I 111th CONGRESS 1st Session H. R. 2387 IN THE HOUSE OF REPRESENTATIVES May 13, 2009 Ms. Ros-Lehtinen (for herself, Mr. Pence, Mr. Burton of Indiana, Mr. Gallegly, Mr. Rohrabacher, Mr. Mack, and Mr. McCaul) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the use of long-term strategies for United States national security, diplomacy, and foreign assistance and the full use of performance-based budgeting for foreign assistance programs, projects, and activities, and for other purposes.

1.

Short title

This Act may be cited as the Strategy and Effectiveness of Foreign Policy and Assistance Act of 2009.

2.

Findings

Congress finds the following: (1)Section 108 of the National Security Act of 1947 (50 U.S.C. 404a) requires that the President shall transmit to Congress each year a comprehensive report on the national security strategy of the United States at the same time that the President submits the budget for the following fiscal year under section 1105 of title 31, United States Code. (2)The national security strategy report sets forth the national security strategy of the United States and includes a comprehensive description and discussion of the worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States and also the proposed short-term and long-term uses of the political, economic, military, and other elements of the national power of the United States to protect or promote United States national security interests. (3)The Government Performance and Results Act of 1993 (Public Law 103–62) requires United States Government departments and agencies to set goals, measure performance, report on their accomplishments, establish long-term strategic goals as well as annual goals, define clear missions and desired outcomes, measure performance as a means of gauging progress, and utilize performance information as a basis for decisionmaking. (4)Under the administration of President George W. Bush and in accordance with the Government Performance and Results Act of 1993, all United States Government departments and agencies were required to conduct performance-based budgeting and planning as guided by the Office of Management and Budget’s Program Assessment Rating Tool (PART), in order to ensure more accurate assessment of program performance and to drive a sustained focus on program results. (5)In January 2006, Secretary of State Condoleezza Rice stated that the United States foreign assistance structure risks incoherent policies, ineffective programs, and wasted resources when spending is not strategically tied to overarching United States goals. (6)The Department of State and the United States Agency for International Development (USAID) developed a Joint Strategic Plan for Fiscal Years 2007–2012, which outlines strategic goals shared by both agencies, and implemented a joint Department of State-USAID foreign assistance budget process starting with the fiscal year 2008 budget request. (7)In 2008, the Department of State approved plans for new Department of State-USAID Country Assistance Strategies that would take a comprehensive approach by including the efforts of all United States agencies providing foreign assistance in a country and by including an overall strategic approach for such foreign assistance. (8)The Department of State and USAID have participated in a pilot performance-reporting program launched by the Office of Budget and Management aimed at streamlining Federal agency reporting while retaining ongoing efforts to directly integrate budget and performance planning and reporting. (9)USAID seeks to apply performance management by implementing a five-step strategic management process that includes mission performance plans, the Department of State and USAID Joint Strategic Plan, annual reports, a performance and accountability report, agency policy frameworks, and bureau strategic frameworks. (10)In the report entitled Foreign Aid Reform: Comprehensive Strategy, Interagency Coordination, and Operational Improvements Would Bolster Current Efforts, the Government Accountability Office found that, until the Department of State develops and implements a comprehensive, integrated United States foreign assistance strategy, it will lack assurance that programs are strategically tied to overarching United States goals and that, by basing its annual operational plans and Country Assistance Strategies on a standardized program structure, the Department of State was, in fact, attempting to tie its planning and budgeting to strategic foreign policy objectives.

3.

Sense of Congress

It is the sense of Congress that— (1)under the direction of the President, the Secretary of State and the Administrator of the United States Agency for International Development (USAID) should, to the maximum extent practicable, make funding decisions on the basis of a long-term strategy that addresses national security, diplomatic, and foreign assistance objectives and needs of the United States; and (2)while steps already taken towards performance management and budgeting by the Department of State and USAID are commendable, there remains a need for budget requests for the Department of State, USAID, and other foreign affairs agencies to be more effectively integrated with national security objectives and program evaluation and management.

4.

Report on long-term strategies for United States national security, diplomacy, and foreign assistance

(a)

Report required

On the date on which the President transmits to Congress the comprehensive report on the national security strategy of the United States under section 108 of the National Security Act of 1947 and the budget for the following fiscal year under section 1105 of title 31, United States Code, the President shall transmit to the Congress a comprehensive report on— (1)the organizational structures of the Department of State, the United States Agency for International Development (USAID), and other foreign affairs agencies; and (2)the extent to which the organizational structures of such departments and agencies and United States foreign assistance programs, budget plans, personnel decisions, and public diplomacy are related to a long-term strategy that advances national security objectives and needs of the United States. (b)

Matters To be included

The report required by subsection (a) shall include the following: (1)An outline of the Department of State’s and USAID’s staffing and operation of United States embassies, consulates, and missions abroad and staffing and operation of the Department of State’s and USAID’s headquarters and other offices in the United States and an analysis of how decisions relating to organization, staffing, and operations relate to and advance specific objectives of the national security strategy of the United States. (2)A review of the means through which cooperation is ensured between the Department of State and USAID and the Departments of Defense, Homeland Security, Treasury, and Commerce and the Office of the United States Trade Representative, the Drug Enforcement Agency, and United States intelligence agencies. (3)An explanation of the scenarios for possible United States responses to crisis management and long-term policy challenges and of the processes by which the Department of State develops such scenarios. (4)Recommendations for improving the processes by which the Department of State develops scenarios for possible United States responses to crisis management and long-term policy challenges in order to incorporate nontraditional threat planning circumstances and input from other Federal departments and agencies and nongovernmental organizations. (c)

Additional matters To be included

With respect to each foreign assistance funding request of the Department of State, USAID, and other foreign affairs agencies contained in the budget for the following fiscal year under section 1105 of title 31, United States Code, the report required by subsection (a) shall include the following: (1)The short-term and long-term justification for the funding request. (2)In the case of a funding request for a new program, project, or activity or an increased funding request of an existing program, project, or activity, a comprehensive explanation of how and the extent to which the new or increased funding will meet the requirements of this section.

5.

Reorganization of certain Department of State and USAID offices and bureaus

(a)

Reorganization

In furtherance of the objectives and requirements of this Act, the President shall take such actions as are necessary to integrate the offices and bureaus described in subsection (b) into a single office in the Department of State to be known as the Office of Long-Term Planning and Resource Management. (b)

Offices and bureaus described

The offices and bureaus described in this subsection shall include the following: (1)The Office of Policy Planning, the Office of Resource Management, and the Office of the Director of Foreign Assistance of the Department of State. (2)The Bureau of Budget/Performance/Accountability of the United States Agency for International Development.

6.

Report on performance-based budgeting by the Department of State, USAID, and other foreign affairs agencies

(a)

Report required

On the date on which the President transmits to Congress the comprehensive report on the national security strategy of the United States under section 108 of the National Security Act of 1947, the budget for the following fiscal year under section 1105 of title 31, United States Code, and the report required by section 4 of this Act, the Comptroller General of the United States shall submit to the specified congressional committees a report on— (1)uses by the Department of State, the United States Agency for International Development, and other foreign affairs agencies of performance-based or performance management budgeting with respect to foreign assistance programs, projects, and activities; (2)the relation of such performance-based or performance management budgeting to the requirements under the Government Performance and Results Act of 1993 and the requirements under this Act; and (3)recommendations for improving such performance-based or performance management budgeting. (b)

Specified congressional committees

The congressional committees specified in subsection (a) are— (1)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2)the Committee on Foreign Relations and the Committee on Appropriations of the Senate.