Calendar No. 1093
[Report No. 110–510]
IN THE SENATE OF THE UNITED STATES
July 15, 2008
Mr. Biden (for himself, Mr. Lugar, Mr. Obama, Mr. Hagel, Mr. Kerry, Mr. Casey, Mrs. Boxer, Mr. Durbin, Mr. Carper, Mrs. Clinton, Mr. Dodd, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
September 26 (legislative day, September 17), 2008
Reported by Mr. Dodd, without amendment
To authorize appropriations for fiscal years 2009 through 2013 to promote an enhanced strategic partnership with Pakistan and its people, and for other purposes.
This Act may be cited as
Enhanced Partnership with Pakistan
Act of 2008.
Congress makes the following findings:
The people of Pakistan and the United States have a long history of friendship and comity, and the vital interests of both nations are well-served by strengthening and deepening this friendship.
In February 2008, the people of Pakistan elected a civilian government, reversing months of political tension and intrigue, as well as mounting popular concern over governance and their own democratic reform and political development.
A democratic, moderate, modernizing Pakistan would represent the wishes of that country’s populace, and serve as a model to other countries around the world.
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.
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 6 years.
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.
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 use Pakistan’s Federally Administered Tribal Areas (FATA) as a haven and a base from which to organize terrorist actions in Pakistan and with global reach.
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).
United States military sources and unclassified intelligence reports, including
the July 2007 National Intelligence Estimate entitled,
Threat to the U.S. Homeland, the Taliban, al Qaeda, and their Pakistani
affiliates continue to use territory in Pakistan as a haven, recruiting
location, and rear base for violent actions in both Afghanistan and Pakistan,
as well as attacks globally, and pose a threat to the United States
The toll of terrorist attacks, including suicide bombs, on the people of Pakistan include thousands of citizens killed and wounded across the country, over 1,400 military and police forces killed (including 700 since July 2007), and dozens of tribal, provincial, and national officials targeted and killed, as well as the brazen assassination of former prime minister Benazir Bhutto while campaigning in Rawalpindi on December 27, 2007, and several attempts on the life of President Pervaiz Musharraf, and the rate of such attacks have grown considerably over the past 2 years.
The people of Pakistan and the United States share many compatible goals, including—
combating terrorism and violent radicalism, both inside Pakistan and elsewhere;
solidifying democracy and the rule of law in Pakistan;
promoting the economic development of Pakistan, both through the building of infrastructure and the facilitation of increased trade;
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
safeguarding the peace and security of South Asia, including by facilitating peaceful relations between Pakistan and its neighbors.
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.
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.
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.
In this Act:
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.
The term counterinsurgency means efforts to defeat organized movements that seek to overthrow the duly constituted Governments of Pakistan and Afghanistan through the use of subversion and armed conflict.
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.
The term FATA means the Federally Administered Tribal Areas of Pakistan.
The term NWFP means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.
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.
The term security-related assistance means—
grant assistance to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763);
assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.);
assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
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
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).
Security forces of pakistan
The term security forces of Pakistan means the military, paramilitary, and intelligence services of the Government of Pakistan, including the armed forces, Inter-Services Intelligence Directorate, Intelligence Bureau, police forces, Frontier Corps, and Frontier Constabulary.
Statement of policy
It is the policy of the United States—
to support the consolidation of democracy, good governance, and rule of law in Pakistan;
to affirm and build a sustained, long-term, multifaceted relationship with Pakistan;
to further the sustainable economic development of Pakistan and the improvement of the living conditions of its citizens 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;
to work with Pakistan and the countries bordering Pakistan to facilitate peace in the region and harmonious relations between the countries of the region;
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, or elsewhere in the world;
to work in close cooperation with the Government of Pakistan to coordinate military and paramilitary action against terrorist targets;
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; and
to expand people-to-people engagement between the United States and Pakistan, through increased educational, technical, and cultural exchanges and other methods.
Authorization of funds
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:
For fiscal year 2009, up to $1,500,000,000.
For fiscal year 2010, up to $1,500,000,000.
For fiscal year 2011, up to $1,500,000,000.
For fiscal year 2012, up to $1,500,000,000.
For fiscal year 2013, up to $1,500,000,000.
