainable management of natural resources;
       (ii) investments in energy and water, including energy 
     generation and cross-border infrastructure projects with 
     Afghanistan;
       (iii) employment generation, including essential basic 
     infrastructure projects such as roads and irrigation projects 
     and other physical infrastructure; and
       (iv) worker rights, including the right to form labor 
     unions and legally enforce provisions safeguarding the rights 
     of workers and local community stakeholders;
       (C) investments in people, particularly women and children, 
     including--
       (i) broad-based public primary and secondary education and 
     vocational training for both boys and girls;
       (ii) food security and agricultural development to ensure 
     food staples and other crops that provide economic growth and 
     income opportunities in times of severe shortage;
       (iii) quality public health, including medical clinics with 
     well trained staff serving rural and urban communities;
       (iv) vocational training for women and access to 
     microfinance for small business establishment and income 
     generation for women; and
       (v) higher education to ensure a breadth and consistency of 
     Pakistani graduates to prepare citizens to help strengthen 
     the foundation for improved governance and economic vitality, 
     including through public-private partnerships; and
       (D) long-term development in regions of Pakistan where 
     internal conflict has caused large-scale displacement.
       (2) Funding for police reform, equipping, and training.--Up 
     to $100,000,000 of the funds appropriated pursuant to 
     subsection (a) should be used for police reform, equipping, 
     and training.
       (g) Preference for Building Local Capacity.--The President 
     is encouraged, as appropriate, to utilize Pakistani firms and 
     community and local nongovernmental organizations in 
     Pakistan, including through host country contacts, and to 
     work with local leaders to provide assistance under this 
     section.
       (h) Authority To Use Funds for Operational and Audit 
     Expenses.--
       (1) In general.--Of the amounts appropriated for a fiscal 
     year pursuant to subsection (a)--
       (A) up to $10,000,000 may be used for administrative 
     expenses of Federal departments and agencies in connection 
     with the provision of assistance authorized by this section;
       (B) up to $30,000,000 may be made available to the 
     Inspectors General of the Department of State, the United 
     States Agency for International Development, and other 
     relevant Executive branch agencies in order to provide audits 
     and program reviews of projects funded pursuant to this 
     section; and
       (C) up to $5,000,000 may be used by the Secretary to 
     establish a Chief of Mission Fund for use by the Chief of 
     Mission in Pakistan to provide assistance to Pakistan under 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     to address urgent needs or opportunities, consistent with the 
     purposes outlined in subsection (f) or for purposes of 
     humanitarian relief.
       (2) Authority in addition to existing amounts.--The amounts 
     authorized under subparagraphs (A) and (B) of paragraph (1) 
     to be used for the purposes described in such subparagraphs 
     are in addition to other amounts that are available for such 
     purposes.
       (i) Use of Funds.--Amounts appropriated or otherwise made 
     available to carry out this section shall be utilized to the 
     maximum extent possible as direct expenditures for

[[Page 16055]]

