I 111th CONGRESS 2d Session H. R. 5117 IN THE HOUSE OF REPRESENTATIVES April 22, 2010 Mrs. Lowey (for herself, Mr. Reichert, Mr. Smith of Washington, Ms. Lee of California, and Mr. Olver) introduced the following bill; which was referred to the Committee on Foreign Affairs 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 achievement of universal basic education in all developing countries as an objective of United States foreign assistance policy, and for other purposes.

1.

Short title

This Act may be cited as the Education for All Act of 2010.

2.

Findings

Congress finds the following: (1)Throughout the world, an alarming number of children and youth are not receiving a basic education. At least 72,000,000 children of primary school age are not in school and tens of millions drop out of school annually. If current trends continue, 56,000,000 children will still be out of school in 2015. There are an estimated additional 71,000,000 children and youth of secondary school age currently out of school. (2)Of the approximately 72,000,000 children of primary school age and 71,000,000 of secondary school age who are not in school, nearly 3 in 5 are girls. The proportion of out-of-school primary age girls is highest in Arab states, Central Asia and South and West Asia. Almost one-half of out-of-school children live in sub-Saharan Africa and nearly 40,000,000 live in countries affected by conflict and fragility. A significant number of such children have been orphaned or otherwise negatively affected by HIV/AIDS while others have been victims of child labor or human trafficking. Without access to quality education, such children will not have the skills to contribute to reconstruction and stabilization of their countries. (3)The final report of the National Commission on Terrorist Attacks Upon the United States (hereafter in this section referred to as the Report) concluded that education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs must be a key element in any global strategy to eliminate terrorism. The Center for Strategic and International Studies’ Commission on Smart Power determined that education is the best hope of turning young people away from violence and extremism. (4)Extending the vision of educational opportunity described in the Report to all developing countries, including countries affected by armed conflict, is critical to achieve the United Nations Millennium Development Goals and prevent the rise of violent extremism worldwide. (5)The Report concluded that the United States Government must offer an example of moral leadership in the world and offer parents and their children a vision of the future that emphasizes individual educational and economic opportunity. (6)The Report noted that the United Nations has rightly equated literacy as freedom and while gains have been made in Arab states in reducing the out-of school population, an estimated 29 percent of the adult population in the Arab states, or 58,000,000 people, lack basic literacy or numeracy skills needed in everyday life. (7)The Report concluded that ensuring educational opportunity is essential to the efforts of the United States to defeat global terrorism and recommended that the United States Government should offer to join with other nations in generously supporting [spending funds] . . . directly on building and operating primary and secondary schools in those Muslim states that commit to sensibly investing financial resources in public education. (8)At the World Education Forum held in Dakar, Senegal in 2000, the United States joined more than 180 other countries in committing to the goal of universal basic education by 2015. Universal completion of primary school and eliminating gender disparity in all levels of education not later than 2015 are part of the United Nations Millennium Development Goals. (9)Since the World Education Forum in 2000, the number of children out of school has decreased at an average approximate rate of 4,000,000 children per year. Despite this progress, the goal of achieving universal basic education will not be met and 56,000,000 children will still be out of school by 2015. (10)Credible estimates indicate that approximately $16,000,000,000 per year of financing assistance is necessary for developing countries to achieve universal basic education by 2015. (11)The United States Agency for International Development’s bilateral assistance has helped to deliver a quality basic education to 41 million learners enrolled in United States Government-supported primary schools around the world. USAID has expertise in a number of key areas, including teacher training, reaching marginalized groups and quality measurement and has provided technical assistance to governments in order to create sustainable educational systems. (12)Multilateral mechanisms have been proven to marshal significant resources to reach global development challenges. Funds that are transparent, increase coordination among governments, private sector and civil society, support national plans and hold all stakeholders accountable have been effective at providing resources to reach global challenges. (13)Basic education has been demonstrated to be fundamental to development. No country has reached sustained economic growth without achieving near universal primary education. Quality education reduces poverty and inequality, lays the foundation for sound governance, civic participation, and strong institutions and equips people with the knowledge, skills and self-reliance they need to increase income and expand opportunities for employment. (14)Investing in girls’ education delivers substantial returns not only in educational attainment but also in increasing women’s incomes, delaying the start of sexual activity, reducing infant mortality, increasing women’s political participation, and spurring economic growth. (15)Education can help to protect children in conflict situations from physical harm, exploitation, and sexual abuse, as well as to avoid the recruitment of children into armed groups and gangs and promote good governance and poverty reduction. Additionally, every additional year of schooling for males can reduce their risk of becoming involved in conflict by 20 percent. (16)In front-line states, education remains a significant challenge. In Yemen, nearly 80 percent of girls are unlikely to enroll in school, and in Afghanistan girls average only 4 years of schooling.

