II 

Calendar No. 1093 

110TH CONGRESS 

2D SESSION S. 3263 

[Report No. 110–510] 

To authorize appropriations for fiscal years 2009 through 2013 to promote 

an enhanced strategic partnership with Pakistan and its people, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2008 

Mr. BIDEN (for himself, Mr. LUGAR, Mr. OBAMA, Mr. HAGEL, Mr. KERRY, 

Mr. CASEY, Mrs. BOXER, Mr. DURBIN, Mr. CARPER, Mrs. CLINTON, Mr. 

DODD, and Mr. WHITEHOUSE) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. DODD, without amendment 

A BILL 

To authorize appropriations for fiscal years 2009 through 

2013 to promote an enhanced strategic partnership with 

Pakistan and its people, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhanced Partnership 

3 with Pakistan Act of 2008’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The people of Pakistan and the United 

7 States have a long history of friendship and comity, 

8 and the vital interests of both nations are well9 served by strengthening and deepening this friend10 ship. 

11 (2) In February 2008, the people of Pakistan 

12 elected a civilian government, reversing months of 

13 political tension and intrigue, as well as mounting 

14 popular concern over governance and their own 

15 democratic reform and political development. 

16 (3) A democratic, moderate, modernizing Paki17 stan would represent the wishes of that country’s 

18 populace, and serve as a model to other countries 

19 around the world. 

20 (4) Pakistan is a major non-NATO ally of the 

21 United States, and has been a valuable partner in 

22 the battle against al Qaeda and the Taliban. 

23 (5) The struggle against al Qaeda, the Taliban, 

24 and affiliated terrorist groups has led to the deaths 

25 of several thousand Pakistani civilians and members 


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1 of the security forces of Pakistan over the past 6 

2 years. 

3 (6) Since the terrorist attacks of September 11, 

4 2001, more al Qaeda terrorist suspects have been 

5 apprehended in Pakistan than in any other country, 

6 including Khalid Sheikh Muhammad, Ramzi bin al7 Shibh, and Abu Faraj al-Libi. 

8 (7) Despite the sacrifices and cooperation of the 

9 security forces of Pakistan, the top leadership of al 

10 Qaeda, as well as the leadership and rank-and-file of 

11 affiliated terrorist groups, are believed to use Paki12 stan’s Federally Administered Tribal Areas (FATA) 

13 as a haven and a base from which to organize ter14 rorist actions in Pakistan and with global reach. 

15 (8) According to a Government Accountability 

16 Office Report, (GAO–08–622), ‘‘since 2003, the ad17 ministration’s national security strategies and Con18 gress have recognized that a comprehensive plan 

19 that includes all elements of national power—diplo20 matic, military, intelligence, development assistance, 

21 economic, and law enforcement support—was needed 

22 to address the terrorist threat emanating from the 

23 FATA’’ and that such a strategy was also mandated 

24 by section 7102(b)(3) of the Intelligence Reform and 

25 Terrorism Prevention Act of 2004 (Public Law 108– 


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1 458; 22 U.S.C. 2656f note) and section 2042(b)(2) 

2 of the Implementing the Recommendations of the 9/ 

3 11 Commission Act of 2007 (Public Law 110–53; 22 

4 U.S.C. 2375 note). 

5 (9) According to United States military sources 

6 and unclassified intelligence reports, including the 

7 July 2007 National Intelligence Estimate entitled, 

8 ‘‘The Terrorist Threat to the U.S. Homeland’’, the 

9 Taliban, al Qaeda, and their Pakistani affiliates con10 tinue to use territory in Pakistan as a haven, re11 cruiting location, and rear base for violent actions in 

12 both Afghanistan and Pakistan, as well as attacks 

13 globally, and pose a threat to the United States 

14 homeland. 

15 (10) The toll of terrorist attacks, including sui16 cide bombs, on the people of Pakistan include thou17 sands of citizens killed and wounded across the 

18 country, over 1,400 military and police forces killed 

19 (including 700 since July 2007), and dozens of trib20 al, provincial, and national officials targeted and 

21 killed, as well as the brazen assassination of former 

22 prime minister Benazir Bhutto while campaigning in 

23 Rawalpindi on December 27, 2007, and several at24 tempts on the life of President Pervaiz Musharraf, 


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1 and the rate of such attacks have grown consider2 ably over the past 2 years. 

