Member of Congress

Howard Berman

Role
Former Representative
State
CA
Party
Democrat

Speeches

IRAN SANCTIONS ENABLING ACT OF 20092009-10-13

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise in strong support of H.R. 1327, the Iran Sanctions Enabling Act of 2009, and I commend my friend Mr. Frank for his leadership on this important issue. This bill will allow state and local governments and educational institutions to divest from companies that invest $20 million or more in Iran's energy sector. I am hopeful that the threat of divestment will persuade companies not to do business with Iran, and that this additional economic pressure will help deter Iran from pursuing a nuclear weapons capability or supporting terrorism. Several states and localities have already begun the process of divestment, and I expect that a divestment bill will soon be introduced in the state legislature in my home state of California. The legislation before us, H.R. 1327, will provide federal legal protection for these actions, allowing them, in the case of Iran, to place their moral sensibilities ahead of their fiduciary responsibilities. As such, this is not a sanctions bill per se--it creates no new sanctions on Iran or on companies that invest in Iran. The reasons that states and localities divest may vary--whether in response to Iran's pursuit of nuclear weapons, its support for terrorism, its abysmal disregard for human rights, or its fraudulent elections and their brutal aftermath. The timing of this bill, just a few short months after the elections and the subsequent crackdown--and in the midst of the ongoing crisis of regime legitimacy--certainly makes it an appropriate response to those ugly events. I strongly support this legislation, and I urge all my colleagues to do likewise.

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HONORING DR. NORMAN E. BORLAUG2009-09-30

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 739) honoring the life and achievements of Dr. Norman E. Borlaug for his many contributions to alleviating world hunger.

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 the bill under consideration.

Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN. Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, on September 12, 2009, the world mourned the passing of a great humanitarian. Dr. Norman Borlaug, a world renowned plant scientist, dedicated his life to ending global hunger and improving the world's food supply. Known as the Father of the Green Revolution, Doctor Borlaug saved more than a billion lives through his pioneering research and scientific innovation. In fact, he has been credited with saving more lives than any other person in history. During his 20 years working in the poorest areas of rural Mexico, he developed a strain of ``miracle wheat'' that drastically increased crop yields and moved the country to food self-sufficiency. In recognition of his tireless efforts, Dr. Borlaug has received more than 150 international honors. In 1970 he was awarded the Nobel Peace Prize and in 1977 the Presidential Medal of Freedom. Two years ago he was presented with the Congressional Gold Medal, America's highest civilian honor. In his Nobel acceptance lecture, Dr. Borlaug stated, ``The first essential component of social justice is adequate food for all mankind.'' Regrettably, we remain far from achieving this ideal. While, in theory, farmers produce enough food to feed every person on the planet, more people are hungry today than ever before. According to new estimates by the United Nations, over a billion people will go hungry every day in 2009, almost one-sixth of humanity. We should take this opportunity not only to honor the extraordinary contributions of a true American hero, but to recommit ourselves to the goal of eradicating hunger. I want to recognize and congratulate the sponsor of this resolution, my good friend from Iowa, Mr. Boswell, for introducing the resolution honoring Dr. Borlaug. I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I am very pleased to yield 4 minutes to the sponsor of the resolution, the gentleman from Iowa (Mr. Boswell). (Mr. BOSWELL asked and was given permission to revise and extend his remarks.)

Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to the gentleman from Iowa (Mr. Braley).

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ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 20092009-09-30

Mr. BERMAN

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 the bill under consideration.

Mr. BERMAN. Mr. Speaker, I am very pleased to yield 4 minutes to one of the key partners in working through this legislation, the chairman of the Middle East and South Asia Subcommittee, vice chair of the committee, the gentleman from New York (Mr. Ackerman).

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (S. 1707) to authorize appropriations for fiscal years 2010 through 2014 to promote an enhanced strategic partnership with Pakistan and its people, and for other purposes.

Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to a member of the committee, the chair of the Congressional Pakistan Caucus, and the colleague whom I had the privilege of traveling to Pakistan with earlier this year, Ms. Sheila Jackson-Lee of Texas. (Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)

Mr. BERMAN. Mr. Speaker, I'm very pleased to yield 2 minutes to the gentleman from Maryland, the author of important legislation that was part of the House bill and unfortunately is not part of the final compromise, the gentleman from Maryland (Mr. Van Hollen).

