II 

110TH CONGRESS 

2D SESSION S. 3263 

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 and Mr. LUGAR) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 with Pakistan Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The people of Pakistan and the United 

9 States have a long history of friendship and comity, 

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1 and the vital interests of both nations are well2 served by strengthening and deepening this friend3 ship. 

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

5 elected a civilian government, reversing months of 

6 political tension and intrigue, as well as mounting 

7 popular concern over governance and their own 

8 democratic reform and political development. 

9 (3) A democratic, moderate, modernizing Paki10 stan would represent the wishes of that country’s 

11 populace, and serve as a model to other countries 

12 around the world. 

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

14 United States, and has been a valuable partner in 

15 the battle against al Qaeda and the Taliban. 

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

17 and affiliated terrorist groups has led to the deaths 

18 of several thousand Pakistani civilians and members 

19 of the security forces of Pakistan over the past 6 

20 years. 

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

22 2001, more al Qaeda terrorist suspects have been 

23 apprehended in Pakistan than in any other country, 

24 including Khalid Sheikh Muhammad, Ramzi bin al25 Shibh, and Abu Faraj al-Libi. 

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1 (7) Despite the sacrifices and cooperation of the 

2 security forces of Pakistan, the top leadership of al 

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

4 affiliated terrorist groups, are believed to use Paki5 stan’s Federally Administered Tribal Areas (FATA) 

6 as a haven and a base from which to organize ter7 rorist actions in Pakistan and with global reach. 

8 (8) According to a Government Accountability 

9 Office Report, (GAO–08–622), ‘‘since 2003, the ad10 ministration’s national security strategies and Con11 gress have recognized that a comprehensive plan 

12 that includes all elements of national power—diplo13 matic, military, intelligence, development assistance, 

14 economic, and law enforcement support—was needed 

15 to address the terrorist threat emanating from the 

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

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

18 Terrorism Prevention Act of 2004 (Public Law 108– 

19 458; 22 U.S.C. 2656f note) and section 2042(b)(2) 

20 of the Implementing the Recommendations of the 9/ 

21 11 Commission Act of 2007 (Public Law 110–53; 22 

22 U.S.C. 2375 note). 

23 (9) According to United States military sources 

24 and unclassified intelligence reports, including the 

25 July 2007 National Intelligence Estimate entitled, 

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

2 Taliban, al Qaeda, and their Pakistani affiliates con3 tinue to use territory in Pakistan as a haven, re4 cruiting location, and rear base for violent actions in 

5 both Afghanistan and Pakistan, as well as attacks 

6 globally, and pose a threat to the United States 

7 homeland. 

8 (10) The toll of terrorist attacks, including sui9 cide bombs, on the people of Pakistan include thou10 sands of citizens killed and wounded across the 

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

12 (including 700 since July 2007), and dozens of trib13 al, provincial, and national officials targeted and 

14 killed, as well as the brazen assassination of former 

15 prime minister Benazir Bhutto while campaigning in 

16 Rawalpindi on December 27, 2007, and several at17 tempts on the life of President Pervaiz Musharraf, 

18 and the rate of such attacks have grown consider19 ably over the past 2 years. 

20 (11) The people of Pakistan and the United 

21 States share many compatible goals, including— 

22 (A) combating terrorism and violent radi23 calism, both inside Pakistan and elsewhere; 

24 (B) solidifying democracy and the rule of 

25 law in Pakistan; 

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1 (C) promoting the economic development 

2 of Pakistan, both through the building of infra3 structure and the facilitation of increased trade; 

4 (D) promoting the social and material well5 being of Pakistani citizens, particularly through 

6 development of such basic services as public 

7 education, access to potable water, and medical 

8 treatment; and 

9 (E) safeguarding the peace and security of 

10 South Asia, including by facilitating peaceful 

11 relations between Pakistan and its neighbors. 

12 (12) According to consistent opinion research, 

13 including that of the Pew Global Attitudes Survey 

14 (December 28, 2007) and the International Repub15 lican Institute (January 29, 2008), many people in 

16 Pakistan have historically viewed the relationship be17 tween the United States and Pakistan as a trans18 actional one, characterized by a heavy emphasis on 

19 security issues with little attention to other matters 

20 of great interest to citizens of Pakistan. 

21 (13) The election of a civilian government in 

22 Pakistan in February 2008 provides an opportunity, 

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

24 place relations between Pakistan and the United 

25 States on a new and more stable foundation. 

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1 (14) Both the Government of Pakistan and the 

2 United States Government should seek to enhance 

3 the bilateral relationship through additional multi4 faceted engagement in order to strengthen the foun5 dation for a consistent and reliable long-term part6 nership between the two countries. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means the Committees on Appropriations 

12 and Foreign Relations of the Senate and the Com13 mittees on Appropriations and Foreign Affairs of 

14 the House of Representatives. 