3 (11) The people of Pakistan and the United 

4 States share many compatible goals, including— 

5 (A) combating terrorism and violent radi6 calism, both inside Pakistan and elsewhere; 

7 (B) solidifying democracy and the rule of 

8 law in Pakistan; 

9 (C) promoting the economic development 

10 of Pakistan, both through the building of infra11 structure and the facilitation of increased trade; 

12 (D) promoting the social and material well13 being of Pakistani citizens, particularly through 

14 development of such basic services as public 

15 education, access to potable water, and medical 

16 treatment; and 

17 (E) safeguarding the peace and security of 

18 South Asia, including by facilitating peaceful 

19 relations between Pakistan and its neighbors. 

20 (12) According to consistent opinion research, 

21 including that of the Pew Global Attitudes Survey 

22 (December 28, 2007) and the International Repub23 lican Institute (January 29, 2008), many people in 

24 Pakistan have historically viewed the relationship be25 tween the United States and Pakistan as a transVerDate Aug 31 2005 05:07 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3263.RS S3263

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1 actional one, characterized by a heavy emphasis on 

2 security issues with little attention to other matters 

3 of great interest to citizens of Pakistan. 

4 (13) The election of a civilian government in 

5 Pakistan in February 2008 provides an opportunity, 

6 after nearly a decade of military-dominated rule, to 

7 place relations between Pakistan and the United 

8 States on a new and more stable foundation. 

9 (14) Both the Government of Pakistan and the 

10 United States Government should seek to enhance 

11 the bilateral relationship through additional multi12 faceted engagement in order to strengthen the foun13 dation for a consistent and reliable long-term part14 nership between the two countries. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means the Committees on Appropriations 

20 and Foreign Relations of the Senate and the Com21 mittees on Appropriations and Foreign Affairs of 

22 the House of Representatives. 

23 (2) COUNTERINSURGENCY.—The term 

24 ‘‘counterinsurgency’’ means efforts to defeat orga25 nized movements that seek to overthrow the duly 


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1 constituted Governments of Pakistan and Afghani2 stan through the use of subversion and armed con3 flict. 

4 (3) COUNTERTERRORISM.—The term 

5 ‘‘counterterrorism’’ means efforts to combat al 

6 Qaeda and other foreign terrorist organizations that 

7 are designated by the Secretary of State in accord8 ance with section 219 of the Immigration and Na9 tionality Act (8 U.S.C. 1189), or other individuals 

10 and entities engaged in terrorist activity or support 

11 for such activity. 

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

13 Federally Administered Tribal Areas of Pakistan. 

14 (5) NWFP.—The term ‘‘NWFP’’ means the 

15 North West Frontier Province of Pakistan, which 

16 has Peshawar as its provincial capital. 

17 (6) PAKISTAN-AFGHANISTAN BORDER AREAS.— 

18 The term ‘‘Pakistan-Afghanistan border areas’’ in19 cludes the Pakistan regions known as NWFP, 

20 FATA, and parts of Balochistan in which the 

21 Taliban or Al Qaeda have traditionally found refuge. 

22 (7) SECURITY-RELATED ASSISTANCE.—The 

23 term ‘‘security-related assistance’’ means— 


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1 (A) grant assistance to carry out section 

2 23 of the Arms Export Control Act (22 U.S.C. 

3 2763); 

4 (B) assistance under chapter 2 of part II 

5 of the Foreign Assistance Act of 1961 (22 

6 U.S.C. 2311 et seq.); 

7 (C) assistance under chapter 5 of part II 

8 of the Foreign Assistance Act of 1961 (22 

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

10 (D) any equipment, supplies, and training 

11 provided pursuant to section 1206 of the Na12 tional Defense Authorization Act for Fiscal 

13 Year 2006 (Public Law 109–163; 119 Stat. 

14 3456); and 

15 (E) any equipment, supplies, and training 

16 provided pursuant to section 1206 of the Na17 tional Defense Authorization Act for Fiscal 

18 Year 2008 (Public Law 110–181; 122 Stat. 

19 368). 

