The 113th Congress continues to debate levels of U.S. assistance to Pakistan in light of signs that Pakistan may not be a fully willing and effective U.S. partner, and that official Pakistani elements continue to support Islamist militant forces. During a period of economic and budget crises in the United States, Obama Administration officials and some senior Members of Congress have voiced concerns about the efficacy of continuing the flow of billions of U.S. aid dollars into Pakistan, with some in Congress urging more stringent conditions on, or even curtailment of, such aid. At issue is whether Pakistan's civilian government and security services are using the aid as intended domestically while actively supporting U.S. efforts to stabilize Afghanistan and combat regional insurgent and terrorist elements. Existing aid restrictions and the certification process required for greater accountability on the part of Pakistan continue to be under scrutiny.
A number of current laws restrict or place conditions on certain aid to Pakistan. Others require the President, the Secretary of Defense, or the Secretary of State to certify that Pakistan meets specific criteria to receive U.S. aid. Criteria include that the implementing agency is qualified to manage the funds; that the Pakistani government has agreed to clear, achievable goals; that it is meeting human rights goals; and that the country is making progress in achieving U.S. aid objectives and is cooperating with the United States in combating terrorist networks and securing its nuclear weapons. Reporting requirements often are included. Current law includes authority for the President to waive certification requirements in the interest of U.S. national security.
The National Defense Authorization Act for FY2013 (H.R. 4310), which became P.L. 112-239 in January 2013, limits FY2013 Coalition Support Fund reimbursements to Pakistan to $1.2 billion and prohibits reimbursements for the period (November 2011-July 2012) when Pakistan barred NATO from transiting along its Ground Lines of Communication linking Afghanistan with the Arabian Sea. The act also includes a measure to extend the Pakistan Counterinsurgency Fund (PCF) through FY2013. Disbursement of PCF requires the Secretary of Defense, in consultation with the Secretary of State, to certify that Pakistan is demonstrating efforts to counter improvised explosive devices, is cooperating on counterterrorism efforts, and is not detaining Pakistani citizens, including Dr. Shakil Afridi, as a result of their cooperation with the U.S. government on counterterrorism efforts. The Secretary of Defense may waive this certification requirement in the interest of U.S. national security.
Pending bills include measures that would preclude or limit CSF reimbursements and require certification by the Secretary of Defense for disbursement of these funds; another would limit assistance to $50 million in agricultural or medical supplies to five countries that might seek to do harm to Americans or its allies, Pakistan among them.
This report provides a list of existing laws and pending legislation containing conditions, limitations, and reporting requirements for U.S. foreign assistance to Pakistan. It will track the debate on this topic and resulting changes. For broader discussion of U.S.-Pakistan relations, see CRS Report R41832, Pakistan-U.S. Relations, by K. A. Kronstadt. See also CRS Report R41856, Pakistan: U.S. Foreign Assistance, by [author name scrubbed] and K. A. Kronstadt.
Pakistan has long been a leading recipient of U.S. foreign aid despite contentious issues in the bilateral relationship. In May 2013, Pakistan conducted scheduled national elections to seat new National and Provincial Assemblies. The exercise was itself historic as an unprecedented transfer of power from one elected government to another. The right-leaning, conservative Pakistan Muslim League faction led by former Prime Minister Nawaz Sharif (PML-N) won an unexpectedly strong victory that includes a simple majority in the National Assembly as well as continued control of Punjab, where the bulk of Pakistan's citizens reside. The incumbent Pakistan People's Party suffered a major defeat and is relegated to opposition status at the federal level, although it retained control of the Sindh government. The newly formidable Pakistan Tehreek-e-Insaf (Movement for Justice) part—led by Imran Khan, a strident critic of Pakistan's cooperation with the United States—now heads a coalition government in Khyber Pakhtunkhwa. In June, Sharif began his third non-consecutive term as Prime Minister. Although the elections were marked by violence and some reports of rigging, their conduct was welcomed by the U.S. and other international governments as an important step in Pakistan's democratization process. Analysts do not anticipate any major adjustments in the U.S.-Pakistan relationship in the near- or middle-term and Sharif's priorities—resolving Pakistan's energy crisis and reversing its economic decline—track well with the central goals of the U.S. assistance program.
