79–006 

111TH CONGRESS REPT. 111–129 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

PAKISTAN ENDURING ASSISTANCE AND COOPERATION 

ENHANCEMENT ACT OF 2009 (PEACE ACT OF 2009) 

MAY 22, 2009.—Ordered to be printed 

Mr. BERMAN, from the Committee on Foreign Affairs, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1886] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Foreign Affairs, to whom was referred the 

bill (H.R. 1886) to authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for 

Pakistan, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

TABLE OF CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Summary .................................................................................................................. 16 

Background and Purpose for the Legislation ........................................................ 17 

Hearings ................................................................................................................... 19 

Committee Consideration ........................................................................................ 19 

Votes of the Committee ........................................................................................... 19 

Committee Oversight Findings ............................................................................... 19 

New Budget Authority and Tax Expenditures ...................................................... 19 

Congressional Budget Office Cost Estimate .......................................................... 20 

Performance Goals and Objectives ......................................................................... 22 

Constitutional Authority Statement ...................................................................... 23 

New Advisory Committees ...................................................................................... 23 

Congressional Accountability Act ........................................................................... 23 

Earmark Identification ............................................................................................ 23 

Section-by-Section Analysis and Discussion .......................................................... 23 

Additional Views ...................................................................................................... 35 


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THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Pakistan Enduring Assistance 

and Cooperation Enhancement Act of 2009’’ or the ‘‘PEACE Act of 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Declaration of principles. 

TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTAN 

Sec. 101. Purposes of assistance. 

Sec. 102. Authorization of assistance. 

Sec. 103. Multilateral support for Pakistan. 

Sec. 104. Pakistan Democracy and Prosperity Fund. 

Sec. 105. Authorization of appropriations. 

TITLE II—SECURITY ASSISTANCE FOR PAKISTAN 

Sec. 201. Sense of Congress. 

Sec. 202. Purposes of assistance. 

Sec. 203. Authorization of assistance. 

Sec. 204. Pakistan Counterinsurgency Capabilities Fund. 

Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries. 

Sec. 206. Limitation on United States military assistance to Pakistan. 

Sec. 207. Authorization of appropriations. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Comprehensive regional security strategy. 

Sec. 302. Monitoring and evaluation of assistance. 

Sec. 303. Auditing. 

Sec. 304. Requirements for civilian control of United States assistance for Pakistan. 

Sec. 305. Sense of Congress. 

Sec. 306. Reports. 

Sec. 307. Sunset. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except as otherwise provided in this Act, the term ‘‘appropriate congressional committees’’ means the 

Committees on Appropriations and Foreign Affairs of the House of Representatives and the Committees on Appropriations and Foreign Relations of the Senate. 

(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. 

(3) COUNTERTERRORISM.—The term ‘‘counterterrorism’’ means efforts to 

combat— 

(A) al Qaeda; and 

(B) other terrorist organizations, as such term is defined in section 

212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(3)(B)(vi)). 

(4) FATA.—The term ‘‘FATA’’ means the Federally Administered Tribal 

Areas of Pakistan. 

(5) FCR.—The term ‘‘FCR’’ means the Frontier Crimes Regulation, codified 

under British law in 1901, and applicable to the FATA. 

(6) NWFP.—The term ‘‘NWFP’’ means the North West Frontier Province of 

Pakistan, which has Peshawar as its provincial capital. 

SEC. 3. FINDINGS. 

Congress finds the following: 

(1) The Islamic Republic of Pakistan has been a critical ally of the United 

States for more than 4 decades. 

(2) With the free and fair election of February 18, 2008, Pakistan returned 

to civilian rule after almost 9 years under a military dictatorship. 

(3) After the September 11, 2001, terrorist attacks against the United 

States, Pakistan chose to partner with the United States in the fight against 

al Qaeda, the Taliban, and other extremist and terrorist groups. 

(4) Since 2001, the United States has contributed more than 

$12,000,000,000 to Pakistan to strengthen Pakistan’s governance, economy, education system, healthcare services, and military, so as to bring freedom and opVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR129P1.XXX HR129P1

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portunities to the people of Pakistan while helping to combat terrorism and to 

counter a domestic insurgency. 

(5) The United States requires a balanced, integrated, countrywide strategy 

that provides assistance throughout Pakistan and does not disproportionately 

focus on military assistance or one particular area or province. 

(6) Despite killing or capturing hundreds of al Qaeda operatives and other 

terrorists—including major al Qaeda leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-Libi—Pakistan’s FATA, parts of the 

NWFP, Quetta in Balochistan, and Muridke in Punjab remain a sanctuary for 

al Qaeda, the Afghan Taliban, and affiliated groups from which these groups 

organize terrorist actions against Pakistan and other countries. 

(7) Pakistan’s security forces have recently begun taking concerted action 

against those who threaten Pakistan’s security and stability, with military operations in the Bajour agency in the FATA and in the Swat, Buner, and Dir districts in the NWFP. 

(8) The displacement of over 1,000,000 Pakistanis poses a grave humanitarian crisis and requires the immediate attention of the United Nations, and 

the strong support of donor nations, to provide food, water, shelter, medicine, 

sanitation and other emergency services and supplies to the displaced, along 

with longer-term development assistance. The humanitarian crisis highlights 

the need for Pakistan to develop an effective national counterinsurgency strategy, in order to mitigate such displacement. 

SEC. 4. DECLARATION OF PRINCIPLES. 

Congress declares that the relationship between the United States and Pakistan 

should be based on the following principles: 

(1) Pakistan is a critical friend and ally to the United States, both in times 

of strife and in times of peace, and the two countries share many common goals, 

including combating terrorism and violent radicalism, solidifying democracy and 

rule of law in Pakistan, and promoting the social and material well-being of the 

people of Pakistan. 

(2) United States assistance to Pakistan is intended to supplement, not supplant, Pakistan’s own efforts in building a stable, secure, and prosperous Pakistan, and United States assistance will be wholly ineffective without Pakistan’s 

own serious efforts to improve the health, education, and living standards of its 

population, including maintaining or increasing the financial resources devoted 

to such efforts. 

(3) The United States supports Pakistan’s struggle against extremist elements and recognizes the profound sacrifice made by Pakistan in the fight 

against terrorism, including the loss of more than 1,600 soldiers since 2001 in 

combat with al Qaeda, the Taliban, and other extremist and terrorist groups. 

(4) The United States intends to work with the Government of Pakistan— 

(A) to build mutual trust and confidence by actively and consistently 

pursuing a sustained, long-term, multifaceted relationship between the two 

countries, devoted to strengthening the mutual security, stability, and prosperity of both countries; 

(B) to support the people of Pakistan and their democratic government 

in their efforts to consolidate democracy, through strengthening Pakistan’s 

parliament, helping Pakistan reestablish an independent and transparent 

judicial system, and working to extend the rule of law in all areas in Pakistan; 

(C) to promote long-term development and infrastructure projects, including in healthcare, water management, and energy programs, in all 

areas of Pakistan, that are sustained and supported by each successive 

democratic government in Pakistan; 

(D) to encourage sustainable economic development in Pakistan and the 

integration of Pakistan into the global economy in order to improve the living conditions of the people of Pakistan; 

(E) to ensure that the people of Pakistan, including those living in 

areas governed by the FCR, have access to public, modernized education 

and vocational training to enable them to provide for themselves, for their 

families, and for a more prosperous future for their children; 

(F) to expand people-to-people engagement between the two countries, 

through increased educational, technical, and cultural exchanges and other 

methods; 

(G) to ensure transparency of and provide effective accountability for all 

United States assistance and reimbursements provided to Pakistan; 

(H) to take steps to improve Pakistan’s counterterrorism financing and 

anti-money laundering laws to comply with international standards, to inVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR129P1.XXX HR129P1

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clude applying for ‘‘Financial Action Task Force’’ observer status and adhering to the United Nations International Convention for the Suppression of 

the Financing of Terrorism; 

(I) to establish a counterinsurgency and counterterrorism strategy to 

prevent any territory of Pakistan from being used as a base or conduit for 

terrorist attacks in Pakistan, or elsewhere, and ensure that madrasas in 

Pakistan are not used to incite terrorism; 

(J) to ensure that Pakistan has strong and effective law enforcement 

and national defense forces, under civilian leadership, with sufficient and 

appropriate security equipment and training to effectively defend Pakistan 

against internal and external threats; 

(K) to ensure access of United States investigators to individuals suspected of engaging in worldwide proliferation of nuclear materials, as necessary, and restrict such individuals from travel or any other activity that 

could result in further proliferation; 

(L) to help Pakistan meet its commitment to not support any person 

or group that conducts violence, sabotage, or other activities meant to instill 

fear or terror in Pakistan’s neighboring countries; and 

(M) to help Pakistan gain control of its under-governed areas and stop 

any support, direction, guidance to, or acquiescence in the activities of, any 

person or group that engages in acts of violence or intimidation against civilians, civilian groups, or governmental entities. 

TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTAN 

SEC. 101. PURPOSES OF ASSISTANCE. 

The purposes of assistance under this title are— 

(1) to demonstrate unequivocally the long-term commitment of the United 

States to the people of Pakistan and Pakistan’s democratic institutions; 

(2) to support the consolidation of democracy, good governance, and the rule 

of law in Pakistan; 

(3) to help build the capacity of law enforcement forces in Pakistan to combat terrorism and violent militancy and expeditiously investigate, arrest, and 

prosecute alleged criminals, consistent with the rule of law and due process; 

(4) to further the sustainable and effective economic and social development 

of Pakistan and the improvement of the living conditions of the people of Pakistan, especially in areas of direct interest and importance to their daily lives; 

(5) to strengthen regional ties between Pakistan and its neighbors by offering concrete nonmilitary assistance for issues of mutual economic and social 

concern; 

(6) to strengthen Pakistan’s public education system, increase literacy, expand opportunities for vocational training, and help create an appropriate national curriculum for all schools in Pakistan; 

(7) to expand people-to-people engagement between the United States and 

Pakistan, through increased educational, technical, and cultural exchanges and 

other methods; and 

(8) to strengthen respect for internationally recognized human rights in efforts to stabilize the security environment in Pakistan. 

SEC. 102. AUTHORIZATION OF ASSISTANCE. 

(a) IN GENERAL.—To carry out the purposes of section 101, the President is authorized to provide assistance for Pakistan to support the activities described in subsection (b). 

(b) ACTIVITIES SUPPORTED.—Activities that may be supported by assistance 

under subsection (a) include the following: 

(1) FORTIFYING DEMOCRATIC INSTITUTIONS.—To support, notwithstanding 

any other provision of law, democratic institutions in Pakistan in order to 

strengthen civilian rule and long-term stability, including assistance such as— 

(A) support for efforts to strengthen the National Parliament of Pakistan, including— 

(i) assistance to parliamentary committees to enhance the capacity 

to conduct public hearings and oversee government activities, including 

national security issues and the military budget, to solicit input on key 

public policy issues, and to oversee the conduct of elections; 


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(ii) support for the establishment of constituency offices and otherwise promote the responsibility of members of parliament to respond to 

constituents; and 

(iii) strengthening of the role of parliamentary leadership; 

(B) support for voter education and civil society training, including 

training with grassroots organizations to enhance the capacity of the organizations to advocate for the development of public policy; 

(C) support for political parties, including increasing their capacity and 

protecting their right to carry out political activities without restriction 

(other than reasonable administrative requirements commonly applied in 

democratic countries) and fostering the responsiveness of such parties to 

the needs of the people of Pakistan; 

(D) support for strengthening the capacity of the civilian Government 

of Pakistan to carry out its responsibilities, including supporting the establishment of frameworks that promote government transparency and criminalize corruption in both the government and private sector, audit offices, 

inspectors general offices, third party monitoring of government procurement processes, whistle-blower protections, and anti-corruption agencies; 

and 

(E) in particular, support for efforts by the Government of Pakistan to 

promote governance reforms in the FATA, including— 

(i) extension of the Political Parties Act; 

(ii) local experimentation with methods to transition from the FCR; 

and 

(iii) long-term development of durable and responsive political institutions. 

