II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Assistance Re5 vitalization and Accountability Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—Except as otherwise pro2 vided, the term ‘‘Administrator’’ means the Adminis3 trator of the United States Agency for International 

4 Development. 

5 (2) AGENCY.—Except as otherwise provided, 

6 the term ‘‘Agency’’ means the United States Agency 

7 for International Development. 

8 (3) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Foreign Relations 

11 of the Senate and the Committee on Foreign Affairs 

12 of the House of Representatives. 

13 (4) SECRETARY.—Except as otherwise provided, 

14 the term ‘‘Secretary’’ means the Secretary of State. 

15 SEC. 3. FINDINGS. 

16 Congress makes the following findings: 

17 (1) Poverty, hunger, lack of opportunity, gender 

18 inequality, and environmental degradation are recog19 nized as significant contributors to— 

20 (A) socioeconomic and political instability; 

21 and 

22 (B) the exacerbation of disease pandemic 

23 and other global health threats. 

24 (2) The 2006 National Security Strategy of the 

25 United States notes, ‘‘America’s national interests 


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1 and moral values drive us in the same direction: to 

2 assist the world’s poor citizens and least developed 

3 nations and help integrate them into the global econ4 omy.’’. 

5 (3) The bipartisan Final Report of the National 

6 Commission on Terrorist Attacks Upon the United 

7 States (9/11 Commission Report) recommends, ‘‘A 

8 comprehensive United States strategy to counter ter9 rorism should include economic policies that encour10 age development, more open societies, and opportu11 nities for people to improve the lives of their families 

12 and enhance prospects for their children.’’. 

13 (4) The alleviation of poverty and hunger is in 

14 the national interest of the United States. It im15 proves United States security by mitigating the un16 derlying causes of violence and extremism, addresses 

17 threats like climate change and pandemic disease, 

18 expands economic opportunities for producers and 

19 consumers in the United States, demonstrates 

20 United States leadership to the world, and rep21 resents the values, humanitarianism, and generosity 

22 of the American people. 

23 (5) Elevating the standing of the United States 

24 in the world represents a critical and essential ele25 ment for any strategy to improve national and global 


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1 security by mitigating the root causes of conflict and 

2 multinational terrorism, strengthening diplomatic 

3 and economic relationships, preventing global cli4 mate change, curbing weapons proliferation, and fos5 tering peace and cooperation between all nations. 

6 (6) Currently the global development policies 

7 and programs of the United States Government are 

8 scattered across 12 different Federal departments, 

9 25 different Federal agencies, and nearly 60 Federal 

10 Government offices. The current law governing for11 eign assistance is outdated, cumbersome, and lacks 

12 relevance for modern challenges, articulating at least 

13 140 broad priorities for United States development 

14 efforts, with at least 400 specific directives on how 

15 to implement those broad priorities. Moreover, it al16 lows the budget process to drive priorities, rather 

17 than setting clear priorities that drive resource deci18 sions. 

19 (7) The international and domestic challenges 

20 of the 21st century—including transnational threats 

21 such as economic instability, terrorism, climate 

22 change, and disease—cannot be met with a foreign 

23 assistance apparatus that was created to confront 

24 the challenges of the 20th century. The cornerstone 

25 for a new foreign assistance architecture begins with 


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1 reform of the Foreign Assistance Act of 1961 that 

2 ensures a rationalized organizational structure for a 

3 strengthened development agency, a concise set of 

4 development priorities, rebuilt human resource ca5 pacity, strengthened monitoring and evaluation, re6 invigorated policy and intellectual expertise, with 

7 sufficient resources and commensurate account8 ability to achieve key foreign assistance goals. 

9 (8) President Barack Obama has expressed a 

10 commitment to cut extreme poverty and hunger 

11 around the world in half, and to increase the level 

12 of United States foreign assistance to meet that 

13 goal. 

