June 11, 2009 - Issue: Vol. 155, No. 87 — Daily Edition111th Congress (2009 - 2010) - 1st Session

[Pages H6551-H6584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PAKISTAN ENDURING ASSISTANCE AND COOPERATION ENHANCEMENT ACT OF 2009

  Mr. BERMAN. Mr. Speaker, pursuant to House Resolution 522, I call up 
the bill (H.R. 1886) to authorize democratic, economic, and social 
development assistance for Pakistan, to authorize security assistance 
for Pakistan, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 522, the 
amendment in the nature of a substitute printed in the bill, modified 
by the amendment printed in part A of House report 111-143, is adopted 
and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 1886

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Pakistan 
     Enduring Assistance and Cooperation Enhancement Act of 2009'' 
     or the ``PEACE Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Declaration of principles.

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

Sec. 101. Purposes of assistance.
Sec. 102. Authorization of assistance.
Sec. 103. Multilateral support for Pakistan.
Sec. 104. Pakistan Democracy and Prosperity Fund.
Sec. 105. Authorization of appropriations.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

Sec. 201. Sense of Congress.
Sec. 202. Purposes of assistance.
Sec. 203. Authorization of assistance.
Sec. 204. Pakistan Counterinsurgency Capabilities Fund.

[[Page H6552]]

Sec. 205. Exchange program between military and civilian personnel of 
              Pakistan and certain other countries.
Sec. 206. Limitation on United States military assistance to Pakistan.
Sec. 207. Authorization of appropriations.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Comprehensive regional security strategy.
Sec. 302. Monitoring and evaluation of assistance.
Sec. 303. Auditing.
Sec. 304. Requirements for civilian control of United States assistance 
              for Pakistan.
Sec. 305. Sense of Congress.
Sec. 306. Reports.
Sec. 307. Sunset.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--Except as 
     otherwise provided in this Act, the term ``appropriate 
     congressional committees'' means the Committees on 
     Appropriations and Foreign Affairs of the House of 
     Representatives and the Committees on Appropriations and 
     Foreign Relations of the Senate.
       (2) Counterinsurgency.--The term ``counterinsurgency'' 
     means efforts to defeat organized movements that seek to 
     overthrow the duly constituted Governments of Pakistan and 
     Afghanistan through the use of subversion and armed conflict.
       (3) Counterterrorism.--The term ``counterterrorism'' means 
     efforts to combat--
       (A) al Qaeda; and
       (B) other terrorist organizations, as such term is defined 
     in section 212(a)(3)(B)(vi) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
       (4) FATA.--The term ``FATA'' means the Federally 
     Administered Tribal Areas of Pakistan.
       (5) FCR.--The term ``FCR'' means the Frontier Crimes 
     Regulation, codified under British law in 1901, and 
     applicable to the FATA.
       (6) NWFP.--The term ``NWFP'' means the North West Frontier 
     Province of Pakistan, which has Peshawar as its provincial 
     capital.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) The Islamic Republic of Pakistan has been a critical 
     ally of the United States for more than 4 decades.
       (2) With the free and fair election of February 18, 2008, 
     Pakistan returned to civilian rule after almost 9 years under 
     a military dictatorship.
       (3) After the September 11, 2001, terrorist attacks against 
     the United States, Pakistan chose to partner with the United 
     States in the fight against al Qaeda, the Taliban, and other 
     extremist and terrorist groups.
       (4) Since 2001, the United States has contributed more than 
     $12,000,000,000 to Pakistan to strengthen Pakistan's 
     governance, economy, education system, healthcare services, 
     and military, so as to bring freedom and opportunities to the 
     people of Pakistan while helping to combat terrorism and to 
     counter a domestic insurgency.
       (5) The United States requires a balanced, integrated, 
     countrywide strategy that provides assistance throughout 
     Pakistan and does not disproportionately focus on military 
     assistance or one particular area or province.
       (6) Despite killing or capturing hundreds of al Qaeda 
     operatives and other terrorists--including major al Qaeda 
     leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, 
     and Abu Faraj al-Libi--Pakistan's FATA, parts of the NWFP, 
     Quetta in Balochistan, and Muridke in Punjab remain a 
     sanctuary for al Qaeda, the Afghan Taliban, and affiliated 
     groups from which these groups organize terrorist actions 
     against Pakistan and other countries.
       (7) Pakistan's security forces have recently begun taking 
     concerted action against those who threaten Pakistan's 
     security and stability, with military operations in the 
     Bajour agency in the FATA and in the Swat, Buner, and Dir 
     districts in the NWFP.
       (8) The displacement of over 1,000,000 Pakistanis poses a 
     grave humanitarian crisis and requires the immediate 
     attention of the United Nations, and the strong support of 
     donor nations, to provide food, water, shelter, medicine, 
     sanitation and other emergency services and supplies to the 
     displaced, along with longer-term development assistance.   
     The humanitarian crisis highlights the need for Pakistan to 
     develop an effective national counterinsurgency strategy, in 
     order to mitigate such displacement.

     SEC. 4. DECLARATION OF PRINCIPLES.

       Congress declares that the relationship between the United 
     States and Pakistan should be based on the following 
     principles:
       (1) Pakistan is a critical friend and ally to the United 
     States, both in times of strife and in times of peace, and 
     the two countries share many common goals, including 
     combating terrorism and violent radicalism, solidifying 
     democracy and rule of law in Pakistan, and promoting the 
     social and material well-being of the people of Pakistan.
       (2) United States assistance to Pakistan is intended to 
     supplement, not supplant, Pakistan's own efforts in building 
     a stable, secure, and prosperous Pakistan, and United States 
     assistance will be wholly ineffective without Pakistan's own 
     serious efforts to improve the health, education, and living 
     standards of its population, including maintaining or 
     increasing the financial resources devoted to such efforts.
       (3) The United States supports Pakistan's struggle against 
     extremist elements and recognizes the profound sacrifice made 
     by Pakistan in the fight against terrorism, including the 
     loss of more than 1,600 soldiers since 2001 in combat with al 
     Qaeda, the Taliban, and other extremist and terrorist groups.
       (4) The United States intends to work with the Government 
     of Pakistan--
       (A) to build mutual trust and confidence by actively and 
     consistently pursuing a sustained, long-term, multifaceted 
     relationship between the two countries, devoted to 
     strengthening the mutual security, stability, and prosperity 
     of both countries;
       (B) to support the people of Pakistan and their democratic 
     government in their efforts to consolidate democracy, through 
     strengthening Pakistan's parliament, helping Pakistan 
     reestablish an independent and transparent judicial system, 
     and working to extend the rule of law in all areas in 
     Pakistan;
       (C) to promote long-term development and infrastructure 
     projects, including in healthcare, water management, and 
     energy programs, in all areas of Pakistan, that are sustained 
     and supported by each successive democratic government in 
     Pakistan;
       (D) to encourage sustainable economic development in 
     Pakistan and the integration of Pakistan into the global 
     economy in order to improve the living conditions of the 
     people of Pakistan;
       (E) to ensure that the people of Pakistan, including those 
     living in areas governed by the FCR, have access to public, 
     modernized education and vocational training to enable them 
     to provide for themselves, for their families, and for a more 
     prosperous future for their children;
       (F) to expand people-to-people engagement between the two 
     countries, through increased educational, technical, and 
     cultural exchanges and other methods;
       (G) to ensure transparency of and provide effective 
     accountability for all United States assistance and 
     reimbursements provided to Pakistan;
       (H) to take steps to improve Pakistan's counterterrorism 
     financing and anti-money laundering laws to comply with 
     international standards, to include applying for ``Financial 
     Action Task Force'' observer status and adhering to the 
     United Nations International Convention for the Suppression 
     of the Financing of Terrorism;
       (I) to establish a counterinsurgency and counterterrorism 
     strategy to prevent any territory of Pakistan from being used 
     as a base or conduit for terrorist attacks in Pakistan, or 
     elsewhere, and ensure that madrasas in Pakistan are not used 
     to incite terrorism;
       (J) to ensure that Pakistan has strong and effective law 
     enforcement and national defense forces, under civilian 
     leadership, with sufficient and appropriate security 
     equipment and training to effectively defend Pakistan against 
     internal and external threats;
       (K) to ensure access of United States investigators to 
     individuals suspected of engaging in worldwide proliferation 
     of nuclear materials, as necessary, and restrict such 
     individuals from travel or any other activity that could 
     result in further proliferation;
       (L) to help Pakistan meet its commitment to not support any 
     person or group that conducts violence, sabotage, or other 
     activities meant to instill fear or terror in Pakistan's 
     neighboring countries; and
       (M) to help Pakistan gain control of its under-governed 
     areas and stop any support, direction, guidance to, or 
     acquiescence in the activities of, any person or group that 
     engages in acts of violence or intimidation against 
     civilians, civilian groups, or governmental entities.

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

     SEC. 101. PURPOSES OF ASSISTANCE.

       The purposes of assistance under this title are--
       (1) to demonstrate unequivocally the long-term commitment 
     of the United States to the people of Pakistan and Pakistan's 
     democratic institutions;
       (2) to support the consolidation of democracy, good 
     governance, and the rule of law in Pakistan;
       (3) to help build the capacity of law enforcement forces in 
     Pakistan to combat terrorism and violent militancy and 
     expeditiously investigate, arrest, and prosecute alleged 
     criminals, consistent with the rule of law and due process;
       (4) to further the sustainable and effective economic and 
     social development of Pakistan and the improvement of the 
     living conditions of the people of Pakistan, especially in 
     areas of direct interest and importance to their daily lives;
       (5) to strengthen regional ties between Pakistan and its 
     neighbors by offering concrete nonmilitary assistance for 
     issues of mutual economic and social concern;
       (6) to strengthen Pakistan's public education system, 
     increase literacy, expand opportunities for vocational 
     training, and help create an appropriate national curriculum 
     for all schools in Pakistan;
       (7) to expand people-to-people engagement between the 
     United States and Pakistan, through increased educational, 
     technical, and cultural exchanges and other methods;
       (8) to strengthen respect for internationally recognized 
     human rights in efforts to stabilize the security environment 
     in Pakistan; and
       (9) to promote the rights and empowerment of women and 
     girls in Pakistan, including efforts to increase access to 
     basic healthcare services to address Pakistan's high maternal 
     mortality rate and to increase girls' and women's access to 
     education.

     SEC. 102. AUTHORIZATION OF ASSISTANCE.

       (a) In General.--To carry out the purposes of section 101, 
     the President is authorized to provide assistance for 
     Pakistan to support the activities described in subsection 
     (b).
       (b) Activities Supported.--Activities that may be supported 
     by assistance under subsection (a) include the following:
       (1) Fortifying democratic institutions.--To support, 
     notwithstanding any other provision of law, democratic 
     institutions in Pakistan in order to strengthen civilian rule 
     and long-term stability, including assistance such as--

[[Page H6553]]

       (A) support for efforts to strengthen the National 
     Parliament of Pakistan, including--
       (i) assistance to parliamentary committees to enhance the 
     capacity to conduct public hearings and oversee government 
     activities, including national security issues and the 
     military budget, to solicit input on key public policy 
     issues, and to oversee the conduct of elections;
       (ii) support for the establishment of constituency offices 
     and otherwise promote the responsibility of members of 
     parliament to respond to constituents; and
       (iii) strengthening of the role of parliamentary 
     leadership;
       (B) support for voter education and civil society training, 
     including training with grassroots organizations to enhance 
     the capacity of the organizations to advocate for the 
     development of public policy;
       (C) support for political parties, including increasing 
     their capacity and protecting their right to carry out 
     political activities without restriction (other than 
     reasonable administrative requirements commonly applied in 
     democratic countries) and fostering the responsiveness of 
     such parties to the needs of the people of Pakistan;
       (D) support for strengthening the capacity of the civilian 
     Government of Pakistan to carry out its responsibilities, 
     including supporting the establishment of frameworks that 
     promote government transparency and criminalize corruption in 
     both the government and private sector, audit offices, 
     inspectors general offices, third party monitoring of 
     government procurement processes, whistle-blower protections, 
     and anti-corruption agencies; and
       (E) in particular, support for efforts by the Government of 
     Pakistan to promote governance reforms in the FATA, 
     including--
       (i) extension of the Political Parties Act;
       (ii) local experimentation with methods to transition from 
     the FCR; and
       (iii) long-term development of durable and responsive 
     political institutions.
       (2) Enhancement and strengthening of the judicial system 
     and law enforcement.--To support, notwithstanding any other 
     provision of law, Pakistan's efforts to expand the rule of 
     law and build the capacity, transparency, and trust in 
     government institutions, at the national, provincial, and 
     local levels, including assistance such as--
       (A) support for the rule of law and systemic improvement of 
     judicial and criminal justice institutions, including--
       (i) management of courts;
       (ii) enhanced career opportunities and professional 
     training for judges, public defenders, and prosecutors; and
       (iii) efforts to enhance the rule of law to all areas in 
     Pakistan where the writ of the government is under heightened 
     challenge by terrorists and militants, including through 
     innovations in the delivery of judicial services that enhance 
     the legitimacy of state institutions;
       (B) support for professionalization of the police, 
     including--
       (i) training regarding use of force;
       (ii) education and training regarding human rights;
       (iii) training regarding evidence preservation and chain of 
     custody; and
       (iv) training regarding community policing;
       (C) support for independent law enforcement agencies, such 
     as the Intelligence Bureau of the Ministry of Interior, 
     responsive to civilian control, including--
       (i) enhanced coordination with judicial processes;
       (ii) enhancement of forensics capabilities;
       (iii) data collection and analyses;
       (iv) case tracking and management;
       (v) financial intelligence functions; and
       (vi) maintenance of data systems to track terrorist of 
     criminal activity; and
       (D) strengthening the capacity of the police and other 
     civilian law enforcement agencies to provide a robust 
     response to threats from extremists and terrorists along the 
     frontier and elsewhere in Pakistan, including--
       (i) the development of an elite rapid reaction force which 
     could be deployed on short notice to secure areas that are 
     threatened by militancy; and
       (ii) facilitating improved counterterrorism and 
     counterinsurgency coordination between local government 
     officials, the police, paramilitary, and military leaders.
       (3) Support for broad-based and sustainable economic 
     development.--To support economic development in Pakistan 
     by--
       (A) promoting energy sector reform and development;
       (B) expanding assistance for agricultural and rural 
     development, including farm-to-market roads, systems to 
     prevent spoilage and waste, and other small-scale 
     infrastructure improvements that will enhance supply and 
     distribution networks;
       (C) increasing employment opportunities, including support 
     to small and medium enterprises, microfinance and 
     microenterprise activities, and in particular programs to 
     improve the lives of women and girls;
       (D) preventing youth from turning to extremism and 
     militancy, and promoting the renunciation of such tactics and 
     extremist ideologies, by providing economic, social, 
     educational, and vocational opportunities and life-skills 
     training to at-risk youth; and
       (E) increasing investment in infrastructure, including 
     construction of roads, water resource management systems, 
     irrigation channels, and continued development of a national 
     aviation industry and aviation infrastructure.
       (4) Support to increase local capacity.--To increase the 
     capacity and improve the sustainability of Pakistan's 
     national, provincial, and local governmental and 
     nongovernmental institutions, including assistance to--
       (A) increase and improve the capacity of Pakistan's 
     national, provincial, and local governmental institutions 
     by--
       (i) providing technical assistance to all ministries to 
     improve transparency and ability to respond to the needs of 
     the people of Pakistan; and
       (ii) promoting the implementation of fiscal and personnel 
     management, including revenue tracking and expenditure 
     systems; and
       (B) enhance the capacity of Pakistan's nongovernmental and 
     civil society organizations to respond to the needs of the 
     people of Pakistan by--
       (i) increasing support for local nongovernmental 
     organizations with demonstrated experience in delivering 
     services to the people of Pakistan, particularly to women, 
     children, and other vulnerable populations in Pakistan;
       (ii) providing training and education to local 
     nongovernmental and civil society organizations on ways to 
     identify and improve the delivery of services to the people 
     of Pakistan; and
       (iii) promoting local ownership and participation, 
     including encouraging communities to contribute a percentage 
     of the value of United States projects or activities carried 
     out under this title in the form of labor, in-kind materials, 
     or other provisions.
       (5) Support for public education system.--To support 
     Pakistan's public education system, including--
       (A) implementation of a national education strategy, to 
     include both primary and secondary education, focused on 
     literacy and civic education, including--
       (i) programs to assist development of modern, nationwide 
     school curriculums for public, private, and religious schools 
     that incorporate relevant subjects, such as math, science, 
     literature, and human rights awareness, in addition to 
     agricultural education and training;
       (ii) enhancement of civic education programs focused on 
     political participation, democratic institutions, and 
     tolerance of diverse ethnic and religious groups; and
       (iii) support for the proper oversight of all educational 
     institutions, including madrasas, as required by Pakistani 
     law, including registration with the Ministry of Education 
     and regular monitoring of curriculum by the Ministry of 
     Education to ensure students in Pakistan receive a 
     comprehensive education;
       (B) initiatives to enhance the access to education for 
     women and girls, and to increase women's literacy, with 
     special emphasis on helping girls stay in school;
       (C) funding to the Government of Pakistan to use to 
     increase immediately teacher salaries and to recruit and 
     train teachers and administrators, as well as develop 
     formalized salary scales with merit-based pay increases;
       (D) establishment of vocational and technical programs to 
     enhance employment opportunities;
       (E) encouragement of United States and Pakistani public-
     private partnerships to increase investment in higher 
     education and technical training opportunities;
       (F) construction and maintenance of libraries and public 
     schools, including water sanitation, perimeter walls, and 
     recreation areas;
       (G) provision of textbooks and other learning materials and 
     food assistance for student meals; and
       (H) provision of software to educational institutions and 
     students at the lowest possible cost, specifically targeting 
     universities that specialize in information technology, and 
     women's colleges and women's secondary schools.
       (6) Support for human rights.--To promote respect for and 
     compliance with internationally recognized human rights, 
     including assistance such as--
       (A) programs to strengthen civil society organizations that 
     promote internationally recognized human rights, including 
     religious freedom, freedom of expression, and freedom of 
     association, and that support human rights monitoring;
       (B) promotion of education regarding internationally 
     recognized human rights;
       (C) programs designed to end traditional practices and 
     punishments that are inconsistent with internationally 
     recognized human rights norms and protections, such as honor 
     killings and other forms of cruel and unusual punishments;
       (D) promotion of freedom of religion and religious 
     tolerance, protection of religious minorities, and promotion 
     of freedom of expression and association, including support 
     for responsible independent media;
       (E) promotion of nongovernmental organizations that focus 
     on the protection of women and girls, including women-led 
     organizations and programs that support the participation of 
     women in the national, provincial, and local political 
     process, and programs to end violence against women, 
     including rape;
       (F) technical, legal, and law enforcement assistance for 
     the investigation of past disappearances of individuals in 
     Pakistan and the development of a national data base of such 
     individuals; and
       (G) programs in support and protection of the rights of 
     ethnic minorities in Pakistan, including Baluchis, Sindhis, 
     and Pashtuns, to preserve their language, culture, 
     traditional areas of inhabitancy, and to fight any direct or 
     indirect discrimination.
       (7) Support for refugees and internally displaced 
     persons.--It is the sense of Congress that--
       (A) counterinsurgency operations being carried out by the 
     Government of Pakistan should be designed to minimize 
     civilian casualties and collateral damage to the people of 
     Pakistan and to provide security for the delivery of 
     humanitarian assistance to the affected civilian population;
       (B) the United States should continue to provide robust 
     assistance to the people of Pakistan who have been displaced 
     as a result of ongoing conflict and violence;

[[Page H6554]]

       (C) the United States should support international efforts 
     to coordinate assistance to refugees and internally displaced 
     persons in Pakistan, including by providing support to 
     international and nongovernmental organizations for this 
     purpose;
       (D) the Administrator of the United States Agency for 
     International Development should support the development 
     objectives of the Refugee Affected and Host Areas (RAHA) 
     Initiative in Pakistan to address livelihoods, heath, 
     education, infrastructure development, and environmental 
     restoration in identified parts of the country where Afghan 
     refugees have lived; and
       (E) the Administrator of the United States Agency for 
     International Development should evaluate the effectiveness 
     of the livelihoods projects in the FATA in order to determine 
     whether systems need to be put into place to improve 
     programming in this key sector.
       (8) Support for healthcare efforts.--To provide urgently 
     needed healthcare assistance to the people of Pakistan, 
     including assistance to supplement the Government of 
     Pakistan's efforts to eliminate diseases, including 
     hepatitis, and to reduce the nation's high maternal and 
     under-five mortality rates, including--
       (A) support for repairing and building healthcare 
     infrastructure, including purchase of equipment and training 
     of health professionals, to ensure adequate access to 
     healthcare for Pakistan's population, especially among its 
     rural, poor, marginalized and disadvantaged segments; and
       (B) promotion of efforts by the Government of Pakistan to 
     reduce maternal mortality, including through the provision of 
     maternal and newborn health services and development of 
     community-based skilled birth attendants.
       (9) Support for public diplomacy.--To implement a more 
     effective public diplomacy strategy in Pakistan in order to 
     ensure that the Pakistani public recognizes that it is in 
     Pakistan's own interest to partner with the United States and 
     other like-minded countries to combat militant extremism, as 
     well as to promote a better understanding of the United 
     States, including through the following:
       (A) Partnering with the Government of Pakistan to highlight 
     the negative behavior of insurgent groups and to encourage 
     civil society, respected scholars, and other leaders to speak 
     out against militancy and violence.
       (B) Providing technical assistance to the Government of 
     Pakistan to both disrupt and provide alternatives to the 
     illegal FM radio stations used by insurgent groups in the 
     FATA and adjacent districts of the NWFP.
       (C) Expanded exchange activities under the Fulbright 
     Program, the International Visitor Leadership Program, the 
     Youth Exchange and Study Program, and related programs 
     administered by the Department of State designed to promote 
     mutual understanding and interfaith dialogue.
       (D) Expansion of sister institution programs between United 
     States and Pakistani schools and universities, towns and 
     cities, and other organizations in such fields as medicine 
     and healthcare, business management, environmental 
     protection, information technology, and agriculture.
       (E) Additional scholarships to enable students to study in 
     the United States.

     SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN.

       To the extent that Pakistan continues to evolve toward 
     civilian control of the government and to develop and 
     implement comprehensive economic reform programs, the 
     President should do the following:
       (1) Multilateral support.--Take the lead in mobilizing 
     international financial institutions, in particular the 
     International Monetary Fund and affiliated institutions in 
     the World Bank group, to provide timely and appropriate 
     resources to help Pakistan.
       (2) Stabilization assistance.--In conjunction with other 
     governments and international financial institutions 
     (including the International Monetary Fund), support the 
     implementation of a plan of the Government of Pakistan to 
     attack structural economic problems, address pressing social 
     problems, carry out comprehensive economic reform, and 
     relieve immediate and urgent balance of payments requirements 
     in Pakistan.
       (3) Currency stabilization loans.--Provide leadership in 
     supporting multilateral agreements to provide government-to-
     government loans for currency stabilization in Pakistan if 
     the loans can reduce inflation and thereby foster conditions 
     necessary for the effective implementation of economic 
     reforms.

     SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund to be known as the 
     ``Pakistan Democracy and Prosperity Fund'' (hereinafter in 
     this section referred to as the ``Fund''), consisting of such 
     amounts as may be appropriated or transferred to the Fund as 
     provided in this section and which may be used for purposes 
     of this title.
       (b) Transfers to Fund.--The Fund shall consist of the 
     following:
       (1) Amounts appropriated to carry out this title.
       (2) Amounts appropriated on or after the date of the 
     enactment of this Act for ``Development Assistance'', 
     ``Global Health and Child Survival'', and the ``Economic 
     Support Fund'' for assistance for Pakistan under the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are 
     transferred by the President to the Fund pursuant to 
     subsection (d).
       (3) To the extent or in the amounts provided in advance in 
     appropriations Acts, amounts accepted by the President under 
     subsection (c) that are transferred by the President to the 
     Fund pursuant to subsection (d).
       (c) Acceptance of Amounts From Outside Sources.--The 
     President may accept funds from non-United States Government 
     sources, including foreign governments, nongovernmental 
     organizations, private business entities, and private 
     individuals, for purposes of carrying out this title.
       (d) Status of Availability of Amounts in Fund.--The 
     President is authorized to transfer to the Fund amounts under 
     paragraphs (2) and (3) of subsection (b). Such amounts shall 
     be merged with and shall be available for any purpose for 
     which any of the amounts so transferred are available.
       (e) Report.--The President shall transmit to the 
     appropriate congressional committees not later than 180 days 
     after the date of the enactment of this Act, and every 180 
     days thereafter until September 30, 2018, a report on 
     programs, projects, and activities carried out using amounts 
     obligated and expended from the Fund.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the President to carry out this title $1,500,000,000 for each 
     of the fiscal years 2010 through 2013.
       (b) Availability.--Amounts authorized to be appropriated to 
     carry out this title for a fiscal year are--
       (1) authorized to remain available until September 30 of 
     the succeeding fiscal year; and
       (2) in addition to amounts otherwise available for such 
     purposes.
       (c) Sense of the Congress.--It is the sense of Congress 
     that United States assistance provided under this title 
     should be made available on a proportional and equitable 
     basis between the FATA and other regions of Pakistan.

               TITLE II--SECURITY ASSISTANCE FOR PAKISTAN

     SEC. 201. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) United States security assistance for Pakistan should 
     be used to improve relationships between United States 
     military and Pakistani military personnel, including outreach 
     to the ``lost generation'' of Pakistan's officers who did not 
     attend United States-sponsored training as a result of 
     restrictions placed on United States assistance for Pakistan 
     due to Pakistan's possession of a nuclear device; and
       (2) United States security assistance for Pakistan should 
     be fully accountable, should be contingent on Pakistan ending 
     support for terrorist groups, and should meet the national 
     security needs of Pakistan.

     SEC. 202. PURPOSES OF ASSISTANCE.

       The purposes of assistance under this title are--
       (1) to support Pakistan's paramount national security need 
     to fight and win the ongoing counterinsurgency within its 
     borders;
       (2) to work with the Government of Pakistan to protect and 
     secure Pakistan's borders and prevent any Pakistani territory 
     from being used as a base or conduit for terrorist attacks in 
     Pakistan, or elsewhere;
       (3) to work in close cooperation with the Government of 
     Pakistan to coordinate action against extremist and terrorist 
     targets; and
       (4) to develop knowledge of and appreciation for democratic 
     governance and a military that is controlled by and 
     responsible to democratically elected civilian leadership.

     SEC. 203. AUTHORIZATION OF ASSISTANCE.

       (a) International Military Education and Training.--
       (1) In general.--Of the amounts authorized to be 
     appropriated to carry out this title not less than $4,000,000 
     for fiscal year 2010 and such sums as may be necessary for 
     each of the fiscal years 2011 through 2013 are authorized to 
     be made available for assistance under chapter 5 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et 
     seq.; relating to international military education and 
     training) for Pakistan, including expanded international 
     military education and training (commonly known as ``E-
     IMET'').
       (2) Use of funds.--Not less than 30 percent of the amount 
     made available to carry out this subsection for a fiscal year 
     may be used to pay for courses of study and training in 
     counterinsurgency and civil-military relations.
       (b) Foreign Military Financing Program.--
       (1) In general.--Of the amounts authorized to be 
     appropriated to carry out this title, not less than 
     $300,000,000 for fiscal year 2010 and such sums as may be 
     necessary for each of the fiscal years 2011 through 2013 are 
     authorized to be made available for grant assistance under 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
     relating to the Foreign Military Financing program) for the 
     purchase of defense articles, defense services, and military 
     education and training for Pakistan.
       (2) Use of funds.--Not less than 75 percent of the amount 
     made available to carry out this subsection for a fiscal year 
     may be used for the purchase of defense articles, defense 
     services, and military education and training for activities 
     relating to counterinsurgency and counterterrorism operations 
     in Pakistan. Such articles, services, and military education 
     and training may include the following:
       (A) Aviation maintenance and logistics support for United 
     States-origin and United States-supported rotary wing 
     aircraft and upgrades to such aircraft to include modern 
     night vision and targeting capabilities.
       (B) Intelligence, surveillance, and reconnaissance (ISR) 
     ground and air manned and unmanned platforms, including 
     sustainment.
       (C) Command and control capabilities.
       (D) Force protection and counter improvised explosive 
     device capabilities, including protection of vehicles.
       (E) Protective equipment, such as body armor and helmets, 
     night vision goggles, and other individual equipment, 
     including load-bearing equipment, individual and unit level 
     first aid

[[Page H6555]]

     equipment, ballistic eye protection, and cold weather 
     equipment.
       (F) Appropriate individual and unit level medical services 
     and articles for the Pakistan Army, the Pakistan Frontier 
     Corps, and other appropriate security forces.
       (G) Assistance to enable the Pakistani military to 
     distribute humanitarian assistance and establish a tactical 
     civil-military operations capability, including a civil 
     affairs directorate.
       (3) Restriction relating to f-16 program.--
       (A) Congressional finding.--In accordance with the Letters 
     of Offer and Acceptance signed between the United States and 
     Pakistan in 2006, Congress finds that the Government of 
     Pakistan is responsible for making the remaining payments on 
     the 2006 sales relating to F-16 fighter aircraft and 
     associated equipment with its own national funds, including 
     the mid-life updates and munitions for such aircraft included 
     in such Letters of Offer and Acceptance.
       (B) Restriction.--Subject to subparagraph (C), amounts 
     authorized to be made available under this subsection for a 
     fiscal year may not be used for the purchase of, or upgrade 
     to, F-16 fighter aircraft or munitions for such aircraft.
       (C) Exception.--Amounts authorized to be made available 
     under this subsection for a fiscal year are authorized to be 
     used for military construction pursuant to the security plan 
     contained in the Letters of Offer and Acceptance signed 
     between the United States and Pakistan in 2006.
       (D) Waiver.--The President may waive the restriction under 
     subparagraph (B) with respect to amounts authorized to be 
     made available under this subsection for a fiscal year, other 
     than amounts authorized to be made available under paragraph 
     (2) of this subsection, if the President certifies to the 
     appropriate congressional committees not later than 15 days 
     prior to exercising the authority of this subparagraph that 
     the waiver is important to the national security interests of 
     the United States.
       (4) Security assistance plan.--Not later than 180 days 
     after the date of the enactment of this Act, the President 
     shall transmit to the appropriate congressional committees a 
     plan for the proposed use of amounts authorized to be made 
     available under this subsection for each of the fiscal years 
     2010 through 2013. Such plan shall include an assessment of 
     how the use of such amounts complements or otherwise is 
     related to amounts described in section 204.
       (5) Additional authority.--Except as provided in section 
     3(a)(2) of the Arms Export Control Act and except as 
     otherwise provided in this title, amounts authorized to be 
     made available to carry out paragraph (2) for fiscal years 
     2010 and 2011 are authorized to be made available 
     notwithstanding any other provision of law.
       (6) Definitions.--In this section, the terms ``defense 
     articles'', ``defense services'', and ``military education 
     and training'' have the meaning given such terms in section 
     644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should facilitate Pakistan's establishment 
     of a program to enable the Pakistani military to provide 
     reconstruction assistance in areas damaged by combat 
     operations.

     SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.

