I 

111TH CONGRESS 

1ST SESSION H. R. 1886 

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 

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 En6 hancement Act of 2009’’ or the ‘‘PEACE Act of 2009’’. 


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

2 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. Drawdown authority. 

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. Role of Secretary of State. 

Sec. 208. Authorization of appropriations. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—Except as otherwise provided in this Act, the 

7 term ‘‘appropriate congressional committees’’ means 

8 the Committees on Appropriations and Foreign Af9 fairs of the House of Representatives and the ComVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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1 mittees on Appropriations and Foreign Relations of 

2 the Senate. 

3 (2) COUNTERINSURGENCY.—The term ‘‘coun4 terinsurgency’’ means efforts to defeat organized 

5 movements that seek to overthrow the duly con6 stituted Governments of Pakistan and Afghanistan 

7 through the use of subversion and armed conflict. 

8 (3) COUNTERTERRORISM.—The term ‘‘counter9 terrorism’’ means efforts to combat— 

10 (A) al Qaeda; and 

11 (B) other terrorist organizations, as such 

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

13 the Immigration and Nationality Act (8 U.S.C. 

14 1182(a)(3)(B)(vi)). 

15 (4) FATA.—The term ‘‘FATA’’ means the 

16 Federally Administered Tribal Areas of Pakistan. 

17 (5) FCR.—The term ‘‘FCR’’ means the Fron18 tier Crimes Regulation, codified under British law in 

19 1901, and applicable to the FATA. 

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

21 North West Frontier Province of Pakistan, which 

22 has Peshawar as its provincial capital. 

23 SEC. 3. FINDINGS. 

24 Congress finds the following: 


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1 (1) The Islamic Republic of Pakistan has been 

2 an invaluable ally of the United States for more 

3 than 4 decades. 

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

5 18, 2008, Pakistan returned to civilian rule after al6 most 9 years under a military dictatorship. 

7 (3) After the September 11, 2001, terrorist at8 tacks against the United States, Pakistan recognized 

9 the significant challenges emanating from within its 

10 borders, and chose to partner with the United States 

11 in its fight against al Qaeda, the Taliban, and other 

12 extremist and terrorist groups. 

13 (4) Since 2001, the United States has contrib14 uted more than $10,000,000,000 to Pakistan to 

15 strengthen Pakistan’s governance, economy, edu16 cation system, healthcare services, and military, so 

17 as to bring freedom and opportunities to the people 

18 of Pakistan while helping to combat terrorism and 

19 to counter a domestic insurgency. 

20 (5) The United States requires a balanced, inte21 grated, countrywide strategy that targets assistance 

22 throughout Pakistan and does not disproportionately 

23 focus on military activities or one particular area or 

24 province. 


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1 (6) Despite apprehending the top leadership of 

2 al Qaeda—Khalid Sheikh Muhammad, Ramzi bin al3 Shibh, and Abu Faraj al-Libi—as well as the leader4 ship and rank and file of affiliated terrorist groups, 

5 Pakistan, particularly the FATA as well as areas 

6 under central government authority such as Quetta 

7 in Balochistan and Muridke in Punjab, remains a 

8 sanctuary for al Qaeda, the Afghan Taliban, and af9 filiated groups from which these groups organize ter10 rorist actions against Pakistan and other countries. 

11 SEC. 4. DECLARATION OF PRINCIPLES. 

12 Congress declares that the relationship between the 

13 United States and Pakistan should be based on the fol14 lowing principles: 

15 (1) Pakistan is an invaluable friend and ally to 

16 the United States, both in times of strife and in 

17 times of peace, and the 2 countries share many com18 mon goals, including combating terrorism and vio19 lent radicalism, solidifying democracy and rule of 

20 law in Pakistan, and promoting the social and mate21 rial well-being of the people of Pakistan. 

22 (2) The United States seeks a sustained, long23 term, multifaceted relationship with Pakistan based 

24 on friendship between the peoples of the 2 countries, 

25 the commitment to democracy and the rule of law, 


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1 and the mutual interests of stability, security, and 

2 prosperity. 

3 (3) It is critical for the United States to sup4 port Pakistan’s democratic government and 

5 strengthen its democratic institutions, including its 

6 parliament and the judicial system. 

7 (4) The United States supports Pakistan’s 

8 struggle against extremist elements and recognizes 

9 the profound sacrifice made by Pakistan in the fight 

10 against terrorism, including the loss of more than 

11 1,600 soldiers since 2001 in combat with al Qaeda, 

12 the Taliban, and other extremist and terrorist 

13 groups. 

14 (5) The United States intends— 

15 (A) to actively and consistently pursue a 

16 sustained, long-term, multifaceted relationship 

17 with Pakistan, devoted to strengthening the 

18 mutual security, stability, and prosperity of 

19 both countries; 

20 (B) to support the people of Pakistan and 

21 their democratic government in their efforts to 

22 consolidate democracy, expand good governance, 

23 and enhance the rule of law, through strength24 ening Pakistan’s parliament and in helping 


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1 Pakistan reestablish an independent and trans2 parent judicial system; 

3 (C) to promote long-term development 

4 projects, including healthcare, water manage5 ment, and energy programs, in all areas of 

6 Pakistan; 

7 (D) to encourage sustainable economic de8 velopment in Pakistan and the integration of 

9 Pakistan into the global economy in order to 

10 improve the living conditions of the people of 

11 Pakistan; 

12 (E) to work with the Government of Paki13 stan, particularly with provincial education au14 thorities, to improve Pakistan’s public school 

15 system, including by increasing access to sec16 ondary education and vocational training, and 

17 help to create an appropriate national cur18 riculum program that would apply to public, 

19 private, and religious schools; 

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

21 between the United States and Pakistan, 

22 through increased educational, technical, and 

23 cultural exchanges and other methods; 

24 (G) to redouble its efforts to work with the 

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1 priate means, in establishing a counterinsur2 gency and counterterrorism strategy to prevent 

3 any territory of Pakistan from being used as a 

4 base or conduit for terrorist attacks in Paki5 stan, Afghanistan, or elsewhere, and ensure 

6 that madrasas in Pakistan are not used to in7 cite terrorism; and 

8 (H) to ensure that Pakistan has strong 

9 and effective law enforcement and national de10 fense forces, under civilian leadership, with suf11 ficient and appropriate defense equipment and 

12 training to effectively defend Pakistan against 

13 internal and external threats. 