20 (8) SECURITY FORCES OF PAKISTAN.—The 

21 term ‘‘security forces of Pakistan’’ means the mili22 tary, paramilitary, and intelligence services of the 

23 Government of Pakistan, including the armed forces, 

24 Inter-Services Intelligence Directorate, Intelligence 


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1 Bureau, police forces, Frontier Corps, and Frontier 

2 Constabulary. 

3 SEC. 4. STATEMENT OF POLICY. 

4 It is the policy of the United States— 

5 (1) to support the consolidation of democracy, 

6 good governance, and rule of law in Pakistan; 

7 (2) to affirm and build a sustained, long-term, 

8 multifaceted relationship with Pakistan; 

9 (3) to further the sustainable economic develop10 ment of Pakistan and the improvement of the living 

11 conditions of its citizens by expanding United States 

12 bilateral engagement with the Government of Paki13 stan, especially in areas of direct interest and impor14 tance to the daily lives of the people of Pakistan; 

15 (4) to work with Pakistan and the countries 

16 bordering Pakistan to facilitate peace in the region 

17 and harmonious relations between the countries of 

18 the region; 

19 (5) to work with the Government of Pakistan to 

20 prevent any Pakistani territory from being used as 

21 a base or conduit for terrorist attacks in Pakistan, 

22 Afghanistan, or elsewhere in the world; 

23 (6) to work in close cooperation with the Gov24 ernment of Pakistan to coordinate military and 

25 paramilitary action against terrorist targets; 


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1 (7) to work with the Government of Pakistan to 

2 help bring peace, stability, and development to all 

3 regions of Pakistan, especially those in the Pakistan4 Afghanistan border areas, including support for an 

5 effective counterinsurgency strategy; and 

6 (8) to expand people-to-people engagement be7 tween the United States and Pakistan, through in8 creased educational, technical, and cultural ex9 changes and other methods. 

10 SEC. 5. AUTHORIZATION OF FUNDS. 

11 (a) AUTHORIZATION.—There are authorized to be ap12 propriated to the President, for the purposes of providing 

13 assistance to Pakistan under the Foreign Assistance Act 

14 of 1961 (22 U.S.C. 2151 et seq.), the following amounts: 

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

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

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

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

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

20 (b) SENSE OF CONGRESS ON ECONOMIC SUPPORT

21 FUNDS.—It is the sense of Congress that, subject to an 

22 improving political and economic climate, there should be 

23 authorized to be appropriated up to $1,500,000,000 per 

24 year for fiscal years 2014 through 2018 for the purpose 


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1 of providing assistance to Pakistan under the Foreign As2 sistance Act of 1961. 

3 (c) SENSE OF CONGRESS ON SECURITY-RELATED

4 ASSISTANCE.—It is the sense of Congress that security5 related assistance to the Government of Pakistan should 

6 be provided in close coordination with the Government of 

7 Pakistan, designed to improve the Government’s capabili8 ties in areas of mutual concern, and maintained at a level 

9 that will bring significant gains in pursuing the policies 

10 set forth in paragraphs (5), (6), and (7) of section 4. 

11 (d) USE OF FUNDS.—Funds appropriated pursuant 

12 to the authorization of appropriations under this section 

13 shall be used for projects intended to benefit the people 

14 of Pakistan, including projects that promote— 

15 (1) just and democratic governance, including— 

16 (A) political pluralism, equality, and the 

17 rule of law; 

18 (B) respect for human and civil rights; 

19 (C) independent, efficient, and effective ju20 dicial systems; 

21 (D) transparency and accountability of all 

22 branches of government and judicial pro23 ceedings; and 

24 (E) anticorruption efforts among police, 

25 civil servants, elected officials, and all levels of 


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1 government administration, including the mili2 tary; 

3 (2) economic freedom, including— 

4 (A) private sector growth and the sustain5 able management of natural resources; 

6 (B) market forces in the economy; and 

7 (C) worker rights, including the right to 

8 form labor unions and legally enforce provisions 

9 safeguarding the rights of workers and local 

10 community stakeholders; and 

11 (3) investments in people, particularly women 

12 and children, including— 

13 (A) broad-based public primary and sec14 ondary education and vocational training for 

15 both boys and girls; 

16 (B) the construction of roads, irrigation 

17 channels, wells, and other physical infrastruc18 ture; 

19 (C) agricultural development to ensure 

20 food staples in times of severe shortage; 

21 (D) quality public health, including med22 ical clinics with well trained staff serving rural 

23 and urban communities; and 

24 (E) public-private partnerships in higher 

25 education to ensure a breadth and consistency 


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1 of Pakistani graduates to help strengthen the 

2 foundation for improved governance and eco3 nomic vitality. 

