Findings, notices and public assistance data

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1. Findings must be written and signed

Many assistance decisions rest on a presidential finding or determination that must be reported to Congress. Section 654 of the Foreign Assistance Act of 1961, codified at 22 U.S.C. 2414, sets the form (22 U.S.C. 2414(a)). The rule covers any finding or determination under the Foreign Assistance Act, the Foreign Military Sales Act or the annual foreign assistance appropriations act that must be reported to Congress, or to a committee or officer of either House. Such a finding must be in writing and signed by the President.

No action may be taken under such a finding until it has been written and signed (22 U.S.C. 2414(b)). It must be published in the Federal Register as soon as practicable after signature (22 U.S.C. 2414(c)). Where the President concludes that publication would harm national security, only a statement that a finding was made, with the name and section of the law involved, is published. No committee or officer of either House may be denied requested information about such a finding, even before the report has been sent (22 U.S.C. 2414(d)).

2. Reports are public by default

All information in any report sent under the Foreign Assistance Act is public information (22 U.S.C. 2394-1a). Where the President determines, on an extraordinary basis, that an item is clearly detrimental to American security, the President must explain in a supplemental report, sent with the main report, why publishing each specific item would be detrimental. Other recurring reports are covered in reporting to Congress on assistance programs.

3. Publishing assistance data online

A 2016 law requires detailed public data on foreign assistance programs (22 U.S.C. 2394c(a)). Within 90 days of 15 July 2016, the Secretary of State had to update the State Department’s ForeignAssistance.gov website with comprehensive, timely and comparable information on covered programs (22 U.S.C. 2394c(a)(1)). No later than two years after that date, and quarterly after that, every agency that administers covered assistance must give the Secretary comprehensive information (22 U.S.C. 2394c(a)(2)). The Secretary must publish it quarterly on the website or a successor (22 U.S.C. 2394c(a)(3)).

The data must be published for each country, or each region for regional assistance, on a detailed basis such as award by award (22 U.S.C. 2394c(b)(1)). It must include links to regional, country and sector strategies, annual budget documents, congressional budget justifications and evaluations (22 U.S.C. 2394c(b)(2)(A)). It must also include basic descriptive summaries of programs and awards, and obligations and expenditures. Each item must appear within 90 days after it is issued (22 U.S.C. 2394c(b)(2)(B)). For fiscal years 2016 through 2019 it had to cover fiscal year 2015 onward (22 U.S.C. 2394c(c)(1)). For fiscal year 2020 onward, the website must cover the preceding five fiscal years in fully searchable form (22 U.S.C. 2394c(c)(2)).

4. When data is withheld

An agency head, consulting the Secretary of State, may decide that putting an item online would jeopardize the health or security of an implementing partner or beneficiary (22 U.S.C. 2394c(b)(3)(A)). The same applies where it would release a partner’s or beneficiary’s proprietary information. The determination and its basis then go in writing to the appropriate congressional committees. The Secretary of State may likewise decide that an item would be detrimental to American national interests, and report that determination and its basis (22 U.S.C. 2394c(b)(3)(B)). Such information may be given in classified form (22 U.S.C. 2394c(b)(3)(C)).

Where an agency failed to provide required information without such a determination, the Office of Management and Budget had to send Congress a consolidated report within one year of 15 July 2016 (22 U.S.C. 2394c(b)(4)). It explains why each item was not published, and the agency’s plan and timeline to publish it. Agencies need not provide information that does not relate to, or is not otherwise required by, their own covered programs (22 U.S.C. 2394c(b)(2)(C)). In a sense of Congress, it urged the State Department and the Agency for International Development to coordinate consolidating the processes, data collection and presentation of their two assistance websites. That was to happen, to the extent possible, by the end of fiscal year 2018 (22 U.S.C. 2394c(d)).

5. Notice of Defense transfers for peace operations

A provision enacted in December 2014 as part of the defense appropriations for fiscal year 2015, and applying to each later year, sets a notice rule. Defense Department funds may not be used to transfer defense articles or services, other than intelligence services, to another nation or an international organization for peace operations without advance notice (22 U.S.C. 2323(a)). The congressional defense committees, the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations must be notified 15 days before the transfer. The rule covers peacekeeping or peace enforcement under chapter VI or VII of the United Nations Charter on Security Council authority, and any other international peacekeeping, peace enforcement or humanitarian assistance operation (22 U.S.C. 2323(b)).

The notice describes the equipment, supplies or services and states their value (22 U.S.C. 2323(c)). For equipment or supplies, it states whether the inventory needs of all elements of the armed forces, including reserves, have been met for that type of item. It also states whether the items must be replaced and, if so, how the President proposes to fund the replacement. Peacekeeping assistance is covered in drawdowns and peacekeeping assistance.

6. Reports on excess defense articles

Some grants of excess defense articles need prompt notice. Where the articles are major weapons systems not included in presentation materials already sent, the President must promptly inform the Speaker of the House and the Senate Committees on Foreign Relations and Appropriations (22 U.S.C. 2321b(d)). The annual security assistance presentation materials must include a table, by country, of the total value of excess defense article deliveries. It shows both the aggregate original acquisition cost and the aggregate value at delivery. Defense article and excess defense article take their meanings from section 644 of the Act (22 U.S.C. 2321c).

Key terms

Presidential finding	A written, signed determination required before action and reported to Congress.
Supplemental report	The explanation of why publishing a specific item would harm security.
Covered assistance	The programs whose data must be published online, award by award.
Implementing partner	An organization carrying out an assistance award.
Fifteen-day notice	The advance notice before Defense transfers for peace operations.

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

Transparency rules shape how programs and their partners operate. 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.