Following the May 2011 U.S. commando raid in Pakistan to kill Osama bin Laden, already troubled U.S.-Pakistani relations soured, prompting the 112th Congress to consider new restrictions on, or even elimination of, the billions of annual assistance dollars currently being provided. Since the raid, U.S.-Pakistani military cooperation has been disrupted and clouded by increased mutual distrust; Islamabad has significantly reduced the number of U.S. military trainers allowed in the country, and the Obama Administration indicated that deliveries of certain security-related financial transfers and other aid are under suspension. A November 2011 incident near the Pakistan-Afghanistan border left two dozen Pakistani soldiers dead after their posts came under fire from NATO forces; the event further disrupted relations.
A significant shift in the Obama Administration's public statements on U.S. relations with Pakistan was suggested in September 2011 when Admiral Mike Mullen, the outgoing Chairman of the Joint Chiefs of Staff, and then-Secretary of Defense Leon Panetta testified before the Senate Armed Services Committee. In that hearing, both explicitly accused Pakistan's main intelligence agency, Inter-Services Intelligence (ISI), of supporting Haqqani Network insurgents who engage in attacks on U.S. targets in Afghanistan. When asked by a committee member whether he supported a move in Congress to further condition U.S. aid to Pakistan, Secretary Panetta replied, "Anything that makes clear to them that we cannot tolerate their providing this kind of safe haven to the Haqqanis, and that they have to take action—any signal that we can send to them—I think would be important to do."1
Weeks later, however, President Barack Obama stated in a press conference, "We could not have been as successful as we have been without the cooperation of the Pakistan government. And so on a whole range of issues, they have been an effective partner with us," adding, "[W]e will constantly evaluate our relationship with Pakistan" in the context of U.S. interests.2 The Administration's scrutiny of the relationship has continued since, especially in light of increased congressional attention following the tumultuous events of 2011. Yet its fundamental support for a continued large-scale assistance program is unchanged. During an April 2013 House hearing on the Administration's FY2014 foreign affairs budget proposal, newly seated Secretary of State John Kerry was asked about ending all foreign assistance to Pakistan. His reply: "Cutting off aid to Pakistan would—would not be a good move, certainly at this point in time, for a lot of different reasons. We are working with Pakistan with respect to nuclear safety and nonproliferation. We are working with Pakistan to get our supplies both in and out of Afghanistan."3
At the same time that the Administration expressed serious displeasure with Pakistan, the United States responded in FY2011 and FY2012 with more than $110 million in humanitarian aid to a September 2011 disaster due to flooding there. Previously, the United States had provided about $600 million in disaster and refugee assistance for the widespread summer 2010 Pakistan floods. More recently, in September 2012 and February 2013, the Administration waived certification requirements to allow for continued transfers of major defense equipment. The latter waiver was taken as a signal that the bilateral security relationship was being substantively renewed after a nearly two-year-long period of estrangement.
While numerous concerns exist about whether Pakistan can be accountable in how it uses U.S. aid and whether it is capable of being a reliable U.S. partner in combating terrorism, many experts believe that key U.S. strategic interests are inextricably linked with a stable Pakistan and region. They emphasize the importance of maintaining close bilateral engagement with Pakistan, including providing assistance, to promote stability and contribute to U.S. national security.
Over past decades Congress has expressed concern with the U.S.-Pakistan relationship and has placed limitations and reporting requirements on U.S. aid to Pakistan in both authorization and appropriation laws. Following, in reverse chronological order, are laws passed by Congress that restrict aid and/or establish certain requirements for the release of such aid.