14 (6) Simultaneously, the United States expects 

15 Pakistan— 

16 (A) to ensure a transparent, mutually ben17 eficial, and trusting relationship with the 

18 United States which expands beyond the com19 mitment of the 2 countries to fighting ter20 rorism; 

21 (B) to maintain its commitment to and en22 sure the uninterrupted practice of democracy 

23 and democratic governance, including the devel24 opment of a strong parliament, an independent 

25 judicial system, and an extension of rule of law 


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1 to all areas of Pakistan, as committed to by the 

2 elected civilian government; 

3 (C) to promote the long-term development 

4 of Pakistan through investments in infrastruc5 ture, rural development, and other similar pro6 grams that are sustained and supported by 

7 each successive democratic government in Paki8 stan; 

9 (D) to ensure that the people of Pakistan, 

10 including those living in areas governed by the 

11 FCR, have access to public, modernized edu12 cation and vocational training to enable them to 

13 provide for themselves, for their families, and 

14 for a more prosperous future for their children, 

15 and establish increased government oversight of 

16 the education curriculum of madrasas, as cur17 rently mandated by Pakistani law, to include 

18 the closing of any madrasas found to have links 

19 to terrorism; 

20 (E) to ensure transparency and provide ef21 fective accountability of all United States as22 sistance and reimbursements provided to Paki23 stan; 

24 (F) to take steps to improve counterter25 rorism financing and anti-money laundering 


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1 laws to comply with international standards, to 

2 include applying for ‘‘Financial Action Task 

3 Force’’ observer status and adhering to the 

4 United Nations International Convention for 

5 the Suppression of the Financing of Terrorism; 

6 (G) to take all appropriate measures to 

7 adapt its Armed Forces to be able to conduct 

8 effective and sustained counterinsurgency and 

9 counterterrorism operations; 

10 (H) not to provide any support, direction, 

11 guidance to, or acquiescence in the activities of, 

12 any person or group that engages in any degree 

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

15 (I) to redouble its efforts to prevent the 

16 presence of the Taliban and Taliban-affiliated 

17 groups in Pakistan that support insurgents in 

18 Afghanistan; 

19 (J) not to support any person or group 

20 that conducts violence, sabotage, or other activi21 ties meant to instill fear or terror in India; and 

22 (K) to ensure access of United States in23 vestigators to individuals suspected of engaging 

24 in worldwide proliferation of nuclear materials, 

25 and restrict such individuals from travel or any 


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1 other activity that could result in further pro2 liferation. 

3 TITLE I—DEMOCRATIC, ECO4 NOMIC, AND SOCIAL DEVEL5 OPMENT ASSISTANCE FOR 

6 PAKISTAN 

7 SEC. 101. PURPOSES OF ASSISTANCE. 

8 The purposes of assistance under this title are— 

9 (1) to demonstrate unequivocally the long-term 

10 commitment of the United States to the people of 

11 Pakistan and Pakistan’s democratic institutions; 

12 (2) to support the consolidation of democracy, 

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

14 (3) to help build the capacity of law enforce15 ment forces in Pakistan to combat terrorism and ex16 peditiously investigate, arrest, and prosecute alleged 

17 criminals, consistent with the rule of law and due 

18 process; 

19 (4) to further the sustainable and effective eco20 nomic and social development of Pakistan and the 

21 improvement of the living conditions of the people of 

22 Pakistan, especially in areas of direct interest and 

23 importance to their daily lives; 


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1 (5) to strengthen regional ties between Pakistan 

2 and its neighbors by offering concrete nonmilitary 

3 assistance for issues of mutual concern; 

4 (6) to strengthen Pakistan’s public education 

5 system, increase literacy, expand opportunities for 

6 vocational training, and help create an appropriate 

7 national curriculum for all schools in Pakistan; 

8 (7) to expand people-to-people engagement be9 tween the United States and Pakistan, through in10 creased educational, technical, and cultural ex11 changes and other methods; and 

12 (8) to strengthen respect for internationally rec13 ognized human rights in efforts to stabilize the secu14 rity environment in Pakistan. 

15 SEC. 102. AUTHORIZATION OF ASSISTANCE. 

16 (a) IN GENERAL.—To carry out the purposes of sec17 tion 101, the President is authorized to provide assistance 

18 for Pakistan to support the activities described in sub19 section (b). 

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

21 supported by assistance under subsection (a) include the 

22 following: 

23 (1) FORTIFYING DEMOCRATIC INSTITUTIONS.— 

24 To support, notwithstanding any other provision of 

25 law, democratic institutions in Pakistan in order to 


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1 strengthen civilian rule and long-term stability, in2 cluding assistance such as— 

3 (A) support for efforts to strengthen the 

4 National Parliament of Pakistan, including— 

5 (i) assistance to parliamentary com6 mittees to enhance the capacity to conduct 

7 public hearings and oversee government 

8 activities, to solicit input on key public pol9 icy issues, and to oversee the conduct of 

10 elections; 

11 (ii) support for the establishment of 

12 constituency offices and otherwise promote 

13 the responsibility of members of par14 liament to respond to constituents; 

15 (iii) strengthening of the role of par16 liamentary leadership; and 

17 (iv) efforts to increase the use of in18 formation technology by members of par19 liament, in addition to newspapers and 

20 leaflets, as a means of communication in21 ternally and with constituents; 

22 (B) support for voter education and civil 

23 society training, including training with grass24 roots organizations to enhance the capacity of 


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1 the organizations to advocate for the develop2 ment of public policy; 

3 (C) support for political parties, including 

4 increasing their capacity and protecting their 

5 right to carry out political activities without re6 striction (other than reasonable administrative 

7 requirements commonly applied in democratic 

8 countries) and fostering the responsiveness of 

9 such parties to the needs of the people of Paki10 stan; 

11 (D) support for strengthening the capacity 

12 of the civilian Government of Pakistan to carry 

13 out its responsibilities, including supporting the 

14 establishment of frameworks that promote gov15 ernment transparency and criminalize corrup16 tion in both the government and private sector, 

17 audit offices, inspectors general offices, third 

18 party monitoring of government procurement 

19 processes, whistle blower protections, and anti20 corruption agencies; and 

21 (E) in particular, support for strength22 ening of governance programs in the FATA, in23 cluding— 

24 (i) programs to develop and promote 

25 political parties; 


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1 (ii) assistance to conduct voter edu2 cation and training of elected officials; and 

3 (iii) education in drafting legislation. 

4 (2) ENHANCEMENT AND STRENGTHENING OF

5 THE JUDICIAL SYSTEM AND LAW ENFORCEMENT.— 

6 To support, notwithstanding any other provision of 

7 law, Pakistan’s efforts to expand the rule of law and 

8 build the capacity, transparency, and trust in gov9 ernment institutions, at the national, provincial, and 

10 local levels, including assistance such as— 

11 (A) support for the rule of law and system12 atic improvement of judicial and criminal jus13 tice institutions, including— 

14 (i) management of courts; 

15 (ii) promotion of oral trials via train16 ing for the judicial sector; 

17 (iii) increase in the number of judges, 

18 courtrooms, and related facilities; 

19 (iv) professional training for judges; 

20 (v) establishment of a center in the 

21 Ministry of Justice for receipt of citizen 

22 complaints; and 

23 (vi) capacity building for public de24 fenders and prosecutors; 


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1 (B) support for professionalization of the 

2 police, including— 

3 (i) training regarding use of force; 

4 (ii) education and training regarding 

5 human rights; 

6 (iii) training regarding evidence pres7 ervation and chain of custody; and 

8 (iv) training regarding community po9 licing; 

10 (C) support for revising the FCR to extend 

11 the writ of national law to all areas in Pakistan, 

12 as committed to by the Government of Paki13 stan; and 

14 (D) support for independent law enforce15 ment agencies, such as the Intelligence Bureau 

16 of the Ministry of Interior, responsive to civilian 

17 control, including— 

18 (i) enhanced coordination with judicial 

19 processes; 

20 (ii) enhancement of forensics capabili21 ties; 

22 (iii) data collection and analyses; 

23 (iv) case tracking and management; 

24 (v) financial intelligence functions; 

25 and 


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1 (vi) maintenance of data systems to 

2 track terrorist or criminal activity. 

