IB 

Union Calendar No. 66 

111TH CONGRESS 

1ST SESSION H. R. 1886 

[Report No. 111–129, Part I] 

To authorize democratic, economic, and social development assistance for 

Pakistan, to authorize security assistance for Pakistan, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. BERMAN (for himself, Mr. KIRK, Mr. ACKERMAN, Mr. ROYCE, Ms. JACKSON-LEE of Texas, Mr. SHERMAN, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committee on Rules, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MAY 22, 2009 

Reported from the Committee on Committee on Foreign Affairs with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 22, 2009 

The Committee on Rules discharged 

MAY 22, 2009 

Referred to the Committee on Armed Services for a period ending not later 

than June 5, 2009, for consideration of such provisions of the bill and 

amendment as fall within the jurisdiction of that committee pursuant to 

clause 1(c), rule X 

JUNE 2, 2009 

Additional sponsors: Mr. FRANK of Massachusetts, Mr. ISRAEL, Mr. 

MCMAHON, Mr. MCDERMOTT, Mr. CONNOLLY of Virginia, and Mr. VAN

HOLLEN


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JUNE 2, 2009 

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 2, 2009] 

A BILL 

To authorize democratic, economic, and social development 

assistance for Pakistan, to authorize security assistance 

for Pakistan, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pakistan Enduring Assistance and Cooperation Enhance6 ment Act of 2009’’ or the ‘‘PEACE Act of 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as otherwise provided in this Act, the 

5 term ‘‘appropriate congressional committees’’ means 

6 the Committees on Appropriations and Foreign Af7 fairs of the House of Representatives and the Commit8 tees on Appropriations and Foreign Relations of the 

9 Senate. 

10 (2) COUNTERINSURGENCY.—The term ‘‘counter11 insurgency’’ means efforts to defeat organized move12 ments that seek to overthrow the duly constituted Gov13 ernments of Pakistan and Afghanistan through the 

14 use of subversion and armed conflict. 

15 (3) COUNTERTERRORISM.—The term ‘‘counter16 terrorism’’ means efforts to combat— 

17 (A) al Qaeda; and 


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1 (B) other terrorist organizations, as such 

2 term is defined in section 212(a)(3)(B)(vi) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1182(a)(3)(B)(vi)). 

5 (4) FATA.—The term ‘‘FATA’’ means the Feder6 ally Administered Tribal Areas of Pakistan. 

7 (5) FCR.—The term ‘‘FCR’’ means the Frontier 

8 Crimes Regulation, codified under British law in 

9 1901, and applicable to the FATA. 

10 (6) NWFP.—The term ‘‘NWFP’’ means the 

11 North West Frontier Province of Pakistan, which has 

12 Peshawar as its provincial capital. 

13 SEC. 3. FINDINGS. 

14 Congress finds the following: 

15 (1) The Islamic Republic of Pakistan has been a 

16 critical ally of the United States for more than 4 dec17 ades. 

18 (2) With the free and fair election of February 

19 18, 2008, Pakistan returned to civilian rule after al20 most 9 years under a military dictatorship. 

21 (3) After the September 11, 2001, terrorist at22 tacks against the United States, Pakistan chose to 

23 partner with the United States in the fight against al 

24 Qaeda, the Taliban, and other extremist and terrorist 

25 groups. 


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1 (4) Since 2001, the United States has contrib2 uted more than $12,000,000,000 to Pakistan to 

3 strengthen Pakistan’s governance, economy, education 

4 system, healthcare services, and military, so as to 

5 bring freedom and opportunities to the people of 

6 Pakistan while helping to combat terrorism and to 

7 counter a domestic insurgency. 

8 (5) The United States requires a balanced, inte9 grated, countrywide strategy that provides assistance 

10 throughout Pakistan and does not disproportionately 

11 focus on military assistance or one particular area or 

12 province. 

13 (6) Despite killing or capturing hundreds of al 

14 Qaeda operatives and other terrorists—including 

15 major al Qaeda leaders, such as Khalid Sheikh Mu16 hammad, Ramzi bin al-Shibh, and Abu Faraj al17 Libi—Pakistan’s FATA, parts of the NWFP, Quetta 

18 in Balochistan, and Muridke in Punjab remain a 

19 sanctuary for al Qaeda, the Afghan Taliban, and af20 filiated groups from which these groups organize ter21 rorist actions against Pakistan and other countries. 

22 (7) Pakistan’s security forces have recently begun 

23 taking concerted action against those who threaten 

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1 ations in the Bajour agency in the FATA and in the 

2 Swat, Buner, and Dir districts in the NWFP. 

3 (8) The displacement of over 1,000,000 Paki4 stanis poses a grave humanitarian crisis and requires 

5 the immediate attention of the United Nations, and 

6 the strong support of donor nations, to provide food, 

7 water, shelter, medicine, sanitation and other emer8 gency services and supplies to the displaced, along 

9 with longer-term development assistance. The hu10 manitarian crisis highlights the need for Pakistan to 

11 develop an effective national counterinsurgency strat12 egy, in order to mitigate such displacement. 

13 SEC. 4. DECLARATION OF PRINCIPLES. 

14 Congress declares that the relationship between the 

15 United States and Pakistan should be based on the fol16 lowing principles: 

17 (1) Pakistan is a critical friend and ally to the 

18 United States, both in times of strife and in times of 

19 peace, and the two countries share many common 

20 goals, including combating terrorism and violent 

21 radicalism, solidifying democracy and rule of law in 

22 Pakistan, and promoting the social and material 

23 well-being of the people of Pakistan. 

24 (2) United States assistance to Pakistan is in25 tended to supplement, not supplant, Pakistan’s own 


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1 efforts in building a stable, secure, and prosperous 

2 Pakistan, and United States assistance will be wholly 

3 ineffective without Pakistan’s own serious efforts to 

4 improve the health, education, and living standards of 

5 its population, including maintaining or increasing 

6 the financial resources devoted to such efforts. 

7 (3) The United States supports Pakistan’s strug8 gle against extremist elements and recognizes the pro9 found sacrifice made by Pakistan in the fight against 

10 terrorism, including the loss of more than 1,600 sol11 diers since 2001 in combat with al Qaeda, the 

12 Taliban, and other extremist and terrorist groups. 

13 (4) The United States intends to work with the 

14 Government of Pakistan— 

15 (A) to build mutual trust and confidence by 

16 actively and consistently pursuing a sustained, 

17 long-term, multifaceted relationship between the 

18 two countries, devoted to strengthening the mu19 tual security, stability, and prosperity of both 

20 countries; 

21 (B) to support the people of Pakistan and 

22 their democratic government in their efforts to 

23 consolidate democracy, through strengthening 

24 Pakistan’s parliament, helping Pakistan reestab25 lish an independent and transparent judicial 


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1 system, and working to extend the rule of law in 

2 all areas in Pakistan; 

3 (C) to promote long-term development and 

4 infrastructure projects, including in healthcare, 

5 water management, and energy programs, in all 

6 areas of Pakistan, that are sustained and sup7 ported by each successive democratic government 

8 in Pakistan; 

9 (D) to encourage sustainable economic de10 velopment in Pakistan and the integration of 

11 Pakistan into the global economy in order to im12 prove the living conditions of the people of Paki13 stan; 

14 (E) to ensure that the people of Pakistan, 

15 including those living in areas governed by the 

16 FCR, have access to public, modernized edu17 cation and vocational training to enable them to 

18 provide for themselves, for their families, and for 

19 a more prosperous future for their children; 

