[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1524 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1524
To strengthen the capacity, transparency, and accountability of United
States foreign assistance programs to effectively adapt and respond to
new challenges of the 21st century, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2009
Mr. Kerry (for himself, Mr. Lugar, Mr. Menendez, Mr. Corker, Mr. Risch,
and Mr. Cardin) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To strengthen the capacity, transparency, and accountability of United
States foreign assistance programs to effectively adapt and respond to
new challenges of the 21st century, 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.
This Act may be cited as the ``Foreign Assistance Revitalization
and Accountability Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Except as otherwise provided, the term
``Administrator'' means the Administrator of the United States
Agency for International Development.
(2) Agency.--Except as otherwise provided, the term
``Agency'' means the United States Agency for International
Development.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Poverty, hunger, lack of opportunity, gender
inequality, and environmental degradation are recognized as
significant contributors to--
(A) socioeconomic and political instability; and
(B) the exacerbation of disease pandemic and other
global health threats.
(2) The 2006 National Security Strategy of the United
States notes, ``America's national interests and moral values
drive us in the same direction: to assist the world's poor
citizens and least developed nations and help integrate them
into the global economy.''.
(3) The bipartisan Final Report of the National Commission
on Terrorist Attacks Upon the United States (9/11 Commission
Report) recommends, ``A comprehensive United States strategy to
counter terrorism should include economic policies that
encourage development, more open societies, and opportunities
for people to improve the lives of their families and enhance
prospects for their children.''.
(4) The alleviation of poverty and hunger is in the
national interest of the United States. It improves United
States security by mitigating the underlying causes of violence
and extremism, addresses threats like climate change and
pandemic disease, expands economic opportunities for producers
and consumers in the United States, demonstrates United States
leadership to the world, and represents the values,
humanitarianism, and generosity of the American people.
(5) Elevating the standing of the United States in the
world represents a critical and essential element for any
strategy to improve national and global security by mitigating
the root causes of conflict and multinational terrorism,
strengthening diplomatic and economic relationships, preventing
global climate change, curbing weapons proliferation, and
fostering peace and cooperation between all nations.
(6) Currently the global development policies and programs
of the United States Government are scattered across 12
different Federal departments, 25 different Federal agencies,
and nearly 60 Federal Government offices. The current law
governing foreign assistance is outdated, cumbersome, and lacks
relevance for modern challenges, articulating at least 140
broad priorities for United States development efforts, with at
least 400 specific directives on how to implement those broad
priorities. Moreover, it allows the budget process to drive
priorities, rather than setting clear priorities that drive
resource decisions.
(7) The international and domestic challenges of the 21st
century--including transnational threats such as economic
instability, terrorism, climate change, and disease--cannot be
met with a foreign assistance apparatus that was created to
confront the challenges of the 20th century. The cornerstone
for a new foreign assistance architecture begins with reform of
the Foreign Assistance Act of 1961 that ensures a rationalized
organizational structure for a strengthened development agency,
a concise set of development priorities, rebuilt human resource
capacity, strengthened monitoring and evaluation, reinvigorated
policy and intellectual expertise, with sufficient resources
and commensurate accountability to achieve key foreign
assistance goals.
(8) President Barack Obama has expressed a commitment to
cut extreme poverty and hunger around the world in half, and to
increase the level of United States foreign assistance to meet
that goal.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States, given the importance of
global prosperity and security to the national interests of the United
States, to promote global development, good governance, and the
reduction of poverty and hunger. In support of this policy, a reform
and rebuilding process should be initiated that will redefine the
United States foreign assistance architecture and strengthen the
capacity of the United States Agency for International Development and
related agencies to establish effective development policies and
implement innovative and effective foreign assistance programs with
maximum impact.
SEC. 5. POLICY AND STRATEGIC PLANNING.
(a) Sense of Congress on Building the Policy Capacity of USAID.--It
is the sense of Congress that--
(1) there has been too little emphasis in recent years in
developing the capacity of the Agency to formulate
international development policy and to integrate important
policy initiatives and innovative policy concepts into Agency
programs and activities;
(2) the Agency should increase its emphasis on recruiting,
hiring, training, and enhancing professional officers who will
support the Agency's role in formulating development policy and
enhancing innovative solutions to development challenges;
(3) there is a particular need to strengthen policy
formulation and development in missions worldwide, in addition
to strengthening the capacity of the Agency to address policy
issues in headquarters in Washington, District of Columbia,
which should be dealt with by deploying policy officers to
missions worldwide; and
(4) a Bureau for Policy and Strategic Planning should
ensure that policy concepts and priorities are appropriately
integrated into all programs and activities undertaken by the
Agency.
(b) Establishment of USAID Positions To Build Policy and Strategic
Planning Capacity.--
(1) Deputy administrator of the united states agency for
international development.--Section 624 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2384) is amended by inserting
after subsection (c) the following new subsection:
``(d) Deputy Administrators.--There shall be in the United States
Agency for International Development, among the statutory officers
authorized by subsection (a), not more than 2 Deputy Administrators,
who shall assist the Administrator in all matters.''.
(2) Assistant administrator for policy and strategic
planning.--Such section is further amended by adding at the end
the following new subsection:
``(f) Assistant Administrator for Policy and Strategic Planning.--
There shall be in the United States Agency for International
Development, among the statutory officers authorized by subsection (a),
an Assistant Administrator for Policy and Strategic Planning, who shall
assist the Administrator and Deputy Administrators in matters related
to policy planning, strategic planning, program design, research,
evaluation, budget allocation and management, and in other matters.''.
(3) Clerical amendment.--Subsection (a) of such section is
amended by striking ``twelve'' and inserting ``fourteen''.
(c) Bureau for Policy and Strategic Planning.--Chapter 2 of part
III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is
amended by inserting after section 624 the following new section:
``SEC. 624A. BUREAU FOR POLICY AND STRATEGIC PLANNING.
``(a) Establishment.--There is established in the United States
Agency for International Development a Bureau for Policy and Strategic
Planning (referred to in this section as the `Bureau').
``(b) Duties.--The primary duties of the Bureau shall include the
following:
``(1) Developing and formulating United States Government
policy on development issues in support of United States policy
objectives.
``(2) Ensuring long-term strategic planning and direction
for overall development policy and programs, as well as across
regions and sectors.
``(3) Designing and conducting significant research and
evaluation on development and aid effectiveness.
``(4) Establishing resource and workforce allocation
criteria.
``(5) Guiding overall budget decisions and reviewing
bureau-specific resource allocations, workforce allocations,
operational planning, and program decisions.
