[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3256 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3256

 To amend the Foreign Assistance Act of 1961 to provide assistance for 
    developing countries to promote quality basic education and to 
    establish the goal of all children in school and learning as an 
objective of the United States foreign assistance policy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

   Mr. Durbin (for himself, Mr. Rubio, Mr. Markey, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to provide assistance for 
    developing countries to promote quality basic education and to 
    establish the goal of all children in school and learning as an 
objective of the United States foreign assistance policy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Education for All 
Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Assistance to promote sustainable, quality basic education.
Sec. 4. Comprehensive integrated United States strategy to promote 
                            basic education.
Sec. 5. Improving coordination and oversight.
Sec. 6. Monitoring and evaluation of programs.
Sec. 7. Transparency and reporting to Congress.
Sec. 8. Definitions.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) education lays the foundation for increased civic 
        participation, democratic governance, sustained economic 
        growth, and healthier, more stable societies;
            (2) it is in the national interest of the United States to 
        promote access to sustainable, quality universal basic 
        education in developing countries;
            (3) United States resources and leadership should be 
        utilized in a manner that best ensures a successful 
        international effort to provide children in developing 
        countries with a quality basic education in order to achieve 
        the goal of quality universal basic education; and
            (4) promoting gender parity in basic education from 
        childhood through adolescence serves United States diplomatic, 
        economic, and security interests worldwide.

SEC. 3. ASSISTANCE TO PROMOTE SUSTAINABLE, QUALITY BASIC EDUCATION.