3 (3) SUPPORT FOR BROAD-BASED AND SUSTAIN4 ABLE ECONOMIC DEVELOPMENT.—To support eco5 nomic development in Pakistan by— 

6 (A) promoting energy sector reform and 

7 development; 

8 (B) enhancing commercial supply and dis9 tribution networks; 

10 (C) increasing employment opportunities, 

11 including support to small and medium enter12 prises, microfinance and microenterprise activi13 ties, and in particular programs to improve the 

14 lives of Pakistani women and girls; 

15 (D) increasing investment in infrastruc16 ture, including construction of roads, water re17 source management systems, and irrigation 

18 channels; and 

19 (E) expanding assistance for agricultural 

20 and rural development. 

21 (4) SUPPORT TO INCREASE LOCAL CAPACITY.— 

22 To increase the capacity and improve the sustain23 ability of Pakistani national, provincial, and local 

24 governmental and nongovernmental institutions, in25 cluding assistance to— 


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1 (A) increase and improve the capacity of 

2 Pakistani national, provincial, and local govern3 mental institutions by— 

4 (i) providing technical assistance to all 

5 Pakistani ministries to improve trans6 parency and ability to respond to the needs 

7 of the people of Pakistan; 

8 (ii) promoting the implementation of 

9 fiscal and personnel management, includ10 ing revenue tracking and expenditure sys11 tems; 

12 (iii) assisting in developing ministry13 wide recruitment systems; 

14 (iv) creating or improving databases 

15 and other human resource information sys16 tems; 

17 (v) providing training and technical 

18 assistance to the Ministry of Finance to 

19 better account for funding implemented by 

20 the Government of Pakistan; and 

21 (vi) providing technical assistance to 

22 train provincial and local governmental 

23 personnel; and 

24 (B) enhance the capacity of Pakistani non25 governmental and civil society organizations to 


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1 respond to the needs of the people of Pakistan 

2 by— 

3 (i) increasing support for local non4 governmental organizations with dem5 onstrated experience in delivering services 

6 to the people of Pakistan, particularly to 

7 women, children, and other vulnerable pop8 ulations in Pakistan; 

9 (ii) providing training and education 

10 to local nongovernmental and civil society 

11 organizations on ways to identify and im12 prove the delivery of services to the people 

13 of Pakistan; and 

14 (iii) promoting local ownership and 

15 participation, including encouraging com16 munities to contribute a percentage of the 

17 value of United States projects or activities 

18 carried out under this title in the form of 

19 labor, in-kind materials, or other provi20 sions. 

21 (5) SUPPORT FOR PUBLIC EDUCATION SYS22 TEM.—To support Pakistan’s public education sys23 tem, including— 

24 (A) implementation of a national education 

25 strategy, to include both primary and secondary 


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1 education, focused on literacy and civic edu2 cation, including— 

3 (i) programs to assist development of 

4 modern, nationwide school curriculums for 

5 public, private, and religious schools that 

6 incorporate relevant subjects, such as 

7 math, science, literature, and human rights 

8 awareness, in addition to agricultural edu9 cation and training; 

10 (ii) enhancement of civic education 

11 programs focused on political participation, 

12 democratic institutions, and tolerance of 

13 diverse ethnic and religious groups; and 

14 (iii) support for the proper oversight 

15 of all educational institutions, including 

16 madrasas, as required by Pakistani law, in17 cluding registration with the Ministry of 

18 Education and regular monitoring of cur19 riculum by the Ministry of Education to 

20 ensure students in Pakistan receive a com21 prehensive education; 

22 (B) initiatives to enhance the access to 

23 education for women and girls, and to increase 

24 women’s literacy; 


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1 (C) funding to the Government of Pakistan 

2 to use to increase immediately teacher salaries 

3 and to recruit and train teachers and adminis4 trators, as well as develop formalized salary 

5 scales with merit-based pay increases; 

6 (D) establishment of vocational and tech7 nical programs to enhance employment opportu8 nities; 

9 (E) encouragement of United States and 

10 Pakistani public-private partnerships to in11 crease investment in higher education and tech12 nical training opportunities; 

13 (F) construction and maintenance of public 

14 schools, including water sanitation, perimeter 

15 walls, and recreation areas; 

16 (G) provision of textbooks and other learn17 ing materials and food assistance for student 

18 meals; and 

19 (H) provision of software to educational in20 stitutions and students at the lowest possible 

21 cost, specifically targeting universities that spe22 cialize in information technology, and women’s 

23 colleges and women’s secondary schools. 

24 (6) SUPPORT FOR HUMAN RIGHTS.—To pro25 mote respect for and compliance with internationally 


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1 recognized human rights, including assistance such 

2 as— 

3 (A) support for the establishment of a pro4 fessional and independent National Human 

5 Rights Commission; 

6 (B) promotion of education regarding 

7 internationally recognized human rights; 

8 (C) programs designed to end traditional 

9 practices and punishments that are inconsistent 

10 with internationally recognized human rights 

11 norms and protections, such as honor killings 

12 and other forms of cruel and unusual punish13 ments; 

14 (D) promotion of freedom of religion and 

15 religious tolerance, protection of religious mi16 norities, and promotion of freedom of expres17 sion and association, including support for re18 sponsible independent media; 

19 (E) promotion of nongovernmental organi20 zations that focus on the protection of women 

21 and girls, including women-led organizations 

22 and programs that support the participation of 

23 women in the national, provincial, and local po24 litical process, and programs to end violence 

25 against women, including rape; 


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1 (F) technical, legal, and law enforcement 

2 assistance for the investigation of past dis3 appearances of individuals in Pakistan and the 

4 development of a national data base of such in5 dividuals; 

6 (G) programs in support and protection of 

7 the rights of ethnic minorities in Pakistan, in8 cluding Baluchis, Sindhis, and Pashtuns, to 

9 preserve their language, culture, traditional 

10 areas of inhabitancy, and to fight any direct or 

11 indirect discrimination; and 

12 (H) programs to strengthen civil society 

13 organizations that promote internationally rec14 ognized human rights, including religious free15 dom, freedom of expression, and freedom of as16 sociation, and that support human rights moni17 toring. 

18 (7) SUPPORT FOR REFUGEES AND INTERNALLY

19 DISPLACED PERSONS.—It is the sense of Congress 

20 that— 

21 (A) counterinsurgency operations being 

22 carried out by the Government of Pakistan 

23 should be designed to minimize the impact on 

24 the people of Pakistan and to provide security 


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1 for the delivery of humanitarian assistance to 

2 the affected civilian population; 

3 (B) the United States should continue to 

4 provide robust assistance to the people of Paki5 stan who have been displaced as a result of on6 going conflict and violence; 

7 (C) the United States should support 

8 international efforts to coordinate assistance to 

9 refugees and internally displaced persons in 

10 Pakistan, including by providing support to 

11 international and nongovernmental organiza12 tions for this purpose; 

13 (D) the Administrator of the United States 

14 Agency for International Development should 

15 support the development objectives of the Ref16 ugee Affected and Host Areas (RAHA) Initia17 tive in Pakistan to address livelihoods, heath, 

18 education, infrastructure development, and en19 vironmental restoration in identified parts of 

20 the county where Afghan refugees have lived; 

21 and 

22 (E) the Administrator of the United States 

23 Agency for International Development should 

24 evaluate the effectiveness of the livelihoods 

25 projects in the FATA in order to determine 


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1 whether systems need to be put into place to 

2 improve programming in this key sector. 