3.

Assistance to achieve universal basic education

(a)

In general

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 105 the following new section:

105A.

Assistance to achieve universal basic education

(a)

Purpose

It is the purpose of this section to ensure that the United States provides the resources and leadership to ensure a successful international effort to provide all children with a quality basic education in order to achieve the goal of universal basic education by 2015 agreed to at the World Education Forum held in Dakar, Senegal in 2000. (b)

Policy

It is the policy of the United States to work with other countries and international and civil society organizations in order to achieve universal basic education by— (1)assisting developing countries to provide all children with a quality basic education, including through strengthening host countries’ educational systems; (2)assisting nongovernmental and multilateral organizations working in developing countries to provide all children with a quality basic education; and (3)promoting education as the foundation for communities’ development, including integrating entrepreneurial and leadership training, economic growth and agricultural activities, and democracy promotion into holistic assistance programs. (c)

Principles

In developing the policy referred to in subsection (b), the United States shall be guided by the following principles: (1)

United states resources

To lead a global commitment to achieving universal basic education in developing countries, including in countries affected by or emerging from armed conflict or humanitarian crises, the United States shall commit substantial new resources for education in developing countries to expand access to quality educational opportunity and inspire confidence in such countries that efforts to reform education will receive adequate resources. (2)

Integrated bilateral and multilateral approach to sustainable development

United States assistance shall integrate bilateral and multilateral assistance modalities within the strategy developed pursuant to subsection (e), to be directly responsive to host country needs, capacity and commitment, and lead to sustainable development. The United States should contribute on a multilateral basis in a manner that leverages overall impact and best reinforces United States bilateral aid efforts, which should remain central to United States efforts in basic education. Bilateral and multilateral aid should be undertaken in close partnership with nongovernmental organizations and other development partners. (3)

United States assistance to multilateral education initiatives

The United States shall seek to support a multilateral coordination and financing education initiative, which may include a reformed Education for All Fast-Track Initiative or a Multilateral Global Fund for Education. United States assistance shall build upon its comparative advantages and proficiencies in basic education programs. A reformed Education for All Fast-Track Initiative or a Multilateral Global Fund for Education should be established as an independent entity that is governed equally by donor and developing country governments and civil society and should be based on the following principles: (A)Transparency with respect to financing, key policy decisions, and impact. (B)Coordination among governments, private sector, and civil society. (C)Mutual accountability between donors and recipients for achieving measurable results in access and quality. (D)Alignment with host country priorities. (E)Predictable, long-term funding disbursed in a timely manner. (4)

Other major donors

The United States Government shall encourage other donors to contribute commensurate amounts to support universal basic education, through bilateral or multilateral mechanisms and to coordinate their efforts with recipient countries, private entities and other donors, in line with the principles of the Paris Declaration. (5)

Private sector and nongovernmental participation and contributions

United States efforts shall include explicit strategies to encourage and integrate contributions of strategic direction and financial resources from indigenous and international private sector and civil society organizations, including organizations that represent teachers, students and parents, interested in supporting quality universal basic education efforts. (6)

School access, quality, and completion

United States assistance for basic education in developing countries shall seek to expand access to quality schools and teachers for all children, particularly marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, disabled children, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers and victims of trafficking, and to improve the quality of education in order to increase the number of children completing and benefitting from a basic education. (7)

Coordination within the united states government

The United States Government, led by the United States Agency for International Development, shall support improved coordination and collaboration among all departments and agencies of the United States Government involved in providing assistance for basic education to developing countries to ensure efficient and effective use of the resources, including efforts to provide a continuity of assistance for basic education in humanitarian and other emergency situations. (8)

Support for communities of learning

United States assistance shall support the coordination of development assistance for the holistic development of communities, and where appropriate, utilize schools as the foundation for communities’ development and integrate assistance programs, including health and development programs, such as nutrition, school feeding programs, community gardens, adult literacy, entrepreneurial and agricultural training, democracy education and housing programs. (9)