20 (F) to expand people-to-people engagement 

21 between the two countries, through increased edu22 cational, technical, and cultural exchanges and 

23 other methods; 

24 (G) to ensure transparency of and provide 

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1 sistance and reimbursements provided to Paki2 stan; 

3 (H) to take steps to improve Pakistan’s 

4 counterterrorism financing and anti-money 

5 laundering laws to comply with international 

6 standards, to include applying for ‘‘Financial 

7 Action Task Force’’ observer status and adhering 

8 to the United Nations International Convention 

9 for the Suppression of the Financing of Ter10 rorism; 

11 (I) to establish a counterinsurgency and 

12 counterterrorism strategy to prevent any terri13 tory of Pakistan from being used as a base or 

14 conduit for terrorist attacks in Pakistan, or else15 where, and ensure that madrasas in Pakistan 

16 are not used to incite terrorism; 

17 (J) to ensure that Pakistan has strong and 

18 effective law enforcement and national defense 

19 forces, under civilian leadership, with sufficient 

20 and appropriate security equipment and train21 ing to effectively defend Pakistan against inter22 nal and external threats; 

23 (K) to ensure access of United States inves24 tigators to individuals suspected of engaging in 

25 worldwide proliferation of nuclear materials, as 


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1 necessary, and restrict such individuals from 

2 travel or any other activity that could result in 

3 further proliferation; 

4 (L) to help Pakistan meet its commitment 

5 to not support any person or group that con6 ducts violence, sabotage, or other activities meant 

7 to instill fear or terror in Pakistan’s neighboring 

8 countries; and 

9 (M) to help Pakistan gain control of its 

10 under-governed areas and stop any support, di11 rection, guidance to, or acquiescence in the ac12 tivities of, any person or group that engages in 

13 acts of violence or intimidation against civil14 ians, civilian groups, or governmental entities. 

15 TITLE I—DEMOCRATIC, ECO16 NOMIC, AND SOCIAL DEVEL17 OPMENT ASSISTANCE FOR 

18 PAKISTAN 

19 SEC. 101. PURPOSES OF ASSISTANCE. 

20 The purposes of assistance under this title are— 

21 (1) to demonstrate unequivocally the long-term 

22 commitment of the United States to the people of 

23 Pakistan and Pakistan’s democratic institutions; 

24 (2) to support the consolidation of democracy, 

25 good governance, and the rule of law in Pakistan; 


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1 (3) to help build the capacity of law enforcement 

2 forces in Pakistan to combat terrorism and violent 

3 militancy and expeditiously investigate, arrest, and 

4 prosecute alleged criminals, consistent with the rule of 

5 law and due process; 

6 (4) to further the sustainable and effective eco7 nomic and social development of Pakistan and the 

8 improvement of the living conditions of the people of 

9 Pakistan, especially in areas of direct interest and 

10 importance to their daily lives; 

11 (5) to strengthen regional ties between Pakistan 

12 and its neighbors by offering concrete nonmilitary as13 sistance for issues of mutual economic and social con14 cern; 

15 (6) to strengthen Pakistan’s public education 

16 system, increase literacy, expand opportunities for vo17 cational training, and help create an appropriate na18 tional curriculum for all schools in Pakistan; 

19 (7) to expand people-to-people engagement be20 tween the United States and Pakistan, through in21 creased educational, technical, and cultural exchanges 

22 and other methods; and 

23 (8) to strengthen respect for internationally rec24 ognized human rights in efforts to stabilize the secu25 rity environment in Pakistan. 


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1 SEC. 102. AUTHORIZATION OF ASSISTANCE. 

2 (a) IN GENERAL.—To carry out the purposes of section 

3 101, the President is authorized to provide assistance for 

4 Pakistan to support the activities described in subsection 

5 (b). 

6 (b) ACTIVITIES SUPPORTED.—Activities that may be 

7 supported by assistance under subsection (a) include the fol8 lowing: 

9 (1) FORTIFYING DEMOCRATIC INSTITUTIONS.—To 

10 support, notwithstanding any other provision of law, 

11 democratic institutions in Pakistan in order to 

12 strengthen civilian rule and long-term stability, in13 cluding assistance such as— 

14 (A) support for efforts to strengthen the Na15 tional Parliament of Pakistan, including— 

16 (i) assistance to parliamentary com17 mittees to enhance the capacity to conduct 

18 public hearings and oversee government ac19 tivities, including national security issues 

20 and the military budget, to solicit input on 

21 key public policy issues, and to oversee the 

22 conduct of elections; 

23 (ii) support for the establishment of 

24 constituency offices and otherwise promote 

25 the responsibility of members of parliament 

26 to respond to constituents; and 


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1 (iii) strengthening of the role of par2 liamentary leadership; 

3 (B) support for voter education and civil 

4 society training, including training with grass5 roots organizations to enhance the capacity of 

6 the organizations to advocate for the development 

7 of public policy; 

8 (C) support for political parties, including 

9 increasing their capacity and protecting their 

10 right to carry out political activities without re11 striction (other than reasonable administrative 

12 requirements commonly applied in democratic 

13 countries) and fostering the responsiveness of 

14 such parties to the needs of the people of Paki15 stan; 

16 (D) support for strengthening the capacity 

17 of the civilian Government of Pakistan to carry 

18 out its responsibilities, including supporting the 

19 establishment of frameworks that promote gov20 ernment transparency and criminalize corrup21 tion in both the government and private sector, 

22 audit offices, inspectors general offices, third 

23 party monitoring of government procurement 

24 processes, whistle-blower protections, and anti25 corruption agencies; and 


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1 (E) in particular, support for efforts by the 

2 Government of Pakistan to promote governance 

3 reforms in the FATA, including— 

4 (i) extension of the Political Parties 

5 Act; 

6 (ii) local experimentation with meth7 ods to transition from the FCR; and 

8 (iii) long-term development of durable 

9 and responsive political institutions. 

10 (2) ENHANCEMENT AND STRENGTHENING OF THE

11 JUDICIAL SYSTEM AND LAW ENFORCEMENT.—To sup12 port, notwithstanding any other provision of law, 

13 Pakistan’s efforts to expand the rule of law and build 

14 the capacity, transparency, and trust in government 

15 institutions, at the national, provincial, and local lev16 els, including assistance such as— 

17 (A) support for the rule of law and systemic 

18 improvement of judicial and criminal justice in19 stitutions, including— 

20 (i) management of courts; 

21 (ii) enhanced career opportunities and 

22 professional training for judges, public de23 fenders, and prosecutors; and 

24 (iii) efforts to enhance the rule of law 

25 to all areas in Pakistan where the writ of 


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1 the government is under heightened chal2 lenge by terrorists and militants, including 

3 through innovations in the delivery of judi4 cial services that enhance the legitimacy of 

5 state institutions; 

6 (B) support for professionalization of the 

7 police, including— 

8 (i) training regarding use of force; 

9 (ii) education and training regarding 

10 human rights; 

11 (iii) training regarding evidence pres12 ervation and chain of custody; and 

13 (iv) training regarding community po14 licing; 

15 (C) support for independent law enforce16 ment agencies, such as the Intelligence Bureau of 

17 the Ministry of Interior, responsive to civilian 

18 control, including— 

19 (i) enhanced coordination with judicial 

20 processes; 

21 (ii) enhancement of forensics capabili22 ties; 

23 (iii) data collection and analyses; 

24 (iv) case tracking and management; 


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1 (v) financial intelligence functions; 

2 and 

3 (vi) maintenance of data systems to 

4 track terrorist of criminal activity; and 

5 (D) strengthening the capacity of the police 

6 and other civilian law enforcement agencies to 

7 provide a robust response to threats from extrem8 ists and terrorists along the frontier and else9 where in Pakistan, including— 

10 (i) the development of an elite rapid 

11 reaction force which could be deployed on 

12 short notice to secure areas that are threat13 ened by militancy; and 

14 (ii) facilitating improved counterter15 rorism and counterinsurgency coordination 

16 between local government officials, the po17 lice, paramilitary, and military leaders. 

