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. Current Law

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. National Defense Authorization Act for Fiscal Year 2013—H.R. 112-239)

H.R. 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. The Secretary may waive these certification requirements for U.S. national security reasons. 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 President signed in into law ( P.L. Of the funds appropriated under this heading for assistance for Afghanistan and Pakistan, 
assistance may be provided for cross border stabilization and development programs between Afghanistan and Pakistan; funds appropriated by this act for assistance for Afghanistan and Pakistan may be made available for government-to-government assistance only if the Secretary of State certifies to the Committees on Appropriations that the U.S. government 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; any such cash transfer assistance shall be subject to prior consultation with the Committees on Appropriations; the Secretary of State should suspend any such cash transfer assistance to an implementing agency if the Secretary has credible evidence of misuse of such funds by any such agency; any decision to significantly modify the scope, objectives, or implementation mechanisms of United States assistance programs in Afghanistan or Pakistan shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that the prior consultation requirement may be waived if it is determined that failure to do so would pose a substantial risk to human health or welfare; in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than three days after taking the action to which such consultation requirement was applicable; and of the funds made available under this heading for assistance for Pakistan, $2 million shall be transferred to, and merged with, funds available under the heading "Administration of Foreign Affairs, Office of Inspector General" for oversight of programs in Pakistan. The Secretary of Defense may waive this for vital U.S. national security interests. Pending Legislation in the 113th Congress

Some Members of the 113 th 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. The certification must be transmitted by the President to Congress. 111-73 ) by
withholding amounts appropriated for assistance to Pakistan unless the Secretary of State annually certifies for Congress that assistance has to date made or is making measurable progress toward achieving the principal objectives of U.S. assistance to Pakistan contained in the Pakistan Assistance Strategy Report and a memorandum explaining the reasons justifying the certification; removing the EPPA's national security waiver; and altering some of the EPPA's Section 203 limitations on security assistance and arms transfers, including adding to required certification criteria that Pakistan (1) is fully assisting the United States with investigating the existence of an official or unofficial support network in Pakistan for Osama bin Laden, including by providing the United States with direct access to Osama bin Laden's relatives in Pakistan and to Osama bin Laden's former compound in Abbottabad and any materials therein; and (2) is facilitating the issuance of entry and exit visas for official U.S. visitors engaged in counterterrorism efforts and training or other cooperative programs and projects in Pakistan. Section 2 of the bill would prohibit all U.S. aid to Pakistan except aid that would ensure the security of nuclear weapons. The House version contains restrictions and reporting requirements regarding aid to Pakistan.
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.