14 SEC. 4. STATEMENT OF POLICY. 

15 It is the policy of the United States, given the impor16 tance of global prosperity and security to the national in17 terests of the United States, to promote global develop18 ment, good governance, and the reduction of poverty and 

19 hunger. In support of this policy, a reform and rebuilding 

20 process should be initiated that will redefine the United 

21 States foreign assistance architecture and strengthen the 

22 capacity of the United States Agency for International De23 velopment and related agencies to establish effective devel24 opment policies and implement innovative and effective 

25 foreign assistance programs with maximum impact. 


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1 SEC. 5. POLICY AND STRATEGIC PLANNING. 

2 (a) SENSE OF CONGRESS ON BUILDING THE POLICY

3 CAPACITY OF USAID.—It is the sense of Congress that— 

4 (1) there has been too little emphasis in recent 

5 years in developing the capacity of the Agency to 

6 formulate international development policy and to 

7 integrate important policy initiatives and innovative 

8 policy concepts into Agency programs and activities; 

9 (2) the Agency should increase its emphasis on 

10 recruiting, hiring, training, and enhancing profes11 sional officers who will support the Agency’s role in 

12 formulating development policy and enhancing inno13 vative solutions to development challenges; 

14 (3) there is a particular need to strengthen pol15 icy formulation and development in missions world16 wide, in addition to strengthening the capacity of the 

17 Agency to address policy issues in headquarters in 

18 Washington, District of Columbia, which should be 

19 dealt with by deploying policy officers to missions 

20 worldwide; and 

21 (4) a Bureau for Policy and Strategic Planning 

22 should ensure that policy concepts and priorities are 

23 appropriately integrated into all programs and ac24 tivities undertaken by the Agency. 

25 (b) ESTABLISHMENT OF USAID POSITIONS TO

26 BUILD POLICY AND STRATEGIC PLANNING CAPACITY.— 


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1 (1) DEPUTY ADMINISTRATOR OF THE UNITED

2 STATES AGENCY FOR INTERNATIONAL DEVELOP3 MENT.—Section 624 of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2384) is amended by inserting 

5 after subsection (c) the following new subsection: 

6 ‘‘(d) DEPUTY ADMINISTRATORS.—There shall be in 

7 the United States Agency for International Development, 

8 among the statutory officers authorized by subsection (a), 

9 not more than 2 Deputy Administrators, who shall assist 

10 the Administrator in all matters.’’. 

11 (2) ASSISTANT ADMINISTRATOR FOR POLICY

12 AND STRATEGIC PLANNING.—Such section is further 

13 amended by adding at the end the following new 

14 subsection: 

15 ‘‘(f) ASSISTANT ADMINISTRATOR FOR POLICY AND

16 STRATEGIC PLANNING.—There shall be in the United 

17 States Agency for International Development, among the 

18 statutory officers authorized by subsection (a), an Assist19 ant Administrator for Policy and Strategic Planning, who 

20 shall assist the Administrator and Deputy Administrators 

21 in matters related to policy planning, strategic planning, 

22 program design, research, evaluation, budget allocation 

23 and management, and in other matters.’’. 


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1 (3) CLERICAL AMENDMENT.—Subsection (a) of 

2 such section is amended by striking ‘‘twelve’’ and in3 serting ‘‘fourteen’’. 

4 (c) BUREAU FOR POLICY AND STRATEGIC PLAN5 NING.—Chapter 2 of part III of the Foreign Assistance 

6 Act of 1961 (22 U.S.C. 2381 et seq.) is amended by in7 serting after section 624 the following new section: 

8 ‘‘SEC. 624A. BUREAU FOR POLICY AND STRATEGIC PLAN9 NING. 

10 ‘‘(a) ESTABLISHMENT.—There is established in the 

11 United States Agency for International Development a 

12 Bureau for Policy and Strategic Planning (referred to in 

13 this section as the ‘Bureau’). 

14 ‘‘(b) DUTIES.—The primary duties of the Bureau 

15 shall include the following: 

16 ‘‘(1) Developing and formulating United States 

17 Government policy on development issues in support 

18 of United States policy objectives. 

19 ‘‘(2) Ensuring long-term strategic planning and 

20 direction for overall development policy and pro21 grams, as well as across regions and sectors. 