``(6) Integrating monitoring and evaluation into overall
decisionmaking and strategic planning.''.
(d) Office for Learning, Evaluation, and Analysis in Development.--
Chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2381 et seq.), as amended by subsection (c), is further amended by
inserting after section 624A the following:
``SEC. 624B OFFICE FOR LEARNING, EVALUATION, AND ANALYSIS IN
DEVELOPMENT.
``(a) Sense of Congress on Analysis and Evaluation.--It is the
sense of Congress that--
``(1) achieving United States foreign policy objectives
requires the consistent and systematic evaluation of the impact
of United States foreign assistance programs and analysis on
what programs work and why, when, and where they work;
``(2) the design of assistance programs and projects should
include the collection of relevant data required to measure
outcomes and impacts;
``(3) the design of assistance programs and projects should
reflect the knowledge gained from evaluation and analysis;
``(4) a culture and practice of high quality evaluation
should be revitalized at agencies managing foreign assistance
programs, which requires that the concepts of evaluation and
analysis are used to inform policy and programmatic decisions,
including the training of aid professionals in evaluation
design and implementation;
``(5) the effective and efficient use of funds cannot be
achieved without an understanding of how lessons learned are
applicable in various environments, and under similar or
different conditions; and
``(6) project evaluations should be used as sources of data
when running broader analyses of development outcomes and
impacts.
``(b) Establishment.--There is established in the Bureau for Policy
and Strategic Planning an Office for Learning, Evaluation, and Analysis
in Development (referred to in this section as the `Office'), which
shall be under the management of the Assistant Administrator for Policy
and Strategic Planning.
``(c) Duties.--The duties of the Office shall be to--
``(1) develop, design, coordinate, guide, and conduct the
complete range of activities relating to the monitoring of
resources, the evaluation of projects, the evaluation of
program impacts, and analysis that is necessary for the
identification of findings, generalizations that can be derived
from those findings, and their applicability to proposed
project and program design;
``(2) serve as a resource to the United States Agency for
International Development, other government entities,
implementing partners, the academic community, the donor
community, and host governments in the design of programs and
projects;
``(3) serve as an authoritative voice in linking evaluation
and research results to strategic planning and policy options;
``(4) design a strategy for strengthening evaluation and
research for foreign assistance programs managed by the United
States Agency International Development;
``(5) develop the scope and guidelines for evaluation and
research that are multidisciplinary in nature;
``(6) establish annual evaluation and research agendas and
objectives that are responsive to policy and programmatic
priorities;
``(7) guide the use of rigorous methodologies, choosing
from among a wide variety of qualitative and quantitative
methods common in the field of social scientific inquiry;
``(8) coordinate the evaluation processes of bureaus and
missions of the United States Agency for International
Development;
``(9) develop and implement a training plan on evaluation
and research for aid personnel;
``(10) make recommendations to the Assistant Administrator
for Policy and Strategic Planning on linking evaluation and
research findings to policy and strategic planning options;
``(11) develop a clearinghouse capacity for the
dissemination of knowledge and lessons learned to USAID
professionals, implementing partners, the international aid
community, and aid recipient governments, and as a repository
of knowledge on lessons learned;
``(12) distribute evaluation and research reports
internally and make this material available online to the
public; and
``(13) partner with the academic community, implementing
partners, and national and international institutions that have
expertise in evaluation and analysis when such partnerships
will provide needed expertise or will significantly improve the
evaluation and analysis.
``(d) Subordinate Units.--The Administrator may create such
subordinate units as may be necessary for the performance of duties
described in paragraphs (9) and (11) of subsection (c).
``(e) Technical Expertise.--If the Assistant Administrator
determines that the Office requires expertise that is of a technical
nature and is outside the expertise of the Agency for International
Development, such expertise may be accessed through existing
contracting authorities.
``(f) Monitoring.--Evaluation and analysis activities of the Office
shall be in addition to, but not duplicative of, existing monitoring
activities as provided under existing law.
``(g) Coordination.--The Office should closely coordinate and
consult with the Council on Research and Evaluation of Foreign
Assistance to ensure consistency of approach toward evaluation,
research, analysis, and related activities.
``(h) Annual Reports to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and not later than December 31 of
each year thereafter, the Administrator shall submit to the
appropriate congressional committees a report on the work of
the Office.
``(2) Content.--The report required under paragraph (1)
shall include--
``(A) a copy of the annual evaluation and research
agenda for the preceding year;
``(B) a description of the evaluation activities
conducted in the preceding year;
``(C) a description of training activities
conducted in the preceding year;
``(D) a forecast of evaluation and research planned
for the following year; and
``(E) a description of the ways in which the
results of evaluations have informed the design and
operation of agency policies and programs during the
year.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Agency for International Development
$5,000,000 for fiscal year 2010 and such sums as may be necessary for
fiscal year 2011.
``(j) Definitions.--In this section:
``(1) Analysis.--The term `analysis' means the comparative
study of evaluations conducted over a period of time, in
varying locations, and under varying conditions that produces
generalized findings and explanations of outcomes and assesses
their applicability to proposed project and program design.
``(2) Evaluation.--The term `evaluation' means the full
range of activities designed to assess the efficiency and
effectiveness of inputs and processes on outputs, results, and
outcomes of various projects, programs, and activities.
``(3) Outcome.--The term `outcome' means any change
occurring during the course of a project, program, or activity,
including changes that cannot be attributed directly to the
project, program, or activity.
``(4) Outputs.--The term `output' means the products,
capital, goods, and services that result from a project,
program, or activity.''.
SEC. 6. COUNCIL ON RESEARCH AND EVALUATION OF FOREIGN ASSISTANCE.
(a) Findings.--Congress makes the following findings:
(1) The American public and Congress must have confidence
that--
(A) Federal funds allocated for foreign assistance
programs are used efficiently and effectively; and
(B) funding allocations and programs are linked to
clearly defined policy objectives.
(2) The December 2007 HELP Commission Report on Foreign
Assistance Reform states, ``[T]he systems our government uses
to evaluate development and humanitarian assistance programs
are either in disarray or do not exist. Current systems tend to
focus more on outputs, such as counting how many books are
delivered to a school, rather than on outcomes, such as
measuring how many children can actually read. Indeed, out of
26,285 impact evaluations that USAID conducted between 1996 and
2005, only 30 measured the impact of projects.''.
(3) The HELP Commission also recommends that the United
States Government reestablish an independent Office of
Monitoring and Evaluation responsible for foreign assistance
operations and provide the office with sufficient funding to
monitor and evaluate performance that should be accountable to
Congress and to the executive branch.