(2) ENHANCEMENT AND STRENGTHENING OF THE JUDICIAL SYSTEM AND LAW

ENFORCEMENT.—To support, notwithstanding any other provision of law, Pakistan’s efforts to expand the rule of law and build the capacity, transparency, 

and trust in government institutions, at the national, provincial, and local levels, including assistance such as— 

(A) support for the rule of law and systemic improvement of judicial 

and criminal justice institutions, including— 

(i) management of courts; 

(ii) enhanced career opportunities and professional training for 

judges, public defenders, and prosecutors; and 

(iii) efforts to enhance the rule of law to all areas in Pakistan 

where the writ of the government is under heightened challenge by terrorists and militants, including through innovations in the delivery of 

judicial services that enhance the legitimacy of state institutions; 

(B) support for professionalization of the police, including— 

(i) training regarding use of force; 

(ii) education and training regarding human rights; 

(iii) training regarding evidence preservation and chain of custody; 

and 

(iv) training regarding community policing; 

(C) support for independent law enforcement agencies, such as the Intelligence Bureau of the Ministry of Interior, responsive to civilian control, 

including— 

(i) enhanced coordination with judicial processes; 

(ii) enhancement of forensics capabilities; 

(iii) data collection and analyses; 

(iv) case tracking and management; 

(v) financial intelligence functions; and 

(vi) maintenance of data systems to track terrorist of criminal activity; and 

(D) strengthening the capacity of the police and other civilian law enforcement agencies to provide a robust response to threats from extremists 

and terrorists along the frontier and elsewhere in Pakistan, including— 

(i) the development of an elite rapid reaction force which could be 

deployed on short notice to secure areas that are threatened by militancy; and 

(ii) facilitating improved counterterrorism and counterinsurgency 

coordination between local government officials, the police, paramilitary, and military leaders. 

(3) SUPPORT FOR BROAD-BASED AND SUSTAINABLE ECONOMIC DEVELOPMENT.—To support economic development in Pakistan by— 

(A) promoting energy sector reform and development; 


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(B) expanding assistance for agricultural and rural development, including farm-to-market roads, systems to prevent spoilage and waste, and 

other small-scale infrastructure improvements that will enhance supply and 

distribution networks; 

(C) increasing employment opportunities, including support to small 

and medium enterprises, microfinance and microenterprise activities, and 

in particular programs to improve the lives of women and girls; and 

(D) increasing investment in infrastructure, including construction of 

roads, water resource management systems, irrigation channels, and continued development of a national aviation industry and aviation infrastructure. 

(4) SUPPORT TO INCREASE LOCAL CAPACITY.—To increase the capacity and 

improve the sustainability of Pakistan’s national, provincial, and local governmental and nongovernmental institutions, including assistance to— 

(A) increase and improve the capacity of Pakistan’s national, provincial, 

and local governmental institutions by— 

(i) providing technical assistance to all ministries to improve transparency and ability to respond to the needs of the people of Pakistan; 

and 

(ii) promoting the implementation of fiscal and personnel management, including revenue tracking and expenditure systems; and 

(B) enhance the capacity of Pakistan’s nongovernmental and civil society organizations to respond to the needs of the people of Pakistan by— 

(i) increasing support for local nongovernmental organizations with 

demonstrated experience in delivering services to the people of Pakistan, particularly to women, children, and other vulnerable populations 

in Pakistan; 

(ii) providing training and education to local nongovernmental and 

civil society organizations on ways to identify and improve the delivery 

of services to the people of Pakistan; and 

(iii) promoting local ownership and participation, including encouraging communities to contribute a percentage of the value of United 

States projects or activities carried out under this title in the form of 

labor, in-kind materials, or other provisions. 

(5) SUPPORT FOR PUBLIC EDUCATION SYSTEM.—To support Pakistan’s public 

education system, including— 

(A) implementation of a national education strategy, to include both 

primary and secondary education, focused on literacy and civic education, 

including— 

(i) programs to assist development of modern, nationwide school 

curriculums for public, private, and religious schools that incorporate 

relevant subjects, such as math, science, literature, and human rights 

awareness, in addition to agricultural education and training; 

(ii) enhancement of civic education programs focused on political 

participation, democratic institutions, and tolerance of diverse ethnic 

and religious groups; and 

(iii) support for the proper oversight of all educational institutions, 

including madrasas, as required by Pakistani law, including registration with the Ministry of Education and regular monitoring of curriculum by the Ministry of Education to ensure students in Pakistan 

receive a comprehensive education; 

(B) initiatives to enhance the access to education for women and girls, 

and to increase women’s literacy, with special emphasis on helping girls 

stay in school; 

(C) funding to the Government of Pakistan to use to increase immediately teacher salaries and to recruit and train teachers and administrators, as well as develop formalized salary scales with merit-based pay increases; 

(D) establishment of vocational and technical programs to enhance employment opportunities; 

(E) encouragement of United States and Pakistani public-private partnerships to increase investment in higher education and technical training 

opportunities; 

(F) construction and maintenance of public schools, including water 

sanitation, perimeter walls, and recreation areas; 

(G) provision of textbooks and other learning materials and food assistance for student meals; and 


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(H) provision of software to educational institutions and students at the 

lowest possible cost, specifically targeting universities that specialize in information technology, and women’s colleges and women’s secondary schools. 

(6) SUPPORT FOR HUMAN RIGHTS.—To promote respect for and compliance 

with internationally recognized human rights, including assistance such as— 

(A) programs to strengthen civil society organizations that promote 

internationally recognized human rights, including religious freedom, freedom of expression, and freedom of association, and that support human 

rights monitoring; 

(B) promotion of education regarding internationally recognized human 

rights; 

(C) programs designed to end traditional practices and punishments 

that are inconsistent with internationally recognized human rights norms 

and protections, such as honor killings and other forms of cruel and unusual punishments; 

(D) promotion of freedom of religion and religious tolerance, protection 

of religious minorities, and promotion of freedom of expression and association, including support for responsible independent media; 

(E) promotion of nongovernmental organizations that focus on the protection of women and girls, including women-led organizations and programs that support the participation of women in the national, provincial, 

and local political process, and programs to end violence against women, including rape; 

(F) technical, legal, and law enforcement assistance for the investigation of past disappearances of individuals in Pakistan and the development 

of a national data base of such individuals; and 

(G) programs in support and protection of the rights of ethnic minorities in Pakistan, including Baluchis, Sindhis, and Pashtuns, to preserve 

their language, culture, traditional areas of inhabitancy, and to fight any 

direct or indirect discrimination. 

(7) SUPPORT FOR REFUGEES AND INTERNALLY DISPLACED PERSONS.—It is the 

sense of Congress that— 

(A) counterinsurgency operations being carried out by the Government 

of Pakistan should be designed to minimize civilian casualties and collateral damage to the people of Pakistan and to provide security for the delivery of humanitarian assistance to the affected civilian population; 

(B) the United States should continue to provide robust assistance to 

the people of Pakistan who have been displaced as a result of ongoing conflict and violence; 

(C) the United States should support international efforts to coordinate 

assistance to refugees and internally displaced persons in Pakistan, including by providing support to international and nongovernmental organizations for this purpose; 

(D) the Administrator of the United States Agency for International Development should support the development objectives of the Refugee Affected and Host Areas (RAHA) Initiative in Pakistan to address livelihoods, 

heath, education, infrastructure development, and environmental restoration in identified parts of the country where Afghan refugees have lived; 

and 

(E) the Administrator of the United States Agency for International Development should evaluate the effectiveness of the livelihoods projects in 

the FATA in order to determine whether systems need to be put into place 

to improve programming in this key sector. 

(8) SUPPORT FOR HEALTHCARE EFFORTS.—To provide urgently needed 

healthcare assistance to the people of Pakistan, including assistance to supplement the Government of Pakistan’s efforts to eliminate diseases, including hepatitis. 

(9) SUPPORT FOR PUBLIC DIPLOMACY.—To implement a more effective public 

diplomacy strategy in Pakistan in order to ensure that the Pakistani public recognizes that it is in Pakistan’s own interest to partner with the United States 

and other like-minded countries to combat militant extremism, as well as to 

promote a better understanding of the United States, including through the following: 

(A) Partnering with the Government of Pakistan to highlight the negative behavior of insurgent groups and to encourage civil society, respected 

scholars, and other leaders to speak out against militancy and violence. 

(B) Providing technical assistance to the Government of Pakistan to 

both disrupt and provide alternatives to the illegal FM radio stations used 

by insurgent groups in the FATA and adjacent districts of the NWFP. 


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(C) Expanded exchange activities under the Fulbright Program, the 

International Visitor Leadership Program, the Youth Exchange and Study 

Program, and related programs administered by the Department of State 

designed to promote mutual understanding and interfaith dialogue. 

(D) Expansion of sister institution programs between United States and 

Pakistani schools and universities, towns and cities, and other organizations in such fields as medicine and healthcare, business management, environmental protection, information technology, and agriculture. 

(E) Additional scholarships to enable students to study in the United 

States. 

SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN. 

To the extent that Pakistan continues to evolve toward civilian control of the 

government and to develop and implement comprehensive economic reform programs, the President should do the following: 

(1) MULTILATERAL SUPPORT.—Take the lead in mobilizing international financial institutions, in particular the International Monetary Fund and affiliated institutions in the World Bank group, to provide timely and appropriate 

resources to help Pakistan. 

(2) STABILIZATION ASSISTANCE.—In conjunction with other governments and 

international financial institutions (including the International Monetary 

Fund), support the implementation of a plan of the Government of Pakistan to 

attack structural economic problems, address pressing social problems, carry 

out comprehensive economic reform, and relieve immediate and urgent balance 

of payments requirements in Pakistan. 

(3) CURRENCY STABILIZATION LOANS.—Provide leadership in supporting multilateral agreements to provide government-to-government loans for currency 

stabilization in Pakistan if the loans can reduce inflation and thereby foster 

conditions necessary for the effective implementation of economic reforms. 

SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND. 

(a) ESTABLISHMENT OF FUND.—There is established in the Treasury of the 

United States a fund to be known as the ‘‘Pakistan Democracy and Prosperity Fund’’ 

(hereinafter in this section referred to as the ‘‘Fund’’), consisting of such amounts 

as may be appropriated or transferred to the Fund as provided in this section and 

which may be used for purposes of this title. 

(b) TRANSFERS TO FUND.—The Fund shall consist of the following: 

(1) Amounts appropriated to carry out this title. 

(2) Amounts appropriated on or after the date of the enactment of this Act 

for ‘‘Development Assistance’’, ‘‘Global Health and Child Survival’’, and the 

‘‘Economic Support Fund’’ for assistance for Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are transferred by the President 

to the Fund pursuant to subsection (d). 

(3) To the extent or in the amounts provided in advance in appropriations 

Acts, amounts accepted by the President under subsection (c) that are transferred by the President to the Fund pursuant to subsection (d). 

(c) ACCEPTANCE OF AMOUNTS FROM OUTSIDE SOURCES.—The President may accept funds from non-United States Government sources, including foreign governments, nongovernmental organizations, private business entities, and private individuals, for purposes of carrying out this title. 

(d) STATUS OF AVAILABILITY OF AMOUNTS IN FUND.—The President is authorized 

to transfer to the Fund amounts under paragraphs (2) and (3) of subsection (b). 

Such amounts shall be merged with and shall be available for any purpose for which 

any of the amounts so transferred are available. 

(e) REPORT.—The President shall transmit to the appropriate congressional 

committees not later than 180 days after the date of the enactment of this Act, and 

every 180 days thereafter until September 30, 2018, a report on programs, projects, 

and activities carried out using amounts obligated and expended from the Fund. 

SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to the President to 

carry out this title $1,500,000,000 for each of the fiscal years 2010 through 2013. 

(b) AVAILABILITY.—Amounts authorized to be appropriated to carry out this title 

for a fiscal year are— 

(1) authorized to remain available until September 30 of the succeeding fiscal year; and 

(2) in addition to amounts otherwise available for such purposes. 

(c) SENSE OF THE CONGRESS.—It is the sense of Congress that United States assistance provided under this title should be made available on a proportional and 

equitable basis between the FATA and other regions of Pakistan. 


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TITLE II—SECURITY ASSISTANCE FOR 

PAKISTAN 

SEC. 201. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) United States security assistance for Pakistan should be used to improve relationships between United States military and Pakistani military personnel, including outreach to the ‘‘lost generation’’ of Pakistan’s officers who did 

not attend United States-sponsored training as a result of restrictions placed on 

United States assistance for Pakistan due to Pakistan’s possession of a nuclear 

device; and 

(2) United States security assistance for Pakistan should be fully accountable, should be contingent on Pakistan ending support for terrorist groups, and 

should meet the national security needs of Pakistan. 

SEC. 202. PURPOSES OF ASSISTANCE. 

The purposes of assistance under this title are— 

(1) to support Pakistan’s paramount national security need to fight and win 

the ongoing counterinsurgency within its borders; 

(2) to work with the Government of Pakistan to protect and secure Pakistan’s borders and prevent any Pakistani territory from being used as a base 

or conduit for terrorist attacks in Pakistan, or elsewhere; 

(3) to work in close cooperation with the Government of Pakistan to coordinate action against extremist and terrorist targets; and 

(4) to develop knowledge of and appreciation for democratic governance and 

a military that is controlled by and responsible to democratically elected civilian 

leadership. 