15 (2) COUNTERINSURGENCY.—The term 

16 ‘‘counterinsurgency’’ means efforts to defeat orga17 nized movements that seek to overthrow the duly 

18 constituted Governments of Pakistan and Afghani19 stan through the use of subversion and armed con20 flict. 

21 (3) COUNTERTERRORISM.—The term 

22 ‘‘counterterrorism’’ means efforts to combat al 

23 Qaeda and other foreign terrorist organizations that 

24 are designated by the Secretary of State in accord25 ance with section 219 of the Immigration and Namstockstill on PROD1PC66 with BILLS

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1 tionality Act (8 U.S.C. 1189), or other individuals 

2 and entities engaged in terrorist activity or support 

3 for such activity. 

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

5 Federally Administered Tribal Areas of Pakistan. 

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

7 North West Frontier Province of Pakistan, which 

8 has Peshawar as its provincial capital. 

9 (6) PAKISTAN-AFGHANISTAN BORDER AREAS.— 

10 The term ‘‘Pakistan-Afghanistan border areas’’ in11 cludes the Pakistan regions known as NWFP, 

12 FATA, and parts of Balochistan in which the 

13 Taliban or Al Qaeda have traditionally found refuge. 

14 (7) SECURITY-RELATED ASSISTANCE.—The 

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

16 (A) grant assistance to carry out section 

17 23 of the Arms Export Control Act (22 U.S.C. 

18 2763); 

19 (B) assistance under chapter 2 of part II 

20 of the Foreign Assistance Act of 1961 (22 

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

22 (C) assistance under chapter 5 of part II 

23 of the Foreign Assistance Act of 1961 (22 

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

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1 (D) any equipment, supplies, and training 

2 provided pursuant to section 1206 of the Na3 tional Defense Authorization Act for Fiscal 

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

5 3456); and 

6 (E) any equipment, supplies, and training 

7 provided pursuant to section 1206 of the Na8 tional Defense Authorization Act for Fiscal 

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

10 368). 

11 (8) SECURITY FORCES OF PAKISTAN.—The 

12 term ‘‘security forces of Pakistan’’ means the mili13 tary, paramilitary, and intelligence services of the 

14 Government of Pakistan, including the armed forces, 

15 Inter-Services Intelligence Directorate, Intelligence 

16 Bureau, police forces, Frontier Corps, and Frontier 

17 Constabulary. 

18 SEC. 4. STATEMENT OF POLICY. 

19 It is the policy of the United States— 

20 (1) to support the consolidation of democracy, 

21 good governance, and rule of law in Pakistan; 

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

23 multifaceted relationship with Pakistan; 

24 (3) to further the sustainable economic develop25 ment of Pakistan and the improvement of the living 

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1 conditions of its citizens by expanding United States 

2 bilateral engagement with the Government of Paki3 stan, especially in areas of direct interest and impor4 tance to the daily lives of the people of Pakistan; 

5 (4) to work with Pakistan and the countries 

6 bordering Pakistan to facilitate peace in the region 

7 and harmonious relations between the countries of 

8 the region; 

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

10 prevent any Pakistani territory from being used as 

11 a base or conduit for terrorist attacks in Pakistan, 

12 Afghanistan, or elsewhere in the world; 

13 (6) to work in close cooperation with the Gov14 ernment of Pakistan to coordinate military and 

15 paramilitary action against terrorist targets; 

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

17 help bring peace, stability, and development to all 

18 regions of Pakistan, especially those in the Pakistan19 Afghanistan border areas, including support for an 

20 effective counterinsurgency strategy; and 

21 (8) to expand people-to-people engagement be22 tween the United States and Pakistan, through in23 creased educational, technical, and cultural ex24 changes and other methods. 

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1 SEC. 5. AUTHORIZATION OF FUNDS. 

2 (a) AUTHORIZATION.—There are authorized to be ap3 propriated to the President, for the purposes of providing 

4 assistance to Pakistan under the Foreign Assistance Act 

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

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

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

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

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

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

11 (b) SENSE OF CONGRESS ON ECONOMIC SUPPORT

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

13 improving political and economic climate, there should be 

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

15 year for fiscal years 2014 through 2018 for the purpose 

16 of providing assistance to Pakistan under the Foreign As17 sistance Act of 1961. 

