Dr Aafia Siddiqui’s husband breaks his silence after six years

Wednesday, February 18, 2009
Claims most reports in the local media are false, suspects his two ‘missing’ children are in Karachi

KARACHI: After six years of silence, Dr Muhammad Amjad Khan, ex-husband of Dr Aafia Siddiqui, has finally spoken up and says that most of the press reports that relate to his former wife as well as his children are false. In an exclusive talk with The News, he said that most claims are being propagated to garner public support and sympathy for Dr Aafia but are one-sided and in most instances untrue.
Dr Aafia Siddiqui, suspected of having links to terrorist organizations, has been charged in a criminal complaint filed in a court of New York on account of attempting to kill US personnel during interrogation and on a charge of assaulting US officers and employees in Kabul, Afghanistan, on July 17, 2008. Subsequently Dr Aafia was imprisoned in Bagram for 18 days before being taken to the US for a trial.
Due to pressure from Aafia Siddiqui’s family, the Pakistan government has been trying to secure her release from the US claiming her to be innocent. Although the US government has guaranteed Aafia the best legal assistance and a fair trial, her family is adamant that she be sent back on grounds that the US authorities have been consistently torturing her for years.

“Aafia’s release cannot be secured by propagating stories based on falsehood and deception,” commented Dr Amjad Khan, in an interview with The News. Dr Amjad, who was married to Dr Aafia for seven years until their divorce in October 2002, said Aafia’s family and supporters should not believe that truth will not be revealed and mere lies will help in securing Aafia’s repatriation.

He added that he is disappointed with the government’s disregard for the law when officials handed over his eldest son, Ahmad, to his aunt Dr Fowzia Siddiqui on his return from Afghanistan last year instead of his legal guardian, his father. “The government made no effort to locate me despite the fact that I am Ahmad’s real and legal guardian. My address in Karachi has not changed for the past 30 years. Ever since I returned from the US after our divorce, I have been living with my family,” he said adding: “Both the Minister for Interior Rehman Malik and Dr Fowzia have been taking credit for obtaining Ahmad’s release even though there was not a stone I left unturned to locate my missing children and obtain their custody according to law.”
Providing documentary proof of the legal agreement between him and Dr Aafia following their divorce, Dr Amjad said that he had been financially supporting his three children Ahmed, Marium and Suleiman until the family stopped accepting the cheques he had been mailing. “After the agreement they accepted my cheques till March 2003. After that my cheques were being returned from Aafia’s home and that got me worried. Soon after I learnt that in April 2003, Aafia and our children had been ‘picked up’ by agencies.” Meanwhile, he received disturbing reports from the family that Aafia chose to leave Karachi with her children as she feared an attack from him.
Curious to locate the whereabouts of his children, Dr Amjad sought the help of the police and government officials to find them. “I was aware of Aafia’s violent personality and extremist views and suspected her involvement in Jihadi activities. My fear later proved to be true when during Uzair Paracha’s trial in the US in 2004, the real purpose of Aafia’s trip to the US (between December 23, 2002 and January 3, 2003) was revealed.”
Elaborating, Dr Amjad disclosed that he later learnt from media reports that Aafia’s family claimed she made this trip to the US for job interviews in December at a time when universities were closed for winter holidays. “I also found it very odd that on the one hand Aafia insisted on leaving the US after September 11, 2001, claiming the country was unsafe for us and our children because the US government was abducting Muslim children, and on the other hand took the risk of travelling to that country again without fearing that she may be captured and may never see our children again.”
While Dr Aafia was in the US, the authorities had been closely watching her, added Amjad. They soon issued the first global “wanted for questioning” alert for the couple in March 2003. “At that time, the agencies did not know we were divorced and I was also unaware of Aafia’s involvement with two other terror suspects, Majid Khan and Ammar Al-Baluchi. They wanted me to persuade Aafia to appear for the interview with them and clear the charges leveled against her just as I had done. That is when she went underground and it later became apparent why she chose to ‘disappear’,” disclosed Dr Amjad.

Sharing details of his unsuccessful marriage with Dr Aafia, Dr Amjad told The News that since their marriage was arranged, he was unaware of Aafia’s violent behaviour. “She got hysterical fits when she became angry and would physically attack me, but I put up with it for the sake of our children.”

Although Amjad and Aafia both were inclined towards religion, he found her opinion towards Jihad to be of an extreme nature that sometimes made him uncomfortable. He became particularly suspicious of his wife’s intentions when soon after the 9/11 attacks, she compelled Amjad to leave Boston (where Amjad was completing his residency) and move to Afghanistan where she claimed “he would be more useful”.

The couple, however, chose to come to Pakistan instead for a vacation and discuss the matter with Amjad’s family. It was here that his parents noticed Aafia’s violent behaviour towards their son on several occasions, particularly when she openly asked for khula (divorce) when Amjad declined to go to Afghanistan. Therefore Amjad decided to file for a divorce as Aafia was adamant she wanted to go. “I tried my best to save our marriage, but divorce was inevitable,” he recalls.
However, after mutual consent, the couple signed a legal agreement whereby the custody of the three minors was given to Aafia, while Amjad was required to pay for their education and maintenance. “Although the agreement says I am permitted to meet my children once a week, I was not allowed to do so,” claimed Amjad sharing a copy of the agreement during the interview.

