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
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.
This Act may be cited as
Foreign Assistance Revitalization
and Accountability Act of 2009.
In this Act:
Except as otherwise provided, the term Administrator means the Administrator of the United States Agency for International Development.
as otherwise provided, the term
Agency means the United States
Agency for International Development.
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.
Except as otherwise provided, the term Secretary means the Secretary of State.
Congress makes the following findings:
Poverty, hunger, lack of opportunity, gender inequality, and environmental degradation are recognized as significant contributors to—
socioeconomic and political instability; and
the exacerbation of disease pandemic and other global health threats.
The 2006 National
Security Strategy of the United States notes,
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..
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
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.
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.
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.
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.
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.
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.
Policy and strategic planning
Sense of congress on building the policy capacity of USAID
It is the sense of Congress that—
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;
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;
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
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.
Establishment of USAID positions To build policy and strategic planning capacity
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:
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.
Assistant Administrator for Policy and Strategic Planning
Such section is further amended by adding at the end the following new subsection:
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.
Subsection (a) of such section is amended by striking
twelve and inserting
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:
Bureau for Policy and Strategic Planning
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
The primary duties of the Bureau shall include the following:
Developing and formulating United States Government policy on development issues in support of United States policy objectives.
Ensuring long-term strategic planning and direction for overall development policy and programs, as well as across regions and sectors.
Designing and conducting significant research and evaluation on development and aid effectiveness.
Establishing resource and workforce allocation criteria.
Guiding overall budget decisions and reviewing bureau-specific resource allocations, workforce allocations, operational planning, and program decisions.
Integrating monitoring and evaluation into overall decisionmaking and strategic planning.
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:
Office for Learning, Evaluation, and Analysis in Development
Sense of Congress on analysis and evaluation
It is the sense of Congress that—
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;
the design of assistance programs and projects should include the collection of relevant data required to measure outcomes and impacts;
the design of assistance programs and projects should reflect the knowledge gained from evaluation and analysis;
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;
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
project evaluations should be used as sources of data when running broader analyses of development outcomes and impacts.
is established in the Bureau for Policy and Strategic Planning an Office for
Learning, Evaluation, and Analysis in Development (referred to in this section
Office), which shall be under the management of the
Assistant Administrator for Policy and Strategic Planning.
The duties of the Office shall be to—
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;
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;
serve as an authoritative voice in linking evaluation and research results to strategic planning and policy options;
design a strategy for strengthening evaluation and research for foreign assistance programs managed by the United States Agency International Development;
develop the scope and guidelines for evaluation and research that are multidisciplinary in nature;
establish annual evaluation and research agendas and objectives that are responsive to policy and programmatic priorities;
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;
coordinate the evaluation processes of bureaus and missions of the United States Agency for International Development;
develop and implement a training plan on evaluation and research for aid personnel;
make recommendations to the Assistant Administrator for Policy and Strategic Planning on linking evaluation and research findings to policy and strategic planning options;
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;
distribute evaluation and research reports internally and make this material available online to the public; and
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.
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).
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.
Evaluation and analysis activities of the Office shall be in addition to, but not duplicative of, existing monitoring activities as provided under existing law.
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.
Annual reports to Congress
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.
The report required under paragraph (1) shall include—
a copy of the annual evaluation and research agenda for the preceding year;
a description of the evaluation activities conducted in the preceding year;
a description of training activities conducted in the preceding year;
a forecast of evaluation and research planned for the following year; and
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.
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.
In this section:
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.
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.
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.
The term output means the products, capital, goods, and services that result from a project, program, or activity.
Council on Research and Evaluation of Foreign Assistance
Congress makes the following findings:
The American public and Congress must have confidence that—
Federal funds allocated for foreign assistance programs are used efficiently and effectively; and
funding allocations and programs are linked to clearly defined policy objectives.
The December 2007
HELP Commission Report on Foreign Assistance Reform states,
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..
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.
is established in the executive branch the Council on Research and Evaluation
of Foreign Assistance (referred to in this section as the
The purposes of the Council shall be—
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
to cultivate an integrated research and development program that will—
incorporate best practices from evaluation studies and analyses; and
foster and promote innovative programs to improve the effectiveness of United States foreign assistance.
