Member of Congress

Howard Berman

Role
Former Representative
State
CA
Party
Democrat

Speeches

ENHANCED PARTNERSHIP WITH PAKISTAN ACT OF 20092009-09-30

Mr. BERMAN

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 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 am pleased to yield 2 minutes to the gentleman from Virginia (Mr. Connolly).

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RECOGNIZING 50TH ANNIVERSARY OF ANTARCTIC TREATY2009-09-30

Mr. BERMAN

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

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A TRIBUTE TO JAY ROTH2009-09-17

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I am honored to pay tribute to my very good friend, Jay Roth, National Executive Director of the Directors Guild of America, DGA, on the occasion of his recognition by the Government of France with its prestigious ``Chevalier dans l'Ordre de la Legion d'Honneur.'' I enjoy, with Jay, a relationship much deeper than simply that of a politician with the leader of an important guild. He has been--for many years--my wise advisor on issues relating to the creative community, the arts, and all aspects of intellectual property. I have been privileged to know him since his days as a prominent labor lawyer in Los Angeles. Known for his tenacity and acuity in entertainment and labor law, Jay's experience and knowledge places him in a league of his own. Born and raised in New York City and a graduate of the University of Vermont and Boston University Law School, he practiced labor and entertainment law for 25 years prior to being selected by the DGA's National Board of Directors to guide the Directors Guild of America. As the Managing Partner of Taylor, Roth, Bush & Geffner, he specialized in representing entertainment guilds, labor organizations, and pension, health and welfare funds in entertainment, bankruptcy and transactional matters around the world. He has skillfully represented all three U.S. Guilds--DGA, Screen Actors Guild, SAG, and Writers Guild of America, WGA,--on many international copyright, bankruptcy, residuals and intellectual property rights issues for 20 years. As counsel, he represented many high-profile industries including the Motion Picture Industry and the Directors Guild/Producer Pension and Health Plans. Among his many clients were the United Teachers of Los Angeles, the International Association of Machinists and Aerospace Workers, and the International Alliance of Theatrical Stage Employees. He is widely known for his dedication to the entertainment community, as Treasurer of the Motion Picture & Television Fund and a member of the Academy of Motion Picture Arts and Sciences. He is also a highly regarded advocate of the labor community, who has served as chair of the Labor Law Section of the Los Angeles County Bar Associations and as chair of the American Bar Association Airline-Railway Labor Law Committee. He was recently elected a Fellow of the College of Labor and Employment Lawyers, and he is also recognized as a noted lecturer around the world on matters related to entertainment, labor law, and intellectual property rights of directors, writers and actors. Jay was appropriately recognized for his invaluable contributions to the DGA when he received the Honorary Life Member Award in 2008. Madam Speaker and distinguished colleagues, I ask you to join me in saluting Jay Roth on the occasion of his recognition from the French Government of the French Legion of Honor.

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CELEBRATING THE LIFE OF SYLVIA LEVIN2009-09-16

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I rise today to pay respects to the passing of my friend Sylvia Levin who passed peacefully on Thursday, June 25, 2009 at the age of 91. Let this congressional insert serve as a tribute to her memory and celebration of her meaningful life. Sylvia was born on September 14, 1917, in Brooklyn, NY, and grew up there and in New Jersey. She decided to move to California in the 1940s as a single mother of two. She quickly became accustomed to the southern California lifestyle while working at an aircraft plant, a garment factory, a stall at the original Farmers Market in Los Angeles, and as a beach parking lot attendant in Santa Monica. Known for her warmth and friendliness, Sylvia's indefatigable enthusiasm and tenacity for politics would give new meaning to the grassroots movement. She was known for signing more than 47,000 people to California's voter rolls and she should be remembered for these invaluable contributions she's made to democracy. For her registration efforts, she received a State Senate resolution from the late Senator Herschel Rosenthal. Further, in 2001, she was befittingly nominated and inducted into California's Voter Participation Hall of Fame. In 2007, on her 90th birthday, the Los Angeles City Council awarded Levin a commendatory resolution citing her work ``registering voters for decades, her belief in the Constitution and making the Constitution work.'' Her leadership and dedication to furthering our civic responsibility is an example to all. Sylvia is survived by her son and daughter, Chuck Levin and Susan Levin, and her sisters Dottie Sadowsky and Daisy Neustadt. I ask my colleagues to join me in celebrating the life of Sylvia Levin.

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EXPRESSING SENSE OF THE HOUSE REGARDING SEPTEMBER 11, 20012009-09-09

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to a member of our committee, the distinguished Member from New York, Mr. Engel.