3 (8) SUPPORT FOR HEALTHCARE EFFORTS.—To 

4 provide urgently needed healthcare assistance to the 

5 people of Pakistan, including assistance to supple6 ment the Government of Pakistan’s efforts to elimi7 nate diseases, including hepatitis. 

8 (9) SUPPORT FOR PUBLIC DIPLOMACY EF9 FORTS.—To increase and improve existing programs 

10 to expose the people of Pakistan to the United 

11 States, including through the following: 

12 (A) Expanded exchange activities under 

13 the Fulbright Program, the International Vis14 itor Leadership Program, and related programs 

15 administered by the Department of State. 

16 (B) Contributions toward the establish17 ment of cultural centers that can facilitate edu18 cational and cultural exchange and deeper un19 derstanding of Western social democracy. The 

20 centers shall be operated with Pakistani part21 ners and overseen by United States staff 

22 present on-site. 

23 (C) Expansion of sister institution pro24 grams between United States and Pakistani 

25 schools and universities, towns and cities, and 


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1 other organizations in such fields as medicine 

2 and healthcare, business management, environ3 mental protection, information technology, and 

4 agriculture. 

5 (D) Additional scholarships to enable stu6 dents to study in the United States. 

7 SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN. 

8 To the extent that Pakistan continues to evolve to9 ward civilian control of the government and to develop and 

10 implement comprehensive economic reform programs, the 

11 President should do the following: 

12 (1) MULTILATERAL SUPPORT.—Take the lead 

13 in mobilizing international financial institutions, in 

14 particular the International Monetary Fund and af15 filiated institutions in the World Bank group, to pro16 vide timely and appropriate resources to help Paki17 stan. 

18 (2) STABILIZATION ASSISTANCE.—In conjunc19 tion with other governments and international finan20 cial institutions (including the International Mone21 tary Fund), support the implementation of a plan of 

22 the Government of Pakistan to attack structural 

23 economic problems, address pressing social problems, 

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1 lieve immediate and urgent balance of payments re2 quirements in Pakistan. 

3 (3) CURRENCY STABILIZATION LOANS.—Pro4 vide leadership in supporting multilateral agree5 ments to provide government-to-government loans 

6 for currency stabilization in Pakistan if the loans 

7 can reduce inflation and thereby foster conditions 

8 necessary for the effective implementation of eco9 nomic reforms. 

10 SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND. 

11 (a) ESTABLISHMENT OF FUND.—There is estab12 lished in the Treasury of the United States a fund to be 

13 known as the ‘‘Pakistan Democracy and Prosperity Fund’’ 

14 (hereinafter in this section referred to as the ‘‘Fund’’), 

15 consisting of such amounts as may be appropriated or 

16 transferred to the Fund as provided in this section. 

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

18 of the following: 

19 (1) Amounts appropriated to carry out this 

20 title. 

21 (2) Amounts appropriated on or after the date 

22 of the enactment of this Act for ‘‘Development As23 sistance’’, ‘‘Global Health and Child Survival’’, and 

24 the ‘‘Economic Support Fund’’ for assistance for 

25 Pakistan under the Foreign Assistance Act of 1961 


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1 (22 U.S.C. 2151 et seq.) that, notwithstanding any 

2 other provision of law, are transferred by the Presi3 dent to the Fund. 

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

5 advance in appropriations Acts, amounts accepted by 

6 the President under subsection (c) that, notwith7 standing any other provision of law, are transferred 

8 by the President to the Fund. 

9 (c) ACCEPTANCE OF AMOUNTS FROM OUTSIDE

10 SOURCES.—The President may accept funds from non11 United States Government sources, including foreign gov12 ernments, nongovernmental organizations, private busi13 ness entities, and private individuals, for purposes of car14 rying out this title. 

15 (d) STATUS OF AVAILABILITY OF AMOUNTS IN

16 FUND.—Amounts transferred to the Fund under sub17 section (b) (2) and (3) shall be merged with and shall be 

18 available for any purpose for which any of the amounts 

19 so transferred are available. 

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

21 appropriate congressional committees not later than 180 

22 days after the date of the enactment of this Act, and every 

23 180 days thereafter until September 30, 2019, a report 

24 on programs, projects, and activities carried out using 

25 amounts obligated and expended from the Fund. 


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1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the President to carry out this title 

4 $1,500,000,000 for each of the fiscal years 2009 through 

5 2013. 

6 (b) AVAILABILITY.—Amounts authorized to be appro7 priated to carry out this title for a fiscal year are— 

8 (1) authorized to remain available until Sep9 tember 30 of the succeeding fiscal year; and 

10 (2) in addition to amounts otherwise available 

11 for such purposes. 

12 (c) SENSE OF THE CONGRESS.—It is the sense of 

13 Congress that United States assistance provided under 

14 this title should be made available on a proportional and 

15 equitable basis between the FATA and other regions of 

16 Pakistan. 

17 TITLE II—SECURITY 

18 ASSISTANCE FOR PAKISTAN 

19 SEC. 201. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) United States security assistance for Paki22 stan should be used to improve relationships between 

23 United States military and Pakistani military per24 sonnel, including outreach to the ‘‘lost generation’’ 

25 of Pakistan’s officers who did not attend United 

26 States-sponsored training as a result of restrictions 


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•HR 1886 IH

1 placed on United States assistance for Pakistan fol2 lowing Pakistan’s detonation of a nuclear device; 

3 and 

4 (2) United States security assistance for Paki5 stan should be fully accountable, should be contin6 gent on Pakistan ending support for terrorist 

7 groups, and should meet the national security needs 

8 of Pakistan. 

9 SEC. 202. PURPOSES OF ASSISTANCE. 

10 The purposes of assistance under this title are— 

11 (1) to support Pakistan’s paramount national 

12 security need to fight and win the ongoing counter13 insurgency within its borders; 

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

15 protect and secure Pakistan’s borders and prevent 

16 any Pakistani territory from being used as a base or 

17 conduit for terrorist attacks in Pakistan, Afghani18 stan, or elsewhere; 

19 (3) to work in close cooperation with the Gov20 ernment of Pakistan to coordinate military action 

21 against terrorist targets; and 

22 (4) to develop knowledge of and appreciation 

23 for democratic governance and a military that is 

24 controlled by and responsible to democratically elect25 ed civilian leadership. 


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1 SEC. 203. AUTHORIZATION OF ASSISTANCE. 

2 (a) INTERNATIONAL MILITARY EDUCATION AND

3 TRAINING.— 

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

5 to be appropriated to carry out this title for a fiscal 

6 year, not less than $4,000,000 is authorized be 

7 made available for assistance under chapter 5 of 

8 part II of the Foreign Assistance Act of 1961 (22 

9 U.S.C. 2347 et seq.; relating to international mili10 tary education and training) for Pakistan, including 

11 expanded international military education and train12 ing (commonly known as ‘‘E–IMET’’). 

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

14 of the amount authorized to be made available under 

15 this subsection for a fiscal year is authorized to be 

16 used to pay for courses of study and training in 

17 counterinsurgency and civil-military relations. 

18 (b) FOREIGN MILITARY FINANCING PROGRAM.— 

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

20 to be appropriated to carry out this title for a fiscal 

21 year, not less than $500,000,000 is authorized to be 

22 made available for grant assistance under section 23 

23 of the Arms Export Control Act (22 U.S.C. 2763; 

24 relating to the Foreign Military Financing program) 

25 for the purchase of defense articles, defense services, 

26 and military education and training for Pakistan. 