Coordination with national education plans and economic development programs

United States assistance for basic education in developing countries shall be provided in collaboration and coordination with, where possible, national education plans, to reduce poverty and spur sustained economic growth, including through the promotion of the value of education and increasing community and family awareness of the positive impact of education. The United States shall seek to encourage developing countries to utilize schools as platforms for the development of communities. (10)

Measuring outcomes

United States assistance for basic education in developing countries shall include sufficient resources for monitoring and evaluating the effectiveness and quality of basic education programs. (d)

Definitions

In this section: (1)

HIV/AIDS

The term HIV/AIDS has the meaning given that term in section 104A(h). (2)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (B)the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (3)

Basic education

The term basic education— (A)means an education, generally consisting of completion of 9–10 years of schooling, including efforts to improve early childhood development, primary education, secondary education, literacy and numeracy training, and life-skills training that prepares an individual to be an active, productive member of society and the workforce; and (B)includes efforts to facilitate and support the activities described in subparagraph (A), including efforts to— (i)build the institutional capacity of a country to manage basic education systems and measure results; (ii)construct and rehabilitate schools; (iii)train quality teachers; (iv)increase parent and community involvement in schools; (v)provide learning materials; and (vi)develop curricula. (4)

Education for all fast-track initiative

The term Education for All Fast-Track Initiative means the Fast-Track Initiative launched in 2002 to mobilize donor resources and accelerate progress toward the achievement of the United Nations Millennium Development Goal of Education for All by 2015, an international commitment to bring the benefits of basic education to every individual. (5)

National education plan

The term national education plan means a comprehensive national education plan that— (A)may be developed in accordance with the provisions of the Education For All Fast-Track Initiative; and (B)includes explicit, credible strategies to achieve universal basic education, including strategies to— (i)address key constraints to achieving universal basic education in the areas of policy, data, capacity, and financing; and (ii)coordinate priorities within the elements of basic education, such as early childhood development, primary education, and secondary education (delivered in formal and nonformal settings), and training in literacy, numeracy and other basic skills, including lifeskills, for adults and out-of-school youth, and priorities between basic education, workforce development and higher education. (6)

Psychosocial support

The term psychosocial support has the meaning given that term in the first section 135 (relating to assistance for orphans and other vulnerable children). (7)

Relevant executive branch agencies and officials

The term relevant executive branch agencies and officials means— (A)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; (B)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 (C)any other department, agency, or official of the United States Government that participates in activities to promote universal basic education pursuant to the authorities of such department, agency, or official or pursuant to this Act. (e)

Development and implementation of a comprehensive united states strategy on education for all

(1)

Strategy required

The President shall develop a comprehensive integrated strategy of the United States to promote universal basic education by 2015 that will— (A)seek to expand access to basic education for all children, particularly marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, disabled children, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers and victims of trafficking; and (B)improve the quality of basic education, particularly as reflected in measurable learning outcomes, as appropriate. (2)

Elements

The strategy required by paragraph (1) shall be formulated and implemented in consideration of the principles set forth in subsection (c) and shall— (A)include specific objectives, indicators, including indicators to measure learning outcomes, and approaches to increase access and quality of basic education in developing countries; (B)seek to build capacity within developing countries for basic education programs in order to make progress towards the goal of achieving sustainable development; (C)outline how the United States Government will ensure a transition and continuity of educational activities in countries affected by or emerging from armed conflict or humanitarian crises; (D)assign priorities to relevant executive branch agencies and officials; (E)improve coordination and reduce duplication among relevant executive branch agencies and officials, foreign donor governments, and international organizations at the global and country levels; (F)project general levels of resources needed to achieve the stated objectives; (G)expand public-private partnerships in order to leverage resources; (H)target the activities of the United States to leverage contributions from other bilateral donors to provide universal basic education; (I)support efforts to reduce the adverse impact of HIV/AIDS on education systems, including by equipping teachers with skills needed for HIV/AIDS prevention and support for persons with, or affected by, HIV/AIDS; (J)improve educational opportunities for women and girls, and strive to ensure safe schools, equal access, workforce opportunities, leadership role development, and the preservation of dignity and respect; (K)recognize that a quality secondary education is an important incentive to completion of a quality primary education; (L)adopt a Communities of Learning approach that integrates, to the maximum extent practicable, school and educational programs with health and development programs, school feeding programs, adult literacy, community gardens, entrepreneurial training, agricultural extension work and housing programs; and (M)maximize United States capabilities in the areas of technical assistance and training. (3)

