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22 U.S.C. § 8442Monitoring reports

submitted 17 years ago by Pub. L. 111-73 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,117 words · no verdicts yet

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The Secretary of State must send Congress a detailed report every 180 days on U.S. assistance to Pakistan, covering spending, recipients, effectiveness, waste, and Pakistan's counterterrorism and nuclear-security efforts. The Government Accountability Office must separately review the strategy report and check the President's certification about Pakistan. These reports can be combined with other required Pakistan-related reports.

(a) Semi-annual monitoring report. Starting 180 days after the Pakistan Assistance Strategy Report is submitted under section 8441(a), and every 180 days after that through September 30, 2014, the Secretary of State, working with the Secretary of Defense, must send the appropriate congressional committees a report covering assistance given during the past 180 days. It must include: (1) A description of all assistance by program, project, activity, and location under subchapter I during that period, including funding amounts; the first report must also cover all fiscal year 2009 assistance to Pakistan. (2) A list of people or organizations, from the U.S. or elsewhere, that received more than $100,000 for projects under subchapter I during the period — this list may be classified, with a justification, if needed for security. (3) Updates to the plan described in section 8441(a)(3), and a description of best practices for improving the assistance's impact. (4) An assessment of how effective the subchapter I assistance was at meeting its goals during the period, measured against the updated plan, using both qualitative and (where possible) quantitative measures, plus a completion timeline for each project and program. (5) A description of any shortage in U.S. financial, physical, technical, or staff resources that gets in the way of using or monitoring the funds effectively. (6) A description of any negative effects of U.S. assistance — including whether the region can actually absorb the resources — and recommendations to change the funding if needed. (7) Any reports or incidents of waste, fraud, or abuse involving subchapter I funds. (8) How much of the money authorized under section 8412 was spent during the period on administrative costs or on audits and program reviews under sections 8411(c)(2) and 8413. (9) A description of spending from any Chief of Mission Fund set up under section 8411(c)(5) during the period, what it was spent on, and a list of recipients who got more than $100,000 from that fund. (10) An accounting of assistance to Pakistan under subchapter I, broken into the categories listed in section 8441(a)(6). (11) An evaluation of Pakistan's government's efforts to: (A) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas; (B) eliminate safe havens for those groups in Pakistan; (C) close terrorist camps, including those run by Lashkar-e-Taiba and Jaish-e-Mohammed; (D) stop all support for extremist and terrorist groups; (E) prevent attacks into neighboring countries; (F) increase oversight of what's taught in madrassas, including closing ones directly linked to the Taliban or other extremist groups; and (G) improve counterterrorism financing and anti-money-laundering laws, apply for observer status with the Financial Action Task Force, and work toward joining the UN Convention for the Suppression of Financing of Terrorism. (12) A detailed account of Pakistan's efforts to stop the spread of nuclear-related material and know-how. (13) An assessment of whether U.S. assistance has directly or indirectly helped expand Pakistan's nuclear weapons program, whether by diverting U.S. aid or by freeing up Pakistani money that then went toward that program. (14) A detailed account of whether funds obligated and spent under section 8422(b) actually meet that section's requirements. (15) An assessment of how much civilian control Pakistan's government has over its military — including how much oversight civilian leaders and parliament exercise over military budgets, the chain of command, promotions of senior officers, strategic planning, and the military's role in civilian administration. (b) Government Accountability Office reports. (1) Within one year after the Pakistan Assistance Strategy Report is submitted under section 8441(a), the Comptroller General must send the appropriate congressional committees a report that reviews and comments on the strategy report, recommends any further steps to improve U.S. efforts under this chapter, details Pakistan's spending of Foreign Military Financing grant assistance under section 2763, and assesses the impact of the assistance on Pakistan's security and stability. (2) Within 120 days after the President makes the certification described in section 8423(c) for a fiscal year, the Comptroller General must independently analyze that certification and send the appropriate congressional committees a report with the results. (c) Combining reports. The Secretary of State may submit the reports this section requires together with other required Pakistan-related reports, including those under sections 1116 and 1117 of the Supplemental Appropriations Act, 2009. (d) Definition. In this section, "appropriate congressional committees" means the House Appropriations, Armed Services, and Foreign Affairs Committees, and the Senate Appropriations, Armed Services, and Foreign Relations Committees.
the actual law source: uscode.house.gov ↗public domain
(a) Semi-annual monitoring report

Not later than 180 days after the submission of the Pakistan Assistance Strategy Report pursuant to section 8441(a) of this title, and every 180 days thereafter through September 30, 2014, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report that describes the assistance provided under this chapter during the preceding 180-day period. The report shall include—