SEC. 203. AUTHORIZATION OF ASSISTANCE. 

(a) INTERNATIONAL MILITARY EDUCATION AND TRAINING.— 

(1) IN GENERAL.—Of the amounts authorized to be appropriated to carry out 

this title for a fiscal year, not less than $4,000,000 is authorized be made available for assistance under chapter 5 of part II of the Foreign Assistance Act of 

1961 (22 U.S.C. 2347 et seq.; relating to international military education and 

training) for Pakistan, including expanded international military education and 

training (commonly known as ‘‘E–IMET’’). 

(2) USE OF FUNDS.—Not less than 30 percent of the amount authorized to 

be made available under this subsection for a fiscal year is authorized to be 

used to pay for courses of study and training in counterinsurgency and civilmilitary relations. 

(b) FOREIGN MILITARY FINANCING PROGRAM.— 

(1) IN GENERAL.—Of the amounts authorized to be appropriated to carry out 

this title for a fiscal year, not less than $300,000,000 is authorized to be made 

available for grant assistance under section 23 of the Arms Export Control Act 

(22 U.S.C. 2763; relating to the Foreign Military Financing program) for the 

purchase of defense articles, defense services, and military education and training for Pakistan. 

(2) USE OF FUNDS.—Not less than 75 percent of the amount authorized to 

be made available under this subsection for a fiscal year is authorized to be 

used for the purchase of defense articles, defense services, and military education and training for activities relating to counterinsurgency and counterterrorism operations in Pakistan. Such articles, services, and military education 

and training may include the following: 

(A) Aviation maintenance and logistics support for United States-origin 

and United States-supported rotary wing aircraft and upgrades to such aircraft to include modern night vision and targeting capabilities. 

(B) Intelligence, surveillance, and reconnaissance (ISR) ground and air 

manned and unmanned platforms, including sustainment. 

(C) Command and control capabilities. 

(D) Force protection and counter improvised explosive device capabilities, including protection of vehicles. 

(E) Protective equipment, such as body armor and helmets, night vision 

goggles, and other individual equipment, including load-bearing equipment, 

individual and unit level first aid equipment, ballistic eye protection, and 

cold weather equipment. 

(F) Appropriate individual and unit level medical services and articles 

for the Pakistan Army, the Pakistan Frontier Corps, and other appropriate 

security forces. 


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(G) Assistance to enable the Pakistani military to distribute humanitarian assistance and establish a tactical civil-military operations capability, including a civil affairs directorate. 

(3) RESTRICTION RELATING TO F–16 PROGRAM.— 

(A) CONGRESSIONAL FINDING.—In accordance with the Letters of Offer 

and Acceptance signed between the United States and Pakistan in 2006, 

Congress finds that the Government of Pakistan is responsible for making 

the remaining payments of the F-16 sale with its own national funds. 

(B) RESTRICTION.—Subject to subparagraph (C), amounts authorized to 

be made available under this subsection or section 204 for a fiscal year may 

not be used for the purchase of, or upgrade to, F–16 fighter aircraft or munitions for such aircraft. 

(C) EXCEPTION.—Amounts authorized to be made available under this 

subsection for a fiscal year are authorized to be used for military construction pursuant to the security plan contained in the Letters of Offer and Acceptance signed between the United States and Pakistan in 2006. 

(D) WAIVER.—The President may waive the restriction under subparagraph (B) with respect to amounts authorized to be made available under 

this subsection for a fiscal year, other than amounts authorized to be made 

available under paragraph (2) of this subsection, if the President certifies 

to the appropriate congressional committees not later than 15 days prior to 

exercising the authority of this subparagraph that the waiver is important 

to the national security interests of the United States. 

(4) SECURITY ASSISTANCE PLAN.—Not later than 180 days after the date of 

the enactment of this Act, the President shall transmit to the appropriate congressional committees a plan for the proposed use of amounts authorized to be 

made available under this subsection for each of the fiscal years 2010 through 

2013. Such plan may be transmitted to the appropriate congressional committees in conjunction with the plan required under section 204(f)(1). 

(5) DEFINITIONS.—In this section, the terms ‘‘defense articles’’, ‘‘defense 

services’’, and ‘‘military education and training’’ have the meaning given such 

terms in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). 

(c) SENSE OF CONGRESS.—It is the sense of Congress that the United States 

should facilitate Pakistan’s establishment of a program to enable the Pakistani military to provide reconstruction assistance in areas damaged by combat operations. 

SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITIES FUND. 

(a) ESTABLISHMENT OF FUND.—There is established in the Treasury of the 

United States a fund to be known as the ‘‘Pakistan Counterinsurgency Capabilities 

Fund’’ (hereinafter in this section referred to as the ‘‘Fund’’ or the ‘‘PCCF’’), consisting of such amounts as may be appropriated or transferred to the Fund as provided in this section. 

(b) TRANSFERS TO FUND.—The PCCF shall consist of the following: 

(1) Amounts appropriated to carry out this section. 

(2) Amounts appropriated on or after the date of the enactment of this Act 

to carry out the provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 

of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act for assistance for enhancing counterinsurgency capabilities of 

Pakistan that are transferred by the President to the Fund pursuant to subsection (e). 

(c) PURPOSES OF FUND.—Amounts in the Fund are authorized to be used by the 

Secretary of State, with the concurrence of the Secretary of Defense, to enhance the 

capability of Pakistan to conduct counterinsurgency and counterterrorism operations, including— 

(1) the training and equipping of the armed forces of Pakistan, including 

the articles, services, and military education and training described in section 

203(b)(2); 

(2) the training and equipping of paramilitary and other security forces, including the Frontier Corps, and, on an exceptional basis, irregular security 

forces; and 

(3) building the capability of the forces described in paragraphs (1) and (2) 

to respond to urgent humanitarian relief and reconstruction requirements that 

will immediately assist those civilians affected by military operations. 

(d) ADDITIONAL AUTHORITY.— 

(1) IN GENERAL.—Except as provided in section 3(a)(2) of the Arms Export 

Control Act and except as otherwise provided in this title, amounts in the Fund 

shall be available notwithstanding any other provision of law. 

(2) AVAILABILITY.—Amounts in the Fund shall be available in the fiscal 

year they were appropriated and the succeeding fiscal year. 


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(e) TRANSFER AUTHORITY.— 

(1) IN GENERAL.—The Secretary of State may transfer amounts appropriated for Pakistan pursuant to the provisions of law described in subsection 

(b)(2) to the Fund. Such funds shall be merged with amounts in the Fund and 

shall be available for any purpose for which any of the amounts so transferred 

are available. 

(2) TO OTHER AGENCIES.—The Secretary of State may transfer amounts in 

the Fund to the Department of Defense or any other Federal department or 

agency, with the concurrence of the head of such department or agency, to enable such departments and agencies to support Pakistan’s counterinsurgency 

operations, and such amounts may be merged with and be available for the 

same purposes and for the same time period as the appropriation or fund to 

which transferred or may be transferred pursuant to the authorities contained 

in the Foreign Assistance Act of 1961. 

(3) NOTIFICATION.—The Secretary of State shall, not less than 15 days prior 

to making transfers from Fund, notify the appropriate congressional committees 

in writing of the details of any such transfer. If the Secretary determines that 

it is in the national security interest of the United States to transfer such funds 

immediately, the Secretary shall notify the appropriate congressional committees not later than 5 days after the transfer of such funds. 

(4) RETRANSFER.—Upon determination by the Secretary of Defense or head 

of any other Federal department or agency, with the concurrence of the Secretary of State, that all or part of the funds transferred from the Fund pursuant 

to paragraph (2) are not necessary for the purposes described in subsection (c), 

such amounts may be transferred by the head of the relevant Federal department or agency back to the Fund and shall be available for the same purposes 

and for the same time period as originally appropriated. 

(5) RELATIONSHIP TO OTHER LAWS.—The authority of this section is in addition to transfer authorities provided in the Foreign Assistance Act of 1961 or 

under any other provision of law. 

(f) REPORT.— 

(1) INITIAL SPENDING PLAN.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of State shall submit to the appropriate 

congressional committees an initial spending plan for the any amounts in the 

Fund. 

(2) IMPLEMENTATION.—Not later than April 1, 2010, and every six months 

thereafter through September 30, 2013, the Secretary shall submit to the appropriate congressional committees a report summarizing, on a project-by-project 

basis, the activities carried out by the Fund, including a description of provisions of law waived to carry out such activities. 

(g) SUBMISSION OF REPORTS AND NOTIFICATIONS.—Any report or notification required by this section shall be submitted in classified form, but may include a unclassified annex if necessary. 

(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the 

term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Appropriations, the Committee on Armed Services, 

and the Committee on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Appropriations, the Committee on Armed Services, 

and the Committee on Foreign Relations of the Senate. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

for the Fund $700,000,000 for fiscal year 2010 and such sums as may be necessary 

for each of the fiscal years 2011 through 2013. 

SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND CIVILIAN PERSONNEL OF PAKISTAN 

AND CERTAIN OTHER COUNTRIES. 

(a) IN GENERAL.—The Secretary of State is authorized to establish an exchange 

program between— 

(1) military and civilian personnel of Pakistan, and 

(2)(A) military and civilian personnel of countries determined by the Secretary of State to be in transition to democracy, or 

(B) military and civilian personnel of North Atlantic Treaty Organization 

member countries, 

in order to foster greater respect for and understanding of the principle of civilian 

rule of Pakistan’s military. The program established under this subsection shall be 

known as the ‘‘Pakistan Military Transition Program’’. 

(b) ELEMENTS OF PROGRAM.—The program authorized under subsection (a) may 

include— 

(1) conferences, seminars, and other events; 

(2) distribution of publications; and 


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(3) reimbursement of expenses of foreign military personnel participating in 

the program, including transportation expenses, translation services expenses, 

and administrative expenses relating to the program. 

(c) ROLE OF NONGOVERNMENTAL ORGANIZATIONS.—Amounts authorized to be 

appropriated to carry out this title for a fiscal year are authorized to be made available for nongovernmental organizations to facilitate the implementation of the program authorized under subsection (a). 

SEC. 206. LIMITATION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN. 

(a) PROHIBITION ON USE OF FUNDS.—None of the funds authorized to be appropriated for military assistance to Pakistan for fiscal year 2011 and each fiscal year 

thereafter may be obligated or expended if the President has not made the determinations described in subsection (b) for such fiscal year. 

(b) DETERMINATIONS REGARDING ENHANCED COOPERATION BETWEEN THE

UNITED STATES AND PAKISTAN.—The determinations referred to in subsection (a) are— (1) a determination by the President at the beginning of each fiscal year 

that the Government of Pakistan is continuing to cooperate with the United 

States in efforts to dismantle supplier networks relating to the acquisition of 

nuclear weapons-related materials, including, as necessary, providing direct access to Pakistani nationals associated with such networks; and 

(2) a determination by the President at the beginning of each fiscal year 

that the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and making progress towards combating 

terrorist groups, including taking into account the progress the Government of 

Pakistan has made with regard to— 

(A) ceasing support, including by any elements within the Pakistan 

military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or 

coalition forces in Afghanistan, or against the territory or people of neighboring countries; 

(B) closing terrorist camps in the FATA, dismantling terrorist bases of 

operations in other parts of the country, including Quetta and Muridke, and 

taking action when provided with intelligence about high-level terrorist targets; 

(C) preventing cross-border attacks into neighboring countries; and 

(D) strengthening counter-terrorism and anti-money laundering laws. 

(c) WAIVER.—The President may waive the restriction under subsection (a) for 

any fiscal year if the President certifies to the appropriate congressional committees 

15 days before the President exercises the authority of this subsection that the provision of military assistance to Pakistan is important to the national security interests of the United States. 

(d) CONSULTATION AND WRITTEN JUSTIFICATION.—Not later than 5 days prior to 

making a determination described in subsection (b), the President shall consult with 

the appropriate congressional committees and, upon making such determination, 

shall submit to the appropriate congressional committees a written justification that 

specifies the basis upon which the President made such a determination, including 

an acknowledgment of the extent to which the Government of Pakistan has made 

progress with regard to subsection (b)(2). The justification shall be unclassified but 

may include a classified annex. 