     projects and programs, subject to existing reporting and 
     notification requirements.
       (j) Pakistan Assistance Strategy Report.--Not later than 45 
     days after the date of enactment of this Act, or September 
     15, 2009, whichever date comes later, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report describing United States policy and strategy with 
     respect to assistance to Pakistan. The report shall include--
       (1) a description of the principal objectives of United 
     States assistance to Pakistan to be provided under this Act;
       (2) the amounts of funds authorized to be appropriated 
     under subsection (a) proposed to be allocated to programs or 
     projects designed to achieve each of the purposes of 
     assistance listed in subsection (f);
       (3) a description of the specific projects and programs for 
     which amounts authorized to be appropriated pursuant to 
     subsection (a) are proposed to be allocated;
       (4) a list of criteria and benchmarks to be used to measure 
     the effectiveness of projects described under subsection (f), 
     including a systematic, qualitative, and where possible, 
     quantitative basis for assessing whether desired outcomes are 
     achieved and a timeline for completion of each project and 
     program;
       (5) a description of the role to be played by Pakistani 
     national, regional, and local officials and members of 
     Pakistani civil society and local private sector, civic, 
     religious, and tribal leaders in helping to identify and 
     implement programs and projects for which assistance is to be 
     provided under this Act, and of consultations with such 
     representatives in developing the strategy;
       (6) a description of all amounts made available for 
     assistance to Pakistan during fiscal year 2009 prior to 
     submission of the report, including a description of each 
     project or program for which funds were made available and 
     the amounts allocated to each such program or project;
       (7) a description of the steps taken, or to be taken, to 
     ensure assistance provided under this Act is not awarded to 
     individuals or entities affiliated with terrorist 
     organizations; and
       (8) a projection of the levels of assistance to be provided 
     to Pakistan under this Act, broken down into the following 
     categories as described in the annual ``Report on the 
     Criteria and Methodology for Determining the Eligibility of 
     Candidate Countries for Millennium Challenge Account 
     Assistance'':
       (A) Civil liberties.
       (B) Political rights.
       (C) Voice and accountability.
       (D) Government effectiveness.
       (E) Rule of law.
       (F) Control of corruption.
       (G) Immunization rates.
       (H) Public expenditure on health.
       (I) Girls' primary education completion rate.
       (J) Public expenditure on primary education.
       (K) Natural resource management.
       (L) Business start-up.
       (M) Land rights and access.
       (N) Trade policy.
       (O) Regulatory quality.
       (P) Inflation control.
       (Q) Fiscal policy.
       (k) Notification Requirements.--
       (1) Notice of assistance for budget support.--The President 
     shall notify the appropriate congressional committees not 
     later than 15 days before obligating any assistance under 
     this section as budgetary support to the Government of 
     Pakistan or any element of such Government and shall describe 
     the purpose and conditions attached to any such budgetary 
     support.
       (2) Semiannual report.--Not later than 90 days after the 
     submission of the Pakistan Assistance Strategy Report 
     pursuant to subsection (j), and every 180 days thereafter, 
     the Secretary of State shall submit a report to the 
     appropriate congressional committees that describes the 
     assistance provided under this section. The report shall 
     include--
       (A) a description of all assistance provided pursuant to 
     this Act since the submission of the last report, including 
     each program or project for which assistance was provided and 
     the amount of assistance provided for each program or 
     project;
       (B) a description of all assistance provided pursuant to 
     this Act, including--
       (i) the total amount of assistance provided for each of the 
     purposes described in subsection (f); and
       (ii) the total amount of assistance allocated to programs 
     or projects in each region in Pakistan;
       (C) a list of persons or entities from the United States or 
     other countries that have received funds in excess of 
     $100,000 to conduct projects under this section during the 
     period covered by the report, which may be included in a 
     classified annex, if necessary to avoid a security risk, and 
     a justification for the classification;
       (D) an assessment of the effectiveness of assistance 
     provided pursuant to this Act during the period covered by 
     the report in achieving desired objectives and outcomes, 
     measured on the basis of the criteria contained in the 
     Pakistan Assistant Strategy Report pursuant to subsection 
     (j)(4);
       (E) a description of--
       (i) the programs and projects for which amounts 
     appropriated pursuant to subsection (a) are proposed to be 
     allocated during the 180-day period after the submission of 
     the report;
       (ii) the relationship of such programs and projects to the 
     purposes of assistance described in subsection (f); and
       (iii) the amounts proposed to be allocated to each such 
     program or project;
       (F) a description of any shortfall in United States 
     financial, physical, technical, or human resources that 
     hinder the effective use and monitoring of such funds;
       (G) a description of any negative impact, including the 
     absorptive capacity of the region for which the resources are 
     intended, of United States bilateral or multilateral 
     assistance and recommendations for modification of funding, 
     if any;
       (H) any incidents or reports of waste, fraud, and abuse of 
     expenditures under this section;
       (I) the amount of funds appropriated pursuant to subsection 
     (a) that were used during the reporting period for 
     administrative expenses or for audits and program reviews 
     pursuant to the authority under subsection (h);
       (J) a description of the expenditures made from any Chief 
     of Mission Fund established pursuant to subsection (h)(3) 
     during the period covered by the report, the purposes for 
     which such expenditures were made, and a list of the 
     recipients of any expenditures from the Chief of Mission Fund 
     in excess of $10,000; and
       (K) an accounting of assistance provided to Pakistan under 
     this Act, broken down into the categories set forth in 
     subsection (j)(8).
       (l) Government Accountability Office Report.--Not later 
     than one year after the submission of the Pakistan Assistance 
     Strategy Report under subsection (j), and annually 
     thereafter, the Comptroller General of the United States 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) a review of, and comments addressing, the Pakistan 
     Assistance Strategy Report; and
       (2) recommendations relating to any additional actions the 
     Comptroller General believes could help improve the 
     efficiency and effectiveness of United States efforts to meet 
     the objectives of this Act.
       (m) Sense of Congress on Funding of Priorities.--It is the 
     sense of Congress that, as a general principle, the 
     Government of Pakistan should allocate a greater portion of 
     its budget to the recurrent costs associated with education, 
     health, and other priorities described in this section.
       (n) Consultation Requirement.--The President shall consult 
     the appropriate congressional committees on the strategy in 
     subsection (j), including criteria and benchmarks developed 
     under paragraph (4) of such subsection, not later than 15 
     days before obligating any assistance under this section.

