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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2184 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 295
114th CONGRESS
  1st Session
                                S. 2184

   To direct the President to establish guidelines for United States 
  foreign development and economic assistance programs, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2015

    Mr. Rubio (for himself, Mr. Cardin, Mr. Isakson, and Mr. Coons) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

                           November 17, 2015

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To direct the President to establish guidelines for United States 
  foreign development and economic assistance programs, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Foreign Aid Transparency 
and Accountability Act of 2015''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (B) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (C) the Committee on Foreign Affairs of 
                the House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) Evaluation.--The term ``evaluation'' means, 
        with respect to a United States foreign development and 
        economic 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--</DELETED>
                <DELETED>    (A) making judgments and evaluations 
                regarding the program;</DELETED>
                <DELETED>    (B) improving program effectiveness; 
                and</DELETED>
                <DELETED>    (C) informing decisions about current and 
                future programming.</DELETED>
        <DELETED>    (3) United states foreign development and economic 
        assistance.--The term ``United States foreign development and 
        economic assistance'' means assistance provided primarily for 
        the purposes of foreign development and economic support, 
        including assistance authorized under--</DELETED>
                <DELETED>    (A) part I of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2151 et seq.), except for--
                </DELETED>
                        <DELETED>    (i) title IV of chapter 2 of such 
                        part (relating to the Overseas Private 
                        Investment Corporation);</DELETED>
                        <DELETED>    (ii) chapter 3 of such part 
                        (relating to International Organizations and 
                        Programs); and</DELETED>
                        <DELETED>    (iii) chapter 8 of such part 
                        (relating to International Narcotics 
                        Control);</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (C) the Millennium Challenge Act of 2003 
                (22 U.S.C. 7701 et seq.); and</DELETED>
                <DELETED>    (D) the Food for Peace Act (7 U.S.C. 1721 
                et seq.).</DELETED>

<DELETED>SEC. 3. GUIDELINES FOR UNITED STATES FOREIGN DEVELOPMENT AND 
              ECONOMIC ASSISTANCE PROGRAMS.</DELETED>