H.R. 4310 was introduced March 29, 2012, and was passed by the full House on May 18, 2012. The bill was referred to the Senate, where it passed on December 21, 2012. The conference report (H.Rept. 112-705) was filed on December 18, 2012. The President signed it into law on January 2, 2013.
Section 1227 of the act extends authority of Coalition Support Fund (CSF) reimbursements for FY2013 and limits CSF reimbursements to Pakistan to $1.2 billion for that fiscal year. It prohibits CSF reimbursements for the period between November 2011-July 2012 when Pakistan had barred NATO from transiting along its Ground Lines of Communication (GLOCs) linking Afghanistan with the Arabian Sea. FY2013 CSF reimbursements can only be made after the Secretary of Defense certifies that Pakistan is maintaining security along the GLOCs, is taking demonstrable steps against terrorism, and that it is countering the threat of improvised explosive devices (IEDs). The Secretary may waive these certification requirements for U.S. national security reasons. This measure requires a report from the Secretary of Defense, in consultation with the Secretary of State, within 90 days of enactment, on the reimbursement process, the conditions regarding the GLOCs, and an estimate of transshipment costs for FY2011 through FY2013 supporting the forces in Afghanistan.
Section 1228 extends the Pakistan Counterinsurgency Fund (PCF) through FY2013 and extends the limitation of funds until the Secretary of Defense, in consultation with the Secretary of State, certifies to certain congressional committees that the government of Pakistan is demonstrating efforts to counter IEDs, is cooperating on counterterrorism efforts, and is not detaining Pakistani citizens, including Dr. Shakil Afridi, as a result of their cooperation with the U.S. government on counterterrorism efforts. The Secretary of Defense, in consultation with the Secretary of State, may waive these requirements if doing so is deemed to be in the U.S. national security interest.
H.R. 1540 was introduced in the House on April 14, 2011. The House passed it on May 26. The bill was referred to the Senate on June 6, when it was referred to the Committee on Armed Services. The Senate passed it with an amendment on December 1, 2011. The conference report (H.Rept. 112-329) was filed on December 12. The conference report was agreed to in the House on December 14 and in the Senate on December 15, 2011. The President signed it into law on December 31, 2011.
Section 1220 of the bill stipulates that not more than 40% of FY2012 appropriated amounts for PCF may be obligated or expended until the Secretary of Defense, with the concurrence of the Secretary of State, submits an annual report to the relevant defense committees in the House and Senate, and to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that includes
At a minimum, the report shall include
The section further requires the Secretary of Defense, in concurrence with the Secretary of State, to include in the quarterly reports mandated under Section 1224(f) of the National Defense Authorization Act for FY2010
H.R. 2055 was introduced on May 31, 2011 as the Military Construction and Veterans Affairs funding measure. It became the vehicle for the omnibus appropriation legislation in December. The conference report (H.Rept. 112-331) was passed by both House and Senate in December 2011. The President signed in into law (P.L. 112-74) on December 23, 2011.
Section 7010 requires the Secretary of State to provide in writing to the congressional appropriations committees before April 1, 2012, and each fiscal quarter thereafter a report on the uses of Foreign Military Financing (FMF), International Military Education and Training (IMET), Peacekeeping Operations (PKO), and Pakistan Counterinsurgency Capability Fund (PCCF).
Section 7046(c)(1)(A) (Pakistan Certification) states that none of the funds appropriated by this act may be made available to the government of Pakistan unless the Secretary of State certifies to the House and Senate appropriations committees that the government of Pakistan is
Section 7046(c)(B) authorizes the Secretary of State to waive the above certification requirement if it is in U.S. national security interests.
Section 7046(c)(2) (Assistance to Pakistan) states that
Section 7046(c)(3)(A) (Reports) (i) states that the Secretary of State must submit a report to the congressional appropriations committees on the spend plan required by Section 7078 of this act within six months after submission of the spend plan and every six months thereafter until September 30, 2013. The plan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding further development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance. The report shall include the status of achieving the goals and benchmarks provided in the spend plan. (ii) urges the Secretary of State to suspend assistance for the government of Pakistan if any report required by (A)(i) indicates that Pakistan is failing to make measurable progress in meeting the stated goals or benchmarks. (B) requires the Secretary of State within 90 days after enactment of this act to submit a report to the congressional appropriations committees with an assessment on costs and objectives regarding U.S.-supported infrastructure projects in Pakistan.