Mr. BERMAN. Mr. Speaker, I yield myself 3 minutes. I rise in strong support of the bill. 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 interests to operate with impunity in the tribal regions or any other part of Pakistan, 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 democratic government, and work to make Pakistan a source of stability in a volatile region. I'm pleased to bring to the floor S. 1707, the Enhanced Partnership With Pakistan Act of 2009, a bicameral, bipartisan compromise between H.R. 1886 and the original Senate version of this legislation. As in the House bill we passed in June, S. 1707 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 to Pakistan's public education system with an emphasis on access for women and girls. S. 1707 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. Finally, the compromise text requires that beginning in fiscal year 2011, military assistance may only be provided to Pakistan if the President determines that the Government of Pakistan is continuing to cooperate with the United States in preventing a proliferation of weapons of mass destruction and has both demonstrated a sustained commitment to combating terrorist groups and has made significant efforts towards that end. Mr. Speaker, I would like to quote from the letter from Secretary of Defense Gates and Admiral Mullen in reference to this legislation. This is a letter sent last Friday: ``This bill would support U.S. national security interests in Afghanistan and Pakistan. The Department of Defense strongly supports moving this bill to final passage by the House and Senate as expeditiously as possible.'' Or as Secretary Clinton said just yesterday, this bill ``will be an essential tool in support of our national security interests.'' I want to congratulate Senators Kerry and Lugar, the sponsors of this bill, for their hard work and determination in passing it. And I thank them for the open and cooperative spirit that they and their staff showed in crafting this bicameral, bipartisan compromise. I also want to thank my good friend from Illinois (Mr. Kirk) and my good friend from my home State of California (Mr. Royce) for their support in crafting this legislation and supporting the compromise. I particularly want to thank the ranking member of the committee, Ms. Ros-Lehtinen, for her contributions and her help in reaching this point in passing this legislation. Following is an explanation of the S. 1707, the Enhanced Partnership with Pakistan Act of 2009. The text reflects an agreement reached by the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on the text of S. 962, based on the text contained in the bill as passed by the Senate, and the text of H.R. 1886, as contained in titles I to III of Division B of H.R. 2410 and passed by the House of Representatives. Summary S. 1707, the Enhanced Partnership with Pakistan Act of 2009, establishes a legislative foundation for a sustained partnership between the United States and Pakistan, based on a shared commitment to strengthening democracy and the rule of law, improving the living conditions of the people of Pakistan through sustainable economic development, and combating terrorism and violent extremism. S. 962 seeks to transform the relationship between the United States and Pakistan into a deeper, broader, long-term strategic engagement. The legislation aims to properly balance the relationship between United States and Pakistan by acknowledging and supporting the national security interests of the United States as well as Pakistan's economic and geopolitical interests. United States assistance for Pakistan enhances our mutual security while helping to build economic and political stability in a country that is both regionally and strategically important. Economic assistance is as critical an element to stabilizing Pakistan as strengthening the capacity of the Pakistan military to counter terrorism, especially for projects that provide direct and concrete benefit to Pakistani citizens as a whole. The overall level of economic assistance authorized would be raised substantially by this legislation, with the bulk of this aid intended for projects such as schools, roads, medical clinics, and infrastructure development. Section-by-Section Analysis Sec. 1. Short Title; Table of Contents The Amendment maintains the title of S. 962 as the Enhanced Partnership with Pakistan Act of 2009 and contains an amended table of contents. Sec. 2. Definitions Section 2 contains definitions for the Act, drawing from provisions in both S. 962 and Division B of H.R. 2410. Sec. 3. Findings Section 3 combines findings from both S. 962 and Division B of H.R. 2410. Sec. 4. Statement of Principles Section 4 maintains the structure of Division B of H.R. 2410's Section 4, Declaration of Principles, and draws upon S. 962's Statement of Policy. The Section is intended to describe the principles for which the U.S.-Pakistan relationship is governed. It includes the expectations of Congress with regard to the bilateral relationship. Title I--Democratic, Economic, and Development Assistance for Pakistan Sec. 101. Purposes of Assistance Subsection (a) provides for the purposes of assistance until title I. The central purpose of assistance under title I is to demonstrate unequivocally the long-term commitment of the United States to the people of Pakistan. The specific purposes in section 101 draw from both S. 962 and Division B of H.R. 2410: (1) to support the consolidation of democratic institutions; (2) to support the expansion of rule of law, build the capacity of government institutions, and promote respect for internationally-recognized human rights, including building 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; (3) to promote economic freedoms and sustainable economic development in order to improve the living conditions of the people of Pakistan, especially in areas of direct interest and importance to their daily lives and to strengthen regional ties by offering assistance for issues of mutual and social concern; (4) to support investments in people, including increasing literacy, expanding opportunities for vocational training as well as broad-based general baccalaureate education, helping achieve an appropriate national curriculum for schools across Pakistan, increasing access to basic health care, including services for women to address Pakistan's high maternal mortality rates, providing assistance to those displaced in ongoing counterinsurgency operations; and (5) to strengthen public diplomacy, including expanding people-to-people engagement between the United States and Pakistan through increased educational, technical, and cultural exchanges and other methods. Subsection (b) includes further detail regarding programs which Congress believes should be implemented to satisfy the purposes described in subsection (a). In the area of fortifying democratic institutions, programs should include support for the establishment of constituency offices and support for efforts by the Government of Pakistan to promote local experimentation with methods of transition from the Frontier Crimes Regulation, considered outdated by most Pakistanis, to other governing codes. In the area of enhancement and strengthening of the judicial system and law enforcement, programs should include support for a more responsive and sufficiently staffed bench and professional training of judges, public defenders, and prosecutors; support for strengthening the role of civilian law enforcement agencies, such as the Intelligence Bureau in the Ministry of Interior, with enhanced coordination with judicial