Duties and authorities
Evaluations of united states government foreign assistance programs and international and multilateral assistance programs receiving financial assistance from the united states
The Council is authorized to conduct evaluations, on a program-by-program basis, of the effectiveness of—
foreign assistance programs carried out by any United States Government agency; and
international and multilateral assistance programs receiving financial assistance from the United States.
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.
The Director, in consultation with the Board, shall establish—
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
procedures for conducting such evaluations.
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.
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.
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.
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—
an assessment of the effectiveness of the program evaluated, including the effectiveness of any partnership with non-Federal partners, as appropriate;
any recommendations to improve the program’s effectiveness, including the effectiveness of partnerships with non-Federal organizations, as appropriate; and
any comments received from the head of the Federal agency, or his or her designee, including any non-Federal partner, as appropriate.
The Director shall regularly consult with the appropriate congressional committees to discuss priorities for evaluations to be conducted under subparagraph (A).
Research on foreign assistance design, implementation, evaluation, and effectiveness
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—
research and analysis aimed at developing objective methodologies for evaluating the effectiveness of foreign assistance programs in achieving assistance objectives;
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
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.
In addition to the research conducted under subparagraph (A), the Council may also conduct research and analysis on—
trends relating to foreign assistance programs and the measures necessary to ensure continued progress; and
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.
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).
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.
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.
The Council shall actively collaborate with Federal agencies responsible for implementing foreign assistance programs by—
sharing the results of research conducted pursuant to subparagraph (A); and
providing recommendations and advice on how to improve the design, effectiveness, efficiency, and innovation of such programs.
The Director shall regularly consult with the appropriate congressional committees to discuss priorities for research to be conducted under subparagraph (A).
The Council shall preserve its independence to ensure organizational autonomy, protection from external influence, and avoidance of conflicts of interest.
Council on Research and Evaluation of Foreign Assistance Advisory Board
is established a Council on Research and Evaluation of Foreign Assistance
Advisory Board (referred to in this subsection as the
The purposes of the Board shall be—
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
to serve as a forum for coordination and discussion of related matters pertaining to the Council’s operations and activities.
The Board shall—
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
ensure coordination with the Office of Management and Budget in the Executive Office of the President.
The Board shall consist of—
the Director of the Council, or designee;
the Secretary of State, or designee;
the Secretary of the Treasury, or designee;
the Administrator of the United States Agency for International Development, or designee;
the Chief Executive Officer of the Millennium Challenge Corporation, or designee;
the Secretary of Agriculture, or designee;
the Secretary of Defense, or designee;
the Secretary of Health and Human Services, or designee;
1 individual to be appointed by the Director;
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;
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—
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;
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;
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
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.
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.
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.
A vacancy in the Board shall be filled in the manner in which the original appointment was made.
The members of the Board shall select from among its membership a Chairperson to serve a 1-year term.
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.
A majority of the members of the Board shall constitute a quorum.
The Board shall meet at the call of the Chairperson but no less than annually.
Officers of the federal government
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.
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.
Except as provided in clause (ii), a member of the Board described in paragraph (4)(F)—
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
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.
A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.
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.
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—
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
disregard the political affiliation of the individuals.
The Director shall—
be responsible for the management of the Council;
exercise the powers of the Council;
be responsible for initiating, carrying out, and completing any evaluation or analysis of any development, humanitarian, or foreign assistance program or activity; and
discharge the duties of the Council.
The Director shall—
have the equivalent rank of Under Secretary; and
be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code.
Additional term; removal
The Director may be reappointed for not more than 1 additional 4-year term.
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.
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.
The Director shall appoint—
a Deputy Director for Evaluation, who shall be responsible for overseeing the evaluations conducted by the Council; and
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.
Office space, equipment, and supplies
Each agency head shall provide the Director with—
appropriate and adequate office space at central and field office locations of such agency;
such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices; and
necessary maintenance services for such offices and the equipment and facilities located in such offices.