18 (3) SUPPORT FOR BROAD-BASED AND SUSTAIN19 ABLE ECONOMIC DEVELOPMENT.—To support eco20 nomic development in Pakistan by— 

21 (A) promoting energy sector reform and de22 velopment; 

23 (B) expanding assistance for agricultural 

24 and rural development, including farm-to-market 

25 roads, systems to prevent spoilage and waste, 


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1 and other small-scale infrastructure improve2 ments that will enhance supply and distribution 

3 networks; 

4 (C) increasing employment opportunities, 

5 including support to small and medium enter6 prises, microfinance and microenterprise activi7 ties, and in particular programs to improve the 

8 lives of women and girls; and 

9 (D) increasing investment in infrastructure, 

10 including construction of roads, water resource 

11 management systems, irrigation channels, and 

12 continued development of a national aviation in13 dustry and aviation infrastructure. 

14 (4) SUPPORT TO INCREASE LOCAL CAPACITY.— 

15 To increase the capacity and improve the sustain16 ability of Pakistan’s national, provincial, and local 

17 governmental and nongovernmental institutions, in18 cluding assistance to— 

19 (A) increase and improve the capacity of 

20 Pakistan’s national, provincial, and local gov21 ernmental institutions by— 

22 (i) providing technical assistance to all 

23 ministries to improve transparency and 

24 ability to respond to the needs of the people 

25 of Pakistan; and 


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1 (ii) promoting the implementation of 

2 fiscal and personnel management, including 

3 revenue tracking and expenditure systems; 

4 and 

5 (B) enhance the capacity of Pakistan’s non6 governmental and civil society organizations to 

7 respond to the needs of the people of Pakistan 

8 by— 

9 (i) increasing support for local non10 governmental organizations with dem11 onstrated experience in delivering services to 

12 the people of Pakistan, particularly to 

13 women, children, and other vulnerable pop14 ulations in Pakistan; 

15 (ii) providing training and education 

16 to local nongovernmental and civil society 

17 organizations on ways to identify and im18 prove the delivery of services to the people 

19 of Pakistan; and 

20 (iii) promoting local ownership and 

21 participation, including encouraging com22 munities to contribute a percentage of the 

23 value of United States projects or activities 

24 carried out under this title in the form of 


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1 labor, in-kind materials, or other provi2 sions. 

3 (5) SUPPORT FOR PUBLIC EDUCATION SYSTEM.— 

4 To support Pakistan’s public education system, in5 cluding— 

6 (A) implementation of a national education 

7 strategy, to include both primary and secondary 

8 education, focused on literacy and civic edu9 cation, including— 

10 (i) programs to assist development of 

11 modern, nationwide school curriculums for 

12 public, private, and religious schools that 

13 incorporate relevant subjects, such as math, 

14 science, literature, and human rights aware15 ness, in addition to agricultural education 

16 and training; 

17 (ii) enhancement of civic education 

18 programs focused on political participation, 

19 democratic institutions, and tolerance of di20 verse ethnic and religious groups; and 

21 (iii) support for the proper oversight of 

22 all educational institutions, including 

23 madrasas, as required by Pakistani law, in24 cluding registration with the Ministry of 

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1 riculum by the Ministry of Education to en2 sure students in Pakistan receive a com3 prehensive education; 

4 (B) initiatives to enhance the access to edu5 cation for women and girls, and to increase 

6 women’s literacy, with special emphasis on help7 ing girls stay in school; 

8 (C) funding to the Government of Pakistan 

9 to use to increase immediately teacher salaries 

10 and to recruit and train teachers and adminis11 trators, as well as develop formalized salary 

12 scales with merit-based pay increases; 

13 (D) establishment of vocational and tech14 nical programs to enhance employment opportu15 nities; 

16 (E) encouragement of United States and 

17 Pakistani public-private partnerships to increase 

18 investment in higher education and technical 

19 training opportunities; 

20 (F) construction and maintenance of public 

21 schools, including water sanitation, perimeter 

22 walls, and recreation areas; 

23 (G) provision of textbooks and other learn24 ing materials and food assistance for student 

25 meals; and 


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1 (H) provision of software to educational in2 stitutions and students at the lowest possible 

3 cost, specifically targeting universities that spe4 cialize in information technology, and women’s 

5 colleges and women’s secondary schools. 

6 (6) SUPPORT FOR HUMAN RIGHTS.—To promote 

7 respect for and compliance with internationally rec8 ognized human rights, including assistance such as— 

9 (A) programs to strengthen civil society or10 ganizations that promote internationally recog11 nized human rights, including religious freedom, 

12 freedom of expression, and freedom of associa13 tion, and that support human rights monitoring; 

14 (B) promotion of education regarding inter15 nationally recognized human rights; 

16 (C) programs designed to end traditional 

17 practices and punishments that are inconsistent 

18 with internationally recognized human rights 

19 norms and protections, such as honor killings 

20 and other forms of cruel and unusual punish21 ments; 

22 (D) promotion of freedom of religion and 

23 religious tolerance, protection of religious mi24 norities, and promotion of freedom of expression 


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1 and association, including support for respon2 sible independent media; 

3 (E) promotion of nongovernmental organi4 zations that focus on the protection of women 

5 and girls, including women-led organizations 

6 and programs that support the participation of 

7 women in the national, provincial, and local po8 litical process, and programs to end violence 

9 against women, including rape; 

10 (F) technical, legal, and law enforcement 

11 assistance for the investigation of past dis12 appearances of individuals in Pakistan and the 

13 development of a national data base of such in14 dividuals; and 

15 (G) programs in support and protection of 

16 the rights of ethnic minorities in Pakistan, in17 cluding Baluchis, Sindhis, and Pashtuns, to pre18 serve their language, culture, traditional areas of 

19 inhabitancy, and to fight any direct or indirect 

20 discrimination. 

21 (7) SUPPORT FOR REFUGEES AND INTERNALLY

22 DISPLACED PERSONS.—It is the sense of Congress 

23 that— 

24 (A) counterinsurgency operations being car25 ried out by the Government of Pakistan should 


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1 be designed to minimize civilian casualties and 

2 collateral damage to the people of Pakistan and 

3 to provide security for the delivery of humani4 tarian assistance to the affected civilian popu5 lation; 

6 (B) the United States should continue to 

7 provide robust assistance to the people of Paki8 stan who have been displaced as a result of ongo9 ing conflict and violence; 

10 (C) the United States should support inter11 national efforts to coordinate assistance to refu12 gees and internally displaced persons in Paki13 stan, including by providing support to inter14 national and nongovernmental organizations for 

15 this purpose; 

16 (D) the Administrator of the United States 

17 Agency for International Development should 

18 support the development objectives of the Refugee 

19 Affected and Host Areas (RAHA) Initiative in 

20 Pakistan to address livelihoods, heath, education, 

21 infrastructure development, and environmental 

22 restoration in identified parts of the country 

23 where Afghan refugees have lived; and 

24 (E) the Administrator of the United States 

25 Agency for International Development should 


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1 evaluate the effectiveness of the livelihoods 

2 projects in the FATA in order to determine 

3 whether systems need to be put into place to im4 prove programming in this key sector. 

