22 U.S.C. § 8441 — Strategy reports

Page 2066 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8441 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. Section 1208 of the Ronald W. Reagan National De- fense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), referred to in subsec. (c)(4), is not classified to the Code. Section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578), referred to in subsec. (c)(6), is not classified to the Code. SUBCHAPTER III—STRATEGY, ACCOUNT- ABILITY, MONITORING, AND OTHER PRO- VISIONS § 8441. Strategy reports (a) Pakistan assistance strategy report Not later than 45 days after October 15, 2009, the Secretary of State shall submit to the ap- propriate congressional committees a report de- scribing United States policy and strategy with respect to assistance to Pakistan under this chapter. The report shall include the following: (1) A description of the principal objectives of United States assistance to Pakistan to be provided under subchapter I of this chapter. (2) A general description of the specific pro- grams, projects, and activities designed to achieve the purposes of section 8411 of this title and the respective funding levels for such programs, projects, and activities for fiscal years 2010 through 2014. (3) A plan for program monitoring, oper- ations research, and impact evaluation re- search for assistance authorized under sub- chapter I of this chapter. (4) A description of the role to be played by Pakistani national, regional, and local offi- cials and members of Pakistani civil society and local private sector, civic, religious, and tribal leaders in helping to identify and imple- ment programs and projects for which assist- ance is to be provided under this chapter, and of consultations with such representatives in developing the strategy. (5) A description of the steps taken, or to be taken, to ensure assistance provided under this chapter is not awarded to individuals or entities affiliated with terrorist organizations. (6) A projection of the levels of assistance to be provided to Pakistan under this chapter, broken down into the following categories as described in the annual ‘‘Report on the Cri- teria and Methodology for Determining the Eligibility of Candidate Countries for Millen- nium Challenge Account Assistance’’: (A) Civil liberties. (B) Political rights. (C) Voice and accountability. (D) Government effectiveness. (E) Rule of law. (F) Control of corruption. (G) Immunization rates. (H) Public expenditure on health. (I) Girls’ primary education completion rate. (J) Public expenditure on primary edu- cation. (K) Natural resource management. (L) Business start-up. (M) Land rights and access. (N) Trade policy. (O) Regulatory quality. (P) Inflation control. (Q) Fiscal policy. (7) An analysis for the suitable replacement for existing Pakistani helicopters, including recommendations for sustainment and train- ing. (b) Comprehensive regional strategy report (1) Sense of Congress It is the sense of Congress that the achieve- ment of United States national security goals to eliminate terrorist threats and close safe havens in Pakistan requires the development of a comprehensive plan that utilizes all ele- ments of national power, including in coordi- nation and cooperation with other concerned governments, and that it is critical to Paki- stan’s long-term prosperity and security to strengthen regional relationships among India, Pakistan, and Afghanistan. (2) Comprehensive regional security strategy The President shall develop a comprehensive interagency regional security strategy to eliminate terrorist threats and close safe ha- vens in Pakistan, including by working with the Government of Pakistan and other rel- evant governments and organizations in the region and elsewhere, as appropriate, to best implement effective counterinsurgency and counterterrorism efforts in and near the bor- der areas of Pakistan and Afghanistan, includ- ing the FATA, the NWFP, parts of Balochistan, and parts of Punjab. (3) Report (A) In general Not later than 180 days after October 15, 2009, the President shall submit to the ap- propriate congressional committees a report on the comprehensive regional security strategy required under paragraph (2). (B) Contents The report shall include a copy of the com- prehensive regional security strategy, in- cluding specifications of goals, and proposed timelines and budgets for implementation of the strategy. (C) Appropriate congressional committees defined In this paragraph, the term ‘‘appropriate congressional committees’’ means— (i) the Committee on Appropriations, the Committee on Armed Services, the Com- mittee on Foreign Affairs, and the Perma- nent Select Committee on Intelligence of the House of Representatives; and (ii) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. (c) Security-related assistance plan Not later than 180 days after October 15, 2009, the Secretary of State shall submit to the ap- Page 2067 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8442 propriate congressional committees a plan for the proposed use of amounts authorized for secu- rity-related assistance for each of the fiscal years 2010 through 2014. Such plan shall include an assessment of how the use of such amounts complements or otherwise is related to amounts described in section 8424 of this title. (Pub. L. 111–73, title III, § 301, Oct. 15, 2009, 123 Stat. 2075.) Executive Documents DELEGATION OF A REPORTING AUTHORITY Memorandum of President of the United States, Apr. 7, 2010, 75 F.R. 19533, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 301 of the Enhanced Partnership with Pakistan Act of 2009, Public Law 111–73, to make the specified report to the Congress. You are authorized and directed to notify the appro- priate congressional committees and publish this memorandum in the Federal Register. BARACK OBAMA. § 8442. Monitoring reports (a) Semi-annual monitoring report Not later than 180 days after the submission of the Pakistan Assistance Strategy Report pursu- ant 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 appro- priate 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 pro- gram, project, and activity, as well as by geo- graphic 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 ac- tivity for which funds were made available; (2) a list of persons or entities from the United States or other countries that have re- ceived 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 nec- essary to avoid a security risk, and a justifica- tion for the classification; (3) with respect to the plan described in sec- tion 8441(a)(3) of this title, updates to such plan and a description of best practices to im- prove the impact of the assistance authorized under subchapter I of this chapter; (4) an assessment of the effectiveness of as- sistance provided under subchapter I of this chapter during the period covered by the re- port in achieving desired objectives and out- comes as guided by the plan described in sec- tion 8441(a)(3) of this title, and as updated pur- suant to paragraph (3) of this subsection, in- cluding 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, in- cluding 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 ap- propriated pursuant to section 8412 that were used during the reporting period for adminis- trative expenses or for audits and program re- views pursuant to the authority under sec- tions 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 dur- ing the period covered by the report, the pur- poses 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 ter- rorist groups; (E) prevent attacks into neighboring coun- tries; (F) increase oversight over curriculum in madrassas, including closing madrassas with direct links to the Taliban or other extrem- ist 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 ef- forts to prevent proliferation of nuclear-re- lated material and expertise; (13) an assessment of whether assistance pro- vided 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 oth- erwise be spent for programs and activities un- related to its nuclear weapons program;