22 ‘‘(3) Designing and conducting significant re23 search and evaluation on development and aid effec24 tiveness. 


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1 ‘‘(4) Establishing resource and workforce allo2 cation criteria. 

3 ‘‘(5) Guiding overall budget decisions and re4 viewing bureau-specific resource allocations, work5 force allocations, operational planning, and program 

6 decisions. 

7 ‘‘(6) Integrating monitoring and evaluation into 

8 overall decisionmaking and strategic planning.’’. 

9 (d) OFFICE FOR LEARNING, EVALUATION, AND

10 ANALYSIS IN DEVELOPMENT.—Chapter 2 of part III of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et 

12 seq.), as amended by subsection (c), is further amended 

13 by inserting after section 624A the following: 

14 ‘‘SEC. 624B OFFICE FOR LEARNING, EVALUATION, AND 

15 ANALYSIS IN DEVELOPMENT. 

16 ‘‘(a) SENSE OF CONGRESS ON ANALYSIS AND EVAL17 UATION.—It is the sense of Congress that— 

18 ‘‘(1) achieving United States foreign policy ob19 jectives requires the consistent and systematic eval20 uation of the impact of United States foreign assist21 ance programs and analysis on what programs work 

22 and why, when, and where they work; 

23 ‘‘(2) the design of assistance programs and 

24 projects should include the collection of relevant 

25 data required to measure outcomes and impacts; 


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1 ‘‘(3) the design of assistance programs and 

2 projects should reflect the knowledge gained from 

3 evaluation and analysis; 

4 ‘‘(4) a culture and practice of high quality eval5 uation should be revitalized at agencies managing 

6 foreign assistance programs, which requires that the 

7 concepts of evaluation and analysis are used to in8 form policy and programmatic decisions, including 

9 the training of aid professionals in evaluation design 

10 and implementation; 

11 ‘‘(5) the effective and efficient use of funds can12 not be achieved without an understanding of how 

13 lessons learned are applicable in various environ14 ments, and under similar or different conditions; and 

15 ‘‘(6) project evaluations should be used as 

16 sources of data when running broader analyses of 

17 development outcomes and impacts. 

18 ‘‘(b) ESTABLISHMENT.—There is established in the 

19 Bureau for Policy and Strategic Planning an Office for 

20 Learning, Evaluation, and Analysis in Development (re21 ferred to in this section as the ‘Office’), which shall be 

22 under the management of the Assistant Administrator for 

23 Policy and Strategic Planning. 

24 ‘‘(c) DUTIES.—The duties of the Office shall be to— 


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1 ‘‘(1) develop, design, coordinate, guide, and 

2 conduct the complete range of activities relating to 

3 the monitoring of resources, the evaluation of 

4 projects, the evaluation of program impacts, and 

5 analysis that is necessary for the identification of 

6 findings, generalizations that can be derived from 

7 those findings, and their applicability to proposed 

8 project and program design; 

9 ‘‘(2) serve as a resource to the United States 

10 Agency for International Development, other govern11 ment entities, implementing partners, the academic 

12 community, the donor community, and host govern13 ments in the design of programs and projects; 

14 ‘‘(3) serve as an authoritative voice in linking 

15 evaluation and research results to strategic planning 

16 and policy options; 

17 ‘‘(4) design a strategy for strengthening evalua18 tion and research for foreign assistance programs 

19 managed by the United States Agency International 

20 Development; 

21 ‘‘(5) develop the scope and guidelines for eval22 uation and research that are multidisciplinary in na23 ture; 


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1 ‘‘(6) establish annual evaluation and research 

2 agendas and objectives that are responsive to policy 

3 and programmatic priorities; 

4 ‘‘(7) guide the use of rigorous methodologies, 

5 choosing from among a wide variety of qualitative 

6 and quantitative methods common in the field of so7 cial scientific inquiry; 

8 ‘‘(8) coordinate the evaluation processes of bu9 reaus and missions of the United States Agency for 