    Section 105 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151c) 
is amended by adding at the end the following new subsection:
    ``(c) Assistance To Promote Sustainable, Quality Basic Education.--
            ``(1) Policy.--In carrying out this section, it shall be 
        the policy of the United States to work with partner countries, 
        other donors, multilateral institutions, the private sector, 
        and nongovernmental and civil society organizations, including 
        as appropriate faith-based organizations and organizations that 
        represent teachers, students, and parents, to promote 
        sustainable, quality basic education through programs and 
        activities that, consistent with Article 26 of the Universal 
        Declaration of Human Rights--
                    ``(A) align with and respond to the needs, 
                capacities, and commitment of developing countries to 
                strengthen educational systems, expand access to safe 
                learning environments, ensure continuity of education, 
                measurably improve teacher skills and learning 
                outcomes, and support the engagement of parents in the 
                education of their children, so that all children, 
                including marginalized children and other vulnerable 
                groups, may have access to and benefit from quality 
                basic education;
                    ``(B) promote education as a foundation for 
                sustained economic growth and development within a 
                holistic assistance strategy that places partner 
                countries on a trajectory toward graduation from 
                assistance provided under this section and contributes 
                to improved--
                            ``(i) early childhood development;
                            ``(ii) life skills and workforce 
                        development;
                            ``(iii) economic opportunity;
                            ``(iv) gender parity;
                            ``(v) food and nutrition security;
                            ``(vi) water, sanitation, and hygiene;
                            ``(vii) health and disease prevention and 
                        treatment;
                            ``(viii) disaster preparedness;
                            ``(ix) conflict and violence reduction, 
                        mitigation, and prevention; and
                            ``(x) democracy and governance; and
                    ``(C) monitor and evaluate the effectiveness and 
                quality of basic education programs.
            ``(2) Principles.--In carrying out the policy referred to 
        in paragraph (1), the United States shall be guided by the 
        following principles of aid effectiveness:
                    ``(A) Alignment.--Assistance provided under this 
                section to support programs and activities under this 
                subsection shall be aligned with and advance United 
                States diplomatic, development, and national security 
                interests.
                    ``(B) Country ownership.--To the greatest extent 
                practicable, assistance provided under this section to 
                support programs and activities under this subsection 
                should be aligned with and support the national 
                education plans and country development strategies of 
                partner countries, including activities that are 
                appropriate for and meet the needs of local and 
                indigenous cultures.
                    ``(C) Coordination.--
                            ``(i) In general.--Assistance provided 
                        under this section to support programs and 
                        activities under this subsection should be 
                        coordinated with and leverage the unique 
                        capabilities and resources of local and 
                        national governments in partner countries, 
                        other donors, multilateral institutions, the 
                        private sector, and nongovernmental and civil 
                        society organizations, including as appropriate 
                        faith-based organizations and organizations 
                        that represent teachers, students, and parents.
                            ``(ii) Multilateral programs and 
                        initiatives.--Assistance provided under this 
                        section to support programs and activities 
                        under this subsection should be coordinated 
                        with and support proven multilateral education 
                        programs and financing mechanisms, which may 
                        include the Global Partnership for Education, 
                        that demonstrate commitment to efficiency, 
                        effectiveness, transparency, and 
                        accountability.
                    ``(D) Efficiency.--The President shall seek to 
                improve the efficiency and effectiveness of assistance 
                provided under this section to support programs and 
                activities under this subsection by coordinating the 
                related efforts of relevant Executive branch agencies 
                and officials, including efforts to increase gender 
                parity and to provide a continuity of basic education 
                activities in humanitarian responses and other 
                emergency settings.
                    ``(E) Effectiveness.--Programs and activities 
                supported under this subsection shall be designed to 
                achieve specific, measurable goals and objectives and 
                shall include appropriate targets, metrics and 
                indicators that can be applied with reasonable 
                consistency across such programs and activities to 
                measure progress and outcomes.
                    ``(F) Transparency and accountability.--Programs 
                and activities supported under this subsection shall be 
                subject to rigorous monitoring and evaluation, which 
                may include impact evaluations, the results of which 
                shall be made publically available in a fully 
                searchable, electronic format.