(e) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘appropriate congressional committees’’ means the Committees 

on Foreign Affairs and Armed Services of the House of Representatives and the 

Committees on Foreign Relations and Armed Services of the Senate; and 

(2) the term ‘‘military assistance’’— 

(A) means assistance authorized under section 23 of the Arms Export 

Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program), including assistance authorized under section 203(b) of this Act, assistance authorized under section 204 of this Act, and assistance authorized 

under part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.), 

other than assistance authorized under chapter 5 of part II of such Act (22 

U.S.C. 2347 et seq.); but 

(B) does not include assistance authorized under any provision of law 

that is funded from accounts within budget function 050 (National Defense). 

SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to the President to 

carry out this title, other than section 204, $400,000,000 for each of the fiscal years 

2010 through 2013. 


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(b) RELATION TO OTHER AVAILABLE FUNDS.—Amounts authorized to be appropriated to carry out this title for a fiscal year are in addition to amounts otherwise 

available for such purposes. 

TITLE III—MISCELLANEOUS PROVISIONS 

SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRATEGY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the achievement of 

United States national security goals to eliminate terrorist threats and close safe 

havens in Pakistan requires the development of a comprehensive plan that utilizes 

all elements of national power, including in coordination and cooperation with other 

concerned governments, and that it is critical to Pakistan’s long-term prosperity and 

security to strengthen regional relationships among India, Pakistan, and Afghanistan. 

(b) COMPREHENSIVE REGIONAL SECURITY STRATEGY.—The President shall develop a comprehensive regional security strategy to eliminate terrorist threats and 

close safe havens in Pakistan, including by working with the Government of Pakistan and other relevant governments and organizations in the region and elsewhere, 

as appropriate, to best implement effective counterinsurgency and counterterrorism 

efforts in and near the border areas of Pakistan and Afghanistan, including the 

FATA, NWFP, parts of Balochistan, and parts of Punjab. 

(c) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment 

of this Act, the President shall transmit to the appropriate congressional committees a report on the comprehensive regional security strategy required under 

subsection (b). 

(2) CONTENTS.—The report shall include a copy of the comprehensive regional security strategy, including specifications of goals, and proposed 

timelines and budgets for implementation of the strategy. 

(d) DEFINITION.—For purposes of this section, the term ‘‘appropriate congressional committees’’ means the Committees on Foreign Affairs and Armed Services 

of the House of Representatives and the Committees on Foreign Relations and 

Armed Services of the Senate. 

SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE. 

(a) DEFINITIONS.—In this section: 

(1) IMPACT EVALUATION RESEARCH.—The term ‘‘impact evaluation research’’ 

means the application of research methods and statistical analysis to measure 

the extent to which change in a population-based outcome can be attributed to 

program intervention instead of other environmental factors. 

(2) OPERATIONS RESEARCH.—The term ‘‘operations research’’ means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs 

through their development and implementation, with the objective of the rapid 

dissemination of conclusions and concrete impact on programming. 

(3) PROGRAM MONITORING.—The term ‘‘program monitoring’’ means the collection, analysis, and use of routine program data to determine how well a program is carried out and how much the program costs. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) to successfully enhance democracy and the rule of law in Pakistan, defeat extremist elements, and ensure the protection of human rights, the President should establish a program to conduct impact evaluation research, operations research, and program monitoring to ensure effectiveness of assistance 

provided under title I of this Act; 

(2) long-term solutions to Pakistan’s security problems depend on increasing the effectiveness and responsiveness of civilian institutions in Pakistan, including the parliament and judicial system; 

(3) a specific program of impact evaluation research, operations research, 

and program monitoring, established at the inception of the program, is required to permit assessment of the operational effectiveness of impact of United 

States assistance towards these goals; and 

(4) the President, in developing performance measurement methods under 

the impact evaluation research, operations research, and program monitoring, 

should consult with the appropriate congressional committees as well as the 

Government of Pakistan. 

(c) IMPACT EVALUATION RESEARCH, OPERATIONS RESEARCH AND PROGRAM MONITORING OF ASSISTANCE.—The President shall establish and implement a program to 


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assess the effectiveness of assistance provided under title I of this Act through impact evaluation research on a selected set of programmatic interventions, operations 

research in areas to ensure efficiency and effectiveness of program implementation, 

and monitoring to ensure timely and transparent delivery of assistance. 

(d) REQUIREMENTS.—The program required under subsection (c) shall include— 

(1) a delineation of key impact evaluation research and operations research 

questions for main components of assistance provided under title I of this Act; 

(2) an identification of measurable performance goals for each of the main 

components of assistance provided under title I of this Act to be expressed in 

an objective and quantifiable form at the inception of the program; 

(3) the use of appropriate methods, based on rigorous social science tools, 

to measure program impact and operational efficiency; and 

(4) adherence to a high standard of evidence in developing recommendations for adjustments to the assistance to enhance the impact of the assistance. 

(e) ASSISTANCE TO ENHANCE THE CAPACITY OF PAKISTAN.—In carrying out the 

program required under subsection (c), the President is authorized to provide assistance to enhance the capacity of the Government of Pakistan to monitor and evaluate 

programs carried out by the national, provincial, and local governments in Pakistan 

in order to maximize the long-term sustainable development impact of such programs. 

(f) CONSULTATION WITH CONGRESS.—Not later than 120 days after the date of 

the enactment of this Act, the President shall brief and consult with the appropriate 

congressional committees regarding the progress in establishing and implementing 

the program required under subsection (c). 

(g) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized to be appropriated under section 105 for each of the fiscal years 2010 through 2013, up to 

5 percent of such amounts for such fiscal year is authorized to be made available 

to carry out this section for the fiscal year. 

SEC. 303. AUDITING. 

(a) ASSISTANCE AUTHORIZED.—The Inspector General of the Department of 

State and the Inspector General of the United States Agency for International Development shall audit, investigate, and oversee the obligation and expenditure of 

funds to carry out title I of this Act. 

(b) REQUIREMENT FOR IN-COUNTRY PRESENCE.—The Inspector General of the 

Department of State and the Inspector General of the United States Agency for 

International Development, after consultation with the Secretary of State and the 

Administrator of the United States Agency for International Development, are authorized to establish field offices in Pakistan with sufficient staff from each of the 

Offices of the Inspector General in Pakistan respectively to carry out subsection (a). 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Of the amounts authorized to be appropriated under section 105 for each of the fiscal years 2010 through 2013, not less than $2,000,000 

for each fiscal year is authorized to be made available to the Office of the Inspector General of the Department of State and not less than $2,000,000 for 

each fiscal year is authorized to be made available to the Office of the Inspector 

General of the United States Agency for International Development to carry out 

this section. 

(2) RELATION TO OTHER AVAILABLE FUNDS.—Amounts made available under 

paragraph (1) are in addition to amounts otherwise available for such purposes. 

SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF UNITED STATES ASSISTANCE FOR 

PAKISTAN. 

(a) REQUIREMENTS.—Any direct assistance provided or payments made on or 

after January 1, 2010, by the United States to the Government of Pakistan, and any 

information required by the United States prior to providing the assistance or making the payments, may only be provided or made to, or received from, civilian authorities of a government of Pakistan constituted through a free and fair election. 

For purposes of this subsection, a government of Pakistan constituted through a free 

and fair election is a government that is determined by the President to have been 

elected in a free and fair manner, taking into account the laws and constitution of 

Pakistan and internationally recognized standards. 

(b) WAIVER.—The President may waive— 

(1) the requirements under subsection (a), or 

(2) the requirements under any other provision of law that restricts assistance to the government of any country whose duly elected head of government 

is deposed by military coup or decree, as such provision of law applies with respect to the Government of Pakistan, 

if the President certifies to the appropriate congressional committees that the waiver is important to the national security interests of the United States. 


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(c) RULE OF CONSTRUCTION.—Nothing in this section shall apply with respect 

to any activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). 

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means the Committees on Appropriations, Armed Services, and Foreign Affairs 

of the House of Representatives and the Committees on Appropriations, Armed 

Services, and Foreign Relations of the Senate. 

SEC. 305. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the Secretary of State, with the concurrence of the Secretary of Defense, 

should establish a coordinated, strategic communications strategy to engage the 

people of Pakistan—one that is fully funded, staffed, and implemented—to help 

ensure the success of the measures authorized by this Act; and 

(2) the strategy should have clear and achievable objectives, based on available resources, and should be overseen by the United States Chief of Mission 

in Pakistan. 

SEC. 306. REPORTS. 

(a) REPORT BY PRESIDENT.— (1) IN GENERAL.—The President shall transmit to the appropriate congressional committees a report on assistance provided under titles I and II of this 

Act during the preceding fiscal year. The first report shall be transmitted not 

later than 180 days after the date of the enactment of this Act and subsequent 

reports shall be transmitted not later than December 31 of each year thereafter. 

(2) MATTERS TO BE INCLUDED.—The report required under subsection (a) 

shall include the following: 

(A) A detailed description of the assistance by program, project, and activity, as well as by geographic area. 

(B) A general description of the performance goals established under 

section 302 and the progress made in meeting the goals. 

(C) An evaluation of efforts undertaken by the Government of Pakistan 

to— 

(i) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other 

extremist and terrorist groups in the FATA and settled areas; 

(ii) close terrorist camps, including those of Jamaat-ud-Dawa, 

Lashkar-e-Taiba, and Jaish-e-Mohammed; 

(iii) cease all support for extremist and terrorist groups; 

(iv) prevent cross-border attacks; 

(v) increase oversight over curriculum in madrasas, including closing madrasas with direct links to the Taliban or other extremist and 

terrorist groups; and 

(vi) improve counter-terrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task 

Force, and steps taken to adhere to the United Nations International 

Convention for the Suppression of Financing of Terrorism. 

(D) A detailed description of Pakistan’s efforts to prevent proliferation 

of nuclear-related material and expertise. 

(E) An assessment of whether assistance provided to Pakistan pursuant 

to this Act has directly or indirectly aided the expansion of Pakistan’s nuclear weapons program, whether by the diversion of United States assistance or the reallocation of Pakistan financial resources that would otherwise be spent for programs and activities unrelated to its nuclear weapons 

program. 

(F) A description of the transfer or purchase of military equipment pursuant to title II of this Act, including— 

(i) a list of equipment provided; and 

(ii) a detailed description of the extent to which funds obligated 

and expended pursuant to section 203(b) meet the requirements of such 

section. 

(G) An analysis of a suitable replacement for the AH–1F and AH–1S 

Cobra attack helicopters, which includes recommendations for sustainment, 

training, and any other matters determined to be appropriate. 

(H) An assessment of the extent to which the Government of Pakistan 

exercises effective civilian control of the military, including a description of 

the extent to which civilian executive leaders and parliament exercise oversight and approval of military budgets, the chain of command, the process 

of promotion for senior military leaders, civilian involvement in strategic 

guidance and planning, and military involvement in civil administration. 

(b) REPORT BY COMPTROLLER GENERAL.— 


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(1) IN GENERAL.—Not later than April 1, 2011, the Comptroller General of 

the United States shall submit to the appropriate congressional committees a 

report evaluating the effectiveness of security assistance provided to Pakistan 

under title II of this Act during fiscal years 2010 and 2011. 

(2) MATTERS TO BE INCLUDED.—The report required under subsection (a) 

shall include the following: 

(A) A detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 23 of the Arms Export Control Act 

(22 U.S.C. 2763; relating to the Foreign Military Financing program). 

(B) An assessment of the impact of the assistance on the security and 

stability of Pakistan. 

(C) An evaluation of any issues of financial impropriety on behalf of 

personnel implementing the assistance. 

(D) An assessment of the extent to which civilian authorities are involved in administration of the assistance provided by the United States. 

SEC. 307. SUNSET. 

The authority of this Act, other than section 104, shall expire after September 

30, 2013. 

SUMMARY

H.R. 1886, the Pakistan Enduring Assistance and Cooperation 

Enhancement Act of 2009 (the ‘‘Act’’) establishes a legislative foundation for a sustained partnership between the United States and 

Pakistan, based on a shared commitment to strengthening democracy and the rule of law, improving the living conditions of the people of Pakistan through sustainable economic development, and 

combating terrorism and violent extremism. In Title I, the Act provides $6 billion over 4 years in democratic, 

economic and social development assistance for Pakistan. Such assistance is specifically targeted at: fortifying Pakistan’s democratic 

institutions, including its parliament; enhancing Pakistan’s judicial 

system and strengthening the professionalism of its law enforcement agencies; supporting broad-based and sustainable economic 

development through investments in energy sector reform, agricultural and rural development, employment opportunities, and infrastructure; developing human capacity at all levels of government 

and civil society; supporting Pakistan’s public education system; 

promoting respect for and compliance with internationally recognized human rights; providing urgently needed healthcare assistance; and improving the effectiveness of public diplomacy through 

expanded exchange activities, sister-institution programs, and 

scholarships. The Act establishes a Pakistan Democracy and Prosperity Fund to integrate most non-military assistance and enhance 

flexibility, while demonstrating the long-term commitment of the 

United States as a partner to Pakistan’s democracy. It also expresses the sense of Congress that Pakistan’s growing number of 

Internally Displaced Persons and refugees requires the continued 

and concerted attention of the Administrator of the U.S. Agency for 

International Development. 