4 (e) PREFERENCE FOR BUILDING LOCAL CAPAC5 ITY.—The President is encouraged, as appropriate, to uti6 lize Pakistani firms and community and local nongovern7 mental organizations in Pakistan to provide assistance 

8 under this section. 

9 (f) AUTHORITY TO USE FUNDS FOR OPERATIONAL

10 AND AUDIT EXPENSES.—Up to 7 percent of the funds ap11 propriated for a fiscal year pursuant to the authorization 

12 of appropriations under this section— 

13 (1) may be used for administrative expenses of 

14 Federal departments and agencies in connection 

15 with the provision of assistance authorized by this 

16 section; or 

17 (2) may be made available to the Inspector 

18 General of the United States Agency for Inter19 national Development to provide audits and program 

20 reviews of projects funded pursuant to this section. 

21 (g) USE OF FUNDS.—Funds appropriated or other22 wise made available to carry out this section shall be uti23 lized to the maximum extent possible as direct expendi24 tures for projects and programs, subject to existing report25 ing and notification requirements. 


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1 (h) NOTIFICATION REQUIREMENTS.— 

2 (1) NOTICE OF ASSISTANCE FOR BUDGET SUP3 PORT.—The President shall notify Congress not 

4 later than 15 days before providing any assistance 

5 under this section as budgetary support to the Gov6 ernment of Pakistan or any element of such Govern7 ment. 

8 (2) ANNUAL REPORT.—The President shall 

9 submit to the appropriate congressional committees 

10 a report on assistance provided under this section 

11 during the most recent fiscal year. The report shall 

12 describe— 

13 (A) all expenditures under this section, by 

14 region; 

15 (B) the intended purpose for such assist16 ance, the strategy or plan with which it is 

17 aligned, and a timeline for completion associ18 ated with such strategy or plan; 

19 (C) a list of persons or entities who have 

20 received funds in excess of $25,000 to conduct 

21 projects under this section during the period 

22 covered by the report, and an assessment of the 

23 effectiveness of the project or projects con24 ducted by each such person or entity; 


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1 (D) any shortfall in United States finan2 cial, physical, technical, or human resources 

3 that hinder effective use and monitoring of such 

4 funds; 

5 (E) any negative impact, including the ab6 sorptive capacity of the region for which the re7 sources are intended, of United States bilateral 

8 or multilateral assistance and recommendations 

9 for modification of funding, if any; and 

10 (F) the amount of funds appropriated pur11 suant to the authorization of appropriations 

12 under this section that were used during the re13 porting period for administrative expenses or 

14 for audits and program reviews pursuant to the 

15 authority under subsection (f). 

16 (i) SENSE OF CONGRESS ON FUNDING OF PRIOR17 ITIES.—It is the sense of Congress that the Government 

18 of Pakistan should allocate a greater portion of its budget, 

19 consistent with its ‘‘Poverty Reduction Strategy Paper’’, 

20 to the recurrent costs associated with education, health, 

21 and other priorities described in this section. 

22 SEC. 6. LIMITATION ON CERTAIN ASSISTANCE. 

23 (a) LIMITATION ON CERTAIN MILITARY ASSIST24 ANCE.—Beginning in fiscal year 2010, no grant assistance 

25 to carry out section 23 of the Arms Export Control Act 


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1 (22 U.S.C. 2763) and no assistance under chapter 2 of 

2 part II of the Foreign Assistance Act of 1961 (22 U.S.C. 

3 2311 et seq.) may be provided to Pakistan in a fiscal year 

4 until the Secretary of State makes the certification re5 quired under subsection (c). 

6 (b) LIMITATION ON ARMS TRANSFERS.—Beginning 

7 in fiscal year 2012, no letter of offer to sell major defense 

8 equipment to Pakistan may be issued pursuant to the 

9 Arms Export Control Act (22 U.S.C. 2751 et seq.) and 

10 no license to export major defense equipment to Pakistan 

11 may be issued pursuant to such Act in a fiscal year until 

12 the Secretary of State makes the certification required 

13 under subsection (c). 

14 (c) CERTIFICATION.—The certification required by 

15 this subsection is a certification to the appropriate con16 gressional committees by the Secretary of State, after con17 sultation with the Secretary of Defense and the Director 

18 of National Intelligence, that the security forces of Paki19 stan— 

20 (1) are making concerted efforts to prevent al 

21 Qaeda and associated terrorist groups from oper22 ating in the territory of Pakistan; 

23 (2) are making concerted efforts to prevent the 

24 Taliban from using the territory of Pakistan as a 


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1 sanctuary from which to launch attacks within Af2 ghanistan; and 

3 (3) are not materially interfering in the political 

4 or judicial processes of Pakistan. 