5 (8) SUPPORT FOR HEALTHCARE EFFORTS.—To 

6 provide urgently needed healthcare assistance to the 

7 people of Pakistan, including assistance to supple8 ment the Government of Pakistan’s efforts to elimi9 nate diseases, including hepatitis. 

10 (9) SUPPORT FOR PUBLIC DIPLOMACY.—To im11 plement a more effective public diplomacy strategy in 

12 Pakistan in order to ensure that the Pakistani public 

13 recognizes that it is in Pakistan’s own interest to 

14 partner with the United States and other like-minded 

15 countries to combat militant extremism, as well as to 

16 promote a better understanding of the United States, 

17 including through the following: 

18 (A) Partnering with the Government of 

19 Pakistan to highlight the negative behavior of in20 surgent groups and to encourage civil society, re21 spected scholars, and other leaders to speak out 

22 against militancy and violence. 

23 (B) Providing technical assistance to the 

24 Government of Pakistan to both disrupt and pro25 vide alternatives to the illegal FM radio stations 


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1 used by insurgent groups in the FATA and adja2 cent districts of the NWFP. 

3 (C) Expanded exchange activities under the 

4 Fulbright Program, the International Visitor 

5 Leadership Program, the Youth Exchange and 

6 Study Program, and related programs adminis7 tered by the Department of State designed to 

8 promote mutual understanding and interfaith 

9 dialogue. 

10 (D) Expansion of sister institution pro11 grams between United States and Pakistani 

12 schools and universities, towns and cities, and 

13 other organizations in such fields as medicine 

14 and healthcare, business management, environ15 mental protection, information technology, and 

16 agriculture. 

17 (E) Additional scholarships to enable stu18 dents to study in the United States. 

19 SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN. 

20 To the extent that Pakistan continues to evolve toward 

21 civilian control of the government and to develop and im22 plement comprehensive economic reform programs, the 

23 President should do the following: 

24 (1) MULTILATERAL SUPPORT.—Take the lead in 

25 mobilizing international financial institutions, in 


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1 particular the International Monetary Fund and af2 filiated institutions in the World Bank group, to pro3 vide timely and appropriate resources to help Paki4 stan. 

5 (2) STABILIZATION ASSISTANCE.—In conjunction 

6 with other governments and international financial 

7 institutions (including the International Monetary 

8 Fund), support the implementation of a plan of the 

9 Government of Pakistan to attack structural economic 

10 problems, address pressing social problems, carry out 

11 comprehensive economic reform, and relieve imme12 diate and urgent balance of payments requirements in 

13 Pakistan. 

14 (3) CURRENCY STABILIZATION LOANS.—Provide 

15 leadership in supporting multilateral agreements to 

16 provide government-to-government loans for currency 

17 stabilization in Pakistan if the loans can reduce in18 flation and thereby foster conditions necessary for the 

19 effective implementation of economic reforms. 

20 SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND. 

21 (a) ESTABLISHMENT OF FUND.—There is established 

22 in the Treasury of the United States a fund to be known 

23 as the ‘‘Pakistan Democracy and Prosperity Fund’’ (herein24 after in this section referred to as the ‘‘Fund’’), consisting 

25 of such amounts as may be appropriated or transferred to 


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1 the Fund as provided in this section and which may be 

2 used for purposes of this title. 

3 (b) TRANSFERS TO FUND.—The Fund shall consist of 

4 the following: 

5 (1) Amounts appropriated to carry out this title. 

6 (2) Amounts appropriated on or after the date of 

7 the enactment of this Act for ‘‘Development Assist8 ance’’, ‘‘Global Health and Child Survival’’, and the 

9 ‘‘Economic Support Fund’’ for assistance for Paki10 stan under the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2151 et seq.) that are transferred by the Presi12 dent to the Fund pursuant to subsection (d). 

13 (3) To the extent or in the amounts provided in 

14 advance in appropriations Acts, amounts accepted by 

15 the President under subsection (c) that are transferred 

16 by the President to the Fund pursuant to subsection 

17 (d). 

18 (c) ACCEPTANCE OF AMOUNTS FROM OUTSIDE

19 SOURCES.—The President may accept funds from non20 United States Government sources, including foreign gov21 ernments, nongovernmental organizations, private business 

22 entities, and private individuals, for purposes of carrying 

23 out this title. 

24 (d) STATUS OF AVAILABILITY OF AMOUNTS IN

25 FUND.—The President is authorized to transfer to the Fund 


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1 amounts under paragraphs (2) and (3) of subsection (b). 

2 Such amounts shall be merged with and shall be available 

3 for any purpose for which any of the amounts so transferred 

4 are available. 

5 (e) REPORT.—The President shall transmit to the ap6 propriate congressional committees not later than 180 days 

7 after the date of the enactment of this Act, and every 180 

8 days thereafter until September 30, 2018, a report on pro9 grams, projects, and activities carried out using amounts 

10 obligated and expended from the Fund. 

11 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated to the President to carry out this title 

14 $1,500,000,000 for each of the fiscal years 2010 through 

15 2013. 

16 (b) AVAILABILITY.—Amounts authorized to be appro17 priated to carry out this title for a fiscal year are— 

18 (1) authorized to remain available until Sep19 tember 30 of the succeeding fiscal year; and 

20 (2) in addition to amounts otherwise available 

21 for such purposes. 

22 (c) SENSE OF THE CONGRESS.—It is the sense of Con23 gress that United States assistance provided under this title 

24 should be made available on a proportional and equitable 

25 basis between the FATA and other regions of Pakistan. 


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1 TITLE II—SECURITY ASSISTANCE 

2 FOR PAKISTAN 

3 SEC. 201. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) United States security assistance for Paki6 stan should be used to improve relationships between 

7 United States military and Pakistani military per8 sonnel, including outreach to the ‘‘lost generation’’ of 

9 Pakistan’s officers who did not attend United States10 sponsored training as a result of restrictions placed 

11 on United States assistance for Pakistan due to Paki12 stan’s possession of a nuclear device; and 

13 (2) United States security assistance for Paki14 stan should be fully accountable, should be contingent 

15 on Pakistan ending support for terrorist groups, and 

16 should meet the national security needs of Pakistan. 

17 SEC. 202. PURPOSES OF ASSISTANCE. 

18 The purposes of assistance under this title are— 

19 (1) to support Pakistan’s paramount national 

20 security need to fight and win the ongoing counter21 insurgency within its borders; 

22 (2) to work with the Government of Pakistan to 

23 protect and secure Pakistan’s borders and prevent 

24 any Pakistani territory from being used as a base or 

25 conduit for terrorist attacks in Pakistan, or elsewhere; 


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1 (3) to work in close cooperation with the Govern2 ment of Pakistan to coordinate action against extrem3 ist and terrorist targets; and 

4 (4) to develop knowledge of and appreciation for 

5 democratic governance and a military that is con6 trolled by and responsible to democratically elected ci7 vilian leadership. 

8 SEC. 203. AUTHORIZATION OF ASSISTANCE. 

9 (a) INTERNATIONAL MILITARY EDUCATION AND

10 TRAINING.— 

11 (1) IN GENERAL.—Of the amounts authorized to 

12 be appropriated to carry out this title for a fiscal 

13 year, not less than $4,000,000 is authorized be made 

14 available for assistance under chapter 5 of part II of 

15 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

16 et seq.; relating to international military education 

17 and training) for Pakistan, including expanded inter18 national military education and training (commonly 

19 known as ‘‘E–IMET’’). 

