§8423 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The law stops most U.S. security help to Pakistan in certain years unless the Secretary of State, following the President’s direction, gives a written certification to Congress. No security-related aid may be given in fiscal years 2011 through 2014 until that certification is made. No offer letters or export licenses for major defense equipment may be issued to Pakistan in fiscal years 2012 through 2014 until the same certification is made. The Secretary of State must certify three things: that Pakistan is helping to break up supplier networks for nuclear weapons materials (including sharing information or access to people involved); that during the prior fiscal year Pakistan showed a sustained effort to fight terrorist groups (covering things like stopping any support from military or intelligence elements to extremists, stopping al Qaeda, the Taliban and groups such as Lashkar-e-Taiba and Jaish-e-Mohammed from operating or attacking across borders, closing camps in the FATA, dismantling bases including in Quetta and Muridke, acting on intelligence about high-level targets, and strengthening counterterrorism and anti-money-laundering laws); and that Pakistan’s security forces are not seriously undermining political or judicial processes. For fiscal years 2010 through 2014, U.S. security funds may not be used to make payments related to three specific Letters of Offer and Acceptance (PK–D–YAD, PK–D–NAP, PK–D–SAF) signed on September 30, 2006, though the funds may be used for construction and related work under those letters. The Secretary of State, following the President’s direction, can waive these limits for U.S. national security reasons but must give written notice to the appropriate congressional committees at least 7 days before the waiver; that notice can be classified. The appropriate congressional committees are the House Committees on Foreign Affairs, Armed Services, Oversight and Government Reform, and Permanent Select Committee on Intelligence, and the Senate Committees on Foreign Relations, Armed Services, and the Select Committee on Intelligence.

Title 22, §8423

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)For fiscal years 2011 through 2014, 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.

(b)For fiscal years 2012 through 2014, 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, under the direction of the President, makes the certification required under subsection (c) for such fiscal year.

(c)The certification required by this subsection is a certification by the Secretary of State, under the direction of the President, to the appropriate congressional committees that—

(1)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;

(2)the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and is making significant efforts towards combating terrorist groups, consistent with the purposes of assistance described in section 8421 of this title, including taking into account the extent to which the Government of Pakistan has made progress on matters such as—

(A)ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries;

(B)preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the territory of Pakistan, including carrying out cross-border attacks into neighboring countries, closing terrorist camps in the FATA, dismantling terrorist bases of operations in other parts of the country, including Quetta and Muridke, and taking action when provided with intelligence about high-level terrorist targets; and

(C)strengthening counterterrorism and anti-money laundering laws; and

(3)the security forces of Pakistan are not materially and substantially subverting the political or judicial processes of Pakistan.

(d)(1)Subject to paragraph (2), none of the funds appropriated for security-related assistance for fiscal years 2010 through 2014, 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—

(A)the Letter of Offer and Acceptance PK–D–YAD signed between the Governments of the United States of America and Pakistan on September 30, 2006;

(B)the Letter of Offer and Acceptance PK–D–NAP signed between the Governments of the United States of America and Pakistan on September 30, 2006; and

(C)the Letter of Offer and Acceptance PK–D–SAF signed between the Governments of the United States of America and Pakistan on September 30, 2006.

(2)Funds appropriated for security-related assistance for fiscal years 2010 through 2014 may be used for construction and related activities carried out pursuant to the Letters of Offer and Acceptance described in paragraph (1).

(e)(1)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.

(2)The Secretary of State, under the direction of the President, may not exercise the authority of paragraph (1) until 7 days after the Secretary of State provides to the appropriate congressional committees a written notice of the intent to issue to waiver 11 So in original. and the reasons therefor. The notice may be submitted in classified or unclassified form, as necessary.

(f)In this section, the term “appropriate congressional committees” means—

(1)the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables. The Supplemental Appropriations Act, 2009, referred to in subsec. (d)(1), is Pub. L. 111–32, June 24, 2009, 123 Stat. 1859. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§8423 Limitations on certain assistance