10 International Development; 

11 ‘‘(9) develop and implement a training plan on 

12 evaluation and research for aid personnel; 

13 ‘‘(10) make recommendations to the Assistant 

14 Administrator for Policy and Strategic Planning on 

15 linking evaluation and research findings to policy 

16 and strategic planning options; 

17 ‘‘(11) develop a clearinghouse capacity for the 

18 dissemination of knowledge and lessons learned to 

19 USAID professionals, implementing partners, the 

20 international aid community, and aid recipient gov21 ernments, and as a repository of knowledge on les22 sons learned; 

23 ‘‘(12) distribute evaluation and research reports 

24 internally and make this material available online to 

25 the public; and 


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1 ‘‘(13) partner with the academic community, 

2 implementing partners, and national and inter3 national institutions that have expertise in evalua4 tion and analysis when such partnerships will pro5 vide needed expertise or will significantly improve 

6 the evaluation and analysis. 

7 ‘‘(d) SUBORDINATE UNITS.—The Administrator may 

8 create such subordinate units as may be necessary for the 

9 performance of duties described in paragraphs (9) and 

10 (11) of subsection (c). 

11 ‘‘(e) TECHNICAL EXPERTISE.—If the Assistant Ad12 ministrator determines that the Office requires expertise 

13 that is of a technical nature and is outside the expertise 

14 of the Agency for International Development, such exper15 tise may be accessed through existing contracting authori16 ties. 

17 ‘‘(f) MONITORING.—Evaluation and analysis activi18 ties of the Office shall be in addition to, but not duplica19 tive of, existing monitoring activities as provided under ex20 isting law. 

21 ‘‘(g) COORDINATION.—The Office should closely co22 ordinate and consult with the Council on Research and 

23 Evaluation of Foreign Assistance to ensure consistency of 

24 approach toward evaluation, research, analysis, and re25 lated activities. 


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1 ‘‘(h) ANNUAL REPORTS TO CONGRESS.— 

2 ‘‘(1) IN GENERAL.—Not later than 1 year after 

3 the date of the enactment of this Act, and not later 

4 than December 31 of each year thereafter, the Ad5 ministrator shall submit to the appropriate congres6 sional committees a report on the work of the Office. 

7 ‘‘(2) CONTENT.—The report required under 

8 paragraph (1) shall include— 

9 ‘‘(A) a copy of the annual evaluation and 

10 research agenda for the preceding year; 

11 ‘‘(B) a description of the evaluation activi12 ties conducted in the preceding year; 

13 ‘‘(C) a description of training activities 

14 conducted in the preceding year; 

15 ‘‘(D) a forecast of evaluation and research 

16 planned for the following year; and 

17 ‘‘(E) a description of the ways in which the 

18 results of evaluations have informed the design 

19 and operation of agency policies and programs 

20 during the year. 

21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the United States 

23 Agency for International Development $5,000,000 for fis24 cal year 2010 and such sums as may be necessary for fis25 cal year 2011. 


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1 ‘‘(j) DEFINITIONS.—In this section: 

2 ‘‘(1) ANALYSIS.—The term ‘analysis’ means the 

3 comparative study of evaluations conducted over a 

4 period of time, in varying locations, and under vary5 ing conditions that produces generalized findings 

6 and explanations of outcomes and assesses their ap7 plicability to proposed project and program design. 

8 ‘‘(2) EVALUATION.—The term ‘evaluation’ 

9 means the full range of activities designed to assess 

10 the efficiency and effectiveness of inputs and proc11 esses on outputs, results, and outcomes of various 

12 projects, programs, and activities. 

13 ‘‘(3) OUTCOME.—The term ‘outcome’ means 

14 any change occurring during the course of a project, 

15 program, or activity, including changes that cannot 

16 be attributed directly to the project, program, or ac17 tivity. 

18 ‘‘(4) OUTPUTS.—The term ‘output’ means the 

19 products, capital, goods, and services that result 

20 from a project, program, or activity.’’. 