processes, enhanced forensics capability, data collection and analysis, financial intelligence functions, and maintenance of data systems to track terrorist or criminal activity; support for the development of an elite rapid reaction police force; and support for the improving counterterrorism and counterinsurgency coordination between local government officials, the police, paramilitary, and military leaders. In the area of support to increase local capacity, programs should include support to governmental institutions at all levels through providing technical assistance to all ministries to improve transparency and the ability to respond to the needs of the people of Pakistan; support for the promotion of fiscal and personnel management, including revenue tracking and expenditure systems; support for 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 support for promoting local ownership and participation, including encouraging communities to contribute a percentage of the value of United States projects and activities carried out under this title in the form of labor, in-kind materials, or other provisions. In the area of supporting economic freedom and economic development and supporting investments in people, the Department of State should work with the Department of Labor to provide educational remediation to victims of the worst forms of child labor. In addition, programs on microfinance and microenterprise activities should include programs to improve the lives of women aimed at addressing the root causes of exploitative child labor and to enable their children to attend school. In the area of public education more generally, programs should include support for schools that incorporate basic subjects, such as math, science, literature, and history; important additional training in human rights awareness, and where appropriate basic agricultural education and training as well as support for civic education programs focused on political participation, democratic governance and institutions, and tolerance of diverse ethnic and religious groups; where appropriate funding to the Government of Pakistan to use to improve teacher salaries and to recruit and train teachers and administrators, as well as develop formalized salary scales with merit-based increases; construction and maintenance of libraries and public schools, including water and sanitation, perimeter walls where necessary, and consideration for recreation areas; provision of textbooks and other learning materials as well as food assistance for student meals where warranted; and provision of software to educational institutions and students at the lowest possible cost, specifically targeting universities that specialize in information technology, liberal arts, and women's colleges and women's secondary schools. It is intended that programs continue to enable and expand institutions of higher education in partnership with the Pakistan government and other private-public partnerships, specifically for non-sectarian, co-educational institutions such as Forman College in Lahore. It is further intended that an assessment of American Universities abroad be made to determine the value and opportunity for such an institution in Pakistan at this time. In the areas of support for human rights, programs should include support for 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; and technical, legal, and law enforcement assistance for the investigation of past disappearances of individuals in Pakistan and the development of national database of such individuals. In the area of support for healthcare efforts, programs should include support for the repairing and building of healthcare infrastructure, including purchase of equipment and training of health professionals, to ensure adequate access to healthcare for Pakistan's population, especially among poor, marginalized, and disadvantaged segments; and 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. Subsection (c) provides that no less than $150,000,000 should be made available for police professionalization, equipping, and training for fiscal year 2010; authorizes up to $10,000,000 for each fiscal year for administrative expenses of civilian department and agencies in the U.S. Government in connection with title I assistance; encourages the President to use Pakistani organizations, including the use of host country contracts, to work with local leaders to provide assistance associated with this section; requires direct expenditures be paramount in providing assistance; provides that a Chief of Mission Fund of up to $5,000,000 for each fiscal year may be made available to address the urgent needs or opportunities on the ground, as determined by the Secretary of State; and expresses the Sense of Congress that 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 population, that the Administrator of the United States Agency for International Development should support the development objectives, and that the United States should have a coordinated strategic communications strategy. Subsection (d) mandates the President to notify Congress no later than 15 days before obligating any assistance under title I to budget support. Section 102. Authorization of Appropriations Subsection (a) authorizes $1,500,000,000 of assistance to Pakistan for fiscal years 2010 through 2014. Subsection (b) restricts the availability of such funds to the submission of the Pakistan Assistance Strategy Report no later than 60 days after the enactment of this Act to Congress. It further restricts that no more than $750,000,000 of the amounts appropriated pursuant to the authorization in subsection (a) may be available each year thereafter until the President's Special Representative to Afghanistan and Pakistan certifies that there is reasonable progress achieved in the principal objectives of the United States assistance, as outlined in the Pakistan Assistance Strategy Report. Subsection (c) allows the Secretary of State to waive the limitations of subsection (b) if the Secretary determines and certifies that it is in the national security interests of the United States to do so. Subsection (d) expresses the Sense of Congress that there should be authorized to be appropriated up to $1,500,000,000 for each fiscal years 2015 through 2019 for the purpose of providing assistance to Pakistan, contingent upon an improving political and economic climate in Pakistan. It should also be noted that bilateral assistance is not the only mechanism for supporting Pakistan's economic and political situation. 