News

Health care reforms becoming reality

Three of the five Congressional committees working on legislation to reinvent the nation’s health care system delivered bills this week along the lines proposed by President Obama. And while senior Democrats vowed to press ahead to meet Mr. Obama’s deadline of having both chambers pass bills before the summer recess, some in their ranks, nervous about the prospect of raising taxes or proceeding without any Republican support, were pleading to slow down. If health care reform falls apart again in Congress, the most likely cause will be failure to agree on how to subsidize coverage for tens of millions of uninsured Americans. Some choices are to extract savings from the bloated, inefficient health care system — but also to raise revenues from a wider pool, preferably from well-to-do Americans who could be taxed more for a badly needed reform that would benefit all Americans.

Read complete text of the bill. The bill would require virtually all Americans to carry health insurance or pay a penalty. And it would require all but the smallest businesses to provide health insurance for their workers or pay a substantial fee. It would also expand Medicaid to cover many more poor people, and it would create new exchanges through which millions of middle-class Americans could buy health insurance with the help of government subsidies. The result would be near-universal coverage at a surprisingly manageable cost to the federal government. Check out this interactive guide as to how health care reforms would impact you.

The nonpartisan Congressional Budget Office estimates that by 2015, 97 percent of all residents, excluding illegal immigrants, would have health insurance. The price tag for this near-universal coverage was pegged by the budget office at just more than $1 trillion over 10 years — at the low-end of the estimates we’ve heard in recent weeks. Powerful organizations like American Medical Association have endorsed this bill. Opponents of the bill that include Republicans, conservative groups and many business organizations have responded by accelerating efforts to derail the legislation, portraying Democratic proposals as costly and dangerous experiments that will put the country on a path to inefficient, "government-run" health care. Read background study on health reforms.

A large number of PAKPAC supporters belong to the healthcare industry, we would like to hear your opinion, as to what you think is right or wrong with the proposed legislation,  and how this legislation may impact you personally. You can send your response to ED@pakpac.net or call 202 558 6404. Once we compile your responses, we would then lobby at the capital hill on your behalf.

PAKPAC Blog

PAKPAC has started a new section on its website for blogging. This will help us understand better what are the community needs,  issues and opinions. Read current blogs. PAKPAC would like for you to participate in these blogs, to submit a blog send it to ED@pakpac.net .

Community Action

Senate bill to curtail Civil Liberties

PAKPAC is calling on your support now to help put an end to hate crimes in our nation!  Please contact your Senators TODAY and encourage them to support the Leahy/Collins/Kennedy/Snowe Hate Crimes Amendment to S. 1391, the FY 2010 Department of Defense Authorization Bill.  This Amendment is identical to the text of S. 909, the Matthew Shepard Hate Crimes Prevention Act. S. 909 was introduced in April 29, 2009 after the successful passage of the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913) in the House of Representatives. Checkout this quick factsheet how the bill may impact you. Since the September 11, 2001 terrorist attacks, the Pakistani community has been subject to numerous documented hate and bias-motivated crimes.  This is well-documented in the 2003 - 2007 Report on Hate Crimes and Discrimination Against Arab Americans (See: http://www.adc.org/PDF/hcr07.pdf) and the earlier Report on Hate Crimes and Discrimination Against Arab Americans: The Post-September 11 Backlash (See: http://www.adc.org/hatecrimes/pdf/2003_report_web.pdf ).  Incidents similar to these could be more effectively investigated and prosecuted if the Hate Crimes Prevention Act were passed into law. 

This must-pass legislation could easily become a vehicle for amendments to stop the closing of Guantánamo Bay, undermine efforts to hold accountable those responsible for the Bush torture program, and -- most troubling of all -- promote a new system of indefinite detention without charge or trial. In fact, the bill already has language that would allow the Guantánamo military commissions to continue to convict people based on coerced confessions. The Amendment would eliminate the limitations on federal involvement to investigate and prosecute hate crimes.  The Amendment will also provide assistance to state and local law enforcement agencies to facilitate the investigation and prosecution of bias-motivated crimes and expands the coverage of existing federal hate crimes law to include victims of bias-motivated crimes based on the victim's gender, gender identity, or actual or perceived sexual orientation or disability.