(b) Establishment.--There is established in the executive branch
the Council on Research and Evaluation of Foreign Assistance (referred
to in this section as the ``Council'').
(c) Purposes.--The purposes of the Council shall be--
(1) to evaluate the impact of United States Government
foreign assistance programs and their contribution to policy,
strategies, projects, program goals, and priorities undertaken
by the United States Government in support of foreign policy
objectives; and
(2) to cultivate an integrated research and development
program that will--
(A) incorporate best practices from evaluation
studies and analyses; and
(B) foster and promote innovative programs to
improve the effectiveness of United States foreign
assistance.
(d) Duties and Authorities.--
(1) Evaluations of united states government foreign
assistance programs and international and multilateral
assistance programs receiving financial assistance from the
united states.--
(A) Authorization.--The Council is authorized to
conduct evaluations, on a program-by-program basis, of
the effectiveness of--
(i) foreign assistance programs carried out
by any United States Government agency; and
(ii) international and multilateral
assistance programs receiving financial
assistance from the United States.
(B) Impact assessment.--Evaluations conducted under
subparagraph (A) shall assess the impact of the
programs described in clauses (i) and (ii) of
subparagraph (A) and their contribution to policy,
strategies, projects, program goals, and priorities of
the United States Government.
(C) Selection criteria.--The Director, in
consultation with the Board, shall establish--
(i) criteria for selecting foreign
assistance programs and international and
multilateral assistance programs receiving
financial assistance from the United States to
be evaluated under subparagraph (A); and
(ii) procedures for conducting such
evaluations.
(D) Coordination.--The criteria and procedures
established under subparagraph (C) shall include
procedures to avoid duplication of the Council's
activities, and to ensure effective coordination and
cooperation, with the activities of the Comptroller
General of the United States, relevant Inspectors
General, and other relevant entities.
(E) Methodologies.--In conducting evaluations under
subparagraph (A), the Council shall utilize rigorous
and objective methodologies, choosing from among a wide
variety of qualitative and quantitative methods common
in the field of social scientific inquiry.
(F) Interagency assistance.--In conducting
evaluations under subparagraph (A), the Director is
authorized to request information or assistance from
the head of any Federal agency to the extent necessary
to facilitate the evaluation of a program, including
access to all records, reports, audits, reviews,
documents, papers, recommendations, and other material
available to the program being evaluated by the
Council. Upon receipt of a request under this
subparagraph, the head of the Federal agency receiving
the request, insofar as is practicable and not in
contravention of any applicable law, shall furnish to
the Director, or to an authorized designee, such
information or assistance as may be necessary to carry
out the purposes of this section.
(G) Reports.--At least 30 days before issuing a
report under this subparagraph, the Director shall
submit a draft of the report to the head of the Federal
agency responsible for implementing the program being
evaluated and provide the agency head an opportunity to
comment on the report. The Council shall issue a report
to the appropriate congressional committees on each
evaluation conducted under subparagraph (A) that
contains--
(i) an assessment of the effectiveness of
the program evaluated, including the
effectiveness of any partnership with non-
Federal partners, as appropriate;
(ii) any recommendations to improve the
program's effectiveness, including the
effectiveness of partnerships with non-Federal
organizations, as appropriate; and
(iii) any comments received from the head
of the Federal agency, or his or her designee,
including any non-Federal partner, as
appropriate.
(H) Consultation.--The Director shall regularly
consult with the appropriate congressional committees
to discuss priorities for evaluations to be conducted
under subparagraph (A).
(2) Research on foreign assistance design, implementation,
evaluation, and effectiveness.--
(A) In general.--The Council shall conduct research
and analysis on the design, implementation, evaluation,
and effectiveness of foreign assistance programs in an
effort to develop innovative approaches relating to
foreign assistance, including--
(i) research and analysis aimed at
developing objective methodologies for
evaluating the effectiveness of foreign
assistance programs in achieving assistance
objectives;
(ii) research and analysis aimed at
identifying ways of improving coordination of
foreign assistance programs carried out by
Federal agencies, including ways of
coordinating research and development conducted
by such agencies; and
(iii) research and analysis aimed at
identifying approaches through which the United
States Government can support the development
of evaluation capacity in developing countries,
and strategies to encourage the use of
evaluation findings among different levels of
decision makers and implementers.
(B) Additional research.--In addition to the
research conducted under subparagraph (A), the Council
may also conduct research and analysis on--
(i) trends relating to foreign assistance
programs and the measures necessary to ensure
continued progress; and
(ii) the relative effectiveness of
international and multilateral assistance
programs receiving financial assistance from
the United States, including programs of the
World Bank Group, United Nations entities, and
regional multilateral development banks, as
compared to United States foreign assistance
programs.
(C) Integrated research and development program.--
The Director, in consultation with the Board, shall
establish and implement an integrated research and
development program that will serve as a laboratory for
innovative programs related to foreign assistance to
fulfill the objectives described in subparagraph (A).
(D) Partners.--In conducting research and analysis
under subparagraph (A), the Council shall partner with
the academic community, implementing partners, and
national and international institutions that have
expertise in evaluation, research, and analysis, as
appropriate.
(E) Reports.--The Council shall issue reports to
the appropriate congressional committees on the results
of research conducted pursuant to subparagraph (A) that
include recommendations to Federal agencies responsible
for implementing foreign assistance programs on how to
improve the design, implementation, and evaluation of
such programs.
(F) Collaboration.--The Council shall actively
collaborate with Federal agencies responsible for
implementing foreign assistance programs by--
(i) sharing the results of research
conducted pursuant to subparagraph (A); and
(ii) providing recommendations and advice
on how to improve the design, effectiveness,
efficiency, and innovation of such programs.
(G) Consultation.--The Director shall regularly
consult with the appropriate congressional committees
to discuss priorities for research to be conducted
under subparagraph (A).
(3) Independence.--The Council shall preserve its
independence to ensure organizational autonomy, protection from
external influence, and avoidance of conflicts of interest.
(e) Council on Research and Evaluation of Foreign Assistance
Advisory Board.--
(1) Establishment.--There is established a Council on
Research and Evaluation of Foreign Assistance Advisory Board
(referred to in this subsection as the ``Board'').
(2) Purposes.--The purposes of the Board shall be--
(A) to consult with the Director regarding the
existing program of work of the Council, current
evaluations that are ongoing or completed, and
projected evaluations and activities to be undertaken
by the Council; and
(B) to serve as a forum for coordination and
discussion of related matters pertaining to the
Council's operations and activities.