<DELETED>    (a) Purposes.--The purposes of this section are--
</DELETED>
        <DELETED>    (1) to evaluate the performance of United States 
        foreign development and economic assistance and its 
        contribution to the policies, strategies, projects, program 
        goals, and priorities undertaken by the Federal 
        Government;</DELETED>
        <DELETED>    (2) to foster and promote innovative programs to 
        improve effectiveness; and</DELETED>
        <DELETED>    (3) to coordinate the monitoring and evaluation 
        processes of Federal departments and agencies that administer 
        United States foreign development and economic 
        assistance.</DELETED>
<DELETED>    (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 United States foreign 
development and economic assistance.</DELETED>
<DELETED>    (c) Objectives of Guidelines.--</DELETED>
        <DELETED>    (1) In general.--The guidelines established 
        pursuant to subsection (b) shall provide direction to Federal 
        departments and agencies that administer United States foreign 
        development and economic assistance on--</DELETED>
                <DELETED>    (A) monitoring the use of 
                resources;</DELETED>
                <DELETED>    (B) evaluating the outcomes and impacts of 
                United States foreign development and economic 
                assistance projects and programs; and</DELETED>
                <DELETED>    (C) applying the findings and conclusions 
                of such evaluations to proposed project and program 
                design.</DELETED>
        <DELETED>    (2) Objectives.--The guidelines established 
        pursuant to subsection (b) shall require Federal departments 
        and agencies that administer United States foreign development 
        and economic assistance--</DELETED>
                <DELETED>    (A) to establish annual monitoring and 
                evaluation agendas and objectives to plan and manage 
                the process of monitoring, evaluating, analyzing 
                progress, and applying learning toward achieving 
                results;</DELETED>
                <DELETED>    (B) to 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, during project 
                design;</DELETED>
                <DELETED>    (C) to 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;</DELETED>
                <DELETED>    (D) to 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 United States foreign 
                development and economic assistance programs;</DELETED>
                <DELETED>    (E) to establish methodologies for the 
                collection of data, including baseline data to serve as 
                a reference point against which progress can be 
                measured;</DELETED>
                <DELETED>    (F) to 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;</DELETED>
                <DELETED>    (G) to conduct impact evaluations on all 
                pilot programs before replicating wherever possible, or 
                provide a written justification for not conducting an 
                impact evaluation where such an evaluation was deemed 
                inappropriate or impossible;</DELETED>
                <DELETED>    (H) to develop a clearinghouse capacity 
                for the collection and dissemination of knowledge and 
                lessons learned that serve as benchmarks to guide 
                future programs for United States development 
                professionals, implementing partners, the donor 
                community, and aid recipient governments, and as a 
                repository of knowledge on lessons learned;</DELETED>
                <DELETED>    (I) to internally distribute evaluation 
                reports;</DELETED>
                <DELETED>    (J) to develop a summary of each 
                evaluation, including a description of the evaluation 
                methodology and key findings and recommendations made 
                in the evaluation within 90 days after the completion 
                of the evaluation;</DELETED>
                <DELETED>    (K) to undertake collaborative 
                partnerships and coordinate efforts with the academic 
                community, implementing partners, and national and 
                international institutions that have expertise in 
                program monitoring, evaluation, and analysis when such 
                partnerships provide needed expertise or significantly 
                improve the evaluation and analysis;</DELETED>
                <DELETED>    (L) to ensure verifiable, valid, credible, 
                precise, reliable, and timely data are available to 
                monitoring and evaluation personnel to permit the 
                objective evaluation of the effectiveness of United 
                States foreign development and economic assistance 
                programs, including an assessment of assumptions and 
                limitations in such evaluations; and</DELETED>
                <DELETED>    (M) to 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Comptroller General's Report.--Not later than 1 year 
after the date on which the report required under subsection (d) is 
submitted to Congress, the Comptroller General of the United States 
shall submit a report to the appropriate congressional committees 
that--</DELETED>
        <DELETED>    (1) analyzes the guidelines established pursuant 
        to subsection (b); and</DELETED>
        <DELETED>    (2) provides a side-by-side comparison of--
        </DELETED>
                <DELETED>    (A) the President's budget request for 
                that fiscal year of every operational unit that carries 
                out United States foreign development and economic 
                assistance; and</DELETED>
                <DELETED>    (B) the performance of such units during 
                the most recently completed fiscal year.</DELETED>

<DELETED>SEC. 4. INFORMATION ON UNITED STATES FOREIGN DEVELOPMENT AND 
              ECONOMIC ASSISTANCE PROGRAMS.</DELETED>

