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Congressional Record article 61 of 66         Full Display - 10,697 bytes.[Help]      

PROVIDING ASSISTANCE TO PAKISTAN AND INDIA -- (Senate - October 04, 2001)

[Page: S10339]  GPO's PDF

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   Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to immediate consideration of Calendar No. 180, S. 1465.

   The PRESIDING OFFICER. The clerk will report the bill by title.

   The legislative clerk read as follows:

   A bill (S. 1465) to authorize the President to provide assistance to Pakistan and India through September 30, 2003.

   There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Foreign Relations, with an amendment and an amendment to the title.

   (Strike out all after the enacting clause and insert the part printed in italic.)

   SECTION. 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS WITH RESPECT TO PAKISTAN.

    (a) FISCAL YEAR 2002 AND PRIOR FISCAL YEARS.--

    (1) EXEMPTIONS.--Any provision of the foreign operations, export financing, and related programs appropriations Act for fiscal year 2002, or any provision of such Act for a prior fiscal year, that prohibits direct assistance to a country whose duly elected head of government was deposed by decree or military coup shall not apply with respect to Pakistan.

    (2) PRIOR CONSULTATION REQUIRED.--Not less than 5 days prior to the obligation of funds for Pakistan under paragraph (1), the President shall consult with the appropriate congressional committees with respect to such obligation.

    (b) FISCAL YEAR 2003.--

    (1) WAIVER.--The President is authorized to waive, with respect to Pakistan, any provision of the foreign operations, export financing, and related programs appropriations Act for fiscal year 2003 that prohibits direct assistance to a country whose duly elected head of government was deposed by decree or military coup, if the President determines and certifies to the appropriate congressional committees that such waiver--

    (A) would facilitate the transition to democratic rule in Pakistan; and

    (B) is important to United States efforts to respond to, deter, or prevent acts of international terrorism.

    (2) PRIOR CONSULTATION REQUIRED.--Not less than 5 days prior to the exercise of the waiver authority under paragraph (1), the President shall consult with the appropriate congressional committees with respect to such waiver.

   SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY OF MTCR AND EXPORT ADMINISTRATION ACT SANCTIONS WITH RESPECT TO PAKISTAN.

    Any waiver under 73(e) of the Arms Export Control Act (22 U.S.C. 2797b(e)), or under section 11B(b)(5) of the Export Administration Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or successor statute), with respect to a sanction that was imposed on foreign persons in Pakistan prior to January 1, 2001, may be exercised--

    (1) only after consultation with the appropriate congressional committees; and

    (2) without regard to the notification periods set forth in the respective section authorizing the waiver.

   SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

    The following provisions of law shall not apply with respect to Pakistan:

    (1) Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)).

    (2) Such provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, as is comparable to section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (Public Law 106-429; 114 Stat. 1900A-25).

   SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR DRAWDOWNS AND TRANSFER OF EXCESS DEFENSE ARTICLES TO RESPOND TO, DETER, OR PREVENT ACTS OF INTERNATIONAL TERRORISM.

    (a) DRAWDOWNS.--Notwithstanding the second sentence of section 506(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(b)(1)), each notification under that section with respect to any drawdown authorized by subclause (III) of subsection (a)(2)(A)(i) that the President determines is important to United States efforts to respond to, deter, or prevent acts of international terrorism shall be made at least 5 days in advance of the drawdown in lieu of the 15-day requirement in that section.

    (b) TRANSFERS OF EXCESS DEFENSE ARTICLES.--Notwithstanding section 516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)(1)), each notification under that section with respect to any transfer of an excess defense article that the President determines is important to United States efforts to respond to, deter, or prevent acts of international terrorism shall be made at least 15 days in advance of the transfer in lieu of the 30-day requirement in that section.

   SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.

   SEC. 6. TERMINATION DATE.

    Except as otherwise provided in section 1 or 3, the provisions of this Act shall terminate on October 1, 2003.

    Amend the title so as to read: ``A bill to authorize the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003, and for other purposes.''.

   Mr. BIDEN. Mr. President, I am pleased that the Senate is considering this legislation, which was reported by the Committee on Foreign Relations earlier today. The bill addresses an urgent priority in the fight against terrorism by clearing the way for U.S. assistance to Pakistan. After the attacks of September 11, we asked the world to choose sides. Pakistan has chosen to stand with the United States.

   We need to assist this important front-line state. The President has already done so by committing $100 million in economic assistance to Pakistan under the extraordinary authority of Section 614 of the Foreign Assistance Act. But to provide additional assistance requires Congress to amend several laws restricting such assistance. The bill before the Senate therefore provides the following authority.

[Page: S10340]  GPO's PDF

   First, the bill waives, for Fiscal Year 2002, the restriction in law against assistance to countries where a democratic government has been overthrown by military coup. The President may waive the restriction in Fiscal Year 2003, but only if he determines that doing so would facilitate the transition to democratic rule in Pakistan and if it is important to the fight against terrorism. As we all know, there was a military coup in Pakistan in 1999. The current government has pledged to hold elections next fall. This provision keeps the focus on the U.S. policy objective that elections should be held in Pakistan.

   Second, the bill permits an expeditious waiver of sanctions imposed last fall against the Pakistani Ministry of Defense for violations of the Missile Technology Control Regime. Current law permits the President to waive these sanctions if it is essential to the national security. But he is required to notify Congress 45 working days before doing so. The bill allows the President to exercise the waiver without waiting those nine weeks.

   Third, the bill waives provisions of law which restrict assistance to nations in arrears on their payments of official debt to the United States. The United States just rescheduled some of Pakistan's debt, but that rescheduling does not take effect for several weeks, so this provision allows assistance to flow to Pakistan in the meantime.

   Finally, the bill provides additional flexibility in providing emergency military assistance to any country assisting us in the campaign against terrorism by reducing, but not eliminating, the notification periods for these authorities for two years.

   The bill makes no other changes to current law. Rather than provide broad waiver authority to override the significant structure of laws we have enacted in recent decades, as the State Department asked, we have narrowly tailored the legislation to address the specific provisions of law that were obstacles to helping Pakistan. In so doing, we are not foregoing any of the important policy objectives we have in Pakistan, particularly our non-proliferation objectives.

   I should emphasize that this provision has broad support. It was negotiated on a bipartisan basis within the Committee on Foreign Relations, and with the Chairman and Ranking Member of the Foreign Operations Subcommittee, Senator Leahy and Senator MCCONNELL. Because of the urgency of trying to get this legislation to the President, we have agreed to ``double-track'' the bill. We will move it free-standing today, and the Appropriations Committee will incorporate it into the foreign operations appropriations bill when that is considered in the Senate.

   Mr. President, as we have since September 11, we stand united in support of the President. We stand ready to assist the Administration in the campaign against terrorism. I hope my colleagues will support this legislation.

   Mr. REID. I ask unanimous consent that the committee amendment be agreed to, the bill be read a third time and passed, the title amendment be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the RECORD.

   The PRESIDING OFFICER. Without objection, it is so ordered.

   The committee amendment in the nature of a substitute was agreed to.

   The bill (S. 1465), as amended, was read the third time and passed.

   The title amendment was agreed to.


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