(3) Duties.--The Board shall--
(A) regularly consult with the Director regarding
the activities of the Council, but may not prevent or
prohibit the Director from initiating, carrying out, or
completing any evaluation or analysis of any
development, humanitarian, or foreign assistance
program or activity; and
(B) ensure coordination with the Office of
Management and Budget in the Executive Office of the
President.
(4) Membership.--The Board shall consist of--
(A) the Director of the Council, or designee;
(B) the Secretary of State, or designee;
(C) the Secretary of the Treasury, or designee;
(D) the Administrator of the United States Agency
for International Development, or designee;
(E) the Chief Executive Officer of the Millennium
Challenge Corporation, or designee;
(F) the Secretary of Agriculture, or designee;
(G) the Secretary of Defense, or designee;
(H) the Secretary of Health and Human Services, or
designee;
(I) 1 individual to be appointed by the Director;
(J) 1 officer in the Senior Foreign Service for the
Agency for International Development or the Department
of State with experience in the implementation of
assistance programs;
(K) 4 individuals with relevant professional
evaluation and international experience, who shall be
appointed by the President, by and with the advice and
consent of the Senate, of which--
(i) 1 individual shall be appointed from
among a list of 3 individuals submitted by the
chairman of the Committee on Foreign Relations
of the Senate;
(ii) 1 individual shall be appointed from
among a list of 3 individuals submitted by the
ranking member of the Committee on Foreign
Relations of the Senate;
(iii) 1 individual shall be appointed from
among a list of 3 individuals submitted by the
chairman of the Committee on Foreign Affairs of
the House of Representatives; and
(iv) 1 individual shall be appointed from
among a list of 3 individuals submitted by the
ranking member of the Committee on Foreign
Affairs of the House of Representatives.
(5) Terms.--
(A) Officers of the federal government.--Each
member of the Board described in subparagraphs (A)
through (H) of paragraph (4) shall serve for a term
that is concurrent with the term of service of the
individual's position as an officer within the other
Federal department or agency.
(B) Other members.--Each member of the Board
described in subparagraphs (I) through (K) of paragraph
(4) shall be appointed for a 3-year term and may be
reappointed for an additional 2-year term.
(C) Vacancies.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made.
(6) Chairperson.--The members of the Board shall select
from among its membership a Chairperson to serve a 1-year term.
(7) Technical advisory group.--The Director shall have the
authority to form a technical advisory group to provide
recommendations and advise the existing program of work of the
Council. The subgroup shall consist of the 4 members of the
Board described in paragraph (4)(K), and additional members as
appropriate.
(8) Quorum.--A majority of the members of the Board shall
constitute a quorum.
(9) Meetings.--The Board shall meet at the call of the
Chairperson but no less than annually.
(10) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board
described in subparagraph (A), (B), (C), (D),
(E), (F), (G), or (H) of paragraph (4) may not
receive additional pay, allowances, or benefits
by reason of the member's service on the Board.
(ii) Travel expenses.--Each such member of
the Board shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United
States Code.
(B) Other members.--
(i) In general.--Except as provided in
clause (ii), a member of the Board described in
paragraph (4)(F)--
(I) shall be paid compensation out
of funds made available for the
purposes of this title at the daily
equivalent of the highest rate payable
under section 5332 of title 5, United
States Code, for each day (including
travel time) during which the member is
engaged in the actual performance of
duties as a member of the Board; and
(II) while away from the member's
home or regular place of business on
necessary travel in the actual
performance of duties as a member of
the Board, shall be paid per diem,
travel, and transportation expenses in
the same manner as is provided under
subchapter I of chapter 57 of title 5,
United States Code.
(ii) Limitation.--A member of the Board may
not be paid compensation under clause (i)(II)
for more than 90 days in any calendar year.
(f) Director.--
(1) Appointment.--
(A) In general.--The Council shall be headed by a
Director, who shall be appointed by the President from
among the individuals recommended under subparagraph
(B) to a 4-year term, subject to a 1-year renewal, by
and with the advice and consent of the Senate.
(B) Selection.--When a vacancy occurs in the office
of Director, the chairmen and ranking minority members
of the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives shall each recommend up to 3
individuals to the President for appointment to the
vacant office. In considering individuals for
appointment to the office of Director, the chairmen and
ranking minority members shall--
(i) take into account the integrity and
demonstrated ability of the individuals in
public administration, international
development and foreign assistance programs,
monitoring and evaluation analysis, and all
aspects of program and project design; and
(ii) disregard the political affiliation of
the individuals.
(2) Responsibilities.--The Director shall--
(A) be responsible for the management of the
Council;
(B) exercise the powers of the Council;
(C) be responsible for initiating, carrying out,
and completing any evaluation or analysis of any
development, humanitarian, or foreign assistance
program or activity; and
(D) discharge the duties of the Council.
(3) Rank; compensation.--The Director shall--
(A) have the equivalent rank of Under Secretary;
and
(B) be compensated at the rate provided for level
III of the Executive Schedule under section 5314 of
title 5, United States Code.
(4) Additional term; removal.--
(A) Additional term.--The Director may be
reappointed for not more than 1 additional 4-year term.
(B) Removal.--The President may remove the Director
from office after submitting written notification to
the Senate and the House of Representatives that
describes the underlying reasons for such removal.
(5) Conforming amendment.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following:
``Director, Council on Research and Evaluation of Foreign
Assistance.''.
(g) Deputy Directors.--The Director shall appoint--
(1) a Deputy Director for Evaluation, who shall be
responsible for overseeing the evaluations conducted by the
Council; and
(2) a Deputy Director for Research Innovation, who shall be
responsible for overseeing an integrated research and
development program that will foster and promote innovative
programs to improve the effectiveness of United States foreign
assistance.
(h) Office Space, Equipment, and Supplies.--Each agency head shall
provide the Director with--
(1) appropriate and adequate office space at central and
field office locations of such agency;
(2) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices; and
(3) necessary maintenance services for such offices and the
equipment and facilities located in such offices.
(i) Personnel Matters.--
(1) Human resources management system.--Notwithstanding any
other provision of law, the Director may establish a human
resources management system for the employees of the Council
that provides for--
(A) work schedule flexibility;
(B) merit based hiring;
(C) fair treatment without regard to political
affiliation;
(D) equal pay for equal work;
(E) protection of employees against reprisal for
whistle blowing;
(F) a pay-for-performance evaluation system that
links individual pay to performance;
(G) a streamlined process for removing
underperforming employees; and
(H) a maximum tenure with the Council of 7 years.