Mr. BERMAN. I am very pleased to yield 3 minutes to the distinguished chairman of the House Armed Services Committee, the gentleman from Missouri (Mr. Skelton).

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 722) expressing the sense of the House of Representatives regarding the terrorist attacks launched against the United States on September 11, 2001.

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous materials on the resolution under consideration.

Mr. BERMAN. I rise in strong support of this resolution, and I yield myself as much time as I may consume. Mr. Speaker, this resolution pays homage to the lives lost on September 11, 2001, and recognizes the anniversary as not only a time of solemn commemoration but also as a demonstration of America's great resolve in combating terrorism. It extends our enduring and deeper condolences to the friends, families and loved ones of the innocent victims, and recognizes the heroism of U.S. service men and women who defend our country today. It honors the Nation's first responders and others whose valiant efforts were a credit to their country on that horrible day, and it honors them as they continue to help keep us safe. It expresses gratitude to the leaders and citizens of other countries who assisted, supported, and stood by the United States in the aftermath of the attack. In America's modern and fragmented society, collective memories are few. But each of us remembers where we were on 9/11 when we heard the news. We remember the days of unity that followed when we acted together to protect this country from those who were determined to bring us to our knees. We remember the efforts that Congress, the executive branch, and the American people have made since then to protect our Nation from a real and ongoing threat. And even though 8 years have passed, we must remember that al Qaeda, while under pressure everywhere, remains a serious threat to the United States. The very al Qaeda leadership responsible for ordering the attacks on September 11 continues to rally those who would do us harm and, along with its Taliban allies, seeks to defeat our troops in Afghanistan. This is a time when we must transcend partisan politics and stand together to recall a moment when terrorists targeted the very symbols of American strength. Our values and our very foundation were under attack, and yet we persevered, and we will carry on the fight against extremists who seek to do us harm. In this battle, the global realities of the 21st century require that we use not only our military but all of the tools available to us: economic, financial, diplomatic, and cultural resources to promote a better alternative to extremism and to protect our national security. Mr. Speaker, none of us will forget what happened 8 years ago. We will always remember the victims of 9/11 and the loved ones who survived them. We will always honor the first responders who lost their lives that day and those in uniform at home and abroad who risk their lives today and every day to defend America. We will continue to promote our founding principles of freedom and equality and ensure that the lives lost in pursuit of our ideals are never forgotten. Mr. Speaker, I reserve the balance of my time.

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TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 20102009-07-23

Mr. BERMAN

Mr. BERMAN. I thank the chairman of the subcommittee, Mr. Olver, for yielding to me to engage in a colloquy about the importance of ensuring the fairness and objectivity of the FAA's curfew application process. I am pleased to be joined by my good friend Mr. Schiff who, like me, has many constituents who are greatly affected by nighttime operations at Burbank airport. Both Burbank Bob Hope Airport and Van Nuys Airport have been actively studying nighttime flight curfews on Stage III aircraft. The Burbank- Glendale-Pasadena Airport Authority has already submitted its completed Part 161 application to the FAA requesting a nighttime curfew. As both Mr. Schiff and I know, the FAA has been all-too-willing to simply disregard the impact that nighttime flight operations have on communities living by these airports. I have constituents whose sleep is routinely disturbed by aircraft taking off or landing at all hours of the night from Burbank and Van Nuys airports. I look forward to working with the gentleman and the authorizing committee in the future to ensure that the FAA gives fair consideration to the concerns of those who must live with airport noise day in and out. I yield, if I may, to the gentleman from California (Mr. Schiff).

Mr. BERMAN. I certainly yield to the chairman.

Mr. BERMAN. Reclaiming my time, I thank the chairman very much.

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CONDEMNING THE ATTACK ON THE AMIA JEWISH COMMUNITY CENTER IN BUENOS AIRES, ARGENTINA2009-07-17

Mr. BERMAN

Mr. BERMAN. I have an amendment at the desk.

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that the Committee on Foreign Affairs be discharged from further consideration of the concurrent resolution (H. Con. Res. 156) condemning the attack on the AMIA Jewish Community Center in Buenos Aires, Argentina, in July 1994, and for other purposes, and ask for its immediate consideration in the House.