<DELETED>    (a) Publication of Information.--</DELETED>
        <DELETED>    (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 United 
        States foreign development and economic assistance programs, 
        including all information required under subsection (b) that is 
        available to the Secretary of State.</DELETED>
        <DELETED>    (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 United States foreign development and economic 
        assistance shall provide the Secretary of State with 
        comprehensive information about the United States foreign 
        development and economic assistance programs carried out by 
        such department or agency.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Matters To Be Included.--</DELETED>
        <DELETED>    (1) In general.--The information described in 
        subsection (a)--</DELETED>
                <DELETED>    (A) shall be published on a detailed 
                award-by-award and country-by-country basis; 
                or</DELETED>
                <DELETED>    (B) if assistance is provided on a 
                regional level, shall be published on an award-by-award 
                and region-by-region basis.</DELETED>
        <DELETED>    (2) Types of information.--</DELETED>
                <DELETED>    (A) In general.--To ensure the 
                transparency, accountability, and effectiveness of 
                United States foreign development and economic 
                assistance programs, the information described in 
                subsection (a) shall include--</DELETED>
                        <DELETED>    (i) all regional, country, and 
                        sector assistance strategies, annual budget 
                        documents, congressional budget justifications, 
                        obligations, expenditures, evaluations and 
                        summaries of evaluations in accordance with 
                        section 3(c)(2)(J); and</DELETED>
                        <DELETED>    (ii) basic descriptive summaries 
                        for United States foreign development and 
                        economic assistance programs and awards under 
                        such programs.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Rule of construction.--Nothing in this 
                paragraph may be construed to require a Federal 
                department or agency that administers United States 
                foreign development and economic assistance to provide 
                any information that does not relate to, or is not 
                otherwise required by, the United States foreign 
                development and economic assistance programs carried 
                out by such department or agency.</DELETED>
        <DELETED>    (3) Report in lieu of inclusion.--</DELETED>
                <DELETED>    (A) Health or security of implementing 
                partners.--If the head of a Federal department or 
                agency 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 and shall--</DELETED>
                        <DELETED>    (i) provide a briefing to the 
                        appropriate congressional committees on such 
                        information; or</DELETED>
                        <DELETED>    (ii) submit such information to 
                        the appropriate congressional committees in a 
                        written report.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) provide such determination, 
                        including the basis for such determination, in 
                        writing to the appropriate congressional 
                        committees; and</DELETED>
                        <DELETED>    (ii)(I) provide a briefing on such 
                        information to the appropriate congressional 
                        committees; or</DELETED>
                        <DELETED>    (II) submit the item of 
                        information in a written report to the 
                        appropriate congressional committees.</DELETED>
                <DELETED>    (C) Form.--Any briefing or item of 
                information provided under this paragraph may be 
                provided in classified form, as appropriate.</DELETED>
        <DELETED>    (4) Failure to comply.--If a Federal department or 
        agency fails to comply with the requirements under paragraph 
        (1) or (2), 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 September 1, 2016, shall 
        submit a consolidated report to the appropriate congressional 
        committees that includes, with respect to each required item of 
        information not made publicly available--</DELETED>
                <DELETED>    (A) a detailed explanation of the failure 
                of not making such information publicly available; 
                and</DELETED>
                <DELETED>    (B) a description of the department's or 
                agency's plan and timeline for--</DELETED>
                        <DELETED>    (i) immediately making such 
                        information publicly available; and</DELETED>
                        <DELETED>    (ii) ensuring that such failures 
                        do not take place in subsequent 
                        years.</DELETED>
<DELETED>    (c) Scope of Information.--The online publication required 
under subsection (a) shall, at a minimum--</DELETED>
        <DELETED>    (1) in each of the fiscal years 2016 through 2019, 
        provide the information required under subsection (b) for 
        fiscal years 2012 through the current fiscal year; 
        and</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Aid Transparency and 
Accountability Act of 2015''.

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 United States foreign development and economic 
        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) United states foreign development and economic 
        assistance.--The term ``United States foreign development and 
        economic assistance'' means assistance provided primarily for 
        the purposes of foreign development and economic support, 
        including 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);
                            (ii) chapter 3 of such part (relating to 
                        International Organizations and Programs); and
                            (iii) chapter 8 of such part (relating to 
                        International Narcotics Control);
                    (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 UNITED STATES FOREIGN DEVELOPMENT AND ECONOMIC 
              ASSISTANCE PROGRAMS.