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

2 of the amount authorized to be made available under 

3 this subsection for a fiscal year is authorized to be 

4 used for the purchase of defense articles, defense 

5 services, and military education and training for ac6 tivities relating to counterinsurgency and counterter7 rorism operations in Pakistan. Such articles, serv8 ices, and military education and training may in9 clude the following: 

10 (A) Aviation maintenance and logistics 

11 support for United States-origin and United 

12 States-supported rotary wing aircraft and up13 grades to such aircraft to include modern night 

14 vision and targeting capabilities. 

15 (B) Intelligence, surveillance, and recon16 naissance (ISR) ground and air manned and 

17 unmanned platforms, including sustainment. 

18 (C) Command and control capabilities. 

19 (D) Force protection and counter impro20 vised explosive device capabilities, including pro21 tection of vehicles. 

22 (E) Protective equipment, such as body 

23 armor and helmets, night vision goggles, and 

24 other individual equipment, including load-bear25 ing equipment, individual and unit level first 


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•HR 1886 IH

1 aid equipment, ballistic eye protection, and cold 

2 weather equipment. 

3 (F) Appropriate individual and unit level 

4 medical services and articles for the Pakistan 

5 Army and Pakistan Frontier Corps. 

6 (G) Assistance to enable the Pakistani 

7 military to distribute humanitarian assistance 

8 and establish a tactical civil-military operations 

9 capability, including a civil affairs directorate. 

10 (3) RESTRICTION RELATING TO F–16 PRO11 GRAM.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), and subject to subparagraph 

14 (C), amounts authorized to be made available 

15 under this subsection for a fiscal year may not 

16 be used for the purchase of, or upgrade to, F– 

17 16 fighter aircraft or munitions for such air18 craft. 

19 (B) EXCEPTIONS.—Not more than 

20 $142,000,000 of the amount authorized to be 

21 made available under this subsection for fiscal 

22 year 2009 is authorized to be used for upgrade 

23 to F–16 fighter aircraft pursuant to letters of 

24 agreement signed between the United States 

25 and Pakistan in 2006. Amounts authorized to 


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•HR 1886 IH

1 be made available under this subsection for a 

2 fiscal year are authorized to be used for mili3 tary construction pursuant to the security plan 

4 signed between the United States and Pakistan 

5 in 2006. 

6 (C) WAIVER.—The President may waive 

7 the restriction under subparagraph (A) with re8 spect to amounts authorized to be made avail9 able under this subsection for a fiscal year, 

10 other than amounts authorized to be made 

11 available under paragraph (2) of this sub12 section, if the President certifies to the appro13 priate congressional committees not later than 

14 15 days prior to exercising the authority of this 

15 subparagraph that the waiver is vital to the na16 tional security interests of the United States. 

17 (4) SECURITY ASSISTANCE PLAN.—Not later 

18 than 90 days after the date of the enactment of this 

19 Act, the President shall transmit to the appropriate 

20 congressional committees a plan for the proposed 

21 use of amounts authorized to be made available 

22 under this subsection for each of the fiscal years 

23 2009 through 2013. 

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

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


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•HR 1886 IH

1 education and training’’ have the meaning given 

2 such terms in section 644 of the Foreign Assistance 

3 Act of 1961 (22 U.S.C. 2403). 

4 (c) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States should facilitate Pakistan’s 

6 establishment of a program to enable the Pakistani mili7 tary to provide reconstruction assistance in areas damaged 

8 by combat operations. 

9 SEC. 204. DRAWDOWN AUTHORITY. 

10 (a) IN GENERAL.—The President is authorized to di11 rect the drawdown of defense articles from the stocks of 

12 the Department of Defense, defense services of the De13 partment of Defense, and military education and training 

14 for the purpose of providing such articles, services, and 

15 military education and training to the Government of 

16 Pakistan. The aggregate value of assistance provided 

17 under this subsection may not exceed $20,000,000 for any 

18 fiscal year. 

19 (b) PRIOR NOTIFICATION.—The President may exer20 cise the authority of subsection (a) only if— 

21 (1) the President determines and notifies Con22 gress in accordance with section 652 of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2411) that it is 

24 important to the national security interests of the 

25 United States; and 


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1 (2) the President notifies the appropriate con2 gressional committees at least 15 days in advance of 

3 the exercise of such authority in accordance with the 

4 procedures applicable to reprogramming notifications 

5 under section 634A of the Foreign Assistance Act 

6 (22 U.S.C. 2394–1). 

7 (c) INFORMATION AND REPORTS.—The President 

8 shall keep the appropriate congressional committees fully 

9 and currently informed of all defense articles, defense 

10 services, and military education and training provided 

11 under subsection (a), including providing the appropriate 

12 congressional committees with a report that describes the 

13 articles, services, and military education and training upon 

14 delivery of the articles or upon completion of the services 

15 or education and training (as the case may be). 

16 (d) RELATION TO OTHER AUTHORITIES.—The au17 thority provided by this section is in addition to any other 

18 drawdown authority under the Foreign Assistance Act of 

19 1961 (22 U.S.C. 2151 et seq.). 

20 (e) DEFINITIONS.—In this section, the terms ‘‘de21 fense articles’’, ‘‘defense services’’, ‘‘military education 

22 and training’’, and ‘‘value’’ have the meaning given such 

23 terms in section 644 of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2403). 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the President such 

3 sums as may be necessary for each of the fiscal years 2009 

4 through 2013 to reimburse the applicable appropriation, 

5 fund, or account for defense articles, defense services, and 

6 military education and training provided under subsection 

7 (a). 

8 SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND 

9 CIVILIAN PERSONNEL OF PAKISTAN AND 

10 CERTAIN OTHER COUNTRIES. 

11 (a) IN GENERAL.—The Secretary of State is author12 ized to establish an exchange program between military 

13 and civilian personnel of Pakistan and military and civil14 ian personnel of countries determined by the Secretary of 

15 State to be in transition to democracy and military and 

16 civilian personnel of North Atlantic Treaty Organization 

17 member countries, in order to foster greater respect for 

18 and understanding of the principle of civilian rule of Paki19 stan’s military. The program established under this sub20 section shall be known as the ‘‘Pakistan Military Transi21 tion Program’’. 

22 (b) ELEMENTS OF PROGRAM.—The program author23 ized under subsection (a) may include— 

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

25 (2) distribution of publications; and 


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•HR 1886 IH

1 (3) reimbursement of expenses of foreign mili2 tary personnel participating in the program, includ3 ing transportation expenses, translation services ex4 penses, and administrative expenses relating to the 

5 program. 

6 (c) ROLE OF NONGOVERNMENTAL ORGANIZA7 TIONS.—Amounts authorized to be appropriated to carry 

8 out this title for a fiscal year are authorized to be made 

9 available for nongovernmental organizations to facilitate 

10 the implementation of the program authorized under sub11 section (a). 

12 SEC. 206. LIMITATION ON UNITED STATES MILITARY AS13 SISTANCE TO PAKISTAN. 

14 (a) PROHIBITION ON USE OF FUNDS.—No military 

15 assistance to Pakistan for a fiscal year may be obligated 

16 or expended if the President has not made the determina17 tions described in subsection (c) for such fiscal year, or 

18 if a joint resolution described in subsection (f) dis19 approving any such determination is enacted into law. 

