22 U.S.C. § 8423 — Limitations on certain assistance

Page 2063 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8423 amounts authorized to be made available to carry out paragraph (2) for fiscal years 2010 and 2011 are authorized to be made available notwithstanding any other provision of law. (4) Definitions In this section, the terms ‘‘defense articles’’, ‘‘defense services’’, and ‘‘military education and training’’ have the meaning given such terms in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). (c) Sense of Congress It is the sense of Congress that the United States should facilitate Pakistan’s establish- ment of a program to provide reconstruction as- sistance, including through Pakistan’s military as appropriate, in areas damaged by combat op- erations. (d) Exchange program between military and ci- vilian personnel of Pakistan and certain other countries (1) In general The Secretary of State is authorized to es- tablish an exchange program between— (A) military and civilian personnel of Pakistan; and (B)(i) military and civilian personnel of countries determined by the Secretary of State to be in the process of consolidating and strengthening a democratic form of gov- ernment; or (ii) military and civilian personnel of North Atlantic Treaty Organization member countries, in order to foster greater mutual respect for and understanding of the principle of civilian rule of the military. (2) Elements of program The program authorized under paragraph (1) may include conferences, seminars, exchanges, and other events, distribution of publications and reimbursements of expenses of foreign military personnel participating in the pro- gram, including transportation, translation and administrative expenses. (3) Role of nongovernmental organizations Amounts authorized to be appropriated to carry out this section for a fiscal year are au- thorized to be made available for nongovern- mental organizations to facilitate the imple- mentation of the program authorized under paragraph (1). (4) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fis- cal years 2010 through 2014 to carry out the program established by this subsection. (Pub. L. 111–73, title II, § 202, Oct. 15, 2009, 123 Stat. 2069.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of the Act is classified generally to part V (§ 2347 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The second section 620J of the Foreign Assistance Act of 1961 (as added by Public Law 110–161), referred to in subsec. (b), which is classified to section 2378d of this title, was renumbered section 620M of the Foreign As- sistance Act of 1961 by Pub. L. 112–74, div. I, title VII, § 7034(k)(1), Dec. 23, 2011, 125 Stat. 1216. § 8423. Limitations on certain assistance (a) Limitation on security-related assistance 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) Limitation on arms transfers For fiscal years 2012 through 2014, no letter of offer to sell major defense equipment to Paki- stan 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 di- rection of the President, makes the certification required under subsection (c) for such fiscal year. (c) Certification The certification required by this subsection is a certification by the Secretary of State, under the direction of the President, to the ap- propriate congressional committees that— (1) the Government of Pakistan is con- tinuing to cooperate with the United States in efforts to dismantle supplier networks relat- ing to the acquisition of nuclear weapons-re- lated materials, such as providing relevant in- formation from or direct access to Pakistani nationals associated with such networks; (2) the Government of Pakistan during the preceding fiscal year has demonstrated a sus- tained commitment to and is making signifi- cant efforts towards combating terrorist groups, consistent with the purposes of assist- ance described in section 8421 of this title, in- cluding taking into account the extent to which the Government of Pakistan has made progress on matters such as— (A) ceasing support, including by any ele- ments within the Pakistan military or its intelligence agency, to extremist and ter- rorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neigh- boring countries; (B) preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar- e-Taiba and Jaish-e-Mohammed, from oper- ating 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 intel- ligence about high-level terrorist targets; and Page 2064 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8424 1 So in original. (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) Certain payments (1) In general 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 estab- lished 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 Paki- stan 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 Paki- stan 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 Paki- stan on September 30, 2006. (2) Exception Funds appropriated for security-related as- sistance 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) Waiver (1) In general 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 deter- mines that is important to the national secu- rity interests of the United States to do so. (2) Prior notice of waiver The Secretary of State, under the direction of the President, may not exercise the author- ity of paragraph (1) until 7 days after the Sec- retary of State provides to the appropriate congressional committees a written notice of the intent to issue to waiver 1 and the reasons therefor. The notice may be submitted in clas- sified or unclassified form, as necessary. (f) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional 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. (Pub. L. 111–73, title II, § 203, Oct. 15, 2009, 123 Stat. 2071.) 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 Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 8424. Pakistan Counterinsurgency Capability Fund (a) For fiscal year 2010 (1) In general For fiscal year 2010, the Department of State’s Pakistan Counterinsurgency Capa- bility Fund established under the Supple- mental Appropriations Act, 2009 (Public Law 111–32), hereinafter in this section referred to as the ‘‘Fund’’, shall consist of the following: (A) Amounts appropriated to carry out this subsection (which may not include any amounts appropriated to carry out sub- chapter I of this chapter). (B) Amounts otherwise available to the Secretary of State to carry out this sub- section. (2) Purposes of Fund Amounts in the Fund made available to carry out this subsection for any fiscal year are authorized to be used by the Secretary of State, with the concurrence of the Secretary of Defense, to build and maintain the counterinsurgency capability of Pakistan under the same terms and conditions (except as otherwise provided in this subsection) that are applicable to amounts made available under the Fund for fiscal year 2009. (3) Transfer authority (A) In general The Secretary of State is authorized to transfer amounts in the Fund made avail- able to carry out this subsection for any fis- cal year to the Department of Defense’s Pakistan Counterinsurgency Fund estab- lished under the Supplemental Appropria- tions Act, 2009 (Public Law 111–32) and such amounts may be transferred back to the Fund if the Secretary of Defense, with the concurrence of the Secretary of State, deter- mines that such amounts are not needed for the purposes for which initially transferred. (B) Treatment of transferred funds Subject to subsections (d) and (e) of sec- tion 8423 of this title, transfers from the