Section 7078 (b) (Spend Plans) requires the Secretary of State, in consultation with the Administrator of the U.S. Agency for International Development (USAID), to submit to House and Senate Appropriations Committees a spend plan for assistance to Pakistan, among other countries.
Title VIII (Overseas Contingency Operations) requires the Secretary of State to report in writing within 30 days after enactment of this act and each fiscal quarter thereafter to the Committees on Appropriation regarding the uses of PCCF on a project-by-project basis.
Section 2121(b) states that ESF appropriated or otherwise made available by this division for assistance for Afghanistan and Pakistan may not be made available for direct government-to-government assistance unless the Secretary of State certifies to the Committees on Appropriations that the relevant implementing agency has been assessed and considered qualified to manage such funds; that the government of the recipient country has agreed, in writing, to clear and achievable goals and objectives for the use of such funds; and that there are mechanisms within each implementing agency to ensure that such funds are used for the purposes for which they were intended.
Section 1220 amends P.L. 111-84 (see below) and requires that assistance provided to the security forces of Pakistan from the Pakistan Counterinsurgency Fund (PCF) after FY2010 shall be provided in a manner that promotes "observance of and respect for human rights and fundamental freedoms" and "respect for legitimate civilian authority within Pakistan."
Section 1005 stipulates that FMF and the PCCF appropriated in this and prior acts shall be made available
Title III states that ESF funds appropriated under this heading that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with workers' rights and eliminating the worst forms of child labor laws.7 Of the funds appropriated under this heading for assistance for Afghanistan and Pakistan,
Section 1015 prohibits the use of Department of Defense counternarcotics assistance funds to construct any proposed Border Coordination Center in Pakistan. The Secretary of Defense may waive this for vital U.S. national security interests.
Section 1224 requires the Secretary of Defense to submit quarterly reports to Congress summarizing on a project-by-project basis any transfer of funds from the PCF during each fiscal quarter.
Section 1225 (22 U.S.C. 2785 note) requires the Secretary of Defense to establish and carry out a program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Pakistan, and prohibits transfer of defense articles or defense services to Pakistan until the Secretary certifies to Congress that such program has been established.
Section 102(b)(1)(B)(i) limits economic assistance to $750 million per year unless the President's Special Representative to Afghanistan and Pakistan certifies that assistance to Pakistan is making reasonable progress in achieving the principal U.S. aid objectives as stated in the Pakistan Assistance Strategy Report with reasons justifying the certification.8 The Secretary of State may waive the limitations if it is in the national security interest of the United States to do so.
Section 203 (U.S.C. 8423) limits all security-related assistance and arms transfers to Pakistan during FY2011-FY2014 unless the Secretary of State annually certifies and reports to the Committees on Foreign Affairs, Foreign Relations, Armed Services, Oversight and Government Reform, and Select Committees on Intelligence that
Furthermore, none of the security-related aid for FY2010 through FY2014 or any funds appropriated to the PCCF may be used toward the purchase of F-16 combat aircraft and related munitions and logistics, with the exception of basing construction at Pakistan's Shabaz air base.
The Secretary may waive this certification requirement if s/he determines that "it is important to the national security interests of the United States to do so."
Title IV stipulates that funds appropriated for FMF to Pakistan "may be made available only for border security, counterterrorism, and law enforcement activities directed against Al Qaeda, the Taliban, and associated terrorist groups."