20 (b) EXCEPTION.—Notwithstanding subsection (a), 

21 the President may provide military assistance to Pakistan 

22 for purposes of enhancing the ability of the Pakistan 

23 Frontier Corps to conduct counterterrorism operations 

24 along the border between Pakistan and Afghanistan. 


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1 (c) DETERMINATIONS REGARDING ENHANCED CO2 OPERATION BETWEEN THE UNITED STATES AND PAKI3 STAN.—The determinations referred to in subsection (a) 

4 are— 

5 (1) a determination by the President within 180 

6 days of enactment of this Act and at the beginning 

7 of each fiscal year thereinafter that the Government 

8 of Pakistan is continuing to cooperate with the 

9 United States in efforts to dismantle supplier net10 works relating to the acquisition of nuclear weapons11 related materials, including, as necessary, providing 

12 access to Pakistani nationals associated with such 

13 networks; and 

14 (2) a determination by the President at the be15 ginning of each fiscal year that the Government of 

16 Pakistan during the preceding fiscal year has dem17 onstrated a sustained commitment to and made 

18 progress towards combating terrorist groups, includ19 ing taking into account the progress the Government 

20 of Pakistan has made with regard to— 

21 (A) ceasing support, including by any ele22 ments within the Pakistan military or its intel23 ligence agency, to extremist and terrorist 

24 groups, particularly to any group that has con25 ducted attacks against United States or coaliVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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1 tion forces in Afghanistan, including Afghani2 stan National Security Forces, or against the 

3 territory of India or the people of India; 

4 (B) closing terrorist camps in the FATA, 

5 dismantling terrorist bases of operations in 

6 other parts of the country, including Quetta 

7 and Muridke, and taking action when provided 

8 with intelligence about high-level terrorist tar9 gets; 

10 (C) preventing cross border attacks into 

11 neighboring countries; and 

12 (D) strengthening counter-terrorism and 

13 anti-money laundering laws. 

14 (d) WAIVER.—The President may waive the restric15 tion under subsection (a) for any fiscal year if the Presi16 dent certifies to the appropriate congressional committees 

17 15 days before the President exercises the authority of this 

18 subsection that the provision of military assistance to 

19 Pakistan is vital to the national security interest of the 

20 United States. 

21 (e) CONSULTATION AND WRITTEN JUSTIFICATION.— 

22 Not later than 5 days prior to making a determination 

23 described in subsection (c), the President shall consult 

24 with the appropriate congressional committees and, upon 

25 making such determination, shall submit to the approVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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•HR 1886 IH

1 priate congressional committees a written justification 

2 that specifies the basis upon which the President made 

3 such a determination. The justification shall be unclassi4 fied but may include a classified annex. 

5 (f) JOINT RESOLUTION DISAPPROVING PRESI6 DENTIAL DETERMINATION.— 

7 (1) CONTENTS OF RESOLUTION.—For purposes 

8 of this subsection, a joint resolution referred to in 

9 subsection (a) is a joint resolution of the two Houses 

10 of Congress, which does not contain a preamble, and 

11 the sole matter after the resolving clause of which is 

12 as follows: ‘‘that the Congress disapproves the deter13 mination of the President transmitted to the Con14 gress on lllll’’ with the date of the deter15 mination described in subsection (c) filled in. 

16 (2) INTRODUCTION OF RESOLUTION.— 

17 (A) IN GENERAL.—A joint resolution de18 scribed in paragraph (1) may be introduced at 

19 any time during the 90-day period beginning on 

20 the date on which the President transmits to 

21 Congress a determination or determinations de22 scribed in subsection (c) in accordance with an 

23 applicable date described in such subsection. 

24 During the first 30 days of the 90-day period 

25 specified in the preceding sentence, a joint resoVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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1 lution will be considered to be a joint resolution 

2 described in paragraph (1) only if it is intro3 duced in the House of Representatives by the 

4 majority leader or minority leader of the House 

5 or introduced in the Senate by the majority 

6 leader or minority leader of the Senate. Only 

7 the first resolution introduced in accordance 

8 with this subparagraph with respect to a par9 ticular determination shall be considered to be 

10 a joint resolution described in paragraph (1). 

11 (B) LIMITATION.—After a committee re12 ports, or is discharged from further consider13 ation of, a joint resolution disapproving a deter14 mination or determinations described in sub15 section (c) for an applicable deadline described 

16 in such subsection it shall not be in order to 

17 move to proceed to the consideration of another 

18 joint resolution disapproving such determination 

19 or determinations in either House. 

20 (3) REFERRAL TO COMMITTEES.—A joint reso21 lution described in paragraph (1) introduced in the 

22 House of Representatives shall be referred to the 

23 Committee on Foreign Affairs and a joint resolution 

24 described in paragraph (1) introduced in the Senate 


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•HR 1886 IH

1 shall be referred to the Committee on Foreign Rela2 tions. 

3 (4) DISCHARGE OF COMMITTEES.—If the com4 mittee of either House to which a joint resolution 

5 described in paragraph (1) has been referred has not 

6 reported such joint resolution at the end of 10 cal7 endar days (excluding Saturdays, Sundays, or legal 

8 holidays, except when the relevant House is in ses9 sion on such a day) after its introduction, such com10 mittee shall be discharged from further consider11 ation of such joint resolution, and such joint resolu12 tion shall be placed on the appropriate calendar of 

13 the relevant House. 

14 (5) FLOOR CONSIDERATION IN THE HOUSE OF

15 REPRESENTATIVES AND SENATE-.— 

16 (A) IN GENERAL.—On or after the third 

17 calendar day (excluding Saturdays, Sundays, or 

18 legal holidays, except when the relevant House 

19 is in session on such a day) after the date on 

20 which the committee to which a joint resolution 

21 described in paragraph (1) is referred has re22 ported, or has been discharged from further 

23 consideration of, such a joint resolution, it shall 

24 be in order for any Member of the relevant 

25 House to move to proceed to the consideration 


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•HR 1886 IH

1 of the joint resolution. A Member of the rel2 evant House may make the motion only on the 

3 day after the calendar day on which the Mem4 ber announces to the relevant House the Mem5 ber’s intention to do so. Such motion shall be 

6 privileged and shall not be debatable. The mo7 tion shall not be subject to amendment or to a 

8 motion to postpone. A motion to reconsider the 

9 vote by which the motion is agreed to shall not 

10 be in order. If a motion to proceed to the con11 sideration of the joint resolution is agreed to, 

12 the relevant House shall immediately proceed to 

13 consideration of the joint resolution which shall 

14 remain the unfinished business until disposed 

15 of. 

16 (B) DEBATE.—Debate on a joint resolu17 tion described in paragraph (1) and on all de18 batable motions and appeals in connection 

19 therewith, shall be limited to not more than 36 

20 hours in the House of Representatives and not 

21 more than 50 hours in the Senate, which shall 

22 be divided equally between those favoring and 

23 those opposing the joint resolution. An amend24 ment to the joint resolution shall not be in 

25 order. A motion to further limit debate shall be 


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•HR 1886 IH

1 in order and shall not be debatable. A motion 

2 to table, a motion to postpone, or a motion to 

3 recommit the joint resolution shall not be in 

4 order. A motion to reconsider the vote by which 

5 the joint resolution is agreed to or disagreed to 

6 shall not be in order. 

7 (C) APPEALS.—Appeals from the decisions 

8 of the Chair to the procedure relating to a joint 

9 resolution described in paragraph (1) shall be 

10 decided without debate. 