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 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. The President should also, in conjunction with other governments and international financial institutions (including the International Monetary Fund), support the implementation of a plan by 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. Finally, the President should 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. Section 103. Auditing Subsection (a) explains that the Inspectors General of the Department of State, the United States Agency for International Development, and other federal departments other than the Department of Defense, shall audit, investigate, and oversee the obligation and expenditure of such amounts in this title. It is appropriate and essential that the significant increase in assistance be matched with sufficient oversight and accountability. The Inspectors General of the respective agencies are expected to achieve a higher level of coordination and cooperation in their oversight. Congress expects the Secretary of State in consultation with other U.S. government agencies to ensure oversight efforts and support for those efforts are no less robust than those for the Special Inspectors General created for Iraq and Afghanistan. Subsection (b) authorizes the aforementioned Inspectors General to establish in-country presence through field offices in Pakistan, as necessary. Subsection (c) authorizes up to $30,000,000 for each fiscal year to be made available for auditing, in addition to amounts otherwise available for such purposes. Title II--Security Assistance Title II draws from title II of Division B of H.R. 2410 and sections 5 and 6 of S. 962. Sec. 201. Purposes of Assistance Section 201 declares the purposes for which U.S. security assistance to Pakistan is to be used. It provides that U.S. security assistance to Pakistan be used (1) to support Pakistan's paramount national security need to fight and win the ongoing counterinsurgency within its borders in accordance with its national security interests; (2) to work with the Government of Pakistan to improve Pakistan's border security and control and help 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 help strengthen the institutions of democratic governance and promote control of military institutions by a democratically elected civilian government. Section 202. Authorization of Military Assistance Subsection (a) authorizes such sums as may be necessary for fiscal years 2010 to 2014 for International Military Education and Training (IMET) programs for Pakistan, including expanded IMET. Subsection (a)(2) provides that a ``substantial amount'' of such funds should be used to pay for courses of study and training in counterinsurgency and civil-military relations. For this purpose, a substantial amount should be considered approximately 30 percent. Subsection (b)(1) authorizes such sums as may be necessary for fiscal years 2010 to 2014 for Foreign Military Financing (FMF). Subsection (b)(2)(A) provides that a significant portion of such amounts shall 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. For purposes of this subsection, such articles, services and education and training may include, but are not limited to, the following: 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. Intelligence, surveillance, and reconnaissance (ISR) ground and air manned and unmanned platforms, including sustainment. Command and control capabilities. Force protection and counter improvised explosive device capabilities, including protection of vehicles. 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 equipment, ballistic eye protection, and cold weather equipment. Appropriate individual and unit level medical services and articles for the Pakistan Army, the Pakistan Frontier Corps, and other appropriate security forces. Assistance to enable the Pakistani military to distribute humanitarian assistance and establish a tactical civil- military operations capability, including a civil affairs directorate. Subsection (b)(2)(B) provides that it is the Sense of Congress that a significant majority of funds made available to carry out this subsection for a fiscal year should be used for the purpose described in subparagraph (A). For this purpose, a significant majority should be considered approximately 70 percent of the amounts made available pursuant to the authorization. Subsection (b)(3) provides that FMF can be provided in fiscal years 2010 and 2011 notwithstanding any other provision of law other than sections 3 and section 102 of the Arms Export Control Act and annual restrictions relating to assistance to a country that has had a duly-elected head of government deposed by a military coup. The purpose of this provision is to allow greater flexibility in the delivery of FMF in FY2010 and 2011 to Pakistan. This authority complements flexibility provided in the Pakistan Counterinsurgency Fund and the Pakistan Counterinsurgency Capability Fund, both of which will allow the United States in fiscal years 2009 and 2010 to provide urgent counterterrorism and counterinsurgency assistance to Pakistan. The Department is encouraged to use the flexibility in FMF to likewise ensure rapid delivery of counterterrorism and counterinsurgency assistance. Subsection (c) provides that the United States should facilitate Pakistan's establishment of a program to provide reconstruction assistance, including through Pakistan's military, as appropriate, in areas damaged by combat operations. Subsection (d) establishes a new exchange program to foster civilian rule of military institutions. This program would have civilian and military officials from NATO governments and from governments determined by the Secretary of State to be going through a transition to democracy to provide insight and experience to their counterparts in Pakistan. Section 203. Limitation on Assistance Subsection (a) provides that beginning in fiscal year 2011, no security-related assistance may be provided to Pakistan in a fiscal year until the Secretary of State, under the direction of the President, makes the certification required under subsection (c) for such fiscal year. Subsection (b) provides that beginning in fiscal year 2012, no Letter of Offer and Acceptance to sell major defense equipment to Pakistan may be issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) and no license to export major defense equipment to Pakistan may be issued pursuant to such Act in a fiscal year until the Secretary of State, under the direction of the President, makes the certification required under subsection (c) for such fiscal year. Subsection (c) provides for a certification by the Secretary of State, under the direction of the President, to the appropriate congressional committees on three separate matters. Paragraph (1) requires a certification 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, such as providing relevant information from or direct access to Pakistani nationals associated with such networks. Subsection (c)(2) requires a certification that the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and is making significant efforts towards combating terrorist groups. In making this certification, the Secretary shall take into account the extent to which the Government of Pakistan has made progress on matters described in subparagraphs (A), (B), and (C). Subsection (c)(3) requires a certification that the security forces of Pakistan are not materially and substantially subverting the political or judicial processes of Pakistan. Subsection (d) provides none of the funds appropriated for security-related assistance for fiscal year 2010 and each fiscal year thereafter, or any amounts appropriated to the Pakistan Counterinsurgency Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111- 32), may be obligated or expended to make payments relating to certain contracts described in paragraphs (A), (B), and (C) of subsection (d)(1), which the Government of Pakistan has committed to pay for using its own national funds. Subsection (d)(2) provides for an exception related to certain construction costs related to such contracts. Subsection (e) provides that the Secretary of State, under the direction of the President, may waive the limitations contained in subsections (a), (b), and (d) for a fiscal year if the Secretary of State determines that is important to the national security interests of the United States to do so, and provides for a notification prior the exercise of the authority under this subsection. Subsection (f) includes definitions for this subsection. Section 204. Pakistan Counterinsurgency Capability Fund This section authorizes the