22 U.S.C. § 8442 — Monitoring reports

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; Page 2068 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8442 (14) a detailed description of the extent to which funds obligated and expended pursuant to section 8422(b) of this title meet the re- quirements of such section; and (15) an assessment of the extent to which the Government of Pakistan exercises effective ci- vilian control of the military, including a de- scription of the extent to which civilian execu- tive 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 stra- tegic guidance and planning, and military in- volvement 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 com- mittees a report that contains— (A) a review of, and comments addressing, the Pakistan Assistance Strategy Report; (B) recommendations relating to any addi- tional actions the Comptroller General be- lieves could help improve the efficiency and effectiveness of United States efforts to meet the objectives of this chapter; (C) a detailed description of the expendi- tures made by Pakistan pursuant to grant assistance under section 2763 of this title (re- lating to the Foreign Military Financing program); and (D) an assessment of the impact of the as- sistance 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 re- ports 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 Appropria- tions Act, 2009 (Public Law 111–32; 123 Stat. 1906 and 1907). (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Appropriations, the Committee on Armed Services, and the Com- mittee on Foreign Affairs of the House of Rep- resentatives; and (2) the Committee on Appropriations, the Committee on Armed Services, and the Com- mittee on Foreign Relations of the Senate. (Pub. L. 111–73, title III, § 302, Oct. 15, 2009, 123 Stat. 2077.) Editorial Notes REFERENCES IN TEXT Sections 1116 and 1117 of the Supplemental Appropria- tions Act, 2009 (Public Law 111–32; 123 Stat. 1906 and 1907), referred to in subsec. (c), are not classified to the Code. CHAPTER 92—COMPREHENSIVE IRAN SANC- TIONS, ACCOUNTABILITY, AND DIVEST- MENT Sec. 8501. Findings. SUBCHAPTER I—SANCTIONS 8511. Definitions. 8512. Economic sanctions relating to Iran. 8513. Mandatory sanctions with respect to finan- cial institutions that engage in certain transactions. 8513a. Imposition of sanctions with respect to the fi- nancial sector of Iran. 8513b. Expansion of, and reports on, mandatory sanctions with respect to financial institu- tions that engage in certain activities. 8514. Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran. 8514a. Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses. 8514b. Imposition of sanctions with respect to per- sons who engage in censorship or other re- lated activities against citizens of Iran. 8514c. Imposition of sanctions with respect to per- sons engaged in the diversion of goods in- tended for the people of Iran. 8515. Prohibition on procurement contracts with persons that export sensitive technology to Iran. 8516. Authority to implement United Nations Se- curity Council resolutions imposing sanc- tions with respect to Iran. 8517. Increased capacity for efforts to combat un- lawful or terrorist financing. 8518. Reports on investments in the energy sector of Iran. 8519. Reports on certain activities of foreign export credit agencies and of the Export-Import Bank of the United States. SUBCHAPTER II—DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN 8531. Definitions. 8532. Authority of State and local governments to divest from certain companies that invest in Iran. SUBCHAPTER III—PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECH- NOLOGIES TO IRAN 8541. Definitions. 8542. Identification of countries of concern with re- spect to the diversion of certain goods, serv- ices, and technologies to or through Iran. 8543. Destinations of Diversion Concern. 8544. Enforcement authority. SUBCHAPTER IV—GENERAL PROVISIONS 8551. General provisions. SUBCHAPTER V—MASIH ALINEJAD HARASSMENT AND UNLAWFUL TARGETING 8561. Findings. 8562. Definitions. 8563. Report and imposition of sanctions with re- spect to persons who are responsible for or complicit in abuses toward dissidents on be- half of the Government of Iran.