Based on his past experience, Amjad says he had reason to worry about his children. “I feared Aafia might pursue her political ambitions to the detriment of our children’s welfare so I couldn’t help following her case after her family claimed she had been abducted.” Amjad added that he was tempted to use other means to try and rescue his children in these past five years especially since he had evidence that were missing or kidnapped, he claimed. “But I chose to be patient and pursued the case according to the law.” He also filed a case in court against Aafia to obtain the custody of his children.

“When the Court was unsuccessful, I requested the HRCP to include my children’s names in their missing persons petition in the Supreme Court and also appealed to the Chief Justice for Suo Moto action as this was the only case where three minors were involved.”
However, after Ahmad was released and handed over to Dr Fowzia last year, Dr Amjad requested her to allow him to visit his son, but she refused. “At first she said Ahmed was mentally unfit to talk, and then claimed that he was not my son but an orphan adopted by Aafia and US reports that his DNA matched Aafia’s were also ‘cooked’. I refused to accept any of that as I had identified my son as soon as I saw a report on the electronic media of his arrest in Afghanistan.”
When questioned on what basis was Aafia’s family†denying a meeting with his son, Amjad stated that the family is punishing him for divorcing Aafia. “Aafia’s mother and Dr Fowzia had warned me at the time of our divorce that they would take revenge†by not letting me meet the children,” he said adding “But now they are discouraging a meeting with Ahmad because they fear Ahmad will reveal the truth about Aafia’s activities and whereabouts of his siblings over these years.”
He added that Dr Fowzia had similarly threatened him several years ago by taking a picture of Aafia while she was asleep after she injured her upper lip (by a milk bottle)†in an accident. Dr Fowzia warned Amjad that if he tried to divorce Aafia, she would use the picture against him alleging him to be an abusive husband. “It was made to appear in the picture that Aafia was badly injured. Today, the same picture is being circulated in the media to claim that Aafia was tortured for years in Bagram,” he revealed.†
Furthermore, Amjad listed the several allegations leveled against him over the years to justify his not meeting his children: First they accused him of kidnapping his three children soon after his divorce with Aafia. To deny this accusation, he lodged a complaint against the family with the Sindh Police and requested officials to help him locate his children, but to no avail.
Later, Aafia’s family accused him of being an abusive husband and father preventing the children from meeting their father. “Aafia’s mother has also accused me in the media of changing the children’s names whereas in reality they had resorted to these tactics to conceal the children.”

He alleged that Dr Fowzia also used the Asian Human Rights Commission, an NGO based in Honk Kong, to mislead the government about his two missing children. “The AHRC received the information about my two missing children being in an orphanage in Afghanistan from Dr Fowzia, who was diverting attention away from the place where the children really are.” claimed Amjad.

Earlier, when Aafia’s father died, the family held Amjad responsible for his death too claiming he suffered a stroke after he saw the divorce document. “That is simply not true because I mailed the document two days after Aafia’s father died and that too because I was unaware of the unfortunate incident. Their family never kept me posted on anything in the six-week period between our verbal and written divorce. I was just as shocked at his death.”
Moreover, the family alleged that Aafia was in trouble and had been kidnapped because her former husband (Dr Amjad) handed over her personal diary to the FBI. “After this, false reports about Aafia’s arrest and Pakistani government’s involvement in handing her over to the US despite repeated denials by the Minister of Interior and other officials, started making headlines” claims the doctor, who has now re-married.
It is the whereabouts of his two children ñ Marium now aged 10, and six-year-old Suleiman ñ that worries him now, said Amjad. Like the coordinates of Dr Aafia Siddiqui remained a mystery after she was allegedly ‘picked up’ in March 2003, Dr Amjad believes Aafia’s family may be using the same tactics in the case of his two children, who are reportedly ‘missing’.
“I am sure they are around Karachi and in contact with their maternal family as both Aafia and the children were seen around their house here and in Islamabad on multiple occasions since their alleged disappearance in 2003. They may be living under an assumed identity just like Aafia and Ahmed had been living [as Saliha and Ali Ahsan] for five years before they got arrested,” believes the father. He said Dr Fowzia’s claim that the children are missing after being removed from the Bagram prison in Afghanistan ‘may be an attempt to attract sympathy of the government and the people and distract its attention from the real location.’

Article 248

As per Article 248(2), if the president and governors cannot be brought to justice for criminal conduct while in office, then are there any other legal mechanisms available to hold them accountable if they commit a serious crime while in office? If not, why not? How must one interpret this article if the president, for example, intentionally and unjustifiably kills a person? Should he still be afforded the immunity granted by Article 248? How can the legal system hold him or her accountable in the face of serious crimes? Where should the line be drawn? How should the rights of a victim of a crime be protected if the crime is perpetrated by the president? Are there any conflicts between the language of Article 248(2) and the basic constitutional rights of a victim who wants to hold the perpetrator accountable? It is also interesting to note the article, for some reasons, does not adorn the prime minister’s cap with a feather of such extraordinary protection.