       (a) For Fiscal Year 2010.--
       (1) In general.--For fiscal year 2010, the Department of 
     State's Pakistan Counterinsurgency Capability Fund, 
     hereinafter in this section referred to as the ``Fund'', 
     shall consist of the following:
       (A) Amounts appropriated to carry out this subsection.
       (B) Amounts otherwise available to the Secretary of State 
     to carry out this subsection.
       (2) Purposes of fund.--Amounts in the Fund made available 
     to carry out this subsection for any fiscal year are 
     authorized to be used by the Secretary of State, with the 
     concurrence of the Secretary of Defense, to build and 
     maintain the counterinsurgency capability of Pakistan under 
     the same terms and conditions (except as otherwise provided 
     in this subsection) that are applicable to amounts made 
     available under the Fund for fiscal year 2009.
       (3) Transfer authority.--
       (A) In general.--The Secretary of State is authorized to 
     transfer amounts in the Fund made available to carry out this 
     subsection for any fiscal year to the Department of Defense's 
     Pakistan Counterinsurgency Fund.
       (B) Treatment of transferred funds.--Subject to the 
     requirements of paragraph (4), transfers from the Fund under 
     the authority of subparagraph (A) shall be merged with and be 
     available for the same purposes and for the same time period 
     as amounts in the Department of Defense's Pakistan 
     Counterinsurgency Fund.
       (C) Relation to other authorities.--The authority to make 
     transfers from the Fund under subparagraph (A) is in addition 
     to any other transfer of funds authority of the Department of 
     State. The authority to provide assistance under this 
     subsection is in addition to any other authority to provide 
     assistance to foreign countries.
       (D) Notification.--The Secretary of State shall, not less 
     than 15 days prior to making transfers from the Fund under 
     subparagraph (A), notify the appropriate congressional 
     committees in writing of the details of any such transfer.
       (4) Restriction.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund made available to carry out this subsection for any 
     fiscal year may not be used to purchase F-16 fighter 
     aircraft, to purchase mid-life updates for such aircraft, or 
     to make payments on the sales of F-16 fighter aircraft and 
     associated equipment described in section 203(b)(3)(A).
       (B) Exception.--Amounts in the Fund made available to carry 
     out this subsection for any fiscal year are authorized to be 
     used for military construction activities.
       (C) Waiver.--The President may waive the restriction under 
     subparagraph (A) with respect to amounts described in 
     subparagraph (A) if the President certifies to the 
     appropriate congressional committees not later than 15 days 
     prior to exercising the authority of this subparagraph that 
     the waiver is important to the national security interests of 
     the United States.
       (5) Authorization of appropriations.--For fiscal year 2010, 
     $300,000,000 is hereby authorized to be appropriated to carry 
     out this subsection.
       (b) Submission of Notifications.--Any notification required 
     by this section shall be submitted in classified form, but 
     may include a unclassified annex if necessary.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate.

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

       (a) In General.--The Secretary of State is authorized to 
     establish an exchange program between--
       (1) military and civilian personnel of Pakistan, and
       (2)(A) military and civilian personnel of countries 
     determined by the Secretary of State to be in transition to 
     democracy, or
       (B) military and civilian personnel of North Atlantic 
     Treaty Organization member countries,

     in order to foster greater respect for and understanding of 
     the principle of civilian rule of Pakistan's military. The 
     program established under this subsection shall be known as 
     the ``Pakistan Military Transition Program''.
       (b) Elements of Program.--The program authorized under 
     subsection (a) may include--
       (1) conferences, seminars, and other events;
       (2) distribution of publications; and
       (3) reimbursement of expenses of foreign military personnel 
     participating in the program, including transportation 
     expenses, translation services expenses, and administrative 
     expenses relating to the program.
       (c) Role of Nongovernmental Organizations.--Amounts 
     authorized to be appropriated to carry out this title for a 
     fiscal year are authorized to be made available for 
     nongovernmental organizations to facilitate the 
     implementation of the program authorized under subsection 
     (a).

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

       (a) Prohibition on Use of Funds.--None of the funds 
     authorized to be appropriated for military assistance to 
     Pakistan for fiscal year 2011 and each fiscal year thereafter 
     may be obligated or expended if the President has not made 
     the determinations described in subsection (b) for such 
     fiscal year.
       (b) Determinations Regarding Enhanced Cooperation Between 
     the United States and Pakistan.--The determinations referred 
     to in subsection (a) are--
       (1) a determination by the President at the beginning of 
     each fiscal year that the Government of Pakistan is 
     continuing to cooperate with the United States in efforts to 
     dismantle supplier networks relating to the acquisition of 
     nuclear weapons-related materials, including, as necessary, 
     providing direct access to Pakistani nationals associated 
     with such networks; and
       (2) a determination by the President at the beginning of 
     each fiscal year that the Government of Pakistan during the 
     preceding fiscal year has demonstrated a sustained commitment 
     to and making progress towards combating terrorist groups, 
     including taking into account the progress the Government of 
     Pakistan has made with regard to--
       (A) ceasing support, including by any elements within the 
     Pakistan military or its intelligence agency, to extremist 
     and terrorist groups, particularly to any group that has 
     conducted attacks against United States or coalition forces 
     in Afghanistan, or against the territory or people of 
     neighboring countries;
       (B) closing terrorist camps in the FATA, dismantling 
     terrorist bases of operations in other parts of the country, 
     including Quetta and Muridke, and taking action when provided 
     with intelligence about high-level terrorist targets;
       (C) preventing cross-border attacks into neighboring 
     countries; and
       (D) strengthening counter-terrorism and anti-money 
     laundering laws.
       (c) Waiver.--The President may waive the restriction under 
     subsection (a) for any fiscal year if the President certifies 
     to the appropriate congressional committees 15 days before 
     the President exercises the authority of this subsection that 
     the provision of military assistance to Pakistan is important 
     to the national security interests of the United States.
       (d) Consultation and Written Justification.--Not later than 
     5 days prior to making a determination described in 
     subsection (b), the President shall consult with the 
     appropriate congressional committees and, upon making such 
     determination, shall submit to the appropriate congressional 
     committees a written justification that specifies the basis 
     upon which the President made such a determination, including 
     an acknowledgment of the extent to which the Government of 
     Pakistan has made progress with regard to subsection (b)(2). 
     The justification shall be unclassified but may include a 
     classified annex.
       (e) GAO Analysis and Report.--Not later than 120 days after 
     the President makes the determinations described in 
     subsection (b), the

[[Page H6556]]

     Comptroller General of the United States shall conduct an 
     independent analysis of each of the determinations under 
     subsection (b) and written justifications for such 
     determinations under subsection (d) and shall submit to the 
     appropriate congressional committees a report containing the 
     results of the independent analysis.
       (f) Definitions.--For purposes of this section--
       (1) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Oversight and Government 
     Reform, and the Permanent Select Committee on Intelligence of 
     the House of Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the term ``military assistance''--
       (A) means assistance authorized under section 23 of the 
     Arms Export Control Act (22 U.S.C. 2763; relating to the 
     Foreign Military Financing program), including assistance 
     authorized under section 203(b) of this Act and assistance 
     authorized under part II of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2301 et seq.), other than assistance 
     authorized under chapter 5 of part II of such Act (22 U.S.C. 
     2347 et seq.); but
       (B) does not include assistance authorized under any 
     provision of law that is funded from accounts within budget 
     function 050 (National Defense).

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the President to carry out this title, other than section 
     204, $400,000,000 for fiscal year 2010 and such sums as may 
     be necessary for each of the fiscal years 2011 through 2013.
       (b) Relation to Other Available Funds.--Amounts authorized 
     to be appropriated to carry out this title for a fiscal year 
     are in addition to amounts otherwise available for such 
     purposes.

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRATEGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     the achievement of United States national security goals to 
     eliminate terrorist threats and close safe havens in Pakistan 
     requires the development of a comprehensive plan that 
     utilizes all elements of national power, including in 
     coordination and cooperation with other concerned 
     governments, and that it is critical to Pakistan's long-term 
     prosperity and security to strengthen regional relationships 
     among India, Pakistan, and Afghanistan.
       (b) Comprehensive Regional Security Strategy.--The 
     President shall develop a comprehensive regional security 
     strategy to eliminate terrorist threats and close safe havens 
     in Pakistan, including by working with the Government of 
     Pakistan and other relevant governments and organizations in 
     the region and elsewhere, as appropriate, to best implement 
     effective counterinsurgency and counterterrorism efforts in 
     and near the border areas of Pakistan and Afghanistan, 
     including the FATA, NWFP, parts of Balochistan, and parts of 
     Punjab.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a report on the 
     comprehensive regional security strategy required under 
     subsection (b).
       (2) Contents.--The report shall include a copy of the 
     comprehensive regional security strategy, including 
     specifications of goals, and proposed timelines and budgets 
     for implementation of the strategy.
       (d) Definition.--For purposes of this section, the term 
     ``appropriate congressional committees'' means the Committees 
     on Foreign Affairs and Armed Services of the House of 
     Representatives and the Committees on Foreign Relations and 
     Armed Services of the Senate.

     SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE.

       (a) Definitions.--In this section:
       (1) Impact evaluation research.--The term ``impact 
     evaluation research'' means the application of research 
     methods and statistical analysis to measure the extent to 
     which change in a population-based outcome can be attributed 
     to program intervention instead of other environmental 
     factors.
       (2) Operations research.--The term ``operations research'' 
     means the application of social science research methods, 
     statistical analysis, and other appropriate scientific 
     methods to judge, compare, and improve policies and program 
     outcomes, from the earliest stages of defining and designing 
     programs through their development and implementation, with 
     the objective of the rapid dissemination of conclusions and 
     concrete impact on programming.
       (3) Program monitoring.--The term ``program monitoring'' 
     means the collection, analysis, and use of routine program 
     data to determine how well a program is carried out and how 
     much the program costs.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) to successfully enhance democracy and the rule of law 
     in Pakistan, defeat extremist elements, and ensure the 
     protection of human rights, the President should establish a 
     program to conduct impact evaluation research, operations 
     research, and program monitoring to ensure effectiveness of 
     assistance provided under title I of this Act;
       (2) long-term solutions to Pakistan's security problems 
     depend on increasing the effectiveness and responsiveness of 
     civilian institutions in Pakistan, including the parliament 
     and judicial system;
       (3) a specific program of impact evaluation research, 
     operations research, and program monitoring, established at 
     the inception of the program, is required to permit 
     assessment of the operational effectiveness of impact of 
     United States assistance towards these goals; and
       (4) the President, in developing performance measurement 
     methods under the impact evaluation research, operations 
     research, and program monitoring, should consult with the 
     appropriate congressional committees as well as the 
     Government of Pakistan.
       (c) Impact Evaluation Research, Operations Research and 
     Program Monitoring of Assistance.--The President shall 
     establish and implement a program to assess the effectiveness 
     of assistance provided under title I of this Act through 
     impact evaluation research on a selected set of programmatic 
     interventions, operations research in areas to ensure 
     efficiency and effectiveness of program implementation, and 
     monitoring to ensure timely and transparent delivery of 
     assistance.
       (d) Requirements.--The program required under subsection 
     (c) shall include--
       (1) a delineation of key impact evaluation research and 
     operations research questions for main components of 
     assistance provided under title I of this Act;
       (2) an identification of measurable performance goals for 
     each of the main components of assistance provided under 
     title I of this Act to be expressed in an objective and 
     quantifiable form at the inception of the program;
       (3) the use of appropriate methods, based on rigorous 
     social science tools, to measure program impact and 
     operational efficiency; and
       (4) adherence to a high standard of evidence in developing 
     recommendations for adjustments to the assistance to enhance 
     the impact of the assistance.
       (e) Assistance To Enhance the Capacity of Pakistan.--In 
     carrying out the program required under subsection (c), the 
     President is authorized to provide assistance to enhance the 
     capacity of the Government of Pakistan to monitor and 
     evaluate programs carried out by the national, provincial, 
     and local governments in Pakistan in order to maximize the 
     long-term sustainable development impact of such programs.
       (f) Consultation With Congress.--Not later than 120 days 
     after the date of the enactment of this Act, the President 
     shall brief and consult with the appropriate congressional 
     committees regarding the progress in establishing and 
     implementing the program required under subsection (c).
       (g) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated under section 105 for each of 
     the fiscal years 2010 through 2013, up to 5 percent of such 
     amounts for such fiscal year is authorized to be made 
     available to carry out this section for the fiscal year.

     SEC. 303. AUDITING.

       (a) Assistance Authorized.--The Inspector General of the 
     Department of State and the Inspector General of the United 
     States Agency for International Development shall audit, 
     investigate, and oversee the obligation and expenditure of 
     funds to carry out title I of this Act.
       (b) Requirement for In-Country Presence.--The Inspector 
     General of the Department of State and the Inspector General 
     of the United States Agency for International Development, 
     after consultation with the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, are authorized to establish field offices in 
     Pakistan with sufficient staff from each of the Offices of 
     the Inspector General in Pakistan respectively to carry out 
     subsection (a).
       (c) Authorization of Appropriations.--
       (1) In general.--Of the amounts authorized to be 
     appropriated under section 105 for each of the fiscal years 
     2010 through 2013, not less than $2,000,000 for each fiscal 
     year is authorized to be made available to the Office of the 
     Inspector General of the Department of State and not less 
     than $2,000,000 for each fiscal year is authorized to be made 
     available to the Office of the Inspector General of the 
     United States Agency for International Development to carry 
     out this section.
       (2) Relation to other available funds.--Amounts made 
     available under paragraph (1) are in addition to amounts 
     otherwise available for such purposes.

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

       (a) Requirements.--Any direct assistance provided or 
     payments made on or after January 1, 2010, by the United 
     States to the Government of Pakistan, and any information 
     required by the United States prior to providing the 
     assistance or making the payments, may only be provided or 
     made to, or received from, civilian authorities of a 
     government of Pakistan constituted through a free and fair 
     election. For purposes of this subsection, a government of 
     Pakistan constituted through a free and fair election is a 
     government that is determined by the President to have been 
     elected in a free and fair manner, taking into account the 
     laws and constitution of Pakistan and internationally 
     recognized standards.
       (b) Waiver.--The President may waive--
       (1) the requirements under subsection (a), or
       (2) the requirements under any other provision of law that 
     restricts assistance to the government of any country whose 
     duly elected head of government is deposed by military coup 
     or decree, as such provision of law applies with respect to 
     the Government of Pakistan,

     if the President certifies to the appropriate congressional 
     committees that the waiver is important to the national 
     security interests of the United States.
       (c) Rule of Construction.--Nothing in this section shall 
     apply with respect to any activities subject to reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means

[[Page H6557]]

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

     SEC. 305. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Secretary of State, with the concurrence of the 
     Secretary of Defense, should establish a coordinated, 
     strategic communications strategy to engage the people of 
     Pakistan--one that is fully funded, staffed, and 
     implemented--to help ensure the success of the measures 
     authorized by this Act; and
       (2) the strategy should have clear and achievable 
     objectives, based on available resources, and should be 
     overseen by the United States Chief of Mission in Pakistan.

     SEC. 306. REPORTS.

       (a) Report by President.--
       (1) In general.--The President shall transmit to the 
     appropriate congressional committees a report on assistance 
     provided under titles I and II of this Act during the 
     preceding fiscal year. The first report shall be transmitted 
     not later than 180 days after the date of the enactment of 
     this Act and subsequent reports shall be transmitted not 
     later than December 31 of each year thereafter.
       (2) Matters to be included.--The report required under 
     subsection (a) shall include the following:
       (A) A detailed description of the assistance by program, 
     project, and activity, as well as by geographic area.
       (B) A general description of the performance goals 
     established under section 302 and the progress made in 
     meeting the goals.
       (C) An evaluation of efforts undertaken by the Government 
     of Pakistan to--
       (i) disrupt, dismantle, and defeat al Qaeda, the Taliban, 
     and other extremist and terrorist groups in the FATA and 
     settled areas;
       (ii) close terrorist camps, including those of Jamaat-ud-
     Dawa, Lashkar-e-Taiba, and Jaish-e-Mohammed;
       (iii) cease all support for extremist and terrorist groups;
       (iv) prevent cross-border attacks;
       (v) increase oversight over curriculum in madrasas, 
     including closing madrasas with direct links to the Taliban 
     or other extremist and terrorist groups; and
       (vi) improve counter-terrorism financing and anti-money 
     laundering laws, apply for observer status for the Financial 
     Action Task Force, and steps taken to adhere to the United 
     Nations International Convention for the Suppression of 
     Financing of Terrorism.
       (D) A detailed description of Pakistan's efforts to prevent 
     proliferation of nuclear-related material and expertise.
       (E) An assessment of whether assistance provided to 
     Pakistan pursuant to this Act has directly or indirectly 
     aided the expansion of Pakistan's nuclear weapons program, 
     whether by the diversion of United States assistance or the 
     reallocation of Pakistan financial resources that would 
     otherwise be spent for programs and activities unrelated to 
     its nuclear weapons program.
       (F) A description of the transfer or purchase of military 
     equipment pursuant to title II of this Act, including--
       (i) a list of equipment provided; and
       (ii) a detailed description of the extent to which funds 
     obligated and expended pursuant to section 203(b) meet the 
     requirements of such section.
       (G) An analysis of a suitable replacement for the AH-1F and 
     AH-1S Cobra attack helicopters, which includes 
     recommendations for sustainment, training, and any other 
     matters determined to be appropriate.
       (H) An assessment of the extent to which the Government of 
     Pakistan exercises effective civilian control of the 
     military, including a description of the extent to which 
     civilian executive leaders and parliament exercise oversight 
     and approval of military budgets, the chain of command, the 
     process of promotion for senior military leaders, civilian 
     involvement in strategic guidance and planning, and military 
     involvement in civil administration.
       (b) Report by Comptroller General.--
       (1) In general.--Not later than April 1, 2011, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report evaluating the 
     effectiveness of security assistance provided to Pakistan 
     under title II of this Act during fiscal years 2010 and 2011.
       (2) Matters to be included.--The report required under 
     subsection (a) shall include the following:
       (A) A detailed description of the expenditures made by 
     Pakistan pursuant to grant assistance under section 23 of the 
     Arms Export Control Act (22 U.S.C. 2763; relating to the 
     Foreign Military Financing program).
       (B) An assessment of the impact of the assistance on the 
     security and stability of Pakistan.
       (C) An evaluation of any issues of financial impropriety on 
     behalf of personnel implementing the assistance.
       (D) An assessment of the extent to which civilian 
     authorities are involved in administration of the assistance 
     provided by the United States.

     SEC. 307. SUNSET.

       The authority of this Act, other than section 104 and title 
     IV of this Act, shall expire after September 30, 2013.

  TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION 
             OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Afghanistan-Pakistan 
     Security and Prosperity Enhancement Act''.

     SEC. 402. DEFINITIONS; PURPOSES.

       (a) Definitions.--In this title:
       (1) Agreement on textiles and clothing.--The term 
     ``Agreement on Textiles and Clothing'' means the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
       (2) Category; textile and apparel category number.--The 
     terms ``category'' and ``textile and apparel category 
     number'' mean the number assigned under the U.S. Textile and 
     Apparel Category System of the Office of Textiles and Apparel 
     of the Department of Commerce, as listed in the HTS under the 
     applicable heading or subheading (as in effect on September 
     1, 2007).
       (3) Core labor standards.--The term ``core labor 
     standards'' means--
       (A) freedom of association;
       (B) the effective recognition of the right to bargain 
     collectively;
       (C) the elimination of all forms of compulsory or forced 
     labor;
       (D) the effective abolition of child labor and a 
     prohibition on the worst forms of child labor; and
       (E) the elimination of discrimination in respect of 
     employment and occupation.
       (4) Entered.--The term ``entered'' means entered, or 
     withdrawn from warehouse for consumption, in the customs 
     territory of the United States.
       (5) Entity.--The term ``entity'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, any other 
     nongovernmental entity, organization, or group, whether or 
     not for profit;
       (B) any governmental entity or instrumentality of a 
     government; and
       (C) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (A) or (B).
       (6) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (7) NAFTA.--The term ``NAFTA'' means the North American 
     Free Trade Agreement concluded between the United States, 
     Mexico, and Canada on December 17, 1992.
       (8) Reconstruction opportunity zone.--The term 
     ``Reconstruction Opportunity Zone'' means any area that--
       (A) solely encompasses portions of the territory of--
       (i) Afghanistan; or
       (ii) 1 or more of the following areas of Pakistan:

       (I) the Federally Administered Tribal Areas;
       (II) areas of Pakistan-administered Kashmir that the 
     President determines were harmed by the earthquake of October 
     8, 2005;
       (III) areas of Baluchistan that are within 100 miles of 
     Pakistan's border with Afghanistan; and
       (IV) the North West Frontier Province;

       (B) has been designated by the competent authorities in 
     Afghanistan or Pakistan, as the case may be, as an area in 
     which merchandise may be introduced without payment of duty 
     or excise tax; and
       (C) has been designated by the President as a 
     Reconstruction Opportunity Zone pursuant to section 403(a).
       (b) Purposes.--The purposes of this title are--
       (1) to stimulate economic activity and development in 
     Afghanistan and the border region of Pakistan, critical 
     fronts in the struggle against violent extremism;
       (2) to reflect the strong support that the United States 
     has pledged to Afghanistan and Pakistan for their sustained 
     commitment in the global war on terrorism;
       (3) to support the 3-pronged United States strategy in 
     Afghanistan and the border region of Pakistan that leverages 
     political, military, and economic tools, with Reconstruction 
     Opportunity Zones as a critical part of the economic 
     component of that strategy; and
       (4) to offer a vital opportunity to improve livelihoods of 
     indigenous populations of Reconstruction Opportunity Zones, 
     promote good governance, improve economic and commercial ties 
     between the people of Afghanistan and Pakistan, and 
     strengthen the Governments of Afghanistan and Pakistan.

     SEC. 403. DESIGNATION OF RECONSTRUCTION OPPORTUNITY ZONES.

       (a) Authority To Designate.--The President is authorized to 
     designate an area within Afghanistan or Pakistan described in 
     section 402(a)(8) (A) and (B) as a Reconstruction Opportunity 
     Zone if the President determines that--
       (1) Afghanistan or Pakistan, as the case may be, meets the 
     eligibility criteria set forth in subsection (b);
       (2) Afghanistan or Pakistan, as the case may be, meets the 
     eligibility criteria set forth in subsection (c) of section 
     502 of the Trade Act of 1974 (19 U.S.C. 2462(c)) for 
     designation as a beneficiary developing country under that 
     section and is not ineligible under subsection (b) of such 
     section; and
       (3) designation of the area as a Reconstruction Opportunity 
     Zone is appropriate taking into account the factors listed in 
     subsection (c).
       (b) Eligibility Criteria.--Afghanistan or Pakistan, as the 
     case may be, meets the eligibility criteria set forth in this 
     subsection if that country--
       (1) has established, or is making continual progress toward 
     establishing--
       (A) a market-based economy that protects private property 
     rights, incorporates an open rules-based trading system, and 
     minimizes government interference in the economy through 
     measures such as price controls, subsidies, and government 
     ownership of economic assets;
       (B) the rule of law, political pluralism, and the right to 
     due process, a fair trial, and equal protection under the 
     law;
       (C) economic policies to--
       (i) reduce poverty;
       (ii) increase the availability of health care and 
     educational opportunities;

[[Page H6558]]

       (iii) expand physical infrastructure;
       (iv) promote the development of private enterprise; and
       (v) encourage the formation of capital markets through 
     microcredit or other programs;
       (D) a system to combat corruption and bribery, such as 
     ratifying and implementing the United Nations Convention 
     Against Corruption; and
       (E) protection of core labor standards and acceptable 
     conditions of work with respect to minimum wages, hours of 
     work, and occupational health and safety;
       (2) is eliminating or has eliminated barriers to trade and 
     investment, including by--
       (A) providing national treatment and measures to create an 
     environment conducive to domestic and foreign investment;
       (B) protecting intellectual property; and
       (C) resolving bilateral trade and investment disputes;
       (3) does not engage in activities that undermine United 
     States national security or foreign policy interests;
       (4) does not engage in gross violations of internationally 
     recognized human rights;
       (5) does not provide support for acts of international 
     terrorism; and
       (6) cooperates in international efforts to eliminate human 
     rights violations and terrorist activities.
       (c) Additional Factors.--In determining whether to 
     designate an area in Afghanistan or Pakistan as a 
     Reconstruction Opportunity Zone, the President shall take 
     into account--
       (1) an expression by the government of the country of its 
     desire to have a particular area designated as a 
     Reconstruction Opportunity Zone under this title;
       (2) the capability of the country to establish a program in 
     the area meeting the requirements of section 407(d)(3) based 
     on assessments undertaken by the Secretary of Labor and the 
     government of the country of such factors as--
       (A) the geographical suitability of the area for such a 
     program;
       (B) the nature of the labor market in the area;
       (C) skills requirements and infrastructure needs for 
     operation of such a program in the area; and
       (D) all other relevant information;
       (3) whether the government of the country has provided the 
     United States with a monitoring and enforcement plan 
     outlining specific steps the country will take to cooperate 
     with the United States to--
       (A) facilitate legitimate cross-border commerce;
       (B) ensure that articles for which duty-free treatment is 
     sought pursuant to this title satisfy the applicable rules of 
     origin described in section 404 (c) and (d) or section 405 
     (c) and (d), whichever is applicable; and
       (C) prevent unlawful transshipment, as described in section 
     406(b)(4);
       (4) the potential for such designation to create local 
     employment and to promote local and regional economic 
     development;
       (5) the physical security of the proposed Reconstruction 
     Opportunity Zone;
       (6) the economic viability of the proposed Reconstruction 
     Opportunity Zone, including--
       (A) whether there are commitments to finance economic 
     activity proposed for the Reconstruction Opportunity Zone; 
     and
       (B) whether there is existing or planned infrastructure for 
     power, water, transportation, and communications in the area;
       (7) whether such designation would be compatible with and 
     contribute to the foreign policy and national security 
     objectives of the United States, taking into account the 
     information provided under subsection (d); and
       (8) the views of interested persons submitted pursuant to 
     subsection (e).
       (d) Information Relating to Compatibility With and 
     Contribution to Foreign Policy and National Security 
     Objectives of the United States.--In determining whether 
     designation of a Reconstruction Opportunity Zone would be 
     compatible with and contribute to the foreign policy and 
     national security objectives of the United States in 
     accordance with subsection (c)(7), the President shall take 
     into account whether Afghanistan or Pakistan, as the case may 
     be, has provided the United States with a plan outlining 
     specific steps it will take to verify the ownership and 
     nature of the activities of entities to be located in the 
     proposed Reconstruction Opportunity Zone. The specific steps 
     outlined in a country's plan shall include a mechanism to 
     annually register each entity by a competent authority of the 
     country and--
       (1) to collect from each entity operating in, or proposing 
     to operate in, a Reconstruction Opportunity Zone, information 
     including--
       (A) the name and address of the entity;
       (B) the name and location of all facilities owned or 
     operated by the entity that are operating in or proposed to 
     be operating in a Reconstruction Opportunity Zone;
       (C) the name, nationality, date and place of birth, and 
     position title of each person who is an owner, director, or 
     officer of the entity; and
       (D) the nature of the activities of each entity;
       (2) to update the information required under paragraph (1) 
     as changes occur; and
       (3) to provide such information promptly to the Secretary 
     of State.
       (e) Opportunity for Public Comment.--Before the President 
     designates an area as a Reconstruction Opportunity Zone 
     pursuant to subsection (a), the President shall afford an 
     opportunity for interested persons to submit their views 
     concerning the designation.
       (f) Notification to Congress.--Before the President 
     designates an area as a Reconstruction Opportunity Zone 
     pursuant to subsection (a), the President shall notify 
     Congress of the President's intention to make the 
     designation, together with the reasons for making the 
     designation.

     SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEXTILE AND 
                   NONAPPAREL ARTICLES.

       (a) In General.--The President is authorized to proclaim 
     duty-free treatment for--
       (1) any article from a Reconstruction Opportunity Zone that 
     the President has designated as an eligible article under 
     section 503(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
     2463(a)(1)(A));
       (2) any article from a Reconstruction Opportunity Zone 
     located in Afghanistan that the President has designated as 
     an eligible article under section 503(a)(1)(B) of the Trade 
     Act of 1974 (19 U.S.C. 2463(a)(1)(B)); or
       (3) any article from a Reconstruction Opportunity Zone that 
     is not a textile or apparel article, regardless of whether 
     the article has been designated as an eligible article under 
     section 503(a)(1)(A) or (B) of the Trade Act of 1974 (19 
     U.S.C. 2463(a)(1) (A) or (B)), if, after receiving the advice 
     of the International Trade Commission pursuant to subsection 
     (b), the President determines that such article is not 
     import-sensitive in the context of imports from a 
     Reconstruction Opportunity Zone.
       (b) Advice Concerning Certain Eligible Articles.--Before 
     proclaiming duty-free treatment for an article pursuant to 
     subsection (a)(3), the President shall publish in the Federal 
     Register and provide the International Trade Commission a 
     list of articles which may be considered for such treatment. 
     The provisions of sections 131 through 134 of the Trade Act 
     of 1974 (19 U.S.C. 2151 through 2154) shall apply to any 
     designation under subsection (a)(3) in the same manner as 
     such sections apply to action taken under section 123 of the 
     Trade Act of 1974 (19 U.S.C. 2133) regarding a proposed trade 
     agreement.
       (c) General Rules of Origin.--
       (1) In general.--The duty-free treatment proclaimed with 
     respect to an article described in paragraph (1) or (3) of 
     subsection (a) shall apply to any article subject to such 
     proclamation which is the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones if--
       (A) that article is imported directly from a Reconstruction 
     Opportunity Zone into the customs territory of the United 
     States; and
       (B)(i) with respect to an article that is an article of a 
     Reconstruction Opportunity Zone in Pakistan, the sum of--
       (I) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan,
       (II) the direct costs of processing operations performed in 
     1 or more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan, and
       (III) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),
     is not less than 35 percent of the appraised value of the 
     article at the time it is entered into the United States; or
       (ii) with respect to an article that is an article of a 
     Reconstruction Opportunity Zone in Afghanistan, the sum of--
       (I) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan,
       (II) the cost or value of the materials produced in 1 or 
     more countries that are members of the South Asian 
     Association for Regional Cooperation,
       (III) the direct costs of processing operations performed 
     in 1 or more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan, and
       (IV) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),
     is not less than 35 percent of the appraised value of the 
     article at the time it is entered into the United States.
       (2) Determination of 35 percent for articles from 
     reconstruction opportunity zones in pakistan and 
     afghanistan.--If the cost or value of materials produced in 
     the customs territory of the United States is included with 
     respect to an article described in paragraph (1)(B), for 
     purposes of determining the 35-percent appraised value 
     requirement under clause (i) or (ii) of paragraph (1)(B), not 
     more than 15 percent of the appraised value of the article at 
     the time the article is entered into the United States may be 
     attributable to the cost or value of such United States 
     materials.
       (d) Rules of Origin for Certain Articles of Reconstruction 
     Opportunity Zones in Afghanistan.--
       (1) In general.--The duty-free treatment proclaimed with 
     respect to an article described in paragraph (2) of 
     subsection (a) shall apply to any article subject to such 
     proclamation which is the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones in Afghanistan 
     if--
       (A) that article is imported directly from a Reconstruction 
     Opportunity Zone in Afghanistan into the customs territory of 
     the United States; and
       (B) with respect to that article, the sum of--
       (i) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Afghanistan,
       (ii) the cost or value of the materials produced in 1 or 
     more countries that are members of the South Asian 
     Association for Regional Cooperation,
       (iii) the direct costs of processing operations performed 
     in 1 or more Reconstruction Opportunity Zones in Afghanistan, 
     and
       (iv) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),

     is not less than 35 percent of the appraised value of the 
     product at the time it is entered into the United States.
       (2) Determination of 35 percent for articles from 
     reconstruction opportunity

[[Page H6559]]

     zones in pakistan and afghanistan.--If the cost or value of 
     materials produced in the customs territory of the United 
     States is included with respect to an article described in 
     paragraph (1)(B), for purposes of determining the 35-percent 
     appraised value requirement under paragraph (1)(B), not more 
     than 15 percent of the appraised value of the article at the 
     time the article is entered into the United States may be 
     attributable to the cost or value of such United States 
     materials.
       (e) Exclusions.--An article shall not be treated as the 
     growth, product, or manufacture of 1 or more Reconstruction 
     Opportunity Zones, and no material shall be included for 
     purposes of determining the 35-percent appraised value 
     requirement under subsection (c)(1) or (d)(1), by virtue of 
     having merely undergone--
       (1) simple combining or packaging operations; or
       (2) mere dilution with water or with another substance that 
     does not materially alter the characteristics of the article 
     or material.
       (f) Direct Costs of Processing Operations.--
       (1) In general.--As used in subsections (c)(1)(B)(i)(II), 
     (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the term ``direct 
     costs of processing operations'' includes, but is not limited 
     to--
       (A) all actual labor costs involved in the growth, 
     production, manufacture, or assembly of the article, 
     including--
       (i) fringe benefits;
       (ii) on-the-job training; and
       (iii) costs of engineering, supervisory, quality control, 
     and similar personnel; and
       (B) dies, molds, tooling, and depreciation on machinery and 
     equipment which are allocable to the article.
       (2) Excluded costs.--As used in subsections 
     (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the 
     term ``direct costs of processing operations'' does not 
     include costs which are not directly attributable to the 
     article or are not costs of manufacturing the article, such 
     as--
       (A) profit; and
       (B) general expenses of doing business which are either not 
     allocable to the article or are not related to the growth, 
     production, manufacture, or assembly of the article, such as 
     administrative salaries, casualty and liability insurance, 
     advertising, and salesmen's salaries, commissions, or 
     expenses.
       (g) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall prescribe such regulations as may be necessary to carry 
     out this section. The regulations may provide that, in order 
     for an article to be eligible for duty-free treatment under 
     this section, the article--
       (1) shall be wholly the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones; or
       (2) shall be a new or different article of commerce which 
     has been grown, produced, or manufactured in 1 or more 
     Reconstruction Opportunity Zones.

     SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE AND APPAREL 
                   ARTICLES.

       (a)  Duty-Free Treatment.--The President is authorized to 
     proclaim duty-free treatment for any textile or apparel 
     article described in subsection (b), if--
       (1) the article is a covered article described in 
     subsection (b); and
       (2) the President determines that the country in which the 
     Reconstruction Opportunity Zone is located has satisfied the 
     requirements set forth in section 406.
       (b) Covered Articles.--A covered article described in this 
     subsection is an article in 1 of the following categories: 
       (1) Articles of reconstruction opportunity zones.--An 
     article that is the product of 1 or more Reconstruction 
     Opportunity Zones and falls within the scope of 1 of the 
     following textile and apparel category numbers, as set forth 
     in the HTS (as in effect on September 1, 2007):


237...................................  641.....................     751
330...................................  642.....................     752
331...................................  643.....................     758
333...................................  644.....................     759
334...................................  650.....................     831
 335..................................   651....................     832
 336..................................  653.....................     833
341...................................  654.....................     834
342...................................  665.....................     835
350...................................  669.....................     836
351...................................  733.....................     838
353...................................  734.....................     839
354...................................  735.....................     840
360...................................  736.....................     842
361...................................  738.....................     843
362...................................  739.....................     844
363...................................  740.....................     845
369...................................  741.....................     846
465...................................  742.....................     850
469...................................  743.....................     851
630...................................  744.....................     852
631...................................  745.....................     858
633...................................  746.....................     859
634...................................  747.....................     863
635...................................  748.....................     899
636...................................  750
 

       (2) Articles of reconstruction opportunity zones in 
     afghanistan.--The article is the product of 1 or more 
     Reconstruction Opportunity Zones in Afghanistan and falls 
     within the scope of 1 of the following textile and apparel 
     category numbers, as set forth in the HTS (as in effect on 
     September 1, 2007):


201...................................  439.....................     459
414...................................  440.....................     464
431...................................  442.....................     670
433...................................  444.....................     800
434...................................  445.....................     810
435...................................  446.....................     870
436...................................  448.....................     871
438
 

       (3) Certain other textile and apparel articles.--The 
     article is the product of 1 or more Reconstruction 
     Opportunity Zones and falls within the scope of 1 of the 
     following textile and apparel category numbers as set forth 
     in the HTS (as in effect on September 1, 2007) and is covered 
     by the corresponding description for such category:
       (A) Category 239.--An article in category 239 (relating to 
     cotton and man-made fiber babies' garments) except for baby 
     socks and baby booties described in subheading 6111.20.6050, 
     6111.30.5050, or 6111.90.5050 of the HTS.
       (B) Category 338.--An article in category 338 (relating to 
     men's and boys' cotton knit shirts) if the article is a 
     certain knit-to-shape garment that meets the definition 
     included in Statistical Note 6 to Chapter 61 of the HTS, and 
     is provided for in subheading 6110.20.1026, 6110.20.2067 or 
     6110.90.9067 of the HTS.
       (C) Category 339.--An article in category 339 (relating to 
     women's and girls' cotton knit shirts and blouses) if the 
     article is a knit-to-shape garment that meets the definition 
     included in Statistical Note 6 to Chapter 61 of the HTS, and 
     is provided for in subheading 6110.20.1031, 6110.20.2077, or 
     6110.90.9071 of the HTS.
       (D) Category 359.--An article in category 359 (relating to 
     other cotton apparel) except swimwear provided for in 
     subheading 6112.39.0010, 6112.49.0010, 6211.11.8010, 
     6211.11.8020, 6211.12.8010, or 6211.12.8020 of the HTS.
       (E) Category 632.--An article in category 632 (relating to 
     man-made fiber hosiery) if the article is panty hose provided 
     for in subheading 6115.21.0020 of the HTS.
       (F) Category 638.--An article in category 638 (relating to 
     men's and boys' man-made fiber knit shirts) if the article is 
     a knit-to-shape garment that meets the definition included in 
     Statistical Note 6 to Chapter 61 of the HTS, and is provided 
     for in subheading 6110.30.2051, 6110.30.3051, or 6110.90.9079 
     of the HTS.
       (G) Category 639.--An article in category 639 (relating to 
     women's and girls' man-made fiber knit shirts and blouses) if 
     the article is a knit-to-shape garment that meets the 
     definition included in Statistical Note 6 to Chapter 61 of 
     the HTS, and is provided for in subheading 6110.30.2061, 
     6110.30.3057, or 6110.90.9081 of the HTS.
       (H) Category 647.--An article in category 647 (relating to 
     men's and boys' man-made fiber trousers) if the article is 
     ski/snowboard pants that meets the definition included in 
     Statistical Note 4 to Chapter 62 of the HTS, and is provided 
     for in subheading 6203.43.3510, 6210.40.5031, or 6211.20.1525 
     of the HTS.
       (I) Category 648.--An article in category 648 (relating to 
     women's and girls' man-made fiber trousers) if the article is 
     ski/snowboard pants that meets the definition included in 
     Statistical Note 4 to Chapter 62 of the HTS, and is provided 
     for in subheading 6204.63.3010, 6210.50.5031, or 6211.20.1555 
     of the HTS.
       (J) Category 659.--An article in category 659 (relating to 
     other man-made fiber apparel) except for swimwear provided 
     for in subheading 6112.31.0010, 6112.31.0020, 6112.41.0010, 
     6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 
     6211.11.1020, 6211.12.1010, or 6211.12.1020 of the HTS.
       (K) Category 666.--An article in category 666 (relating to 
     other man-made fiber furnishings) except for window shades 
     and window blinds provided for in subheading 6303.12.0010 or 
     6303.92.2030 of the HTS.
       (4) Certain other articles.--The article is the product of 
     1 or more Reconstruction Opportunity Zones and falls within 
     the scope of 1 of the following statistical reporting numbers 
     of the HTS (as in effect on September 1, 2007):


4202.12.8010......................  6210.20.3000........    6304.99.1000
4202.12.8050......................  6210.20.7000........    6304.99.2500
4202.22.4010......................  6210.30.3000........    6304.99.4000
4202.22.7000......................  6210.30.7000........    6304.99.6030
4202.22.8070......................  6210.40.3000........    6306.22.9010
4202.92.3010......................  6210.40.7000........    6306.29.1100
4202.92.6010......................  6210.50.3000........    6306.29.2100
4202.92.9010......................  6210.50.7000........    6306.40.4100
4202.92.9015......................  6211.20.0810........    6306.40.4900
5601.29.0010......................  6211.20.0820........    6306.91.0000
5702.39.2090......................  6211.32.0003........    6306.99.0000
5702.49.2000......................  6211.33.0003........    6307.10.2030
5702.50.5900......................  6211.42.0003........    6307.20.0000
5702.99.2000......................  6211.43.0003........    6307.90.7200
5703.90.0000......................  6212.10.3000........    6307.90.7500
5705.00.2090......................  6212.10.7000........    6307.90.8500
6108.22.1000......................  6212.90.0050........    6307.90.8950
6111.90.7000......................  6213.90.0500........    6307.90.8985
6113.00.1005......................  6214.10.1000........    6310.90.1000
6113.00.1010......................  6216.00.0800........    6406.99.1580
6113.00.1012......................  6216.00.1300........    6501.00.6000
6115.29.4000......................  6216.00.1900........    6502.00.2000
6115.30.1000......................  6216.00.2600........    6502.00.4000
6115.99.4000......................  6216.00.3100........    6502.00.9060
6116.10.0800......................  6216.00.3500........    6504.00.3000
6116.10.1300......................  6216.00.4600........    6504.00.6000
6116.10.4400......................  6217.10.1010........    6504.00.9045
6116.10.6500......................  6217.10.8500........    6504.00.9075
6116.10.9500......................  6301.90.0020........    6505.10.0000
6116.92.0800......................  6302.29.0010........    6505.90.8015
6116.93.0800......................  6302.39.0020........    6505.90.9050
6116.99.3500......................  6302.59.3010........    6505.90.9076
6117.10.4000......................  6302.99.1000........    9404.90.2000
6117.80.3010......................  6303.99.0030........    9404.90.8523
6117.80.8500......................  6304.19.3030........    9404.90.9523
6210.10.2000......................  6304.91.0060........    9404.90.9570
6210.10.7000
 


       (c) Rules of Origin for Certain Covered Articles.--
       (1) General rules.--Except with respect to an article 
     listed in paragraph (2) of subsection (b), duty-free 
     treatment may be proclaimed for an article listed in 
     subsection (b) only if the article is imported directly into 
     the customs territory of the United States from a 
     Reconstruction Opportunity Zone and--
       (A) the article is wholly the growth, product, or 
     manufacture of 1 or more Reconstruction Opportunity Zones;

[[Page H6560]]

       (B) the article is a yarn, thread, twine, cordage, rope, 
     cable, or braiding, and--
       (i) the constituent staple fibers are spun in, or
       (ii) the continuous filament fiber is extruded in,
     1 or more Reconstruction Opportunity Zones;
       (C) the article is a fabric, including a fabric 
     classifiable under chapter 59 of the HTS, and the constituent 
     fibers, filaments, or yarns are woven, knitted, needled, 
     tufted, felted, entangled, or transformed by any other 
     fabric-making process in 1 or more Reconstruction Opportunity 
     Zones; or
       (D) the article is any other textile or apparel article 
     that is cut (or knit-to-shape) and sewn or otherwise 
     assembled in 1 or more Reconstruction Opportunity Zones from 
     its component pieces.
       (2) Special rules.--
       (A) Certain made-up articles, textile articles in the 
     piece, and certain other textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, subparagraph 
     (A), (B), or (C) of paragraph (1), as appropriate, shall 
     determine whether a good that is classifiable under 1 of the 
     following headings or subheadings of the HTS shall be 
     considered to meet the rules of origin of this subsection: 
     5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 
     6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
       (B) Certain knit-to-shape textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, a textile or 
     apparel article that is wholly formed on seamless knitting 
     machines or by hand-knitting in 1 or more Reconstruction 
     Opportunity Zones shall be considered to meet the rules of 
     origin of this subsection.
       (C) Certain dyed and printed textiles and textile 
     articles.--Notwithstanding paragraph (1)(D), an article 
     classifiable under subheading 6117.10, 6213.00, 6214.00, 
     6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 
     6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 
     6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an 
     article classifiable under 1 of such subheadings as of cotton 
     or of wool or consisting of fiber blends containing 16 
     percent or more by weight of cotton, shall be considered to 
     meet the rules of origin of this subsection if the fabric in 
     the article is both dyed and printed in 1 or more 
     Reconstruction Opportunity Zones, and such dyeing and 
     printing is accompanied by 2 or more of the following 
     finishing operations: bleaching, shrinking, fulling, napping, 
     decating, permanent stiffening, weighting, permanent 
     embossing, or moireing.
       (D) Fabrics of silk, cotton, man-made fiber, or vegetable 
     fiber.--Notwithstanding paragraph (1)(C), a fabric 
     classifiable under the HTS as of silk, cotton, man-made 
     fiber, or vegetable fiber shall be considered to meet the 
     rules of origin of this subsection if the fabric is both dyed 
     and printed in 1 or more Reconstruction Opportunity Zones, 
     and such dyeing and printing is accompanied by 2 or more of 
     the following finishing operations: bleaching, shrinking, 
     fulling, napping, decating, permanent stiffening, weighting, 
     permanent embossing, or moireing.
       (d) Rules of Origin for Covered Articles That Are Products 
     of 1 or More Reconstruction Opportunity Zones in 
     Afghanistan.--
       (1) General rules.--Duty-free treatment may be proclaimed 
     for an article listed in paragraph (2) of subsection (b) only 
     if the article is imported directly into the customs 
     territory of the United States from a Reconstruction 
     Opportunity Zone in Afghanistan and--
       (A) the article is wholly the growth, product, or 
     manufacture of 1 or more Reconstruction Opportunity Zones in 
     Afghanistan,
       (B) the article is a yarn, thread, twine, cordage, rope, 
     cable, or braiding, and--
       (i) the constituent staple fibers are spun in, or
       (ii) the continuous filament fiber is extruded in,

     1 or more Reconstruction Opportunity Zones in Afghanistan;
       (C) the article is a fabric, including a fabric 
     classifiable under chapter 59 of the HTS, and the constituent 
     fibers, filaments, or yarns are woven, knitted, needled, 
     tufted, felted, entangled, or transformed by any other 
     fabric-making process in 1 or more Reconstruction Opportunity 
     Zones in Afghanistan; or
       (D) the article is any other textile or apparel article 
     that is cut (or knit-to-shape) and sewn or otherwise 
     assembled in 1 or more Reconstruction Opportunity Zones in 
     Afghanistan from its component pieces.
       (2) Special rules.--
       (A) Certain made-up articles, textile articles in the 
     piece, and certain other textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, subparagraph 
     (A), (B), or (C) of paragraph (1), as appropriate, shall 
     determine whether a good that is classifiable under 1 of the 
     following headings or subheadings of the HTS shall be 
     considered to meet the rules of origin of this subsection: 
     5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 
     6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
       (B) Certain knit-to-shape textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, a textile or 
     apparel article that is wholly formed on seamless knitting 
     machines or by hand-knitting in 1 or more Reconstruction 
     Opportunity Zones in Afghanistan shall be considered to meet 
     the rules of origin of this subsection.
       (C) Certain dyed and printed textiles and textile 
     articles.--Notwithstanding paragraph (1)(D), an article 
     classifiable under subheading 6117.10, 6213.00, 6214.00, 
     6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 
     6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 
     6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an 
     article classifiable under 1 of such subheadings as of cotton 
     or of wool or consisting of fiber blends containing 16 
     percent or more by weight of cotton, shall be considered to 
     meet the rules of origin of this subsection if the fabric in 
     the article is both dyed and printed in 1 or more 
     Reconstruction Opportunity Zones in Afghanistan, and such 
     dyeing and printing is accompanied by 2 or more of the 
     following finishing operations: bleaching, shrinking, 
     fulling, napping, decating, permanent stiffening, weighting, 
     permanent embossing, or moireing.
       (D) Fabrics of silk, cotton, man-made fiber or vegetable 
     fiber.--Notwithstanding paragraph (1)(C), a fabric 
     classifiable under the HTS as of silk, cotton, man-made 
     fiber, or vegetable fiber shall be considered to meet the 
     rules of origin of this subsection if the fabric is both dyed 
     and printed in 1 or more Reconstruction Opportunity Zones in 
     Afghanistan, and such dyeing and printing is accompanied by 2 
     or more of the following finishing operations: bleaching, 
     shrinking, fulling, napping, decating, permanent stiffening, 
     weighting, permanent embossing, or moireing.
       (e) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall prescribe such regulations as may be necessary to carry 
     out this section.

     SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT.

       (a) Duty-Free Treatment Conditioned on Enforcement 
     Measures.--
       (1) In general.--The duty-free treatment described in 
     section 405 shall not be provided to covered articles that 
     are imported from a Reconstruction Opportunity Zone in a 
     country unless the President determines that country meets 
     the following criteria:
       (A) The country has adopted--
       (i) an effective visa or electronic certification system; 
     and
       (ii) domestic laws and enforcement procedures applicable to 
     covered articles to prevent unlawful transshipment of the 
     articles and the use of false documents relating to the 
     importation of the articles into the United States.
       (B) The country has enacted legislation or promulgated 
     regulations that would permit U.S. Customs and Border 
     Protection verification teams to have the access necessary to 
     investigate thoroughly allegations of unlawful transshipment 
     through such country.
       (C) The country agrees to provide U.S. Customs and Border 
     Protection with a monthly report on shipments of covered 
     articles from each producer of those articles in a 
     Reconstruction Opportunity Zone in that country.
       (D) The country will cooperate fully with the United States 
     to address and take action necessary to prevent 
     circumvention, as described in Article 5 of the Agreement on 
     Textiles and Clothing.
       (E) The country agrees to require each producer of a 
     covered article in a Reconstruction Opportunity Zone in that 
     country to register with the competent government authority, 
     to provide that authority with the following information, and 
     to update that information as changes occur:
       (i) The name and address of the producer, including the 
     location of all textile or apparel facilities owned or 
     operated by that producer in Afghanistan or Pakistan.
       (ii) The telephone number, facsimile number, and electronic 
     mail address of the producer.
       (iii) The names and nationalities of the producer's owners, 
     directors, and corporate officers, and their positions.
       (iv) The number of employees the producer employs and their 
     occupations.
       (v) A general description of the covered articles of the 
     producer and the producer's production capacity.
       (vi) The number and type of machines the producer uses to 
     produce textile or apparel articles at each facility.
       (vii) The approximate number of hours the machines operate 
     per week.
       (viii) The identity of any supplier to the producer of 
     textile or apparel goods, or fabrics, yarns, or fibers used 
     in the production of textile or apparel goods.
       (ix) The name of, and contact information for, each of the 
     producer's customers in the United States.
       (F) The country agrees to provide to U.S. Customs and 
     Border Protection on a timely basis all of the information 
     received by the competent government authority in accordance 
     with subparagraph (E) and to provide U.S. Customs and Border 
     Protection with an annual update of that information.
       (G) The country agrees to require that all producers and 
     exporters of covered articles in a Reconstruction Opportunity 
     Zone in that country maintain complete records of the 
     production and the export of covered articles, including 
     materials used in the production, for at least 5 years after 
     the production or export (as the case may be).
       (H) The country agrees to provide, on a timely basis, at 
     the request of U.S. Customs and Border Protection, 
     documentation establishing the eligibility of covered 
     articles for duty-free treatment under section 405.
       (2) Documentation establishing eligibility of articles for 
     duty-free treatment.--For purposes of paragraph (1)(H), 
     documentation establishing the eligibility of a covered 
     article for duty-free treatment under section 405 includes 
     documentation such as production records, information 
     relating to the place of production, the number and 
     identification of the types of machinery used in production, 
     the number of workers employed in production, and 
     certification from both the producer and the exporter.

[[Page H6561]]

       (b) Customs Procedures and Enforcement.--
       (1) In general.--
       (A) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall promulgate regulations setting forth customs procedures 
     similar in all material respects to the requirements of 
     article 502(1) of the NAFTA as implemented pursuant to United 
     States law, which shall apply to any importer that claims 
     duty-free treatment for an article under section 405.
       (B) Determination.--In order for articles produced in a 
     Reconstruction Opportunity Zone to qualify for the duty-free 
     treatment under section 405, there shall be in effect a 
     determination by the President that Afghanistan or Pakistan, 
     as the case may be--
       (i) has implemented and follows, or
       (ii) is making substantial progress toward implementing and 
     following,

     procedures and requirements similar in all material respects 
     to the relevant procedures and requirements under chapter 5 
     of the NAFTA.
       (2) Certificate of origin.--A certificate of origin that 
     otherwise would be required pursuant to the provisions of 
     paragraph (1) shall not be required in the case of an article 
     imported under section 405 if such certificate of origin 
     would not be required under article 503 of the NAFTA, as 
     implemented pursuant to United States law, if the article 
     were imported from Mexico.
       (3) Penalties.--If the President determines, based on 
     sufficient evidence, that an entity has engaged in unlawful 
     transshipment described in paragraph (4), the President shall 
     deny for a period of 5 years beginning on the date of the 
     determination all benefits under section 405 to the entity, 
     any successor of the entity, and any other entity owned, 
     operated, or controlled by the principals of the entity.
       (4) Unlawful transshipment described.--For purposes of this 
     section, unlawful transshipment occurs when duty-free 
     treatment for a covered article has been claimed on the basis 
     of material false information concerning the country of 
     origin, manufacture, processing, or assembly of the article 
     or any of its components. For purposes of the preceding 
     sentence, false information is material if disclosure of the 
     true information would mean or would have meant that the 
     article is or was ineligible for duty-free treatment under 
     section 405.
       (5) Monitoring and reports to congress.--U.S. Customs and 
     Border Protection shall monitor and the Commissioner 
     responsible for U.S. Customs and Border Protection shall 
     submit to Congress, not later than March 31 of each year, a 
     report on the effectiveness of the visa or electronic 
     certification systems and the implementation of legislation 
     and regulations described in subsection (a) and on measures 
     taken by Afghanistan and Pakistan to prevent circumvention as 
     described in article 5 of the Agreement on Textile and 
     Clothing.
       (c) Additional Customs Enforcement.--U.S. Customs and 
     Border Protection shall--
       (1) make available technical assistance to Afghanistan and 
     Pakistan--
       (A) in the development and implementation of visa or 
     electronic certification systems, legislation, and 
     regulations described in subsection (a)(1)(A) and (B); and
       (B) to train their officials in anti-transshipment 
     enforcement;
       (2) send production verification teams to Afghanistan and 
     Pakistan as necessary; and
       (3) to the extent feasible, place Afghanistan and Pakistan 
     on a relevant e-certification program.
       (d) Authorization of Appropriations.--To carry out 
     subsection (c), there are authorized to be appropriated to 
     U.S. Customs and Border Protection $10,000,000 for each of 
     the fiscal years 2010 through 2023.

     SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, COMPLIANCE 
                   ASSESSMENT, AND REMEDIATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Finance and the Committee on Armed 
     Services of the Senate; and
       (B) the Committee on Ways and Means and the Committee on 
     Armed Services of the House of Representatives.
       (2) Textile or apparel producer.--The term ``textile or 
     apparel producer'' means a producer of a covered article 
     described in section 405(b) that is located in a 
     Reconstruction Opportunity Zone.
       (b) Eligibility.--
       (1) Presidential certification of compliance by afghanistan 
     or pakistan with requirements.--Upon the expiration of the 
     16-month period beginning on the date on which the President 
     designates an area within Afghanistan or Pakistan, as the 
     case may be, as a Reconstruction Opportunity Zone under 
     section 403(a), duty-free treatment proclaimed under section 
     404(a) or 405(a) for articles from such Reconstruction 
     Opportunity Zone may remain in effect only if the President 
     determines and certifies to Congress that Afghanistan or 
     Pakistan, as the case may be--
       (A) has implemented the requirements set forth in 
     subsections (c) and (d) with respect to such Reconstruction 
     Opportunity Zone; and
       (B) has agreed to require textile or apparel producers in 
     such Reconstruction Opportunity Zone to participate in the 
     program described in subsection (d) and has developed a 
     system to ensure participation in such program by such 
     producers, including by developing and maintaining the 
     registry described in subsection (c)(2)(A).
       (2) Extension.--
       (A) Initial extension.--The President may extend the period 
     for compliance by Afghanistan or Pakistan under paragraph (1) 
     for an initial 6-month period if the President--
       (i) determines that Afghanistan or Pakistan, as the case 
     may be, has made a good faith effort toward implementing the 
     requirements set forth in paragraph (1) (A) and (B) and has 
     agreed to take additional steps towards implementing such 
     requirements that are satisfactory to the President; and
       (ii) provides to the appropriate congressional committees, 
     not later than 30 days before the last day of the 16-month 
     period specified in paragraph (1), a report identifying the 
     additional steps that Afghanistan or Pakistan, as the case 
     may be, has agreed to take as described in clause (i).
       (B) Subsequent extensions.--The President may extend the 
     period for compliance by Afghanistan or Pakistan under 
     paragraph (1) for subsequent 6-month periods if, with respect 
     to each such extension, the President--
       (i) provides an opportunity for public comment and a public 
     hearing on the possible extension not later than 45 days 
     before the last day of the existing 6-month extension;
       (ii) consults with the Secretary of Labor and the 
     appropriate congressional committees with respect to the 
     possible extension not later than 45 days before the last day 
     of the existing 6-month extension;
       (iii) determines, taking into account any public comments 
     and input received during the public hearing described in 
     clause (i) and the consultations described in clause (ii), 
     that extraordinary circumstances exist that preclude 
     Afghanistan or Pakistan, as the case may be, from meeting the 
     requirements set forth in paragraph (1) (A) and (B); and
       (iv) publishes in the Federal Register a notice that 
     describes--

       (I) the extraordinary circumstances described in clause 
     (iii);
       (II) the reasons why the extraordinary circumstances 
     preclude Afghanistan or Pakistan, as the case may be, from 
     meeting the requirements set forth in paragraph (1) (A) and 
     (B); and
       (III) the steps Afghanistan or Pakistan, as the case may 
     be, will take during the 6-month period of the extension to 
     implement the requirements set forth in paragraph (1) (A) and 
     (B).

       (3) Continuing compliance.--
       (A) Termination of duty-free treatment.--If, after making a 
     certification under paragraph (1), the President determines 
     that Afghanistan or Pakistan is no longer meeting the 
     requirements set forth in paragraph (1) (A) and (B), the 
     President shall terminate the duty-free treatment proclaimed 
     under section 404(a) or 405(a).
       (B) Continuation of duty-free treatment notwithstanding 
     noncompliance.--
       (i) Initial 6-month continuation.--Notwithstanding 
     subparagraph (A), if, after making a certification under 
     paragraph (1), the President determines that Afghanistan or 
     Pakistan is no longer meeting the requirements set forth in 
     paragraph (1) (A) and (B), the President may extend the duty-
     free treatment proclaimed under section 404(a) or 405(a) for 
     an initial 6-month period if the President--

       (I) determines, after consultation with the Secretary of 
     Labor and the appropriate congressional committees, that 
     extraordinary circumstances exist that preclude Afghanistan 
     or Pakistan, as the case may be, from continuing to meet the 
     requirements set forth in paragraph (1) (A) and (B); and
       (II) publishes in the Federal Register a notice, not later 
     than 30 days after making the determination under subclause 
     (I), that describes--

       (aa) the extraordinary circumstances described in subclause 
     (I); and
       (bb) the reasons why the extraordinary circumstances 
     preclude Afghanistan or Pakistan, as the case may be, from 
     continuing to meet the requirements set forth in paragraph 
     (1) (A) and (B).
       (ii) Subsequent 6-month continuation.--The President may 
     extend the duty-free treatment proclaimed under section 
     404(a) or 405(a) for a subsequent 6-month period if, with 
     respect to such extension, the President makes a 
     determination that meets the requirements of clause (i)(I) 
     and publishes in the Federal Register a notice that meets the 
     requirements of clause (i)(II).
       (C) Subsequent compliance.--If the President, after 
     terminating duty-free treatment under subparagraph (A), 
     determines that Afghanistan or Pakistan, as the case may be, 
     is implementing the requirements set forth in paragraph (1) 
     (A) and (B) and meets the requirements of section 403, the 
     President shall reinstate the application of duty-free 
     treatment proclaimed under section 404(a) or 405(a).
       (c) Labor Official.--
       (1) In general.--The requirement under this subsection is 
     that Afghanistan or Pakistan, as the case may be, has 
     designated a labor official within the national government 
     that--
       (A) reports directly to the President of Afghanistan or 
     Pakistan, as the case may be;
       (B) is chosen by the President of Afghanistan or Pakistan, 
     as the case may be, in consultation with labor unions and 
     industry associations; and
       (C) is vested with the authority to perform the functions 
     described in paragraph (2).
       (2) Functions.--The functions of the labor official shall 
     include--
       (A) developing and maintaining a registry of textile or 
     apparel producers, and developing, in consultation and 
     coordination with any other appropriate officials of the 
     Government of Afghanistan or Pakistan, as the case may be, a 
     system to ensure participation by such producers in the 
     program described in subsection (d);
       (B) overseeing the implementation of the program described 
     in subsection (d);
       (C) receiving and investigating comments from any 
     interested party regarding the conditions

[[Page H6562]]

     described in subsection (d)(2) in facilities of textile or 
     apparel producers listed in the registry described in 
     subparagraph (A) and, where appropriate, referring such 
     comments or the result of such investigations to the 
     appropriate authorities of Afghanistan or Pakistan, as the 
     case may be, and to the entity operating the program 
     described in subsection (d);
       (D) assisting, in consultation and coordination with any 
     other appropriate authorities of Afghanistan or Pakistan, as 
     the case may be, textile or apparel producers listed in the 
     registry described in subparagraph (A) in meeting the 
     conditions set forth in subsection (d)(2); and
       (E) coordinating, with the assistance of the entity 
     operating the program described in subsection (d), a 
     tripartite committee comprised of appropriate representatives 
     of government agencies, employers, and workers, as well as 
     other relevant interested parties, for the purposes of 
     evaluating progress in implementing the program described in 
     subsection (d), and consulting on improving core labor 
     standards and working conditions in the textile and apparel 
     sector in Afghanistan or Pakistan, as the case may be, and on 
     other matters of common concern relating to such core labor 
     standards and working conditions.
       (d) Technical Assistance, Capacity Building, Compliance 
     Assessment, and Remediation Program.--
       (1) In general.--The requirement under this subsection is 
     that Afghanistan or Pakistan, as the case may be, in 
     cooperation with the entity designated by the Secretary of 
     Labor under paragraph (3)(A)(i), has established a program 
     meeting the requirements under paragraph (3)--
       (A) to assess compliance by textile or apparel producers 
     listed in the registry described in subsection (c)(2)(A) with 
     the conditions set forth in paragraph (2) and to assist such 
     producers in meeting such conditions; and
       (B) to provide assistance to improve the capacity of the 
     Government of Afghanistan or Pakistan, as the case may be--
       (i) to inspect facilities of textile or apparel producers 
     listed in the registry described in subsection (c)(2)(A); and
       (ii) to enforce national labor laws and resolve labor 
     disputes, including through measures described in paragraph 
     (5).
       (2) Conditions described.--The conditions referred to in 
     paragraph (1) are--
       (A) compliance with core labor standards; and
       (B) compliance with the labor laws of Afghanistan or 
     Pakistan, as the case may be, that relate directly to core 
     labor standards and to ensuring acceptable conditions of work 
     with respect to minimum wages, hours of work, and 
     occupational health and safety.
       (3) Requirements.--The requirements for the program are 
     that the program--
       (A) is operated by an entity that--
       (i) is designated by the Secretary of Labor, in 
     consultation with appropriate officials of the Government of 
     Afghanistan or Pakistan, as the case may be;
       (ii) operates independently of the Government of 
     Afghanistan or Pakistan, as the case may be;
       (iii) has expertise relating to monitoring of core labor 
     standards;
       (iv) if the entity designated under clause (i) is an entity 
     other than the International Labor Organization, is subject 
     to evaluation by the International Labor Organization at the 
     request of the Secretary of Labor, including--