Section 706 (22 U.S.C. 2291j-l) authorizes withholding aid to countries identified by the President as "major drug transit or major illicit drug producing countries" if the country is not adhering to international agreements and is not making substantial efforts to meet certain counternarcotics measures.9 This restriction can be waived if the President reports annually to Congress that
Section 490 (Annual Certification Procedures, U.S.C. 2291j) requires the President to certify annually that in the previous year a country earlier identified as an illicit drug-producing or drug transit country has fully cooperated with the United States or taken steps on its own to achieve full compliance with the United Nations Convention Against Illicit Traffic in Narcotics and Psychotropic Substances, or that it is of vital U.S. national interests for a country to receive U.S. bilateral economic assistance or for the United States to vote for multilateral development bank assistance for that country.
Section 620E (Assistance to Pakistan, U.S.C. 2375) authorizes security assistance to Pakistan to help Pakistan deal with the threat of the Soviet Union presence in Afghanistan. Military assistance is prohibited, however, unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Foreign Relations Committee in the Senate that Pakistan does not possess a nuclear explosive device and that the military assistance will reduce significantly the risk that Pakistan will possess a nuclear device.10
Some Members of the 113th Congress have concerns about providing billions of dollars of annual aid to a country that appears unwilling or unable to act as a reliable U.S. partner. Numerous legislative proposals before the 113th Congress go beyond current law. In order of most recent congressional action, following are pending measures proposed to restrict future aid to Pakistan:
H.R. 2397 was introduced in the House on June 17, 2013. The House Committee on Appropriations reported an original measure (H.Rept. 113-113) that same day. House floor action left it as unfinished business on July 24, 2013.
Section 9014 of this Defense appropriation bill would prohibit any FY2014 Coalition Support Fund payments to Pakistan unless the Secretary of Defense, in coordination with the Secretary of State, certifies that Pakistan is
The Secretary of Defense, in coordination with the Secretary of State, may waive the previous restrictions on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House and the Senate that it is in the national security interest to do so. The Secretaries must report to the House and Senate Committees on Appropriations on the justification for the waiver and the specific points listed above that the Government of Pakistan were unable to meet.
H.R. 1960 was introduced on May 14, 2013. It was amended and reported by the Committee on Armed Services on June 7, 2013 (H.Rept. 113-102 and H.Rept. 113-102, Part II). The House passed the measure (315-108) on June 14, 2013. The Senate received the measure on July 8, 2013. No further action has occurred to date.
Sec. 1211of the act would provide a one-year extension of Coalition Support Fund (CSF) reimbursements for Pakistan and limits such reimbursement to $1.5 billion in FY2014. These reimbursements would be prohibited pending certification to congressional defense committees that Pakistan is
The Secretary of Defense may waive the limitation of reimbursements if the Secretary certifies to congressional defense committees in writing that such waiver is in U.S. national security interests and provides justification for the waiver.
H.R. 1922, referred to as the Foreign Assistance under Limitation and Transparency Act (FAULT Act), was introduced May 9, 2013, and referred to the House Foreign Affairs and Rules Committees. No further action has occurred to date.
Sec. 2 finds that Iran, North Korea, Syria, Egypt, and Pakistan have engaged in activities that undermine the security and foreign policy objectives of the United States or compromise regional and international stability.
Sec. 101 would prohibit U.S. government funding for foreign assistance to Iran, North Korea, Syria, Egypt, and Pakistan except for up to $50 million in any one fiscal year for agricultural commodities, medicine, or medical devices. The limitation may not be waived unless the President submits a report certifying and identifying specified fundamental changes in the policies of the country in question to the appropriate congressional committees at least 45 days before the proposed waiver would take effect. Congress, however, may enact a joint resolution to prohibit the waiver. The President also may waive the foreign assistance limitations for humanitarian purposes for up to $50 million and 120 days in any fiscal year, and may renew the humanitarian waiver for an additional 90 days by submitting a comprehensive status report to the appropriate congressional committees.
Sec. 201(b) requires the President to terminate the designation of Pakistan as a major non-NATO ally and may not reissue a separate designation as a major non-NATO ally. The designation is to be effective upon the enactment of this act and end when the Secretary of State certifies to the appropriate congressional committees that the government of Pakistan has drafted a new constitution and scheduled a date for national democratic elections to elect a new government under the new constitution.