Pakistan Counterinsurgency Capability Fund (PCCF) and applies to any funds in the PCCF. It provides, in part, that funds transferred to the Pakistan Counterinsurgency Fund (PCF), which resides in the Department of Defense, be merged with the funds in the PCCF, except that the funds would still be subject to the limitations in section 203. Section 205. Requirements for civilian control of certain assistance This section provides that any direct cash security-related assistance or non-assistance payments by the United States to the Government of Pakistan may only be provided or made to civilian authorities of a civilian government of Pakistan. It also provides that the Secretary of State, in coordination with the Secretary of Defense, shall ensure that civilian authorities of a civilian government of Pakistan have received a copy of final documentation provided to the United States related to non-assistance payments provided or made to the Government of Pakistan. The purpose of this provision is to support Pakistan's democratic civilian government and to ensure the increased transparency of such assistance or payments by requiring that the civilian authorities have the documentation related to such assistance or payments and that civilian authorities actually receive the funds related to such assistance or payments. It should be noted that subsection (c), which contains a number of exceptions to the application of this section, was added in an abundance of caution to ensure that certain programs were not interpreted to be included as being affected by subsection (a). This subsection should not be construed in any way as defining the meaning or scope of ``security-related assistance'' (a defined term under the Act) or ``non- assistance payments.''. Title III--Strategy, Accountability, Monitoring, and Other Provisions Title III draws from title III of Division B of H.R. 2410 and section 5 and 8 of S. 962. Sec. 301. Strategy Reports S. 962 contained a provision that would require not later than 45 days after the enactment of this Act the Secretary of State to submit to the appropriate congressional committees a report describing United States policy and strategy with respect to assistance to Pakistan. Division B of H.R. 2410 contained no such requirement. Reflecting the approach in S. 962, section 301(a) requires that not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a report describing United States policy and strategy with respect to assistance to Pakistan. The report shall include, among other items, a description of principal objectives of United States assistance to Pakistan to be provided under title I of this Act; a general description of the specific programs, projects, and activities designed to achieve the purposes of section 101 and the respective funding levels for such programs, projects, and activities for fiscal years 2010 through 2014; and a plan for program monitoring, operations research, and impact evaluation research for assistance authorized under title I of this Act. The purpose of this report is to ensure proper oversight and accountability over economic assistance to Pakistan. H.R. 2410 contained a provision (section 302) that would require the President to 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. S. 962 contained no such provision. That requirement has been included in the reporting requirement of subsection (a). The monitoring requirement in the Pakistan Assistance Strategy Report is intended to encourage the President to establish a monitoring program. 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. Subsection (a)(7) requires an analysis for the suitable replacement for existing Pakistani helicopters, including recommendations for sustainment and training. The purpose of this reporting requirement is to identify and formulate plans to replace the AH-1F and AH-1S Cobra attack helicopters currently used by the Government of Pakistan for counterinsurgency operations. Subsection (b) requires the President to develop a comprehensive interagency regional strategy to eliminate terrorist threats and close safe havens in Pakistan and submit a report on the strategy to Congress. The report is premised on the belief that coordination among India, Pakistan, and Afghanistan, along with countries neighboring or closely aligned with the region such as Iran and Saudi Arabia, where appropriate, will be necessary if the United States is to create a viable strategy for sustainable peace and security in this critical region. Subsection (c) requires the President to submit to Congress a report on the strategy not later than 180 days after the enactment of the Act. Subparagraph (3)(B) provides that the report shall include specification of goals and proposed timelines and budgets for implementation of the strategy. Subsection (c) mandates that not later than 180 days after the date of the enactment of the Act, the Secretary of State shall submit a plan for the proposed use of amounts authorized for security-related assistance for each of the fiscal years 2010 through 2014, as well as how funds in the PCCF fit into such a plan. The purpose of this requirement is to encourage long-term planning regarding security assistance to Pakistan and to facilitate Congressional oversight over such assistance. Section 302. Monitoring Reports Subsection (a) provides that not later than 180 days after the submission of the Pakistan Assistance Strategy Report and every 180 days thereafter, the Secretary of State shall submit a report that describes the assistance provided under title I of the Act, along with related assessments of the extent to which the Government of Pakistan exercises effective civilian control of the military; whether assistance provided to Pakistan has directly or indirectly aided the expansion of Pakistan's nuclear weapons program; and the counterterrorism efforts undertaken by the Government of Pakistan. Subsection (b) provides that the Comptroller General of the United States shall submit reports that contain a review of, and comments addressing, the Pakistan Assistance Strategy Report; recommendations relating to any additional actions the Comptroller General believes could help improve the efficiency and effectiveness of United States efforts to meet the objectives of the Act; a detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 23 of the Arms Export Control Act; and an assessment of the impact of the assistance on the security and stability of Pakistan. Subsection (b) further requires the Comptroller General to conduct an independent analysis of the certification described in section 203(c) and submit a report containing the results of the independent analysis to Congress. Subsection (c) provides that the Secretary of State may submit the reports required by this section in conjunction with other reports relating to Pakistan required under other provisions of law. The intent of this provision is to streamline the numerous reporting requirements of this Act and other Acts, including sections 1116 and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 111-32). Reports under these and other provisions of law may be combined and submitted together as long as all elements of each report are included, and the timelines for each provision of law requiring such a report are respected. I urge all my colleagues to support this bill, and I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I'm pleased to yield 2 minutes to the gentleman from Washington, a former member of the Foreign Affairs Committee, Mr. Smith. (Mr. SMITH of Washington asked and was given permission to revise and extend his remarks.)