       (I) annual review of the operation of the program; and
       (II) annual recommendations to the entity operating the 
     program, the Government of Afghanistan or Pakistan, as the 
     case may be, and the Secretary of Labor to improve the 
     operation of the program;

       (v) prepares the annual report described in paragraph (4);
       (B) is developed through a participatory process that 
     includes the labor official described in subsection (c) of 
     Afghanistan or Pakistan, as the case may be, and appropriate 
     representatives of government agencies, employers, and 
     workers;
       (C) assess compliance by each textile or apparel producer 
     listed in the registry described in subsection (c)(2)(A) with 
     the conditions set forth in paragraph (2) and identify any 
     deficiencies by such producer with respect to meeting such 
     conditions, including by--
       (i) conducting site visits to facilities of the producer;
       (ii) conducting confidential interviews with workers and 
     management of the facilities of the producer; and
       (iii) providing to management and workers, and where 
     applicable, worker organizations of the producer, on a 
     confidential basis--

       (I) the results of the assessment carried out under this 
     subparagraph; and
       (II) specific suggestions for remediating any such 
     deficiencies;

       (D) assist the textile or apparel producer in remediating 
     any deficiencies identified under subparagraph (C);
       (E) conduct prompt follow-up site visits to the facilities 
     of the textile or apparel producer to assess progress on 
     remediation of any deficiencies identified under subparagraph 
     (C); and
       (F) provide training to workers and management of the 
     textile or apparel producer, and where appropriate, to other 
     persons or entities, to promote compliance with paragraph 
     (2).
       (4) Annual report.--The annual report referred to in 
     paragraph (3)(A)(v) is a report, by the entity operating the 
     program, that is published (and available to the public in a 
     readily accessible manner) on an annual basis, beginning 1 
     year after Afghanistan or Pakistan, as the case may be, has 
     implemented a program under this subsection, covering the 
     preceding 1-year period, and that includes the following:
       (A) The name of each textile or apparel producer listed in 
     the registry described in subsection (c)(2)(A) that has been 
     in operation in the Reconstruction Opportunity Zone for at 
     least 1 year and has been identified as having met the 
     conditions under paragraph (2).
       (B) The name of each textile or apparel producer listed in 
     the registry described in subsection (c)(2)(A) that has been 
     in operation in the Reconstruction Opportunity Zone for at 
     least 1 year and has been identified as having deficiencies 
     with respect to the conditions under paragraph (2), and has 
     failed to remedy such deficiencies.
       (C) For each textile or apparel producer listed under 
     subparagraph (B)--
       (i) a description of the deficiencies found to exist and 
     the specific suggestions for remediating such deficiencies 
     made by the entity operating the program;
       (ii) a description of the efforts by the producer to 
     remediate the deficiencies, including a description of 
     assistance provided by any entity to assist in such 
     remediation; and
       (iii) with respect to deficiencies that have not been 
     remediated, the amount of time that has elapsed since the 
     deficiencies were first identified in a report under this 
     subparagraph.
       (D) For each textile or apparel producer identified as 
     having deficiencies with respect to the conditions described 
     under paragraph (2) in a prior report under this paragraph, a 
     description of the progress made in remediating such 
     deficiencies since the submission of the prior report, and an 
     assessment of whether any aspect of such deficiencies 
     persists.
       (5) Capacity building.--The assistance to the Government of 
     Afghanistan or Pakistan referred to in paragraph (1)(B) shall 
     include programs--
       (A) to review the labor laws and regulations of Afghanistan 
     or Pakistan, as the case may be, and to develop and implement 
     strategies for improving such labor laws and regulations;
       (B) to develop additional strategies for protecting core 
     labor standards and providing acceptable conditions of work 
     with respect to minimum wages, hours of work, and 
     occupational safety and health, including through legal, 
     regulatory, and institutional reform;
       (C) to increase awareness of core labor standards and 
     national labor laws;
       (D) to promote consultation and cooperation between 
     government representatives, employers, worker 
     representatives, and United States importers on matters 
     relating to core labor standards and national labor laws;
       (E) to assist the labor official of Afghanistan or 
     Pakistan, as the case may be, designated pursuant to 
     subsection (c) in establishing and coordinating operation of 
     the committee described in subsection (c)(2)(E);
       (F) to assist worker representatives in more fully and 
     effectively advocating on behalf of their members; and
       (G) to provide on-the-job training and technical assistance 
     to labor inspectors, judicial officers, and other relevant 
     personnel to build their capacity to enforce national labor 
     laws and resolve labor disputes.
       (e) Compliance With Eligibility Criteria.--
       (1) Country compliance with core labor standards 
     eligibility criteria.--In making a determination of whether 
     Afghanistan or Pakistan is meeting the eligibility 
     requirement set forth in section 403(b)(1)(E) relating to 
     core labor standards, the President shall consider any 
     reports produced under subsection (d)(4) and acceptable 
     conditions of work with respect to minimum wages, hours of 
     work, and occupational health and safety.
       (2) Producer eligibility.--
       (A) Identification of producers.--
       (i) In general.--Except as provided in clause (ii), 
     beginning 2 years after the President makes the certification 
     under subsection (b)(1), the President shall identify on a 
     biennial basis whether a textile or apparel producer listed 
     in the registry described in subsection (c)(2)(A) and in 
     operation for at least 1 year has failed to comply with core 
     labor standards and with the labor laws of Afghanistan or 
     Pakistan, as the case may be, that directly relate to and are 
     consistent with core labor standards.
       (ii) Exception.-- The President may identify a textile or 
     apparel producer at any time under clause (i) if the evidence 
     warrants such a review.
       (B) Assistance to producers; withdrawal, etc., of duty-free 
     treatment.--For each textile or apparel producer that the 
     President identifies under subparagraph (A), the President 
     shall seek to assist such producer in coming into compliance 
     with core labor standards and with the labor laws of 
     Afghanistan or Pakistan, as the case may be, that directly 
     relate to and are consistent with core labor standards. If, 
     within a reasonable period of time, such efforts fail, the 
     President shall withdraw, suspend, or limit the application 
     of duty-free treatment to textile and apparel covered 
     articles of such producer.
       (C) Reinstating duty-free treatment.--If the President, 
     after withdrawing, suspending, or limiting the application of 
     duty-free treatment under subparagraph (B) to articles of a 
     textile or apparel producer, determines that such producer is 
     complying with core labor standards and with the labor laws 
     of Afghanistan or Pakistan, as the case may be, that directly 
     relate to and are consistent with core labor standards, the 
     President shall reinstate the application of duty-free 
     treatment under section 405 to the textile and apparel 
     covered articles of such producer.
       (D) Consideration of reports.--In making the identification 
     under subparagraph (A) and the determination under 
     subparagraph (C), the President shall consider the reports 
     made available under subsection (d)(4).
       (f) Reports by the President.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall transmit to the appropriate congressional 
     committees a report on the implementation of this section 
     during the preceding 1-year period.

[[Page H6563]]

       (2) Matters to be included.--Each report required by 
     paragraph (1) shall include the following:
       (A) An explanation of the efforts of Afghanistan and 
     Pakistan, the President, and entity designated by the 
     Secretary of Labor to carry out this section.
       (B) A summary of each report produced under subsection 
     (d)(4) during the preceding 1-year period and a summary of 
     the findings contained in such report.
       (C) Identifications made under subsection (e)(2)(A) and 
     determinations made under subsection (e)(2)(C).
       (g) Evaluation and Report by Secretary of Labor.--
       (1) Evaluation.--The Secretary of Labor shall evaluate the 
     monitoring program established under this section to 
     determine ways to improve adoption and adherence to core 
     labor standards and acceptable conditions of work with 
     respect to minimum wages, hours of work, and occupational 
     health and safety. To the extent that producers of nontextile 
     or nonapparel articles described in section 404 have 
     established operations in Reconstruction Opportunity Zones, 
     the report shall also evaluate options for expanding the 
     program to include such producers.
       (2) Report.--Not later than 1 year after the date on which 
     Afghanistan or Pakistan, as the case may be, has implemented 
     a program under this section, the Secretary of Labor shall 
     submit to the appropriate congressional committees a report 
     that contains the results of the evaluation required under 
     paragraph (1) and recommendations to improve the program 
     under this section and, if applicable, to expand the program 
     to include producers of nontextile or nonapparel articles.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of Labor such sums as may 
     be necessary to carry out this subsection.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section (other than 
     subsection (g)) $20,000,000 for the period beginning on 
     October 1, 2009, and ending on September 30, 2023.

     SEC. 408. PETITION PROCESS.

       Any interested party may file a request to have the status 
     of Afghanistan or Pakistan reviewed with respect to the 
     eligibility requirements listed in this title, and the 
     President shall provide for this purpose the same procedures 
     as those that are provided for reviewing the status of 
     eligible beneficiary developing countries with respect to the 
     designation criteria listed in subsections (b) and (c) of 
     section 502 of the Trade Act of 1974 (19 U.S.C. 2462 (b) and 
     (c)).

     SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREATMENT.

       (a) In General.--
       (1) Proclamation.--Except as provided in paragraph (2), and 
     subject to subsection (b) and the conditions described in 
     sections 403 through 407, the President shall exercise the 
     President's authority under this title, and the President 
     shall proclaim any duty-free treatment pursuant to that 
     authority.
       (2) Waiver.--The President may waive the application of 
     this title if the President determines that providing such 
     treatment is inconsistent with the national interests of the 
     United States. In making such determination, the President 
     shall consider--
       (A) obligations of the United States under international 
     agreements;
       (B) the national economic interests of the United States; 
     and
       (C) the foreign policy interests of the United States, 
     including the economic development of Afghanistan and the 
     border region of Pakistan.
       (b) Withdrawal, Suspension, or Limitation of Duty-Free 
     Treatment.--The President may withdraw, suspend, or limit the 
     application of the duty-free treatment proclaimed under this 
     title upon consideration of the factors set forth in section 
     403 (b) and (c) of this Act, and section 502 (b) and (c) of 
     the Trade Act of 1974 (19 U.S.C. 2462 (b) and (c)). In taking 
     any action to withdraw, suspend, or limit duty-free treatment 
     with respect to producers receiving benefits under section 
     404 or 405, the President shall consider the information 
     described in section 403(d) relating to verification of the 
     ownership and nature of the activities of such producers and 
     any other relevant information the President determines to be 
     appropriate.
       (c) Notice to Congress.--The President shall advise 
     Congress--
       (1) of any action the President takes to waive, withdraw, 
     suspend, or limit the application of duty-free treatment with 
     respect to Reconstruction Opportunity Zones in Afghanistan or 
     Pakistan or enterprises receiving benefits under section 404 
     or 405; and
       (2) if either Afghanistan or Pakistan fails to adequately 
     take the actions described in section 403 (b) and (c) of this 
     Act or section 502 (b) and (c) of the Trade Act of 1974 (19 
     U.S.C. 2462 (b) and (c)).

     SEC. 410. TERMINATION OF BENEFITS.

       Duty-free treatment provided under this title shall remain 
     in effect through September 30, 2024.

     SEC. 411. CUSTOMS USER FEES.

       (a) In General.--The Secretary of the Treasury shall 
     increase the amount of fees charged and collected under 
     section 13031(a) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the 
     provision of customs services in connection with imports and 
     travel from Afghanistan and Pakistan as necessary to meet the 
     requirements of subsection (b).
       (b) Minimum Amount.--The amount of the increase in fees 
     charged and collected under the authority of subsection (a)--
       (1) shall not be less than $12,000,000 for the period 
     beginning on the date of the enactment of this Act and ending 
     at the close of September 30, 2014; and
       (2) shall not be less than $105,000,000 for the period 
     beginning on the date of the enactment of this Act and ending 
     at the close of September 30, 2019.
       (c) Rule of Construction.--The amount of the increase in 
     fees charged and collected under the authority of subsection 
     (a) shall be in addition to the amount of fees that would 
     otherwise be charged and collected under section 13031(a) of 
     the Consolidated Omnibus Budget Reconciliation Act of 1985 
     (19 U.S.C. 58c(a)) for the provision of customs services in 
     connection with imports and travel from Afghanistan and 
     Pakistan.
       (d) Termination of Authority.--The authority provided under 
     subsection (a) terminates at the close of the date on which 
     the aggregate amount of the increase in fees charged and 
     collected under the authority of subsection (a) equals 
     $105,000,000.

  The SPEAKER pro tempore. After 1 hour of debate on the bill, as 
amended, it shall be in order to consider the amendment in the nature 
of a substitute printed in part B of the report, if offered by the 
gentlewoman from Florida (Ms. Ros-Lehtinen) or her designee, which 
shall be considered read, and shall be debatable for 30 minutes, 
equally divided and controlled by the proponent and an opponent.
  The gentleman from California (Mr. Berman) and the gentlewoman from 
Florida (Ms. Ros-Lehtinen) each will control 30 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 1886.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. Mr. Speaker, at this time I would like, for purposes of 
opening general debate, to yield to the chairman of the House Armed 
Services Committee, whom we have worked very closely with in putting 
together a bill that we can now bring to the floor, a very good bill. 
His help and the help of his staff, working with our staff, has really 
been just indispensable to the progress of this effort.
  I yield 3 minutes to the gentleman from Missouri (Mr. Skelton), the 
chairman of the House Armed Services Committee.
  Mr. SKELTON. I thank the gentleman for yielding.
  Mr. Speaker, this measure before the House today is very well one of 
the most important pieces of legislation that we will pass regarding 
national security.
  I first must compliment the chairman, compliment his staff, as well 
as the staff of the Armed Services Committee, who worked diligently to 
craft this piece of legislation. It's very important because Pakistan 
is very important. Pakistan is important to the Middle East and our 
intentions there. Their cooperation, of course, is so very, very 
important. This legislation gives economic and democratic development 
assistance to that country.
  What is, of course, of great interest to me is the security 
assistance that we have given Pakistan, some $400 million. I will leave 
it to the chairman, the very able chairman, to go into the details, but 
I must say that it not only provides for training and financing, one 
part that seems to be overlooked so often is the part that deals with 
the international military education, which has for a period of time 
missed out with this country of Pakistan, which again is back on our 
radar, and hopefully will be of great benefit to them as well as to us. 
It requires certain milestones to be met.
  Under the able leadership of this chairman, this is an excellent 
bill. I wholly endorse it. I certainly hope that we will get a very, 
very strong vote because the future of Pakistan is a centerpiece that 
we need to be successful for our efforts in that part of the world.
  With that, I again thank the chairman and compliment him, as well as 
all those who worked on it.
  Mr. BERMAN. Mr. Speaker, I thank the gentleman from Missouri, the 
chairman of the committee, for his kind comments, and I yield myself 3 
minutes.
  Mr. Speaker, the United States has an enormous stake in the security 
and stability of Pakistan. We can't allow al Qaeda or any other 
terrorist group that threatens our national security to operate with 
impunity in the tribal regions or any other part of Pakistan.

[[Page H6564]]

Nor can we permit the Pakistani state and its nuclear arsenal to be 
taken over by the Taliban.
  To help prevent this nightmare scenario, we need to forge a true 
strategic partnership with Pakistan and its people, strengthen 
Pakistan's democrat government, and work to make Pakistan a source of 
stability in a volatile region. H.R. 1886 is designed to help achieve 
these critical goals.
  This legislation would significantly expand democratic, economic, and 
social development assistance to help lay the foundation for a 
stronger, more stable Pakistan. The bill provides funding to strengthen 
the capacity of Pakistan's democratic institutions including its 
Parliament, judicial system, and law enforcement agencies. It calls for 
increased assistance for Pakistan's public education system, emphasis 
on access for women and girls. To help ensure that U.S. assistance 
actually reaches the Pakistani people, it requires increased auditing, 
greater monitoring, and better evaluation.
  H.R. 1886 also provides critical security assistance to help the 
government of Pakistan in its fight against the extremists that 
threaten the national security of both Pakistan and the United States. 
To strengthen civilian control of the military, H.R. 1886 requires that 
all assistance flow through the Pakistan's elected civilian government. 
And to support the administration's request for additional flexibility 
to address Pakistan's urgent security needs, the bill authorizes funds 
for the Pakistan Counterinsurgency Capability Fund, or PCCF. The 
legislation includes some important accountability provisions to ensure 
that Pakistan is using our security assistance in a manner consistent 
with U.S. national security interests. An annual Presidential 
determination is required that determines whether or not Pakistan is 
cooperating with the United States on nonproliferation, is meeting its 
commitment to combat terrorist groups, and has made progress towards 
that end.
  Contrary to what some have suggested, these are not rigid or 
inflexible conditions that severely constrain the military. We 
appreciate the urgency of the situation in Pakistan and the need for 
appropriate flexibility. We are simply asking Pakistan to follow 
through with the commitments it has already made. If their President is 
unable to make these determinations, then we should be asking ourselves 
much deeper questions about what we really hope to achieve in Pakistan.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BERMAN. I yield myself 1 additional minute.
  If their President is unable to make these determinations, as I 
mentioned, we should be asking the deeper question of why are we doing 
this. By including these accountability provisions in this bill, we lay 
down an important marker that Congress will no longer provide a blank 
check. We've had extensive conversation with the administration, with 
the Armed Services Committee, as I mentioned earlier, and have made a 
number of changes to make this legislation and this effort work better.
  I want to re-enforce the notion this is not a partisan product. This 
is a bipartisan bill. We are honored to have two of the most thoughtful 
and experienced Members from the minority side, Mr. Royce and Mr. Kirk, 
as original cosponsors of this legislation, and we hope that their 
actions and this debate will persuade a majority of both parties that 
this is an effort worth supporting.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I rise in opposition to H.R. 1886, the 
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009, 
and I yield myself such time as I may consume.
  Mr. Speaker, at the beginning of this debate, it's important to 
emphasize that Congress and the administration are united in our goals 
toward Pakistan. We want a long-term partnership with a modern, a 
prosperous, a democratic Pakistan that is at peace with itself and at 
peace with its neighbors. And we want a Pakistan that does not provide 
safe haven to al Qaeda, the Taliban, and other militant extremist 
groups.

                              {time}  1245

  Mr. Speaker, I appreciate the hard work that has gone into my good 
friend Chairman Berman's bill. I also recognize that both amendments in 
committee, as well as the manager's amendment, have made this a 
somewhat less objectionable instrument than it was at the outset, but 
it is still worthy of being objected to.
  However, concerns remain, and these are not just my concerns, but 
they are concerns that, I understand, the White House, the Defense 
Department and our own intelligence agencies continue to have with H.R. 
1886. These concerns are particularly acute in light of the current 
Pakistani military offensive against the Taliban and against other 
extremists in the North-West Frontier Province as well as the fact that 
the new policy is still evolving.
  Rather than a forward-looking bill that addresses the current 
leadership and the current dynamics in Pakistan, this bill before us, 
H.R. 1886, focuses on past actions and failures attributed to the 
Pakistani Government, punishing the new leadership for the sins of its 
predecessors. That is why I will be offering a comprehensive substitute 
which parallels the results of the administration's strategic review 
and which fully funds its request for critical nonmilitary and certain 
military assistance to Pakistan.
  Unlike the underlying bill, our measure provides the necessary 
flexibility for all U.S. agencies to respond quickly and to respond 
effectively to rapidly unfolding developments on the ground while still 
retaining robust accountability and congressional oversight of these 
programs.
  As Members will recall, on March 27, the President announced a new 
strategy to guide U.S. policy in Afghanistan and Pakistan. This 
strategy focused our efforts, the U.S. efforts, toward meeting a core 
goal: to disrupt, to dismantle and to defeat al Qaeda and its safe 
havens in Pakistan, and to prevent their return to Afghanistan or 
Pakistan.
  As our intelligence agencies have made clear, the threats emanating 
from al Qaeda and from their allies in Pakistan directly endanger our 
homeland security, the survival of Pakistan as a modern nation-state 
and the security of our friends and allies around the world.
  The President as well as all of his top advisers, including Secretary 
of State Clinton and Secretary of Defense Gates, insist that this new 
strategy is intended to be a framework, not a straitjacket, for U.S. 
policy. That is why Secretary Clinton has emphasized that the 
democratically-elected government in Pakistan shares our goals with 
respect to tackling militancy, and that is why she urged that Congress 
not legislate onerous conditionality that might undercut our efforts to 
work with Pakistanis who share the interests of the United States. That 
is also why Ambassador Holbrooke noted before our committee this May 
that certain legislative conditionality could prove seriously 
counterproductive.
  While the authors of H.R. 1886 may have sought to empower our 
Pakistani partners to undertake the formidable task of fighting and 
winning against violent extremists, it does the opposite. Further, 
accountability measures for Afghanistan and Pakistan must be tightly 
linked to the new U.S. strategy for the region rather than outdated 
assessments of the situation in Pakistan and preconceived notions about 
the response from our Pakistani partners.
  Mr. Speaker, we have gone down this road before. I recall during the 
Iraq debate in the last Congress Members expressed great distrust for 
the judgment of General Petraeus, and they sought to prejudge the surge 
strategy before it could even be implemented. Let us hope that this 
will not be repeated with respect to Pakistan and Afghanistan, as 
General Petraeus is now the chief of Central Command, leading the 
efforts of the Department of Defense in these countries and, in fact, 
in the broader theater.
  Why does the executive branch need great flexibility in trying to 
execute a strategy in Pakistan? Look what is happening on the ground 
right now. Six weeks of fighting between the Pakistani troops and the 
Taliban insurgencies have forced 2 million people from their homes in 
the Swat Valley and in other northwestern areas.

[[Page H6565]]

  According to Islamabad, since the operation began on April 26, 1,305 
militants have been killed; 120 have been arrested; 105 soldiers have 
died; and 306 have been injured. In response, the extremists have 
launched a wave of suicide bombings and other attacks in Lahore and 
elsewhere across the country.
  As one Pakistani writer noted, ``The terrorist backlash is 
principally aimed at draining public support from the army's offensive 
in Swat and to rattle the political and military establishments, weaken 
national resolve and erode public support for the anti-militancy 
campaign.''
  Fortunately, Pakistan's democratic government has responded with 
firmness and with new resolve to persevere and to succeed in our 
mission. Perhaps even more importantly, anti-Taliban sentiment among 
the Pakistani people appears to be increasing in response to the mayhem 
that has been unleashed by the militants. But these gains are fragile, 
Mr. Speaker. Winning the peace could yet prove elusive. There could be 
little doubt that the political and military challenges ahead for the 
government and for the people of Pakistan are, indeed, profound.
  That is why it is so important to provide this administration with 
flexible authorities to carry out its new strategy for Afghanistan and 
Pakistan, focusing on the strategic importance of Pakistan to the 
United States and to the world and focusing on the need for increased 
security, for increased governance and for development assistance to 
help us meet these vitally important goals.
  Finally, the rule for this bill made in order a self-executing 
mechanism whereby House Resolution 1318, a bill to provide duty-free 
treatment for certain goods from designated Reconstruction Opportunity 
Zones, ROZs, in Afghanistan and Pakistan, will be incorporated into the 
text of H.R. 1886 even though that legislation has never even been 
marked up in committee.
  While I support the concept of ROZs, this highly irregular maneuver 
is not the appropriate approach to take on this serious matter. 
Although we share the majority's goal, we believe that the Republican 
substitute that I will offer later in this debate affords the best 
means for the United States Congress and for the U.S. administration to 
work together to develop an integrated and effective assistance plan to 
advance our mutual interests in a democratic, stable and prosperous 
Pakistan that is a strong partner in the struggle against extremism and 
that maintains responsible controls over its nuclear weapons 
technology.
  With that, Mr. Speaker, I reserve the balance of our time.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 3 minutes to the 
chairman of the Middle East and South Asia Subcommittee, the gentleman 
with whom I just traveled to Pakistan, the gentleman from New York (Mr. 
Ackerman).
  Mr. ACKERMAN. Mr. Speaker, I rise in strong support of the 
legislation before us. I want to thank Chairman Berman for allowing me 
to work closely with him on this bill and, more importantly, for his 
producing such an excellent piece of legislation.
  Some may be surprised that I am an enthusiastic supporter of this 
bill to assist Pakistan. Over the years, I have been, unashamedly, one 
of the most persistent and aggressive critics of Pakistan's government 
and of the previous administration's policies for dealing with it. I 
remain deeply concerned about much of Islamabad's behavior, ranging 
from its cozy relations with native terrorist groups to its obsessive 
belief that India intends to devour Pakistan. None of Pakistan's 
governments have demonstrated a persuasive commitment to internal 
political or economic reform or to anything approaching real acceptance 
of the rule of law.
  Pakistan has been, at best, an obstreperous partner on the subject of 
proliferation, and like many, I fail to understand what possible reason 
they could have that could justify the stonewalling we've faced 
regarding the A.Q. Khan proliferation network. I continue to believe 
that Pakistan's interest in F-16 aircraft is akin to a fetish.
  Nevertheless, I am a strong supporter of the bill. Why? Very simply, 
it is time our partnership with Pakistan connects directly to the 
Pakistani people. Our previous strategy of depending wholly upon the 
government of Pakistan to fight a war most of its people detest is not 
sustainable, and I believe it has contributed significantly to the 
political instability in that country.
  This bill sets the stage for the United States to work with Pakistan 
to promote long-term development and infrastructure projects in all 
areas of Pakistan, to establish a real counterinsurgency and 
counterterrorism strategy and to ensure U.S. access to individuals 
suspected of engaging in nuclear proliferation. This legislation will 
help Pakistan gain control of its under-governed areas, and it will 
ensure accountability for all U.S. assistance to Pakistan.
  In addition to requiring the President to develop a real security 
strategy and to regularly report back to Congress on the effectiveness 
of our military assistance, the act prohibits such assistance until 
Pakistan demonstrates its commitment to shared security goals. There 
are also strong oversight and audit requirements for the State 
Department and for USAID, and there is a requirement for the U.S. 
Comptroller General to report independently on the effectiveness of our 
security assistance.
  This bill is a tremendous step forward for us in our efforts to bring 
peace and stability to South Asia. I would hope that every Member would 
support this legislation. I thank the chairman.
  Ms. ROS-LEHTINEN. Mr. Speaker, at this time, I am pleased to yield 5 
minutes to the gentleman from Indiana (Mr. Burton), the ranking member 
of the Subcommittee on the Middle East and South Asia.
  (Mr. BURTON of Indiana asked and was given permission to revise and 
extend his remarks.)
  Mr. BURTON of Indiana. Mr. Speaker, first of all, let me congratulate 
our chairman on crafting a bill that, in large part, is very good. It 
increases aid to Pakistan by triple in some areas, and I think it's 
very positive. It deals with economic and humanitarian assistance that 
will help Pakistan build schools, roads and hospitals, and it will help 
Pakistan's economic infrastructure. All of that is good. I know that 
the President and the administration support that as well.
  But unfortunately--here comes the ``but'' part--unfortunately, the 
chairman and our Democrat colleagues decided to load this bill up with 
ill-conceived provisions to micromanage U.S. security assistance to 
Pakistan, as the ranking member just said. This is not just my opinion. 
The Secretary of Defense, Mr. Gates, and the chairman of the Joint 
Chiefs of Staff, Mr. Mullen, wrote the Armed Services Committee last 
month. Here is what they said:
  ``The degree of conditionality and limitations on security assistance 
to Pakistan'' in H.R. 1886 ``severely constrains the flexibility 
necessary for the executive branch and the Department of Defense given 
the fluid and dynamic environment that exists in Pakistan.''
  Mr. BERMAN. Will the gentleman yield? After yesterday, why wouldn't 
you?
  Mr. BURTON of Indiana. I will in a minute. Do you remember last night 
when I asked you to yield? But that's okay. I will yield to you in a 
minute just to show you what kind of a guy I am.
  Anyhow, this is a very difficult time over there. I would like to say 
to my chairman, if he could see this--Mr. Chairman, I hope that you can 
see this. It's very important that we look at the situation on the 
ground in Pakistan right now.
  The green area is the area that the government controls. The brown 
area is the area that the Taliban controls. The tan area is where there 
is a strong Taliban presence. The yellow is where there are federally 
supported tribal areas. Of course, up here in the north is the blue 
North-West Frontier Province.
  If we lose this, if we lose this here, you've got a heck of a problem 
in Afghanistan. That's the entire border with Afghanistan. If you lose 
that, then the President's goal to stabilize and to win the war in 
Afghanistan is going to go right down the tubes, and this micromanaging 
that you're doing in this bill is not going to be helpful.
  Now, in the past, I have not agreed with Senator Kerry. In fact, I 
can't remember ever agreeing with Senator Kerry. But just to let you 
know that there is some bipartisan opposition, I want to read to you 
what he said. Senate Foreign Relations Chairman John

[[Page H6566]]

Kerry, Democrat of Massachusetts, the author of similar Senate 
legislation, Senate bill 962, said, it's ``overly restrictive'' and 
``counterproductive.''
  ``It sends a message in the Pakistani body politic that the people of 
Pakistan say, `Well . . . we're just doing their (U.S.) bidding, we're 
their lackeys, we're not in control.' ''
  I think that's counter to the kind of message that we want to send to 
Pakistan right now.