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—
work schedule flexibility;
merit based hiring;
fair treatment without regard to political affiliation;
equal pay for equal work;
protection of employees against reprisal for whistle blowing;
a pay-for-performance evaluation system that links individual pay to performance;
a streamlined process for removing underperforming employees; and
a maximum tenure with the Council of 7 years.
Detail of personnel
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.
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.
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—
is separated from the Council for any reason, other than misconduct, neglect of duty, or malfeasance; and
applies for reemployment not later than 90 days after the date of separation from the Council.
An employee described in subparagraph (A)—
is entitled to be reemployed within 30 days after applying for reemployment; and
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.
Not more than 5 employees of the Council may be appointed, compensated, or removed without regard to the civil service laws and regulations.
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.
Personnel outside the united states
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.
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.
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.
Not less frequently than quarterly, the Council shall make publicly available—
the findings and conclusions of all the reports and studies completed by the Council since the most recent public disclosure;
information regarding funds allocated or transferred by the Council under this section;
the name of each United States Government agency with management responsibility for the activities that were evaluated; and
a description of the program or project carried out by the agencies described in subparagraph (C).
The information required to be disclosed under paragraph (1) shall be made available to the public—
through publication in the Federal Register;
on the Internet Web site of the Council; and
by any other methods that the Director determines to be appropriate.
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.
Report on methodologies and best practices
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.
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.
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.
Not later than February 15, 2011, and each February 15 thereafter, the Director shall submit a report to the appropriate congressional committees that includes—
the specific programs, projects, and activities that were evaluated by the Council; and
other activities carried out by the Council during the most recently completed fiscal year.
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.
Every 2 years, the Director shall submit a strategic plan for the activities of the Council to the appropriate congressional committees.
The strategic plan required under paragraph (1) shall include—
the long-term strategic goals of the Council;
the identification of the activities and programs that support—
the achievement of the Council’s strategic goals; and
opportunities that hold the potential for yielding significant development or foreign assistance benefits; and
the connection of the activities and programs of the Council to activities and missions of United States foreign assistance programs.
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—
a review of, and comments addressing, the performance and overall effectiveness of the Council’s activities, programs and general operations;
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);
recommendations relating to any additional actions the Comptroller General recommends to improve the Council’s performance, activities and operations; and
assess the impact of the Council on the workload of the International Affairs Division of the Government Accountability Office.
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—
to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Council;
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;
to the extent, and in such amounts as may be appropriated in advance—
to make and perform such contracts, grants, and other agreements for audits, studies, evaluations, analyses, and other services with—
any private entity or person in the United States or in a candidate country; and
governmental agencies of any such country that is undertaking research that supports the work of the Council, as appropriate; and
to make such payments as may be necessary for carrying out the functions of the Council;
to adopt, alter, and use a seal, which shall be judicially noticed;
to determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;
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;
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;
to use the United States mails in the same manner and on the same conditions as executive agencies;
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;
to hire or obtain passenger motor vehicles; and
to have such other powers as may be necessary and incident to carrying out this section.
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.
Applicability of the Government Corporation Control Act
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.
Section 9101(3) of title 31, United States Code, is amended by adding at the end the following:
the Council on Research and Evaluation of Foreign Assistance.
The Inspector General of the Agency for International Development—
shall serve as Inspector General for the Council; and
in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Council.
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.
Authorization of appropriations
There are authorized to be appropriated to carry out this section the following amounts:
$30,000,000 for fiscal year 2011.
$35,000,000 for fiscal year 2012.
$40,000,000 for fiscal year 2013.
$45,000,000 for fiscal year 2014.
$50,000,000 for fiscal year 2015.
$55,000,000 for fiscal year 2016.
This section shall be effective during the 7 year period beginning on the date of the enactment of this Act.
Comprehensive workforce and human resources strategy for the United States Agency for International Development
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.
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—
determine long-term Agency personnel priorities, including priorities over 5- and 10-year time periods;
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;
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;
include an overseas facilities and security assessment examining the implications of such facilities and security for personnel increases;
include the appropriateness of regional platforms to perform necessary Agency functions and to provide services to other donors and organizations;
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
address the means to enable the Agency to access cutting-edge technical and managerial expertise.