    (a) Purposes.--The purposes of this section are--
            (1) to evaluate the performance of United States foreign 
        development and economic assistance and its contribution to the 
        policies, strategies, projects, program goals, and priorities 
        undertaken by the Federal Government;
            (2) to foster and promote innovative programs to improve 
        effectiveness; and
            (3) to coordinate the monitoring and evaluation processes 
        of Federal departments and agencies that administer United 
        States foreign development and economic 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 United States foreign 
development and economic 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 United States foreign development 
        and economic assistance on--
                    (A) monitoring the use of resources;
                    (B) evaluating the outcomes and impacts of United 
                States foreign development and economic 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 United States foreign development 
        and economic assistance on how--
                    (A) to establish annual monitoring and evaluation 
                agendas and objectives to plan and manage the process 
                of monitoring, evaluating, analyzing progress, and 
                applying learning toward achieving results;
                    (B) to 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, during project design;
                    (C) to 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) to 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 United States foreign development and 
                economic assistance programs;
                    (E) to establish methodologies for the collection 
                of data, including baseline data to serve as a 
                reference point against which progress can be measured;
                    (F) to 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) to conduct impact evaluations on all pilot 
                programs before replicating wherever possible, or 
                provide a written justification for not conducting an 
                impact evaluation where such an evaluation was deemed 
                inappropriate or impossible;
                    (H) to develop a clearinghouse capacity for the 
                collection and dissemination of knowledge and lessons 
                learned that serve as benchmarks to guide future 
                programs for United States development professionals, 
                implementing partners, the donor community, and aid 
                recipient governments, and as a repository of knowledge 
                on lessons learned;
                    (I) to internally distribute evaluation reports;
                    (J) to 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) to undertake collaborative partnerships and 
                coordinate efforts with the academic community, 
                implementing partners, and national and international 
                institutions that have expertise in program monitoring, 
                evaluation, and analysis when such partnerships provide 
                needed expertise or significantly improve the 
                evaluation and analysis;
                    (L) to ensure verifiable, valid, credible, precise, 
                reliable, and timely data are available to monitoring 
                and evaluation personnel to permit the objective 
                evaluation of the effectiveness of United States 
                foreign development and economic assistance programs, 
                including an assessment of assumptions and limitations 
                in such evaluations; and
                    (M) to 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.--Not later than 1 year after the 
date on which the report required under subsection (d) is submitted to 
Congress, the Comptroller General of the United States shall submit a 
report to the appropriate congressional committees that--
            (1) analyzes the guidelines established pursuant to 
        subsection (b); and
            (2) provides a side-by-side comparison of--
                    (A) the President's budget request for that fiscal 
                year of every operational unit that carries out United 
                States foreign development and economic assistance; and
                    (B) the performance of such units during the most 
                recently completed fiscal year.

SEC. 4. INFORMATION ON UNITED STATES FOREIGN DEVELOPMENT AND ECONOMIC 
              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 United 
        States foreign development and economic 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 
        United States foreign development and economic assistance shall 
        provide the Secretary of State with comprehensive information 
        about the United States foreign development and economic 
        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 on a detailed award-by-award 
                and country-by-country basis; or
                    (B) if assistance is provided on a regional level, 
                shall be published on an award-by-award and region-by-
                region basis.
            (2) Types of information.--
                    (A) In general.--To ensure the transparency, 
                accountability, and effectiveness of United States 
                foreign development and economic 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 United 
                        States foreign development and economic 
                        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 United States 
                foreign development and economic assistance to provide 
                any information that does not relate to, or is not 
                otherwise required by, the United States foreign 
                development and economic 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 and shall--
                            (i) provide a briefing to the appropriate 
                        congressional committees on such information; 
                        or
                            (ii) submit such information to the 
                        appropriate congressional committees in a 
                        written report.
                    (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--
                            (i) provide such determination, including 
                        the basis for such determination, in writing to 
                        the appropriate congressional committees; and
                            (ii)(I) provide a briefing on such 
                        information to the appropriate congressional 
                        committees; or
                            (II) submit the item of information in a 
                        written report to the appropriate congressional 
                        committees.
                    (C) Form.--Any briefing or item of 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) or 
        (2), 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 September 1, 2016, 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) immediately 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 
        2012 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.
                                                       Calendar No. 295

114th CONGRESS

  1st Session

                                S. 2184

_______________________________________________________________________

                                 A BILL

   To direct the President to establish guidelines for United States 
  foreign development and economic assistance programs, and for other 
                               purposes.

_______________________________________________________________________

                           November 17, 2015

                       Reported with an amendment
```