            ``(3) Priority and other requirements.--The President shall 
        ensure that assistance provided under this section to support 
        programs and activities under this subsection is aligned with 
        the diplomatic, economic, and national security interests of 
        the United States and that priority is given to developing 
        countries in which--
                    ``(A) there is the greatest need and opportunity to 
                expand access to basic education and to improve 
                learning outcomes, including for marginalized and 
                vulnerable groups, particularly women and girls, or 
                populations affected by conflict or crisis; and
                    ``(B) such assistance can produce a substantial, 
                measurable impact on children and educational systems.
            ``(4) Definitions.--In this subsection:
                    ``(A) Basic education.--The term `basic education' 
                includes--
                            ``(i) all program and policy efforts aimed 
                        at improving early childhood, preprimary 
                        education, primary education, and secondary 
                        education, which can be delivered in formal and 
                        nonformal education settings, and in programs 
                        promoting learning for out-of-school youth and 
                        adults;
                            ``(ii) capacity building for teachers, 
                        administrators, counselors, and youth workers;
                            ``(iii) literacy, numeracy, and other basic 
                        skills development that prepare an individual 
                        to be an active, productive member of society 
                        and the workforce; and
                            ``(iv) workforce development, vocational 
                        training, and digital literacy that is informed 
                        by real market needs and opportunities.
                    ``(B) Partner country.--The term `partner country' 
                means a developing country that participates in or 
                benefits from basic education programs under this 
                subsection pursuant to the prioritization criteria 
                described in paragraph (3), including level of need, 
                opportunity for impact, and the availability of 
                resources.
                    ``(C) Relevant executive branch agencies and 
                officials.--The term `relevant Executive branch 
                agencies and officials' means--
                            ``(i) the Department of State, the United 
                        States Agency for International Development, 
                        the Department of the Treasury, the Department 
                        of Labor, the Department of Education, the 
                        Department of Health and Human Services, the 
                        Department of Agriculture, and the Department 
                        of Defense;
                            ``(ii) the Chief Executive Officer of the 
                        Millennium Challenge Corporation, the 
                        Coordinator of United States Government 
                        Activities to Combat HIV/AIDS Globally, the 
                        National Security Advisor, the Director of the 
                        Peace Corps, and the National Economic Advisor; 
                        and
                            ``(iii) any other department, agency, or 
                        official of the United States Government that 
                        participates in activities to promote quality 
                        basic education pursuant to the authorities of 
                        such department, agency, or official or 
                        pursuant to this Act.
                    ``(D) National education plan.--The term `national 
                education plan' means a comprehensive national 
                education plan developed by partner country governments 
                in consultation with other stakeholders as a means for 
                wide-scale improvement of the country's education 
                system, including explicit, credible strategies 
                informed by effective practices and standards to 
                achieve quality universal basic education.
                    ``(E) HIV/AIDS.--The term `HIV/AIDS' has the 
                meaning given that term in section 104A(h).
                    ``(F) Marginalized children and vulnerable 
                groups.--The term `marginalized children and vulnerable 
                groups' includes girls, children affected by or 
                emerging from armed conflict or humanitarian crises, 
                children with disabilities, children in remote or rural 
                areas (including those who lack access to safe water 
                and sanitation), religious or ethnic minorities, 
                indigenous peoples, orphans and children affected by 
                HIV/AIDS, child laborers, married adolescents, and 
                victims of trafficking.
                    ``(G) Gender parity in basic education.--The term 
                `gender parity in basic education' means that girls and 
                boys have equal access to quality basic education.
                    ``(H) Nonformal education.--The term `nonformal 
                education'--
                            ``(i) means organized educational 
                        activities outside the established formal 
                        system, whether operating separately or as an 
                        important feature of a broader activity, that 
                        are intended to serve identifiable learning 
                        clienteles and learning objectives; and
                            ``(ii) includes youth programs and 
                        community training offered by community groups 
                        and organizations.
                    ``(I) Sustainability.--The term `sustainability' 
                means, with respect to any basic education program that 
                receives funding pursuant to this section, the ability 
                of a service delivery system, community, partner, or 
                beneficiary to maintain, over time, such basic 
                education program.''.

