Sec. 1214. Reimbursement of Pakistan for security enhancement activities
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The Secretary of Defense is authorized to reimburse Pakistan for certain activities meant to enhance the security situation in the northwest regions of Pakistan, including the Federally Administered Tribal Areas and Khyber Pakhtunkhwa. Reimbursement under the authority of this subsection may be provided from amounts available to the Department of Defense for the Security Cooperation Enhancement Fund under section 381 of title 10, United States Code (as added by subtitle G of this title). This section may be referred to as the Pakistan Security Enhancement Authorization . Reimbursement may be provided under the authority in subsection
(a)for activities as follows: Counterterrorism activities in the Federally Administered Tribal Areas and Khyber Pakhtunkhwa, including the following: Eliminating infrastructure, training areas, and sanctuaries used by terrorist groups, and preventing the establishment of new or additional infrastructure, training areas, and sanctuaries. Direct action against individuals that are involved in or supporting terrorist activities. Any other activity recognized by the Secretary of Defense as a counterterrorism activity for purposes of this subsection. Border security activities along the Afghanistan-Pakistan border, including the following: Building and maintaining border outposts. Strengthening cooperative efforts between the Pakistan military and the Afghan National Defense and Security Forces, including border security cooperation. Maintaining access to and securing key ground lines of communication. Providing training and equipment for the Pakistan Frontier Corps Khyber Pakhtunkhwa. Improving interoperability between the Pakistan military and the Pakistan Frontier Corps Khyber Pakhtunkhwa. Funds available under the authority in subsection
(a)may not be used for reimbursement for any activities described in subsection
(b)during any period of time when the ground lines of communication through Pakistan to Afghanistan were closed to the transshipment of equipment and supplies in support of United States military operations in Afghanistan and the retrograde of United States equipment out of Afghanistan. The Secretary may waive the limitation in paragraph
(1)if the Secretary of Defense certifies to the congressional defense committees in writing that the waiver is in the national security interests of the United States and includes with such certification a justification for the waiver. The total amount of reimbursements made under the authority in subsection
(a)during fiscal year 2017 may not exceed $800,000,000. The Secretary may not enter into any contractual obligation to make a reimbursement under the authority in paragraph (1). Of the funds available under the authority in subsection (a), $300,000,000 shall not be available for use as reimbursement described in that subsection unless the Secretary of Defense certifies to the congressional defense committees that the Government of Pakistan is taking demonstrable actions— to significantly disrupt the safe haven and freedom of movement of the Haqqani Network in Pakistan; to prevent the Haqqani Network from using Pakistan territory as a safe haven; and to actively coordinate with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan-Pakistan border. Reimbursement authorized by the authority in subsection
(a)may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the activities undertaken. Not later than December 31, 2017, the Secretary of Defense shall submit to the congressional defense committees a report on the expenditure of funds under the authority in subsection (a), including a description of the following: The purpose for which such funds were expended. Each organization on whose behalf such funds were expended, including the amount expended on such organization and the number of members of such organization supported by such amount. Any limitation imposed on the expenditure of funds under subsection (a), including on any recipient of funds or any use of funds expended. Except as provided in paragraph (2), the Secretary of Defense shall notify the congressional defense committees not later than 15 days before making any reimbursement under the authority in subsection (a). The requirement to provide notice under paragraph
(1)shall not apply with respect to reimbursement for access based on an international agreement. Each notification under paragraph
(1)shall include an itemized description of the activities conducted by the Government of Pakistan for which the United States will provide reimbursement. Each notification under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. The Secretary of Defense shall submit to the congressional defense committees, in the manner specified in paragraph (2), an itemized description of the costs claimed by the Government of Pakistan for activities specified in subsection
(b)provided by Government of Pakistan to the United States for which the United States will disallow or defer reimbursement to the Government of Pakistan under the authority in subsection (a). To the maximum extent practicable, the Secretary shall submit each itemized description of costs required by paragraph
(1)not later than 180 days after the date on which a decision to disallow or defer reimbursement for the costs claimed is made. Each itemized description of costs under subparagraph
(A)shall be submitted in an unclassified form, but may include a classified annex.