                              {time}  1300

  This is a very difficult time. This is not just a debate between the 
chairman and the ranking member and me. This is war and peace. It's the 
survivability of Pakistan as an independent country. It's winning or 
losing the war in Afghanistan. And we have to remember that Pakistan is 
a nuclear power. If the Taliban is successful in this area, not only 
will Afghanistan go down the tubes, but in likelihood, they will have 
control of some nuclear weapons. I know we've got precautions that are 
being taken to stop that. But in the event this takes place and we lose 
control of those nuclear weapons, we've got a real possible 
conflagration for the whole area in that part of the world.
  So I would like to say to the chairman, and I hope in conference 
committee this is changed, that this micromanaging that you're doing to 
try the tell the Pakistani Government how to conduct its military 
operations in Pakistan, that that is limited or stopped.
  Mr. BERMAN. Will the gentleman yield?
  Mr. BURTON of Indiana. I will be happy to yield.
  Mr. BERMAN. This isn't for a polemic. It's really just to take what 
you said.
  Number one, I agree completely with the urgency of it. If I didn't--
we don't have a lot of money--we would not be authorizing these sums. 
We share your sense of the urgency of the situation.
  Secondly, the letter you cite is correct. The letter is not correct, 
but the existence of the letter is correct. But it was addressed to a 
bill that had been introduced. Since the introduction of the bill, we 
have gone through elaborate negotiations with the House Armed Services 
Committee. To deal with some of the issues that letter was concerned 
about, we have worked through, both in the supplemental and in the 
authorizing committee----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. ROS-LEHTINEN. I will give the gentleman an additional 1 minute 
because we do want to clarify Senator Kerry's statements.
  Mr. BURTON of Indiana. Let me just say to my colleague that there is 
an unnecessary limitation relating to Pakistan's F-16 program that 
could be dealt with by nonlegislative means, which you're dealing with 
that in this bill. It shows that there is no trust: a limitation on 
State Department-funded assistance unless Pakistan meets certain 
conditions relating to nonproliferation, counterterrorism, and other 
issues.
  Mr. BERMAN. Good things.
  Mr. BURTON of Indiana. I don't understand you.
  Mr. BERMAN. Ensuring that the mission that we are equipping and 
training for is committed to a counterinsurgency, not an arms race in 
South Asia.
  Mr. BURTON of Indiana. All I can say, if you read the bill and you 
listen to the debate and listen to even what Senator Kerry says, with 
whom I don't agree with very much, you see that there is too much 
micromanaging in this bill.
  This is a war over there, and we should be supporting our ally in 
every way possible so the Taliban isn't victorious.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield to someone who, 
like the previous speaker, the gentleman from Indiana, has spent a 
great deal of time in Pakistan looking at the situation. She chairs the 
Pakistan Caucus. She joined our congressional delegation in Pakistan in 
the month of April and speaks with great knowledge and experience on 
this subject, the gentlelady from Texas, Ms. Sheila Jackson-Lee, for 3 
minutes.
  Ms. JACKSON-LEE of Texas. I thank very much the distinguished 
chairman of the full committee for both his insight and his leadership, 
and my good friend, the subcommittee chairman, Mr. Ackerman, and my 
doubly good friend, Mr. Burton, who was just on the floor of the House 
who shares with me this commitment to Pakistan.
  Mr. Speaker, the reason why we must go forward today is for the very 
reason that our colleagues have been addressing themselves to our 
colleagues, if you will. We have a crisis, a dire crisis in Pakistan. 
There is no time for us to quarrel over what really are minimal 
differences, if you will. Right now, as we speak, 2\1/2\ million people 
are homeless. They are fleeing the conflicts in the Swat area that has 
been initiated by the Pakistani Government that is standing not for 
America, but is standing for the freedom of her people. And we must 
applaud these actions.
  We must look to the leadership of the President, the leadership of 
the Secretary of State, who has a strong commitment to Pakistan, the 
policies of this new government. Our government is to recognize 
Pakistan as an ally. And so 1886 is a bill that recognizes 
comprehensively that we have an equal ally that is fighting against 
terrorism within their borders.
  I have been to Peshawar, Islamabad, and any number of the sites 
visiting with leaders around the Nation. I have been to the schools 
that are trying to replace the madrasas. And in this legislation, we 
have, for example, a Pakistan development and prosperity fund.
  Just 3 weeks ago, a hundred-plus members of the Pakistani community 
met in New York to talk about how they can provide social services to 
that nation. As we speak, there are medical doctors from the Pakistani-
American community that are leaving their homes here in the United 
States to go to Pakistan to help these refugees.
  So let us look at the big picture that this legislation provides. The 
prosperity fund, yes, there are conditionalities, but I would suggest 
that they are refrained from the issues that the distinguished Member 
in the other body spoke to, and we're going to work even further.
  But if our colleagues appreciate the fact that there are dire 
conditions that the Pakistan military is fighting the terrorists, they 
will help us pass 1886. This bill refers, itself, to the nuclear 
materials and requires the protecting of those materials. Do we want to 
leave that willy-nilly?
  This particular legislation also, in essence, helps to protect women 
and girls, to provide more resources for women and girls. It helps to 
deradicalize the youth. This legislation is a stopgap to the crisis and 
the emergency.
  I ask my colleagues to read it. This bill should be passed.
  I urge you to support H.R. 1886, The Pakistan Enduring Assistance and 
Cooperation Enhancement Act. H.R. 1886 establishes a new, more positive 
framework for U.S.-Pakistan relations. The legislation establishes a 
set of principles that should govern the U.S.-Pakistan relationship, 
including the actions that the two countries should take to maintain a 
robust, relevant and lasting relationship. The bill is comprised of 
three titles.
  The first title provides Economic, Social and Democratic Development 
Assistance for Pakistan; the second title provides Security Assistance 
for Pakistan; and the third title requires the President to develop a 
regional security strategy; provides for enhanced monitoring, 
evaluation, and auditing of U.S. assistance; requires a Presidential 
report on Pakistan, including an evaluation on Pakistan's progress in 
counterterrorism and an assessment of whether assistance provided to 
Pakistan is in any way facilitating the expansion of Pakistan's nuclear 
weapons program; and requires that all assistance to Pakistan be 
provided through a civilian government in Pakistan established by free 
and fair elections.
  Pakistan is a critical ally of the United States. For too long, 
however, our relationship with Pakistan has been one of fits and 
starts, depending on events in the region and who happens to be in 
power in Pakistan. It is time for us the United States to forge a truly 
strategic partnership with Pakistan, one that goes beyond our mutual 
interest today in counterinsurgency and counterterrorism and speaks to 
the everyday needs of the average Pakistani.
  H.R. 1886 accomplishes these objectives. The legislation would 
significantly expand economic, social and democracy assistance to help 
lay the foundation for a stronger, more stable Pakistan. In particular, 
the bill authorizes a Pakistan Democracy and Prosperity Fund, a 
permanent fund in the U.S. Treasury for which the United States, along 
with other interested nations, nongovernmental organizations and even 
private citizens, can contribute

[[Page H6567]]

to the prosperous future of Pakistan. The fund also provides additional 
flexibility to the State Department in order to provide such 
assistance, thereby responding to the ever dynamic situation Pakistan 
faces with its on going efforts to counter a domestic insurgency and 
provide humanitarian care for its displaced people.
  As much as we must focus on the internal conflicts in Pakistan, we 
must not forget the external issues affecting the region as a whole and 
the need for stabilization.
  Over the years, U.S. assistance to Pakistan has fluctuate with 
political events, sending mixed messages and leading most Pakistanis to 
question both our intentions and our staying power. Today, many 
Pakistanis believe the United States will cut and run when it serves 
our purpose, a belief which undermines our longterm efforts to defeat 
extremists, foster democratic change, and support transparent and 
accountable institutions that promote security and stability in 
Pakistan.
  However, the status quo is not working: many in the United States 
believe we are paying too much and getting too little--and most 
Pakistanis believe exactly the opposite. Without changing this 
baseline, there is little likelihood of drying up popular tolerance for 
anti-U.S. terrorist groups or persuading Pakistani leaders to devote 
the political capital necessary to deny such groups sanctuary and 
covert material support.
  The bill helps bridge a sustainable U.S.-Pakistan partnership through 
an increased focus on public diplomacy and engagement. H.R. 1886 
authorizes a new exchange program for Pakistani civil servants and 
military officers in order to foster greater respect for and 
understanding of the principle of civilian rule in Pakistan's military. 
By building bridges to Pakistan and its people, the legislation is 
intended to provide a new, more positive framework for U.S.-Pakistan 
relations. Finally, the bill authorizes an extensive increase in 
military assistance to help Pakistan wage an effective 
counterinsurgency campaign against those forces that threaten 
Pakistan's national security.
  This legislation establishes a new, more positive framework for U.S.-
Pakistan relations. The legislation establishes a set of principles 
that should govern the U.S.-Pakistan relationship, including the 
actions that the two countries should take to maintain a robust, 
relevant and lasting relationship.


                    RECONSTRUCTION OPPORTUNITY ZONES

  It is important to note that the rule incorporated into this bill a 
modified version of H.R. 1318, Afghanistan-Pakistan Security and 
Prosperity Enhancement Act. These provisions create Reconstruction 
Opportunity Zones (ROZs) in Afghanistan and Pakistan, where non-trade-
sensitve exports would be permitted to enter the U.S. duty-free.
  From a broader foreign policy perspective, the ROZ initiative 
constitutes an affirmation of the importance of the United States 
attaches to Pakistan and Afghanistan via a long term effective economic 
program that is directly aimed at improving the lives of its people. 
ROZs work toward achieving counterinsurgency policy goals, as job 
creation in these areas would counter al-Qaeda and Taliban recruitment 
efforts by offering alternatives to joining the insurgency. Such job 
creation and will serve as positive reinforcement for young people on a 
path toward building a solid future in Pakistan where these young 
people would otherwise turn to extremism as their way of life.
  Moreover, it should be noted that the AFL-CIO does not oppose ROZs, 
as these zones assist in achieving the delicate balance of helping 
Pakistan establish a better economy, while simultaneously respecting 
trade restrictions here in the United States. On the premise of a new 
friendship between the United States and Pakistan, we need to support 
H.R. 1886. The ROZ initiative open avenues for employment and job 
growth in Afghanistan and Pakistan, and its impact will help shut down 
paths that lead to terrorism, warlords and the drug trade. 
Additionally, I was a co-sponsor of the original ROZ bill and maintain 
its importance.


                           AMENDMENT LANGUAGE

  I have worked tirelessly with Chairman Berman to include several key 
provisions in this important legislation. First, I am pleased that the 
Chairman has included language from my past amendments in the 
legislation which states that the United States recognizes the recent 
major efforts that Pakistan has taken in the SWAT area. Second, my 
language included in the former manager's amendment includes language 
on page 40 in section 206 which states that any limitations on the 
dispensation of military funds to Pakistan should be modified or 
reconsidered if Pakistan has made rapid compliance with the objectives 
contained in the section (i.e., those objectives that lead to 
cooperation with the United States). Additionally, the legislation 
includes important language on page 19 that funding for education must 
be used for the education of school girls between the ages of 10-20 and 
that the money should be used to make sure that these girls stay in 
school.
  I have also worked closely on the Manager's Amendment to H.R. 1886, 
which includes important language that funding for rehabilitation 
programs is designed to deter military insurgence. It is imperative 
that United States security assistance for Pakistan should be used for 
the creation of militant rehabilitation programs designed to 
rehabilitate insurgents and to prevent youth from turning to militancy 
from the onset. Such militant rehabilitation programs shall be 
implemented by moderate Islamic clerics, in keeping with Islamic 
tradition. United States security assistance for Pakistan should 
further be used to create incentives for steering insurgents away from 
militancy by providing financial support and job assistance for those 
militants who effectively renounce their subscription to militancy. I 
would urge that my colleagues support the Manager's Amendment. I 
believe that it contains language that would be of benefit to the 
Pakistani people.


                           CODELS to PAKISTAN

  I have been to Pakistan many times. My belief in this country and its 
relationship with the United States drove me to co-chair the Pakistan 
Caucus. This year alone, I have participated in two Congressional 
Delegation Trips to Pakistan, and I am very passionate about diplomatic 
relations between our two countries.
  Benazir Bhutto, shortly before her death, said that ``The next few 
months are critical to Pakistan's future direction as a democratic 
state committed to promoting peace, fighting terrorism and working for 
social justice. Democracy is necessary to peace and to undermining the 
forces of terrorism.'' I had the pleasure of knowing the late Benazir 
Bhutto and losing her in death was truly a tragedy felt beyond 
Pakistan. She made this statement over two years ago, yet is relevant 
today more than ever.
  On May 19, 2009, Secretary of State Hillary Clinton announced $110 
million in emergency assistance for the South Asia nation of Pakistan, 
including aid for civilians fleeing a military offensive against 
Taliban militants in the northwest. The United Nations refugee agency 
issued a report stating that more than 1.4 million people in the North 
West Frontier Province (NWFP) have been registered as displaced since 
May 2, describing the flood as the largest and swiftest to take place 
anywhere in the world in recent years.
  The newly-registered internally displaced persons (IDP) took the 
total number of those who have fled their homes in the SWAT valley and 
surrounding areas to 2 million.
  I am hopeful that the $110 million in emergency assistance will get 
to the people on the ground and will be of assistance to them. It is 
important that the people of Pakistan see that the aid is coming from 
America to give a face to this aid. It is essential t global security 
and the security of the United States.
  The surge of IDPs followed the launch of a military offensive in late 
April. President Asif Ali Zardari acted after U.S. officials stepped up 
warnings that Islamabad's willingness to tolerate and negotiate peace 
deals with the militants was endangering both Pakistan and the wider 
region. The Taliban fighting spread to NWFP districts and SWAT.
  President Obama's new approach to Pakistan is different than anything 
that has been tried before. America has expressed that it will support 
the democratically-elected government and it will have a clear and 
transparent relationship.
  In conclusion, I urge you to support H.R. 1886, the Pakistan Enduring 
Assistance and Cooperation Enhancement Act, which seeks to and 
effectively establishes a new, more positive and enduring framework for 
U.S.-Pakistan relations.
  Ms. ROS-LEHTINEN. Before yielding time to my distinguished friend 
from Florida, I would like to clarify that Senator Kerry was indeed 
referring to the bill as amended to the text we're considering today. 
And further, much reference has been made to the Armed Services 
Committee, as the gentleman knows from Florida, but the Armed Services 
minority did not sign off on the bill before us due to pending 
concerns.
  And with that, I am proud to yield 5 minutes to the gentleman from 
Florida (Mr. Miller), the ranking member on the Armed Services 
Subcommittee on Terrorism and Unconventional Threats.
  Mr. MILLER of Florida. I thank the ranking member, and I appreciate 
you bringing up the fact that our friends on the majority are, again, 
talking about the bipartisan efforts that have been made with the Armed 
Services Committee, all of the extensive negotiations that have taken 
place. I serve on the Armed Services Committee. I am the ranking 
member, as Ms. Ros-

[[Page H6568]]

Lehtinen just said. There has been absolutely no negotiation with any 
member of the minority side of the House Armed Services Committee.
  You know, it sounds like a great thing to support when you look at 
the bill, at least the title of the bill, but when you start looking at 
it, reading it, listening to the people who it actually is going to 
affect, like General David Petraeus who I met at CENTCOM last week and 
had an opportunity to talk to him about these specific issues, he said 
it is going to tie their hands, not allow us to do what we need to do 
and the military needs to do to train and assist in this very important 
issue.
  Nobody, I think, has any qualms or quarrels with the majority side 
saying this is something that needs to be done. The issue is a 
jurisdictional problem with regards to whether State or DOD has input 
or actually controls what goes on in this program.
  Look, I've been to Pakistan and Afghanistan three times in the last 
year. I understand what's going on there. I know how hard the 
Pakistanis are fighting to control what's going on in their country. We 
need to do what we can do to help with the counterinsurgency problem. 
But it's my understanding that the President does not support this 
particular piece of legislation and, as has already been said on the 
floor today, that Senator Kerry does not support this particular piece 
of legislation.
  So those are the facts. Others may not want to necessarily address 
those facts and say that they are, in fact, true, but they are. And I 
heard a Member on the floor of the House yesterday trying desperately 
to get Members to understand and believe that Foreign Service members, 
as a whole, are actually on the front lines.
  Look, the State Department cannot compel any State Department 
employee to go into a combat zone. This is a DOD issue. This is a 
counterinsurgency issue. It needs to be in the basket, if you will, of 
the Department of Defense. The majority's tendency to use diplomacy for 
every single thing should not result in a career State Department 
bureaucrat running a military counterinsurgency operation. It just 
shouldn't be so.
  Look, as I said, they can't legally compel their people to go into a 
combat zone, but what they do is they use money for programs to fly 
Muslim people from the United States of America to Sweden to talk about 
issues in regards to Islamic outreach, which I have serious concerns 
with that particular program, but that's the State Department and 
that's what they want to do. I think they probably would have thought 
that the diplomatic efforts that Pakistan made in the Swat Valley was 
the thing that we should have done. It was not something that should 
have been done, and we know the Taliban broke the truce real quickly 
after that was done.
  But look, the Department of State should not be taking the lead in 
this vital issue. It should be the Department of Defense. And I think 
that, ultimately, Members of this body on both sides of the aisle 
understand that.
  So I urge a defeat of this flawed particular piece of legislation.
  The SPEAKER pro tempore. Without objection, the gentleman from New 
York (Mr. Ackerman) may control the time of the gentleman from 
California (Mr. Berman).
  There was no objection.
  Mr. ACKERMAN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlelady from California (Ms. Watson.)
  Ms. WATSON. I rise today in support of H.R. 1886, the Pakistan 
Enduring Assistance and Cooperation Enhancement Act, called PEACE, of 
2009.
  Since President Barack Obama took the reins of our Nation, he has 
begun to lead us in a new era of foreign policy based on the theme: 
listen, learn, then lead.
  This bill introduced by Chairman Berman is the beginning of this new 
era of American foreign policy which will give the President the tools 
he needs to bring peace and long-lasting stability to Pakistan. The 
PEACE Act authorizes the President to provide assistance for Pakistan 
to enhance economic development, human rights, cultural and educational 
programs, the judicial system, and democratic institutions in order to 
strengthen civilian rule and long-term stability.
  This bill does not allow Pakistan to use any of this assistance to 
upgrade or buy new F-16s or upgrade its nuclear arsenal. The reporting 
requirements in the PEACE Act provide the necessary oversight 
provisions which require Pakistan's government and the Obama 
administration to inform Congress on the progress and uses of our 
assistance.
  I urge my colleagues to support H.R. 1886.
  Ms. ROS-LEHTINEN. I reserve the balance of our time.
  Mr. ACKERMAN. Mr. Speaker, I am pleased at this time to yield 2 
minutes to the gentleman from Virginia (Mr. Connolly).
  Mr. CONNOLLY of Virginia. I thank my colleague, Mr. Speaker, and I 
rise in support of H.R. 1886, the Pakistan Enduring Assistance 
Cooperation Act, and I congratulate our chairman, Mr. Berman, for his 
leadership.
  This bill is a national security bill. It authorizes military 
assistance to help Pakistan disrupt and defeat al Qaeda and insurgent 
elements, including the Taliban, and requires that the majority of such 
assistance be focused on critical counterinsurgency and 
counterterrorism efforts.

                              {time}  1315

  Additionally, the bill requires that all military assistance flow 
through the democratically elected Government of Pakistan.
  The legislation includes accountability measures for military 
assistance, including a requirement that the Government of Pakistan 
demonstrate a sustained commitment to combating terrorism. The bill 
aligns Pakistan's defense goals with ours by conditioning military aid. 
Specifically, the bill provides $400 million a year in military aid on 
the condition that Pakistan cooperate in dismantling nuclear supply 
networks and fighting terrorist groups. The bill will not provide 
funding for Pakistan to build its forces on the eastern border with 
India, as the real threat lies on the western border. To this end, the 
bill would bar the use of foreign military financing to buy or upgrade 
F-16 fighter jets with the exception of money to finish a 2006 deal.
  I understand the concerns about Pakistan's commitment to fighting 
terrorism. I myself have concerns about Pakistan's nuclear arsenal and 
its past history of proliferation. This is why, at my request, the 
report language accompanying this bill specifically mentions the A.Q. 
Khan proliferation network as a source of concern in the United States 
and that representatives of the United States must have access to him 
because they have not interviewed him.
  Pakistan, Mr. Speaker, is a key partner in South Asian security. 
Clearly, recent events in the Swat Valley demonstrate that stability in 
the region is not just an American concern. We must move ahead with 
clear expectations and goals, as this bill enumerates, to ensure that 
U.S. aid is being used in the most effective manner possible. 
Ultimately, this will benefit both the Pakistani people and U.S. 
strategic interests. This bill, H.R. 1886, does that; and I urge my 
colleagues to support it.
  Ms. ROS-LEHTINEN. Mr. Speaker, before yielding to my good friend from 
Texas, I would like to point out, as the previous speaker noted, this 
is supposed to be a national security bill, yet the majority tagged on 
a trade bill to it, and then, under the rule, attaches it to the State 
bill.
  I am proud to yield 2 minutes to the gentleman from Texas (Mr. 
Brady), the ranking member on the Ways and Means Subcommittee on Trade.
  Mr. BRADY of Texas. Mr. Speaker, I rise in opposition to this bill 
due to the last-minute addition of the Pakistan Afghanistan Recovery 
Opportunity Zone bill.
  While I commend Congressman Van Hollen for his hard work and his 
strong commitment to this very important legislation, I am concerned 
the bill fails to encourage significant investment in the Afghan and 
Pakistan regions under the new trade program. And I say that as someone 
who believes that trade can be a powerful tool to help developing 
countries lift themselves up out of poverty. Unfortunately, I believe 
this bill will discourage economic development and investment because 
it includes some dangerous eligibility criteria that will drive away 
investment and require each firm, including U.S. firms, there

[[Page H6569]]

to meet labor standards that could exceed U.S. law in such a way that 
will create a dangerous precedent that could be applied to our own 
free-trade agreements, making U.S. labor laws vulnerable to challenge 
from foreign countries.
  And the scope of the eligible products in the bill, unfortunately, 
have been whittled down--I know there have been difficult negotiations 
to try and broaden that--and it imposes fees on certain Pakistan 
products in return for sales of others; again, sort of, I think, a 
tradeoff that has been difficult to swallow.
  I am concerned that this measure, despite its excellent intentions--
and again, very hard work from Congressman Van Hollen--will fall short 
of its objectives to bring economic stability to this very difficult 
region.
  I would point out, too, we are doing a lot to open up America to 
foreign countries. We've had six votes to open up America to foreign 
sales, but no votes to open up other countries to what we sell. It's 
not enough to buy American; we need to sell American products 
throughout the world. And in this economic recession, we have three 
pending trade agreements that would allow us to sell $11 billion of 
American products around the world to create jobs here in the United 
States that are being held up, not brought to a vote on the floor. We 
need to get our priorities right. As we help lift countries up, let's 
lift American jobs up as well.
  The SPEAKER pro tempore. Without objection, the gentleman from 
California (Mr. Berman) reclaims his time from the gentleman from New 
York (Mr. Ackerman).
  There was no objection.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 3 minutes to the 
ranking member of the Terrorism Nonproliferation and Trade Subcommittee 
of the Foreign Affairs Committee, a cosponsor of the legislation and 
another member of the congressional delegation that went to Pakistan 
last month. In fact, everybody who went to Pakistan with me is 
supporting this bill. I should have taken more people. But I yield to 
the gentleman from California (Mr. Royce).
  Mr. ROYCE. I rise in support of this very important legislation, and 
I think there are a few points that we should keep in mind.
  The first is that Pakistan is a tinderbox; its government is very 
weak, and social and economic trends are moving in the wrong direction 
and that is fostering extremism. The Pakistan Government has killed 
many militants over the last few weeks, but the insurgency remains 
potent. And, clearly, Pakistan is going to be troubled for some time.
  Second, this region is the center of international terrorism. And 
most importantly, Pakistan has a growing nuclear arsenal. Now, we can 
either stay engaged and try to shape events, or go to the sidelines and 
see a bad situation become a possible disaster.
  Third, to date, Pakistan has taken us for a ride. Since 9/11, we have 
provided Pakistan with some $12.3 billion. We spent billions before 
that. I've been to Pakistan a number of times; I have seen what has 
happened without conditions. I have also seen the need there. A school 
that I visited in the North-West Frontier has now been blown up, and 
madrasas now educate kids there in jihad. I have been to Peshawar. I've 
been to the regions where this militancy has to be confronted.
  Little has improved without conditions, and there has been 
significant waste and corruption. So this legislation is the proposal 
we have with the best conditions. It best conditions that aid. It takes 
the position that while we must work with the Pakistani Government, our 
experience demands greater accountability from that government. No 
blank checks. That the Pakistan Government denounces this bill's 
conditions, frankly, should be a selling point.
  I do, however, have one significant reservation. The trade provision 
that the Rules Committee majority added to this bill is sheer window 
dressing. As this bill goes to conference with the Senate, as the 
process continues, this trade provision must be liberalized. Increasing 
trade should be an important goal.
  In short, the situation in Pakistan is dire, and with its nuclear 
arsenal, the stakes could not be any higher. We need all the 
accountability we can get. And that's why I support this bill.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am so proud to yield 3 minutes to 
the gentleman from Michigan (Mr. Camp), the ranking member on the 
Committee on Ways and Means.
  Mr. CAMP. I thank the gentlewoman for yielding.
  I strongly oppose H.R. 1886, in particular, language inserted at the 
Rules Committee to create a new, but poorly designed, trade preference 
program for Afghanistan and Pakistan.
  While I would support a well-designed program to create jobs and spur 
economic development, this legislation is deeply flawed. First, it 
brings virtually no economic benefit because the product mix is 
stingy--an economic fig leaf that should fool no one.
  My second objection is even more fundamental. While the bill is light 
on commercial benefits, it is heavy on intrusive, impractical labor 
requirements that could exceed U.S. law. Now, I very much support 
improving labor conditions; but these new, unnecessarily onerous labor 
criteria would impede investment and won't improve labor conditions.
  Specifically, this legislation requires the Secretary of Labor to 
designate any entity to conduct firm-level inspections in Afghanistan 
and Pakistan to ensure compliance with ``core labor standards,'' even 
an NGO hostile to trade. This vague language subjects firms to 
arbitrary standards that could exceed U.S. law--I repeat, that could 
exceed U.S. law. Given the dire security situation there, having 
inspectors go from door to door, even cottage to cottage, to enforce 
such standards strains credibility.
  Moreover, this standard exceeds the labor provisions in other 
preference programs and even our trade agreements negotiated under the 
bipartisan May 10 standard for FTAs both lauded by the Speaker and 
Chairman Rangel. It could be viewed as a precedent to justify the 
inclusion of similar language, not only in new trade agreements, but 
perhaps even in efforts to revise existing ones, which would, of 
course, apply to us as well, leaving the United States vulnerable to 
challenges that our labor laws don't meet this standard.
  I am also concerned about the pay-for. For every dollar of duty 
relief that reconstruction opportunity zone exports from these 
countries receive, other Pakistani and Afghan exports have to pay at 
least that amount in increased fees, making these countries potentially 
worse off than they are right now.
  Lastly, I am disappointed that this is my first opportunity to 
explain my concerns. This bill was not even considered by the Ways and 
Means Committee, which, again, it's not about the committee but again 
this denies the American people their voice. This is not the return to 
regular order we were promised by the Speaker. And I fear this is not 
the last time this month I will be on the floor raising that concern.
  The provision also subverts the prerogatives out of the House by 
turning an aid bill into a revenue measure, ripe for mischief when it 
gets to the other side of the Capitol.
  Because of all of this, I strongly oppose the legislation in its 
current form. I urge my colleagues to vote against the measure.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to the 
principal cosponsor of the legislation, the gentleman from Illinois 
(Mr. Kirk).
  Mr. KIRK. I thank the chairman.
  I want to praise the chairman and his team for putting together a 
bipartisan bill regarding our assistance to Pakistan. This is a very 
critical region for the United States and assistance is authorized 
under this legislation, and necessary. But as was stated before, when 
Colin Powell called the President of Pakistan right after September 11, 
he offered a choice: you're either with us or against us. And President 
Musharraf picked well. Under that arrangement, we did provide $12 
billion to Pakistan but largely without strings attached. And the 
Pakistani effort against the militants, especially in the frontier 
autonomous region, was initially aggressive but then petered out. The 
United States was providing $16 million a month to the Pakistani 
military but after 2005 was receiving little benefit.

[[Page H6570]]

  Under the new government, that is, unquestionably, a democratic 
government, I think we have a more stable partner to deal with in the 
war on terror, specifically in what the Pentagon would call the ``al 
Qaeda core.'' With this new government really representing the essence 
of the Pakistani middle class, we now take on their true aspirations in 
which the central issue for the long term is not nuclear competition 
with India, but how quickly Pakistan is falling behind India's rising 
economic growth.
  In that view, then, a bunch of radicals ruining the economic and 
business climate of Pakistan is a mortal danger to the future income of 
Pakistanis. On that basis, a war on terror is solidly grounded in 
democracy, in the Pakistani middle class, and the joint interest to the 
United States. But this bill reflects what we have learned over the 
last 5 years, that strings should be attached, that benchmarks should 
be established, that we should have accountability in that very 
difficult part of the world.
  I will also praise this bill because it is probably the only free 
trade bill this Congress will adopt, and it represents a true 
bipartisan will that will help add to the employment of Pakistan and 
stability of that country.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to the 
vice Chair of the Subcommittee on Terrorism, Nuclear Nonproliferation, 
and International Trade of the Foreign Affairs Committee, the gentleman 
from Georgia (Mr. Scott).
  Mr. SCOTT of Georgia. Mr. Chairman, thank you very much.
  This is really the most critical, the most important piece of 
legislation facing us right now. The situation in Pakistan is very 
tenuous; it is very critical. We have before us a very significant 
piece of legislation that has been expertly crafted. Yes, trade is a 
part of it because trade is important at this time to make sure that we 
are able to help sustain the economy of Pakistan at this very critical 
time.
  Pakistan is in a fragile situation. Military aid is in here, yes, 
because Pakistan needs this. But we have the safeguards here because, 
let me just say, the other side mentioned something a little while back 
about the Department of Defense and their role. Let us go back for an 
example in Afghanistan.
  In Afghanistan, we do not want another repeat of the very significant 
problem that the Department of Defense had in Afghanistan with losing--
yes, losing--significant military equipment to the Taliban.

