S.Amdt. 5566

1. Adds Subtitle E--Enhanced Partnership With Pakistan SEC. 1241. SHORT TITLE on page 360, line 20

   Adds a sectionPrinted page

   Inserted: Subtitle E--Enhanced Partnership With Pakistan SEC. 1241. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Enhanced Partnership with Pakistan Act of 2008".

   Inserted: SEC. 1242. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (1) 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.

   Inserted: (2) 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.

   Inserted: (3) 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.

   Inserted: (4) Pakistan is a major non-NATO ally of the United States, and has been a valuable partner in the battle against al Qaeda and the Taliban.

   Inserted: (5) The struggle against al Qaeda, the Taliban, and affiliated terrorist groups has led to the deaths of several thousand Pakistani civilians and members of the security forces of Pakistan over the past 6 years.

   Inserted: (6) 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.

   Inserted: (7) 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.

   Inserted: (8) 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).

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   Inserted: (9) According to United States military sources and unclassified intelligence reports, including the July 2007 National Intelligence Estimate entitled, "The Terrorist 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 homeland.

   Inserted: (10) 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.

   Inserted: (11) The people of Pakistan and the United States share many compatible goals, including--

   Inserted: (A) combating terrorism and violent radicalism, both inside Pakistan and elsewhere;

   Inserted: (B) solidifying democracy and the rule of law in Pakistan;

   Inserted: (C) promoting the economic development of Pakistan, both through the building of infrastructure and the facilitation of increased trade;

   Inserted: (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

   Inserted: (E) safeguarding the peace and security of South Asia, including by facilitating peaceful relations between Pakistan and its neighbors.

   Inserted: (12) 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.

   Inserted: (13) 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.

   Inserted: (14) 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.

   Inserted: SEC. 1243. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (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.

   Inserted: (2) Counterinsurgency.--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.

   Inserted: (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).

   Inserted: (4) FATA.--The term "FATA" means the Federally Administered Tribal Areas of Pakistan.

   Inserted: (5) NWFP.--The term "NWFP" means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.

   Inserted: (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.

   Inserted: (7) Security-related assistance.--The term "security-related assistance" means--

   Inserted: (A) grant assistance to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763);

   Inserted: (B) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.);

   Inserted: (C) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.);

   Inserted: (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

   Inserted: (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).

   Inserted: (8) 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.

   Inserted: SEC. 1244. STATEMENT OF POLICY.

   Inserted: It is the policy of the United States--

   Inserted: (1) to support the consolidation of democracy, good governance, and rule of law in Pakistan;

   Inserted: (2) to affirm and build a sustained, long-term, multifaceted relationship with Pakistan;

   Inserted: (3) 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;

   Inserted: (4) to work with Pakistan and the countries bordering Pakistan to facilitate peace in the region and harmonious relations between the countries of the region;

   Inserted: (5) 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;

   Inserted: (6) to work in close cooperation with the Government of Pakistan to coordinate military and paramilitary action against terrorist targets;

   Inserted: (7) 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

   Inserted: (8) to expand people-to-people engagement between the United States and Pakistan, through increased educational, technical, and cultural exchanges and other methods.

   Inserted: SEC. 1245. SENSE OF CONGRESS ON AUTHORIZATION OF FUNDS.

   Inserted: (a) Sense of Congress on Authorization of Funds.--It is the sense of Congress that there should be 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:

   Inserted: (1) For fiscal year 2009, up to $1,500,000,000.

   Inserted: (2) For fiscal year 2010, up to $1,500,000,000.

   Inserted: (3) For fiscal year 2011, up to $1,500,000,000.

   Inserted: (4) For fiscal year 2012, up to $1,500,000,000.

   Inserted: (5) For fiscal year 2013, up to $1,500,000,000.

   Inserted: (b) 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.

   Inserted: (c) 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 1244.

   Inserted: (d) Use of Funds.--Funds appropriated pursuant to the authorization of appropriations under this section shall be used for projects determined by an objective measure to be of clear benefit to the people of Pakistan, including projects that promote--

   Inserted: (1) just and democratic governance, including--

   Inserted: (A) political pluralism, equality, and the rule of law;

   Inserted: (B) respect for human and civil rights;

   Inserted: (C) independent, efficient, and effective judicial systems;

   Inserted: (D) transparency and accountability of all branches of government and judicial proceedings; and

   Inserted: (E) anticorruption efforts among police, civil servants, elected officials, and all levels of government administration, including the military;

   Inserted: (2) economic freedom, including--

   Inserted: (A) private sector growth and the sustainable management of natural resources;

   Inserted: (B) market forces in the economy; and

   Inserted: (C) worker rights, including the right to form labor unions and legally enforce provisions safeguarding the rights of workers and local community stakeholders; and

   Inserted: (3) investments in people, particularly women and children, including--

   Inserted: (A) broad-based public primary and secondary education and vocational training for both boys and girls;

   Inserted: (B) the construction of roads, irrigation channels, wells, and other physical infrastructure;

   Inserted: (C) agricultural development to ensure food staples in times of severe shortage;

   Inserted: (D) quality public health, including medical clinics with well trained staff serving rural and urban communities; and

   Inserted: (E) 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.