18 (c) SENSE OF CONGRESS ON SECURITY-RELATED

19 ASSISTANCE.—It is the sense of Congress that security20 related assistance to the Government of Pakistan should 

21 be provided in close coordination with the Government of 

22 Pakistan, designed to improve the Government’s capabili23 ties in areas of mutual concern, and maintained at a level 

24 that will bring significant gains in pursuing the policies 

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

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

2 to the authorization of appropriations under this section 

3 shall be used for projects intended to benefit the people 

4 of Pakistan, including projects that promote— 

5 (1) just and democratic governance, including— 

6 (A) political pluralism, equality, and the 

7 rule of law; 

8 (B) respect for human and civil rights; 

9 (C) independent, efficient, and effective ju10 dicial systems; 

11 (D) transparency and accountability of all 

12 branches of government and judicial pro13 ceedings; and 

14 (E) anticorruption efforts among police, 

15 civil servants, elected officials, and all levels of 

16 government administration, including the mili17 tary; 

18 (2) economic freedom, including— 

19 (A) private sector growth and the sustain20 able management of natural resources; 

21 (B) market forces in the economy; and 

22 (C) worker rights, including the right to 

23 form labor unions and legally enforce provisions 

24 safeguarding the rights of workers and local 

25 community stakeholders; and 

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1 (3) investments in people, particularly women 

2 and children, including— 

3 (A) broad-based public primary and sec4 ondary education and vocational training for 

5 both boys and girls; 

6 (B) the construction of roads, irrigation 

7 channels, wells, and other physical infrastruc8 ture; 

9 (C) agricultural development to ensure 

10 food staples in times of severe shortage; 

11 (D) quality public health, including med12 ical clinics with well trained staff serving rural 

13 and urban communities; and 

14 (E) public-private partnerships in higher 

15 education to ensure a breadth and consistency 

16 of Pakistani graduates to help strengthen the 

17 foundation for improved governance and eco18 nomic vitality. 

19 (e) PREFERENCE FOR BUILDING LOCAL CAPAC20 ITY.—The President is encouraged, as appropriate, to uti21 lize Pakistani firms and community and local nongovern22 mental organizations in Pakistan to provide assistance 

23 under this section. 

24 (f) AUTHORITY TO USE FUNDS FOR OPERATIONAL

25 AND AUDIT EXPENSES.—Up to 7 percent of the funds apmstockstill on PROD1PC66 with BILLS

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1 propriated for a fiscal year pursuant to the authorization 

2 of appropriations under this section— 

3 (1) may be used for administrative expenses of 

4 Federal departments and agencies in connection 

5 with the provision of assistance authorized by this 

6 section; or 

7 (2) may be made available to the Inspector 

8 General of the United States Agency for Inter9 national Development to provide audits and program 

10 reviews of projects funded pursuant to this section. 

11 (g) USE OF FUNDS.—Funds appropriated or other12 wise made available to carry out this section shall be uti13 lized to the maximum extent possible as direct expendi14 tures for projects and programs, subject to existing report15 ing and notification requirements. 

16 (h) NOTIFICATION REQUIREMENTS.— 

17 (1) NOTICE OF ASSISTANCE FOR BUDGET SUP18 PORT.—The President shall notify Congress not 

19 later than 15 days before providing any assistance 

20 under this section as budgetary support to the Gov21 ernment of Pakistan or any element of such Govern22 ment. 

23 (2) ANNUAL REPORT.—The President shall 

24 submit to the appropriate congressional committees 

25 a report on assistance provided under this section 

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1 during the most recent fiscal year. The report shall 

2 describe— 

3 (A) all expenditures under this section, by 

4 region; 

5 (B) the intended purpose for such assist6 ance, the strategy or plan with which it is 

7 aligned, and a timeline for completion associ8 ated with such strategy or plan; 

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

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

11 projects under this section during the period 

12 covered by the report, and an assessment of the 

13 effectiveness of the project or projects con14 ducted by each such person or entity; 

15 (D) any shortfall in United States finan16 cial, physical, technical, or human resources 

17 that hinder effective use and monitoring of such 

18 funds; 

19 (E) any negative impact, including the ab20 sorptive capacity of the region for which the re21 sources are intended, of United States bilateral 

22 or multilateral assistance and recommendations 

23 for modification of funding, if any; and 

24 (F) the amount of funds appropriated pur25 suant to the authorization of appropriations 

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1 under this section that were used during the re2 porting period for administrative expenses or 

3 for audits and program reviews pursuant to the 

4 authority under subsection (f). 

5 (i) SENSE OF CONGRESS ON FUNDING OF PRIOR6 ITIES.—It is the sense of Congress that the Government 

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

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

9 to the recurrent costs associated with education, health, 

10 and other priorities described in this section. 

11 SEC. 6. LIMITATION ON CERTAIN ASSISTANCE. 

12 (a) LIMITATION ON CERTAIN MILITARY ASSIST13 ANCE.—Beginning in fiscal year 2010, no grant assistance 

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

15 (22 U.S.C. 2763) and no assistance under chapter 2 of 

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

17 2311 et seq.) may be provided to Pakistan in a fiscal year 

18 until the Secretary of State makes the certification re19 quired under subsection (c). 

