Reporting to Congress on assistance programs

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1. Money follows the justification

Assistance funds are spent against a justification given to Congress each year, and Part III of the Foreign Assistance Act makes departures from it visible. Five provisions do most of the work: a notice rule for program changes, a rule that halts spending when oversight requests go unanswered, and three recurring reports. How appropriations are notified in the first place is covered in how FMF is appropriated and notified.

2. Fifteen days notice of a change

Section 634A is the reprogramming rule. It covers funds appropriated under the Act or the Arms Export Control Act. They may not be obligated for activities, programs, projects, types of materiel assistance, countries or other operations not justified to Congress, or above the amount justified, without notice (22 U.S.C. 2394-1(a)). The notice goes to the Senate Committee on Foreign Relations, the House Committee on Foreign Affairs and both appropriations committees, fifteen days before the obligation. A few categories, such as disaster relief, are excluded.

Larger changes need more detail. "Whenever a proposed reprograming exceeds $1,000,000 and the total amount proposed for obligation for a country under this chapter in a fiscal year exceeds by more than $5,000,000 the amount specified for that country" in the annual allocation report, the notice must state the nature and purpose of the obligation (22 U.S.C. 2394-1(a)). To the extent possible, it must also name the country that would otherwise have received the funds.

Two small changes are exempt. The first is an increase of no more than 10 percent over the justified amount for certain economic assistance activities. The second is reprogramming of less than $25,000 under two named parts for a country whose program was justified that year (22 U.S.C. 2394-1(b)). A further rule requires the President to notify the chairmen of the two foreign affairs committees of reprogramming in the international affairs budget function on the same terms as the appropriations committees (22 U.S.C. 2394-1(c)).

3. Unanswered oversight requests stop the money

Section 633A gives oversight bodies a practical lever. When the Government Accountability Office, or a congressional committee with jurisdiction, sends a written request for documents about the administration of the Act in a country or on a project, a clock starts. If the material is not furnished within thirty-five days, funds under the Act may not be used for that provision in that country or on that project (22 U.S.C. 2393a).

The bar lifts in one of two ways. Either the requested material is furnished, or the President certifies that he has forbidden its release and gives the reason (22 U.S.C. 2393a). Silence is not an option under the section.

The scope of a request is wide. It can cover "any document, paper, communication, audit, review, finding, recommendation, report, or other material" in the agency’s custody or control relating to the provision in that country or on that project (22 U.S.C. 2393a). The request is delivered to the office of the head of the agency carrying out the provision.

4. The annual military assistance report

"Not later than February 1 of each year, the President shall transmit to the Congress an annual report for the fiscal year ending the previous September 30" (22 U.S.C. 2415(a)). It shows the aggregate dollar value and quantity of defense articles, including excess articles, defense services and military education and training authorized and provided to each foreign country and international organization (22 U.S.C. 2415(b)).

The report separates the routes by which articles moved. It shows whether they were furnished by grant under the Act or other authority, or by sale under the Arms Export Control Act. It shows whether they were furnished with government financial assistance, including loans and guarantees. And it shows whether they were licensed for commercial export, with the articles actually exported that year (22 U.S.C. 2415(b)). Activities reportable under the intelligence oversight provisions of the National Security Act are excluded. The unclassified portions are published online by the Department of State (22 U.S.C. 2415(c)).

5. The foreign military training report

A second annual report covers training. "Not later than January 31 of each year, the Secretary of Defense and the Secretary of State shall jointly prepare and submit to the appropriate congressional committees a report" on all military training provided to foreign military personnel by both departments in the previous fiscal year, and all training proposed for the current year (22 U.S.C. 2416(a)(1)).

The content is detailed (22 U.S.C. 2416(b)). For each activity it gives the foreign policy justification and purpose, the number of personnel trained and their units, and the location. For each country it gives the total students trained and the total cost. For United States forces it gives the operational benefits and the units involved.

The report is unclassified with an optional classified annex, and the unclassified portions are published online (22 U.S.C. 2416(c) and 22 U.S.C. 2416(d)). NATO members and three other named allies are left out unless a committee asks in writing, at least 90 days before the deadline, for a country to be included (22 U.S.C. 2416(a)(2)).

6. Costs in support of United Nations resolutions

One reporting duty runs to the United Nations rather than Congress. Each year the President shall give the Secretary General data on the costs the Defense Department incurred in the preceding year in support of Security Council resolutions. The data are those reported to Congress under a 1998 appropriations provision (22 U.S.C. 2348d(a)). The President must also ask the United Nations to compile and publish the costs other members incur in support of those resolutions (22 U.S.C. 2348d(b)).

7. Why these reports matter to industry

The two annual reports are among the few public records of what was authorized and delivered, country by country and by route. The reprogramming rule explains why a change in a partner’s program can wait fifteen days before funds move. Training programs themselves are covered in authorities for international training.

Key terms

Reprogramming notice	Fifteen days advance notice to four committees before funds are used outside the justified program.
Section 633A request	A written request for documents from the GAO or a committee, which halts funds if unanswered in 35 days.
Section 655 report	The annual report due 1 February on military assistance and exports by country and route.
Foreign military training report	The joint annual report due 31 January on training provided and proposed.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Program changes can shift delivery schedules, and support on the ground has to adjust with them. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.