(2) Detail of personnel.--
(A) From federal government.--Upon the request of
the Director, the head of a Federal agency may detail
any employee of such agency to the Council on a
reimbursable basis. Any employee so detailed remains,
for the purpose of preserving such employee's
allowances, privileges, rights, seniority, and other
benefits, an employee of the agency from which
detailed.
(B) From outside organizations.--The Director may
accept the services of personnel detailed to the
Council from organizations outside the Federal
Government, including bilateral agencies, multilateral
institutions, international organizations, think-tanks,
nongovernmental organizations, institutions of higher
education, and the private sector.
(3) Reemployment rights.--
(A) In general.--An employee of an agency who is
serving under a career or career conditional
appointment (or the equivalent), and who, with the
consent of the head of such agency, transfers to the
Council, is entitled to be reemployed in such
employee's former position or a position of like
seniority, status, and pay in such agency, if such
employee--
(i) is separated from the Council for any
reason, other than misconduct, neglect of duty,
or malfeasance; and
(ii) applies for reemployment not later
than 90 days after the date of separation from
the Council.
(B) Specific rights.--An employee described in
subparagraph (A)--
(i) is entitled to be reemployed within 30
days after applying for reemployment; and
(ii) once reemployed, is entitled to at
least the rate of basic pay to which such
employee would have been entitled had such
employee never transferred to the Council.
(4) Hiring authority.--Not more than 5 employees of the
Council may be appointed, compensated, or removed without
regard to the civil service laws and regulations.
(5) Basic pay.--The Director may fix the rate of basic pay
of employees of the Council without regard to the provisions of
chapter 51 of title 5, United States Code (relating to the
classification of positions) or subchapter III of chapter 53 of
such title (relating to General Schedule pay rates), except
that no employee of the Office may receive a rate of basic pay
that exceeds the rate for level IV of the Executive Schedule
under section 5315 of such title.
(6) Personnel outside the united states.--
(A) Assignment to united states embassies.--
Employees of the Council, including individuals
detailed to or contracted by the Council, may be
assigned to a United States diplomatic mission or
consular post or a United States Agency for
International Development field mission for purposes of
assignments related to activities or programs of the
Council.
(B) Overseas benefits.--Each employee of the
Council, including any individual detailed to or
contracted by the Council, and the members of the
family of such employee, while the employee is
performing duties in any country or place outside the
United States, shall be afforded the same benefits
enjoyed by members of the Foreign Service, or the
family of a member of the Foreign Service, as
appropriate.
(C) Responsibility of chief of mission.--Employees
of the Council, including individuals detailed to or
contracted by the Council, and members of the families
of such employees, shall be subject to section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927) in the
same manner as United States Government employees while
the employee is performing duties in any country or
place outside the United States if such employee or
member of the family of such employee is not a national
of or permanently resident in such country or place.
(j) Public Disclosure.--
(1) In general.--Not less frequently than quarterly, the
Council shall make publicly available--
(A) the findings and conclusions of all the reports
and studies completed by the Council since the most
recent public disclosure;
(B) information regarding funds allocated or
transferred by the Council under this section;
(C) the name of each United States Government
agency with management responsibility for the
activities that were evaluated; and
(D) a description of the program or project carried
out by the agencies described in subparagraph (C).
(2) Dissemination.--The information required to be
disclosed under paragraph (1) shall be made available to the
public--
(A) through publication in the Federal Register;
(B) on the Internet Web site of the Council; and
(C) by any other methods that the Director
determines to be appropriate.
(k) Report on Projected Evaluations.--Not later than December 31,
2010, and November 1 thereafter, the Director shall submit a report to
the appropriate congressional committees that includes a projected list
of evaluations for the current fiscal year.
(l) Report on Methodologies and Best Practices.--
(1) Initial report.--Not later than September 30, 2011, the
Director shall submit a report to each Federal Agency
responsible for implementing foreign assistance programs and to
the appropriate congressional committees that details
recommended methodologies and best practices for use in
evaluating the effectiveness of United States Government
foreign assistance programs.
(2) Regular updates.--The Director shall regularly update
the methodologies recommended in the report submitted under
paragraph (1) to account for developments and trends in foreign
assistance programs.
(3) Biennial report.--Not later than 2 years after the
submission of the report under paragraph (1), and biennially
thereafter, the Director shall submit, to each Federal agency
responsible for implementing foreign assistance programs and to
the appropriate congressional committees, a report that
contains updates to its recommended methodologies and best
practices for use in evaluating the effectiveness of United
States Government foreign assistance programs.
(m) Annual Report.--
(1) In general.--Not later than February 15, 2011, and each
February 15 thereafter, the Director shall submit a report to
the appropriate congressional committees that includes--
(A) the specific programs, projects, and activities
that were evaluated by the Council; and
(B) other activities carried out by the Council
during the most recently completed fiscal year.
(2) Joint submission.--The report described in paragraph
(1) may be submitted with the budget justification materials
submitted to Congress with the President's budget under section
1105(a) of title 31, United States Code.
(n) Strategic Plan.--
(1) Submission.--Every 2 years, the Director shall submit a
strategic plan for the activities of the Council to the
appropriate congressional committees.
(2) Contents.--The strategic plan required under paragraph
(1) shall include--
(A) the long-term strategic goals of the Council;
(B) the identification of the activities and
programs that support--
(i) the achievement of the Council's
strategic goals; and
(ii) opportunities that hold the potential
for yielding significant development or foreign
assistance benefits; and
(C) the connection of the activities and programs
of the Council to activities and missions of United
States foreign assistance programs.
(o) Government Accountability Office Report.--Not later than 6
years after the date of the enactment of this Act, the Comptroller
General of the United States shall submit a report to the appropriate
congressional committees that contains--
(1) a review of, and comments addressing, the performance
and overall effectiveness of the Council's activities, programs
and general operations;
(2) an assessment of how effectively the Council has
implemented its stated objectives and adhered to and
accomplished the purposes and duties described in subsections
(c) and (d);
(3) recommendations relating to any additional actions the
Comptroller General recommends to improve the Council's
performance, activities and operations; and
(4) assess the impact of the Council on the workload of the
International Affairs Division of the Government Accountability
Office.