20 (b) LIMITATION ON ARMS TRANSFERS.—Beginning 

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

22 equipment to Pakistan may be issued pursuant to the 

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

24 no license to export major defense equipment to Pakistan 

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

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1 the Secretary of State makes the certification required 

2 under subsection (c). 

3 (c) CERTIFICATION.—The certification required by 

4 this subsection is a certification to the appropriate con5 gressional committees by the Secretary of State, after con6 sultation with the Secretary of Defense and the Director 

7 of National Intelligence, that the security forces of Paki8 stan— 

9 (1) are making concerted efforts to prevent al 

10 Qaeda and associated terrorist groups from oper11 ating in the territory of Pakistan; 

12 (2) are making concerted efforts to prevent the 

13 Taliban from using the territory of Pakistan as a 

14 sanctuary from which to launch attacks within Af15 ghanistan; and 

16 (3) are not materially interfering in the political 

17 or judicial processes of Pakistan. 

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

19 limitations in subsections (a) and (b) if the Secretary de20 termines it is in the national security interests of the 

21 United States to provide such waiver. 

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

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

24 the Secretary of State provides to the appropriate congres25 sional committees written notice of the intent to issue such 

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1 waiver and the reasons therefor. The notice may be sub2 mitted in classified or unclassified form as necessary. 

3 SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT 

4 FUNDS. 

5 It is the sense of Congress that— 

6 (1) Coalition Support Funds are critical compo7 nents of the global fight against terrorism and the 

8 primary support for military operations of the Gov9 ernment of Pakistan to destroy the terrorist threat 

10 and close the terrorist safe haven, known or sus11 pected, in the FATA, the NWFP, and other regions 

12 of Pakistan; 

13 (2) despite the broad discretion Congress grant14 ed the Secretary of Defense in terms of managing 

15 Coalition Support Funds, the Pakistan reimburse16 ment claims process for Coalition Support Funds re17 quires increased oversight and accountability, con18 sistent with the conclusions of the June 2008 report 

19 of the United States Government Accountability Of20 fice (GAO–08–806); and 

21 (3) in order to ensure that this significant 

22 United States effort in support of countering ter23 rorism in Pakistan effectively ensures the intended 

24 use of Coalition Support Funds, and to avoid redun25 dancy in other security assistance programs, such as 

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1 Foreign Military Financing and Foreign Military 

2 Sales, more specific guidance should be generated, 

3 and accountability delineated, for officials associated 

4 with oversight of this program within the United 

5 States Embassy in Pakistan, the United States Cen6 tral Command, the Department of Defense, the De7 partment of State, and the Office of Management 

8 and Budget. 

9 SEC. 8. AFGHANISTAN-PAKISTAN BORDER STRATEGY. 

10 (a) DEVELOPMENT OF COMPREHENSIVE STRAT11 EGY.—The Secretary of State, in consultation with the 

12 Secretary of Defense, the Director of National Intel13 ligence, and such other government officials as may be ap14 propriate, shall develop a comprehensive, cross-border 

15 strategy for working with the Government of Pakistan, the 

16 Government of Afghanistan, NATO, and other like-mind17 ed allies to best implement effective counterterrorism and 

18 counterinsurgency measurers in and near the border areas 

19 of Pakistan and Afghanistan, especially in known or sus20 pected safe havens such as Pakistan’s FATA, the NWFP, 

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

22 and east border areas of Afghanistan. 

23 (b) REPORT.—Not later than June 1, 2009, the Sec24 retary of State shall submit to the appropriate congres25 sional committees a detailed description of a comprehenmstockstill on PROD1PC66 with BILLS

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1 sive strategy for counterterrorism and counterinsurgency 

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

3 for implementing the strategy. 

4 SEC. 9. SENSE OF CONGRESS. 

5 It is the sense of Congress that the United States 

6 should— 

7 (1) recognize the bold political steps the Paki8 stan electorate has taken during a time of height9 ened sensitivity and tension in 2007 and 2008 to 

10 elect a new civilian government; 

11 (2) seize this strategic opportunity in the inter12 ests of Pakistan as well as in the national security 

13 interests of the United States to expand its engage14 ment with the Government and people of Pakistan 

15 in areas of particular interest and importance to the 

16 people of Pakistan; and 

17 (3) continue to build a responsible and recip18 rocal security relationship taking into account the 

19 national security interests of the United States as 

20 well as regional and national dynamics in Pakistan 

21 to further strengthen and enable the position of 

22 Pakistan as a major non-NATO ally. 

Æ 

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