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A TRIBUTE TO PETER V. UEBERROTH2009-07-14

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I ask my colleagues to join me today in honoring the lifetime achievements of Peter V. Ueberroth and his contributions to the Olympic movement and sports in the United States. Peter is due special commendation for his timely and effective response to the situation sparked by the American-led boycott of the 1980 Olympic Games in Moscow. That boycott led to 14 Communist countries announcing their intention to boycott the 1984 Olympic Games in Los Angeles, California, and organize a rival event called the Friendship Games. When the Soviet Union announced its boycott of the 1984 Olympic Games just two months before the Games, it threatened to undermine the participation of other countries and create a financial disaster for the Olympic movement. In order to save the Games, Peter Ueberroth personally visited several countries to ensure their participation, including Romania, which became the only Communist country that refused to participate in the Soviet-led boycott. Despite the Soviet-led boycott, through the efforts to build international good will led by Peter Ueberroth and the Los Angeles Olympic Organizing Committee, over 140 nations still participated in the 1984 Olympic Games. Peter continued to promote the 1984 Olympic Games by initiating the Olympic Torch Relay that began in New York City, crossed 33 states and the District of Columbia and ended in Los Angeles, covering more than 9,000 miles and involving over 3,600 runners that focused the attention of the country and the world on the Games. The 1984 Olympic Games were a stunning success, featuring athletes such as Carl Lewis, Mary Lou Retton and Michael Jordan, who led the United States team to a record-setting total of 174 medals, including 83 gold medals. Peter personally secured the revenue to finance the 1984 Olympic Games, raising an unprecedented amount of funds from private sources so that not one cent of municipal funds would be required of the taxpayers of Los Angeles. The 1984 Olympic Games actually concluded with an unprecedented $215 million surplus. As a result of his efforts in saving the 1984 Olympic Games and restoring the United States as the leader in international sports, Time Magazine named Peter Ueberroth as the 1984 ``Man of the Year,'' noting that he was the ``hero of the Olympics'' and the ``man who brought honor to America.'' Since leading the 1984 Olympic Games, Peter Ueberroth has continued to make contributions to the United States and the world of sports, serving as Commissioner of Major League Baseball, where he led efforts to institute an effective anti-drug campaign. Following the 2004 reorganization of the United States Olympic Committee, Peter Ueberroth was selected to serve as Chairman of the United States Olympic Committee, revitalizing the United States Olympic Committee and leading the United States to a first-place finish in the 2008 Beijing Olympics. 2009 marks the 25th anniversary of the Los Angeles Olympic Games held under Peter Ueberroth's leadership and in that spirit, I ask now that my colleagues join me in recognizing, honoring and celebrating the achievements, service and contributions of Peter Ueberroth to the Olympic movement, sports, and the United States of America

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DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 20102009-07-09

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I just want everybody to understand the party proposing this motion to recommit is the same party that held the White House for 8 years where our policies and relationships towards the entire Latin American region so degraded our reputation and our effectiveness that they should be embarrassed to make suggestions. Secondly, I am a great fan of the National Endowment for Democracy. I tell you they don't want this amendment to pass. Thirdly, the real agenda here, this is an organization that has refused to bring back a member that does not meet the democratic criteria of that organization in great part because of the excellent work of our administration here at the most recent OAS meeting. And, fourthly, the real agenda here is because some people here don't care that people they like better in a country called Honduras--and I understand why they like them better and in some ways they may be better--are willing to resort to a military coup and a totally antidemocratic approach to changing leadership but don't want to bring that into the debate because they're embarrassed to be associated with a military coup in Honduras. That's the goal of these people. I urge a ``no'' vote on this amendment.

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AMERICAN CLEAN ENERGY AND SECURITY ACT OF 20092009-06-26

