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

(a) For fiscal years 2011 through 2014, security-related assistance^* may not be provided to Pakistan in a fiscal year until the Secretary of State, under the President's direction, makes the subsection (c) certification for that fiscal year.

(b) For fiscal years 2012 through 2014, no letter of offer to sell major defense equipment^* to Pakistan may be issued under the Arms Export Control Act (22 U.S.C. 2751 and following), and no license to export major defense equipment to Pakistan may be issued under that Act, until the Secretary of State, under the President's direction, makes the subsection (c) certification for that fiscal year.

(c) The Secretary of State, under the President's direction, must certify to the appropriate congressional committees that—

(1) Pakistan's Government continues to cooperate with the United States in efforts to dismantle supplier networks connected to obtaining materials related to nuclear weapons, including by providing relevant information from, or direct access to, Pakistani nationals associated with those networks;

(2) during the preceding fiscal year, Pakistan's Government showed a sustained commitment to and made significant efforts toward fighting terrorist groups, consistent with the purposes of assistance described in section 8421 of this title, including considering its progress on—

(A) ending support, including support by any part of Pakistan's military or intelligence agency, for extremist and terrorist groups, especially groups that attacked United States or coalition forces in Afghanistan or 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 Pakistan, including conducting cross-border attacks into neighboring countries; closing terrorist camps in the Federally Administered Tribal Areas (FATA^*); dismantling terrorist bases of operations elsewhere in Pakistan, including Quetta and Muridke; and taking action when given intelligence about high-level terrorist targets; and

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

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

(d) (1) Subject to paragraph (2), funds appropriated for security-related assistance for fiscal years 2010 through 2014, and amounts appropriated to the Pakistan Counterinsurgency^* Capability Fund established under the Supplemental Appropriations Act, 2009 (Public Law 111–32), may not be obligated or spent for payments relating to—

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

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

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

(2) Security-related-assistance funds appropriated for fiscal years 2010 through 2014 may be used for construction and related activities carried out under those three letters.

(e) (1) The Secretary of State, under the President's direction, may waive the limits in subsections (a), (b), and (d) for a fiscal year if the Secretary decides that doing so is important to the national-security interests of the United States.

(2) The Secretary may not use that waiver authority until seven days after providing the appropriate congressional committees a written notice of the intent to issue the waiver and the reasons for it. The notice may be classified or unclassified as necessary.

(f) “Appropriate congressional committees” means—

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

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