In Pictures: CIA Hosts Drink and Dance Party For Pakistani Journalists at US Embassy Islamabad

Shaukat Paracha, Asma Shirazi, Meher Bukhari, Saima Mohsin are some of the names that were in attendance, in a Drink & Dance party hosted by the US Ambassador to Pakistan, Anne W Patterson.






Politics and Counterterrorism? Gimme a Break!

The upcoming issue of The New York Times Magazine has a piece by Peter Baker on John Brennan and Obama’s counterterrorism strategy. The article draws comparisons between George W. Bush’s “war on terror” and Obama’s strategy for eliminating Al-Qaida. Baker points out that a significant portion of Obama’s counterterrorism team are Bush-era officials (Gates, Mullin, Brennan, and Leiter among others), and in many respects Obama has continued Bush’s policies, including increasing the number of Predator and Reaper drone attacks in Pakistan (more on this later).

For me some of the most interesting aspects of the article concerned the political implications that counterterrorism decision-making carries with it. Matt Yglesias already touched on this subject some in a valuable way. Baker reports that several senior Bush counterterrorism officials were happy with the continuity between the strategies of the two administrations. However they were reluctant to say so on record fearing that it would “make Dick Cheney mad and they’re timid, gutless careerists,” as Yglesias put it. Likewise, the Obama administration likes to claim it has made significant shifts from Bush’s counterterrorism strategy, while in reality it is more or less the same. So sadly, yes, politics extends to even the most important issues of security and terrorism and neither side is innocent.

One other thing the article pointed out relating to the politics of counterterrorism was the issue of holding Khalid Shaikh Mohammed’s trial in New York City. Rahm Emanuel was worried that holding the trail in New York as Attorney General Eric Holder suggested would cause a firestorm of criticism, and squander the president’s political capital. It was nice to read that despite Emanuel’s correct warnings, Obama declined to intervene in Holder’s decision. The administration is certainly suffering a political backlash, only time (and the verdict) will tell whether it was the right decision or not.

Another interesting thing that came to my attention was the problem posed by the sheer volume of information that the National Counterterrorism Center (NCTC) must process everyday. The recent development of homegrown terrorists becoming a threat to our national security makes the process of thwarting 100% of all terrorist attacks more complex for the administration. John Brennan and others in the intelligence community have been defending themselves from the onslaught of criticism directed at them since the failed Christmas-day attack by citing the ever-growing amount of information that must be processed. This sounds like a job for Google to me. Some type of filtration system that can separate serious strategic threats from irrelevant ones is needed. Hopefully investment in some such program or system is forthcoming.

Sadly I think it will be nearly impossible for the US (or any host of countries for that matter) to eliminate terrorists and extremists around the world. The sooner we update our counterterrorism strategy and infrastructure the closer we will come to achieving this goal. President Obama is getting briefed on how to do exactly that this afternoon. I am confident he, Brennan, and the rest of the counterterrorism team are working assiduously to correct the problem, and that they are some of the most well-qualified people to do this. Some of the criticism from outside the administration and infighting within it is misguided, unconstructive, and only plays into the terrorists’ strategy. Let’s use this failed bombing attempt to update our security systems and move forward united, and better prepared to defend ourselves from terrorists.

Underestimating Our Afghan Summer?


Most of you are aware that in what will probably go down as the most important foreign policy decision of his first term, President Obama ordered the doubling of our troop presence in Afghanistan. As one who is generally skeptical of an interventionist foreign policy, I’ll admit that I find the rationale behind this “doubling down” far more compelling than many of our other military misadventures (Iraq?). A couple major arguments for increased involvement in Afghanistan:


1. The guys who attacked us on 9/11, while not born and raised in Afghanistan, relied heavily on the safe haven the Taliban provided for fundraising, training, planning, and organizing.

2. The Taliban is, by any humane standards, a brutally repressive regime; especially so with regards to women. The other day a video leaked out of a young Pakistani woman being publicly whipped for the crime of having a man to her home who was not part of her family. Those who prosecuted her under Sharia law said that she could have been executed and claimed that, if anything, they were being lenient. Here’s a link to the video: Taliban Video Shows Teen Girl Beaten for ‘Adultery’

3. The Taliban is back on the rise in Afghanistan and the Karzai government is widely seen as ineffectual outside of Kabul.

4. The number of troops we have there now is universally seen as insufficient. Our military’s movements in most key areas are limited to the extent that soldiers rarely go far from their bases.

5. The terrorism and extremism in Afghanistan has overflown into large swaths of Pakistan’s tribal region, destabilizing it greatly and ruining the tourism driven economy the SWAT valley used to enjoy. Worst of all, Pakistan’s own military has proven either unwilling or unable to staunch the bleeding. Everyday the Taliban’s influence creeps closer to Islamabad.

6. Pakistan has a nuclear arsenal.

Comparing such imperative threats to the thread of bad intelligence our government used to link 9/11 to Iraq and launch a massive invasion, makes it clear that, for once, we may have a war of necessity on our hands. Maybe war is never justified, but some wars are certainly more justified than others.

Such has been my thinking on the prospect of a renewed campaign in Afghanistan: It’s going to be tough, it’s going to be expensive, and there’s no guarantee of success. But at least we have some solid reasons to be there. At least an honest debate on the merits of more or less involvement seems warranted.