Email your senators and tell them not to let the Defense Department Authorization bill become a vehicle for undermining civil liberties. Or Call your Senators at 866-659-9641 and urge them to protect all Americans from hate crimes. After months and months of pressure and newer, more disturbing revelations, Attorney General Holder is close to appointing a special prosecutor to investigate torture. There are also some dangerous proposals being considered -- including indefinite detention without charge or trial. That is why it is so critical for you to contact to your senators today and ask them to:

• Support the President's commitment to shutdown Guantánamo by January 2010.
• End Guantánamo military commissions, and charge and try any alleged terrorists in federal criminal courts.
• Totally reject indefinite detention without charge and without trial. Nothing could be more un-American than giving the federal government the power to imprison people indefinitely without charge or trial.

Immigration

New guidelines for H-1B Petitions  previously denied for Health Care Specialty Occupations

U.S. Citizenship and Immigration Services (USCIS) issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009.  If the Form I-129 was denied solely on the basis that the beneficiary did not possess a Master’s or higher degree in the field, the petition may be reopened on service motion.  USCIS is requesting that employers whose petitions were denied on the above basis send an email to the Service Center that issued the denial of Form I-129 to request review of the denial. Requests for review of H-1B health care specialty occupation petitions that were adjudicated at the Vermont Service Center should be sent to: vsc.ncscfollowup@dhs.gov. A large number of Pakistani doctors who had applied for H-1B will be impacted by this ruling. For more details.

Senate passes Immigration-Related Amendments

Senate passed its appropriations bill for the Department of Homeland Security (DHS) and several immigration-related amendments were included. Some positive amendments passed in the bill - including fixes making it easier for widows and orphans to be eligible for immigration benefits when their sponsoring family member dies in the middle of the application process; and extension of the religious worker visa program.

Other amendments that passed will have a negative impact on immigrants by:

• Making the electronic employment verification program (E-Verify) permanent for all federal contract employers; E-Verify has been identified as having a range of problems related to accuracy

• Requiring all current employers using E-Verify to re-check the employment verification of all employees, not just for new hires

• Preventing DHS from using funds to rescind the SSA No-Match Letter

Expansion of State and Local Law Enforcement of Immigration Laws

Department of Homeland Security (DHS) announced changes in an Immigration and Customs Enforcement (ICE) program known as the "287(g) program", which allows state and local law enforcement to work with federal immigration authorities to apprehend and deport immigrants. After a long review of the program, DHS stated that the program would focus on apprehending "serious and violent offenders." At the same time, additional states and cities have entered into 287(g) agreements with ICE, including areas with Pakistani populations, such as Gwinnett County (GA); Monmouth County (NJ) and the city of Morristown (NJ).

Fundraiser

Event for Congressman Massa - Aug 9th, Elmira NY

Dr. Mushtaq Sheikh and Mrs. Bushra Sheikh are hosting an event for Congressman Eric Massa (D-29^th NY) on Sunday Aug 9^th at 7:30 PM at their home 49 Estates Dr. ,Elmira, NY. You may recall, at PAKPAC Day on Hill in Feb 2009, Congressman Eric Massa was invited by Dr. Sheikh and he gave a highly inspiring speech. Congressman Massa is a first term Congressman and can become a major supporter of our issues. Besides other geo political issues, Congressman Massa will be discussing healthcare reforms at this event. If you are interested to support Congressman Massa then please contact Dr. Mushtaq Sheikh at  MSheikh@stny.rr.com

Future Activities

• Department of Justice Civil Rights Workshop Washington DC July 20th

• USCIS National Stakeholders meeting Washington DC July 28th

• Department of Justice Civil Rights Interagency Meeting Washington DC  July 29th

Upcoming Seminars at Think Tanks

To get information about future seminars and events relating to US-Pakistan relations, please visit the following websites

Atlantic Council

Brookings Institution

Heritage Foundation

Middle East Institute

SAIS

LINKS

US News

Congressional News

Pakistan News

World News

Breakfast Event with Congressman Cummings (D-MD)

PAKPAC and others hosted a breakfast event for Congressman Cummings at the home of Nayab and Janet Siddiqui. PAKPAC BOD Dr, Parvez Shah and Irfan Malik represented PAKPAC at the breakfast meeting. Congressman Cummings noted that the Pakistani American community is the most active community of his district, and that the community is  lot more influential today than they were 6-8 years ago. Congressman Cummings agreed to host meetings between State Department and Pakistan Community, the second such meeting will take place in September after Eid. (The first meeting was on June 12th with Ambassador Holbrooke). His office is also working on having a town hall meeting with Senior Officers of State Department and Pakistani American Community in October.