In Title II, the Act: establishes a Pakistan Counterinsurgency 

Capabilities Fund, under the direction of the Secretary of State, to 

enhance the capability of Pakistan’s security forces to conduct 

counterinsurgency and counterterrorism operations; provides financing for the purchase of defense articles, defense services and 

military education and training for Pakistan; and creates an exchange program to provide civilian and military personnel with 

skills and information to strengthen democratic, civilian control 

over Pakistan’s military. Title II also establishes limitations on the 


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provision of U.S. military assistance and financial restrictions relating to the F–16 program. 

Finally, in Title III, the Act: requires the President to develop a 

comprehensive regional security strategy to eliminate terrorist 

threats and close safe havens in Pakistan; mandates a robust monitoring and evaluation program for non-military assistance; and requires that all assistance, and all payment-related information, 

flow through duly elected civilian authorities. 

The Department of Defense expressed concerns regarding H.R. 

1886 as introduced, including in a letter responding to a request 

by the House Armed Services Committee and in testimony before 

that Committee. It is the Committee’s view that section 206 of H.R. 

1886, as introduced, establishes a fair, achievable means for the 

President to issue a determination regarding the Government of 

Pakistan’s commitment to and progress towards combating terrorist groups and in other matters critical to the national security 

interests of the United States. Further, the Committee believes the 

above-referenced statements are no longer relevant in light of 

amendments made to H.R. 1886 by the Committee. 

BACKGROUND AND PURPOSE FOR THE LEGISLATION

In keeping with the Administration’s request, the bill authorizes 

assistance to address Pakistan’s immediate security threats and 

mitigate the conditions that lead to instability. Pakistan currently 

faces an extremist-inspired insurgency, aimed at destabilizing the 

country. The Pakistan Taliban have spilled out of the Federally Administered Tribal Areas (FATA) and operate throughout the North 

West Frontier Province (NWFP) and Baluchistan. Meanwhile, al 

Qaeda and its allies continue to exploit these areas as safe havens. 

While U.S. forces in Afghanistan are considered to be the primary 

targets of attacks from the Taliban and al Qaeda forces taking refuge in Pakistan’s western border areas, the extremists have increasingly shifted their focus to Pakistani targets. 

The purpose of the legislation is to reiterate, in the strongest 

terms possible, that the United States stands with the people of 

Pakistan in their struggle against violent extremism. The bill reflects deep appreciation of the fact that it is in the U.S. national 

interest to create a long-term strategic partnership with Pakistan: 

one that addresses our mutual interest in combating terrorism and 

speaks to the needs of the average citizens of Pakistan—those who 

live in rural areas, without access to adequate education, 

healthcare, job opportunities or basic services, and who have suffered at the hands of a frequently dysfunctional and corrupt judicial system and police force. 

The bill also outlines the expectations of the United States with 

regard to steps by the Government of Pakistan to establish a successful partnership against extremism and terrorism. Given that 

the United States has provided more than $12 billion in funding 

to Pakistan since 2001 while the situation on the ground has deteriorated, the legislation is intended to provide a new, more positive 

framework for U.S.-Pakistan relations. 

In broad strokes, the intent of the legislation is to: 


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• Demonstrate unequivocally the long-term commitment of the 

United States to helping the people of Pakistan build a stable, democratic and prosperous future; 

• Support consolidation of democratic institutions that reflect 

basic principles of good governance and protect internationally-recognized human rights and the rule of law; 

• Help build the capacity of law enforcement forces in Pakistan to combat terrorism and a domestic insurgency, and expeditiously investigate, arrest, and prosecute alleged criminals, consistent with due process and the rule of law; 

• Strengthen the duly elected civilian government of Pakistan 

by requiring that all assistance, and all payment-related information, flow through duly elected civilian authorities; 

• Provide additional flexibility to the President to address the 

basic human needs of the people of Pakistan; 

• Ensure that all democratic, social and economic development 

assistance directly benefits the people of Pakistan through 

proper monitoring and evaluation; 

• Enhance the ability of the Government of Pakistan to conduct counterinsurgency operations, including through expanded military education and training; and 

• Ensure adequate accountability measures for military assistance provided to the Government of Pakistan. 

The Committee recognizes that Pakistan’s precarious security situation stems, in part, from significant deficiencies in the government’s ability to respond effectively to the needs and demands of 

the population. For that reason, the legislation authorizes $1.5 billion in non-military assistance to strengthen Pakistan’s governing 

structures, including in the FATA, which has been governed since 

1901 by the Frontier Crimes Regulation (FCR). 

The legislation provides security assistance for the purpose of addressing Pakistan’s core security threat: the Taliban-inspired insurgency. Partly due to a longstanding focus on conventional war 

fighting capabilities, Pakistan’s security forces lack the capacity to 

wage effective counterinsurgency measures. As a result, the security threat to Pakistan’s ‘‘settled areas,’’ including even in Punjab 

and Sindh, is increasingly stark, particularly in light of the 

Taliban’s recent incursions into Buner and its takeover of the Swat 

valley. The Committee expects that enhanced capabilities of Pakistan’s security forces, including its police and civilian intelligence 

agency, will translate into increased readiness to tackle the Taliban 

insurgency and to combat al Qaeda and other extremist and terrorist groups. To ensure that the Pakistani military meets its commitments in this regard, the legislation includes accountability 

standards for military assistance. 

Finally, the bill establishes rigorous monitoring and evaluation 

provisions to ensure the effectiveness of assistance provided under 

this Act. For too many years, U.S. assistance to Pakistan has been 

provided without specific goals and objectives, and we have often 

failed to obtain measurable or favorable results. The monitoring 

and evaluation provisions are intended to maximize the impact of 

non-military aid and ensure the appropriate use of such funds. 


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HEARINGS

The Committee held three hearings directly related to the subject 

of the bill. A Full committee hearing took place on May 5, 2009, 

entitled ‘‘From Strategy to Implementation: the Future of the U.S.- 

Pakistan Relationship,’’ which explored U.S. strategy toward Pakistan and the rationale for increased levels of assistance. Witnesses 

included the Honorable Richard C. Holbrooke, Special Representative for Afghanistan and Pakistan; Ms. Lisa Curtis, Senior Research Fellow, the Heritage Foundation; Ms. Christine Fair, Senior 

Political Scientist, RAND Corporation; and Mr. Dan Markey, Senior Fellow for South Asia, Council on Foreign Relations. 

The Subcommittee on the Middle East and South Asia conducted 

a hearing on February 26, 2009, entitled, ‘‘Building a Strategic 

Partnership: U.S.-India Relations in the Wake of Mumbai.’’ Witnesses included the Honorable Karl F. Inderfurth, John O. Rankin 

Professor of the Practice of International Affairs, The Elliot School 

of International Affairs, the George Washington University; and 

Ms. Lisa Curtis. 

The Subcommittee held a second hearing on April 2, 2009, entitled ‘‘U.S. Strategy for Afghanistan: Achieving Peace and Stability 

in the Graveyard of Empires.’’ Witnesses included Karin von 

Hippel, Ph.D., Co-director, Post-Conflict Reconstruction Project, 

Center for Strategic and International Studies; Seth G. Jones, 

Ph.D., Political Scientist, the RAND Corporation; and Anthony H. 

Cordesman, Ph.D., Arleigh A. Burke Chair in Strategy, Center for 

Strategic & International Studies. 

COMMITTEE CONSIDERATION

The Committee marked up H.R. 1886 on May 20, 2009, and favorably reported the bill to the House, as amended, by voice vote, 

a quorum being present. 

VOTES OF THE COMMITTEE

There were no recorded votes held on H.R. 1886. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

In compliance with Clause 3(c) (2) of House Rule XIII, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in 

the cost estimate prepared by the Director of the Congressional 

Budget Office, pursuant to section 402 of the Congressional Budget 

Act of 1974. 


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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1886, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 22, 2008. 

Hon. HOWARD L. BERMAN, Chairman, 

Committee on Foreign Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1886, the PEACE Act of 

2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is John Chin, who can be 

reached at 226–2840. 

Sincerely, 

DOUGLAS W. ELMENDORF

Enclosure 

cc: Honorable Ileana Ros-Lehtinen 

Ranking Member 

H.R. 1886—PEACE Act of 2009. 

SUMMARY

H.R. 1886 would establish a Pakistan Democracy and Prosperity 

Fund and authorize the appropriation of $1.5 billion a year over 

the 2010–2013 period—a total of $6 billion over four years—to provide nonsecurity assistance to Pakistan. The bill also would establish a Pakistan Counterinsurgency Capabilities Fund and authorize 

the appropriation of $700 million in 2010 and such sums as may 

be necessary over the 2011–2013 period—an estimated total of $2.9 

billion over four years—for counterinsurgency and counterterrorism 

assistance to Pakistan. Finally, the bill would authorize the appropriation of $400 million a year over the 2010–2013 period—a total 

of $1.6 billion over four years—for other security assistance to 

Pakistan. 

CBO estimates that implementing the bill would cost $9.1 billion 

over the 2010–2014 period, assuming appropriation of the authorized and estimated amounts. Enacting the bill would not affect direct spending or revenues. 

H.R. 1886 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 1886 is shown in the following table. The costs of this legislation fall within budget function 150 (international affairs). 


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By Fiscal Year, in Millions of Dollars 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Pakistan Democracy and Prosperity Fund 

Authorization Level 1,500 1,500 1,500 1,500 0 6,000 

Estimated Outlays 279 836 1,137 1,351 1,175 4,778 

Pakistan Counterinsurgency Capabilities Fund 

Estimated Authorization Level 700 711 725 744 0 2,880 

Estimated Outlays 470 680 716 734 240 2,840 

Security Assistance for Pakistan 

Authorization Level 400 400 400 400 0 1,600 

Estimated Outlays 163 326 373 391 233 1,486 

Total Changes 

Estimated Authorization Level 2,600 2,611 2,625 2,644 0 10,480 

Estimated Outlays 912 1,842 2,226 2,476 1,648 9,104 

BASIS OF ESTIMATE

For this estimate, CBO assumes that the bill will be enacted 

near the end of fiscal year 2009, that the authorized and estimated 

amounts will be appropriated each fiscal year, and that outlays will 

follow historical spending patterns for similar activities. 

Pakistan Democracy and Prosperity Fund 

Section 104 would establish a permanent Pakistan Democracy 

and Prosperity Fund in the U.S. Treasury to provide all social and 

economic development assistance to Pakistan. Section 105 would 

authorize the appropriation of $1.5 billion a year over the 2010– 

2013 period to provide such nonsecurity assistance. CBO estimates 

that implementing this program would cost about $4.8 billion over 

the 2010–2014 period. 

Section 104 also would authorize the President to accept funds 

from other governments and nongovernmental sources for nonsecurity assistance to Pakistan. To the extent those amounts were provided in advance in appropriations acts, the President would be authorized to make them available to the Pakistan Democracy and 

Prosperity Fund. Any such donations would increase offsetting collections (a credit against discretionary spending) and the spending 

of those collections would count as new discretionary spending. 

CBO estimates that initially the fund would receive and spend donations of less than $500,000 a year, but that those amounts could 

be significant in later years. However, any collections and spending 

would offset each other, so we estimate that, on net, such collections would not have a significant budgetary impact in any year. 

Pakistan Counterinsurgency Capabilities Fund 

Section 204 would establish a Pakistan Counterinsurgency Capabilities Fund in the U.S. Treasury to provide counterinsurgency 

and counterterrorism assistance to Pakistan. This section would 

authorize the appropriation of $700 million in 2010 and such sums 

as may be necessary over the 2011–2013 period to provide such assistance. CBO estimates that appropriations would remain at 2010 

levels, adjusted for inflation, through 2013. The Secretary of State 

would be authorized to use amounts in this fund with the concurrence of the Secretary of Defense, and would be further authorized 


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to transfer amounts in the fund to the Department of Defense or 

other agencies for the same purposes. CBO estimates that implementing section 204 would cost about $2.8 billion over the 2010– 

2014 period. 