11 (6) CONSIDERATION BY THE OTHER HOUSE.— 

12 If, before the passage by one House of a joint reso13 lution described in paragraph (1) of that House dis14 approving a determination or determinations de15 scribed in subsection (c) for an applicable deadline 

16 described in such subsection, that House receives a 

17 joint resolution described in paragraph (1) from the 

18 other House disapproving the same determination or 

19 determinations, then the following procedures shall 

20 apply: 

21 (A) The joint resolution of the other House 

22 shall not be referred to a committee and may 

23 not be considered in the House receiving it ex24 cept in the case of final passage as provided in 

25 subparagraph (B)(ii). 


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1 (B) With respect to a joint resolution of 

2 the House receiving the joint resolution— 

3 (i) the procedure in that House shall 

4 be the same as if no joint resolution had 

5 been received from the other House; but 

6 (ii) the vote on final passage shall be 

7 on the joint resolution of the other House. 

8 (C) Upon disposition of the joint resolution 

9 received from the other House, it shall no 

10 longer be in order to consider the joint resolu11 tion that originated in the receiving House. 

12 (7) RULES OF HOUSE OF REPRESENTATIVES

13 AND SENATE.—This section is enacted by Con14 gress— 

15 (A) as an exercise of the rulemaking power 

16 of the House of Representatives and the Sen17 ate, respectively, and as such is deemed a part 

18 of the rules of each House, respectively, and 

19 such procedures supersede other rules only to 

20 the extent that they are inconsistent with such 

21 other rules; and 

22 (B) with the full recognition of the con23 stitutional right of either House to change the 

24 rules (so far as relating to the procedures of 

25 that House) at any time, in the same manner, 


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•HR 1886 IH

1 and to the same extent as any other rule of that 

2 House. 

3 (g) DEFINITIONS.—For purposes of this section— 

4 (1) the term ‘‘appropriate congressional com5 mittees’’ means the Committees on Foreign Affairs 

6 and Armed Services of the House of Representatives 

7 and the Committees on Foreign Relations and 

8 Armed Services of the Senate; and 

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

10 (A) assistance authorized under section 23 

11 of the Arms Export Control Act (22 U.S.C. 

12 2763; relating to the Foreign Military Financ13 ing program), including assistance authorized 

14 under section 203(b) of this Act, assistance au15 thorized under section 204 of this Act, and as16 sistance authorized under part II of the For17 eign Assistance Act of 1961 (22 U.S.C. 2301 et 

18 seq.), other than assistance authorized under 

19 chapter 5 of part II of such Act (22 U.S.C. 

20 2347 et seq.); and 

21 (B) assistance authorized under any other 

22 provision of law that is similar to assistance de23 scribed in subparagraph (A). 


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•HR 1886 IH

1 SEC. 207. ROLE OF SECRETARY OF STATE. 

2 Amounts authorized to be appropriated to carry out 

3 this title or any other provision of law that authorizes mili4 tary assistance for Pakistan for the purposes of counter5 insurgency or counterterrorism may be made available 

6 only with the concurrence of the Secretary of State. 

7 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated to the President to carry out this title, other than 

10 section 204, $600,000,000 for each of the fiscal years 

11 2009 through 2013. 

12 (b) RELATION TO OTHER AVAILABLE FUNDS.— 

13 Amounts authorized to be appropriated to carry out this 

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

15 available for such purposes. 

16 TITLE III—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 301. REGIONAL SECURITY STRATEGY. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that conditions in Pakistan will only be improved 

21 through regional coordination and cooperation, and long22 term security in Pakistan depends on strengthening re23 gional relationships among India, Pakistan, and Afghani24 stan. 

25 (b) REGIONAL SECURITY STRATEGY.—The President 

26 shall develop a regional security strategy to work with the 


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•HR 1886 IH

1 Government of Pakistan and other relevant governments 

2 and organizations in the region and elsewhere to best im3 plement effective counterinsurgency and counterterrorism 

4 efforts in and near the border areas of Pakistan and Af5 ghanistan, including the FATA, NWFP, and parts of 

6 Balochistan. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than 90 days after 

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

10 shall transmit to the appropriate congressional com11 mittees a report on the regional security strategy re12 quired under subsection (b). 

13 (2) CONTENTS.—The report shall include a 

14 copy of the regional security strategy, including 

15 specification of goals, and proposed timelines and 

16 budgets for implementation of the strategy. 

17 SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) IMPACT EVALUATION RESEARCH.—The 

20 term ‘‘impact evaluation research’’ means the appli21 cation of research methods and statistical analysis to 

22 measure the extent to which change in a population23 based outcome can be attributed to program inter24 vention instead of other environmental factors. 


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•HR 1886 IH

1 (2) OPERATIONS RESEARCH.—The term ‘‘oper2 ations research’’ means the application of social 

3 science research methods, statistical analysis, and 

4 other appropriate scientific methods to judge, com5 pare, and improve policies and program outcomes, 

6 from the earliest stages of defining and designing 

7 programs through their development and implemen8 tation, with the objective of the rapid dissemination 

9 of conclusions and concrete impact on programming. 

10 (3) PROGRAM MONITORING.—The term ‘‘pro11 gram monitoring’’ means the collection, analysis, 

12 and use of routine program data to determine how 

13 well a program is carried out and how much the pro14 gram costs. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) to successfully enhance democracy and the 

18 rule of law in Pakistan, defeat extremist elements, 

19 and ensure the protection of human rights, the 

20 President should establish a program to conduct im21 pact evaluation research, operations research, and 

22 program monitoring to ensure effectiveness of assist23 ance provided under title I of this Act; 

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

25 problems depend on increasing the effectiveness and 


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•HR 1886 IH

1 responsiveness of civilian institutions in Pakistan, 

2 including the parliament and judicial system; 

3 (3) a specific program of impact evaluation re4 search, operations research, and program moni5 toring, established at the inception of the program, 

6 is required to permit assessment of the operational 

7 effectiveness of impact of United States assistance 

8 towards these goals; and 

9 (4) the President, in developing performance 

10 measurement methods under the impact evaluation 

11 research, operations research, and program moni12 toring, should consult with the appropriate congres13 sional committees as well as the Government of 

14 Pakistan. 

15 (c) IMPACT EVALUATION RESEARCH, OPERATION

16 RESEARCH AND PROGRAM MONITORING OF ASSIST17 ANCE.—The President shall establish and implement a 

18 program to assess the effectiveness of assistance provided 

19 under title I of this Act through impact evaluation re20 search on a selected set of programmatic interventions, op21 erations research in areas to ensure efficiency and effec22 tiveness of program implementation, and monitoring to 

23 ensure timely and transparent delivery of assistance. 

24 (d) REQUIREMENTS.—The program required under 

25 subsection (c) shall include— 


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•HR 1886 IH

1 (1) a delineation of key impact evaluation re2 search and operations research questions for main 

3 components of assistance provided under title I of 

4 this Act; 

5 (2) an identification of measurable performance 

6 goals for each of the main components of assistance 

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

8 an objective and quantifiable form at the inception 

9 of the program; 

10 (3) the use of appropriate methods, based on 

11 rigorous social science tools, to measure program im12 pact and operational efficiency; and 

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

14 developing recommendations for adjustments to the 

15 assistance to enhance the impact of the assistance. 