H.R. 5857 was introduced on May 25, 2012, and approved by the House Appropriations Committee on the same day. This bill to fund the State Department and foreign operations for FY2013, contains provisions that would
S. 3241 was introduced May 24, 2012. The full Senate appropriations committee approved it the same day. As approved by the Senate Appropriations Committee, the bill contains provisions that would
The bill also provides that $100 million of the ESF funds may be used by the President for Overseas Contingency Operations if so designated by Congress.
As passed by the full House on May 18, 2012, the National Defense Authorization Act for FY2013 would
H.R. 3115 was introduced October 6, 2011, and was referred to the House Agriculture and House Foreign Affairs Committees on the same day. It was referred to the House Subcommittee on October 14, 2011. No further action has occurred.
Section 2 of the bill would prohibit non-security assistance to Pakistan including development assistance, Economic Support Funds, Global Health and Child Survival assistance, aid from the Democracy Fund, International Disaster Assistance, and any provision of law that authorizes the Secretary of State to provide a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees and other activities to meet refugee and migration needs, certain food aid, the $1.5 billion in annual economic assistance to Pakistan authorized by the EPPA (P.L. 111-73) and any law authorizing contributions to international organizations.
Section 3 states that security assistance may be provided to Pakistan under any provision of law other than those in Section 2 above and only during a period for which a certification or recertification is in effect.
The certification must be transmitted by the President to Congress. Issues addressed in the certification include a determination by the President that the government of Pakistan is cooperating with the United States in efforts against Al Qaeda, the Taliban, and associated terrorist groups, including prevention of such groups from carrying out cross-border attacks on neighboring countries; does not impede United States counterterrorism efforts; and will use the assistance solely for the purpose of border security, counter-terrorism, and law enforcement activities directed against Al Qaeda, the Taliban, and associated terrorist groups.
Recertification must be no later than 90 days after the date on which the President transmits to Congress an initial certification and every six months thereafter. The President shall transmit to Congress a recertification that the original certification conditions are continuing to be met; or if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons.
These measures would take effect on the date of the enactment.
The Foreign Relations Authorization Act, 2012, was introduced on July 19, 2011, and amended and reported out of the Committee on Foreign Affairs on September 23, 2011. No further action has occurred.
As reported in the House, Section 1025A of the bill would amend the EPPA (P.L. 111-73) by
Section 1025B would require that the EPPA's Section 301 Pakistan Assistance Strategy Report be submitted to Congress annually through 2014 rather than one time, and that it further include descriptions of (1) progress toward creating a searchable Internet database and other public communications strategies that will provide American and Pakistan people with updated and accurate information on proposed spending plans, disbursements of assistance, and results achieved using funds authorized; (2) progress toward meeting the recommendations of audits, reviews, and investigations completed by the General Accountability Office and by the Office of Inspector General of the United States Agency for International Development, the Department of State, and the Department of Defense; and (3) a description of how the Administration is incorporating support for private sector development and enhanced trade opportunities as part of the foreign assistance approach to Pakistan.
H.R. 3013 was introduced on September 22, 2011, and referred to the House Committee on Foreign Affairs. No further action was taken.
Section 2 of the bill would prohibit all U.S. aid to Pakistan except aid that would ensure the security of nuclear weapons.
The prohibition would take effect on the date of the enactment of the measure and would prohibit already allocated assistance to Pakistan that is unexpended on or after the date of enactment.
S. 1601 was introduced on September 22, 2011, marked up in the Senate Committee on Appropriations, and sent to the Senate the same day. No further action has been taken.
Section 7010 would require that the Secretary of State provide to the Appropriations Committee by April 1, 2012, and for every fiscal quarter thereafter, a report on the uses of FMF, IMET, and PCF. The report "shall include a description of the obligation and expenditure of funds ... and the use or purpose of the assistance provided by such funds."