Well, a couple days ago I read an excellent article which contained firsthand account of a firefight in the region as well as some eye-opening specifics on what we can expect from Afghanistan as the fighting ramps up this summer. While it does an excellent job of highlighting the huge strides that could be made if the massive poppy industry (which bankrolls the Taliban) can be shutdown, it is also a sobering reminder of the worst-case scenario: a protracted and bloody, conflict with heavy U.S. and civilian casualties

Burj Khalifa in Dubai

World’s highest substation from ABB powers world’s tallest building.


2010-01-07 - A host of ABB products and solutions are improving energy efficiency and offering electrical stability in the world-famous Burj Khalifa - an iconic building in the UAE that has the power needs of a small town.
At 828 meters high, the world’s tallest building, Burj Khalifa, was officially inaugurated on January 4th, 2010. In addition to being an architectural and structural engineering feat, Burj Khalifa also presented many electrical engineering challenges. Recognizing ABB’s ability to meet these unique challenges, the developer, Emaar Properties, selected ABB to provide custom solutions for delivering energy efficiency and reliable and safe power to apartments and offices on all occupied floors.



Upon receiving the challenge from Emaar Properties and Hyder Consulting, ABB designers and engineers began working on a one-of-a-kind distribution substation solution that would be able to control and distribute power throughout the 5-million square-foot building.

The distribution substation and control equipment that ABB custom-engineered for the building are sitting on the 155th floor. The world's highest substation ensures reliable, safe power to everything from lighting and elevators to the ventilation, heating and air conditioning system.

"ABB's local presence coupled with our high quality products and service that the brand stands for were the key factors in securing this landmark project,” says Elias Rizk, head of the construction unit for ABB in the UAE.

As part of the project, ABB delivered 50 lightweight gas-insulated medium voltage switchgears, which offer a space-saving design that is easy to service. ABB has also supplied 72 Resibloc dry-type transformers, specially designed for the tower with a flexible enclosure to fit in a tight space.

Additionally, ABB supplied 37 TTA low-voltage main distribution boards, other low-voltage panels and a host of low-voltage variable speed drives, which increase energy efficiency by regulating air-handling units, booster pumps, water pumps and air fans in the tower. ABB’s variable speed drives enable motors to run efficiently at optimal speed as and when required, instead of running constantly at fixed speed or stopping and starting as the demand for power varies.

ABB's low voltage main distribution board and transformers power the world’s tallest building Burj Khalifa in Dubai, United Arab EmiratesEmaar Properties needed a solution that was space-saving and compact with state-of the-art products and control, along with strong local service support - and that was exactly what ABB was able to deliver.

Elias Rizk, head of the construction unit for ABB in the UAE commented, “The customer and the consultant were clear that this was a prestigious project for the UAE and therefore they wanted to work with a well-reputed company that was available locally to collaborate with them on a one-of-a-kind electrification solution. They were also keen on making the building as energy-efficient as possible. Our local presence coupled with ABB’s high quality products and service that the brand stands for were the key factors in securing this landmark project

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1,200 US Army men issued

NEW YORK: Pakistan’s embassy in the United States had issued 26 visas to American diplomats, 1,200 to US Army officials and 2,500 to civilians travelling for Afghanistan during last 15 months, the embassy spokesman told Online.


The spokesman said that since last June to September this year, 12-13,000 Pakistani-Americans were issued visas.
To a question regarding security background, the spokesman said that the Foreign Office approved the issuance of diplomatic visas, while defence department issued clearance for visas to persons related to defence department.

These visas were issued on the request of the US State Department, he said. The spokesman further said that these visas were issued for one-month time and they were issued to those persons who actually wanted to visit Afghanistan but had to stay in Pakistan for a short time.

The spokesman said that the Foreign Office of Pakistan used its discretionary power for issuing visas to VIPs who go on short notice to Pakistan and do not have sufficient time to take permission from it (FO).

Fashion


UN food centres closed in northwest Pakistan

ISLAMABAD: The UN's World Food Programme on Wednesday closed distribution centres serving more than two million people in northwest Pakistan over security fears, a spokesman for the agency said.

The move affecting the Swat Valley region comes after a suicide bomber attacked a WFP compound in the capital Islamabad, killing five aid workers this month.

"We have closed all our food distribution centres in Swabi, Charsadda, Mardan, Swat, Buner, Dir and Bajaur which are the humanitarian hubs for internally displaced people in the region," said Amjad Jamal, a spokesman for WFP in Islamabad.

"We are facing problems regarding security, so it was decided last night to close these centres," Jamal told media.
The spokesman said the closures were temporary and that the decision would be reviewed later in the week.

The food centres had been giving out supplies for those displaced this year by fighting between the army and Taliban around the Swat Valley, which forced around two million people to flee.
Although most have since returned home, many remain in need and 2.2 million people received aid in the past month, said Jamal.

Akram's wife still in critical condition

CHENNAI: Former Pakistan cricket captain Wasim Akram's wife is in a critical condition at a hospital in Indian city Chennai where she was rushed after developing an "emergency situation" in an air ambulance during its scheduled refuelling at the Chennai airport.