Requirement to consult

In developing the strategy required by paragraph (1), the President shall consult with— (A)the appropriate congressional committees; (B)relevant executive branch agencies and officials; and (C)nongovernmental organizations, including organizations representing students, teachers and parents, and other development partners and individuals who are involved in the promotion and implementation of education assistance programs in developing countries. (4)

Public comment

The President shall provide an opportunity for public comment on the strategy required by paragraph (1). (5)

Annual report

Not later than 270 days after the date of the enactment of the Education for All Act of 2010, the President shall transmit to the appropriate congressional committees a report setting forth the strategy required by paragraph (1) and make the report available to the public. (f)

Assistance To develop and implement national education plans

(1)

Assistance authorized

The President is authorized to provide funds and other assistance to assist foreign countries to create the policies, processes, and infrastructure to develop and implement national education plans to allow all children of such countries to access and complete a quality basic education. (2)

Priority and other requirements

In providing assistance under this subsection, the President shall give priority to foreign countries in which there is the greatest need, as evidenced in part by the percentage of children out of school, in which there is the greatest opportunity to expand universal access and to improve the quality of basic education, and in which the assistance can produce a substantial, measurable impact on children and educational systems. (3)

Activities supported

Assistance provided under this subsection may be used to support efforts to expand access and to improve the quality of basic education, including efforts— (A)to ensure an adequate supply of trained quality teachers and to build systems to provide continuing support, training, and professional development for all educators; (B)to promote programs that expand training and implementation of effective, relevant curricula; (C)to promote the development and effective use of systems for monitoring and evaluating student-learning outcomes; (D)to provide adequate infrastructure; (E)to eliminate fees for educational services, including fees for tuition, uniforms, and materials, and provide access to education without additional costs to families through simplified multilateral mechanisms; (F)to identify and replicate successful interventions that improve access to quality education, such as scholarships, school lunch, and school health programs; (G)to build systems to ensure continuing information collection, monitoring, and evaluation of education services and financing; (H)to ensure that schools are not incubators for violent extremism; (I)to provide human rights and conflict-resolution education; (J)to promote programs that teach civic education and life skills; (K)to take steps to make schools safe and secure places where children and youth, including girls and women, can learn without fear of violence, harassment or exploitation, including— (i)promoting efforts at the national level to establish and enforce comprehensive legislation and strong policies against school-related violence; (ii)supporting efforts and providing resources to train all teachers and school administrators on school-related violence; (iii)working to ensure the safety of students during their travel to and from schools and on school grounds; (iv)carrying out programs for school and community participation on the unacceptability of violence; (v)providing counseling and support systems for students affected by school- related violence; and (vi)conducting national and baseline surveys to collect data on school-related violence, including against women and girls; (L)to support other initiatives that have demonstrated success in increasing access, improving learning outcomes and increasing educational opportunities for the most disadvantaged populations, including girls, children affected by or emerging from armed conflict or humanitarian crises, disabled children, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers and victims of trafficking; and (M)to carry out other activities to support a reformed Education for All Fast-Track Initiative or Multilateral Global Fund for Education. (4)

Additional activities supported for countries affected by conflict or crises

In addition to the activities supported under paragraph (3), assistance provided under this subsection to foreign countries or those parts of the territories of foreign countries that are affected by or emerging from armed conflict or humanitarian crises may be used to support efforts— (A)to ensure a continuity of educational activities for all children; (B)wherever possible, to reestablish formal education services, or to complement services that are available with the establishment of well-managed school spaces, to protect children from physical harm, psychological and social distress, recruitment into armed groups, family separation, and abuses related to their displacement; (C)to promote the creation of out-of-school programs and flexible-hour schooling in areas in which security prevents students from attending regular schools; (D)to provide safe spaces, with such facilities providing access to water, sanitation, health-related education, psychosocial support, and landmine awareness; (E)to provide temporary facility construction and minor rehabilitation of educational structures; (F)to provide essential educational materials that assist in building systems to support, train, and provide professional development for educators; and (G)to promote efforts to ensure the reintegration of teachers and students in conflict, internally displaced person and refugee situations into educational systems, including regional approaches to coordinate and recognize the educational efforts of these teachers and students and other school systems. (g)

Annual report

(1)