21 SEC. 6. COUNCIL ON RESEARCH AND EVALUATION OF FOR22 EIGN ASSISTANCE. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) The American public and Congress must 

2 have confidence that— 

3 (A) Federal funds allocated for foreign as4 sistance programs are used efficiently and effec5 tively; and 

6 (B) funding allocations and programs are 

7 linked to clearly defined policy objectives. 

8 (2) The December 2007 HELP Commission 

9 Report on Foreign Assistance Reform states, ‘‘[T]he 

10 systems our government uses to evaluate develop11 ment and humanitarian assistance programs are ei12 ther in disarray or do not exist. Current systems 

13 tend to focus more on outputs, such as counting how 

14 many books are delivered to a school, rather than on 

15 outcomes, such as measuring how many children can 

16 actually read. Indeed, out of 26,285 impact evalua17 tions that USAID conducted between 1996 and 

18 2005, only 30 measured the impact of projects.’’. 

19 (3) The HELP Commission also recommends 

20 that the United States Government reestablish an 

21 independent Office of Monitoring and Evaluation re22 sponsible for foreign assistance operations and pro23 vide the office with sufficient funding to monitor and 

24 evaluate performance that should be accountable to 

25 Congress and to the executive branch. 


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1 (b) ESTABLISHMENT.—There is established in the ex2 ecutive branch the Council on Research and Evaluation 

3 of Foreign Assistance (referred to in this section as the 

4 ‘‘Council’’). 

5 (c) PURPOSES.—The purposes of the Council shall 

6 be— 

7 (1) to evaluate the impact of United States 

8 Government foreign assistance programs and their 

9 contribution to policy, strategies, projects, program 

10 goals, and priorities undertaken by the United 

11 States Government in support of foreign policy ob12 jectives; and 

13 (2) to cultivate an integrated research and de14 velopment program that will— 

15 (A) incorporate best practices from evalua16 tion studies and analyses; and 

17 (B) foster and promote innovative pro18 grams to improve the effectiveness of United 

19 States foreign assistance. 

20 (d) DUTIES AND AUTHORITIES.— 

21 (1) EVALUATIONS OF UNITED STATES GOVERN22 MENT FOREIGN ASSISTANCE PROGRAMS AND INTER23 NATIONAL AND MULTILATERAL ASSISTANCE PRO24 GRAMS RECEIVING FINANCIAL ASSISTANCE FROM

25 THE UNITED STATES.— 


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1 (A) AUTHORIZATION.—The Council is au2 thorized to conduct evaluations, on a program3 by-program basis, of the effectiveness of— 

4 (i) foreign assistance programs car5 ried out by any United States Government 

6 agency; and 

7 (ii) international and multilateral as8 sistance programs receiving financial as9 sistance from the United States. 

10 (B) IMPACT ASSESSMENT.—Evaluations 

11 conducted under subparagraph (A) shall assess 

12 the impact of the programs described in clauses 

13 (i) and (ii) of subparagraph (A) and their con14 tribution to policy, strategies, projects, program 

15 goals, and priorities of the United States Gov16 ernment. 

17 (C) SELECTION CRITERIA.—The Director, 

18 in consultation with the Board, shall estab19 lish— 

20 (i) criteria for selecting foreign assist21 ance programs and international and mul22 tilateral assistance programs receiving fi23 nancial assistance from the United States 

24 to be evaluated under subparagraph (A); 

25 and 


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1 (ii) procedures for conducting such 

2 evaluations. 

3 (D) COORDINATION.—The criteria and 

4 procedures established under subparagraph (C) 

5 shall include procedures to avoid duplication of 

6 the Council’s activities, and to ensure effective 

7 coordination and cooperation, with the activities 

8 of the Comptroller General of the United 

9 States, relevant Inspectors General, and other 

10 relevant entities. 

11 (E) METHODOLOGIES.—In conducting 

12 evaluations under subparagraph (A), the Coun13 cil shall utilize rigorous and objective meth14 odologies, choosing from among a wide variety 

15 of qualitative and quantitative methods common 

16 in the field of social scientific inquiry. 