20 (2) USE OF FUNDS.—Not less than 30 percent of 

21 the amount authorized to be made available under 

22 this subsection for a fiscal year is authorized to be 

23 used to pay for courses of study and training in 

24 counterinsurgency and civil-military relations. 

25 (b) FOREIGN MILITARY FINANCING PROGRAM.— 


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1 (1) IN GENERAL.—Of the amounts authorized to 

2 be appropriated to carry out this title for a fiscal 

3 year, not less than $300,000,000 is authorized to be 

4 made available for grant assistance under section 23 

5 of the Arms Export Control Act (22 U.S.C. 2763; re6 lating to the Foreign Military Financing program) 

7 for the purchase of defense articles, defense services, 

8 and military education and training for Pakistan. 

9 (2) USE OF FUNDS.—Not less than 75 percent of 

10 the amount authorized to be made available under 

11 this subsection for a fiscal year is authorized to be 

12 used for the purchase of defense articles, defense serv13 ices, and military education and training for activi14 ties relating to counterinsurgency and counterter15 rorism operations in Pakistan. Such articles, services, 

16 and military education and training may include the 

17 following: 

18 (A) Aviation maintenance and logistics 

19 support for United States-origin and United 

20 States-supported rotary wing aircraft and up21 grades to such aircraft to include modern night 

22 vision and targeting capabilities. 

23 (B) Intelligence, surveillance, and recon24 naissance (ISR) ground and air manned and 

25 unmanned platforms, including sustainment. 


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1 (C) Command and control capabilities. 

2 (D) Force protection and counter impro3 vised explosive device capabilities, including pro4 tection of vehicles. 

5 (E) Protective equipment, such as body 

6 armor and helmets, night vision goggles, and 

7 other individual equipment, including load-bear8 ing equipment, individual and unit level first 

9 aid equipment, ballistic eye protection, and cold 

10 weather equipment. 

11 (F) Appropriate individual and unit level 

12 medical services and articles for the Pakistan 

13 Army, the Pakistan Frontier Corps, and other 

14 appropriate security forces. 

15 (G) Assistance to enable the Pakistani mili16 tary to distribute humanitarian assistance and 

17 establish a tactical civil-military operations ca18 pability, including a civil affairs directorate. 

19 (3) RESTRICTION RELATING TO F–16 PRO20 GRAM.— 

21 (A) CONGRESSIONAL FINDING.—In accord22 ance with the Letters of Offer and Acceptance 

23 signed between the United States and Pakistan 

24 in 2006, Congress finds that the Government of 

25 Pakistan is responsible for making the remainVerDate Nov 24 2008 23:27 Jun 02, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H1886.RH H1886

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1 ing payments of the F–16 sale with its own na2 tional funds. 

3 (B) RESTRICTION.—Subject to subpara4 graph (C), amounts authorized to be made avail5 able under this subsection or section 204 for a 

6 fiscal year may not be used for the purchase of, 

7 or upgrade to, F–16 fighter aircraft or muni8 tions for such aircraft. 

9 (C) EXCEPTION.—Amounts authorized to be 

10 made available under this subsection for a fiscal 

11 year are authorized to be used for military con12 struction pursuant to the security plan con13 tained in the Letters of Offer and Acceptance 

14 signed between the United States and Pakistan 

15 in 2006. 

16 (D) WAIVER.—The President may waive the 

17 restriction under subparagraph (B) with respect 

18 to amounts authorized to be made available 

19 under this subsection for a fiscal year, other than 

20 amounts authorized to be made available under 

21 paragraph (2) of this subsection, if the President 

22 certifies to the appropriate congressional com23 mittees not later than 15 days prior to exercising 

24 the authority of this subparagraph that the 


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1 waiver is important to the national security in2 terests of the United States. 

3 (4) SECURITY ASSISTANCE PLAN.—Not later 

4 than 180 days after the date of the enactment of this 

5 Act, the President shall transmit to the appropriate 

6 congressional committees a plan for the proposed use 

7 of amounts authorized to be made available under 

8 this subsection for each of the fiscal years 2010 

9 through 2013. Such plan may be transmitted to the 

10 appropriate congressional committees in conjunction 

11 with the plan required under section 204(f)(1). 

12 (5) DEFINITIONS.—In this section, the terms 

13 ‘‘defense articles’’, ‘‘defense services’’, and ‘‘military 

14 education and training’’ have the meaning given such 

15 terms in section 644 of the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2403). 

17 (c) SENSE OF CONGRESS.—It is the sense of Congress 

18 that the United States should facilitate Pakistan’s establish19 ment of a program to enable the Pakistani military to pro20 vide reconstruction assistance in areas damaged by combat 

21 operations. 

22 SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITIES 

23 FUND. 

24 (a) ESTABLISHMENT OF FUND.—There is established 

25 in the Treasury of the United States a fund to be known 


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1 as the ‘‘Pakistan Counterinsurgency Capabilities Fund’’ 

2 (hereinafter in this section referred to as the ‘‘Fund’’ or the 

3 ‘‘PCCF’’), consisting of such amounts as may be appro4 priated or transferred to the Fund as provided in this sec5 tion. 

6 (b) TRANSFERS TO FUND.—The PCCF shall consist of 

7 the following: 

8 (1) Amounts appropriated to carry out this sec9 tion. 

10 (2) Amounts appropriated on or after the date of 

11 the enactment of this Act to carry out the provisions 

12 of chapter 8 of part I and chapters 2, 5, 6, and 8 of 

13 part II of the Foreign Assistance Act of 1961 and sec14 tion 23 of the Arms Export Control Act for assistance 

15 for enhancing counterinsurgency capabilities of Paki16 stan that are transferred by the President to the Fund 

17 pursuant to subsection (e). 

18 (c) PURPOSES OF FUND.—Amounts in the Fund are 

19 authorized to be used by the Secretary of State, with the 

20 concurrence of the Secretary of Defense, to enhance the ca21 pability of Pakistan to conduct counterinsurgency and 

22 counterterrorism operations, including— 

23 (1) the training and equipping of the armed 

24 forces of Pakistan, including the articles, services, and 


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1 military education and training described in section 

2 203(b)(2); 

3 (2) the training and equipping of paramilitary 

4 and other security forces, including the Frontier 

5 Corps, and, on an exceptional basis, irregular secu6 rity forces; and 

7 (3) building the capability of the forces described 

8 in paragraphs (1) and (2) to respond to urgent hu9 manitarian relief and reconstruction requirements 

10 that will immediately assist those civilians affected by 

11 military operations. 

12 (d) ADDITIONAL AUTHORITY.— 

13 (1) IN GENERAL.—Except as provided in section 

14 3(a)(2) of the Arms Export Control Act and except as 

15 otherwise provided in this title, amounts in the Fund 

16 shall be available notwithstanding any other provi17 sion of law. 

18 (2) AVAILABILITY.—Amounts in the Fund shall 

19 be available in the fiscal year they were appropriated 

20 and the succeeding fiscal year. 

21 (e) TRANSFER AUTHORITY.— 

22 (1) IN GENERAL.—The Secretary of State may 

23 transfer amounts appropriated for Pakistan pursuant 

24 to the provisions of law described in subsection (b)(2) 

25 to the Fund. Such funds shall be merged with 


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1 amounts in the Fund and shall be available for any 

2 purpose for which any of the amounts so transferred 

3 are available. 