Security Assistance for Pakistan 

Section 207 would authorize the appropriation of $400 million a 

year over the 2010–2013 period for other security assistance to 

Pakistan. Of the authorized amounts, a minimum of $300 million 

a year would be to provide grants under the Foreign Military Financing program and no less than $4 million a year would be provided for assistance under the International Military Education 

and Training program. The Secretary of State also would be authorized to establish a Pakistan Military Transition Program, an 

exchange program between military and civilian personnel of Pakistan, countries in transition to democracy, and North Atlantic 

Treaty Organization member countries. CBO estimates that implementing those provisions would cost about $1.5 billion over the 

2010–2014 period. 

Limitation on Military Assistance 

Section 206 would prohibit certain military assistance to Pakistan after 2010 unless the President determines that the Government of Pakistan is continuing to cooperate with the United States 

in nonproliferation efforts and has demonstrated a sustained commitment to and making progress towards combating terrorist 

groups. The bill would allow the President to waive those requirements in the interests of national security. CBO expects that the 

President would exercise the waiver authority if he were unable to 

make the necessary determination, and thus, CBO estimates that 

implementing this section would have no significant effect on 

spending. 

INTERGOVERNMENTAL AND PRIVATE–SECTOR IMPACT

H.R. 1886 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of 

state, local, or tribal governments. 

ESTIMATE PREPARED BY: 

Federal Costs: John Chin 

Impact on State, Local, and Tribal Governments: Burke Doherty 

Impact on the Private Sector: Jacob Kuipers 

ESTIMATE APPROVED BY: 

Theresa Gullo 

Deputy Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

The Act is intended to provide democratic, economic, and social 

development assistance, and security assistance, to Pakistan to 

strengthen the country’s democratic infrastructure, enhance its security, and improve the welfare of the people of Pakistan. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d) (1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

NEW ADVISORY COMMITTEES

H.R. 1886 does not establish or authorize any new advisory committees. 

CONGRESSIONAL ACCOUNTABILITY ACT

H.R. 1886 does not apply to the Legislative Branch. 

EARMARK IDENTIFICATION

H.R. 1886 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title. 

This section provides that the short title of the Act is the ‘‘Pakistan Enduring Assistance and Cooperation Enhancement Act of 

2009,’’ or the ‘‘PEACE Act of 2009.’’ 

Section 2. Definitions. 

This section defines terms for use in the Act. The definition of 

‘‘counterinsurgency’’ is specific to the type of assistance currently 

needed by the security forces of Pakistan to address the grave national security threats against that country. 

Section 3. Findings. 

This section articulates the findings that frame the U.S.-Pakistan relationship and the purpose of the bill. It describes Pakistan’s 

recent return to civilian rule, after almost nine years under a military dictatorship, and notes that Pakistan has been a critical ally 

of the United States for more than four decades. The section also 

highlights Pakistan’s recent military operations against the 

Taliban in the Bajour agency of the FATA and in the Swat, Buner, 

and Dir districts of the NWFP, and the subsequent displacement 

of over one million Pakistanis. 

Section 4. Declaration of Principles. 

This section lists the principles on which Congress believes the 

U.S.-Pakistan relationship should be based. It states that Pakistan 

is a critical friend and ally to the United States and that the two 

countries share many common goals; that U.S. assistance to Pakistan is intended to supplement, not supplant, Pakistan’s own efforts in building a strong Pakistan, and that U.S. assistance will 

be ineffective without Pakistan’s own efforts to improve the lives 

of its citizens; and that the U.S. supports Pakistan’s struggle 

against extremist and terrorist groups. The section further declares 

that the United States intends to work with the Government of 

Pakistan to build mutual trust and confidence; to consolidate deVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\HR129P1.XXX HR129P1

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mocracy, expand good governance and enhance the rule of law; to 

promote long-term development and infrastructure projects; to encourage sustainable development and the integration of Pakistan 

into the global economy; to ensure access to public, modernized 

education and vocational training; to expand people-to-people engagement between the two countries; to ensure transparency and 

accountability of U.S. assistance; to improve laws to combat terrorism financing and money laundering; to establish a strategy to 

prevent any territory of Pakistan from being used as a base or a 

conduit for terrorist attacks; to ensure strong and effective law enforcement and national defense, under civilian leadership; to ensure access of U.S. investigators to individuals suspected of engaging in nuclear proliferation; to deny support to any person or group 

that seeks to instill fear or terror among Pakistan’s neighbors; and 

to help Pakistan gain control of its under-governed areas. 

TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT

ASSISTANCE FOR PAKISTAN. 

Title I authorizes assistance to Pakistan to strengthen its democratic institutions and promote economic and social development. 

Title I also authorizes a Pakistan Democracy and Prosperity Fund 

to integrate the funding streams of most non-military assistance. 

Section 101. Purposes of Assistance. 

This section establishes the purposes of assistance under Title I. 

These purposes are: to demonstrate the long-term commitment of 

the United States to the people of Pakistan; to support the consolidation of democracy, good governance, and the rule of law in Pakistan; to help build the capacity of law enforcement forces in Pakistan to combat terrorism and violent militancy; to further the sustainable and effective economic and social development of Pakistan 

and the improvement of living conditions; to strengthen regional 

ties between Pakistan and its neighbors; to strengthen Pakistan’s 

public education system; to expand people-to-people engagement 

between the United States and Pakistan; and to strengthen respect 

for internationally-recognized human rights. The committee is 

aware that the achievement of many of these goals will be arduous 

and will require sustained efforts. Nonetheless, such efforts are 

necessary, in the Committee’s view, to ensure Pakistan’s long-term 

security, stability and prosperity. 

Section 102. Authorization of Assistance. 

This section authorizes the President to provide assistance for 

Pakistan to carry out the provisions of section 101. 

Subsection (b) spells out nine general categories of assistance. 

Collectively, these categories constitute the bulk of democratic, social and economic development assistance to be provided to Pakistan. 

Paragraph 102(b)(1) authorizes assistance to support, notwithstanding any other provision of law, democratic institutions in 

Pakistan in order to strengthen civilian rule and long-term stability in Pakistan. Such assistance may include activities to 

strengthen Pakistan’s Parliament, including both the Senate and 

National Assembly. It is the Committee’s view that democracy in 

Pakistan will be strengthened by the enhancement of that counVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6601 E:\HR\OC\HR129P1.XXX HR129P1

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try’s core democratic institution—the Parliament—and that support provided pursuant to this section could enhance the Parliament’s ability to conduct oversight over Pakistan’s national institutions, particularly the military. Such assistance may also include 

the training of Parliamentary Committee staff; support for political 

parties; and support for the efforts of the Government of Pakistan 

to extend the writ of governance to the FATA and those currently 

living under the FCR so that all Pakistanis may have the same 

rights and responsibilities. 

Paragraph 102(b)(2) authorizes assistance to support, notwithstanding any other provision of law, Pakistan’s efforts to expand 

the rule of law and build the capacity of government institutions. 

The Committee believes that access to justice should be a particularly critical aspect of U.S. assistance. The Committee is aware 

that the paucity of judges in Pakistan is a key retardant to 

strengthening of the rule of law, and that some experts believe this 

shortage is a result of constitutional and legal hurdles within Pakistan. The Committee also believes that the majority of courts in 

Pakistan are located in municipal areas and that the current structure does not adequately take into account the organic growth of 

Pakistan’s cities and the difficulties involved for litigants to travel 

to urban centers. The Committee intends that assistance authorized pursuant to this section be used to expand the number of 

courts, particularly in rural areas. The Committee further intends 

that in addition to expansion to the number of judges and courtrooms, assistance should be used to improve the quality of judges. 

The Committee believes that judges require training before and 

during their tenures. Finally, as the success of the U.S. strategy to 

help Pakistan combat terrorists and insurgents is based in large 

part on the ability of the police to effectively conduct counterterrorism and counterinsurgency operations, the Committee strongly 

believes that such forces should be professionalized and further 

trained in basic criminal investigatory techniques. The Committee 

also believes that the Intelligence Bureau, operating under the auspices of the Ministry of Interior, should be expanded so that proper 

counterinsurgency operations can be conducted, particularly in the 

FCR governed areas. 

Paragraph 102(b)(3) authorizes assistance for economic development, including increased investment in infrastructure, the promotion of energy sector reform and development, and increased employment opportunities. Although direct budgetary support is not 

prohibited by this section, it is the Committee’s view that such support should be minimized for the purposes described in this paragraph. 

Paragraph 102(b)(4) authorizes assistance to increase the capacity and improve the sustainability of Pakistan’s national, provincial 

and local non-governmental institutions. The Committee intends 

that such assistance strengthen the ability of Pakistan’s governmental institutions to respond directly to the needs of the people 

of Pakistan in an accountable and transparent fashion. The Committee is aware that non-governmental organizations play an integral role in providing services for the people of Pakistan; assistance 

authorized should be directed at those organizations with demonstrated experience in delivering services to women, children, and 

other vulnerable populations. Assistance shall not be provided to 


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organizations linked with al Qaeda, the Taliban, or other extremist 

or terrorist groups. 

Paragraph 102(b)(5) authorizes assistance to support Pakistan’s 

education system, in particular by buttressing Pakistan’s public 

school system and working in partnership with its private schools. 

The Committee expresses concern regarding the dearth of modern 

educational opportunities for the average Pakistani citizen, notwithstanding legal requirements in Pakistan regarding oversight of 

educational institutions. The Committee intends that assistance directly address access to education, particularly for women and 

girls. The Committee further intends that vocational training be a 

critical component of assistance. 

Paragraph 102(b)(6) authorizes assistance to promote respect for 

and compliance with internationally recognized human rights. The 

Committee remains concerned about reports of human rights 

abuses perpetrated by law enforcement and security forces, including unlawful detention of Pakistani citizens and suppression of 

freedom of expression. A critical component of counterinsurgency is 

‘‘holding’’ territory previously occupied by insurgents. To perform 

this function, the Committee believes that security forces must 

earn and maintain the respect of the local populace. The Committee is particularly committed to ensuring that security forces receive human rights training to perform the ‘‘hold’’ function, and respect the different ethnic groups of Pakistan. The Committee is 

also aware of the ongoing practice of ‘‘honor killings’’ and other 

forms of cruel and unusual punishment; the Committee intends 

that assistance authorized shall support programs to end such 

practices. 

Paragraph 102(b)(7) expresses the Committee’s view that the 

United States should continue to provide robust assistance to the 

people of Pakistan who have been displaced as a result of ongoing 

conflict and violence. The Committee endorses the efforts of U.S. 

agencies currently engaged in such support activities, including the 

U.S. Agency for International Development. The Committee further 

notes its concern for the increasing number of displaced persons as 

a result of the Government of Pakistan’s recent military operations 

in the FATA and NWFP. The massive displacement of civilians 

highlights the need to ensure the security forces of Pakistan are 

well trained in counterinsurgency and irregular warfare and that 

they take steps to prevent such displacement. 

Paragraph 102(b)(8) authorizes assistance to provide urgently 

needed healthcare assistance to the people of Pakistan. The Committee intends such assistance to address a range of diseases, including hepatitis, affecting a large percentage of the people of Pakistan. 

Paragraph 102(b)(9) authorizes support for the United States to 

implement an effective public diplomacy strategy in Pakistan. This 

subsection highlights a critical component in fighting a Taliban-led 

insurgency—countering the propaganda of extremists. To that end, 

this subsection highlights the need to work with the Government 

of Pakistan to empower Pakistan’s civil society to speak out against 

militancy and extremism. The Committee believes that the Government of Pakistan can play an important role in this effort by disrupting and providing alternatives to the illegal FM radio stations 

that insurgent groups have used to broadcast hate and issue death 


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sentences upon Pakistani citizens. The subsection also reiterates 

the Committee’s view that exchanges among U.S. and Pakistani 

citizens will bolster mutual understanding and cooperation among 

our two nations. 

Section 103. Multilateral Support for Pakistan. 

Section 103 encourages the President to take the lead in mobilizing international financial institutions to provide assistance to 

Pakistan. Subsection 103(1) highlights the role of the International 

Monetary Fund and other international organizations in supporting 

Pakistan during its current economic crisis. Subsection 103(2) underscores the need for a plan of the Government of Pakistan to address structural economic problems. 

Section 104. Pakistan Democracy and Prosperity Fund. 