(1)

a description of all assistance by program, project, and activity, as well as by geographic area, provided pursuant to subchapter I of this chapter during the period covered by the report, including the amount of assistance provided for each program or project, and with respect to the first report a description of all amounts made available for assistance to Pakistan during fiscal year 2009, including a description of each program, project, and activity for which funds were made available;

(2)

a list of persons or entities from the United States or other countries that have received funds in excess of $100,000 to conduct projects under subchapter I of this chapter during the period covered by the report, which may be included in a classified annex, if necessary to avoid a security risk, and a justification for the classification;

(3)

with respect to the plan described in section 8441(a)(3) of this title, updates to such plan and a description of best practices to improve the impact of the assistance authorized under subchapter I of this chapter;

(4)

an assessment of the effectiveness of assistance provided under subchapter I of this chapter during the period covered by the report in achieving desired objectives and outcomes as guided by the plan described in section 8441(a)(3) of this title, and as updated pursuant to paragraph (3) of this subsection, including a systematic, qualitative, and where possible, quantitative basis for assessing whether desired outcomes are achieved and a timeline for completion of each project and program;

(5)

a description of any shortfall in United States financial, physical, technical, or human resources that hinder the effective use and monitoring of such funds;

(6)

a description of any negative impact, including the absorptive capacity of the region for which the resources are intended, of United States bilateral or multilateral assistance and recommendations for modification of funding, if any;

(7)

any incidents or reports of waste, fraud, and abuse of expenditures under subchapter I of this chapter;

(8)

the amount of funds authorized to be appropriated pursuant to section 8412 that were used during the reporting period for administrative expenses or for audits and program reviews pursuant to the authority under sections 8411(c)(2) and 8413 of this title;

(9)

a description of the expenditures made from any Chief of Mission Fund established pursuant to section 8411(c)(5) of this title during the period covered by the report, the purposes for which such expenditures were made, and a list of the recipients of any expenditures from the Chief of Mission Fund in excess of $100,000;

(10)

an accounting of assistance provided to Pakistan under subchapter I of this chapter, broken down into the categories set forth in section 8441(a)(6) of this title;

(11)

an evaluation of efforts undertaken by the Government of Pakistan to—

(A)

disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas;

(B)

eliminate the safe havens of such forces in Pakistan;

(C)

close terrorist camps, including those of Lashkar-e-Taiba and Jaish-e-Mohammed;

(D)

cease all support for extremist and terrorist groups;

(E)

prevent attacks into neighboring countries;

(F)

increase oversight over curriculum in madrassas, including closing madrassas with direct links to the Taliban or other extremist and terrorist groups; and

(G)

improve counterterrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task Force, and take steps to adhere to the United Nations International Convention for the Suppression of Financing of Terrorism;

(12)

a detailed description of Pakistan’s efforts to prevent proliferation of nuclear-related material and expertise;

(13)

an assessment of whether assistance provided to Pakistan has directly or indirectly aided the expansion of Pakistan’s nuclear weapons program, whether by the diversion of United States assistance or the reallocation of Pakistan’s financial resources that would otherwise be spent for programs and activities unrelated to its nuclear weapons program;

(14)

a detailed description of the extent to which funds obligated and expended pursuant to section 8422(b) of this title meet the requirements of such section; and

(15)

an assessment of the extent to which the Government of Pakistan exercises effective civilian control of the military, including a description of the extent to which civilian executive leaders and parliament exercise oversight and approval of military budgets, the chain of command, the process of promotion for senior military leaders, civilian involvement in strategic guidance and planning, and military involvement in civil administration.

(b) Government Accountability Office reports
(1) Pakistan Assistance Strategy Report

Not later than one year after the submission of the Pakistan Assistance Strategy Report pursuant to section 8441(a) of this title, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that contains—

(A)

a review of, and comments addressing, the Pakistan Assistance Strategy Report;

(B)

recommendations relating to any additional actions the Comptroller General believes could help improve the efficiency and effectiveness of United States efforts to meet the objectives of this chapter;

(C)

a detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 2763 of this title (relating to the Foreign Military Financing program); and

(D)

an assessment of the impact of the assistance on the security and stability of Pakistan.

(2) Certification report

Not later than 120 days after the date on which the President makes the certification described in section 8423(c) of this title for a fiscal year, the Comptroller General of the United States shall conduct an independent analysis of the certification described in such section and shall submit to the appropriate congressional committees a report containing the results of the independent analysis.

(c) Submission

The Secretary of State may submit the reports required by this section in conjunction with other reports relating to Pakistan required under other provisions of law, including sections 1116 and 1117 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1906 and 1907).

(d) Appropriate congressional committees defined

In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and

(2)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.

Source credit: (Pub. L. 111–73, title III, § 302, Oct. 15, 2009, 123 Stat. 2077.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-73 · 123 Stat. 2077

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-73 on 2009-10-15.

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