     SEC. 6. LIMITATION ON CERTAIN ASSISTANCE.

       (a) Limitation on Certain Military Assistance.--Beginning 
     in fiscal year 2010, no grant assistance to carry out section 
     23 of the Arms Export Control Act (22 U.S.C. 2763) and no 
     assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) may be 
     provided to Pakistan in a fiscal year until the Secretary of 
     State makes the certification required under subsection (c).
       (b) Limitation on Arms Transfers.--Beginning in fiscal year 
     2012, no letter of offer to sell major defense equipment to 
     Pakistan may be issued pursuant to the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.) and no license to export major 
     defense equipment to Pakistan may be issued pursuant to such 
     Act in a fiscal year until the Secretary of State makes the 
     certification required under subsection (c).
       (c) Certification.--The certification required by this 
     subsection is a certification to the appropriate 
     congressional committees by the Secretary of State, after 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, that the security forces of 
     Pakistan--
       (1) are making concerted efforts to prevent al Qaeda and 
     associated terrorist groups, including Lashkar-e-Taiba and 
     Jaish-e-Mohammed, from operating in the territory of 
     Pakistan;
       (2) are making concerted efforts to prevent the Taliban and 
     associated militant groups from using the territory of 
     Pakistan as a sanctuary from which to launch attacks within 
     Afghanistan; and
       (3) are not materially interfering in the political or 
     judicial processes of Pakistan.
       (d) Waiver.--The Secretary of State may waive the 
     limitations in subsections (a) and (b) if the Secretary 
     determines it is important to the national security interests 
     of the United States to provide such waiver.
       (e) Prior Notice of Waiver.--A waiver pursuant to 
     subsection (d) may not be exercised until 15 days after the 
     Secretary of State provides to the appropriate congressional 
     committees written notice of the intent to issue such waiver 
     and the reasons therefor. The notice may be submitted in 
     classified or unclassified form, as necessary.
       (f) Annual Report.--The Secretary of State, after 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall submit to the appropriate

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     congressional committees an annual report on the progress of 
     the security forces of Pakistan in satisfying the 
     requirements enumerated in subsection (c). The Secretary of 
     State shall establish detailed, specific requirements and 
     metrics for evaluating the progress in satisfying these 
     requirements and apply these requirements and metrics 
     consistently in each annual report. This report may be 
     submitted in classified or unclassified form, as necessary.

     SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.

       It is the sense of Congress that--
       (1) Coalition Support Funds are critical components of the 
     global fight against terrorism, and in Pakistan provide 
     essential support for--
       (A) military operations of the Government of Pakistan to 
     destroy the terrorist threat and close the terrorist safe 
     haven, known or suspected, in the FATA, the NWFP, and other 
     regions of Pakistan; and
       (B) military operations of the Government of Pakistan to 
     protect United States and allied logistic operations in 
     support of Operation Enduring Freedom in Afghanistan;
       (2) despite the broad discretion Congress granted the 
     Secretary of Defense in terms of managing Coalition Support 
     Funds, the Pakistan reimbursement claims process for 
     Coalition Support Funds requires increased oversight and 
     accountability, consistent with the conclusions of the June 
     2008 report of the United States Government Accountability 
     Office (GAO-08-806);
       (3) in order to ensure that this significant United States 
     effort in support of countering terrorism in Pakistan 
     effectively ensures the intended use of Coalition Support 
     Funds, and to avoid redundancy in other security assistance 
     programs, such as Foreign Military Financing and Foreign 
     Military Sales, more specific guidance should be generated, 
     and accountability delineated, for officials associated with 
     oversight of this program within the United States Embassy in 
     Pakistan, the United States Central Command, the Department 
     of Defense, the Department of State, and the Office of 
     Management and Budget; and
       (4) the Secretary of Defense should submit to the 
     appropriate congressional committees and the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a semiannual report on the use of Coalition Support Funds, 
     which may be submitted in classified or unclassified form as 
     necessary.

     SEC. 8. PAKISTAN-AFGHANISTAN BORDER AREAS STRATEGY.

       (a) Development of Comprehensive Strategy.--The Secretary 
     of State, in consultation with the Secretary of Defense, the 
     Director of National Intelligence, and such other government 
     officials as may be appropriate, shall develop a 
     comprehensive, cross- border strategy that includes all 
     elements of national power--diplomatic, military, 
     intelligence, development assistance, humanitarian, law 
     enforcement support, and strategic communications and 
     information technology--for working with the Government of 
     Pakistan, the Government of Afghanistan, NATO, and other 
     like-minded allies to best implement effective 
     counterterrorism and counterinsurgency measurers in and near 
     the Pakistan-Afghanistan border areas.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a detailed 
     description of a comprehensive strategy for counterterrorism 
     and counterinsurgency in the Pakistan-Afghanistan border 
     areas containing the elements specified in subsection (a) and 
     proposed timelines and budgets for implementing the strategy.

     SEC. 9. SENSE OF CONGRESS.

       It is the sense of Congress that the United States should--
       (1) recognize the bold political steps the Pakistan 
     electorate has taken during a time of heightened sensitivity 
     and tension in 2007 and 2008 to elect a new civilian 
     government, as well as the continued quest for good 
     governance and the rule of law under the elected government 
     in 2008 and 2009;
       (2) seize this strategic opportunity in the interests of 
     Pakistan as well as in the national security interests of the 
     United States to expand its engagement with the Government 
     and people of Pakistan in areas of particular interest and 
     importance to the people of Pakistan;
       (3) continue to build a responsible and reciprocal security 
     relationship taking into account the national security 
     interests of the United States as well as regional and 
     national dynamics in Pakistan to further strengthen and 
     enable the position of Pakistan as a major non-NATO ally;
       (4) seek ways to strengthen our countries' mutual 
     understanding and promote greater insight and knowledge of 
     each other's social, cultural and historical diversity 
     through personnel exchanges and support for the establishment 
     of institutions of higher learning with international 
     accreditation; and
       (5) explore means to consult with and utilize the relevant 
     expertise and skills of the Pakistani-American community.

     SEC. 10. TERM OF YEARS.

       With the exception of subsections (b)(1)(B), (j), (k), and 
     (l) of section 5, this Act shall remain in force after 
     September 30, 2013.

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