Mr. BERMAN. Mr. Speaker, I'm pleased to yield an additional 1 minute to the gentlelady.

Mr. BERMAN. Mr. Speaker, I am very pleased to yield 2 minutes to the gentlewoman from California (Ms. Harman), who is very much the moving party in the language that insists on Pakistani cooperation and on dismantling nonproliferation networks in the final version of this legislation.

Mr. BERMAN. Mr. Speaker, I yield myself the remaining time. First, I would like to just pick up on the theme the gentleman from Washington just stated. This truly is a bill that is in the interests of the American people and the Pakistani people. That's why we're talking about authorizing these kinds of funds. I can assure you, in the context of a failed state, in the context of a victory by the insurgency in Pakistan, the sum total of this bill is peanuts compared to the costs to America and to the rest of the world in terms of international instability and conflict and war. We've come a long way on this legislation. I think we've built a broad base of support on a bipartisan basis and with both Houses. I particularly want to thank some key people on my staff who have worked on this legislation: Jasmeet Ahuja and Daniel Silverberg, as well as the other staff members, David Abramowitz and others who have worked so hard, and on the minority side, Yleem Poblete. And to Jamie McCormick and the others, thank you for all your cooperation and help to get to this point. I yield back the balance of my time.

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CALLING FOR RELEASE OF LIU XIAOBO2009-09-30