16 (e) ASSISTANCE TO ENHANCE THE CAPACITY OF

17 PAKISTAN.—In carrying out the program required under 

18 subsection (c), the President is authorized to provide as19 sistance to enhance the capacity of the Government of 

20 Pakistan to monitor and evaluate programs carried out 

21 by the national, provincial, and local governments in Paki22 stan in order to maximize the long-term sustainable devel23 opment impact of such programs. 

24 (f) CONSULTATION WITH CONGRESS.—Not later 

25 than 120 days after the date of the enactment of this Act, 


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1 the President shall brief and consult with the appropriate 

2 congressional committees regarding the progress in estab3 lishing and implementing the program required under sub4 section (c). 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amounts authorized to be appropriated under section 105 

7 for each of the fiscal years 2009 through 2013, up to 5 

8 percent of such amounts for such fiscal year is authorized 

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

10 year. 

11 SEC. 303. AUDITING. 

12 (a) ASSISTANCE AUTHORIZED.—The Inspector Gen13 eral of the Department of State and the Inspector General 

14 of the United States Agency for International Develop15 ment shall audit, investigate, and oversee the obligation 

16 and expenditure of funds to carry out title I of this Act. 

17 (b) REQUIREMENT FOR IN-COUNTRY PRESENCE.— 

18 The Inspector General of the Department of State and 

19 the Inspector General of the United States Agency for 

20 International Development, after consultation with the 

21 Secretary of State and the Administrator of the United 

22 States Agency for International Development, are author23 ized to establish field offices in Pakistan with sufficient 

24 staff from each of the Offices of the Inspector General 

25 in Pakistan respectively to carry out subsection (a). 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.— 

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

3 to be appropriated under section 105 for each of the 

4 fiscal years 2009 through 2013, not less than 

5 $2,000,000 for each fiscal year is authorized to be 

6 made available to the Office of the Inspector General 

7 of the Department of State and not less than 

8 $2,000,000 for each fiscal year is authorized to be 

9 made available to the Office of the Inspector General 

10 of the United States Agency for International Devel11 opment to carry out this section. 

12 (2) RELATION TO OTHER AVAILABLE FUNDS.— 

13 Amounts made available under paragraph (1) are in 

14 addition to amounts otherwise available for such 

15 purposes. 

16 SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF 

17 UNITED STATES ASSISTANCE FOR PAKISTAN. 

18 (a) REQUIREMENTS.—Any direct assistance provided 

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

20 United States to the Government of Pakistan, and any 

21 information required by the United States prior to pro22 viding the assistance or making the payments, may only 

23 be provided or made to, or received from, civilian authori24 ties of a government of Pakistan constituted through a 

25 free and fair election. For purposes of this subsection, a 


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1 government of Pakistan constituted through a free and 

2 fair election is a government that is determined by the 

3 President to have been elected in a free and fair manner, 

4 taking into account the laws and constitution of Pakistan 

5 and internationally recognized standards. 

6 (b) WAIVER.—The President may waive the require7 ments under subsection (a) for a fiscal year if the Presi8 dent certifies to the appropriate congressional committees 

9 that the waiver is vital to the national security interests 

10 of the United States. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall apply with respect to any activities subject to 

13 reporting requirements under title V of the National Secu14 rity Act of 1947 (50 U.S.C. 413 et seq.). 

15 (d) DEFINITION.—In this section, the term ‘‘appro16 priate congressional committees’’ means the Committees 

17 on Appropriations, Armed Services, and Foreign Affairs 

18 of the House of Representatives and the Committees on 

19 Appropriations, Armed Services, and Foreign Relations of 

20 the Senate. 

21 SEC. 305. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

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

24 of the Secretary of Defense, should establish a co25 ordinated, strategic communications strategy to enVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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1 gage the people of Pakistan—one that is fully fund2 ed, staffed, and implemented—to help ensure the 

3 success of the measures authorized by this Act; and 

4 (2) the strategy should have clear and achiev5 able objectives, based on available resources, and 

6 should be overseen by the United States Chief of 

7 Mission in Pakistan. 

8 SEC. 306. REPORTS. 

9 (a) REPORT BY PRESIDENT.— 

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

11 to the appropriate congressional committees a report 

12 on assistance provided under titles I and II of this 

13 Act during the preceding fiscal year. The first report 

14 shall be transmitted not later than 180 days after 

15 the date of the enactment of this Act and subse16 quent reports shall be transmitted not later than 

17 December 31 of each year thereafter. 

18 (2) MATTERS TO BE INCLUDED.—The report 

19 required under subsection (a) shall include the fol20 lowing: 

21 (A) A detailed description of the assistance 

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

23 geographic area. 


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1 (B) A general description of the perform2 ance goals established under section 302 and 

3 the progress made in meeting the goals. 

4 (C) An evaluation of efforts undertaken by 

5 the Government of Pakistan to— 

6 (i) disrupt, dismantle, and defeat al 

7 Qaeda, the Taliban, and other extremist 

8 and terrorist groups in the FATA and set9 tled areas; 

10 (ii) close terrorist camps, including 

11 those of Jamaat-ud-Dawa and Lashkar-e12 Taiba; 

13 (iii) cease all support for extremist 

14 and terrorist groups; 

15 (iv) prevent cross-border attacks; 

16 (v) increase oversight over curriculum 

17 in madrasas, including closing madrasas 

18 with direct links to the Taliban or other 

19 extremist and terrorist groups; and 

20 (vi) improve counter-terrorism financ21 ing and anti-money laundering laws, apply 

22 for observer status for the Financial Ac23 tion Task Force, and steps taken to adhere 

24 to the United Nations International ConVerDate Nov 24 2008 00:35 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1886.IH H1886

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1 vention for the Suppression of Financing 

2 of Terrorism. 

3 (D) A detailed description of Pakistan’s ef4 forts to prevent proliferation of nuclear-related 

5 material and expertise. 

6 (E) A description of the transfer or pur7 chase of military equipment pursuant to title II 

8 of this Act, including— 

9 (i) a list of equipment provided; and 

10 (ii) a detailed description of the extent 

11 to which funds obligated and expended 

12 pursuant to section 203(b) meet the re13 quirements of such section. 

14 (F) An analysis of a suitable replacement 

15 for the AH–1F and AH–1S Cobra attack heli16 copters, which includes recommendations for 

17 sustainment, training, and any other matters 

18 determined to be appropriate. 

19 (b) REPORT BY COMPTROLLER GENERAL.— 

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

21 2011, the Comptroller General of the United States 

22 shall submit to the appropriate congressional com23 mittees a report evaluating the effectiveness of secu24 rity assistance provided to Pakistan under title II of 

25 this Act during fiscal years 2009 and 2010. 


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1 (2) MATTERS TO BE INCLUDED.—The report 

2 required under subsection (a) shall include the fol3 lowing: 

4 (A) A detailed description of the expendi5 tures made by Pakistan pursuant to grant as6 sistance under section 23 of the Arms Export 

7 Control Act (22 U.S.C. 2763; relating to the 

8 Foreign Military Financing program). 

9 (B) An assessment of the impact of the as10 sistance on the security and stability of Paki11 stan. 

12 (C) An evaluation of any issues of financial 

13 impropriety on behalf of personnel imple14 menting the assistance. 

15 (D) An assessment of the extent to which 

16 civilian authorities are involved in administra17 tion of the assistance provided by the United 

18 States. 

19 SEC. 307. SUNSET. 

20 The authority of this Act shall expire after September 

21 30, 2013. 

Æ 


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