Subsection 104(a) establishes a fund in the U.S. Treasury to be 

known as the ‘‘Pakistan Democracy and Prosperity Fund.’’ This 

Fund would provide flexibility to the President to address non-military challenges in Pakistan and communicate in the strongest possible terms to the people of Pakistan that the United States intends to make a long-term commitment to that country. Once authorized, the Fund would integrate critical funding sources into one 

spigot. Subsection 104(b) provides that the fund would consist of 

the following: (1) amounts appropriated directly into the fund; (2) 

amounts transferred into the fund from three major accounts under 

the Foreign Assistance Act of 1961, including Development Assistance, Global Health and Child Survival, and Economic Support 

Funds; or (3) amounts provided to the United States from non-U.S. 

Government sources, including foreign governments and private 

business entities. Subsection 104(c) allows the President to accept 

funds from non-U.S. Government sources, including foreign governments, nongovernmental organizations, private businesses, and private individuals. Subsection 104(d) authorizes the President to 

merge funds transferred into the account. 

Section 105. Authorization of Appropriations. 

This section authorizes $1.5 billion for each of the fiscal years 

2010 through 2013. This figure meets the President’s request for 

$1.5 billion in democratic, social, and economic development assistance to Pakistan. 

TITLE II—SECURITY ASSISTANCE FOR PAKISTAN. 

Title II authorizes security assistance to Pakistan, including 

training and equipment, to enable Pakistan’s security forces to better combat terrorism and counter its domestic insurgency. Title II 

authorizes a Pakistan Counterinsurgency and Capabilities Fund in 

the Department of State. Finally, title II establishes accountability 

measures for U.S. security assistance to Pakistan. 

Section 201. Sense of Congress 

This section articulates the Committee’s view that military assistance to Pakistan should strengthen the ability of Pakistan’s security forces to defeat extremism. The Committee remains mindful 

that elements of the Government of Pakistan have reportedly provided assistance to terrorist entities, and is adamant that U.S. asVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\HR129P1.XXX HR129P1

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sistance shall not be provided to any entity that provides such support. 

Section 202. Purposes of Assistance. 

This section expresses the fundamental purposes of U.S. security 

assistance to Pakistan, including building the capacity of Pakistan’s security forces; reaching out to the ‘‘lost generation’’ of Pakistan’s officers who did not attend U.S.-sponsored training; and facilitating a positive relationship between the defense forces of Pakistan and the United States. Since 2001, Pakistan has received 

massive amounts of security assistance, primarily in the form of 

Coalition Support Funds (CSF) and Foreign Military Financing 

(FMF). It is the Committee’s view that such funds have not created 

the political will or the capabilities within Pakistan’s security 

forces to effectively conduct counterinsurgency operations. Rather, 

FMF has been used primarily to facilitate the purchase of F–16 aircraft in preparation for conventional military operations. Notwithstanding this history, the Committee believes the FMF program remains a viable mechanism to build the capacity of Pakistan’s security forces to conduct counterinsurgency and should be the principal source of U.S. security assistance. 

Section 203. Authorization of Assistance. 

This section authorizes military assistance to Pakistan. Subsection (a) authorizes not less than $4,000,000 for the International 

Military Education and Training (IMET) program. The Committee 

believes that military-to-military exchanges fostered by the IMET 

program constitute a critical component of the relationship between 

the U.S. and Pakistan. The application of the Pressler Amendment—under which the President was unable to certify that Pakistan did not possess a nuclear weapon—interrupted such exchanges, and the Committee intends that an increase in funding 

for the IMET program will help ameliorate the resulting deleterious effects. In light of the insurgency threat against Pakistan, the 

Committee requires that not less than 30 percent of the amount 

authorized for IMET be used to pay for courses in counterinsurgency and civil-military relations. This is to ensure that the next 

generation of senior Pakistani military leaders are comfortable 

with counterinsurgency strategy and doctrine and support civilian 

leadership of the military. 

Subsection (b) authorizes assistance for FMF. Paragraph (2) requires that not less than 75 percent of the amount authorized for 

FMF be used for the purchase of defense articles, services, and 

military education and training for activities relating to counterinsurgency and counterterrorism operations. The Committee intends to target FMF in this manner to ensure that such funds are 

used to address Pakistan’s growing insurgency. The Committee 

fully recognizes that Pakistan continues to perceive neighboring 

countries as an existential threat and trains and equips its military 

accordingly. Simultaneously, the Committee believes that the Government of Pakistan must have the political will and the capabilities to address unconventional military threats. The described percentages are intended to ensure that U.S. assistance facilitate 

Pakistan’s acquisition of such capabilities. 


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Paragraph 203(b)(3) restricts the use of FMF for the purchase of, 

or upgrade to, F–16 fighter aircraft or related munitions. This restriction stems from the Committee’s belief that F–16 fighter aircraft are not effective counterinsurgency tools. The restriction encapsulates the spirit and letter of the agreements signed between 

the United States and Pakistan in 2006, which provide that Pakistan would pay for its F–16 program with its own national funds. 

Section 204. Pakistan Counterinsurgency Capabilities Fund. 

Subsection 204(a) establishes a fund in the U.S. Treasury to be 

known as the Pakistan Counterinsurgency Capabilities Fund. The 

fund shall be comprised of two sources of funds: (1) Amounts appropriated directly into the fund; and (2) amounts appropriated on or 

after the date of the enactment of this act to carry out the provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II 

of the Foreign Assistance Act of 1961 and section 23 of the Arms 

Export Control Act. Subsection (c) establishes that the purpose of 

the fund is to enhance the capability of Pakistan to conduct counterinsurgency and counterterrorism operations. The fund stems 

from the Committee’s view that Pakistan requires immediate and 

urgent assistance to develop counterinsurgency capabilities. This 

view is shared by the Administration and senior U.S. military leadership. However, the Committee also believes that such assistance 

should be provided by the Secretary of State, with the concurrence 

of the Secretary of Defense. The Secretary of State has the statutory responsibility of coordinating military assistance to ensure 

that such assistance supports foreign policy objectives and that 

U.S. civilians are ultimately responsible for the bilateral relationship with a recipient country. The Committee remains cautious regarding the Department of Defense’s expanding role in security assistance globally and in Pakistan in particular. The Committee 

does not believe that moving such funds through the Department 

of Defense is ultimately beneficial to the bilateral relationship with 

Pakistan or provides a comparative advantage, since FMF and 

other security assistance programs under the Secretary of State 

rely on similar mechanisms for implementation. The Committee 

supports the request of the Administration for flexible authority to 

address Pakistan’s urgent security needs, but the Committee 

strongly believes that such assistance must, at a minimum, comply 

with end-use monitoring provisions in light of Pakistan’s history of 

unauthorized transfers or use of U.S. military equipment. The 

Committee intends that the authority provided in section 204 to 

notwithstand other provisions of law should be interpreted broadly 

by the Department of State to ensure expeditious and flexible provision of equipment and training to Pakistan. Subsection (i) authorizes $700,000,000 for fiscal year 2010 and such sums as may be 

necessary for each of fiscal years 2011 through 2013. 

Section 205. Exchange Program Between Military and Civilian Personnel of Pakistan and Certain Other Countries. 

This section authorizes the Secretary of State to establish an exchange program between military and civilian personnel of Pakistan and military and civilian personnel of countries determined by 

the Secretary of State to be in transition to democracy or military 

and civilian personnel of North Atlantic Treaty Organization 


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(NATO) member countries. The Committee is mindful that Pakistan is in the process of transition from military rule. The Committee intends that this program provide ‘‘lessons learned’’ to Pakistani civilian and military officials from personnel from countries 

that recently underwent similar transitions to democracy or from 

NATO members, and that the program be designed to provide Pakistani participants with the tools and information to consolidate effective, democratic, civilian control over the military. 

Section 206. Limitation on United States Military Assistance to 

Pakistan. 

This section imposes accountability provisions on military assistance to Pakistan. Subsection (a) provides that none of the funds authorized to be appropriated for military assistance for fiscal year 

2011 and each fiscal year thereafter may be obligated or expended 

unless the President makes the determination described in subsection (c). The purpose of this provision is to ensure that Pakistan 

lives up to commitments it provided to the United States in the 

past to cease all support, guidance, and direction for extremist and 

terrorist groups. The Committee is particularly mindful of the increasing casualties among U.S. personnel by Taliban fighters crossing between the Afghan and Pakistani border. The Committee believes that the approach to date of providing assistance sans accountability has failed, and that such conditions—specified by Congress—are achievable by the President. 

Subsection (b)(1) requires the President to make a determination 

that the Government of Pakistan is continuing to cooperate with 

the United States in efforts to dismantle supplier networks relating 

to nuclear weapons materials, including, as necessary, providing direct access to Pakistani nationals associated with such networks. 

Pakistan’s history of nuclear development and Dr. Abdul Qadeer 

Khan’s establishment of a nuclear proliferation network remain a 

source for concern to many in the United States, particularly since 

the Committee understands that representatives of the United 

States have not interviewed certain individuals involved in the network. The Committee believes the United States should continue to 

engage the Government of Pakistan on the network, and should, as 

necessary, obtain direct access to the individuals covered by this 

subsection, including Dr. Khan. The Committee also maintains 

strong concerns regarding recent reports of Pakistan expansion of 

its nuclear arsenal. Given the expanding threat of Pakistan’s domestic insurgency, the Government of Pakistan’s further development of nuclear materials appears inconsistent with its immediate 

security threats and is unhelpful in the context of efforts to 

strengthen U.S.-Pakistani relations. 

Subsection (b)(2) requires the President to issue a determination 

that Pakistan has demonstrated a sustained commitment to and is 

making progress toward: (A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has 

conducted attacks against the United States or coalition forces in 

Afghanistan, or against the territory or people of neighboring countries, specifically Afghanistan and India; (B) closing terrorist camps 

in the FATA and dismantling terrorist bases in Quetta and 

Muridke; (C) preventing cross border attacks into Afghanistan or 


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India; and (D) strengthening counterterrorism and anti-money 

laundering laws. The President should take into account the 

progress the Government of Pakistan has made with regard to the 

steps specified in the subsection. 

Subsection (e)(2) confirms that Section 204 applies solely to assistance authorized under provisions of law funded from accounts 

within budget function 150. 

Section 207. Authorization of Appropriations. 

This section authorizes $400 million for each of the fiscal years 

2010 through 2013. 

TITLE III—MISCELLANEOUS PROVISIONS. 

Title III requires the President to develop a comprehensive regional strategy to eliminate terrorist threats and close safe havens 

in Pakistan, and to establish a rigorous monitoring and evaluation 

program. Title III also requires a Presidential report on assistance 

provided under the Act each fiscal year, including an evaluation of 

efforts undertaken by the Government of Pakistan to combat terrorism, a detailed description of Pakistan’s efforts to prevent proliferation, and an assessment of the extent to which the Government of Pakistan exercises effective civilian control over its military. 

Section 301. Comprehensive Regional Security Strategy. 

This section requires the President to develop a comprehensive 

regional strategy to eliminate terrorist threats and close safe havens in Pakistan. The Committee strongly believes that in order for 

the United States to protect its national security interests in the 

region, the United States must first develop a comprehensive regional strategy that utilizes all elements of smart power—defense, 

diplomacy and development—and works to strengthen regional relationships between India, Pakistan, and Afghanistan. Coordination between these core countries, along with neighboring Iran and 

Saudi Arabia, will be necessary if the United States is to create a 

viable strategy for peace and security. Subsection(c) requires the 

President to submit to Congress a report on the strategy not later 

than 180 days after the enactment of the Act. 

Section 302. Monitoring and Evaluation of Assistance. 

This section requires the President to establish and implement 

a program to assess the effectiveness of assistance provided under 

Title I of the Act. Such a program will ensure that assistance provided under the Act will be subject to rigorous monitoring and evaluation and that the programs are implemented in a timely, effective, efficient and transparent manner. 

Subsection (a) defines terms used in the section. Subsection (b) 

expresses the sense of Congress regarding the importance of program monitoring and evaluation to achieving the goals of enhancing democracy and the rule of law and providing long-term solutions to Pakistan’s security problems. Subsection (c) requires the 

President to establish and implement a program to assess the effectiveness of assistance provided under Title I of the Act through impact evaluation research, operations research and monitoring. Subsection (d) sets out the requirements of the monitoring and evaluaVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6601 E:\HR\OC\HR129P1.XXX HR129P1

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tion program, including delineation of key impact evaluation research and operations research questions, identification of measurable performance goals, use of rigorous social science methods to 

measure program impact and operational efficiency, and adherence 

to a high standard of evidence in developing recommendations for 

adjustments to assistance. Subsection (e) authorizes the President 

to build the capacity of the Government of Pakistan to conduct 

monitoring and evaluation programs. Subsection (f) requires the 

President, not later than 120 days after enactment of the Act, to 

brief and consult with Congress on progress made toward establishing and implementing a monitoring and evaluation program as 

required under subsection (c). Subsection (g) allows up to 5 percent 

of amounts authorized to be appropriated under section 105 to be 

made available to carry out this section in each fiscal year. 