Senate Committee Testimony by Shuja Nawaz

Shuja Nawaz, director of the Atlantic Council's South Asia Center, testified before the Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Financial Management, Government Information, Federal Services and International Security.  His remarks, "From Strategy to Implementation: Strengthening U.S.-Pakistan Relations," outlined practical steps forward for U.S. security assistance to Pakistan. Shuja Nawaz outlined what works and what could work in Pakistan, and how we can make the United States a better partner in building Pakistan safer and stronger. With bipartisan support for help to rebuild Pakistan and reshape US policy, Shuja Nawaz offered following suggestions on how can the US become more effective?

1. USAID is broken badly by years of neglect.
2. We must also find better ways to coordinate assistance, so DOD, State, Treasury, Commerce, USTR, DOE and other agencies work together rather than autonomously or at cross purposes.
3. Trade can be a huge supplement to aid.
4. A related issue is the Reconstruction Opportunity Zones. These can be useful as a temporary though subsidized salve, not a permanent solution.
5. There is a better and faster way to create jobs immediately in FATA. We can employ the young males in the 17 per cent youth bulge in FATA’s 3.5 million population by launching major infrastructure projects
6. On retraining the military, we must recognize that the Pakistan army also needs help in keeping up its conventional force, even while we build up its mobility and ability to fight militants in rough terrain on its western borders.
7. We must also replace the Coalition Support Funds with regular foreign military funding, with milestones and benchmarks proposed by Pakistan’s military and agreed to by the United States.

On the issue of oversight for US economic assistance to Pakistan, Shuja offered, Pakistan does not have the ability to track its civil or military expenditures effectively. We must help Pakistan create these systems so it can better manage its resources. A comprehensive financial tracking system in the Ministries of Finance and Defense should help not only management but also improve civilian control of military spending, while increasing transparency. It is in Pakistan’s interest to set up strong management of aid programs and independent monitoring entities to prevent misuse of aid by bloated bureaucracies. The Pakistani Diaspora can provide the backbone for such efforts. On its part the US government must make transparent all its aid and defense contract awards so both the US and Pakistani populace can track the use of aid monies. Read complete testimony.

Viewpoint

US aid: some legal aspects  - Ahmer Bilal Soofi

THE Kerry-Lugar bill and the Berman bill are now in the process of being merged. Not many stakeholders in Pakistan have examined or minutely gone through the 58-page Berman and approximately 17-page Kerry-Lugar bill to assess its impact on military aid to Pakistan.

In this article I intend to focus on two issues; first, whether the bills stretch their legal scope unnecessarily to include military assistance; second, whether they give undue space to political statements.

In addition to regulating civilian aid, the bills intend to bring into their fold the already agreed to or ongoing military assistance and make it subject to conditions such as specific certification by the secretary of state. This means that assessing the performance of the civilian leadership under the aid program will be a basis on which clearance shall be given for the grant of military aid. Is that acceptable to Pakistani stakeholders? Is the leadership in full knowledge of the implications of the fine print? If so, then fine; the matter ends here. If not, then the implications need to be examined.

Ongoing military assistance to Pakistan is being given through existing US laws such as the Foreign Assistance Act 1961 and the Arms Export Control Act 1976. Under the present bills, the annual amount of $1.5bn is to be spent on the people of Pakistan and not for military purposes. Not many will disagree with this approach of giving aid for the people’s welfare. In fact, given past allegations of the diversion of funds, the US government will, rightly so, put in checks to ensure that these funds are not diverted for military purposes.

Looking at it from a legal point of view only, the attaching of more conditions to military aid is some what ultra vires and extraneous to the scope of the law that is otherwise devoted to civilian aid. It is certainly understandable that the US would desire a verifiable guarantee that civilian aid should not be diverted to fulfill military purposes.