SEC. 4. COMPREHENSIVE INTEGRATED UNITED STATES STRATEGY TO PROMOTE 
              BASIC EDUCATION.

    (a) Strategy Required.--Not later than October 1, 2016, October 1, 
2021, and October 1, 2026, the President shall submit to the 
appropriate congressional committees a comprehensive United States 
strategy to promote quality basic education in partner countries by--
            (1) seeking to equitably expand access to basic education 
        for all children, particularly marginalized children and 
        vulnerable groups; and
            (2) measurably improving the quality of basic education and 
        learning outcomes.
    (b) Requirement To Consult.--In developing the strategy required by 
subsection (a), the President shall consult with--
            (1) the appropriate congressional committees;
            (2) relevant Executive branch agencies and officials;
            (3) partner country governments; and
            (4) local and international nongovernmental organizations, 
        including as appropriate faith-based organizations and 
        organizations representing students, teachers, and parents, and 
        other development partners engaged in basic education 
        assistance programs in developing countries.
    (c) Public Comment.--The President shall provide an opportunity for 
public comment on the strategy required by subsection (a).
    (d) Initial Strategy.--For the purposes of this section, the 
strategy entitled ``USAID education strategy'', as in effect on the day 
before the date of the enactment of this Act, shall be deemed to 
fulfill the initial requirements of subsection (a) for 2016.
    (e) Elements.--The strategy required by subsection (a) shall be 
developed and implemented consistent with the principles set forth in 
subsection (c) of section 105 of the Foreign Assistance Act of 1961 (as 
added by section 3 of this Act) and shall seek to--
            (1) build the capacity of relevant actors in partner 
        countries, including in government and in civil society, to 
        develop and implement national education plans that are aligned 
        with and advance country development strategies;
            (2) identify and replicate successful interventions that 
        improve access to and quality of education;
            (3) project general levels of resources needed to achieve 
        stated program objectives;
            (4) leverage United States capabilities, including through 
        technical assistance, training and research; and
            (5) improve coordination and reduce duplication among 
        relevant Executive branch agencies and officials, other donors, 
        multilateral institutions, nongovernmental organizations, and 
        governments in partner countries.
    (f) Activities Supported.--Assistance provided under section 105 of 
the Foreign Assistance Act of 1961 (as amended by section 3 of this 
Act) should advance the strategy required by subsection (a), including 
through efforts to--
            (1) ensure an adequate supply and continued support for 
        trained, effective teachers;
            (2) design and deliver relevant curricula, uphold quality 
        standards, and supply appropriate teaching and learning 
        materials;
            (3) build the capacity of basic education systems in 
        partner countries by improving management practices and 
        supporting their ability to collect relevant data and monitor, 
        evaluate, and report on the status and quality of education 
        services, financing, and student-learning outcomes;
            (4) help mobilize domestic resources to eliminate fees for 
        public educational services, including fees for tuition, 
        uniforms, and materials;
            (5) support education on human rights and conflict-
        resolution while ensuring that schools are not incubators for 
        violent extremism;
            (6) work with communities to help girls overcome relevant 
        barriers to their receiving a safe, quality basic education, 
        including by improving girls' safety in education settings, 
        helping girls to obtain the skills needed to find safe and 
        legal employment upon conclusion of their education, and 
        countering harmful practices such as child, early, and forced 
        marriage and gender-based violence;
            (7) ensure access to education for the most marginalized 
        children and vulnerable groups, including through the provision 
        of appropriate infrastructure, flexible learning opportunities, 
        accelerated and second-chance classes, and opportunities that 
        support leadership development;
            (8) make schools safe and secure learning environments 
        without threat of physical, psychological, and sexual violence, 
        including by supporting safe passage to and from schools and 
        constructing separate latrines for boys and girls; and
            (9) support a communities-of-learning approach that 
        utilizes schools as centers of learning and development for an 
        entire community, to leverage and maximize the impact of other 
        development efforts, and reduce duplication and waste.
    (g) Additional Activities Supported for Countries Affected by 
Conflict and Crises.--In addition to the activities supported under 
subsection (f), assistance provided under section 105 of the Foreign 
Assistance Act of 1961 (as amended by section 3 of this Act) to foreign 
countries or those parts of the territories of foreign countries that 
are affected by or emerging from armed conflict, humanitarian crises, 
or other emergency situations may be used to support efforts to--
            (1) ensure a continuity of basic education for all children 
        through appropriate formal and nonformal education programs and 
        services;
            (2) ensure that basic education assistance of the United 
        States to countries in emergency settings shall be informed by 
        the Minimum Standards of the Inter-Agency Network for Education 
        in Emergencies (``INEE Minimum Standards'');
            (3) coordinate basic education programs with complementary 
        services to protect children from physical harm, psychological 
        and social distress, recruitment into armed groups, family 
        separation, and abuses related to their displacement;
            (4) support, train, and provide professional development 
        for educators working in emergency settings;
            (5) help build national capacity to coordinate and manage 
        basic education during emergency response and through recovery;
            (6) promote the reintegration of teachers and students 
        affected by conflict, whether refugees or internally displaced, 
        into educational systems; and
            (7) ensure the safety of children in school, including 
        through support for--
                    (A) the provision of safe learning environments 
                with appropriate facilities, especially for girls;
                    (B) safe passage to and from school, including 
                landmine awareness, the designation of schools as 
                conflict-free zones, the adoption and support of 
                community-owned protective measures to reduce the 
                incidence of attacks on educational facilities and 
                personnel by local actors, armed groups, and armed 
                forces;
                    (C) out-of-school and flexible-hour education 
                programs in areas where security conditions are 
                prohibitive;
                    (D) safety plans in case of emergency with clearly 
                defined roles for school personnel; and
                    (E) appropriate infrastructure, including emergency 
                communication systems and access to mobile 
                telecommunications with local police and security 
                personnel.

SEC. 5. IMPROVING COORDINATION AND OVERSIGHT.

