HR 1886

 
To authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.
Sponsor: Howard L. Berman (D) CA
 
Status: Passed
 
Govit Voted No 88%
H600400M
Gov Voted No 44%
H600400G
 
 
 
 
 
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Summary:
4/2/2009--Introduced.Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009 or the PEACE Act of 2009 - Authorizes the President to provide assistance for Pakistan to enhance: (1) democratic institutions in order to strengthen civilian rule and long-term stability; (2) the judicial system and law enforcement; (3) economic development; (4) national, provincial, and local governmental and nongovernmental institutions; (5) public education; (6) human rights, including establishment of an independent National Human Rights Commission; (7) health care; and (8) cultural and educational programs. Expresses the sense of Congress in favor of efforts to assist refugees and displaced persons in Pakistan. States that to the extent that Pakistan continues to evolve toward civilian control of the government and to implement economic reform programs, the President should mobilize multilateral support for Pakistan. Establishes in the Treasury the Pakistan Democracy and Prosperity Fund. Obligates funding for Pakistan for: (1) international military education and training; and (2) the foreign military financing program. Restricts the use of funding for the purchase of, or upgrade to, F-16 fighter aircraft and munitions. Authorizes the President, subject to congressional notification, to direct the drawdown of Department of Defense (DOD) articles, services, and military education and training and make such articles, services, and education and training available to Pakistan. Authorizes the Secretary of State to establish the Pakistan military transition program to foster the principle of civilian rule through exchanges between military and civilian personnel of Pakistan and similar personnel from countries in transition to democracy and from North Atlantic Treaty Organization (NATO) countries. Prohibits military assistance from being provided to Pakistan if: (1) the President fails to determine that Pakistan is taking actions to dismantle nuclear weapons-material supply networks and to combat terrorist groups; or (2) a joint resolution disapproving any such determination is enacted into law. Excludes from such prohibition assistance to counter terrorism along the Pakistan-Afghanistan border. Requires that authorizations of appropriations for counterterrorism assistance to Pakistan be made available only with the concurrence of the Secretary of State. Directs the President to: (1) develop a regional security strategy to work with the government of Pakistan and other relevant governments and organizations to implement counterinsurgency and counterterrorism efforts in the Pakistan-Afghanistan border areas; and (2) implement a system to evaluate the effectiveness of democratic, economic, and social development assistance provided to Pakistan under this Act. Requires that any direct U.S. assistance made on or after January 1, 2010, to the government of Pakistan be provided to, or received from, civilian authorities of a freely elected government of Pakistan. Terminates the authority of this Act after September 30, 2013.
 
Text of Legislation:

HR 1886 IH

111th CONGRESS

1st Session

H. R. 1886

To authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 2, 2009

Mr. BERMAN (for himself, Mr. KIRK, Mr. ACKERMAN, Mr. ROYCE, Ms. JACKSON-LEE of Texas, Mr. SHERMAN, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.

    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. Drawdown authority.

      Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries.

      Sec. 206. Limitation on United States military assistance to Pakistan.

      Sec. 207. Role of Secretary of State.

      Sec. 208. Authorization of appropriations.

TITLE III--MISCELLANEOUS PROVISIONS

      Sec. 301. Regional security strategy.

      Sec. 302. Monitoring and evaluation of assistance.

      Sec. 303. Auditing.

      Sec. 304. Requirements for civilian control of United States assistance for Pakistan.

      Sec. 305. Sense of Congress.

      Sec. 306. Reports.

      Sec. 307. Sunset.

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 an invaluable 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 recognized the significant challenges emanating from within its borders, and chose to partner with the United States in its fight against al Qaeda, the Taliban, and other extremist and terrorist groups.

      (4) Since 2001, the United States has contributed more than $10,000,000,000 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 targets assistance throughout Pakistan and does not disproportionately focus on military activities or one particular area or province.

      (6) Despite apprehending the top leadership of al Qaeda--Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-Libi--as well as the leadership and rank and file of affiliated terrorist groups, Pakistan, particularly the FATA as well as areas under central government authority such as Quetta in Balochistan and Muridke in Punjab, remains a sanctuary for al Qaeda, the Afghan Taliban, and affiliated groups from which these groups organize terrorist actions against Pakistan and other countries.

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 an invaluable friend and ally to the United States, both in times of strife and in times of peace, and the 2 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) The United States seeks a sustained, long-term, multifaceted relationship with Pakistan based on friendship between the peoples of the 2 countries, the commitment to democracy and the rule of law, and the mutual interests of stability, security, and prosperity.

      (3) It is critical for the United States to support Pakistan’s democratic government and strengthen its democratic institutions, including its parliament and the judicial system.

      (4) 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.

      (5) The United States intends--

        (A) to actively and consistently pursue a sustained, long-term, multifaceted relationship with Pakistan, 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, expand good governance, and enhance the rule of law, through strengthening Pakistan’s parliament and in helping Pakistan reestablish an independent and transparent judicial system;

        (C) to promote long-term development projects, including healthcare, water management, and energy programs, in all areas of 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 work with the Government of Pakistan, particularly with provincial education authorities, to improve Pakistan’s public school system, including by increasing access to secondary education and vocational training, and help to create an appropriate national curriculum program that would apply to public, private, and religious schools;

        (F) to expand people-to-people engagement between the United States and Pakistan, through increased educational, technical, and cultural exchanges and other methods;

        (G) to redouble its efforts to work with the Government of Pakistan, through all appropriate means, in establishing a counterinsurgency and counterterrorism strategy to prevent any territory of Pakistan from being used as a base or conduit for terrorist attacks in Pakistan, Afghanistan, or elsewhere, and ensure that madrasas in Pakistan are not used to incite terrorism; and

        (H) to ensure that Pakistan has strong and effective law enforcement and national defense forces, under civilian leadership, with sufficient and appropriate defense equipment and training to effectively defend Pakistan against internal and external threats.