Section 7065(c) would require that
To meet these requirements, the Secretary of State must certify that the Pakistani government is
The Secretary may waive this certification requirement "if to do so is in the national security interests of the United States."
Section 7065(c) further stipulates that ESF for Pakistan "should be made available to stop the flow of precursor materials used to manufacture Improvised Explosive Devices, including calcium ammonium nitrate, from Pakistan to Afghanistan, including programs to train border and customs officials in Pakistan and Afghanistan as well as agricultural extension programs that encourage alternative fertilizers among Pakistani farmers."
Section 7082(a) would require that no later than 45 days after the date of enactment any agency providing economic assistance to Pakistan shall submit to the Committees on Appropriations an operating plan that "provides details of the use of such funds at the program, project, and activity level."
Section 7082(b) would require that, prior to the initial obligation of funds, the Secretary of State, in consultation with the USAID Administrator, shall submit to Congress a detailed spend plan, which shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results, for funds appropriated under the heading "Democracy Fund;" economic and security assistance funds for Pakistan; and economic assistance funds appropriated for food security and agriculture development programs and for climate change and environment programs.
As per Section 7065(c)(4)(B), the spend plan report for Pakistan shall include "achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding furthering the development of Pakistan, countering extremism, and establishing conditions conducive to the rule of law and accountable governance," and it provides that, not later than six months after submission of such spend plan, and each six months thereafter until September 30, 2013, the Secretary of State "shall submit a report on the status of achieving the goals and benchmarks in the spend plan" and "should suspend assistance for the Government of Pakistan if any such report indicates that Pakistan is failing to make measurable progress in meeting any such goal or benchmark."
The Department of Defense Appropriations Act for FY2012 was introduced in the House on June 16, 2011, and referred to the House Appropriations Committee on the same day. The House passed the measure on July 8, 2011. The Senate Committee on Appropriations reported it with an amendment in the nature of a substitute on September 15, 2011, and it was placed on the Senate legislative calendar. No further action has occurred.
The House version contains restrictions and reporting requirements regarding aid to Pakistan. The Senate Appropriations Committee strikes out those measures, among others, and does not include restrictions on aid to Pakistan. The House measure includes the following:
Section 9009 would require that the Secretary of Defense submit to Congress not later than 45 days after the end of each fiscal quarter a report on the proposed use of all appropriated PCF on a project-by-project basis, for which the obligation of funds is anticipated during the three-month period from such date, including estimates of the costs required to complete each such project. The report shall include
Section 9015 stipulates that not more than 25% of PCF appropriated after FY2011 may be obligated or expended until such time as the Secretary of Defense, with the concurrence of the Secretary of State, reports to Congress on the strategy to utilize such funds and the metrics used to determine progress with respect to those funds. The report shall include, at a minimum,
This unnumbered bill was marked up by the House Appropriations Subcommittee on State, Foreign Operations, and Related Programs during the summer of 2011. No further action has occurred.
Section 7047 states that none of the funds made available may be obligated for aid to Pakistan until the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, certifies and reports to Congress that the government of Pakistan is
Funds will be provided only for programs that are in America's national security interest and must foster economic development and decrease the appeal of extremism. The Secretary of State must report to Congress within 45 days of enactment of this act on projects to be funded.
Section 7031. The House Appropriations Subcommittee on State Department, Foreign Operations, and Related Programs is concerned about direct government-to-government assistance to Pakistan. This bill would require the Secretary of State to certify that any government-to-government aid will be used as intended; that Pakistan agrees to clear, achievable goals; that the implementing agency and staff are fully qualified; and that there are sufficient monitoring and evaluation systems in place.
Section 7006. The bill includes a requirement that the Secretary of State, in consultation with the USAID, provide a spending plan to the congressional appropriations committees prior to obligation of funds.
H.R. 1699 was introduced on May 3, 2011, and referred to the House Foreign Affairs Committee. No further actions were taken.