Factors To consider
In developing the strategy required under subsection (a), the Administrator shall, among other things—
examine the objectives the Agency is mandated to fulfill, and assess whether its current workforce model effectively supports the goals of the Agency;
review the Agency's workforce evolution and identify the additional program demands that have been placed on the workforce in the past 10 years;
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;
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—
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
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;
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;
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
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.
Workforce and human resources task force
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.
The task force shall be composed of 9 members as follows:
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.
One senior official from the Department of State appointed by the Secretary.
One senior official from the Office of Personnel Management appointed by the Director of the Office of Personnel Management.
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.
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.
The task force shall terminate 2 years after the enactment of this Act.
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).
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 review of, and comments addressing, the strategy submitted under paragraph (1); and
recommendations relating to any additional actions the Comptroller General recommends to improve the strategy and its implementation.
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—
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);
identifying legal or other impediments to achieving those objectives and recommendations for addressing those impediments; and
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.
To assist in the development, formulation, and implementation of the workforce and human resources strategy, the Administrator shall contract with an independent organization—
to help the Agency assess current human resource capacity;
to review how its human resource capacity matches up against Agency mandates and policy priorities;
to compare the Agency’s current human resource system and practices with best practices of other organizations, public and private;
to provide a set of recommendations to facilitate structural reform to the Agency’s human resources bureau; and
to assist with other issues related to supporting the development of the workforce and human resources strategy.
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).
Personnel and human resources
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:
Interagency and international organization rotations
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—
professional education and training;
types of relevant interagency, intergovernmental, and international organization assignments; and
such other matters as the Administrator considers appropriate.
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.
Promotion policy objectives for assignments to interagency, intergovernmental, and international organizations
The Administrator shall ensure that promotion precepts and promotion panels do not penalize officers who have been assigned to interagency, intergovernmental or international organizations.
The Administrator shall provide an annual report to the appropriate congressional committees that—
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
details efforts to meet the objectives described in paragraph (1).
External training and educational opportunities
It is the sense of Congress that—
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;
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
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.
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—
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
a description of actions the Administrator has taken or plans to take to further expand and facilitate external training and educational opportunities.
Strengthening development coordination in the field
Section 631(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2391) is amended to read as follows:
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.
Sense of Congress on modernizing USAID missions for the 21st Century
It is the sense of Congress that—
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;
the environment in which our foreign assistance and development agencies operate is dramatically different than the Cold War environment in which they were created;
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
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.
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—
whether missions are staffed and well suited for current and emerging roles and responsibilities;
whether the management and organizational structure provide the required flexibility while providing effective oversight of programs;
whether the level of centralized versus decentralized decisionmaking is appropriate for the current and emerging context in which the mission is working;
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;
whether up-to-date technical expertise and lessons from prior projects are being systematically incorporated into new program design;
whether missions of USAID are appropriately focused on bilateral and multilateral donor coordination and whether this is a priority for USAID personnel;
what the appropriate relationship and balance are between USAID missions and the broader United States mission in a country;
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;
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
what obstacles exist to more effective coordination, including what structural or organizational improvements would assist with more effective coordination.
Transparency of United States foreign assistance
Sense of Congress on transparency of assistance
It is the sense of Congress that—
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
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.
Public availability of Information
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.
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.
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.
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.
Congress makes the following findings:
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.
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.
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.
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
The December 2007 HELP Commission Report on Foreign Assistance Reform—
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.;
[a]bolish[ing] the OE account and replac[ing] it with a more accurate
the USAID OE account no longer serves a useful purpose;
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
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.
Guidelines for program funds
Subject to paragraph (2) and except as otherwise authorized by law, program funds may be used for—
travel expenses of all employees who are members of the Foreign Service or civil service;
salaries and related expenses of employees other than Foreign Service or civil service employees who are United States citizens; and
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.
The Administrator shall—
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
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.
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.
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—
recommendations and detailed justifications for streamlining and improving the efficiency of how the Agency uses operating expenses, including recommendations for alternative models and approaches;
recommendations and detailed justifications for increasing the transparency of Agency operating expenses;
an assessment of how the operating expenses account has affected Agency performance in support of program goals and objectives; and
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.