Huma was admitted to the on advice from doctors on board the Singapore-bound air ambulance, hospital and airport sources said.

Hospital sources said Huma suffered a multiple organ failure and she was put on ventilator support.

Her pulse rate was picking up and vital parameters were better, but her condition continued to be critical, the sources said. She was originally scheduled to receive treatment in Singapore.

Sindh: all universities reopen from tomorrow

KARACHI: Government has decided to reopen all the universities in Sindh from tomorrow.


It has been decided today in a meeting of the vice-chancellors of universities with Governor Sindh Ishrat-ul-Ibad in chair.

It may be recalled that all the countrywide educational institutions had been closed till coming Sunday after the suicide blasts in International Islamic University Islamabad (IIUI) previous day.

However, in a meeting of the vice-chancellors of universities presided by Governor Sindh today, it has been decided to reopen all the universities in Sindh.

Meanwhile, law-enforcement officials also attended the meeting, which aimed to decide a uniform security policy for the educational institutions.

Carry Logar Bill(Page 10)

Certification- The certification required by this subsection is a certification to the appropriate congressional committees by the Secretary of State, after consultation with the Secretary of Defense and the Director of National Intelligence, that the security forces of Pakistan–


(1) are making concerted efforts to prevent al Qaeda and associated terrorist groups, including Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the territory of Pakistan;

(2) are making concerted efforts to prevent the Taliban and associated militant groups from using the territory of Pakistan as a sanctuary from which to launch attacks within Afghanistan; and

(3) are not materially interfering in the political or judicial processes of Pakistan.

Waiver- The Secretary of State may waive the limitations in subsections and if the Secretary determines it is important to the national security interests of the United States to provide such waiver.

Prior Notice of Waiver- A waiver pursuant to subsection may not be exercised until 15 days after the Secretary of State provides to the appropriate congressional committees written notice of the intent to issue such waiver and the reasons therefor. The notice may be submitted in classified or unclassified form, as necessary.

Annual Report- The Secretary of State, after consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees an annual report on the progress of the security forces of Pakistan in satisfying the requirements enumerated in subsection . The Secretary of State shall establish detailed, specific requirements and metrics for evaluating the progress in satisfying these requirements and apply these requirements and metrics consistently in each annual report. This report may be submitted in classified or unclassified form, as necessary.

SEC. 7. SENSE OF CONGRESS ON COALITION SUPPORT FUNDS.

It is the sense of Congress that–

(1) Coalition Support Funds are critical components of the global fight against terrorism, and in Pakistan provide essential support for–

military operations of the Government of Pakistan to destroy the terrorist threat and close the terrorist safe haven, known or suspected, in the FATA, the NWFP, and other regions of Pakistan; and

military operations of the Government of Pakistan to protect United States and allied logistic operations in support of Operation Enduring Freedom in Afghanistan;

(2) despite the broad discretion Congress granted the Secretary of Defense in terms of managing Coalition Support Funds, the Pakistan reimbursement claims process for Coalition Support Funds requires increased oversight and accountability, consistent with the conclusions of the June 2008 report of the United States Government Accountability Office (GAO-08-806);
(3) in order to ensure that this significant United States effort in support of countering terrorism in Pakistan effectively ensures the intended use of Coalition Support Funds, and to avoid redundancy in other security assistance programs, such as Foreign Military Financing and Foreign Military Sales, more specific guidance should be generated, and accountability delineated, for officials associated with oversight of this program within the United States Embassy in Pakistan, the United States Central Command, the Department of Defense, the Department of State, and the Office of Management and Budget; and

(4) the Secretary of Defense should submit to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the use of Coalition Support Funds, which may be submitted in classified or unclassified form as necessary.

SEC. 8. PAKISTAN-AFGHANISTAN BORDER AREAS STRATEGY.

Development of Comprehensive Strategy- The Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and such other government officials as may be appropriate, shall develop a comprehensive, cross-border strategy that includes all elements of national power–diplomatic, military, intelligence, development assistance, humanitarian, law enforcement support, and strategic communications and information technology–for working with the Government of Pakistan, the Government of Afghanistan, NATO, and other like-minded allies to best implement effective counterterrorism and counterinsurgency measurers in and near the Pakistan-Afghanistan border areas.

Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a detailed description of a comprehensive strategy for counterterrorism and counterinsurgency in the Pakistan-Afghanistan border areas containing the elements specified in subsection and proposed timelines and budgets for implementing the strategy.


SEC. 9. SENSE OF CONGRESS.

It is the sense of Congress that the United States should–

(1) recognize the bold political steps the Pakistan electorate has taken during a time of heightened sensitivity and tension in 2007 and 2008 to elect a new civilian government, as well as the continued quest for good governance and the rule of law under the elected government in 2008 and 2009;

(2) seize this strategic opportunity in the interests of Pakistan as well as in the national security interests of the United States to expand its engagement with the Government and people of Pakistan in areas of particular interest and importance to the people of Pakistan;

(3) continue to build a responsible and reciprocal security relationship taking into account the national security interests of the United States as well as regional and national dynamics in Pakistan to further strengthen and enable the position of Pakistan as a major non-NATO ally;

(4) seek ways to strengthen our countries’ mutual understanding and promote greater insight and knowledge of each other’s social, cultural and historical diversity through personnel exchanges and support for the establishment of institutions of higher learning with international accreditation; and

(5) explore means to consult with and utilize the relevant expertise and skills of the Pakistani-American community.