      (6) Simultaneously, the United States expects Pakistan--

        (A) to ensure a transparent, mutually beneficial, and trusting relationship with the United States which expands beyond the commitment of the 2 countries to fighting terrorism;

        (B) to maintain its commitment to and ensure the uninterrupted practice of democracy and democratic governance, including the development of a strong parliament, an independent judicial system, and an extension of rule of law to all areas of Pakistan, as committed to by the elected civilian government;

        (C) to promote the long-term development of Pakistan through investments in infrastructure, rural development, and other similar programs that are sustained and supported by each successive democratic government in Pakistan;

        (D) 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, and establish increased government oversight of the education curriculum of madrasas, as currently mandated by Pakistani law, to include the closing of any madrasas found to have links to terrorism;

        (E) to ensure transparency and provide effective accountability of all United States assistance and reimbursements provided to Pakistan;

        (F) to take steps to improve 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;

        (G) to take all appropriate measures to adapt its Armed Forces to be able to conduct effective and sustained counterinsurgency and counterterrorism operations;

        (H) not to provide any support, direction, guidance to, or acquiescence in the activities of, any person or group that engages in any degree in acts of violence or intimidation against civilians, civilian groups, or governmental entities;

        (I) to redouble its efforts to prevent the presence of the Taliban and Taliban-affiliated groups in Pakistan that support insurgents in Afghanistan;

        (J) not to support any person or group that conducts violence, sabotage, or other activities meant to instill fear or terror in India; and

        (K) to ensure access of United States investigators to individuals suspected of engaging in worldwide proliferation of nuclear materials, and restrict such individuals from travel or any other activity that could result in further proliferation.

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


Full Text of Legislation
 
 
All Actions:

Actions Date
Action Text
4/2/2009
Sponsor introductory remarks on measure. (CR E887-888)
4/2/2009
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
4/2/2009
Referred to House Foreign Affairs
4/2/2009
Referred to House Rules
5/20/2009
Committee Consideration and Mark-up Session Held.
5/22/2009
Reported (Amended) by the Committee on Foreign Affairs. H. Rept. 111-129, Part I.
5/22/2009
Referred sequentially to the House Committee on Armed Services for a period ending not later than June 5, 2009 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(c), rule X.
5/22/2009
Committee on Rules discharged.
6/2/2009
Committee on Armed Services discharged.
6/9/2009
Rules Committee Resolution H. Res. 522 Reported to House. Rule provides for consideration of H.R. 1886 and H.R. 2410. Measure will be considered read. A specified amendment is in order. Resolution provides for consideration of both H.R. 1886, H.R. 2410. In each case, all points of order against consideration of the bills are waived except for clause 9 and 10 of rule XXI. General debate on each bill shall continue for not to exceed one hour, equally divided and controlled.
6/11/2009
Considered under the provisions of rule H. Res. 522.
6/11/2009
Rule provides for consideration of H.R. 1886 and H.R. 2410. Measure will be considered read. A specified amendment is in order. Resolution provides for consideration of both H.R. 1886, H.R. 2410. In each case, all points of order against consideration of the bills are waived except for clause 9 and 10 of rule XXI. General debate on each bill shall continue for not to exceed one hour, equally divided and controlled.
6/11/2009
Pursuant to the provisions of H.Res. 522, an amendment in the nature of a substitute now printed in the bill, modified by the amendment printed in part A of House Report 111-143, is considered as adopted as original text for the purpose of further amendment.
6/11/2009
DEBATE - The House proceeded with one hour of debate on H.R. 1886.
6/11/2009
DEBATE - Pursuant to the provisions of H.Res. 522, the House proceeded with 30 minutes of debate on the Ros-Lehtinen amendment in the nature of a substitute.
6/11/2009
Mr. Rogers (MI) moved to recommit with instructions to Foreign Affairs.
6/11/2009
DEBATE - The House proceeded with 10 minutes of debate on the Rogers(MI) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment striking all after the enacting clause and inserting Title I- Comprehensive Interagency Strategy and Implementation Plan for Long-Term Security and Stability in Pakistan.
6/11/2009
The previous question on the motion to recommit with instructions was ordered without objection.
6/11/2009
On motion to recommit with instructions Failed by recorded vote: 164 - 245 (Roll no. 332).
6/11/2009
Pursuant to the provisions of H.Res. 522, the text of H.R. 1886, as passed by the House, is appended as new matter at the end of the engrossment of H.R. 2410.
6/11/2009
Laid on the table.
6/11/2009
6/11/2009
On passage Passed by recorded vote: 234 - 185 (Roll no. 333).
6/11/2009
On motion to recommit with instructions Failed by recorded vote: 164 - 245 (Roll no. 332). (CR H6583)
 
Titles:

To authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009
PEACE Act of 2009
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009 or the PEACE Act of 2009
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009 or the PEACE Act of 2009
Afghanistan-Pakistan Security and Property Enhancement Act
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009
PEACE Act of 2009
Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009
PEACE Act of 2009
 
Committee:

Referral, In Committee
Referral, In Committee
Referral, Markup, In Committee
Referral, Markup, Reporting
Referral, Discharged
Referral, In Committee
Referral, Discharged
 
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Amendments

 
 
 
 
 
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