                              {time}  1330

  The U.S. taxpayers deserve better, and in this bill we are giving 
them better. We are giving the oversight. In essence, we are making 
sure that aid that we give to Pakistan is properly used, that oversight 
is in place, that benchmarks are in place. We're making sure that any 
entity that is being used, whether it's military or certainly their 
nuclear weapons, do not fall into terrorists' hands or into other 
hands. We've made sure, under the leadership of Ms. Lee, who's on this 
committee, with the chairman's manager's amendment, that we have 
safeguards in here to make sure that none of these funds are used to 
even expand their nuclear capacity.
  This is an extraordinary bill at an extraordinary time. It is heavily 
bipartisan, and I commend the chairman on an excellent piece of 
legislation.
  The SPEAKER pro tempore. The gentleman from California has 7\1/2\ 
minutes remaining. The gentlewoman from Florida has 6\1/2\ minutes 
remaining.
  Ms. ROS-LEHTINEN. I yield myself as much time as I may consume.
  Mr. Speaker, as we have noted here on the floor, too often the 
relationship between the United States and Pakistan has been 
characterized by mutual frustration engendered by a growing trust gap. 
And while the leaderships of the two countries place a high value on 
our relationship, their publics and their legislatures have viewed each 
other with suspicion and depicted each other as unreliable allies. But 
with the advent of a new administration, both in Pakistan and in the 
United States, we're offered a window of opportunity to redefine, to 
recalibrate relations.
  Both sides need to guard against unrealistic expectations but be 
prepared to engage in an honest dialogue; and therein lies the rub, Mr. 
Speaker. As a Pakistani civil society leader and a close confidant of 
the late Benazir Bhutto has said, ``Conditioning aid turns on its head 
the very rationale for assistance to stabilize Pakistan and empower it 
to deal more effectively with security challenges. An approach that 
treats Pakistan from the paradigm of `hired help' rather than `valued 
ally' is deeply counterproductive. It only reinforces the transactional 
nature of ties that are so resented by Pakistanis.''
  Mr. Speaker, our overarching goal should and, indeed, must be--do no 
harm. Unfortunately, the bill before us could hamper, rather than help, 
vital U.S. security and strategic objectives regarding Pakistan and 
Afghanistan.
  With that, I reserve the balance of my time.
  Mr. BERMAN. Mr. Chairman, I am very pleased to yield 2 minutes to a 
member of the committee, my friend from California, the gentlewoman 
Barbara Lee.
  Ms. LEE of California. Mr. Speaker, first let me thank the chairman 
for his very effective work on this bill and for your leadership and 
for really bringing this forward to the committee so that all of us 
could have an opportunity to weigh in, and talk about, and amend, and 
include many of the provisions that we believe allowed us to come to 
this floor today to support this bill.
  I believe, like many believe, that addressing Pakistan, rather than 
an escalation of the war in Afghanistan, is a much more effective way 
to address terrorism and our national security. I'm greatly encouraged 
by the goals of this legislation, which aims to put United States 
``smart power'' to work, which many of us have been talking about for 
many years. The smart power. This helps to reshape our relationship 
with Pakistan based on a long-term commitment to social, economic and 
political development. The legislation integrates key benchmarks and 
limitations absent in previous aid packages which resulted in really 
$10 billion in United States aid since 2001, yielding little or no 
results or progress on many fronts in Pakistan. So you can imagine why 
some of us initially were very skeptical of this.
  This legislation also seeks to reshape the U.S.-Pakistan relationship 
by shifting unconditional United States military assistance away from 
this historical trend of exclusively unconditional military assistance. 
I want to make that point very clear. This is not unconditional. This 
is conditional. And it also provides a two-to-one ratio in terms of the 
development assistance, economic assistance, social and democratic 
priorities, which we all believe we should support.
  Simply put, this bill really reflects the sentiments shared by many 
of my colleagues, that the national security of our Nation hinges upon 
much more than military might. Instead, it hinges upon the success of 
diplomatic and development efforts around the globe.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. BERMAN. I yield the gentlewoman 30 additional seconds.
  Ms. LEE of California. Let me just say that as a supporter of 
nonproliferation efforts all of my life, I am very pleased and want to 
thank Chairman Berman for working with myself and other members of the 
committee to address the concerns regarding the potential expansion of 
Pakistan's nuclear program. I wanted to make sure that the possible 
fungibility of these funds was not a factor. In President Obama's bold 
and brilliant speech in Cairo last week, he strongly reaffirmed 
America's commitment to seek a world in which no nation holds nuclear 
weapons. So we wanted to make sure that that was the case here with 
Pakistan in this bill and that we minimized any type of fungibility of 
funds.
  Ms. ROS-LEHTINEN. Mr. Speaker, I'm pleased to yield 1 minute to the 
gentleman from California (Mr. Rohrabacher), the ranking member of the 
Subcommittee on International Organizations, Human Rights and 
Oversight.
  Mr. ROHRABACHER. I rise in opposition to this effort to send billions 
of more dollars to Pakistan. I have reached my threshold with Pakistan. 
We have sent them billions upon billions of dollars, and we still have 
an anti-American sentiment all the way through that government. They 
were

[[Page H6571]]

our friends during the Cold War. Yes, they sided with us against the 
Soviet Union. The Cold War is over. It is long over. And since that 
time, the leaders of Pakistan have allied themselves with the most 
radical elements of Islam who hate the United States; and the Pakistani 
officials and the ISI, their CIA, have been working in conjunction with 
these radical Islamicists in Saudi Arabia and elsewhere ever since. We 
should not be sending them billions and billions of more dollars. We 
should be seeking, instead, to start relying on relationships with 
India, Russia and other countries that will be more reliable allies. 
I'm sorry that I'm having to say that we should be writing off a 
country like this. Let's focus on Afghanistan and quit sending billions 
of dollars to Pakistanis.
  Mr. BERMAN. Mr. Speaker, I yield myself 15 seconds.
  Just remember, a decision at this point to give up on Pakistan, it is 
Pakistan that is providing sanctuary for the people who are fighting us 
in Afghanistan. It is Pakistan who has nuclear weapons.
  I now yield 2 minutes to the gentleman from Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Thank you, Mr. Chairman.
  I'm supporting this legislation because it addresses both war and 
peace. And if I may, I'd like to focus on the peace initiative because, 
truth be told, the great issue of our time is not whether a superpower 
can police the world. A superpower can police the world. The great 
issue of our time is whether a superpower can bring peace to the world.
  This piece of legislation helps us not only with war but also with 
peace because it helps us with economic development. It helps us to 
give people the opportunity to take care of themselves and sustain 
themselves, but it also helps us with education. The wealth of a nation 
is the education of its people. It helps us to bring the peace and 
stability that will be needed when the war is over. War can help us to 
provide a certain degree of security, but it won't provide the 
salvation that we need to have the peace.
  I support this bill because it helps us when the war is over to have 
the peace and stability that Pakistan will need. I thank you, Mr. 
Chairman. It's a great piece of legislation.
  The SPEAKER pro tempore. The gentlewoman from Florida has 3\1/2\ 
minutes remaining.
  Ms. ROS-LEHTINEN. At this point I am very pleased to yield 2 minutes 
to Mr. Hunter of California.
  Mr. HUNTER. Mr. Speaker, let me say this: I have served in Iraq two 
times as a United States Marine, and I served in Afghanistan once. When 
I was over there in 2007, I was fighting, and in October of 2007, word 
came across from here in the States that said several hundred State 
Department employees expressed their resentment over a policy that 
could force them to serve in Iraq or they might lose their jobs. They 
actually called going over to Iraq and Afghanistan a potential death 
sentence. So these are State Department employees, diplomats--the same 
ones we're asking to go to Pakistan and Afghanistan, which is arguably 
the most dangerous area right now in the entire world. We're asking 
them to go over, the exact same people who called going over to Iraq a 
potential death sentence.
  I would equate this to sending diplomats to Katrina-destroyed New 
Orleans in 2005 instead of the National Guard. We're going to send 
diplomats to Louisiana. We aren't going to send the National Guard. We 
aren't going to send emergency services. We're going to send diplomats. 
So as opposed to giving General Petraeus, as the President asked for, 
funding to help out in Pakistan and Afghanistan, we're going to send 
diplomats so they can talk to the Taliban and they can talk to al 
Qaeda. They can talk to the mad men who cut off people's heads. That's 
what the State Department is going to do.
  This is the wrong move. The Republicans have it right this time. Give 
the President full authority, Let him come up with a plan, and let 
General Petraeus implement that. The Republican substitute is the right 
way to go. We need to make sure that Pakistan is fighting for Pakistan 
and that Pakistan doesn't think it's only fighting for American 
dollars. That's what we need to do.
  Once more, as a United States Marine that saw State Department 
ineptness and cowardice while I was in Afghanistan, it's almost 
personally insulting that we're going to pull the funding from General 
Petraeus and give it to those State Department cronies.
  The SPEAKER pro tempore. The gentlewoman from Florida has 1\1/2\ 
minutes remaining. The gentleman from California has 3\1/4\ minutes 
remaining.
  Mr. BERMAN. Mr. Chairman, I am very pleased to yield 2 minutes to the 
gentlewoman who has made a significant contribution to this legislative 
effort, the gentlewoman from Wisconsin (Ms. Moore).
  Ms. MOORE of Wisconsin. Mr. Speaker, I want to thank Chairman Berman 
for working with me so closely to include provisions in H.R. 1886 to 
ensure that the empowerment, protection and human rights of women are 
an important purpose for our aid to Pakistan and to help address the 
high rate of maternal mortality in Pakistan.
  As Secretary of State Clinton noted earlier this year, the status of 
women and girls is a key indicator of whether or not progress is even 
possible in a society. We simply can't solve the global problems 
confronting us--from the worldwide financial crisis to the risk of 
climate change, chronic hunger, disease, poverty--when the energies and 
talents of hundreds of millions of people, half the world's population 
is left behind.
  According to the World Health Organization, maternal mortality is an 
indicator of disparity and inequity between men and women and reflects 
a woman's so-called place in society and their ultimate access to 
social health, nutritional services and to economic opportunities. In 
this case, Pakistan's maternal mortality rate speaks of the great 
challenges facing Pakistani women.

                              {time}  1345

  Over 400 women die per 100,000 live births in Pakistan, and, for 
comparison, that is compared to 11 per 100,000 in the United States.
  It is the aim of my amendment to make clear that the U.S. aid 
authorized in this bill addresses this challenge. We need to make it 
unmistakably clear, Mr. Speaker, that addressing that nation's high 
child and maternal mortality rates is a key part of our assistance to 
Pakistan. We know that these interventions will save these women's 
lives and ultimately save the nation.
  Again, I thank the chairman for his support.
  The SPEAKER pro tempore. The gentleman from California (Mr. Berman) 
has 1\1/4\ minutes remaining and the right to close, and the 
gentlewoman from Florida (Ms. Ros-Lehtinen) has 1\1/2\ minutes 
remaining.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I feel like I am experiencing deja vu. The seemingly 
same arguments that opponents of General Petraeus and his Iraq surge 
strategy used just under 2 years ago about Iraqis and the Iraqi 
government and their commitment to fighting extremist groups, they are 
making an appearance today in this Chamber with respect to Pakistan.
  U.S. commanders have just begun to assess the situation on the ground 
to determine the need to implement that new strategy, and some of the 
speakers today are already tying the U.S.' hands while prejudging the 
response of Pakistan. We should be focusing on success, on prevailing 
against al Qaeda, prevailing against the Taliban, not anticipating 
failure.
  While the authors of this bill seek to empower our Pakistani partners 
to confront insurgency and militarism, I feel that this bill will 
actually inadvertently have a counterproductive impact by potentially 
making the Pakistani government appear subservient to the United 
States, as Senator Kerry suggested. This bill could weaken Pakistani 
democracy as well as could potentially fuel paranoia, wild conspiracy 
theories that help give rise to that country's visceral and deep-seated 
anti-American feelings.
  So I urge my colleagues to look at this bill, examine carefully what 
we are doing to our military, what we are doing to this new 
administration, and come to the correct conclusion that they should 
oppose this bill.

[[Page H6572]]

  Mr. BERMAN. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, just a few points. There was reference here to the F-
16s. There is nothing in this bill that prohibits the Pakistanis from 
deciding to buy more F-16s. Two years ago they signed a contract 
indicating that that is what they were going to do. What this 
legislation does is say other than some specific adjustments 
particularly to deal with utilizing the F-16s they already have, in the 
counterinsurgency, we are not going to give our taxpayer dollars for a 
weapons system, an airplane, whose counterinsurgency interests are far 
less important than other equipment or training we could be providing.
  Secondly, Admiral Mullen came to see me about the problems of 
utilizing the traditional security assistance program for providing the 
kind of equipment that is needed for the counterinsurgency in Pakistan. 
As a result of the case he made, we have created and worked with the 
Armed Services Committee to create an entire fund that waives every 
provision of law in the foreign military financing program so that we 
can get this equipment and training to the Pakistanis.
  Pakistan is an urgent problem, but doing it right, not just doing it 
carelessly, is the way to go. I urge that this bill be supported.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, thank you for affording me 
this opportunity to address the Rules Committee and explain my 
amendment to H.R. 1886, the ``Pakistan Enduring Assistance and 
Cooperation Act''.
  My amendment is a simple but important addition to this important 
legislation, which I believe can be supported by every member of this 
Committee.
  My amendment would foster counterterrorism efforts in Pakistan with 
the creation of militant rehabilitation programs designed to 
rehabilitate insurgents and to prevent youth from turning to militancy 
from the onset. Financial support and job opportunities will be 
provided to graduates of the rehabilitation programs as incentives for 
steering insurgents away from militancy.
  H.R. 1886 establishes a new, more positive framework for U.S.-
Pakistan relations. The legislation establishes a set of principles 
that should govern the U.S.-Pakistan relationship, including the 
actions that the two countries should take to maintain a robust, 
relevant and lasting relationship. The bill is comprised of three 
titles.
  The first Title provides Economic, Social and Democratic Development 
Assistance for Pakistan; the second Title provides Security Assistance 
for Pakistan; and the third Title requires the President to develop a 
regional security strategy; provides for enhanced monitoring, 
evaluation, and auditing of U.S. assistance; requires a Presidential 
report on Pakistan, including an evaluation on Pakistan's progress in 
counterterrorism and an assessment of whether assistance provided to 
Pakistan is in any way facilitating the expansion of Pakistan's nuclear 
weapons program; and requires that all assistance to Pakistan be 
provided through a civilian government in Pakistan established by free 
and fair elections.
  I urge you to support my amendment.
  Mr. DRIER. Mr. Speaker, this week we are considering a number of 
foreign policy bills that affect critically important issues. Yesterday 
we considered H.R. 2410, the State Department Reauthorization Act. 
Today we are considering two proposals, which have been joined together 
in one bill, H.R. 1886, to provide assistance to Pakistan. The first 
proposal provides funding to help Pakistan develop its institutions and 
provide economic development for its people, in order to help combat 
the growing terrorist threat that is within its borders and that fuels 
the conflict in Afghanistan. The second proposal also seeks to bolster 
development in Pakistan, as well as Afghanistan, by creating duty-free 
zones along their shared border to encourage new investment and provide 
access to the U.S. market.
  These are all very worthy ideas. Foreign assistance, particularly 
capacity building, plays a critical role in bolstering our national 
security, when it is done right. By helping our partners in the 
developing world to strengthen the rule of law, build transparent and 
accountable institutions, and spur the kind of economic development 
that improves standards of living, we help to tear down the foundations 
of terrorism and tyranny and combat the radicalism that threatens the 
safety of all Americans.
  Our efforts in Pakistan are particularly important, not only because 
of the implications for the war in Afghanistan, where our troops are in 
harm's way, but because it is a nuclear-armed state. The stakes 
couldn't be higher. If Pakistan's democratically elected government 
were to be taken over by the terrorists in their midst, the 
consequences would be almost unthinkable. Creating economic opportunity 
and real alternatives to terrorism in Pakistan and elsewhere in the 
developing world is a vital national security concern. Unfortunately, 
the bills that we are considering this week are fundamentally flawed. 
The State Department Reauthorization bill, rather than pursuing 
meaningful reform to make our foreign assistance more effective, simply 
expanded government spending and bureaucracy at an untenable rate. It 
also included a number of highly controversial provisions, yet the rule 
did not provide for debate or consideration of amendments on those 
issues. As a result, I could not support this bill.
  The two proposals on Pakistan before us today are even more 
problematic. The first, while providing vital funding in a key region, 
ties the hands of our military and attempts to micromanage interagency 
efforts from 7000 miles away. This is a counterproductive and 
potentially fatal error to make. The second proposal, which proposes 
new duty-free zones for textile and household products, is 
counterproductive as well.
  While the idea behind it is a very good one, the actual program 
proposed has three key flaws--it excludes the top products that are 
made in Pakistan, rendering the program ineffective; it imposes such 
restrictive and unworkable labor provisions that it undermines the 
proposed program and sets a very bad precedent for future trade 
preference bills; and finally, it imposes new tariffs on the very 
Pakistani businesses that we are trying to help, in order to pay for 
the elimination of tariffs in other categories of products. This bill 
would take with one hand while it attempts to appear to give with the 
other. This is not a workable proposal. It will not spur development in 
Pakistan, and could actually hurt those companies that are currently 
creating the only economic opportunity that exists in Pakistan. It 
would also set a very dangerous precedent for future attempts to spur 
development and poison our efforts to create opportunity elsewhere in 
the developing world.
  All three foreign policy proposals before us this week represent 
nothing more than three very unfortunate missed opportunities. I am 
truly disappointed that we have not had the opportunity to get these 
bills right, as they deal with such critically important issues. I hope 
very much that in the future, we can have an open, bipartisan process 
that allows us to effectively and appropriately deal with the key 
national security issue of foreign assistance.
  Mr. VAN HOLLEN. Mr. Speaker, I rise today in support of the 
Afghanistan-Pakistan Security and Prosperity Enhancement Act. The 
legislation, originally introduced as H.R. 1318, was subsequently 
incorporated into H.R. 1886, to authorize Democratic, Economic and 
Social Development Assistance for Pakistan, introduced by Congressman 
Berman, the Chairman of the Committee on Foreign Affairs. This 
legislation is aimed at protecting our homeland and those of our allies 
in the fight against Al-Qa'ida and the Taliban in Afghanistan and 
Pakistan by providing tools for economic development.
  We worked with the Bush Administration to craft the framework of this 
legislation. This initiative was subsequently embraced by President 
Obama who specifically incorporated it into his counterinsurgency 
strategy for Pakistan and Afghanistan. This bill authorizes the 
President of the United States to designate specific trade zones, known 
as Reconstruction Opportunity Zones (ROZs), in Afghanistan and in 
certain regions of Pakistan to create economic opportunities.
  These ROZs will allow qualified businesses duty-free access into U.S. 
markets for designated products, thereby providing significant 
employment opportunities where few currently exist. A ROZ program could 
go a long way to bolster economic development in this critical region 
of the world where extremists have tried to exploit the lack of 
economic opportunities to gain recruits for their radical agenda.
  Enhanced security efforts by the United States, as well as a strong 
foreign and military assistance program, are needed to disrupt and 
weaken Al-Qa'ida and the Taliban. These extremist groups exploit the 
poor socio-economic conditions, such as high unemployment, in the 
border areas, to gain adherents to their nefarious causes. With no 
meaningful alternatives, young men in particular are vulnerable to 
their entreaties.
  This legislation was endorsed by the Washington Post in an editorial 
on March 22, 2009. Moreover, in a letter to the Speaker this week, 
Ambassador Richard Holbrooke, the State Department, Special 
Representative for Afghanistan and Pakistan, reiterated the 
Administration's support and noted that ``ROZs are an important 
component of the President's comprehensive national security strategy 
in Afghanistan and Pakistan, and we need enactment of ROZ legislation 
as quickly as possible to help facilitate success.''
  I urge all Members of the House to support this valuable program and 
vote for this bill today. I ask unanimous consent to insert, into the 
Record, the speech of President Obama, the letter of Ambassador 
Holbrooke and the Washington Post editorial with my statement.


[[Page H6573]]




                                          Department of State,

                                    Washington, DC, June 10, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives.
       Dear Madam Speaker: Thank you for giving me the opportunity 
     on Monday to discuss legislation creating Reconstruction 
     Opportunity Zones (ROZs) in Afghanistan and Pakistan, and to 
     reiterate the Administration's support. As you know, the 
     House version (H.R. 1318) of this bipartisan legislation is 
     sponsored by Representative Chris Van Hollen. Allow me to 
     reaffirm, in writing, the key points, in the hope they will 
     be useful as you proceed.
       First, let me emphasize that ROZs are a vital component of 
     our policy toward Pakistan in a moment of great challenge, 
     indeed crisis, for that critically important nation. 
     Pakistan's stability and security are directly related to our 
     own national security and the ROZ legislation addresses 
     issues central to the very area in which, at present, there 
     are well over 2 million internal refugees and in which the 
     Taliban and al-Qaeda are operating.
       Military power alone cannot bring peace to Afghanistan and 
     Pakistan. ROZs are an important component of the President's 
     comprehensive national security strategy in Afghanistan and 
     Pakistan, and we need enactment of ROZ legislation as quickly 
     as possible to help facilitate success. As the President put 
     it earlier this year in calling for Congress to enact this 
     bipartisan bill, ROZs will ``develop the economy [in the 
     border regions] and bring hope to places plagued by 
     violence.''
       By spurring economic growth and job creation, ROZs will 
     provide legitimate job opportunities in high-unemployment, 
     high-poverty areas in Pakistan and Afghanistan where 
     livelihood choices are extremely limited. We need ROZs now--
     economic opportunities must be expanded to quickly follow up 
     military operations with economic development to prove to 
     populations in critical targeted areas that there are 
     benefits to defeating the militants. Simply put, ROZs are 
     crucial to the ``build'' part of our ``clear-hold-build'' 
     counterinsurgency efforts and will help us to assist the 
     Governments of Pakistan and Afghanistan to create conditions 
     on the ground that will help marginalize the insurgents.
       ROZs will enhance our ``whole of government'' strategy and 
     will be a highly visible example of U.S. commitment to the 
     long-term prosperity of the Afghan and Pakistani peoples. On 
     my trips to Pakistan and Afghanistan, I hear a constant 
     refrain from all quarters in these societies about the 
     importance of this legislation, including the signal its 
     passage would send about the strength of the long-term 
     relationships between our peoples.
       Thank you again for your leadership. I am committed to 
     working with you and other Congressional leaders to quickly 
     enact Pakistan and Afghanistan ROZs into law.
           Sincerely,

                                         Richard C. Holbrooke,

                                        Special Representative for
                                         Afghanistan and Pakistan.
                                  ____
                                  

               [From the Washington Post, Mar. 22, 2009]

                          Plowshares for Peace

       As the Obama administration formulates its strategy for 
     Pakistan and Afghanistan, pretty much everyone agrees that 
     spurring the economy in both countries--creating jobs--is key 
     to defusing militancy. The usual prescription is more foreign 
     aid, which is sure to figure in any new plan. But what 
     doesn't always get acknowledged in these discussions is that 
     such aid often doesn't do much good. The United States wasted 
     billions of dollars in Iraqi reconstruction aid, and given 
     the dangerous environment--which discourages inspection and 
     monitoring--you can expect a rerun in Afghanistan and 
     Pakistan. A more effective way to boost both economies would 
     be to allow them to export their products tariff-free into 
     the United States. But that idea arouses the enmity of U.S. 
     labor unions, which means that it's not going to get far in a 
     Democratic Congress.
       Enter Rep. Chris Van Hollen, Montgomery County Democrat and 
     member of the House leadership, with a practical alternative. 
     Mr. Van Hollen, with co-sponsors, has introduced legislation 
     to create ``reconstruction opportunity zones'' within both 
     countries. Certain products, including some (not all) 
     textiles, produced within the zones would enjoy duty-free 
     access to the U.S. market for 15 years. This would encourage 
     investment by local businessmen, who best know the terrain, 
     and create jobs. There's no better formula for discouraging 
     Taliban recruitment.
       It's not a magic formula, of course. The investment areas 
     have to be drawn widely enough to make the prospect of 
     investment realistic; if you limit them to the most intense 
     battle zones, you're not going to see many jobs created. The 
     bigger they are, though, the likelier the bill will arouse 
     union opposition, so the politics are tricky. Mr. Van Hollen 
     and his co-sponsors--including Reps. Sander M. Levin (D-
     Mich), Peter Hoekstra (R-Mich.) and Mark Steven Kirk (R-
     Ill.)--have tried to find the sweet spot, and their bill also 
     insists that any factories in the zones meet core 
     international standards in their treatment of workers.
       Maybe the strongest argument for the opportunity zones is 
     that there is no down side; the worst that could possibly 
     happen is they don't trigger much investment. But they would 
     immediately provide a signal of U.S. commitment--the 
     governments of both countries strongly support the idea--and 
     they could have a substantial positive effect reasonably 
     quickly, at almost no cost to the U.S. Treasury. Congress and 
     the administration should get behind this idea.
                                  ____


          Obama Announces New Afghanistan, Pakistan Strategies

       President Barack Obama. Good morning. Please be seated.
       Before I begin today, let me acknowledge, first of all, 
     Your Excellencies, all the ambassadors who are in attendance. 
     I also want to acknowledge both the civilians and our 
     military personnel that are about to be deployed to the 
     region. And I am very grateful to all of you for your 
     extraordinary work.
       I want to acknowledge General David Petraeus, who's here, 
     and has been doing an outstanding job at CENTCOM. We 
     appreciate him. I want to thank Bruce Riedel. Bruce is down 
     at the end here, who has worked extensively on our strategic 
     review.
       I want to acknowledge Carl Eikenberry, who's here, and is 
     our ambassador designate to Afghanistan, and to my national 
     security team. Thanks for their outstanding work.
       Today, I'm announcing a comprehensive new strategy for 
     Afghanistan Pakistan. And this marks the conclusion of 
     careful policy review led by Bruce that I ordered as soon as 
     I took office. My administration has heard from our military 
     commanders as well as our diplomats. We consulted with the 
     Afghan and Pakistani governments, with our partners, and our 
     NATO allies and with other donors and international 
     organizations. We've also worked closely with members of 
     Congress here at home.
       And now I'd like to speak clearly and candidly to the 
     American people. The situation is increasingly perilous. It's 
     been more than seven years since the Taliban was removed from 
     power yet war rages on and insurgents control parts of 
     Afghanistan and Pakistan. Attacks against our troops, our 
     NATO allies, and the Afghanistan government has risen 
     steadily.
       And, most painfully, 2008 was the deadliest year of the war 
     for American forces. Many people in the United States and 
     many in partner country that have sacrifices so much have a 
     simple question. What is our purpose in Afghanistan? Of so 
     many years, they ask why do our men and women still fight and 
     die there? They deserve a straightforward answer.
       So let me be clear. Al Qaida and its allies, the terrorists 
     who planned and supported the 9/11 attacks are in Pakistan 
     and Afghanistan. Multiple intelligence estimates have warned 
     that Al Qaida is actively planning attacks on the United 
     States homeland from its safe haven in Pakistan. And if the 
     Afghan government falls to the Taliban or allows Al Qaida to 
     go unchallenged, that country will again be a base for 
     terrorists who want to kill as many of our people as they 
     possibly can.
       The future of Afghanistan is inextricably linked to the 
     future of its neighbor Pakistan. In the nearly eight years 
     since 9/11, Al Qaida and its extremist allies have moved 
     across the border to remote areas of the Pakistani frontier. 
     This almost certainly includes Al Qaida's leadership, Osama 
     bin Laden and Ayman al-Zawahiri. They have used this 
     mountainous terrain as a safe haven to hide, to train 
     terrorists, and communicate with followers, to plot attacks, 
     and to send fighters to support the insurgency in 
     Afghanistan.
       For the American people, this border region has become the 
     most dangerous place in the world. But this is not simply an 
     American problem, far from it. It is, instead, international 
     security challenge of the highest order.
       Terrorist attacks in London, in Bali were tied to Al Qaida 
     and its allies in Pakistan as were attacks in North Africa 
     and the Middle East, in Islamabad and in Kabul. If there is a 
     major attack on an Asian, European, or African city it, too, 
     is likely to have ties to Al Qaida leadership in Pakistan.
       The safety of people around the world is at stake. For the 
     Afghan people, the return to Taliban rule would condemn their 
     country to brutal governance, international isolation, a 
     paralyzed economy, and the denial of basic human rights to 
     the Afghan people, especially, women and girls.
       A return in force of Al Qaida terrorists who would 
     accompany the core Taliban leadership would cast Afghanistan 
     under the shadow of perpetual violence.
       Obama: As president, my greatest responsibility is to 
     protect the American people. We are not in Afghanistan to 
     control that country or to dictate its future. We are in 
     Afghanistan to confront a common enemy that threatens the 
     United States, our friends, and our allies and the people of 
     Afghanistan and Pakistan who have suffered the most at the 
     hands of violent extremists.
       So I want the American people to understand that we have a 
     clear and focused goal to disrupt, dismantle, and defeat Al 
     Qaida in Pakistan and Afghanistan and to prevent their return 
     to either country in the future. That's the goal that must be 
     achieved. That is a cause that could not be more just.
       And to the terrorists who oppose us, my message is the 
     same. We will defeat you.
       To achieve our goals, we need a stronger, smarter, and 
     comprehensive strategy. To focus on the greatest threat to 
     our people, America must no longer deny resources to 
     Afghanistan because of the war in Iraq. To enhance the 
     military, governance, and economic capacity of Afghanistan 
     and Pakistan,

[[Page H6574]]

     we have to marshal international support. And to defeat an 
     enemy that heeds no border or laws of war, we must recognize 
     the fundamental connection between of future of Afghanistan 
     and Pakistan which is why I've appointed Ambassador Richard 
     Holbrooke, who is here, to serve as special representative 
     from both countries and work closely with General Petraeus to 
     integrate our civilian and military efforts.
       Let me start by addressing the way forward in Pakistan. The 
     United States has great respect for the Pakistani people. 
     They have a rich history and have struggled against long odds 
     to sustain their democracy. The people of Pakistan want the 
     same things that we want. An end to terror, access to basic 
     services, the opportunity to live their dreams and the 
     security that can only come with the rule of law. The single 
     greatest threat to that future comes from Al Qaida and their 
     extremist allies. And that is why we must stand together.
       The terrorist within Pakistan's border are not simply 
     enemies of America or Afghanistan. They are a grave and 
     urgent danger to the people of Pakistan. Al Qaida and other 
     violent extremists have killed several thousand Pakistanis 
     since 9/11. They've killed many Pakistani soldiers and 
     police. They assassinated Benazir Bhutto. They've blown up 
     buildings, derailed foreign investment, and threatened the 
     stability of the state.
       So make no mistake, Al Qaida and its extremist allies are a 
     cancer that risks killing Pakistan from within.
       It's important for the American people to understand that 
     Pakistan needs our help in going after Al Qaida. This is no 
     simple task. The tribal regions are vast, they are rugged, 
     and they are often ungoverned. And that's why we must focus 
     on military assistance on the tools, training, and support 
     that Pakistan needs to root out the terrorists.
       And after years of mixed results, we will not and cannot 
     provide a blank check. Pakistan must demonstrate its 
     commitment to rooting out Al Qaida and the violent extremists 
     within its borders.
       We will insist that action be taken, one way or another, 
     when we have intelligence about high-level terrorist targets. 
     The government's ability to destroy these safe havens is tied 
     to its own strength and security. To help Pakistan weather 
     the economic crisis, we must continue to work with the IMF, 
     the World Bank, and other international partners.
       To lessen tensions between two nuclear-armed nations that 
     too often teeter on the edge of escalation and confrontation, 
     we must pursue constructive diplomacy with both India and 
     Pakistan. To avoid the mistakes of the past, we must make 
     clear that our relationship with Pakistan is grounded in 
     support for Pakistan's democratic institutions and the 
     Pakistani people.
       And to demonstrate through deeds as well as words a 
     commitment that is enduring, we must stand for lasting 
     opportunity.
       Now a campaign against extremism will not succeed with 
     bullets or bombs alone. Al Qaida offers the people of 
     Pakistan nothing but destruction. We stand for something from 
     the time.
       So, today, I'm calling upon Congress to pass a bipartisan 
     bill co-sponsored by John Kerry and Richard Lugar that 
     authorizes $1.5 billion in direct support to the Pakistani 
     people every year over the next five years, resources that 
     will build schools, roads, and hospitals, and strengthen 
     Pakistan's democracy.
       I'm also calling on Congress to pass a bipartisan bill co-
     sponsored by Maria Cantwell and Chris Van Hollen and Peter 
     Hoekstra that creates opportunity zones in the border regions 
     to develop the economy and bring hope to places plagued with 
     violence.
       And we will ask our friends and allies to do their part, 
     including, at the donors' conference in Tokyo next month.
       Obama: I don't ask for this support lightly. These are 
     challenging times. Resources are stretched. But the American 
     people must understand that this is a down payment on our own 
     future because the security of American and Pakistan is 
     shared. Pakistan's government must be a stronger partner in 
     destroying these safe havens, and we must isolate Al Qaida 
     from the Pakistani people.
       These steps in Pakistan are also indispensable to our 
     efforts in Afghanistan which will see no end to violence if 
     insurgents move freely back and forth across the border. 
     Security demands a new sense of shared responsibility, and 
     that's why we will launch a standing, trilateral dialogue 
     among the United States, Afghanistan, and Pakistan.
       Our nations will meet regularly with Secretaries Clinton 
     and Secretary Gates leading our effort. Together, we must 
     enhance intelligence sharing and military cooperation along 
     the border while addressing issues of common certain like 
     trade, energy, and economic development.
       This is just one part of a comprehensive strategy to 
     prevent Afghanistan from becoming the Al Qaida safe haven 
     that it was before 9/11. To succeed, we and our friends and 
     allies must reverse the Taliban's gains and promote a more 
     capable and accountable Afghan government.
       Our troops have fought bravely against a ruthless enemy. 
     Our civilians have made great sacrifices. Our allies have 
     born a heavy burden. Afghans have suffered and sacrifices for 
     their future. But for six years, Afghanistan has been denied 
     the resources that it demands because of the war in Iraq.
       Now, we must make a commitment that can accomplish our 
     goals. I've already ordered the deployment of 17,000 troops 
     that have been requested by General McKiernan for many 
     months. These soldiers and Marines will take the fight to the 
     Taliban in the south and the east and give us a great 
     capacity to partner with Afghan security forces and to go 
     after insurgents along the border.
       This push will also help provide security in advance of the 
     important presidential elections in Afghanistan in August. At 
     the same time, we will shift the emphasis of our mission to 
     training and increasing the size of Afghan security forces so 
     that they can eventually take the lead in securing their 
     country.