SEC. 10. TERM OF YEARS.

With the exception of subsections (1), (j), , and of section 5, this Act shall remain in force after September 30, 2013.

Passed the Senate June 24, 2009.

Attest:

Secretary.

111th CONGRESS

1st Session

S. 962

AN ACT

Kerry Lugar Bill -‏ read yourself (page 9)

1) NOTICE OF ASSISTANCE FOR BUDGET SUPPORT- The President shall notify the appropriate congressional committees not later than 15 days before obligating any assistance under this section as budgetary support to the Government of Pakistan or any element of such Government and shall describe the purpose and conditions attached to any such budgetary support.



(2) SEMIANNUAL REPORT- Not later than 90 days after the submission of the Pakistan Assistance Strategy Report pursuant to subsection (j), and every 180 days thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that describes the assistance provided under this section. The report shall include–

a description of all assistance provided pursuant to this Act since the submission of the last report, including each program or project for which assistance was provided and the amount of assistance provided for each program or project;

a description of all assistance provided pursuant to this Act, including–

the total amount of assistance provided for each of the purposes described in subsection ; and

(ii) the total amount of assistance allocated to programs or projects in each region in Pakistan;

a list of persons or entities from the United States or other countries that have received funds in excess of $100,000 to conduct projects under this section during the period covered by the report, which may be included in a classified annex, if necessary to avoid a security risk, and a justification for the classification;

an assessment of the effectiveness of assistance provided pursuant to this Act during the period covered by the report in achieving desired objectives and outcomes, measured on the basis of the criteria contained in the Pakistan Assistant Strategy Report pursuant to subsection (j)(4);

a description of–

the programs and projects for which amounts appropriated pursuant to subsection are proposed to be allocated during the 180-day period after the submission of the report;

(ii) the relationship of such programs and projects to the purposes of assistance described in subsection ; and

(iii) the amounts proposed to be allocated to each such program or project;

a description of any shortfall in United States financial, physical, technical, or human resources that hinder the effective use and monitoring of such funds;

a description of any negative impact, including the absorptive capacity of the region for which the resources are intended, of United States bilateral or multilateral assistance and recommendations for modification of funding, if any;

any incidents or reports of waste, fraud, and abuse of expenditures under this section;

the amount of funds appropriated pursuant to subsection that were used during the reporting period for administrative expenses or for audits and program reviews pursuant to the authority under subsection ;

(J) a description of the expenditures made from any Chief of Mission Fund established pursuant to subsection (3) during the period covered by the report, the purposes for which such expenditures were made, and a list of the recipients of any expenditures from the Chief of Mission Fund in excess of $10,000; and

an accounting of assistance provided to Pakistan under this Act, broken down into the categories set forth in subsection (j)( 8 ).

Government Accountability Office Report- Not later than one year after the submission of the Pakistan Assistance Strategy Report under subsection (j), and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that contains–


(1) a review of, and comments addressing, the Pakistan Assistance Strategy Report; and

(2) 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 this Act.

Sense of Congress on Funding of Priorities- It is the sense of Congress that, as a general principle, the Government of Pakistan should allocate a greater portion of its budget to the recurrent costs associated with education, health, and other priorities described in this section.

Consultation Requirement- The President shall consult the appropriate congressional committees on the strategy in subsection (j), including criteria and benchmarks developed under paragraph (4) of such subsection, not later than 15 days before obligating any assistance under this section.

SEC. 6. LIMITATION ON CERTAIN ASSISTANCE.

Limitation on Certain Military Assistance- Beginning in fiscal year 2010, no grant assistance to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763) and no assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) may be provided to Pakistan in a fiscal year until the Secretary of State makes the certification required under subsection .

Limitation on Arms Transfers- Beginning in fiscal year 2012, no letter of offer 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 makes the certification required under subsection .

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Use of Funds- Amounts appropriated or otherwise made available to carry out this section shall be utilized to the maximum extent possible as direct expenditures for projects and programs, subject to existing reporting and notification requirements.


(j) Pakistan Assistance Strategy Report- Not later than 45 days after the date of enactment of this Act, or September 15, 2009, whichever date comes later, the Secretary of State shall submit to the appropriate congressional committees a report describing United States policy and strategy with respect to assistance to Pakistan. The report shall include–

(1) a description of the principal objectives of United States assistance to Pakistan to be provided under this Act;

(2) the amounts of funds authorized to be appropriated under subsection proposed to be allocated to programs or projects designed to achieve each of the purposes of assistance listed in subsection ;

(3) a description of the specific projects and programs for which amounts authorized to be appropriated pursuant to subsection are proposed to be allocated;

(4) a list of criteria and benchmarks to be used to measure the effectiveness of projects described under subsection , including a systematic, qualitative, and where possible, quantitative basis for assessing whether desired outcomes are achieved and a timeline for completion of each project and program;

(5) a description of the role to be played by Pakistani national, regional, and local officials and members of Pakistani civil society and local private sector, civic, religious, and tribal leaders in helping to identify and implement programs and projects for which assistance is to be provided under this Act, and of consultations with such representatives in developing the strategy;

a description of all amounts made available for assistance to Pakistan during fiscal year 2009 prior to submission of the report, including a description of each project or program for which funds were made available and the amounts allocated to each such program or project;

(7) a description of the steps taken, or to be taken, to ensure assistance provided under this Act is not awarded to individuals or entities affiliated with terrorist organizations; and

( 8 ) a projection of the levels of assistance to be provided to Pakistan under this Act, broken down into the following categories as described in the annual ‘Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance’:

Civil liberties.