However, why should the proposed US law regulate the subject matter (military aid) that it is neither granting nor regulating? Military aid is being provided by the US to Pakistan under a separate set of laws. Those laws have in-built safeguards. Licensing regimes are in place, export permissions are required from the State Department etc. Several states including Poland, Hungary, the Philippines and Jordan along with Pakistan buy military hardware from the US government complying with all regulatory conditions. If new conditions are added in the final Kerry-Lugar bill on military aid to Pakistan, it shall be discriminatory and Pakistan shall be singled out vis-à-vis several other states routinely receiving military aid and supplies from the US.

Once the bills are finalized, they will introduce additional legal obstructions to obtaining military assistance under other US laws. Given Pakistan’s significance as a US ally, Pakistan should be given prompt access to upgraded military hardware for use in its present counter-insurgency operation.

Under the circumstances, retaining a distinction between ‘military aid regulatory law’ and ‘civilian aid regulatory law’ may be desirable. Both need to operate independently of each other. Otherwise, the non-fulfillment of conditions on the civilian side may inadvertently end up obstructing military supplies to Pakistan. Politically, it can become a tool to put pressure on Pakistan any time in the future.

The other important legal issue is that both bills are aid-specific and provide conditions for disbursements and enlist heads under which the aid shall be spent. This is really the true scope and purpose of these bills. However, instead of confining the text to the core objectives, the bills devote unnecessary space to enlisting issues that are legally extraneous to the scope of the bill itself — for example, providing a long list of terrorist incidents in Pakistan, like the Marriott bombing, the names of terrorists arrested such as Khalid Sheikh Mohammad etc. Certainly, these are facts. But are they relevant to the bill?

In both the Kerry-Lugar and Berman bills, detailed elaborations of considerations and reasons for the bill are provided under several headings. All this could have been explained in a few lines of the preamble. Both bills contain more political statements than legal formulations under various headings such as ‘findings’, ‘declaration of principles’, ‘purposes of assistance’, ‘statement of policy’, ‘sense of Congress’ etc.

The approved legal approach is that such clauses in a draft bill must be brief and stay legalistic in outlook. This is the advice given to US lawmakers by the Legislative Drafting Manual prepared by the legislative branch of the US Congress. The present drafts of both the Kerry-Lugar and Berman bills are inconsistent with this advice and need to be shortened drastically so that the focus of legislation remains primarily on aid for the people of Pakistan. Those congressmen who are still interested in providing a detailed background of events in Pakistan can do so in introductory speeches that are part of the Congress record.

In conclusion it can be stated that both the Kerry-Lugar and Berman bills when merged should result in a brief, clear and legalistic instrument that radiates optimism and goodwill and that stays focused on aid for the welfare of the people of Pakistan.

The writer is an advocate of the Supreme Court of Pakistan and president of the Research Society of International Law. Reprint from July 15^th edition of DAWN

Crisis in Pakistan: Educate Women and Girls for Long-term Solutions - Rebecca Winthrop

Despite the dire humanitarian needs of the displaced and host communities in Northern Pakistan, there are real opportunities to improve their long-term socioeconomic status by finding innovative ways to educate girls and women. Educating girls and women is one of the most leveraged investments there is. Not only does it bring a range of benefits to the individual girls and women—such as, self-confidence, ability to make informed decisions, critical analysis of propaganda, which is crucial in the battle against the Taliban—it also has a large ripple effect. Educating girls and women improves the health status of children and the economic development of their communities. Every 1 percent increase in women’s education generates a .3 percent increase in economic growth. Exclusion from the socioeconomic development of the country is one of the root causes of the conflict in Northern Pakistan. The government of Pakistan invests $11 per capita on development efforts in Federally Administered Tribal Areas (FATA) and $25 per capita in the rest of the country. The educational attainment of girls and women in the north is markedly lower than in other areas. The current humanitarian crisis and displacement could provide a window of opportunity for girls and women, many of whom have never before had access to education, to learn critical skills. The women’s literacy rate in FATA is only 3 percent and in the North-West Frontier Province, (NWFP) it is 18 percent. This is much lower, especially in FATA, than the national level women’s literacy rate of 32 percent. The male literacy rate is much higher: 30 percent in FATA, and 50 percent and 54 percent in NWFP and national level, respectively. Read complete article.