4 (2) TO OTHER AGENCIES.—The Secretary of 

5 State may transfer amounts in the Fund to the De6 partment of Defense or any other Federal department 

7 or agency, with the concurrence of the head of such 

8 department or agency, to enable such departments 

9 and agencies to support Pakistan’s counterinsurgency 

10 operations, and such amounts may be merged with 

11 and be available for the same purposes and for the 

12 same time period as the appropriation or fund to 

13 which transferred or may be transferred pursuant to 

14 the authorities contained in the Foreign Assistance 

15 Act of 1961. 

16 (3) NOTIFICATION.—The Secretary of State shall, 

17 not less than 15 days prior to making transfers from 

18 Fund, notify the appropriate congressional commit19 tees in writing of the details of any such transfer. If 

20 the Secretary determines that it is in the national se21 curity interest of the United States to transfer such 

22 funds immediately, the Secretary shall notify the ap23 propriate congressional committees not later than 5 

24 days after the transfer of such funds. 


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1 (4) RETRANSFER.—Upon determination by the 

2 Secretary of Defense or head of any other Federal de3 partment or agency, with the concurrence of the Sec4 retary of State, that all or part of the funds trans5 ferred from the Fund pursuant to paragraph (2) are 

6 not necessary for the purposes described in subsection 

7 (c), such amounts may be transferred by the head of 

8 the relevant Federal department or agency back to the 

9 Fund and shall be available for the same purposes 

10 and for the same time period as originally appro11 priated. 

12 (5) RELATIONSHIP TO OTHER LAWS.—The au13 thority of this section is in addition to transfer au14 thorities provided in the Foreign Assistance Act of 

15 1961 or under any other provision of law. 

16 (f) REPORT.— 

17 (1) INITIAL SPENDING PLAN.—Not later than 

18 180 days after the date of the enactment of this Act, 

19 the Secretary of State shall submit to the appropriate 

20 congressional committees an initial spending plan for 

21 the any amounts in the Fund. 

22 (2) IMPLEMENTATION.—Not later than April 1, 

23 2010, and every six months thereafter through Sep24 tember 30, 2013, the Secretary shall submit to the ap25 propriate congressional committees a report summaVerDate Nov 24 2008 23:27 Jun 02, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H1886.RH H1886

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1 rizing, on a project-by-project basis, the activities car2 ried out by the Fund, including a description of pro3 visions of law waived to carry out such activities. 

4 (g) SUBMISSION OF REPORTS AND NOTIFICATIONS.— 

5 Any report or notification required by this section shall be 

6 submitted in classified form, but may include a unclassified 

7 annex if necessary. 

8 (h) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means— 

11 (1) the Committee on Appropriations, the Com12 mittee on Armed Services, and the Committee on For13 eign Affairs of the House of Representatives; and 

14 (2) the Committee on Appropriations, the Com15 mittee on Armed Services, and the Committee on For16 eign Relations of the Senate. 

17 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated for the Fund $700,000,000 

19 for fiscal year 2010 and such sums as may be necessary 

20 for each of the fiscal years 2011 through 2013. 

21 SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND 

22 CIVILIAN PERSONNEL OF PAKISTAN AND 

23 CERTAIN OTHER COUNTRIES. 

24 (a) IN GENERAL.—The Secretary of State is author25 ized to establish an exchange program between— 


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1 (1) military and civilian personnel of Pakistan, 

2 and 

3 (2)(A) military and civilian personnel of coun4 tries determined by the Secretary of State to be in 

5 transition to democracy, or 

6 (B) military and civilian personnel of North At7 lantic Treaty Organization member countries, 

8 in order to foster greater respect for and understanding of 

9 the principle of civilian rule of Pakistan’s military. The 

10 program established under this subsection shall be known 

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

12 (b) ELEMENTS OF PROGRAM.—The program author13 ized under subsection (a) may include— 

14 (1) conferences, seminars, and other events; 

15 (2) distribution of publications; and 

16 (3) reimbursement of expenses of foreign military 

17 personnel participating in the program, including 

18 transportation expenses, translation services expenses, 

19 and administrative expenses relating to the program. 

20 (c) ROLE OF NONGOVERNMENTAL ORGANIZATIONS.— 

21 Amounts authorized to be appropriated to carry out this 

22 title for a fiscal year are authorized to be made available 

23 for nongovernmental organizations to facilitate the imple24 mentation of the program authorized under subsection (a). 


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1 SEC. 206. LIMITATION ON UNITED STATES MILITARY AS2 SISTANCE TO PAKISTAN. 

3 (a) PROHIBITION ON USE OF FUNDS.—None of the 

4 funds authorized to be appropriated for military assistance 

5 to Pakistan for fiscal year 2011 and each fiscal year there6 after may be obligated or expended if the President has not 

7 made the determinations described in subsection (b) for such 

8 fiscal year. 

9 (b) DETERMINATIONS REGARDING ENHANCED CO10 OPERATION BETWEEN THE UNITED STATES AND PAKI11 STAN.—The determinations referred to in subsection (a) 

12 are— 

13 (1) a determination by the President at the be14 ginning of each fiscal year that the Government of 

15 Pakistan is continuing to cooperate with the United 

16 States in efforts to dismantle supplier networks relat17 ing to the acquisition of nuclear weapons-related ma18 terials, including, as necessary, providing direct ac19 cess to Pakistani nationals associated with such net20 works; and 

21 (2) a determination by the President at the be22 ginning of each fiscal year that the Government of 

23 Pakistan during the preceding fiscal year has dem24 onstrated a sustained commitment to and making 

25 progress towards combating terrorist groups, includVerDate Nov 24 2008 23:27 Jun 02, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H1886.RH H1886

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1 ing taking into account the progress the Government 

2 of Pakistan has made with regard to— 

3 (A) ceasing support, including by any ele4 ments within the Pakistan military or its intel5 ligence agency, to extremist and terrorist groups, 

6 particularly to any group that has conducted at7 tacks against United States or coalition forces in 

8 Afghanistan, or against the territory or people of 

9 neighboring countries; 

10 (B) closing terrorist camps in the FATA, 

11 dismantling terrorist bases of operations in other 

12 parts of the country, including Quetta and 

13 Muridke, and taking action when provided with 

14 intelligence about high-level terrorist targets; 

15 (C) preventing cross-border attacks into 

16 neighboring countries; and 

17 (D) strengthening counter-terrorism and 

18 anti-money laundering laws. 

19 (c) WAIVER.—The President may waive the restriction 

20 under subsection (a) for any fiscal year if the President 

21 certifies to the appropriate congressional committees 15 

22 days before the President exercises the authority of this sub23 section that the provision of military assistance to Pakistan 

24 is important to the national security interests of the United 

25 States. 


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1 (d) CONSULTATION AND WRITTEN JUSTIFICATION.— 

2 Not later than 5 days prior to making a determination de3 scribed in subsection (b), the President shall consult with 

4 the appropriate congressional committees and, upon mak5 ing such determination, shall submit to the appropriate 

6 congressional committees a written justification that speci7 fies the basis upon which the President made such a deter8 mination, including an acknowledgment of the extent to 

9 which the Government of Pakistan has made progress with 

10 regard to subsection (b)(2). The justification shall be unclas11 sified but may include a classified annex. 

