[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                         June 28, 2016.
    Resolved, That the bill from the House of Representatives (H.R. 
3766) entitled ``An Act to direct the President to establish guidelines 
for United States foreign development and economic assistance programs, 
and for other purposes.'', do pass with the following

                              AMENDMENTS:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Aid Transparency and 
Accountability Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Evaluation.--The term ``evaluation'' means, with 
        respect to a covered United States foreign assistance program, 
        the systematic collection and analysis of information about the 
        characteristics and outcomes of the program, including projects 
        conducted under such program, as a basis for--
                    (A) making judgments and evaluations regarding the 
                program;
                    (B) improving program effectiveness; and
                    (C) informing decisions about current and future 
                programming.
            (3) Covered united states foreign assistance.--The term 
        ``covered United States foreign assistance'' means assistance 
        authorized under--
                    (A) part I of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2151 et seq.), except for--
                            (i) title IV of chapter 2 of such part 
                        (relating to the Overseas Private Investment 
                        Corporation); and
                            (ii) chapter 3 of such part (relating to 
                        International Organizations and Programs);
                    (B) chapter 4 of part II of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2346 et seq.; relating to 
                Economic Support Fund);
                    (C) the Millennium Challenge Act of 2003 (22 U.S.C. 
                7701 et seq.); and
                    (D) the Food for Peace Act (7 U.S.C. 1721 et seq.).

SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE 
              PROGRAMS.

    (a) Purposes.--The purposes of this section are to--
            (1) evaluate the performance of covered United States 
        foreign assistance and its contribution to the policies, 
        strategies, projects, program goals, and priorities undertaken 
        by the Federal Government;
            (2) support and promote innovative programs to improve 
        effectiveness; and
            (3) coordinate the monitoring and evaluation processes of 
        Federal departments and agencies that administer covered United 
        States foreign assistance.
    (b) Establishment of Guidelines.--Not later than 18 months after 
the date of the enactment of this Act, the President shall set forth 
guidelines, according to best practices of monitoring and evaluation 
studies and analyses, for the establishment of measurable goals, 
performance metrics, and monitoring and evaluation plans that can be 
applied with reasonable consistency to covered United States foreign 
assistance.
    (c) Objectives of Guidelines.--
            (1) In general.--The guidelines established pursuant to 
        subsection (b) shall provide direction to Federal departments 
        and agencies that administer covered United States foreign 
        assistance on--
                    (A) monitoring the use of resources;
                    (B) evaluating the outcomes and impacts of covered 
                United States foreign assistance projects and programs; 
                and
                    (C) applying the findings and conclusions of such 
                evaluations to proposed project and program design.
            (2) Objectives.--The guidelines established pursuant to 
        subsection (b) shall provide direction to Federal departments 
        and agencies that administer covered United States foreign 
        assistance on how to--
                    (A) establish annual monitoring and evaluation 
                objectives and timetables to plan and manage the 
                process of monitoring, evaluating, analyzing progress, 
                and applying learning toward achieving results;
                    (B) develop specific project monitoring and 
                evaluation plans, including measurable goals and 
                performance metrics, and to identify the resources 
                necessary to conduct such evaluations, which should be 
                covered by program costs;
                    (C) apply rigorous monitoring and evaluation 
                methodologies to such programs, including through the 
                use of impact evaluations, ex-post evaluations, or 
                other methods, as appropriate, that clearly define 
                program logic, inputs, outputs, intermediate outcomes, 
                and end outcomes;
                    (D) disseminate guidelines for the development and 
                implementation of monitoring and evaluation programs to 
                all personnel, especially in the field, who are 
                responsible for the design, implementation, and 
                management of covered United States foreign assistance 
                programs;
                    (E) establish methodologies for the collection of 
                data, including baseline data to serve as a reference 
                point against which progress can be measured;
                    (F) evaluate, at least once in their lifetime, all 
                programs whose dollar value equals or exceeds the 
                median program size for the relevant office or bureau 
                or an equivalent calculation to ensure the majority of 
                program resources are evaluated;
                    (G) conduct impact evaluations on all pilot 
                programs before replicating, or conduct performance 
                evaluations and provide a justification for not 
                conducting an impact evaluation when such an evaluation 
                is deemed inappropriate or impracticable;
                    (H) develop a clearinghouse capacity for the 
                collection, dissemination, and preservation of 
                knowledge and lessons learned to guide future programs 
                for United States foreign assistance personnel, 
                implementing partners, the donor community, and aid 
                recipient governments;
                    (I) internally distribute evaluation reports;
                    (J) publicly report each evaluation, including an 
                executive summary, a description of the evaluation 
                methodology, key findings, appropriate context, 
                including quantitative and qualitative data when 
                available, and recommendations made in the evaluation 
                within 90 days after the completion of the evaluation;
                    (K) undertake collaborative partnerships and 
                coordinate efforts with the academic community, 
                implementing partners, and national and international 
                institutions, as appropriate, that have expertise in 
                program monitoring, evaluation, and analysis when such 
                partnerships provide needed expertise or significantly 
                improve the evaluation and analysis;
                    (L) ensure verifiable, reliable, and timely data, 
                including from local beneficiaries and stakeholders, 
                are available to monitoring and evaluation personnel to 
                permit the objective evaluation of the effectiveness of 
                covered United States foreign assistance programs, 
                including an assessment of assumptions and limitations 
                in such evaluations; and
                    (M) ensure that standards of professional 
                evaluation organizations for monitoring and evaluation 
                efforts are employed, including ensuring the integrity 
                and independence of evaluations, permitting and 
                encouraging the exercise of professional judgment, and 
                providing for quality control and assurance in the 
                monitoring and evaluation process.
    (d) President's Report.--Not later than 18 months after the date of 
the enactment of this Act, the President shall submit a report to the 
appropriate congressional committees that contains a detailed 
description of the guidelines established pursuant to subsection (b). 
The report shall be submitted in unclassified form, but it may contain 
a classified annex.
    (e) Comptroller General's Report.--The Comptroller General of the 
United States shall, not later than 18 months after the report required 
by subsection (d) is submitted to Congress, submit to the appropriate 
congressional committees a report that--
            (1) analyzes the guidelines established pursuant to 
        subsection (b); and
            (2) assesses the implementation of the guidelines by the 
        agencies, bureaus, and offices that implement covered United 
        States foreign assistance as outlined in the President's budget 
        request.

SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE 
              PROGRAMS.

    (a) Publication of Information.--
            (1) Update of existing website.--Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        State shall update the Department of State's website, 
        ``ForeignAssistance.gov'', to make publicly available 
        comprehensive, timely, and comparable information on covered 
        United States foreign assistance programs, including all 
        information required under subsection (b) that is available to 
        the Secretary of State.
            (2) Information sharing.--Not later than 2 years after the 
        date of the enactment of this Act, and quarterly thereafter, 
        the head of each Federal department or agency that administers 
        covered United States foreign assistance shall provide the 
        Secretary of State with comprehensive information about the 
        covered United States foreign assistance programs carried out 
        by such department or agency.
            (3) Updates to website.--Not later than 2 years after the 
        date of the enactment of this Act, and quarterly thereafter, 
        the Secretary of State shall publish, on the 
        ``ForeignAssistance.gov'' website or through a successor online 
        publication, the information provided under subsection (b).
    (b) Matters To Be Included.--
            (1) In general.--The information described in subsection 
        (a)--
                    (A) shall be published for each country on a 
                detailed basis, such as award-by-award; or
                    (B) if assistance is provided on a regional level, 
                shall be published for each such region on a detailed 
                basis, such as award-by-award.
            (2) Types of information.--
                    (A) In general.--To ensure the transparency, 
                accountability, and effectiveness of covered United 
                States foreign assistance programs, the information 
                described in subsection (a) shall include--
                            (i) links to all regional, country, and 
                        sector assistance strategies, annual budget 
                        documents, congressional budget justifications, 
                        and evaluations in accordance with section 
                        3(c)(2)(J);
                            (ii) basic descriptive summaries for 
                        covered United States foreign assistance 
                        programs and awards under such programs; and
                            (iii) obligations and expenditures.
                    (B) Publication.--Each type of information 
                described in subparagraph (A) shall be published or 
                updated on the appropriate website not later than 90 
                days after the date on which the information is issued.
                    (C) Rule of construction.--Nothing in this 
                paragraph may be construed to require a Federal 
                department or agency that administers covered United 
                States foreign assistance to provide any information 
                that does not relate to, or is not otherwise required 
                by, the covered United States foreign assistance 
                programs carried out by such department or agency.
            (3) Report in lieu of inclusion.--
                    (A) Health or security of implementing partners.--
                If the head of a Federal department or agency, in 
                consultation with the Secretary of State, makes a 
                determination that the inclusion of a required item of 
                information online would jeopardize the health or 
                security of an implementing partner or program 
                beneficiary or would require the release of proprietary 
                information of an implementing partner or program 
                beneficiary, the head of the Federal department or 
                agency shall provide such determination in writing to 
                the appropriate congressional committees, including the 
                basis for such determination.
                    (B) National interests of the united states.--If 
                the Secretary of State makes a determination that the 
                inclusion of a required item of information online 
                would be detrimental to the national interests of the 
                United States, the Secretary of State shall provide 
                such determination, including the basis for such 
                determination, in writing to the appropriate 
                congressional committees.
                    (C) Form.--Information provided under this 
                paragraph may be provided in classified form, as 
                appropriate.
            (4) Failure to comply.--If a Federal department or agency 
        fails to comply with the requirements under paragraph (1), (2), 
        or (3) of subsection (a), or subsection (c), with respect to 
        providing information described in subsection (a), and the 
        information is not subject to a determination under 
        subparagraph (A) or (B) of paragraph (3) not to make the 
        information publicly available, the Director of the Office of 
        Management and Budget, in consultation with the head of such 
        department or agency, not later than one year after the date of 
        the enactment of this Act, shall submit a consolidated report 
        to the appropriate congressional committees that includes, with 
        respect to each required item of information not made publicly 
        available--
                    (A) a detailed explanation of the reason for not 
                making such information publicly available; and
                    (B) a description of the department's or agency's 
                plan and timeline for--
                            (i) making such information publicly 
                        available; and
                            (ii) ensuring that such information is made 
                        publicly available in subsequent years.
    (c) Scope of Information.--The online publication required under 
subsection (a) shall, at a minimum--
            (1) in each of the fiscal years 2016 through 2019, provide 
        the information required under subsection (b) for fiscal years 
        2015 through the current fiscal year; and
            (2) for fiscal year 2020 and each fiscal year thereafter, 
        provide the information required under subsection (b) for the 
        immediately preceding 5 fiscal years in a fully searchable 
        form.
    (d) Sense of Congress.--It is the sense of Congress that the 
Secretary of State and the Administrator of the United States Agency 
for International Development should coordinate the consolidation of 
processes and data collection and presentation for the Department of 
State's website, ``ForeignAssistance.gov'', and the United States 
Agency for International Development's website, ``Explorer.USAID.gov'', 
to the extent that is possible to maximize efficiencies, no later than 
the end of fiscal year 2018.

            Amend the title so as to read: ``A bill to direct the 
        President to establish guidelines for covered United States 
        foreign assistance programs, and for other purposes.''.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                               H.R. 3766

_______________________________________________________________________

                               AMENDMENTS