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 151) expressing the sense of Congress that China release democratic activist Liu Xiaobo from imprisonment, as amended.

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 the resolution under consideration.

Mr. BERMAN. Mr. Speaker, I rise in strong support of this resolution and yield myself such time as I may consume. This resolution expresses the sense of Congress that China should immediately release democratic activist Liu Xiaobo from prison. I would like to thank my friend Mr. Minnick of Idaho for sponsoring this important resolution that allows Congress to stand in solidarity with Mr. Liu and to express support for the democratic ideals he is fighting for. Last December, Chinese police hauled away Mr. Liu, a writer, former university professor, and a veteran of the 1989 Tiananmen protests just hours after the circulation of an online petition he helped organize. Called Charter 08, this petition calls for greater development of human rights and reform of the Chinese political system. Charter 08 has more than 300 original signers, representing a broad cross-section of Chinese society, including not only dissidents and public intellectuals, but also workers, farmers, entrepreneurs, professionals, local officials, and others. The petition was circulated widely online and accumulated more than 8,000 signatures throughout China before the Chinese Government shut down the Web site. Charter 08 was conceived and written in conscious admiration of Charter 77, a document issued in 1977 by dissidents in Czechoslovakia. The Chinese document calls for an end to some features of China's current political system, including replacing one-party rule with a system based on human rights and democracy. The courageous Chinese citizens who have signed the charter are bravely declaring that the status quo in China is unacceptable and unsustainable. Instead of thoughtfully addressing the ideas raised by the petition and responding to the dissidents, the Chinese Government has sought to silence their voices by harassing, intimidating, and arresting them. Chinese authorities violated Chinese law in the handling of Mr. Liu's case, holding him incommunicado beyond the legal time limit at an undisclosed location and denying him access to his family or lawyers. In June, Mr. Liu was charged with subversion. He could face up to 15 years in jail. The Chinese Government seems unaware of the irony of its actions, since its efforts to quash Charter 08 only underscore China's failure to uphold the very principles that the charter advances. I strongly support this resolution and encourage my colleagues to do the same. I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, having no further requests for time, I yield back the balance of my time.

Mr. BERMAN. I'm pleased to yield 4 minutes to the sponsor of this very important resolution, the gentleman from Idaho (Mr. Minnick).

Mr. BERMAN. Mr. Speaker, on that I demand the yeas and nays.

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RECOGNIZING 50TH ANNIVERSARY OF ANTARCTIC TREATY2009-09-30

Mr. BERMAN

Mr. BERMAN. I yield back the balance of my time

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 the resolution under consideration.

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