  Mr. STARK. Mr. Speaker, I rise today in opposition to the Pakistan 
Enduring Assistance and Cooperation Enhancement Act (H.R. 1886). I do 
commend the strong funding levels for development assistance, 
education, and health care contained in the legislation and if the bill 
consisted only of this type of humanitarian support I would gladly vote 
for it. I cannot, however, support authorizing over $1 billion per year 
in military aid to a nation that has already suffered under a military 
dictatorship and continues to experience daily violence.
  The people of Pakistan do need our help to strengthen their 
democratic institutions, educate their citizens, and provide social and 
economic opportunity. What they do not need is an influx of guns, 
tanks, and other weapons that will lead to further destabilization and 
violence.
  I urge all of my colleagues to stand for peace and vote against this 
legislation.
  Mr. LARSON of Connecticut. Mr. Speaker, today we will vote on a 
historic piece of legislation that will refocus American foreign policy 
and forge a true partnership with Pakistan and its people. H.R. 1886, 
the Pakistan Enduring Assistance and Cooperation Enhancement Act of 
2009, will triple U.S. economic assistance to Pakistan, with a focus on 
the rights of women and religious minorities, strengthening democratic 
institutions, and improving Pakistan's public education system.
  I am especially proud to pass this bill because of its focus on 
public education. The Enduring Assistance and Cooperation Enhancement 
Act will help Pakistan develop a national curriculum for public, 
private and religious schools and will expand educational opportunities 
for women and girls. I recently read a very important book; Three Cups 
of Tea is an inspirational story about a journey to Pakistan and the 
feats of one of the most inspirational people of our generation: Greg 
Mortenson. Upon my visit to Afghanistan several months ago, I saw the 
truth in Mortenson's message: that the poverty and lack of opportunity 
in countries like Pakistan and Afghanistan can incite hatred against 
the United States and lead to acts of terrorism. That is why I am proud 
of my colleagues for realizing that sticks, alone, will not fight 
terrorism. We can also fight terrorism by building schools, buying 
books, and helping children--especially girls--increase life's 
prospects through education. I commend Chairman Berman for introducing 
this important bill and urge my colleagues to join me in passing it and 
helping bring peace, stability, and opportunity to Pakistan's people.
  The SPEAKER pro tempore. All time for debate on the bill has expired.


  Amendment in the Nature of a Substitute Offered by Ms. Ros-Lehtinen

  Ms. ROS-LEHTINEN. Mr. Speaker, I have a substitute amendment at the 
desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment in the nature of a substitute offered by Ms. Ros-
     Lehtinen:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States-Pakistan 
     Security and Stability Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Congress supports the following elements outlined in 
     the President's White Paper of the Interagency Policy Group's 
     Report on United States Policy Toward Afghanistan and 
     Pakistan:
       (A) The core goal of the United States must be to disrupt, 
     dismantle, and defeat al Qaeda and its affiliated networks 
     and their safe havens in Pakistan.
       (B) The threat that al Qaeda poses to the United States and 
     its allies in Pakistan--including the possibility of 
     extremists obtaining fissile material--is all too real.
       (C) The United States must overcome its trust deficit with 
     Pakistan and demonstrate that it is a reliable, long-term 
     partner.
       (2) The Government of Pakistan is facing significant 
     security and socio-economic challenges that set the 
     conditions for greater radicalization and may threaten 
     Pakistan's viability. Such challenges include the following:
       (A) Al Qaeda's and other extremist groups' campaign of 
     violent attacks throughout Pakistan, including the Red Mosque 
     incident, the assassination of Benazir Bhutto, and the 
     bombing of the Marriott Hotel in Islamabad.

[[Page H6575]]

       (B) Pakistan's population growth at a rate of approximately 
     2 percent a year, with nearly half of its 172 million 
     residents illiterate, under the age of 20, and living near or 
     below the poverty line.
       (3) Security and stability to Pakistan is further 
     complicated given the prevalence of ungoverned spaces between 
     Pakistan and Afghanistan in which state control has not been 
     fully exercised given ethnic and tribal affiliations.
       (4) The security and stability of Pakistan is vital to the 
     national security of the United States, and the consequences 
     of failure poses a grave threat to the security of the 
     American people, the region, and United States allies.
       (5) The objectives of United States policy toward Pakistan 
     are to empower and enable Pakistan to--
       (A) develop into a prosperous and democratic state that is 
     at peace with itself and with its neighbors;
       (B) actively confront, and deny safe haven to, al Qaeda, 
     the Taliban, and other extremists;
       (C) implement the economic, legal, and social reforms 
     required to create an environment that discourages violent 
     Islamic extremism; and
       (D) maintain robust command and control over its nuclear 
     weapons technology.

     SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION 
                   PLAN FOR PAKISTAN.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of the Supplemental Appropriations Act of 2009, 
     the President shall develop and transmit to the appropriate 
     congressional committees a comprehensive interagency strategy 
     and implementation plan for long-term security and stability 
     in Pakistan which shall be composed of the elements specified 
     in subsection (b).
       (b) Elements.--The comprehensive interagency strategy and 
     implementation plan required by subsection (a) shall contain 
     at least the following elements:
       (1) A description of how United States assistance described 
     in section 4 will be used to achieve the objectives of United 
     States policy toward Pakistan.
       (2) Progress toward the following:
       (A) Assisting efforts to enhance civilian control and a 
     stable constitutional government in Pakistan and promote 
     bilateral and regional trade and economic growth.
       (B) Developing and operationally enabling Pakistani 
     security forces so they are capable of succeeding in 
     sustained counter-insurgency and counter-terror operations.
       (C) Shutting down Pakistani safe havens for extremists.
       (D) Improving Pakistan's capacity and capability to 
     ``hold'' and ``build'' areas cleared of insurgents to prevent 
     their return.
       (E) Developing and strengthening mechanisms for Pakistan-
     Afghanistan cooperation.
       (3) A financial plan and description of the resources, 
     programming, and management of United States foreign 
     assistance to Pakistan, including the criteria used to 
     determine their prioritization.
       (4) A complete description of both the evaluation process 
     for reviewing and adjusting the strategy and implementation 
     as necessary, and measures of effectiveness for the 
     implementation of the strategy.
       (c) Intelligence Support.--The President, after 
     consultation with the Director of National Intelligence, 
     shall provide intelligence support to the development of the 
     comprehensive interagency strategy and implementation plan 
     required by subsection (a).
       (d) Updates of Strategy.--The President shall transmit in 
     writing to the appropriate congressional committees any 
     updates of the comprehensive interagency strategy and 
     implementation plan required by subsection (a), as necessary.

     SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN.

       (a) Foreign Assistance Act of 1961.--There is authorized to 
     be appropriated to the President, for the purposes of 
     providing assistance to Pakistan under the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), $1,500,000,000 or such 
     sums as may be necessary for each of the fiscal years 2010 
     through 2013.
       (b) Pakistan Counterinsurgency Capability Fund.--There is 
     authorized to be appropriated to the President, for the 
     purposes of building a more effective counterinsurgency 
     capability in Pakistan's security forces, up to $700,000,000 
     for the Pakistan Counterinsurgency Capability Fund, for 
     fiscal year 2010.
       (c) Use of Funds.--Amounts authorized to be appropriated 
     under this section or otherwise made available to carry out 
     this Act shall be used to the maximum extent practicable as 
     direct expenditures for programs, projects, and activities, 
     subject to existing reporting and notification requirements.

     SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS.

       (a) Briefing.--Not later than 30 days after the date of the 
     transmission of the comprehensive interagency strategy and 
     implementation plan required by section 3, and quarterly 
     thereafter through December 1, 2013, the President, acting 
     through the Secretary of State and the Secretary of Defense, 
     shall brief the appropriate congressional committees on the 
     status of the comprehensive interagency strategy and 
     implementation plan.
       (b) Notification.--The President shall notify the 
     appropriate congressional committees not later than 30 days 
     prior to obligating any assistance described in section 4 as 
     budgetary support to the Government of Pakistan or to any 
     persons, agencies, instrumentalities, or elements of the 
     Government of Pakistan and shall describe the purpose and 
     conditions attached to any such budgetary support assistance. 
     The President shall notify the appropriate congressional 
     committees not later than 30 days prior to obligating any 
     other type of assistance described in section 4.

     SEC. 6. DEFINITION.

       In this Act, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate.
       Amend the title so as to read: ``A bill to require the 
     President to develop a comprehensive interagency strategy and 
     implementation plan for long-term security and stability in 
     Pakistan, and for other purposes.''.

  The SPEAKER pro tempore. Pursuant to House Resolution 522, the 
gentlewoman from Florida (Ms. Ros-Lehtinen) and a Member opposed each 
will control 15 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the substitute amendment reflects input from, and was 
drafted in coordination with, the ranking members of the Committees on 
Appropriations, on Armed Services, on Homeland Security and 
Intelligence. In so doing, this approach emulated to some degree the 
administration's interagency strategic review.
  The substitute recognizes that of all the foreign policy challenges 
facing the United States, stabilizing and reforming Pakistan may be one 
of the most daunting. Given the enormous complexities and the ever-
changing nature of the situation in Pakistan, we believe that it is 
critical at this stage that the administration retain the necessary 
flexibility to craft policies that offer the best chance of 
successfully partnering with the people of Pakistan, with the 
government of Pakistan, and with the military of Pakistan to defeat 
violent extremism.
  At the same time, the substitute requires an ongoing policy dialogue 
between the administration and the Congress regarding U.S. policy 
toward Pakistan, as well as robust legislative oversight of our 
strategy, of our implementation plan, as well as allocation and 
expenditure of U.S. assistance.
  The Republican substitute requires that not later than 30 days after 
the enactment of the Supplemental Appropriations Act for 2009, the 
President submit to Congress a comprehensive interagency strategy and 
implementation plan for U.S. efforts to eliminate safe havens and help 
toward the long-term security and stability in Pakistan.
  Let me repeat that again, Mr. Speaker. Thirty days after enactment of 
the current supplemental under discussion, the President is required to 
produce a comprehensive interagency strategy and implementation plan. 
This is more timely than what is in the underlying bill, and it seeks 
to address immediate as well as evolving dynamics.
  The Republican substitute relies on the President's leadership and 
his commitment in providing the strategy and implementation plan to the 
Congress, but does require that plan to include a description of how 
the U.S. assistance will be used in order to achieve our U.S. foreign 
policy objectives.
  What does that include? Enhancing stable democratic governments, 
making sure that we have economic growth, developing Pakistani 
counterinsurgency capabilities, success in shutting down safe havens 
for extremists, improving the capacity and capability of Pakistan to 
hold and build areas cleared of insurgents to prevent their return, and 
developing and strengthening mechanisms for Pakistan-Afghanistan 
cooperation, for they cannot be separated.
  The substitute also requires that the report include a detailed 
financial plan of the resources, of the programming and of the 
management of U.S. assistance to Pakistan and the criteria used to 
determine their need and value in advancing our U.S. objectives.

[[Page H6576]]

  This substitute seeks to ensure that congressional oversight and 
notification keeps pace with changing conditions on the ground, and in 
turn, changes in strategy and their implementation.
  The Republican substitute also fully funds the administration's 
request for the critically important new Pakistan counterinsurgency 
capability fund.
  I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I claim the time in opposition to the 
amendment.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 15 minutes.
  Mr. BERMAN. Mr. Speaker, I would like to yield 2 minutes to the 
gentlewoman from California, the author of her own legislation on 
security assistance and the question of the proliferation network in 
Pakistan.
  Ms. HARMAN. I thank the chairman for yielding to me and I rise in 
strong opposition to this Republican substitute, and in strong support 
of the underlying bill, H.R. 1886, to provide long-term nonmilitary aid 
to a country in the crosshairs of the effort by the Taliban to expand 
its reach in South Asia.
  H.R. 1886 will help persuade the Pakistani people that their future 
lies with a stable and moderate democratic government and not with an 
authoritarian, theocratic terrorist organization. But a key to doing 
this is important language in the bill ensuring access of U.S. 
investigators to persons suspected of engaging in nuclear 
proliferation. This issue is critical, this language must become law, 
and I disagree strongly with some in this House and in the other 
Chamber who say these requirements are overly restrictive and 
counterproductive.
  Pakistan's history of nuclear weapons development has contributed to 
instability in South Asia and paved the way for A.Q. Khan's insidious 
and highly profitable proliferation network. Additional and substantial 
nonmilitary support provided by the U.S. must assure that the security 
threat to the U.S., which is represented by this network, is minimized.
  For at least a decade, A.Q. Khan's illicit network was the most 
attractive shortcut for nations and rogue organizations interested in 
acquiring the materials and know-how to build a nuclear device. After 
illegally securing the capability for Pakistan, which made him a hero 
at home and a pariah abroad, Khan and his network sold it to Iran, 
Libya and North Korea. Despite billions of U.S. dollars in aid, former 
Pakistani President Musharraf pardoned Khan, and earlier this year the 
Islamabad High Court released him from house arrest.
  H.R. 1886, but not the Republican substitute, declares that the U.S. 
will work with Pakistan to ensure our investigators access to suspected 
proliferators and to restrict proliferators from travel or other 
activity that could result in further proliferation. It also 
incorporates, as the chairman said, language from a bill introduced by 
several of us to require a presidential assessment and restrict 
military aid in the future.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. BERMAN. I yield the gentlewoman 30 additional seconds.
  Ms. HARMAN. I thank the gentleman.
  It will restrict military aid in the future unless Pakistan 
cooperates in efforts to dismantle its nuclear weapons supplier 
networks.
  It is the right thing to do, and I thank the committee for doing it. 
The world cannot afford another Libya, Iran or North Korea, and we 
certainly don't want a new nuclear power called al Qaeda.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Republican substitute, as I was saying, also fully 
funds the administration's request for the critically important new 
Pakistan Counterinsurgency Capability Fund, PCCF. Forging an effective 
partnership with Pakistan's military and intelligence apparatus has not 
been a straightforward affair. Although the United States has enjoyed 
some success, our efforts have also been hampered by a series of 
exceptionally difficult problems.
  One is a matter of a threat perception and divergent strategic 
priorities, with Pakistan almost obsessively focused on their 
traditional rival in India.
  Another problem is the legacy of mistrust on both sides, a trust 
deficit, as I discussed earlier, that continues to greatly complicate 
our bilateral relations.
  A third problem is a limited Pakistani ability to conduct modern 
counterinsurgency, and to some degree counterterrorism operations, 
against al Qaeda and their allies in the tribal areas. There is no 
question, for example, that Pakistan needs to fully cooperate with New 
Delhi in holding accountable all of those responsible for the brutal 
assault in Mumbai as well as work with the U.S. and others on critical 
nonproliferation concerns.
  We do not disagree with the overarching goals and the strategic 
priorities that we want to achieve in relation to Pakistan. Our 
disagreement is that at this juncture we believe that the best way to 
achieve critical interests is to give the administration the scope to 
develop intensive, multiple approaches to rebuild, to strengthen 
relationships with Pakistan, and address threats common to both of our 
nations.
  We believe the Republican substitute is a more workable basis than 
the underlying bill for being a partner with Pakistan at this critical 
time.

                              {time}  1400

  The substitute heeds the concerns raised by Secretary Gates and the 
Joint Chiefs Chairman, Admiral Mullen, who wrote about this underlying 
bill.
  The Department is concerned about aspects of this bill, in 
particular, those provisions that impose conditions on the furnishing 
of military assistance that may undermine current administration 
authorities such as the Global Train and Equip authority. And 
furthermore, this will allow the Department to use the funds 
expeditiously and effectively without these purse strings, as evolving 
circumstance may warrant, in an effort to implement the President's 
strategy for the region most effectively.
  And I think that this Republican substitute gets to what the 
Department of Defense wishes to do, what the Obama administration wants 
to achieve, what our democratic allies in Pakistan and here, our strong 
military in the U.S., wants to achieve; a robust, free and democratic 
Pakistan upon which we can build that level of trust again.
  I hope our colleagues support our Republican substitute.
  I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Virginia (Mr. Moran), very knowledgeable on issues 
affecting Pakistan and U.S.-Pakistan relations.
  Mr. MORAN of Virginia. Mr. Speaker, I rise in strong support of the 
underlying bill proposed by the International Relations Committee, and 
in opposition to the Republican substitute because, however you spin 
it, it's basically a continuation of the Republicans' blank check 
policy towards Pakistan. And what has that gotten us after 8 years of 
that policy?
  Well, it's time to assess it. Twelve billion dollars of taxpayers' 
money has been spent, and we have nearly half a million Pakistani 
troops on the border with India, our ally, and one brigade fighting the 
Taliban and al Qaeda, our enemy. Their principal defense priority is F-
16s, which is a combat aircraft. Our enemy doesn't have combat 
aircraft.
  We don't want to be funding a nation to fight against another ally. 
We want them to fight with us against our enemy.
  What this bill does is to enable the children of Pakistan to have a 
decent public education and not be forced to go to the madrasas where 
they learn violent extremism against India and against modernity. This 
enables the women of Pakistan, particularly the young girls, to grow up 
to be women of influence and power and consequence.
  This enables Pakistan to develop economically, not to use its 
resources into a military posture against India, but to use its 
resources to become a full-fledged, first world nation.
  Pakistan is our ally, and this bill will enable it to stand on its 
own two feet, not to be able to fight India, not to be able to engage 
in nuclear proliferation, but to help us fight against the forces of 
violent extremism.

[[Page H6577]]

  Pakistan is a valued ally. This will give them the resources so that 
we can count on that ally to do the right thing.
  And to continue the same blank check policy which has made matters 
worse rather than better, I think, is a terrible mistake.
  I urge defeat of the amendment.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 5 minutes to the 
gentleman from Michigan (Mr. Hoekstra), the ranking member on the House 
Permanent Select Committee on Intelligence.
  Mr. HOEKSTRA. Mr. Speaker, I would like to thank my colleague for 
yielding the time.
  You know, Pakistan and Afghanistan are very difficult parts of the 
world. As we develop the strategies, I think many of us have the same 
goals and objectives in mind, but we need to take a look at exactly 
what we're doing today.
  I'm proud to support the Republican amendment to the Pakistan 
Enduring Assistance and Cooperation Enhancement Act of 2009. 
Interestingly, I believe that this substitute supports our current 
President's direction that he has outlined for Pakistan and 
Afghanistan. It supports President Obama's strategy to address the 
situation in Pakistan, to restore peace and stability to that region.
  Maybe, once again, this is another foreign policy initiative where 
President Obama has decided that perhaps following some of the 
direction outlined under the Bush administration may not be a bad idea.
  I'm one of many Republican ranking members to come forward today to 
express concern about the majority's bill and to urge support for the 
Republican substitute. The Democratic bill places too many restrictions 
on the ability of the President's advisors and the U.S. military to 
conduct diplomacy and military operations in the region.
  In a letter to the Armed Services Committee, Secretary of Defense 
Gates and Chairman of the Joint Chiefs of Staff Mullen raised their 
concern about the majority's bill, noting that ``The degree of 
conditionality and limitations on security assistance to Pakistan'' in 
H.R. 1886 ``severely constrains the flexibility necessary for the 
executive branch and the Department of Defense given the fluid and 
dynamic environment that exists in Pakistan.''
  But obviously, they're saying, our troops in Afghanistan and the 
military in Pakistan and our support of the military efforts in 
Pakistan require more flexibility than what this bill will allow.
  From intelligence briefings, I understand how volatile the situation 
is in Pakistan. Just on Tuesday, there was a hotel bombing, 18 people 
killed. The Pakistan Army has been engaged in a battle in the Swat 
Valley against Taliban militants. Any legislation on Pakistan must give 
the administration both flexibility to react to the fast-paced 
developments and the opportunity to develop a plan on how it will 
implement its strategy for Pakistan and Afghanistan.
  Instead of flexibility, this bill is full of restrictive and 
intrusive provisions that I'm not sure we'd even apply to the United 
States, where the Democrat majority is trying to dictate and 
micromanage the President's administration's Pakistan policy. Their 
bill even includes language to increase Pakistani teacher salaries. It 
goes into the detail of the level of assistance for student meals.
  Wow. That doesn't sound like we're giving the Paks a whole lot of 
flexibility to even run their own country. This down-in-the-weeds 
language may represent a new low for congressional micromanagement, not 
to mention a distraction from the crucial issue of bringing peace and 
stability to the region.
  We need to defeat al Qaeda and the Taliban in Pakistan. That is our 
goal. That is our mission. This Congress shouldn't be dictating to the 
Pakistanis teacher salaries and the level of assistance that it needs 
to provide students for meals in Pakistan.
  Republicans have been unfairly criticized in the press as being the 
party of ``no.'' Not only are the Republicans being the party of 
``yes'' on this bill, we're also being more supportive of the Obama 
administration's Pakistan policy than the Democrat majority.
  We support President Obama's efforts in the region. We want them to 
succeed. I believe the Republican amendment presents the best way 
Congress can ensure and move toward success in Pakistan and, at the 
same time, make sure that we stay united on foreign policy, because 
this amendment, this substitute supports the President's Pakistan 
strategy.
  So let's stand with the President. Let's move forward. Let's make 
sure that we're united, Republicans and Democrats, House, Senate and 
the administration, in supporting this President's direction for 
Pakistan.
  I ask my colleagues to support the Republican substitute.
  Mr. BERMAN. Mr. Speaker, I yield myself 15 seconds.
  The gentleman from Michigan (Mr. Hoekstra) just spoke in behalf of 
the Republican substitute, but he's a major cosponsor of the 
Reconstruction Opportunity Zones. Unlike the bill in front of us, the 
Republican substitute does not contain the ROZs, the reconstruction 
zones. I'm wondering how the gentleman squares that with his position.
  I now yield 2 minutes to the gentleman from Massachusetts (Mr. 
Tierney), who has done remarkable work on the issue of how the $12 
billion given to Pakistan over the past 7 years has been spent.
  Mr. TIERNEY. Mr. Speaker, I sometimes wonder, listening to this 
particular substitute, whether some people here, whether it's the 
administration or whether it's our friends on the other side of the 
aisle, have been sleepwalking through history. If you want to see a 
repeat of the last 8 years then, fine, let's get rid of all the 
accountability.
  A billion and a half dollars now for the next 5 years is going to be 
given to the Pakistanis on the civil side of things. In the past, 
there's been tens of billions of dollars since their independence. We 
have maybe a structure that's supposed to be a school or a structure 
that's supposed to be a clinic standing somewhere but no teachers, no 
nurses, no doctors, no systems that actually work because there's been 
a total lack of accountability. This substitute amendment would 
continue that lack of accountability.
  On the security side of things, we have a situation where we have 
$6.2 billion given in the coalition support funds which, essentially, 
were a blank check to General Musharraf and the military over there. 
What we got in return, when we finally started doing some oversight in 
January of 2007 and afterwards, was a determination that some 40 
percent of that had vaporized, cannot be accounted for. It was supposed 
to be going for things that are counterinsurgency, weaponry that would 
help fight a common problem of extremists in that country, and 
disappeared somewhere else.
  This particular bill that the substitute is trying to undermine would 
put in place the accountability provisions. They are flexible enough. 
They simply say that you have to fight those extremists that are mutual 
problems. You have to make sure you stop people from going over the 
border to create problems in Afghanistan. You have to cooperate on 
nuclear nonproliferation, reasonable things.
  The American people have a right to expect that their Representatives 
are going to be accountable for the billions of dollars. We are 
supposed to be having a partnership and a mature relationship with the 
Pakistanis. Then let's get over that notion that we're going to offend 
their sensibilities so that they won't actually cooperate with us if we 
want to put some conditions to make sure that our mutual problems are 
addressed with the billions of dollars of American citizens' money.
  We've had 8-plus years of not having accountability on funds to that 
country and others. We've had times since 2002 where we had totally no 
accountability. Let's stop sleepwalking. Let's get the problem 
resolved. Let's make sure we have accountability.
  I say vote against the substitute; vote for the underlying bill.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 1 additional 
minute to the ranking member on the Intelligence Committee, Mr. 
Hoekstra.
  Mr. HOEKSTRA. I thank my colleague for yielding, but I felt I needed 
to respond as my name was brought up from my colleagues on the other 
side of the aisle.

[[Page H6578]]

  You know, the ROZs in this rule process, regardless of the underlying 
bill, will be part of the final package that moves through. What 
happens with the Democrat base bill here is they undercut many of the 
things and put in a lot of restrictions that, as Congressman Van Hollen 
and I tried to craft the bill together, we wanted to make sure that 
there was enough freedom for these programs to be successful. And the 
important thing here is you can vote for the substitute. The ROZs 
become part of the program when the substitute passes on final passage, 
after it replaces the underlying Democrat amendment.
  So I thank you. I think I understand the rule, but to say that I was 
not supportive of the ROZs because I was supporting the substitute I 
don't believe is an accurate indication.
  Mr. BERMAN. Mr. Speaker, I yield myself 15 seconds.
  The gentleman's point is, I know, inadvertently and unintentionally 
incorrect.
  The Republican substitute replaces the entire bill and, therefore, 
were the Republican substitute to pass, the ROZs the gentleman has 
fought for would not be part of the bill that was sent to the Senate.

                              {time}  1415

  Mr. BERMAN. Mr. Speaker, I am pleased to yield 1 minute to a member 
of the committee, the delegate from American Samoa (Mr. Faleomavaega).
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. I thank the chairman for yielding me time to speak 
on this important issue.
  Mr. Speaker, I have tremendous respect for the gentlewoman from 
Florida, my dear friend. But on her proposal for this substitute, 
however, I must respectfully disagree with her on this issue.
  I rise in opposition to the substitute version. While like the 
underlying bill, the substitute provides $1.5 billion in nonmilitary 
assistance to Pakistan for fiscal year 2010, regrettably the substitute 
requires no oversight, no accountability, and no meaningful role for 
Congress to play.
  Like my colleagues, I'm appreciative that Pakistan has provided some 
support for the U.S.-led anti-terror coalition, and I believe Pakistan 
should be commended for assisting the U.S. in its efforts to hunt down 
al Qaeda and Taliban insurgents and for allowing the U.S. military to 
use bases within its country.
  However, I do not believe we should provide billions in aid to 
Pakistan without some sort of accountability. H.R. 1886 includes robust 
monitoring, evaluations, and auditing provisions to ensure that 
assistance is actually reaching the Pakistani people and that U.S. 
taxpayer dollars are being spent wisely.
  The SPEAKER pro tempore (Mr. Weiner). The time of the gentleman has 
expired.
  Mr. BERMAN. I yield the gentleman an additional 10 seconds.
  Mr. FALEOMAVAEGA. I urge my colleagues to oppose the substitute.
  Unfortunately, the previous Administration spent the past 8 years 
writing blank checks to Pakistan and turned a blind eye, while A.Q. 
Khan transferred nuclear technology to rogue nations and while General 
Musharraf failed to keep good on his promises to hold free, fair and 
transparent elections.
  By contrast, this Administration is committed to making Pakistan a 
success while holding Pakistan accountable. H.R. 1886 as offered by 
Chairman Berman is the way forward to making sure U.S. security 
assistance is spent in a manner consistent with our national security 
objectives.
  I urge my colleagues to vote ``no'' on the Republican substitute and 
to vote ``yes'' for H.R. 1886, the Pakistan Enduring Assistance and 
Cooperation Act of 2009.
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield on the Republican 
substitute 2 minutes to the chairman of the Subcommittee of the Middle 
East and South Asia, the vice chairman of the committee, Mr. Ackerman.
  (Mr. ACKERMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. ACKERMAN. Mr. Speaker, the Ros-Lehtinen substitute is not just a 
step back in policy; it's a step back in time. It attempts to reinstate 
the failed Bush-Cheney-Rumsfeld model for managing the wars in Iraq and 
Afghanistan. Under this Congress, it gives the President a massive 
blank check and then walks away from its responsibility as a co-equal 
branch of government.
  The Ros-Lehtinen substitute strips out all policy from the bill and 
has no provisions to encourage Pakistan to change its behavior; it has 
no provisions to ensure U.S. dollars are being effectively accounted 
for; it has no provisions for keeping Congress involved in the process; 
and it has no guidance whatsoever for the President about how taxpayer 
dollars ought to be spent. This is not legislation; this is abdication.
  Is Pakistan cooperating with the U.S. to dismantle nuclear supplier 
networks? Apparently it doesn't matter in the Republican substitute. Is 
Pakistan ending its support to extremist groups and closing terrorist 
camps in the Fatah? Judging by the Republican substitute, who cares? Is 
Pakistan working to prevent cross-border attacks on its neighbors and 
strengthening its counterterrorism laws? If the Republican substitute 
is any guide, in the words of Jackie Mason, ``This is not my 
business.''
  We have tried the minority approach. It is completely devoid of 
policy. It encourages abuse. It doesn't work. But it does have one 
advantage: it allows Members of Congress to avoid any responsibility 
for the war in Afghanistan.
  Mr. Speaker, it's too late to go back to ``strategery.''
  Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes on the 
Republican substitute to the Chair of the Pakistan Caucus, the 
gentlewoman from Texas, Sheila Jackson-Lee.
  Ms. JACKSON-LEE of Texas. I thank the distinguished chairman for 
yielding.
  We cannot wait, and I just suggest to my colleagues that they would 
look quickly at these pictures where the Pakistan military is fighting 
terrorism, and these are the activities that are happening in that 
area. People are fleeing terrorism and the people that are in these 
camps are suffering. We cannot wait for this legislation.
  I oppose the Republican substitute because I want not an isolation of 
Pakistan, I want a regional response, a comprehensive regional 
strategy, including the role of countries outside the region in 
supporting Pakistan's efforts to combat al Qaeda and the Taliban, a 
global effort. The Republican substitute has a one-on-one effort. We 
need a global effort.
  Let me also suggest that there is important language in this 
legislation because if we suggest that the Pentagon is not favorable, 
the Pentagon has indicated that they are aware of the counterinsurgency 
efforts that the Pakistan military is engaging in and they're satisfied 
with the structure of this legislation that would help them continue to 
fight terrorism. We can work out some of the kinks, but are we going to 
wait while people are suffering?
  This legislation also has a recognition that we are establishing a 
new relationship with Pakistan and the United States, a friendship 
relationship. We are acknowledging the recent efforts of the Pakistan 
military in Swat, and we're also suggesting that if there are changes 
in Pakistan, we will reconsider some of the requirements or some of the 
structures that we put in place.
  I would also say to my colleagues that I hope the Republicans who are 
so interested in Pakistan would be interested in making sure the 
International Monetary Fund is funded like the President would like it 
to be and that they will join in that support because they're so 
strongly in support of Pakistan, which got money from it in the last 
year.
  In addition, there are issues dealing with trade, but the AFL-CIO is 
supporting it because of the way the structure is. We have an effective 
balance of helping them establish a better economy but at the same time 
respecting our trade requirements over here in the United States. This 
is the way to address this issue. But I can't imagine that my 
colleagues want to leave Pakistan and the people of Pakistan in these 
dire conditions.
  Pakistan Americans recognize we are establishing a new friendship, 
and on that new friendship we need to oppose the Republican substitute 
and support H.R. 1886.
  Mr. BERMAN. Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield myself 1 minute.

