From my notes: this is a summary of the major Pakistan-related provisions I’ve found in this year’s crop of authorization and appropriations bills (most of which are still midway through the committee process). I’ll do a separate Afghanistan-related provisions roundup at a later date, and may update this post as the legislative process advances.
Not yet included in here are various independent bills proposed on Pakistan aid (such as those introduced by Rep. Rohrabacher or Sen. Rand), which have a very limited chance of passing on their own (though they might come up in the form of an amendment during full debate on some of these bills).
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Senate Defense Authorization (Passed Committee on May 24) (Press Release Summary)
No full text available yet, but per the committee press release:
- “Authorizes $1.75 billion in Coalition Support Funds to reimburse cooperating nations supporting the effort in Afghanistan, but limits the availability of such funds to reimburse Pakistan until the Secretary of Defense certifies that Pakistan meets certain criteria, including not supporting or providing safe haven to insurgents attacking U.S., Afghan, and coalition forces in Afghanistan, and not imprisoning Dr. Shakil Afridi, the doctor who helped locate Osama Bin Laden. The Secretary of Defense may waive these certification requirements if in the U.S. national security interest. The provision also makes clear that no Coalition Support Fund payments may be made to reimburse Pakistan for claims relating to the period when the lines of supply through Pakistan to Afghanistan remain closed.”
House Defense Authorization (H.R. 4310) (Passed full House on May 18) (Full Bill Text)
Coalition Support Fund-Specific Provisions: Reduces overall funding authorization for Coalition Support Funds for FY2013 to $1.65B (down from $1.69B in FY2012), and specifically caps Pakistan’s share of CSF money at $650M.
Further restricts the release of any CSF money to Pakistan pending a report from the Department of Defense on Pakistani restrictions on supply routes and the cost difference to the U.S. before and after routes were closed. Also requires the Secretary of Defense to certify that Pakistan is:
- supporting “counterterrorism operations against Al Qaeda, its associated movements, the Haqqani network, and other domestic and foreign terrorist organizations”;
- cooperating against the proliferation of improvised explosive device precursors and nuclear-related material;
- “issuing visas in a timely manner for U.S. visitors engaged in counterterrorism efforts and assistance programs in Pakistan”.
No waiver on this certification is provided. (Pg 528-531, Section 1211)
Pakistan Counterinsurgency Fund-Specific Provisions: Does not alter authorization levels from FY12 levels, but updates and reaffirms a restriction against the release of any more than 10% (down from 40% in FY2012) of Pakistan Counterinsurgency Funds until the Secretaries of Defense and State submit a report previously mandated in the FY2012 Defense Authorization Act (PL 112-81, Section 1220) that outlines U.S. strategy for the use of the fund, gaps in capabilities in Pakistani forces that the fund will help address, and Pakistani cooperation against IEDs. (Pg 546, Section 1217)
Contracting Restrictions: Modifies a previous provision in the FY2010 Defense Authorization Act (PL 111-84, Section 801) that allowed the Secretary of Defense to circumvent normal contracting competition regulations for the provision of goods or services to support logistics in support of operations in Afghanistan, by barring such contracts in Pakistan until ground supply routes are reopened. (Pg 304-306, Section 821d)
Senate Defense Appropriations
No bill released yet.
House Defense Appropriations (H.R. 5856) (Passed Committee on May 17) (Full Bill Text)
Coalition Support Fund-Specific Provisions:No Pakistan-specific funding levels are set (the money itself is derived from the overall operations and maintenance account), but prior to the release or reprogramming of any money for CSF payments to Pakistan, the Secretaries of Defense and State must certify:
- Pakistani cooperation against “the Haqqani network, Quetta Shura Taliban, Lashkar-e-Taiba, Jaish-e-Mohammad, Al Qaeda, and other domestic and foreign terrorist organizations”;
- that Pakistan’s military is “not supporting terrorist activities against U.S. or coalition forces in Afghanistan”
- that the government is “implement policies to protect judicial independence and due process of law” and that the military “are not intervening extra-judicially into political and judicial processes in Pakistan”;
- Pakistan cooperation in halting the proliferation of improvised explosive device precursors and nuclear-related material;
- that Pakistan is “issuing visas in a timely manner for U.S. visitors engaged in counterterrorism efforts”;
- and that the government is “providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict”.
No waiver provision is offered on this certification. (Pg 151-152, Section 9015)
Senate / House Foreign Authorization
No bills released yet.