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I rise in strong support of H.R. 2454, the American Clean Energy and Security Act of 2009. This groundbreaking legislation will help protect our environment and create an estimated 37 million jobs in the United States over the next 20 years by significantly reducing greenhouse gas emissions, implementing a renewable electricity standard, providing incentives for the adoption of energy efficiency measures, and promoting renewable energy technology research and development. H.R. 2454 also provides assistance to developing countries to help them adapt to the effects of climate change, deploy clean energy technologies, and reduce emissions from deforestation. Some of the world's poorest countries--including those that have contributed the least to the problem of climate change--will suffer the most immediate and severe consequences of global warming if we don't take action to reverse it. Many developing countries face the threat of flooding, the loss of arable lands, and the spread of climate-related diseases, such as malaria and cholera. A recent World Bank study estimated that storm surges resulting from rising sea levels could threaten 52 million people and 29,000 square kilometers of agricultural land in developing coastal countries around the world. H.R. 2454 will help people in low-income countries prepare for and adapt to climate change by strengthening local planning capacity and promoting the development and implementation of national adaptation programs. This legislation also provides financial and technical assistance and leverages private sector involvement to mitigate the emissions of greenhouse gases in developing countries. This will help reduce the impact of climate change here in the United States and benefit the American economy by encouraging innovation in green technologies and the creation of high quality jobs. Finally, the bill will help reduce greenhouse gas emissions by helping low-income countries reduce emissions associated with deforestation. Madam Speaker, the programs on international adaptation, clean technology, forestation as well as provisions for international offsets will all require close collaboration between the Environmental Protection Agency, the United States Agency for International Development, and the Department of State. In international negotiations on framework agreements to carry out these programs, I expect the Department to continue to have responsibility to approve the initiation of such negotiations, consistent with current law and regulations. I also expect that USAID, which has significant expertise in dealing with a range of environmental activities overseas, will play a central role in planning and helping administer these critical programs. Madam Speaker, the international provisions in this legislation are crucial for the successful completion of climate change negotiations in Copenhagen later this year. They will demonstrate to the rest of the world that the United States is truly committed to working cooperatively with other nations to tackle the global challenges of climate change. I thank my good friends Chairman Waxman and Chairman Markey for working closely with me to develop and refine the international provisions in this important legislation, and urge all of my colleagues to vote yes.

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PERSONAL EXPLANATION2009-06-25

Mr. BERMAN

Mr. BERMAN. Mr. Chair, during House consideration of H.R. 2647, the National Defense Authorization Act I, along with several other Members of Congress, was unavoidably detained in a meeting on immigration policy at the White House with President Obama. Had I been present, I would have voted against the McGovern/Jones/Pingree Amendment, for the McGovern/Sestak/Bishop (GA)/Lewis (GA) Amendment, against the Franks/ Cantor/Sessions/Broun/Roskam Amendment, against the Akin/Forbes Amendment, for the Holt Amendment, and for the Connolly Amendment.

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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 20102009-06-25

Mr. BERMAN

Mr. BERMAN. I thank my friend for yielding. I have tremendous respect for my friend and colleague from Massachusetts. I know he always has the best interests of the Nation and our armed services at heart. But I must oppose the amendment. As much as all of us would like to have our brave men and women home again reunited with their loved ones, we don't have a choice but to keep the troops on the ground in Afghanistan for some period of time. The only way we can succeed in Afghanistan is to create an environment conducive to development and good governance. Our U.S. military is an essential component of that. Requiring President Obama to develop an ``exit strategy''--only a few months after he increased the number of U.S. troops in Afghanistan and launched a new strategy--would raise questions about our commitment to the Afghan people and complicate our efforts to help them create a stable and secure nation in a way that would supersede whatever benefits we could get from the passage of this amendment. I would ask my colleagues to give the President's plan a chance to work.

Mr. BERMAN. Mr. Chair, I rise in opposition to the Turner amendment to H.R. 2647. While I appreciate the fact that the gentleman incorporated a number of changes suggested by the Chairman of the Armed Services Committee-- which clearly improved the text--and that this debate is about what kind of a strategic force reduction agreement to have, rather than whether to have one at all, I remain concerned about the timing of this amendment. It is offered as President Obama is preparing to embark on an important visit to Moscow, where he and Russian President Medvedev will hold a summit to discuss a range of critical issues, including the negotiation of a new agreement on U.S. and Russian strategic nuclear forces. Limiting the scope of a future treaty on the eve of these sensitive discussions would make it much more difficult for the President to negotiate an agreement that adequately protects U.S. national security interests. Indeed, imposing these limits would only give Russian negotiators additional leverage over the United States as these negotiations begin. Aside from the fact that this amendment undermines the U.S. negotiating posture, the Executive Branch would almost surely declare that this provision infringes on the President's constitutional authority. So we are providing the Russians with leverage on a provision that the President is likely to treat as advisory. I simply don't think this is the right approach. In a more general sense, the amendment would also undermine the President's efforts to improve relations with Russia, and particularly to increase cooperation with Moscow on preventing Iran from developing a nuclear weapons capability. Mr. Chair, for all of these reasons, I urge my colleagues to oppose the Turner amendment.

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EXPRESSING SUPPORT FOR IRANIANS WHO EMBRACE DEMOCRACY2009-06-19

Mr. BERMAN

Mr. BERMAN. I am very pleased to yield 1 minute to the gentlelady from New York (Mrs. Maloney).

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