[[Page H6579]]

  We fully agree with the chairman that much of the prior investment in 
Pakistan has failed to yield all of the results that we hoped for and 
that it is appropriate to require the administration to develop 
scientific, specific, meaningful performance-based measures.
  Where we differ, Mr. Speaker, is that we do not mandate that the 
executive branch follow a specific new congressionally mandated 
methodology, which may not even be technically correct, even before the 
new administration has had time to operationalize their new South Asia 
strategy.
  Our substitute, therefore, requires that as part of the comprehensive 
interagency strategy and implementation plan mandated by the 
legislation that the administration put forth a robust and detailed 
financial plan, a description of the resources, of the programming, of 
the management of the United States foreign assistance to Pakistan, 
including the criteria used to determine this prioritization. We 
believe that this is the correct approach.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I have no further requests for time, and I 
reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to take up the balance of 
my time.
  Mr. Speaker, our Republican substitute will allow for the development 
of specific, credible measures of effectiveness that are tightly linked 
to the President's strategy for the region and are therefore preferable 
to those that stem from the legislation. And I would like to just 
briefly address, and I don't have much time, some of the issues raised 
in favor of the underlying bill and against my substitute.
  First, some of the speakers are seeking to fuel distrust between 
Pakistan and India, and they use the Congress' strong support for the 
world's largest democracy, India, to create the impression that U.S. 
assistance has been and would be used against India. That is 
counterproductive. It is not correct. It is dangerous and disingenuous.
  I urge my colleagues to adopt the Republican substitute and reject 
the underlying bill.
  Mr. BERMAN. Mr. Speaker, I will include in the Record a letter from 
the Premier Pakistani American organization, the Pakistani American 
Leadership Center, endorsing H.R. 1886.

                                     Pakistani American Leadership


                                                       Center,

                                     Washington, DC, June 6, 2009.
     Hon. Howard Berman,
     Chair, Committee on Foreign Affairs, House of 
         Representatives, Washington, DC.
       Dear Chairman Berman: On behalf of the Pakistani American 
     Leadership Center (PAL-C) and other team members listed 
     below, I am writing to express our strong support for H.R. 
     1886, the Pakistan Enduring Assistance and Cooperation 
     Enhancement Act of 2009. PAL-C was established in 2004 to 
     mobilize the Pakistani-American community to be more 
     conversant with the U.S political process and to promote 
     greater understanding of Pakistan by building lasting ties 
     with the U.S.
       H.R. 1886 reflects our deep commitment to developing a 
     strong U.S.-Pakistan relationship and will be instrumental in 
     strengthening Pakistan's democratic government, promoting 
     economic and social development for Pakistan's citizens, and 
     creating the foundation for a stronger, more stable Pakistan.
       We are particularly pleased that H.R. 1886 accentuates 
     investments in Pakistan's healthcare, education, and 
     infrastructure and includes a requirement that all U.S. 
     security assistance be provided through the elected civilian 
     government. PAL-C also applauds the requirements for enhanced 
     monitoring, evaluation and auditing of U.S. economic 
     assistance. These aspects of the bill will assure the most 
     impactful application of the funds, create the greatest long 
     term leverage from the assistance package, and establish the 
     needed transparency in distribution of money.
       We thank you for your hard work and visionary leadership on 
     this critical legislation and hope that its passage will 
     initiate the beginning of a new, more positive and enduring 
     era in U.S.-Pakistan relations. We also stand ready to 
     continue doing our part as proud Pakistani Americans in 
     offering U.S. congress special insights into Pakistan, based 
     on our deep rooted perspective.
           Sincerely,
                                                   Pervaiz Lodhie.

       Pervaiz Lodhie, Founder/President, LEDtronics; Salim Adaya, 
     Chairperson. IDS Real Estate Group; Muhammad Adaya, IDS Real 
     Estate Group; Najeeb Ghauri, Chairman/CEO, Netsol; Dr. Satter 
     Abbasi, Prof. Clinical Medicine, UCLA; Jamal Khawaja, 
     Director, JFK Import & Export; Dr. Salman Nagvi, COS, Kindred 
     Hospital OC; Adnan Khan, President, CIDP Inc.; Fiza Shah, 
     Founder/CEO, DIL; Ghazala Khan, Principal, GK & Associates; 
     Shezad Rokerya, Chairman, The Interlink Group; Taha Gaya, 
     Exec. Dir., PAL-C; Jim Moody, Chairman AFHD/NCHD; Salman 
     Ahmed, UN Goodwill Ambassador, Artist.

  Mr. Speaker, I rise to strongly oppose the Republican substitute. I'm 
pleased to see that the substitute does support the President's request 
for $1.5 billion a year in nonmilitary assistance for Pakistan, the 
same amount as the underlying bill. But that's where the similarity 
ends.
  With all due respect to my colleagues on the other side of the aisle, 
this substitute amounts to nothing more than a blank check. It requires 
no real oversight, no serious accountability, no congressional role 
beyond getting briefings on what we could ask for without any new law.
  Since 9/11, I repeat again, we have poured more than $12 billion into 
Pakistan, with very little to show for it. This substitute is simply a 
continuation of the same failed policy.
  H.R. 1886, on the other hand, expresses our sense of priorities for 
democratic, economic, and social development assistance without tying 
the President's hands. Unlike the substitute, our bill provides robust 
monitoring and evaluation to ensure that the assistance is reaching the 
Pakistani people. Why would you support another $1.5 billion in 
economic assistance unless you knew it wasn't just going for ghost 
schools and to disappear into unspecified budget support? You need the 
monitoring and evaluation kinds of provisions that we haven't had in 
the past and that our bill provides and the Republican substitute 
doesn't.
  The Republican substitute treats Pakistan in virtual isolation with a 
brief mention of the Afghan-Pakistan cooperation. H.R. 1886 requires a 
comprehensive regional strategy, including the role of countries 
outside the region in supporting Pakistan's efforts to combat al Qaeda 
and the Taliban. A global effort is required to make Pakistan a 
success, and the substitute's failure to recognize this salient fact is 
another serious flaw.
  Read the bill. Please read the bill. Our accountability provisions 
are not rigid. They're not inflexible. We state very clearly simply 
that we expect Pakistan to make progress in their fight against the 
extremists and to sustain their commitment. If the President can't tell 
us that Pakistan is meeting with that very minimal standard, we should 
be asking ourselves much deeper questions about what we're really 
trying to achieve here. The onus is on our minority colleagues to 
explain why, given Pakistan's recent history, we should provide more 
weapons without making sure the equipment is being used properly.
  In this context I find it curious that the substitute is totally 
inconsistent with the arguments that my friends made just yesterday 
during debate on the State Department authorization bill. Then all the 
repeated arguments were more accountability, we need stricter 
accountability for critical foreign policy priorities. Here we have the 
most critical foreign policy priority and in the Republican substitute 
the absence of any provisions regarding accountability, evaluation, 
auditing, or monitoring.
  This substitute begs the question, why does the minority support 
total flexibility for President Obama in Pakistan but everywhere else 
in the foreign policy or domestic sphere, they try to constrain him? 
This is at the top of our list of national security challenges. Our 
approach is the better approach.
  I urge defeat of the substitute.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1430

  The SPEAKER pro tempore. Pursuant to House Resolution 522, the 
previous question is ordered on the bill, as amended, and on the 
amendment offered by the gentlewoman from Florida (Ms. Ros-Lehtinen).
  The question is on the amendment offered by the gentlewoman from 
Florida (Ms. Ros-Lehtinen).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. ROS-LEHTINEN. Mr. Speaker, on that I demand the yeas and nays.

[[Page H6580]]

  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 173, 
nays 246, not voting 14, as follows:

                             [Roll No. 331]

                               YEAS--173

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--246

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rohrabacher
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--14

     Baca
     Bishop (UT)
     Blunt
     Brown, Corrine
     Delahunt
     Himes
     Kagen
     Kennedy
     Lewis (GA)
     Lucas
     Oberstar
     Richardson
     Sanchez, Linda T.
     Sullivan

                              {time}  1453

  Messrs. TEAGUE, SCHRADER, MOORE of Kansas, RUSH, SESTAK and Ms. SHEA-
PORTER changed their vote from ``yea'' to ``nay.''
  Mr. HALL of Texas changed his vote from ``nay'' to ``yea.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. ROGERS of Michigan. Mr. Speaker, I have a motion to recommit at 
the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. ROGERS of Michigan. Yes, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Rogers of Michigan moves to recommit the bill H.R. 1886 
     to the Committee on Foreign Affairs with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Strike all after the enacting clause and insert the 
     following:

TITLE I--COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR 
              LONG-TERM SECURITY AND STABILITY IN PAKISTAN

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``United States-Pakistan 
     Security and Stability Act''.

     SEC. 102. FINDINGS.

       Congress finds the following:
       (1) Congress supports the following elements outlined in 
     the President's White Paper of the Interagency Policy Group's 
     Report on United States Policy Toward Afghanistan and 
     Pakistan:
       (A) The core goal of the United States must be to disrupt, 
     dismantle, and defeat al Qaeda and its affiliated networks 
     and their safe havens in Pakistan.
       (B) The threat that al Qaeda poses to the United States and 
     its allies in Pakistan--including the possibility of 
     extremists obtaining fissile material--is all too real.
       (C) The United States must overcome its trust deficit with 
     Pakistan and demonstrate that it is a reliable, long-term 
     partner.
       (2) The Government of Pakistan is facing significant 
     security and socio-economic challenges that set the 
     conditions for greater radicalization and may threaten 
     Pakistan's viability. Such challenges include the following:
       (A) Al Qaeda's and other extremist groups' campaign of 
     violent attacks throughout Pakistan, including the Red Mosque 
     incident, the assassination of Benazir Bhutto, and the 
     bombing of the Marriott Hotel in Islamabad.
       (B) Pakistan's population growth at a rate of approximately 
     2 percent a year, with nearly half of its 172 million 
     residents illiterate, under the age of 20, and living near or 
     below the poverty line.
       (3) Security and stability to Pakistan is further 
     complicated given the prevalence of ungoverned spaces between 
     Pakistan and Afghanistan in which state control has not been 
     fully exercised given ethnic and tribal affiliations.
       (4) The security and stability of Pakistan is vital to the 
     national security of the United States, and the consequences 
     of failure poses a grave threat to the security of the 
     American people, the region, and United States allies.
       (5) The objectives of United States policy toward Pakistan 
     are to empower and enable Pakistan to--
       (A) develop into a prosperous and democratic state that is 
     at peace with itself and with its neighbors;
       (B) actively confront, and deny safe haven to, al Qaeda, 
     the Taliban, and other extremists;
       (C) implement the economic, legal, and social reforms 
     required to create an environment that discourages violent 
     Islamic extremism; and
       (D) maintain robust command and control over its nuclear 
     weapons technology.

     SEC. 103. COMPREHENSIVE INTERAGENCY STRATEGY AND 
                   IMPLEMENTATION PLAN FOR PAKISTAN.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of the Supplemental Appropriations Act of 2009, 
     the President shall develop and transmit to the appropriate 
     congressional committees a comprehensive interagency strategy 
     and implementation plan for long-term security and stability 
     in Pakistan which shall be composed of the elements specified 
     in subsection (b).

[[Page H6581]]

       (b) Elements.--The comprehensive interagency strategy and 
     implementation plan required by subsection (a) shall contain 
     at least the following elements:
       (1) A description of how United States assistance described 
     in section 104 will be used to achieve the objectives of 
     United States policy toward Pakistan.
       (2) Progress toward the following:
       (A) Assisting efforts to enhance civilian control and a 
     stable constitutional government in Pakistan and promote 
     bilateral and regional trade and economic growth.
       (B) Developing and operationally enabling Pakistani 
     security forces so they are capable of succeeding in 
     sustained counter-insurgency and counter-terror operations.
       (C) Shutting down Pakistani safe havens for extremists.
       (D) Improving Pakistan's capacity and capability to 
     ``hold'' and ``build'' areas cleared of insurgents to prevent 
     their return.
       (E) Developing and strengthening mechanisms for Pakistan-
     Afghanistan cooperation.
       (3) A financial plan and description of the resources, 
     programming, and management of United States foreign 
     assistance to Pakistan, including the criteria used to 
     determine their prioritization.
       (4) A complete description of both the evaluation process 
     for reviewing and adjusting the strategy and implementation 
     as necessary, and measures of effectiveness for the 
     implementation of the strategy.
       (c) Intelligence Support.--The President, in developing the 
     comprehensive interagency strategy and implementation plan 
     required by subsection (a), shall consult with the Director 
     of National Intelligence.
       (d) Updates of Strategy.--The President shall transmit in 
     writing to the appropriate congressional committees any 
     updates of the comprehensive interagency strategy and 
     implementation plan required by subsection (a), as necessary.

     SEC. 104. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN.

       (a) Foreign Assistance Act of 1961.--There is authorized to 
     be appropriated to the President, for the purposes of 
     providing assistance to Pakistan under the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), $1,500,000,000 or such 
     sums as may be necessary for each of the fiscal years 2010 
     through 2013.
       (b) Pakistan Counterinsurgency Capability Fund.--There is 
     authorized to be appropriated to the President, for the 
     purposes of building a more effective counterinsurgency 
     capability in Pakistan's security forces, up to $700,000,000 
     for the Pakistan Counterinsurgency Capability Fund, for 
     fiscal year 2010.
       (c) Use of Funds.--Amounts authorized to be appropriated 
     under this section or otherwise made available to carry out 
     this title shall be used to the maximum extent practicable as 
     direct expenditures for programs, projects, and activities, 
     subject to existing reporting and notification requirements.

     SEC. 105. CONGRESSIONAL BRIEFING AND NOTIFICATION 
                   REQUIREMENTS.

       (a) Briefing.--Not later than 30 days after the date of the 
     transmission of the comprehensive interagency strategy and 
     implementation plan required by section 103, and quarterly 
     thereafter through December 1, 2013, the President, acting 
     through the Secretary of State and the Secretary of Defense, 
     shall brief the appropriate congressional committees on the 
     status of the comprehensive interagency strategy and 
     implementation plan.
       (b) Notification.--The President shall notify the 
     appropriate congressional committees not later than 30 days 
     prior to obligating any assistance described in section 104 
     as budgetary support to the Government of Pakistan or to any 
     persons, agencies, instrumentalities, or elements of the 
     Government of Pakistan and shall describe the purpose and 
     conditions attached to any such budgetary support assistance. 
     The President shall notify the appropriate congressional 
     committees not later than 30 days prior to obligating any 
     other type of assistance described in section 104.

     SEC. 106. DEFINITION.

       In this title, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate.

 TITLE II--COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN 
          FOR LONG-TERM SECURITY AND STABILITY IN AFGHANISTAN

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``United States-Afghanistan 
     Security and Stability Act''.

     SEC. 202. FINDINGS.

       Congress finds the following:
       (1) Congress supports the following elements outlined in 
     the President's White Paper of the Interagency Policy Group's 
     Report on United States Policy Toward Afghanistan and 
     Pakistan:
       (A) The United States has a vital national security 
     interest in addressing the current and potential security 
     threats posed by extremists in Afghanistan and Pakistan.
       (B) The United States homeland, Pakistan, Afghanistan, 
     India, Europe, Australia, and United States allies in the 
     Middle East remain targets of al Qaeda and other extremist 
     groups.
       (C) At the same time, the Taliban and related organizations 
     seek to reestablish their old sanctuaries in Afghanistan.
       (2) Afghanistan is a central front in the global struggle 
     against al Qaeda and other affiliated networks. A stable 
     Afghanistan that is free from al Qaeda, the Taliban, and 
     extremist influence and ideology will require a patient, 
     long-term, integrated political, military, and economic 
     strategy that is adequately resourced to accomplish its 
     objectives.
       (3) Allowing Afghanistan to revert to its pre-September 11, 
     2001, status of control by al Qaeda and the Taliban is not an 
     option for United States policy.
       (4) Security and stability in Afghanistan is further 
     complicated given the prevalence of ungoverned space between 
     Afghanistan and Pakistan in which state control has not been 
     fully exercised given ethnic and tribal affiliations.
       (5) The United States will continue to demonstrate its 
     long-term commitment to the people of Afghanistan by--
       (A) sustained civilian assistance and providing United 
     States commanders with the troops and resources needed to 
     conduct counterinsurgency operations with the support of the 
     Government and people of Afghanistan; and
       (B) continuing to engage the Afghan people in ways that 
     demonstrate United States commitment to promoting a 
     legitimate and capable Afghan government.
       (6) The objectives of United States policy toward 
     Afghanistan are to empower and enable Afghanistan to--
       (A) develop into secure and stable state with a government 
     that exercises full control and authority over all the 
     country; and
       (B) develop increasingly reliable and capable Afghan 
     security forces that can actively confront, and deny safe 
     haven to al Qaeda, the Taliban, and other extremists and 
     eventually lead the counterinsurgency and counterterrorism 
     fight with reduced United States assistance.

     SEC. 203. COMPREHENSIVE INTERAGENCY STRATEGY AND 
                   IMPLEMENTATION PLAN FOR AFGHANISTAN.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of the Supplemental Appropriations Act, 2009, 
     the President shall develop and transmit to the appropriate 
     congressional committees a comprehensive interagency strategy 
     and implementation plan for long-term security and stability 
     in Afghanistan which shall be composed of the elements 
     specified in subsection (b).
       (b) Elements.--The comprehensive interagency strategy and 
     implementation plan required by subsection (a) shall contain 
     at least the following elements:
       (1) A description of how United States assistance described 
     in section 204 will be used to achieve the objectives of 
     United States policy toward Afghanistan.
       (2) Progress toward the following:
       (A) Executing and resourcing an integrated civilian-
     military counterinsurgency strategy in Afghanistan.
       (B) Disrupting terrorist networks in Afghanistan and 
     Pakistan to degrade any ability such networks have to plan 
     and launch international terrorist attacks.
       (C) Resourcing and prioritizing civilian assistance in 
     Afghanistan.
       (D) Promoting a more capable, accountable, and effective 
     government in Afghanistan that serves the Afghan people.
       (E) Expanding the Afghan National Security Forces and 
     developing self-reliant security forces that can lead the 
     counterinsurgency and counterterrorism fight with reduced 
     United States assistance.
       (F) Supporting Afghanistan in disrupting and dismantling 
     narco-traffickers and breaking the narcotics-insurgency 
     nexus.
       (G) Ensuring that nations and various international 
     organizations that have pledged to provide multilateral and 
     bilateral assistance to support efforts to rebuild 
     Afghanistan fulfill their commitment.
       (H) Developing and strengthening mechanisms for 
     Afghanistan-Pakistan cooperation.
       (3) A financial plan and description of the resources, 
     programming, and management of United States foreign 
     assistance to Afghanistan, including the criteria used to 
     determine their prioritization.
       (4) A complete description of both the evaluation process 
     for reviewing and adjusting the strategy and implementation 
     as necessary, and measures of effectiveness for the 
     implementation of the strategy.
       (c) Intelligence Support.--The President, in developing the 
     comprehensive interagency strategy and implementation plan 
     required by subsection (a), shall consult with the Director 
     of National Intelligence.
       (d) Updates of Strategy.--The President shall transmit in 
     writing to the appropriate congressional committees any 
     updates of the comprehensive interagency strategy and 
     implementation plan required by subsection (a), as necessary.

     SEC. 204. AUTHORIZATION OF ASSISTANCE FOR AFGHANISTAN.

       (a) In General.--There is authorized to be appropriated to 
     the President, for the purposes of providing assistance to 
     Afghanistan under the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.), $2,800,000,000 or such sums as may be 
     necessary for each of the fiscal years 2010 through 2013.
       (b) Use of Funds.--Amounts authorized to be appropriated 
     under this section or otherwise made available to carry out 
     this title

[[Page H6582]]

     shall be used to the maximum extent practicable as direct 
     expenditures for programs, projects, and activities, subject 
     to existing reporting and notification requirements.

     SEC. 205. CONGRESSIONAL BRIEFING AND NOTIFICATION 
                   REQUIREMENTS.

       (a) Briefing.--Not later than 30 days after the date of the 
     transmission of the comprehensive interagency strategy and 
     implementation plan required by section 203, and quarterly 
     thereafter through December 1, 2013, the President, acting 
     through the Secretary of State and the Secretary of Defense, 
     shall brief the appropriate congressional committees on the 
     status of the comprehensive interagency strategy and 
     implementation plan.
       (b) Notification.--The President shall notify the 
     appropriate congressional committees not later than 30 days 
     before obligating any assistance described in section 204 as 
     budgetary support to the Government of Afghanistan or to any 
     persons, agencies, instrumentalities, or elements of the 
     Government of Afghanistan and shall describe the purpose and 
     conditions attached to any such budgetary support assistance. 
     The President shall notify the appropriate congressional 
     committees not later than 30 days before obligating any other 
     type of assistance described in section 204.

     SEC. 206. DEFINITION.

       In this title, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate.

  Mr. BERMAN (during the reading). Mr. Speaker, I ask unanimous consent 
that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Rogers) is recognized for 5 minutes in support of his 
motion.
  Mr. ROGERS of Michigan. Mr. Speaker, I commend my friend, Mr. Berman, 
for his efforts on this bill, as I do Congresswoman Ros-Lehtinen on her 
efforts on what I think is the most pressing national security issue we 
face today, Pakistan. And when you look at the troubles that they face 
and what a unique country it is, they are a nuclear-armed sovereign 
nation that has expressed concern about its eastern neighbors, the 
Indians, and all of the effort, both diplomatic, economic, militarily, 
intelligence, that they apply to what they view as a problem sect.
  And to the west of that country, even in their Constitution, they 
treat differently. They give it special autonomy: the Federally 
Administered Tribal Areas. And that's the area that has caused 
Afghanistan and the United States untold misery, danger, something we 
ought to worry about.
  And this bill in the most arrogant way says, You know what? We know 
better than you, Pakistan. We're going to make you set up a teachers' 
pay scale if you want our Federal money, if you want U.S. money to help 
us in the fight against terrorism that is ongoing today by people like 
Batula Masood, who are trying to kill Americans today and make further 
unstable the Pakistani Government, or Fazlullah, who has moved into the 
Swat area, the first time somebody from the tribal areas has taken this 
effort.

                              {time}  1508

  Fazlullah, for the first time, took some settled areas. It used to be 
a great area--as a matter of fact, a tourist area in Pakistan, the Swat 
Valley--and the military has had difficulty in trying to extract them 
from what is a settled area in Pakistan. That is real trouble.
  Many of you have quoted ``The 60 Miles from Islamabad.'' That was the 
Swat Valley movement, and it was done by Fazlullah, 30-something years 
old, rabid Taliban leader, who was able to, in just a very short period 
of time, take over most of the police stations.
  You have al Qaeda senior leadership moving freely with the Haqqani 
network supporting their abilities in the tribal areas of Pakistan. 
Batula Masood, as I said before, has been engaged in terrorist acts not 
only against us, but the Pakistanis.
  Their government is at risk, their people are dying. This bill 
arrogantly says, listen, we want you to help us in terrorism, but let 
me tell you what's important, your teacher pay scales. Those are 
important.
  This is a sovereign nation. As a matter of fact, Senator Kerry--we 
don't often agree with Senator Kerry--an interesting quote: ``Well''--I 
won't use all of his language--``we're just doing their bidding. We're 
their lackeys. We're not in control. You guys (the Pakistani 
Government) are an American puppet, blah, blah, blah.'' What he was 
saying is, don't put all these arbitrary caveats on this bill.
  Let's support President Obama. He hasn't been there that long. He 
wants to implement his policy. He says he needs flexibility. I agree 
with him. This is one of the most complicated, complex problems we will 
face when it comes to national security.
  You even, in this bill--and I don't think you're thinking about what 
the implications are--through your labor agreements in this bill, 
inspectors are to publish reports listing the names and locations of 
every firm in the program. This is a nation beleaguered by terrorists. 
Why would you give them a list of targets in Pakistan published by the 
United States Government? It makes no sense whatsoever.
  You often talked about the arrogance of the previous administration 
telling people how they ought to live and telling them how they ought 
to govern. This is the most intrusive, most arrogant approach to 
providing someone assistance that is actually helping us fight 
terrorism in the most difficult area I can find in the world today.
  I am going to ask you to please take a look at this motion to 
recommit. It puts a little common sense back in it and says, you know 
what, we'll get to the teacher pay scale and merit-based system that 
you would like to get to maybe another day, but today we are worried 
about the safety and security of our soldiers in Afghanistan who are 
under attack from Taliban leaders, headquartered the Shura Council in 
Quetta, Pakistan. We are worried about the Haqqani network, who is 
developing the logistical support that they need through arms and other 
things to help target our soldiers in Afghanistan. We are worried about 
Fazlullah's efforts in his first settled areas of Pakistan. That ought 
to be our watch today.
  We are getting ready to send thousands and thousands of fresh United 
States troops to this region. Our focus has to be national security; it 
has to be their security. It has to say, Pakistan, we are a partner, 
not your mother. We are not going to hold your hand in this. We are 
going to be your equal partner in your fight on terror. Thank you for 
your commitment.
  We're going to stand up for those folks.
  I yield back the remainder of my time.
  Mr. BERMAN. Mr. Speaker, I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. BERMAN. I made a mistake earlier. I objected to the reading of 
the motion to recommit. I should have asked for a reading of the bill. 
As much as I admire the gentleman, the one thing that is clear to me 
from his comments is he didn't read the bill.
  We have absolutely no conditions or restrictions or efforts to 
earmark or tie up any of the economic assistance in this bill. Why you 
would say that is only because someone told you that. Because when you 
look at the bill, we have some principles, we have suggestions, we lay 
out things that need to be done to build democratic institutions in 
Pakistan, to build a school system.
  We know that we are providing up to $12 billion, much of it in 
economic assistance for schools that have no teachers. We're providing 
money for teachers who have no education and don't know how to teach 
science and math. So we suggest in this bill some guidelines and tie no 
one's hands. We don't tie the Secretary's hands; we don't tie the 
Pakistanis' hands.
  Now, the state of play is that when we put together our Pakistan 
bill, we went to the minority and said, let's work on a Pakistan/
Afghanistan bill. They weren't interested. The problem with the 
minority's way to do a motion to recommit is the leadership meets in 
some office--they don't bring in the Republicans from the committee--
and they come up with a motion to recommit, let's join Afghanistan with 
Pakistan. We've been trying to do that for 4 months in our committee, 
but the minority didn't want to do it that way.

[[Page H6583]]

  And by the way, we just had a little vote. We had a vote on a 
Republican substitute that, on security assistance, had no monitoring 
provisions, no auditing provisions, no evaluation provisions. This is 
in the context of $12 billion that's been spent, a huge amount on 
reimbursements for which there are no receipts for money, that we 
cannot find what it went for. If you like what's been going on there, 
you're praising the right of Pakistan to do what it wants to do.
  When Musharraf kept making appeasement agreements with different 
elements of the Taliban, was that a wise thing to be encouraging? I 
don't think so. The only thing we provide any benchmarks on is the 
security assistance. And what we say there is, Mr. President, look at 
how that money is being spent and make a determination whether or not 
Pakistan has a commitment--that they are now, by the way, 
demonstrating--to combating the insurgency and fighting the terrorists, 
and whether they're making progress. And are they cooperating in the 
efforts to dismantle the proliferation regime, and are they doing 
things to secure it? And, Mr. President, you make the determination and 
you make the decision.
  We have worked with the leadership of the Armed Services Committee to 
make sure that the security assistance gets to the Pakistani military 
as quickly as possible, but not equipment that has nothing to do with 
the counterinsurgency. We want the equipment, the helicopters, the 
night-vision goggles, the training, the IMET programs to go as fast as 
they can. So in our bill, not in yours, but in our bill we waive all 
the traditions that now exist on traditional security assistance 
programs.
  So this is a motion to recommit that includes an Afghan bill that 
says, continue as usual, where the lack of end-use monitoring has meant 
that we have been arming the Taliban because they steal the guns we 
provide and use them against our forces and the Afghan forces, and 
repeat in toto the Republican substitute we just rejected.
  Let's vote against it. We did it once; let's do it again. Let's try 
to reestablish some sense of bipartisan collaboration. These 
differences aren't that great. We can work them out if the majority and 
the minority cooperate. I say, as the chairman of the committee with 
jurisdiction over these issues, I would love to put together a 
bipartisan approach. Maybe we can start working on that for the 
conference committee.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. ROGERS of Michigan. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for electronic vote on the 
question of passage.
  The vote was taken by electronic device, and there were--ayes 164, 
noes 245, not voting 24, as follows:

                             [Roll No. 332]

                               AYES--164

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Castle
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jordan (OH)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lummis
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--245

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bean
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Payne
     Perlmutter
     Perriello
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rohrabacher
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--24

     Baca
     Becerra
     Blunt
     Brown, Corrine
     Cassidy
     Delahunt
     Goodlatte
     Himes
     Kagen
     Kennedy
     King (IA)
     Lewis (GA)
     Lucas
     Luetkemeyer
     McIntyre
     Minnick
     Peterson
     Richardson
     Sanchez, Linda T.
     Schmidt
     Slaughter
     Sullivan
     Tonko
     Visclosky


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised they 
now have less than 2 minutes remaining.

                              {time}  1523

  Mr. WESTMORELAND changed his vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. GOODLATTE. Mr. Speaker, on rollcall No. 332 I was unavoidably 
detained. Had I been present, I would have voted ``aye.''
  Mr. KING of Iowa. Mr. Speaker, on rollcall No. 332 I was detained in 
the Committee on Agriculture during a question and answer exchange with 
Secretary of Agriculture Vilsack and was not able to reach the floor 
before the

[[Page H6584]]

vote was closed. Had I been present, I would have voted ``aye.''
  Mr. CASSIDY. Mr. Speaker, on rollcall No. 332 I was unavoidably 
detained. Had I been present, I would have voted ``aye.''
  Mr. TONKO. Mr. Speaker, on rollcall No. 332 I was unable to vote due 
to the fact that I was meeting with constituents. Had I been present, I 
would have voted ``no.''
  Ms. SLAUGHTER. Mr. Speaker, on rollcall No. 332 I was unable to vote 
due to the fact that I was meeting with constituents. Had I been 
present, I would have voted ``no.''
  Mr. BECERRA. Mr. Speaker, I was unavoidably detained earlier today 
and missed rollcall vote 332. If present, I would have voted ``no.''
  (By unanimous consent, Mr. Upton was allowed to speak out of order.)


     Announcing the Death of Former Member Carl Pursell of Michigan

  Mr. UPTON. Mr. Speaker, as dean of the Michigan Republican 
delegation, I have the sad duty to relay the news that our former 
colleague Carl Pursell from Michigan passed away this morning. He was 
the ranking member on the Labor-HHS appropriations subcommittee for 
many years. He retired in 1993.
  I would yield to Mr. McCotter who represents Plymouth, Michigan.
  Mr. McCOTTER. I thank the gentleman.
  I grew up in Carl's district. We watched as he went from a Wayne 
County commissioner to a Michigan State Senator and then into this 
illustrious body. As a young person growing up getting interested in 
politics, Carl's example was an inspiration. It showed that a fine and 
decent gentleman could come from the small town of Plymouth, retain his 
Main Street truths, and do the people's business in this, the people's 
House.
  The last several years have not been kind to Carl. He is in a far 
better place, and we are all diminished. Our best goes out to his 
family, and we would appreciate it if you keep him in your prayers.
  Mr. UPTON. Mr. Speaker, I would ask for a moment of silence.
  The SPEAKER pro tempore. Members will rise for a moment of silence.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. UPTON. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 234, 
noes 185, not voting 14, as follows:

                             [Roll No. 333]

                               AYES--234

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kanjorski
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kosmas
     Kratovil
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--185

     Abercrombie
     Aderholt
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Conyers
     Costello
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     Kaptur
     King (IA)
     King (NY)
     Kingston
     Kissell
     Kline (MN)
     Kucinich
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Mack
     Manzullo
     Marchant
     Massa
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McDermott
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stark
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Waters
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Baca
     Blunt
     Brown, Corrine
     Delahunt
     Himes
     Johnson (IL)
     Kagen
     Kennedy
     Lewis (GA)
     Murphy (CT)
     Napolitano
     Richardson
     Sanchez, Linda T.
     Sullivan


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are less than 2 
minutes remaining on this vote.

                              {time}  1534

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________