In general

Not later than January 31 of each year, the President shall transmit to the appropriate congressional committees a report on the implementation of this section for the prior fiscal year and make the report available to the public. (2)

Report elements

The report required by paragraph (1) shall include— (A)a description of efforts made by relevant executive branch agencies and officials to implement the strategy developed pursuant to subsection (e), with a particular focus on the activities carried out under this section; (B)a description of the programs established by each foreign country receiving assistance pursuant to subsection (f) that provides a detailed explanation of the extent to which the strategy developed pursuant to subsection (e) and the assistance provided pursuant to subsection (f) are contributing to the goal of universal basic education in the foreign country; and (C)a description of the extent to which each foreign country selected to receive assistance pursuant to subsection (f) meets the priority criteria specified in subsection (f)(2)(A). (h)

Relationship to other laws

The President shall exercise the authority provided in this section in accordance with other applicable law. (i)

Authorization of appropriations

To carry out this section, there are authorized to be appropriated to the President such sums as may be necessary for fiscal year 2011 and each subsequent fiscal year.

. (b)

Technical amendment

Chapter 1 of part I of the Foreign Assistance Act of 1961, as amended by subsection (a), is further amended by redesignating the second section 135 (as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2536)) as section 136.

4.

Coordinator of United States Government Actions to Provide Basic Education Assistance

(a)

Establishment of position

Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended— (1)by redesignating subsection (g) as subsection (h); and (2)by inserting after subsection (f) the following new subsection: (g)

Education for all coordinator

(1)

In general

The Secretary of State shall designate an individual to serve as the Coordinator of United States Government Actions to Provide Basic Education Assistance (hereinafter in this subsection referred to as the Coordinator), established under section 664 of division J of Public Law 110–161 and continued in effect under section 7064 of division F of Public Law 111–117. The Coordinator shall report directly to the Secretary. (2)

General authorities

The Coordinator, acting through such nongovernmental organizations (including organizations representing parents, teachers and students, faith-based and community based organizations) and relevant executive branch agencies and officials as may be necessary and appropriate to effect the purposes of this section, is authorized to operate internationally to carry out activities to promote universal basic education. (3)

Duties

(A)

In general

The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to promote universal basic education under section 105A of the Foreign Assistance Act of 1961 or any other provision of law. (B)

Specific duties

The duties of the Coordinator shall specifically include the following: (i)Ensuring program and policy coordination among relevant executive branch agencies and officials and nongovernmental organizations, including auditing, monitoring, and evaluation of all such programs. (ii)Ensuring that relevant executive branch agencies and officials undertake programs primarily in those areas in which the agencies and officials have the greatest expertise, technical capabilities, and potential for success. (iii)Ensuring coordination of activities of relevant executive branch agencies and officials in the field in order to eliminate duplication. (iv)Pursuing coordination with other countries and international organizations. (v)Resolving policy, program, and funding disputes among relevant executive branch agencies and officials. (vi)Directly approving all activities to promote universal basic education under section 105A of the Foreign Assistance Act of 1961 or any other provision of law. (vii)Establishing due diligence criteria for all recipients of funds to promote universal basic education under section 105A of the Foreign Assistance Act of 1961 or any other provision of law, and all activities carried out with such funds, subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities. (viii)Annually convening a meeting of relevant executive branch agencies and officials to evaluate progress in carrying out the United States strategy developed pursuant to section 105A(e) of the Foreign Assistance Act of 1961 and recommend future changes to the strategy based upon such evaluation. (4)

Definitions

In this subsection: (A)

Basic education

The term basic education has the meaning given that term in section 105A(d)(3) of the Foreign Assistance Act of 1961. (B)

Relevant executive branch agencies and officials

The term relevant executive branch agencies and officials has the meaning given that term in section 105A(d)(7) of the Foreign Assistance Act of 1961. . (b)

Specification of resources of coordinator

Not later than 90 days after the date of enactment of this Act, the President shall specify the necessary financial and personnel resources, including detailees, from funds appropriated pursuant to the authorization of appropriations under subsection (i) of section 105A of the Foreign Assistance Act of 1961 (as added by section 3 of this Act), that shall be assigned to and under the direct control of the Education for All Coordinator (as established by subsection (g) of section 1 of the State Department Basic Authorities Act of 1956 (as added by subsection (a) of this section)) to establish and maintain the duties and supporting activities assigned to the Coordinator by section 1(g) of the State Department Basic Authorities Act of 1956.