(p) Administrative Authorities of the Council.--In addition to the
authority otherwise provided under this section, the Council, in
carrying out the provisions of this section, is authorized--
(1) to select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Council;
(2) to obtain services authorized by section 3109 of title
5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-18 of the General
Schedule under section 5332 of such title;
(3) to the extent, and in such amounts as may be
appropriated in advance--
(A) to make and perform such contracts, grants, and
other agreements for audits, studies, evaluations,
analyses, and other services with--
(i) public agencies;
(ii) any private entity or person in the
United States or in a candidate country; and
(iii) governmental agencies of any such
country that is undertaking research that
supports the work of the Council, as
appropriate; and
(B) to make such payments as may be necessary for
carrying out the functions of the Council;
(4) to adopt, alter, and use a seal, which shall be
judicially noticed;
(5) to determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(6) to lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Council;
(7) to accept cash gifts or donations of services or of
property, tangible or intangible, for the purpose of carrying
out the provisions of this section, as it relates to public-
private partnerships;
(8) to use the United States mails in the same manner and
on the same conditions as executive agencies;
(9) to enter into personal services contracts with
individuals, who shall not be considered Federal employees for
any provision of law administered by the Office of Personnel
Management;
(10) to hire or obtain passenger motor vehicles; and
(11) to have such other powers as may be necessary and
incident to carrying out this section.
(q) Other Authorities.--Except to the extent inconsistent with the
provisions of this section, the administrative authorities contained in
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et
seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
shall apply to the implementation of this section to the same extent
and in the same manner as such authorities apply to the implementation
of such Acts.
(r) Applicability of the Government Corporation Control Act.--
(1) In general.--The Council shall be subject to chapter 91
of subtitle VI of title 31, United States Code, except that the
Council shall not be authorized to issue obligations or offer
obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
``(S) the Council on Research and Evaluation of
Foreign Assistance.''.
(s) Inspector General.--
(1) In general.--The Inspector General of the Agency for
International Development--
(A) shall serve as Inspector General for the
Council; and
(B) in acting in such capacity, may conduct
reviews, investigations, and inspections of all aspects
of the operations and activities of the Council.
(2) Reimbursement.--The Council shall reimburse the Agency
for International Development for all expenses incurred by the
Inspector General in connection with the Inspector General's
responsibilities under this subsection.
(t) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section the following amounts:
(1) $30,000,000 for fiscal year 2011.
(2) $35,000,000 for fiscal year 2012.
(3) $40,000,000 for fiscal year 2013.
(4) $45,000,000 for fiscal year 2014.
(5) $50,000,000 for fiscal year 2015.
(6) $55,000,000 for fiscal year 2016.
(u) Effective Date.--This section shall be effective during the 7
year period beginning on the date of the enactment of this Act.
SEC. 7. COMPREHENSIVE WORKFORCE AND HUMAN RESOURCES STRATEGY FOR THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) Comprehensive Workforce and Human Resources Strategy for the
United States Agency for International Development.--The Administrator
shall develop and implement a comprehensive workforce and human
resources strategy for the Agency to support the objective of promoting
development and reducing global poverty.
(b) Scope.--The strategy required under subsection (a) shall be a
strategy for modernizing the workforce of the United States Agency for
International Development in support of foreign assistance and policy
priorities, and shall--
(1) determine long-term Agency personnel priorities,
including priorities over 5- and 10-year time periods;
(2) identify career professional development programs for
all personnel, including training, language, and education,
interagency and intergovernmental rotations, and assignment
opportunities outside the United States Government;
(3) include an assessment of future development and foreign
policy priorities and the implications of such priorities for
technical and policy expertise, including how to meet future
unanticipated demands brought about by manmade and natural
disasters;
(4) include an overseas facilities and security assessment
examining the implications of such facilities and security for
personnel increases;
(5) include the appropriateness of regional platforms to
perform necessary Agency functions and to provide services to
other donors and organizations;
(6) consider structural reform options to professionalize
the human resource capacity of the Agency, including options to
outsource the entirety of the human resource capacity of the
Agency; and
(7) address the means to enable the Agency to access
cutting-edge technical and managerial expertise.
(c) Factors To Consider.--In developing the strategy required under
subsection (a), the Administrator shall, among other things--
(1) examine the objectives the Agency is mandated to
fulfill, and assess whether its current workforce model
effectively supports the goals of the Agency;
(2) review the Agency's workforce evolution and identify
the additional program demands that have been placed on the
workforce in the past 10 years;
(3) examine different personnel and workforce management
models from other United States Government agencies,
international organizations, and the private sector and
determine the comparative advantages the models might offer and
whether they would allow the Agency to better structure its
workforce to carry out its responsibilities and meet the
challenges of a changing environment;
(4) examine different bureaucratic and legislative
constraints facing the Agency in implementing a comprehensive
workforce planning and management system and how these
constraints can be addressed, including--
(A) which limitations, if any, currently exist that
prevent the Agency from hiring the right people for the
right positions in a timely manner, including mid-level
hires and reentry of mid-level professionals into the
Agency; and
(B) how this compares with other organizations,
such as the Department of State and the Millennium
Challenge Corporation (MCC), and how the Agency
compares to the Department of State and the MCC in its
ability to attract and retain high caliber
professionals;
(5) examine the advantages and disadvantages of the
Agency's use of contractors in the last 10 years to carry out
its core mission and management responsibilities;
(6) assess the scope and effectiveness of training,
including the availability of language training, for Agency
personnel, and the extent to which available trainings support
carrying out Agency objectives; and
(7) present a cost analysis for using a contracting model
versus a direct hire model and determine the cost savings and
consequences that could result from the elimination of
institutional contractors and the hiring of the same
professionals as personal services contractors.
(d) Workforce and Human Resources Task Force.--
(1) In general.--The Administrator shall establish a
workforce and human resources task force that will participate
in the development of the workforce and human resources
strategy required under subsection (b) and will consult with,
and provide information and advice to, senior management of the
Agency on matters and issues related to workforce planning,
human resource recruitment and training, and other personnel
issues as the Agency develops and implements the workforce and
human resources strategy.
(2) Composition.--The task force shall be composed of 9
members as follows:
(A) Four senior career professionals of the Agency
from different personnel backgrounds, at least 2 of
whom shall be from Foreign Service, appointed by the
Administrator.
(B) One senior official from the Department of
State appointed by the Secretary.
(C) One senior official from the Office of
Personnel Management appointed by the Director of the
Office of Personnel Management.
(D) Three professionals outside the United States
Government noted for their knowledge and experience in
personnel and human resource issues, appointed by the
Administrator in consultation with the Senate.
(3) Deadline for appointments.--All members of the task
force shall be designated not later than 60 days after the date
of the enactment of this Act.
(4) Termination.--The task force shall terminate 2 years
after the enactment of this Act.
(e) Reports.--
(1) Initial report.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees the strategy required
under subsection (a).