5 (d) WAIVER.—The Secretary of State may waive the 

6 limitations in subsections (a) and (b) if the Secretary de7 termines it is in the national security interests of the 

8 United States to provide such waiver. 

9 (e) PRIOR NOTICE OF WAIVER.—A waiver pursuant 

10 to subsection (d) may not be exercised until 15 days after 

11 the Secretary of State provides to the appropriate congres12 sional committees written notice of the intent to issue such 

13 waiver and the reasons therefor. The notice may be sub14 mitted in classified or unclassified form as necessary. 

15 SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT 

16 FUNDS. 

17 It is the sense of Congress that— 

18 (1) Coalition Support Funds are critical compo19 nents of the global fight against terrorism and the 

20 primary support for military operations of the Gov21 ernment of Pakistan to destroy the terrorist threat 

22 and close the terrorist safe haven, known or sus23 pected, in the FATA, the NWFP, and other regions 

24 of Pakistan; 


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1 (2) despite the broad discretion Congress grant2 ed the Secretary of Defense in terms of managing 

3 Coalition Support Funds, the Pakistan reimburse4 ment claims process for Coalition Support Funds re5 quires increased oversight and accountability, con6 sistent with the conclusions of the June 2008 report 

7 of the United States Government Accountability Of8 fice (GAO–08–806); and 

9 (3) in order to ensure that this significant 

10 United States effort in support of countering ter11 rorism in Pakistan effectively ensures the intended 

12 use of Coalition Support Funds, and to avoid redun13 dancy in other security assistance programs, such as 

14 Foreign Military Financing and Foreign Military 

15 Sales, more specific guidance should be generated, 

16 and accountability delineated, for officials associated 

17 with oversight of this program within the United 

18 States Embassy in Pakistan, the United States Cen19 tral Command, the Department of Defense, the De20 partment of State, and the Office of Management 

21 and Budget. 

22 SEC. 8. AFGHANISTAN-PAKISTAN BORDER STRATEGY. 

23 (a) DEVELOPMENT OF COMPREHENSIVE STRAT24 EGY.—The Secretary of State, in consultation with the 

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1 ligence, and such other government officials as may be ap2 propriate, shall develop a comprehensive, cross-border 

3 strategy for working with the Government of Pakistan, the 

4 Government of Afghanistan, NATO, and other like-mind5 ed allies to best implement effective counterterrorism and 

6 counterinsurgency measurers in and near the border areas 

7 of Pakistan and Afghanistan, especially in known or sus8 pected safe havens such as Pakistan’s FATA, the NWFP, 

9 parts of Balochistan, and other critical areas in the south 

10 and east border areas of Afghanistan. 

11 (b) REPORT.—Not later than June 1, 2009, the Sec12 retary of State shall submit to the appropriate congres13 sional committees a detailed description of a comprehen14 sive strategy for counterterrorism and counterinsurgency 

15 in the FATA, as well as proposed timelines and budgets 

16 for implementing the strategy. 

17 SEC. 9. SENSE OF CONGRESS. 

18 It is the sense of Congress that the United States 

19 should— 

20 (1) recognize the bold political steps the Paki21 stan electorate has taken during a time of height22 ened sensitivity and tension in 2007 and 2008 to 

23 elect a new civilian government; 

24 (2) seize this strategic opportunity in the inter25 ests of Pakistan as well as in the national security 


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1 interests of the United States to expand its engage2 ment with the Government and people of Pakistan 

3 in areas of particular interest and importance to the 

4 people of Pakistan; and 

5 (3) continue to build a responsible and recip6 rocal security relationship taking into account the 

7 national security interests of the United States as 

8 well as regional and national dynamics in Pakistan 

9 to further strengthen and enable the position of 

10 Pakistan as a major non-NATO ally. 


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Calendar No. 1093 

110TH CONGRESS 

2D SESSION S. 3263 

[Report No. 110–510] 

A BILL 

To authorize appropriations for fiscal years 2009 

other purposes. partnership with Pakistan and its people, and for through 2013 to promote an enhanced strategic 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Reported without amendment 


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