Senate Foreign Appropriations (S.3241) (Passed Committee on May 24) (Full Bill Text)
Assistance Funding: $800.35M in total Pakistan-specific assistance is appropriated in the base budget: $375M for Economic Support Funds, $100M for International Narcotics Control and Law Enforcement, $250M for Foreign Military Financing, and $50M for the Pakistan Counterinsurgency Capability Fund. (Pg 203-204) An additional maximum of $100M in ESF is available for appropriation to Pakistan through the Overseas Contingency Operations account. (Pg 276) Country-specific appropriations levels are not specified for other major accounts (i.e. Health, Development Assistance, etc).
Operations and Maintenance Funding: State Department operations spending in Pakistan is capped at $29.97M. (Pg 5) USAID operations spending in Pakistan is capped at $37M. (Pg 23) The Secretary of State is granted a waiver power to circumvent these funding ceilings in the event of “extraordinary, unanticipated contingencies” provided s/he reports to the committee that doing so is “important to the national interest of the United States”. Through the Overseas Contingency Operations account, the State Department is granted an additional maximum of $154.49M in operations funding for Pakistan, and USAID $5M, any portion of which can in turn be reprogrammed to other accounts. (Pg 273, 275)
Pakistan Counterinsurgency Capability Fund-Specific Provisions: Prior to PCCF money release, certification by the Secretary of State is required that “the government of Pakistan has reopened overland cargo routes available to support US and NATO troops in Afghanistan” and that PCCF funds “can be used efficiently and effectively by the end of the fiscal year”. Unused PCCF money can be transferred to other accounts. (Pg 58-59)
Foreign Military Financing-Specific Provisions: $33M in FMF money is withheld pending a report from the Secretary of State that Dr. Shakil Afridi “has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden”. (Pg 204)
Certification Requirements: Prior to the release of any money for ESF, PCCF, FMF, or INCLE accounts, the Secretary of State must certify:
- Pakistani cooperation against “the Haqqani network, Quetta Shura Taliban, Lashkar-e-Taiba, Jaish-e-Mohammad, Al Qaeda, and other domestic and foreign terrorist organizations”;
- that Pakistan’s military is “not supporting terrorist activities against U.S. or coalition forces in Afghanistan”
- that the government is “implement policies to protect judicial independence and due process of law” and that the military “are not intervening extra-judicially into political and judicial processes in Pakistan”;
- Pakistan cooperation in halting the proliferation of improvised explosive device precursors and nuclear-related material;
- that Pakistan is “issuing visas in a timely manner for U.S. visitors engaged in counterterrorism efforts”;
- and that the government is “providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict”.
These certifications (effectively identical to those on Coalition Support Funds specified in the House Defense Appropriations bill noted above) can be waived by the Secretary of State “if it is important to the national security interests of the United States”. (Pg 200-202)
Reporting Requirements: Within 45 days of passage, State, USAID, and Treasury must submit “a detailed spend plan” for funds appropriated. (Pg 250-251) This should include “achievable and sustainable goals, benchmarks for measuring progress, and expected results”. Every six months after submission, the Secretary of State must submit a progress report.
House Foreign Appropriations (Passed Committee May 17) (Full Bill Text)
Funding Levels: Unlike the Senate version, the House bill does not set Pakistan-specific levels for any of the major funding accounts. On the major accounts noted in the Senate version, it appropriates less overall than the Senate’s base budget: $2.9B in Economic Support Funds (compared to $4.5B in Senate); $1.06B in International Narcotics Control and Law Enforcement Funds (compared to $1.4B in Senate); and $5.2B in Foreign Military Financing (compared to $5.8B in Senate). No money appears to be specifically appropriated for the Pakistan Counterinsurgency Capability Fund.
Pakistan-specific funding would presumably be forced to shrink from the levels set by the Senate in the event that these account funding ceilings pass in the final legislation. But the House does appropriate more money through the Overseas Contingency Operation account for State and USAID: for operations spending, approximately $3B compared to $1.5B in Senate, and considerably more in the bilateral assistance fund accounts, $5.15B compared to only $600M in Senate.
Certification and Reporting Requirements: The House bill provides essentially identical certification and reporting requirements as the Senate version and the House Defense Appropriations bill, but does not include the specific PCCF and FMF conditions noted in the Senate Foreign Approps bill. (Pg 157-160)