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

13 (1) the term ‘‘appropriate congressional commit14 tees’’ means the Committees on Foreign Affairs and 

15 Armed Services of the House of Representatives and 

16 the Committees on Foreign Relations and Armed 

17 Services of the Senate; and 

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

19 (A) means assistance authorized under sec20 tion 23 of the Arms Export Control Act (22 

21 U.S.C. 2763; relating to the Foreign Military Fi22 nancing program), including assistance author23 ized under section 203(b) of this Act, assistance 

24 authorized under section 204 of this Act, and as25 sistance authorized under part II of the Foreign 


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1 Assistance Act of 1961 (22 U.S.C. 2301 et seq.), 

2 other than assistance authorized under chapter 5 

3 of part II of such Act (22 U.S.C. 2347 et seq.); 

4 but 

5 (B) does not include assistance authorized 

6 under any provision of law that is funded from 

7 accounts within budget function 050 (National 

8 Defense). 

9 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated to the President to carry out this title, other than 

12 section 204, $400,000,000 for each of the fiscal years 2010 

13 through 2013. 

14 (b) RELATION TO OTHER AVAILABLE FUNDS.— 

15 Amounts authorized to be appropriated to carry out this 

16 title for a fiscal year are in addition to amounts otherwise 

17 available for such purposes. 

18 TITLE III—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRAT21 EGY. 

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

23 that the achievement of United States national security 

24 goals to eliminate terrorist threats and close safe havens in 

25 Pakistan requires the development of a comprehensive plan 


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1 that utilizes all elements of national power, including in 

2 coordination and cooperation with other concerned govern3 ments, and that it is critical to Pakistan’s long-term pros4 perity and security to strengthen regional relationships 

5 among India, Pakistan, and Afghanistan. 

6 (b) COMPREHENSIVE REGIONAL SECURITY STRAT7 EGY.—The President shall develop a comprehensive regional 

8 security strategy to eliminate terrorist threats and close safe 

9 havens in Pakistan, including by working with the Govern10 ment of Pakistan and other relevant governments and orga11 nizations in the region and elsewhere, as appropriate, to 

12 best implement effective counterinsurgency and counterter13 rorism efforts in and near the border areas of Pakistan and 

14 Afghanistan, including the FATA, NWFP, parts of 

15 Balochistan, and parts of Punjab. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of the enactment of this Act, the President 

19 shall transmit to the appropriate congressional com20 mittees a report on the comprehensive regional secu21 rity strategy required under subsection (b). 

22 (2) CONTENTS.—The report shall include a copy 

23 of the comprehensive regional security strategy, in24 cluding specifications of goals, and proposed timelines 

25 and budgets for implementation of the strategy. 


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1 (d) DEFINITION.—For purposes of this section, the 

2 term ‘‘appropriate congressional committees’’ means the 

3 Committees on Foreign Affairs and Armed Services of the 

4 House of Representatives and the Committees on Foreign 

5 Relations and Armed Services of the Senate. 

6 SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) IMPACT EVALUATION RESEARCH.—The term 

9 ‘‘impact evaluation research’’ means the application 

10 of research methods and statistical analysis to meas11 ure the extent to which change in a population-based 

12 outcome can be attributed to program intervention in13 stead of other environmental factors. 

14 (2) OPERATIONS RESEARCH.—The term ‘‘oper15 ations research’’ means the application of social 

16 science research methods, statistical analysis, and 

17 other appropriate scientific methods to judge, com18 pare, and improve policies and program outcomes, 

19 from the earliest stages of defining and designing pro20 grams through their development and implementa21 tion, with the objective of the rapid dissemination of 

22 conclusions and concrete impact on programming. 

23 (3) PROGRAM MONITORING.—The term ‘‘program 

24 monitoring’’ means the collection, analysis, and use of 


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1 routine program data to determine how well a pro2 gram is carried out and how much the program costs. 

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

4 that— 

5 (1) to successfully enhance democracy and the 

6 rule of law in Pakistan, defeat extremist elements, 

7 and ensure the protection of human rights, the Presi8 dent should establish a program to conduct impact 

9 evaluation research, operations research, and program 

10 monitoring to ensure effectiveness of assistance pro11 vided under title I of this Act; 

12 (2) long-term solutions to Pakistan’s security 

13 problems depend on increasing the effectiveness and 

14 responsiveness of civilian institutions in Pakistan, in15 cluding the parliament and judicial system; 

16 (3) a specific program of impact evaluation re17 search, operations research, and program monitoring, 

18 established at the inception of the program, is re19 quired to permit assessment of the operational effec20 tiveness of impact of United States assistance towards 

21 these goals; and 

22 (4) the President, in developing performance 

23 measurement methods under the impact evaluation 

24 research, operations research, and program moni25 toring, should consult with the appropriate congresVerDate Nov 24 2008 23:27 Jun 02, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H1886.RH H1886

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1 sional committees as well as the Government of Paki2 stan. 

3 (c) IMPACT EVALUATION RESEARCH, OPERATIONS RE4 SEARCH AND PROGRAM MONITORING OF ASSISTANCE.—The 

5 President shall establish and implement a program to assess 

6 the effectiveness of assistance provided under title I of this 

7 Act through impact evaluation research on a selected set 

8 of programmatic interventions, operations research in areas 

9 to ensure efficiency and effectiveness of program implemen10 tation, and monitoring to ensure timely and transparent 

11 delivery of assistance. 

12 (d) REQUIREMENTS.—The program required under 

13 subsection (c) shall include— 

14 (1) a delineation of key impact evaluation re15 search and operations research questions for main 

16 components of assistance provided under title I of this 

17 Act; 

18 (2) an identification of measurable performance 

19 goals for each of the main components of assistance 

20 provided under title I of this Act to be expressed in 

21 an objective and quantifiable form at the inception of 

22 the program; 

23 (3) the use of appropriate methods, based on rig24 orous social science tools, to measure program impact 

25 and operational efficiency; and 


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1 (4) adherence to a high standard of evidence in 

2 developing recommendations for adjustments to the 

3 assistance to enhance the impact of the assistance. 

4 (e) ASSISTANCE TO ENHANCE THE CAPACITY OF PAKI5 STAN.—In carrying out the program required under sub6 section (c), the President is authorized to provide assistance 

7 to enhance the capacity of the Government of Pakistan to 

8 monitor and evaluate programs carried out by the national, 

9 provincial, and local governments in Pakistan in order to 

10 maximize the long-term sustainable development impact of 

11 such programs. 

12 (f) CONSULTATION WITH CONGRESS.—Not later than 

13 120 days after the date of the enactment of this Act, the 

14 President shall brief and consult with the appropriate con15 gressional committees regarding the progress in establishing 

16 and implementing the program required under subsection 

17 (c). 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

19 amounts authorized to be appropriated under section 105 

20 for each of the fiscal years 2010 through 2013, up to 5 per21 cent of such amounts for such fiscal year is authorized to 

22 be made available to carry out this section for the fiscal 

23 year. 


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1 SEC. 303. AUDITING. 

2 (a) ASSISTANCE AUTHORIZED.—The Inspector Gen3 eral of the Department of State and the Inspector General 

4 of the United States Agency for International Development 

5 shall audit, investigate, and oversee the obligation and ex6 penditure of funds to carry out title I of this Act. 

7 (b) REQUIREMENT FOR IN-COUNTRY PRESENCE.—The 

8 Inspector General of the Department of State and the In9 spector General of the United States Agency for Inter10 national Development, after consultation with the Secretary 

11 of State and the Administrator of the United States Agency 

12 for International Development, are authorized to establish 

13 field offices in Pakistan with sufficient staff from each of 

14 the Offices of the Inspector General in Pakistan respectively 

15 to carry out subsection (a). 