   Inserted: (e) 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.

   Inserted: (f) Authority to Use Funds for Operational Expenses.--Funds authorized by this section may be used for operational expenses. Funds may also 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.

   Inserted: (g) Use of Special Authority.--The President is encouraged to utilize the authority of section 633(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2393(a)) to expedite assistance to Pakistan under this section.

   Inserted: (h) 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 by the United States mission in Pakistan, subject to existing reporting and notification requirements.

   Inserted: (i) Notification Requirements.--

   Inserted: (1) 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.

   Inserted: (2) Annual report.--The President shall submit to the appropriate congressional committees a report on assistance provided under this section. The report shall describe--

   Inserted: (A) all expenditures under this section, by region;

   Inserted: (B) 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;

   Inserted: (C) the partner or partners contracted for that purpose, as well as a measure of the effectiveness of the partner or partners;

   Inserted: (D) any shortfall in financial, physical, technical, or human resources that hinder effective use and monitoring of such funds; and

   Inserted: (E) 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.

   Inserted: (j) 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.

   Inserted: SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE.

   Inserted: (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).

   Inserted: (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).

   Inserted: (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--

   Inserted: (1) are making concerted efforts to prevent al Qaeda and associated terrorist groups from operating in the territory of Pakistan;

   Inserted: (2) 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

   Inserted: (3) are not materially interfering in the political or judicial processes of Pakistan.

   Inserted: (d) Waiver.--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.

   Inserted: (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.

   Inserted: SEC. 1247. COALITION SUPPORT FUNDS.

   Inserted: (a) Accounting Reports.--Not later than May 1 and November 1 of each year, the President shall submit to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives a complete accounting of the Coalition Support Fund payments made to Pakistan for the preceding two fiscal quarters. The accounting shall include a description of each claim presented by the Government of Pakistan and reimbursed by the United States, in sufficient detail to permit Congress to provide effective oversight.

   Inserted: (b) Prohibition on Reimbursement Without Accounting Report.--Except as provided in subsection (c), no claim for funding under the Coalition Support Fund made after the date of the enactment of this Act may be paid until the President has submitted the accounting described in subsection (a) for the most recent two fiscal quarters.

   Inserted: (c) Waiver.--The Secretary of Defense may waive the prohibition in subsection (b) for a nonrenewable 6-month period for an individual Coalition Support Fund claim if the Secretary submits to the committees described in subsection (a) a written certification that such waiver is in the national security interests of the United States.

   Inserted: (d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. The unclassified portion shall be submitted in a searchable electronic format.

   Inserted: SEC. 1248. AFGHANISTAN-PAKISTAN BORDER STRATEGY.

   Inserted: (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 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.

   Inserted: (b) Report.--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.

   Inserted: SEC. 1249. SPECIAL ENVOY FOR REGIONAL COOPERATION.

   Inserted: (a) Statement of Policy.--Congress declares that it is in the national interest of the United States that the countries of South and Central Asia work together to address common challenges hampering the stability, security, and development of their region and to enhance their cooperation.

   Inserted: (b) Establishment.--The President shall appoint a special envoy to promote closer cooperation between the countries of South and Central Asia.

   Inserted: (c) Appointment.--The special envoy will be appointed with the advice and consent of the Senate and shall have the rank of ambassador.

   Inserted: (d) Duties.--

   Inserted: (1) In general.--The primary responsibility of the special envoy shall be to coordinate United States policy on issues relating to strengthening and facilitating relations between the nations of South and Central Asia for the benefit of stability and economic growth in the region.

   Inserted: (2) Advisory role.--The special envoy shall advise the President and the Secretary of State, as appropriate, and, in coordination with the Assistant Secretary of State for South and Central Asian Affairs, shall make recommendations regarding effective strategies and tactics to achieve United States policy objectives to--

   Inserted: (A) stem cross-border terrorist activities;

   Inserted: (B) provide assistance to refugees to ensure orderly and voluntary repatriation from neighboring states;

   Inserted: (C) bolster people-to-people ties and economic cooperation between the nations of South and Central Asia, including bilateral trade relations;

   Inserted: (D) explore opportunities to anticipate and seek solutions to critical cross-border issues; and

   Inserted: (E) offer comprehensive efforts to support effective counter-narcotics strategies in South and Central Asia.

   Inserted: SEC. 1250. SENSE OF CONGRESS.

   Inserted: It is the sense of Congress that the United States should--

   Inserted: (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;

   Inserted: (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; and

   Inserted: (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.

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