    (a) Senior Coordinator of United States International Basic 
Education Assistance.--There is established within the United States 
Agency for International Development a Senior Coordinator of United 
States International Basic Education Assistance (referred to in this 
Act as the ``Senior Coordinator''), who shall be appointed by the 
President.
    (b) Duties.--
            (1) In general.--The Senior Coordinator shall have primary 
        responsibility for the oversight and coordination of all 
        resources and activities of the United States Government 
        relating to the promotion of international basic education 
        programs and activities.
            (2) Specific duties.--The Senior Coordinator shall--
                    (A) facilitate program and policy coordination of 
                international basic education programs and activities 
                among relevant Executive branch agencies and officials, 
                partner governments, multilateral institutions, the 
                private sector, and nongovernmental and civil society 
                organizations;
                    (B) develop and revise the strategy required under 
                section 4;
                    (C) monitor, evaluate, and report on activities 
                undertaken pursuant to the strategy required under 
                section 4; and
                    (D) establish due diligence criteria for all 
                recipients of funds provided by the United States to 
                carry out activities under this Act and the amendments 
                made by this Act.
    (c) Offset.--To offset any costs incurred by the United States 
Agency for International Development to carry out the establishment and 
appointment of a Senior Coordinator of United States International 
Basic Education Assistance in accordance with subsection (a), the 
President shall eliminate such positions within the United States 
Agency for International Development, unless otherwise authorized or 
required by law, as the President determines to be necessary to fully 
offset such costs.

SEC. 6. MONITORING AND EVALUATION OF PROGRAMS.

    The President shall seek to ensure that programs carried out under 
the strategy required under section 4 shall--
            (1) apply rigorous monitoring and evaluation methodologies 
        to focus on learning and accountability;
            (2) include methodological guidance in the implementation 
        plan and support systemic data collection using internationally 
        comparable indicators, norms, and methodologies, to the extent 
        practicable and appropriate;
            (3) disaggregate all data collected and reported by age, 
        gender, marital status, disability, and location, to the extent 
        practicable and appropriate;
            (4) be planned and budgeted to include funding for both 
        short- and long-term monitoring and evaluation to enable 
        assessment of the sustainability and scalability of assistance 
        programs; and
            (5) support the increased use and public availability of 
        education data for improved decisionmaking, program 
        effectiveness, and monitoring of global progress.

SEC. 7. TRANSPARENCY AND REPORTING TO CONGRESS.

    (a) Annual Report on the Implementation of Strategy.--Not later 
than March 31 of each year through 2031, the President shall submit to 
the appropriate congressional committees a report on the implementation 
of the strategy developed pursuant to section 4 and make the report 
available to the public.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include--
            (1) a description of the efforts made by relevant Executive 
        branch agencies and officials to implement the strategy 
        developed pursuant to section 4 with a particular focus on the 
        activities carried out;
            (2) a description of the extent to which each partner 
        country selected to receive assistance for basic education 
        meets the priority criteria specified in subsection (c) of 
        section 105 of the Foreign Assistance Act (as added by section 
        3 of this Act); and
            (3) a description of the progress achieved over the 
        reporting period toward meeting the goals, objectives, 
        benchmarks, and timeframes specified in the strategy developed 
        pursuant to section 4 at the program level, as developed 
        pursuant to monitoring and evaluation specified in section 6.

SEC. 8. DEFINITIONS.

    (a) Appropriate Congressional Committees.--In this Act, the term 
``appropriate congressional committees'' means--
            (1) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Appropriations and the Committee on 
        Foreign Affairs of the House of Representatives.
    (b) Other Definitions.--In this Act, the terms ``basic education'', 
``partner country'', ``relevant Executive branch agencies and 
officials'', ``national education plan'', ``marginalized children and 
vulnerable groups'', and ``gender parity in basic education'' have the 
meanings given such terms in subsection (c) of section 105 of the 
Foreign Assistance Act of 1961 (as added by section 3 of this Act).
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