Section 303. Auditing. 

This section provides for the oversight by Inspectors General of 

expenditures under this Act. Subsection (a) requires the Inspectors 

General of the Department of State and of the U.S. Agency for 

International Development to audit, investigate, and oversee the 

obligation and expenditure of funds to carry out Title I of this Act. 

Subsection (b) authorizes these Inspectors General, after consultation with the Secretary of State and USAID Administrator, to establish field offices in Pakistan. Subsection (c) authorizes not less 

than $2,000,000 for each of the fiscal years 2010 through 2013 to 

be made available for each Inspector General in order to carry out 

this section, in addition to amounts otherwise available for such 

purposes. 

Section 304. Requirements for Civilian Control of U.S. Assistance 

for Pakistan. 

This section requires that any direct United States assistance 

provided or payments made to Pakistan, shall be provided to civilian authorities of a government of Pakistan constituted through a 

free and fair election. To the extent civilian authorities currently 

receive such assistance or payments from the United States and 

have full transparency of related receipts and documentation, including specific knowledge of expenditures, the Committee supports 

the existing processes for such assistance and payments. 

Section 305. Sense of Congress. 

This section expresses the strong sense of Congress that the Secretary of State, working with the Secretary of Defense, should establish a comprehensive strategic communications strategy for 

Pakistan. Such a strategy must engage the average Pakistani, be 

fully staffed, funded and implemented, and be overseen by the U.S. 

Ambassador to Pakistan. 

Section 306. Reports. 

Subsection (a) requires the President to transmit a written report 

on assistance authorized under titles I and II not later than 180 

days after the date of the enactment of the Act, with annual reports transmitted not later than December 31 each year thereafter. 

Each report shall include: a detailed description of assistance by 

program, project, activity, and geographic area; a general descripVerDate Nov 24 2008 00:35 May 23, 2009 Jkt 079006 PO 00000 Frm 00032 Fmt 6659 Sfmt 6601 E:\HR\OC\HR129P1.XXX HR129P1

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tion of the performance goals and progress towards those goals, as 

outlined in section 302; an evaluation of efforts undertaken by the 

Government of Pakistan to disrupt, dismantle and defeat al Qaeda, 

the Taliban, and other extremist and terrorist groups, close terrorist camps, including Jaish-e-Mohammed, Lashkar-e-Taiba, and 

Jamaat-ud-Dawa—which serves as an umbrella organization for 

Lashkar-e-Taiba and other terrorist groups; cease all support for 

terrorist groups; prevent cross-border attacks; increase oversight of 

madrasas, including closing madrasas with direct links to extremist and terrorist groups; and improve counterterrorism financing 

and anti-money laundering laws. The reports shall also contain: a 

description of Pakistan’s efforts to prevent proliferation of nuclearrelated material and expertise; an assessment of whether assistance provided to Pakistan has directly or indirectly aided the expansion of Pakistan’s nuclear weapons program, whether by the diversion of U.S. assistance or reallocation of Pakistan financial resources that would otherwise be spent for programs and activities 

unrelated to its nuclear weapons program; a description of the 

transfer or purchase of military equipment pursuant to the Act, including a list of equipment provided and a description of funds obligated and expended pursuant to section 203(b); an analysis of a 

suitable replacement for the AH–1F and AH–1S Cobra attack helicopters, which Pakistan currently relies upon for its counterinsurgency operations; and an assessment of the extent to which the 

Government of Pakistan exercises effective civilian control of the 

military. 

Subsection (b) requires that the Comptroller General of the 

United States submit to the appropriate Congressional committees 

a report evaluating the effectiveness of security assistance providing to Pakistan under title II during fiscal years 2010 and 2011. 

The report is required to include a description of the expenditures made by Pakistan pursuant to grant assistance under section 

23 of the Arms Export Control Act; an assessment of the impact 

of the assistance on the security and stability of Pakistan; an evaluation of any issues of financial impropriety on behalf of those personnel implementing the assistance; and an assessment of the extent to which civilian authorities are involved in administration of 

the assistance provided by the United States. 

Section 307. Sunset. 

This section provides that the authorities in the Act, other than 

section 104 (Democracy and Prosperity Fund), will expire after September 30, 2013. The Committee intends that the Democracy and 

Prosperity Fund shall remain in effect after the expiration of this 

Act to demonstrate the long-term commitment of the United States 

to Pakistan. 


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ADDITIONAL VIEWS

At the outset, the Minority would like to emphasize we support 

the administration’s goals toward Pakistan. 

We want a long-term partnership with a modern, prosperous and 

democratic Pakistan that is at peace with itself and with its neighbors. 

We want a Pakistan that maintains robust controls over its nuclear weapons technology. 

And we want a Pakistan that does not provide safe haven to al 

Qaeda, the Taliban, and other militant extremists. 

While the Minority appreciates the hard work that has gone into 

this bill, and the incorporation of some elements suggested by our 

side, serious concerns remain. 

In addition, the Chairman’s amendment in the nature of a substitute approved by the Committee does include certain helpful 

changes, such as the inclusion of more flexible waiver standards for 

sections 203(b)(3) and 206. 

On the whole, however, we are concerned that the size and tenor 

of the bill still leave the impression that Congress is endeavoring 

to micromanage U.S. policy toward Pakistan at a delicate time 

when the new administration has yet to even develop an implementation plan for its still evolving strategy. 

As Secretary of Defense Gates and Chairman of the Joint Chiefs 

of Staff Mullen wrote to the Armed Services Committee last month: 

‘‘The degree of conditionality and limitations on security assistance to Pakistan’’ in H.R. 1886 ‘‘severely constrains the flexibility 

necessary for the Executive Branch and the Department of Defense 

given the fluid and dynamic environment that exists in Pakistan.’’ 

This concern is particularly acute, in light of the current Pakistani military offensive against the Taliban and other extremists in 

Swat and adjacent areas of the Northwest Frontier Province. 

Instead, the Minority offered a Republican substitute which distilled the insight and input of the national security committees to 

ensure maximum coordination and, to some degree, emulated the 

Administration’s interagency strategic review of U.S. policy toward 

Pakistan and Afghanistan. 

A parallel bill has also been introduced with respect to Afghanistan as it is our belief that Pakistan cannot and must not be considered in a vacuum. 

These countries are part of a wider theater of operations and 

must be dealt with as part of one package, when practical, as the 

Administration has suggested following the conclusion of its strategic review. 

The Republican substitute recognized that of all the foreign policy challenges facing the Obama Administration, stabilizing and reforming Pakistan may be one of the most daunting. 


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Given the enormous complexities of the situation in Pakistan, as 

well as rapidly changing conditions on the ground, we believe it is 

critical at this stage that the administration—White House, Defense, and State—retain the necessary flexibility to craft policies 

that offer the best chance of successfully partnering with the Pakistani government and people to defeat violent extremism. 

At the same time, the substitute required an ongoing policy dialogue between the administration and the Congress regarding 

evolving U.S. policy toward Pakistan, as well as robust Congressional oversight of our strategy, implementation plan, and allocation and expenditure of U.S. assistance. 

Accordingly, the text of the defeated Republican substitute would 

have: 

• Required that not later than 30 days after the enactment of 

the Supplemental Appropriations Act for 2009 (passed by the 

House last week and on the Senate Floor this week), the 

President submit to Congress a comprehensive interagency 

strategy and implementation plan for U.S. efforts to eliminate safe havens and assist toward the long-term security 

and stability in Pakistan. 

In doing so, it required that the strategy and implementation 

plan include: 

• A description of how U.S. assistance will be used to achieve 

U.S. foreign policy objectives; 

• Progress on achieving these objectives; 

• A financial plan and description of the resources, programming, and management of U.S. assistance to Pakistan and 

the criteria used to determine their need and value in advancing U.S. objectives. 

The Republican substitute fully funded the administration’s pending request for nonmilitary assistance ($1.5 billion) and provided ‘‘such sums as may be deemed necessary’’ through 2013. 

In this context, it is important to highlight that the substitute 

sought to ensure that Congressional oversight and notification 

keeps pace with changing conditions on the ground and, in turn, 

changes in strategy and implementation. 

It also required quarterly briefings on developments in Pakistan, 

as well as written notification to the Congress of adjustments in 

strategy and related changes in allocations and expenditures. 

The Republican substitute also fully funded the administration’s 

request for the critically important new Pakistan Counterinsurgency Capability Fund (PCCF). 

General David Petraeus, head of US Central Command, has described this fund as a vital tool to provide our senior military representative in Pakistan with ‘‘swift access to funding to counter 

and perhaps prevent emerging threats and to rapidly enhance Pakistani counterinsurgency capabilities.’’ 

In short, the Republican substitute is tailored to meet the pressing requirements for United States national security at this critical 

hour for Pakistan, while laying the groundwork for long-term security and stability in Pakistan, Afghanistan, and the wider region, 

and preserving appropriate Congressional oversight mechanisms. 


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As noted previously, despite some improvements contained in the 

Chairman’s amendment in the nature of a substitute, we continue 

to be concerned that the bill is overly prescriptive and does not provide appropriate latitude to the executive branch. 

In this regard, the measure contains an excessive amount of authorization language delving into the minutest details of how the 

administration should be providing assistance to Pakistan across a 

wide range of programs and activities. 

For example, as strongly as we support innovative education assistance that will be supported and sustained by Pakistanis over 

time, we wonder whether it is appropriate to suggest that the 

American taxpayer should be responsible, in whole or in part, for 

funding to ‘‘increase teacher salaries,’’ develop ‘‘formalized salary 

scales with merit-based pay increases,’’ as well as ‘‘food assistance 

for student meals.’’ Even if these provisions are meant merely to 

be illustrative, the cumulative effect of this and similar language 

suggests a degree of intrusiveness to Congressional and U.S. engagement with Pakistan that is probably unwise. 

Likewise, the amended bill contains a limitation on how the executive branch may use grant assistance under the Foreign Military 

Sales program. While we share the view of the Majority that the 

bulk of FMF funds should be used to further counterterrorism and 

counterinsurgency priorities of both Pakistan and the United 

States, we do not pretend to know what percentage that should be 

and would prefer to leave reasonable latitude to the executive 

branch to make that determination. 

We welcome the inclusion in the Majority’s substitute of full 

funding for FY 2010 of new authorities sought by the administration to create a Pakistan Counterinsurgency Capabilities Fund 

(PCCF). While we respect the Chairman’s desire to preserve the 

prerogatives of the Department of State with respect to the allocation of security assistance, we would also point out that the Chairman’s approach is at variance with the administration request—including that of CENTCOM Commander Petraeus—as well as the 

Republican substitute. 

The administration has requested that authority to control the 

PCCF be invested with the Department of Defense and our senior 

military representatives on the ground in Pakistan. The Republican substitute retains that authority with the President, as to 

provide the administration maximum flexibility. 

The Majority also preserves restrictions on, what is for Pakistan, 

the highly symbolic and emotionally-charged issue of their F–16 

modernization program. While the Minority shares the Majority’s 

view that Pakistani financial commitments with respect to this program should be adhered to, we would point out that there are other 

means than legislation for the Committee to vindicate this perspective. 

Likewise, while the limitation on U.S. military assistance to 

Pakistan contained in section 206 has been made somewhat more 

flexible, we are still concerned that this provision may not be the 

optimal mechanism to ensure the full support of Pakistan’s leaders 

and citizens for what must be a joint effort to eliminate safe havens, end cross-border attacks, and defeat a spreading neo-Taliban 

insurgency. 


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The amended bill also preserves section 304, requiring that all 

direct payments and request for information by the U.S. to Pakistan be made through civilian authorities. While we fully support 

the spirit in which this provision is offered, and while we recognize 

the existence of a national interest waiver, we nevertheless wonder 

whether in practice this section may not be unduly burdensome to 

implement. 

We also have unresolved technical questions with respect to the 

Majority’s intent in providing ‘‘notwithstanding’’ language at several points in Title I, and similarly are concerned with ambiguities 

in sections 103 (Multilateral Support for Pakistan) and 104 (establishing the Pakistan Democracy and Prosperity Fund). 

Finally, we attach for the record two letters to the Ranking Member of the Armed Services Committee, one from Secretary Gates 

and Admiral Mullen, the other from CENCOM Commander 

Petraeus, regarding views on H.R. 1886 and the Pakistan Counterinsurgency Capabilities Fund, respectively. 

HON. ILEANA ROS-LEHTINEN, 

Ranking Member. 


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