(2) Government accountability office report.--Not later
than 120 days after the submission of the initial strategy
under paragraph (1), the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report that contains--
(A) a review of, and comments addressing, the
strategy submitted under paragraph (1); and
(B) recommendations relating to any additional
actions the Comptroller General recommends to improve
the strategy and its implementation.
(3) Subsequent reports.--Not later than 2 years after the
submission of the initial strategy under paragraph (1), and
every 2 years thereafter until 2021, the Administrator shall
transmit to the appropriate congressional committees an updated
strategy--
(A) assessing progress made during the preceding 2
years toward implementing the strategy required under
this section and meeting the specific goals,
benchmarks, and time frames specified in the strategy
required under subsection (a);
(B) identifying legal or other impediments to
achieving those objectives and recommendations for
addressing those impediments; and
(C) describing modifications to the strategy based
upon the Agency's experience during the previous 2
years and any revisions to the policy, program,
financial or other assumptions that were the basis for
the current strategy.
(f) Outside Assistance.--To assist in the development, formulation,
and implementation of the workforce and human resources strategy, the
Administrator shall contract with an independent organization--
(1) to help the Agency assess current human resource
capacity;
(2) to review how its human resource capacity matches up
against Agency mandates and policy priorities;
(3) to compare the Agency's current human resource system
and practices with best practices of other organizations,
public and private;
(4) to provide a set of recommendations to facilitate
structural reform to the Agency's human resources bureau; and
(5) to assist with other issues related to supporting the
development of the workforce and human resources strategy.
(g) Availability of Funds.--Amounts made available to carry out
section 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427)
shall be made available to carry out subsection (f).
SEC. 8. PERSONNEL AND HUMAN RESOURCES.
(a) Career Professional Development.--Chapter 2 of part III of the
Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by
inserting after section 630 the following new section:
``SEC. 630A. INTERAGENCY AND INTERNATIONAL ORGANIZATION ROTATIONS.
``(a) Rotations.--
``(1) Career guidelines.--The Administrator shall establish
career guidelines for Foreign Service officers and civil
service officers that incorporate interagency,
intergovernmental, or international organization rotational
assignments. The guidelines established under this paragraph
shall include--
``(A) selection;
``(B) professional education and training;
``(C) types of relevant interagency,
intergovernmental, and international organization
assignments; and
``(D) such other matters as the Administrator
considers appropriate.
``(2) Promotions to senior ranks.--Not later than 2 years
after the date of the enactment of this Act, the Administrator
shall establish additional guidelines that consider
participation by relevant officers in at least 1 interagency,
intergovernmental, or international organizational rotational
assignment of at least 6 months as a factor for promotion into
the ranks of the Senior Foreign Service or Senior Executive
Service.
``(3) Promotion policy objectives for assignments to
interagency, intergovernmental, and international
organizations.--
``(A) Qualifications.--The Administrator shall
ensure that promotion precepts and promotion panels do
not penalize officers who have been assigned to
interagency, intergovernmental or international
organizations.
``(B) Report.--The Administrator shall provide an
annual report to the appropriate congressional
committees that--
``(i) specifies the aggregate number of
officers and the promotion rates of officers
who are serving in, or have served in,
interagency, intergovernmental, or
international organization rotational
assignments; and
``(ii) details efforts to meet the
objectives described in paragraph (1).
``(b) External Training and Educational Opportunities.--It is the
sense of Congress that--
``(1) the Administrator of the United States Agency for
International Development should augment and expand external
training and educational opportunities for Foreign Service and
civil service personnel and expand opportunities for work
assignments to entities outside the United States Government;
``(2) a strong development agency should have a
knowledgeable and capable workforce that is familiar with and
has access to cutting edge development practices,
methodologies, ideas, work experience, and programs; and
``(3) the Administrator of the United States Agency for
International Development should ensure that personnel of the
Agency have opportunities during their careers to obtain a
range of knowledge-building work experiences and advanced
education and training in academic and other relevant
institutions in the United States and abroad to increase the
capacity of the Agency to fulfill its mission.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the United States Agency for
International Development shall submit to the appropriate congressional
committees a report on efforts to facilitate and promote external
training and educational opportunities for Foreign Service and civil
service personnel, including--
(1) a description of the internal process of securing such
opportunities and the number of officers who have undertaken
such external trainings in the past year; and
(2) a description of actions the Administrator has taken or
plans to take to further expand and facilitate external
training and educational opportunities.
SEC. 9. STRENGTHENING DEVELOPMENT COORDINATION IN THE FIELD.
(a) In General.--Section 631(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2391) is amended to read as follows:
``(d) Coordination of Development Assistance Activities.--Under the
overall direction of the chief of the United States diplomatic mission,
the chief of each special mission carrying out the purposes of part I
in a country shall be responsible for the coordination of all
development and humanitarian efforts of the United States Government in
such country. Such activities shall include all development and
humanitarian activities from funds made available to carry out the
provisions of this or any other Act.''.
(b) Sense of Congress on Modernizing USAID Missions for the 21st
Century.--It is the sense of Congress that--
(1) the role of the United States Agency for International
Development (USAID) and foreign assistance continues to evolve
to meet emerging challenges, new priorities, changing
circumstances, and augmented roles and responsibilities;
(2) the environment in which our foreign assistance and
development agencies operate is dramatically different than the
Cold War environment in which they were created;
(3) despite the new and changing of USAID circumstances,
the United States Government has not significantly updated the
basic USAID mission structure since it was first established in
1961; and
(4) to reflect evolving threats, opportunities and
challenges in the 21st century, USAID should undertake a
comprehensive examination of the mission structure, with
special attention to staffing, authorities, the balance between
Washington, District of Columbia, and the field, and management
best practices.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development shall submit to the appropriate
congressional committees a report on modernizing USAID missions for the
21st century, including--
(1) whether missions are staffed and well suited for
current and emerging roles and responsibilities;
(2) whether the management and organizational structure
provide the required flexibility while providing effective
oversight of programs;
(3) whether the level of centralized versus decentralized
decisionmaking is appropriate for the current and emerging
context in which the mission is working;
(4) whether there is sufficient flexibility in terms of
personnel to address fluctuations in funding for programs, and
if not, what type of flexibility would be helpful;
(5) whether up-to-date technical expertise and lessons from
prior projects are being systematically incorporated into new
program design;
(6) whether missions of USAID are appropriately focused on
bilateral and multilateral donor coordination and whether this
is a priority for USAID personnel;
(7) what the appropriate relationship and balance are
between USAID missions and the broader United States mission in
a country;
(8) how effectively USAID is able to coordinate with the
Department of Defense, especially as the Department of Defense
implements an increasing number of development and humanitarian
programs;
(9) whether the existing structure of the United States
foreign assistance system allows for proper coordination
between different Federal departments and agencies implementing
foreign assistance and development programs to avoid
duplication of effort; and
(10) what obstacles exist to more effective coordination,
including what structural or organizational improvements would
assist with more effective coordination.