Political rights.

Voice and accountability.

Government effectiveness.

Rule of law.

Control of corruption.

Immunization rates.

Public expenditure on health.

Girls’ primary education completion rate.

(J) Public expenditure on primary education.

Natural resource management.

Business start-up.

Land rights and access.

Trade policy.

Regulatory quality.

Inflation control.

(Q) Fiscal policy.

Notification Requirements-

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(1) IN GENERAL- Funds appropriated pursuant to subsection shall be used for projects intended to benefit the people of Pakistan, including projects that promote–

just and democratic governance, including–

police reform, equipping, and training;

(ii) independent, efficient, and effective judicial systems;

(iii) political pluralism, equality, and the rule of law;

(iv) respect for human and civil rights and the promotion of an independent media;

(v) transparency and accountability of all branches of government and judicial proceedings;

(vi) anticorruption efforts among bureaucrats, elected officials, and public servants at all levels of military and civilian government administration;

(vii) countering the narcotics trade; and

(viii) the implementation of legal and political reforms in the FATA;

economic freedom, including–

sustainable economic growth, including in rural areas, and the sustainable management of natural resources;

(ii) investments in energy and water, including energy generation and cross-border infrastructure projects with Afghanistan;

(iii) employment generation, including essential basic infrastructure projects such as roads and irrigation projects and other physical infrastructure; and

(iv) worker rights, including the right to form labor unions and legally enforce provisions safeguarding the rights of workers and local community stakeholders;

investments in people, particularly women and children, including–

broad-based public primary and secondary education and vocational training for both boys and girls;

(ii) food security and agricultural development to ensure food staples and other crops that provide economic growth and income opportunities in times of severe shortage;

(iii) quality public health, including medical clinics with well trained staff serving rural and urban communities;

(iv) vocational training for women and access to microfinance for small business establishment and income generation for women; and

(v) higher education to ensure a breadth and consistency of Pakistani graduates to prepare citizens to help strengthen the foundation for improved governance and economic vitality, including through public-private partnerships; and

long-term development in regions of Pakistan where internal conflict has caused large-scale displacement.

(2) FUNDING FOR POLICE REFORM, EQUIPPING, AND TRAINING- Up to $100,000,000 of the funds appropriated pursuant to subsection should be used for police reform, equipping, and training.

Preference for Building Local Capacity- The President is encouraged, as appropriate, to utilize Pakistani firms and community and local nongovernmental organizations in Pakistan, including through host country contacts, and to work with local leaders to provide assistance under this section.

Authority To Use Funds for Operational and Audit Expenses-

(1) IN GENERAL- Of the amounts appropriated for a fiscal year pursuant to subsection –

up to $10,000,000 may be used for administrative expenses of Federal departments and agencies in connection with the provision of assistance authorized by this section;

up to $30,000,000 may be made available to the Inspectors General of the Department of State, the United States Agency for International Development, and other relevant Executive branch agencies in order to provide audits and program reviews of projects funded pursuant to this section; and

up to $5,000,000 may be used by the Secretary to establish a Chief of Mission Fund for use by the Chief of Mission in Pakistan to provide assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to address urgent needs or opportunities, consistent with the purposes outlined in subsection or for purposes of humanitarian relief.

(2) AUTHORITY IN ADDITION TO EXISTING AMOUNTS- The amounts authorized under subparagraphs and of paragraph (1) to be used for the purposes described in such subparagraphs are in addition to other amounts that are available for such purposes.

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(10) to encourage and promote public-private partnerships in Pakistan in order to bolster ongoing development efforts and strengthen economic prospects, especially with respect to opportunities to build civic responsibility and professional skills of the people of Pakistan; and


(11) to encourage the development of local analytical capacity to measure progress on an integrated basis across the areas of donor country expenditure in Pakistan, and better hold the Government of Pakistan accountable for how the funds are being spent.

SEC. 5. AUTHORIZATION OF FUNDS.

Authorization- There are authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the following amounts:

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

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

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

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

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

Availability of Funds-

(1) IN GENERAL- Of the funds appropriated in each fiscal year pursuant to the authorization of appropriations in subsection –

none of the amounts appropriated may be made available after the date of the enactment of this Act for assistance to Pakistan unless the Pakistan Assistance Strategy Report has been submitted to the appropriate congressional committees in accordance with subsection (j); and

not more than $750,000,000 may be made available for assistance to Pakistan in any fiscal year after 2009 unless the President’s Special Representative to Afghanistan and Pakistan submits to the appropriate congressional committees during that fiscal year–

a certification that assistance provided to Pakistan under this Act to date has made or is making substantial progress toward achieving the principal objectives of United States assistance to Pakistan contained in the Pakistan Assistance Strategy Report pursuant to subsection (j)(1); and

(ii) a memorandum explaining the reasons justifying the certification described in clause .