Section 2 (Prohibition on Assistance to Pakistan) states the following:
(a) Prohibition—Assistance may not be provided to Pakistan under any provision of law unless the Secretary of State certifies to Congress that
(b) A certification described shall be submitted
(c) This act shall take effect on the date of the enactment of it and shall apply with respect to amounts allocated for assistance to Pakistan that are unexpended on or after such date.
H.R. 1790 was introduced on May 5, 2011, and referred to the House Committee on Foreign Affairs. No further action was taken.
Section 3 (Prohibition on Assistance to Pakistan) states, "Assistance may not be provided to Pakistan under any provision of law." The prohibition of aid to Pakistan would be effective upon enactment of the act and would apply to unobligated or unexpended aid to Pakistan as of that date.
H.R. 1 was introduced February 11, 2011, agreed to in the House on February 19, and sent to the Senate floor, where it was returned to the calendar on March 9. No further actions were taken.
Section 2123(b) states that ESF funds appropriated or otherwise made available by this division for assistance for Afghanistan and Pakistan may not be made available for direct government-to-government assistance unless the Secretary of State certifies to the Committees on Appropriations that the relevant implementing agency has been assessed and considered qualified to manage such funds and the government of the United States and the government of the recipient country have agreed, in writing, to clear and achievable goals and objectives for the use of such funds, and have established mechanisms within each implementing agency to ensure that such funds are used for the purposes for which they were intended.
| 1. |
Senate Armed Services Committee hearing on U.S. Strategy in Iraq and Afghanistan, September 22, 2011, transcripts at http://www.cq.com/doc/congressionaltranscripts-3943650. |
| 2. |
President Obama's press conference, October 6, 2011, http://www.whitehouse.gov/the-press-office/2011/10/06/news-conference-president. |
| 3. |
"House Foreign Affairs Committee Holds Hearing on President Obama's Fiscal 2014 Budget Proposal for the State Department and Foreign Affairs," CQ Transcripts, April 17, 2013. |
| 4. |
Sec. 620M of the Foreign Assistance Act of 1961 states that grant assistance shall not be furnished to any "economically developed nation capable of sustaining its own defense burden and economic growth." |
| 5. |
This measure is to be carried out in a manner consistent with Section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)), which includes meeting workers' rights and child labor laws, taking action to combat terrorism, and meeting counternarcotics criteria to receive U.S. assistance, among other things. |
| 6. |
Section 620J of the Foreign Assistance Act of 1961 (P.L. 87-195, as amended), also known as the Leahy Amendment, states, in part, that "No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights." |
| 7. |
This measure is to be carried out in a manner consistent with Section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)), which includes meeting workers' rights and child labor laws, taking action to combat terrorism, and meeting counternarcotics criteria to receive U.S. assistance, among other things. |
| 8. |
U.S. aid objectives stated in the Department of State's Pakistan Assistance Strategy Report include (1) helping Pakistan address immediate energy, water, and related economic crises, thereby deepening our partnership with the Pakistani people and decreasing the appeal of extremists; (2) supporting broader economic and democratic reforms that are necessary to put Pakistan on a path towards sustainable job creation and economic growth, which is necessary for long-term Pakistani stability and progress; and (3) helping Pakistan build on its success against militants to eliminate extremist sanctuaries that threaten Pakistan, Afghanistan, the wider region, the United States, and people around the world. June 30, 2010, pp. iii-iv. |
| 9. |
Subsequently, on September 15, 2008, in Presidential Determination No. 2008-28, the President included several countries to this list, including Pakistan. According to the Department of State, Pakistan is not currently on this list. |
| 10. |
Section 9001 of the Department of Defense Appropriations Act, 2000 (P.L. 106-79; U.S.C. 2799aa-1 note), authorizes the President with waiver authority of certain sanctions against Pakistan, including Section 620E. The waiver authority is terminated if Pakistan subsequently detonates a nuclear explosive device or takes other similar actions. |