16 (c) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—Of the amounts authorized to 

18 be appropriated under section 105 for each of the fis19 cal years 2010 through 2013, not less than $2,000,000 

20 for each fiscal year is authorized to be made available 

21 to the Office of the Inspector General of the Depart22 ment of State and not less than $2,000,000 for each 

23 fiscal year is authorized to be made available to the 

24 Office of the Inspector General of the United States 

25 Agency for International Development to carry out 

26 this section. 


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1 (2) RELATION TO OTHER AVAILABLE FUNDS.— 

2 Amounts made available under paragraph (1) are in 

3 addition to amounts otherwise available for such pur4 poses. 

5 SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF 

6 UNITED STATES ASSISTANCE FOR PAKISTAN. 

7 (a) REQUIREMENTS.—Any direct assistance provided 

8 or payments made on or after January 1, 2010, by the 

9 United States to the Government of Pakistan, and any in10 formation required by the United States prior to providing 

11 the assistance or making the payments, may only be pro12 vided or made to, or received from, civilian authorities of 

13 a government of Pakistan constituted through a free and 

14 fair election. For purposes of this subsection, a government 

15 of Pakistan constituted through a free and fair election is 

16 a government that is determined by the President to have 

17 been elected in a free and fair manner, taking into account 

18 the laws and constitution of Pakistan and internationally 

19 recognized standards. 

20 (b) WAIVER.—The President may waive— 

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

22 (2) the requirements under any other provision 

23 of law that restricts assistance to the government of 

24 any country whose duly elected head of government is 

25 deposed by military coup or decree, as such provision 


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1 of law applies with respect to the Government of 

2 Pakistan, 

3 if the President certifies to the appropriate congressional 

4 committees that the waiver is important to the national se5 curity interests of the United States. 

6 (c) RULE OF CONSTRUCTION.—Nothing in this section 

7 shall apply with respect to any activities subject to report8 ing requirements under title V of the National Security Act 

9 of 1947 (50 U.S.C. 413 et seq.). 

10 (d) DEFINITION.—In this section, the term ‘‘appro11 priate congressional committees’’ means the Committees on 

12 Appropriations, Armed Services, and Foreign Affairs of the 

13 House of Representatives and the Committees on Appro14 priations, Armed Services, and Foreign Relations of the 

15 Senate. 

16 SEC. 305. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

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

19 of the Secretary of Defense, should establish a coordi20 nated, strategic communications strategy to engage 

21 the people of Pakistan—one that is fully funded, 

22 staffed, and implemented—to help ensure the success 

23 of the measures authorized by this Act; and 

24 (2) the strategy should have clear and achievable 

25 objectives, based on available resources, and should be 


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1 overseen by the United States Chief of Mission in 

2 Pakistan. 

3 SEC. 306. REPORTS. 

4 (a) REPORT BY PRESIDENT.— 

5 (1) IN GENERAL.—The President shall transmit 

6 to the appropriate congressional committees a report 

7 on assistance provided under titles I and II of this 

8 Act during the preceding fiscal year. The first report 

9 shall be transmitted not later than 180 days after the 

10 date of the enactment of this Act and subsequent re11 ports shall be transmitted not later than December 31 

12 of each year thereafter. 

13 (2) MATTERS TO BE INCLUDED.—The report re14 quired under subsection (a) shall include the fol15 lowing: 

16 (A) A detailed description of the assistance 

17 by program, project, and activity, as well as by 

18 geographic area. 

19 (B) A general description of the perform20 ance goals established under section 302 and the 

21 progress made in meeting the goals. 

22 (C) An evaluation of efforts undertaken by 

23 the Government of Pakistan to— 

24 (i) disrupt, dismantle, and defeat al 

25 Qaeda, the Taliban, and other extremist 


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1 and terrorist groups in the FATA and set2 tled areas; 

3 (ii) close terrorist camps, including 

4 those of Jamaat-ud-Dawa, Lashkar-e-Taiba, 

5 and Jaish-e-Mohammed; 

6 (iii) cease all support for extremist and 

7 terrorist groups; 

8 (iv) prevent cross-border attacks; 

9 (v) increase oversight over curriculum 

10 in madrasas, including closing madrasas 

11 with direct links to the Taliban or other ex12 tremist and terrorist groups; and 

13 (vi) improve counter-terrorism financ14 ing and anti-money laundering laws, apply 

15 for observer status for the Financial Action 

16 Task Force, and steps taken to adhere to the 

17 United Nations International Convention 

18 for the Suppression of Financing of Ter19 rorism. 

20 (D) A detailed description of Pakistan’s ef21 forts to prevent proliferation of nuclear-related 

22 material and expertise. 

23 (E) An assessment of whether assistance 

24 provided to Pakistan pursuant to this Act has 

25 directly or indirectly aided the expansion of 


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1 Pakistan’s nuclear weapons program, whether by 

2 the diversion of United States assistance or the 

3 reallocation of Pakistan financial resources that 

4 would otherwise be spent for programs and ac5 tivities unrelated to its nuclear weapons pro6 gram. 

7 (F) A description of the transfer or pur8 chase of military equipment pursuant to title II 

9 of this Act, including— 

10 (i) a list of equipment provided; and 

11 (ii) a detailed description of the extent 

12 to which funds obligated and expended pur13 suant to section 203(b) meet the require14 ments of such section. 

15 (G) An analysis of a suitable replacement 

16 for the AH–1F and AH–1S Cobra attack heli17 copters, which includes recommendations for 

18 sustainment, training, and any other matters de19 termined to be appropriate. 

20 (H) An assessment of the extent to which 

21 the Government of Pakistan exercises effective ci22 vilian control of the military, including a de23 scription of the extent to which civilian executive 

24 leaders and parliament exercise oversight and 

25 approval of military budgets, the chain of comVerDate Nov 24 2008 23:27 Jun 02, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H1886.RH H1886

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1 mand, the process of promotion for senior mili2 tary leaders, civilian involvement in strategic 

3 guidance and planning, and military involve4 ment in civil administration. 

5 (b) REPORT BY COMPTROLLER GENERAL.— 

6 (1) IN GENERAL.—Not later than April 1, 2011, 

7 the Comptroller General of the United States shall 

8 submit to the appropriate congressional committees a 

9 report evaluating the effectiveness of security assist10 ance provided to Pakistan under title II of this Act 

11 during fiscal years 2010 and 2011. 

12 (2) MATTERS TO BE INCLUDED.—The report re13 quired under subsection (a) shall include the fol14 lowing: 

15 (A) A detailed description of the expendi16 tures made by Pakistan pursuant to grant as17 sistance under section 23 of the Arms Export 

18 Control Act (22 U.S.C. 2763; relating to the For19 eign Military Financing program). 

20 (B) An assessment of the impact of the as21 sistance on the security and stability of Paki22 stan. 

23 (C) An evaluation of any issues of financial 

24 impropriety on behalf of personnel implementing 

25 the assistance. 


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1 (D) An assessment of the extent to which ci2 vilian authorities are involved in administration 

3 of the assistance provided by the United States. 

4 SEC. 307. SUNSET. 

5 The authority of this Act, other than section 104, shall 

6 expire after September 30, 2013. 


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Union Calendar No. 66 

111TH CONGRESS 

1ST SESSION H. R. 1886 

[Report No. 111–129, Part I] 

A BILL 

To authorize democratic, economic, and social depurposes. security assistance for Pakistan, and for other velopment assistance for Pakistan, to authorize 

JUNE 2, 2009 

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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