(2) MAKER OF CERTIFICATION- In the event of a vacancy in, or the termination of, the position of the President’s Special Representative to Afghanistan and Pakistan, the certification described under paragraph (1) may be made by the Secretary of State.

Waiver- The Secretary of State may waive the limitations in subsection if the Secretary determines, and certifies to the appropriate congressional committees, that it is in the national security interests of the United States to provide such waiver.

Sense of Congress on Foreign Assistance Funds- It is the sense of Congress that, subject to an improving political and economic climate in Pakistan, there should be authorized to be appropriated up to $1,500,000,000 per year for fiscal years 2014 through 2018 for the purpose of providing assistance to Pakistan under the Foreign Assistance Act of 1961.

Sense of Congress on Security-related Assistance- It is the sense of Congress that security-related assistance to the Government of Pakistan–

(1) should be provided in close coordination with the Government of Pakistan, designed to improve the Government’s capabilities in areas of mutual concern, and maintained at a level that will bring significant gains in pursuing the policies set forth in paragraphs , (7), and ( 8 ) of section 4; and

(2) should be geared primarily toward bolstering the counter-insurgency capabilities of the Government to effectively defeat the Taliban-backed insurgency and deny popular support to al Qaeda and other foreign terrorist organizations that are based in Pakistan.

Use of Funds-

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(4) FATA- The term ‘FATA’ means the Federally Administered Tribal Areas of Pakistan.


(5) NWFP- The term ‘NWFP’ means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.
PAKISTAN-AFGHANISTAN BORDER AREAS- The term ‘Pakistan-Afghanistan border areas’ includes the Pakistan regions known as NWFP, FATA, and parts of Balochistan in which the Taliban or Al Qaeda have traditionally found refuge.
(7) SECURITY-RELATED ASSISTANCE- The term ‘security-related assistance’ means–

grant assistance to carry out section 23 of the Arms Export Control Act (22 U.S.C. 2763);
assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.);
assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.);

any equipment, supplies, and training provided pursuant to section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456); and

any equipment, supplies, and training provided pursuant to section 1206 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368 ).


( 8 ) SECURITY FORCES OF PAKISTAN- The term ‘security forces of Pakistan’ means the military and intelligence services of the Government of Pakistan, including the Armed Forces, Inter-Services Intelligence Directorate, Intelligence Bureau, police forces, levies, Frontier Corps, and Frontier Constabulary.


(9) MAJOR DEFENSE EQUIPMENT- The term ‘major defense equipment’ has the meaning given in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

SEC. 4. STATEMENT OF POLICY.

It is the policy of the United States–

(1) to support the consolidation of democracy, good governance, and rule of law in Pakistan;
(2) to support economic growth and development in order to promote stability and security across Pakistan;
(3) to affirm and build a sustained, long-term, multifaceted relationship with Pakistan;
(4) to further the sustainable economic development of Pakistan and the improvement of the living conditions of its citizens, including in the Federally Administered Tribal Areas, by expanding United States bilateral engagement with the Government of Pakistan, especially in areas of direct interest and importance to the daily lives of the people of Pakistan;
(5) to work with Pakistan and the countries bordering Pakistan to facilitate peace in the region and harmonious relations between the countries of the region;

to work with the Government of Pakistan to prevent any Pakistani territory from being used as a base or conduit for terrorist attacks in Pakistan, Afghanistan, India, or elsewhere in the world;


(7) to work in close cooperation with the Government of Pakistan to coordinate military, paramilitary, and police action against terrorist targets;
( 8 ) to work with the Government of Pakistan to help bring peace, stability, and development to all regions of Pakistan, especially those in the Pakistan-Afghanistan border areas, including support for an effective counterinsurgency strategy;

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

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(14) According to consistent opinion research, including that of the Pew Global Attitudes Survey (December 28, 2007) and the International Republican Institute (January 29, 2008 ), many people in Pakistan have historically viewed the relationship between the United States and Pakistan as a transactional one, characterized by a heavy emphasis on security issues with little attention to other matters of great interest to citizens of Pakistan.



(15) The election of a civilian government in Pakistan in February 2008 provides an opportunity, after nearly a decade of military-dominated rule, to place relations between Pakistan and the United States on a new and more stable foundation.

(16) Both the Government of Pakistan and the United States Government should seek to enhance the bilateral relationship through additional multi-faceted engagement in order to strengthen the foundation for a consistent and reliable long-term partnership between the two countries.
SEC. 3. DEFINITIONS.

In this Act:


(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.


(2) COUNTERINSURGENCY- The term ‘counterinsurgency’ means efforts to defeat organized movements that seek to overthrow the duly constituted Governments of Pakistan and Afghanistan through violent means.

(3) COUNTERTERRORISM- The term ‘counterterrorism’ means efforts to combat al Qaeda and other foreign terrorist organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189), or other individuals and entities engaged in terrorist activity or support for such activity.