Sense of Congress on Economic Support Funds
It is the sense of Congress that, subject to an improving political and economic climate, 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.
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 (5), (6), and (7) of section 4.
Use of funds
Funds appropriated pursuant to the authorization of appropriations under this section shall be used for projects intended to benefit the people of Pakistan, including projects that promote—
just and democratic governance, including—
political pluralism, equality, and the rule of law;
respect for human and civil rights;
independent, efficient, and effective judicial systems;
transparency and accountability of all branches of government and judicial proceedings; and
anticorruption efforts among police, civil servants, elected officials, and all levels of government administration, including the military;
economic freedom, including—
private sector growth and the sustainable management of natural resources;
market forces in the economy; and
worker rights, including the right to form labor unions and legally enforce provisions safeguarding the rights of workers and local community stakeholders; and
investments in people, particularly women and children, including—
broad-based public primary and secondary education and vocational training for both boys and girls;
the construction of roads, irrigation channels, wells, and other physical infrastructure;
agricultural development to ensure food staples in times of severe shortage;
quality public health, including medical clinics with well trained staff serving rural and urban communities; and
public-private partnerships in higher education to ensure a breadth and consistency of Pakistani graduates to help strengthen the foundation for improved governance and economic vitality.
Preference for building local capacity
The President is encouraged, as appropriate, to utilize Pakistani firms and community and local nongovernmental organizations in Pakistan to provide assistance under this section.
Authority To use funds for operational and audit expenses
Up to 7 percent of the funds appropriated for a fiscal year pursuant to the authorization of appropriations under this section—
may be used for administrative expenses of Federal departments and agencies in connection with the provision of assistance authorized by this section; or
may be made available to the Inspector General of the United States Agency for International Development to provide audits and program reviews of projects funded pursuant to this section.
Use of funds
Funds 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.
Notice of assistance for budget support
The President shall notify Congress not later than 15 days before providing any assistance under this section as budgetary support to the Government of Pakistan or any element of such Government.
The President shall submit to the appropriate congressional committees a report on assistance provided under this section during the most recent fiscal year. The report shall describe—
all expenditures under this section, by region;
the intended purpose for such assistance, the strategy or plan with which it is aligned, and a timeline for completion associated with such strategy or plan;
a list of persons or entities who have received funds in excess of $25,000 to conduct projects under this section during the period covered by the report, and an assessment of the effectiveness of the project or projects conducted by each such person or entity;
any shortfall in United States financial, physical, technical, or human resources that hinder effective use and monitoring of such funds;
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; and
the amount of funds appropriated pursuant to the authorization of appropriations under this section that were used during the reporting period for administrative expenses or for audits and program reviews pursuant to the authority under subsection (f).
Sense of Congress on funding of priorities
It is the sense of Congress
that the Government of Pakistan should allocate a greater portion of its
budget, consistent with its
Poverty Reduction Strategy Paper, to
the recurrent costs associated with education, health, and other priorities
described in this section.
Limitation on certain assistance
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).
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).
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—
are making concerted efforts to prevent al Qaeda and associated terrorist groups from operating in the territory of Pakistan;
are making concerted efforts to prevent the Taliban from using the territory of Pakistan as a sanctuary from which to launch attacks within Afghanistan; and
are not materially interfering in the political or judicial processes of Pakistan.
The Secretary of State may waive the limitations in subsections (a) and (b) if the Secretary determines it is in the national security interests of the United States to provide such waiver.
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.
Sense of Congress on Coalition support funds
It is the sense of Congress that—
Coalition Support Funds are critical components of the global fight against terrorism and the primary support for 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;
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); and
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.
Afghanistan-Pakistan border strategy
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 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 border areas of Pakistan and Afghanistan, especially in known or suspected safe havens such as Pakistan’s FATA, the NWFP, parts of Balochistan, and other critical areas in the south and east border areas of Afghanistan.
Not later than June 1, 2009, the Secretary of State shall submit to the appropriate congressional committees a detailed description of a comprehensive strategy for counterterrorism and counterinsurgency in the FATA, as well as proposed timelines and budgets for implementing the strategy.
Sense of Congress
It is the sense of Congress that the United States should—
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;
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; and
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.
September 26 (legislative day, September 17), 2008
Reported without amendment