SEC. 10. TRANSPARENCY OF UNITED STATES FOREIGN ASSISTANCE.
(a) Sense of Congress on Transparency of Assistance.--It is the
sense of Congress that--
(1) United States citizens and recipients of United States
foreign assistance should, to the maximum extent practicable,
have full access to information on United States foreign
assistance; and
(2) to the extent possible, United States Government
agencies, departments, and institutions should undertake
preparatory consultations with relevant outside stakeholders in
a transparent and full manner in the course of formulating
policies and strategies related to foreign assistance and
development.
(b) Public Availability of Information.--
(1) In general.--The President shall direct all Federal
departments and agencies to make publicly available on their
Web sites comprehensive, timely, comparable, and accessible
information on United States foreign assistance. The
information shall be presented on a detailed program-by-program
basis and country-by-country basis.
(2) Content.--To ensure transparency, accountability, and
effectiveness of United States foreign assistance, the
information on United States foreign assistance published and
made available under paragraph (1) shall include annual budget
presentations and justifications of any programs or projects
that provide foreign assistance by any Federal department or
agency. In the event that detailed information is classified,
an unclassified summary shall be posted and the classified
details shall be submitted separately to the appropriate
congressional committees.
(3) Timely availability of information.--The President
shall direct the head of each Federal department and agency
providing United States foreign assistance to ensure that the
information required under this subsection is made available on
no less than an annual basis at the time the President's annual
budget is released. Data that is of a provisional nature shall
be updated when actual figures are available.
(c) Sense of Multilateral Efforts.--It is the sense of Congress
that, in order to best assess the use and impact of United States
foreign assistance in relation to funding provided by other donor
nations and recipient countries, the President should fully engage with
and participate in the International Aid Transparency Initiative,
established on September 4, 2008, at the Accra High Level Forum on Aid
Effectiveness.
SEC. 11. OPERATING EXPENSES.
(a) Findings.--Congress makes the following findings:
(1) The separate account created by Congress in 1976 to
authorize and appropriate funds for all operating expenses of
the United States Agency for International Development has been
an important tool to ensure transparency of administrative
costs and accountability of funds.
(2) Funding for the operating expenses of the Agency has
not kept pace with the growth of the Agency's program funding
and the expanded geographic and sectoral demands for economic
assistance abroad.
(3) As a result, this has caused the Agency in certain
cases to fund selected administrative costs out of program
funds in order to properly administer, oversee, and implement
its programs and activities, thus detracting from the goals of
increased transparency and accountability that establishment of
the separate operating expenses account was intended to foster.
(4) A 2003 Government Accountability Office report on the
operating expenses of the Agency noted that ``USAID's operating
expense account does not fully reflect the agency's cost of
doing business primarily because the agency pays for some
administrative activities done by contractors and other
nondirect-hire staff with program funds'' and that ``Congress
has increasingly encouraged the Agency to use program funds to
support certain administrative costs''.
(5) The December 2007 HELP Commission Report on Foreign
Assistance Reform--
(A) states, ``Over time, the effectiveness of a
separate OE budget has eroded. During the past 30
years, Congress and the Executive branch have allowed
program funds to be used to pay for the costs of
activities once funded from the OE account while
cutting the OE budget.'';
(B) recommends ``[a]bolish[ing] the OE account and
replac[ing] it with a more accurate accounting
process,'';
(C) argues that ``the USAID OE account no longer
serves a useful purpose''; and
(D) states, ``While it might have been constructive
in bringing clarity to the cost of doing business in
the 1970s, another system should be developed that
calculates true administrative and management expenses,
including those now funded with program or project
funds. This new system needs to allow administrative
expenses to be properly managed and monitored and needs
to ensure that Congress receives clear, timely and
transparent information regarding these
expenditures.''.
(6) While Congress concurs with the HELP Commission's
recommendation that a major reassessment of the scope and the
continued utility of the operating expenses account structure
is in order, Congress also believes that the urgency of the
issues confronting Agency management in terms of hiring
technical expertise and providing the Agency with the capacity
to oversee and administer critical foreign assistance programs
and functions, justifies providing the Agency with broader
discretion on ways to support direct-hire staffing
requirements.
(b) Guidelines for Program Funds.--
(1) In general.--Subject to paragraph (2) and except as
otherwise authorized by law, program funds may be used for--
(A) travel expenses of all employees who are
members of the Foreign Service or civil service;
(B) salaries and related expenses of employees
other than Foreign Service or civil service employees
who are United States citizens; and
(C) costs associated with research and policy
analysis in support of programs (other than for
salaries and benefits of employees or costs associated
with contractors), including analysis for development
assistance policy planning and for the design,
monitoring, and evaluation of programs and activities.
(2) Notification.--The Administrator shall--
(A) submit a written report to the appropriate
congressional committees detailing the Agency's plan
for managing and accounting for the funds used in
accordance with the authority provided by paragraph (1)
not later than 60 days after the date of the enactment
of this Act; and
(B) consult with the appropriate congressional
committees about the use and management of such funds
not later than 60 days after the date of the enactment
of this Act.
(c) Semiannual Report.--Not later than once every 6 months until
2013, the Administrator shall submit a report to the appropriate
congressional committees that details the purpose and amount of funds
obligated under the authority provided pursuant to subsection (b),
categorized by bureau and activity.
(d) Report on Recommendations for Operating Expense Reform.--Not
later than 1 year after the date of the enactment of this Act, the
Administrator, in coordination with the workforce and human resources
task force established pursuant to section 7(d), shall submit a report
to the appropriate congressional committees that contains--
(1) recommendations and detailed justifications for
streamlining and improving the efficiency of how the Agency
uses operating expenses, including recommendations for
alternative models and approaches;
(2) recommendations and detailed justifications for
increasing the transparency of Agency operating expenses;
(3) an assessment of how the operating expenses account has
affected Agency performance in support of program goals and
objectives; and
(4) an assessment of how the operating expenses account has
affected human resources and personnel of the Agency, including
a discussion of the proliferation of new hiring authorities and
increased reliance on contractors to handle the core business
of the Agency.
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