17 (F) INTERAGENCY ASSISTANCE.—In con18 ducting evaluations under subparagraph (A), 

19 the Director is authorized to request informa20 tion or assistance from the head of any Federal 

21 agency to the extent necessary to facilitate the 

22 evaluation of a program, including access to all 

23 records, reports, audits, reviews, documents, pa24 pers, recommendations, and other material 

25 available to the program being evaluated by the 


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1 Council. Upon receipt of a request under this 

2 subparagraph, the head of the Federal agency 

3 receiving the request, insofar as is practicable 

4 and not in contravention of any applicable law, 

5 shall furnish to the Director, or to an author6 ized designee, such information or assistance as 

7 may be necessary to carry out the purposes of 

8 this section. 

9 (G) REPORTS.—At least 30 days before 

10 issuing a report under this subparagraph, the 

11 Director shall submit a draft of the report to 

12 the head of the Federal agency responsible for 

13 implementing the program being evaluated and 

14 provide the agency head an opportunity to com15 ment on the report. The Council shall issue a 

16 report to the appropriate congressional commit17 tees on each evaluation conducted under sub18 paragraph (A) that contains— 

19 (i) an assessment of the effectiveness 

20 of the program evaluated, including the ef21 fectiveness of any partnership with non22 Federal partners, as appropriate; 

23 (ii) any recommendations to improve 

24 the program’s effectiveness, including the 


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1 effectiveness of partnerships with non-Fed2 eral organizations, as appropriate; and 

3 (iii) any comments received from the 

4 head of the Federal agency, or his or her 

5 designee, including any non-Federal part6 ner, as appropriate. 

7 (H) CONSULTATION.—The Director shall 

8 regularly consult with the appropriate congres9 sional committees to discuss priorities for eval10 uations to be conducted under subparagraph 

11 (A). 

12 (2) RESEARCH ON FOREIGN ASSISTANCE DE13 SIGN, IMPLEMENTATION, EVALUATION, AND EFFEC14 TIVENESS.— 

15 (A) IN GENERAL.—The Council shall con16 duct research and analysis on the design, imple17 mentation, evaluation, and effectiveness of for18 eign assistance programs in an effort to develop 

19 innovative approaches relating to foreign assist20 ance, including— 

21 (i) research and analysis aimed at de22 veloping objective methodologies for evalu23 ating the effectiveness of foreign assistance 

24 programs in achieving assistance objec25 tives; 


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1 (ii) research and analysis aimed at 

2 identifying ways of improving coordination 

3 of foreign assistance programs carried out 

4 by Federal agencies, including ways of co5 ordinating research and development con6 ducted by such agencies; and 

7 (iii) research and analysis aimed at 

8 identifying approaches through which the 

9 United States Government can support the 

10 development of evaluation capacity in de11 veloping countries, and strategies to en12 courage the use of evaluation findings 

13 among different levels of decision makers 

14 and implementers. 

15 (B) ADDITIONAL RESEARCH.—In addition 

16 to the research conducted under subparagraph 

17 (A), the Council may also conduct research and 

18 analysis on— 

19 (i) trends relating to foreign assist20 ance programs and the measures necessary 

21 to ensure continued progress; and 

22 (ii) the relative effectiveness of inter23 national and multilateral assistance pro24 grams receiving financial assistance from 

25 the United States, including programs of 


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1 the World Bank Group, United Nations 

2 entities, and regional multilateral develop3 ment banks, as compared to United States 

4 foreign assistance programs. 

5 (C) INTEGRATED RESEARCH AND DEVEL6 OPMENT PROGRAM.—The Director, in consulta7 tion with the Board, shall establish and imple8 ment an integrated research and development 

9 program that will serve as a laboratory for in10 novative programs related to foreign assistance 

11 to fulfill the objectives described in subpara12 graph (A). 

13 (D) PARTNERS.—In conducting research 

14 and analysis under subparagraph (A), the 

15 Council shall partner with the academic com16 munity, implementing partners, and national 

17 and international institutions that have exper18 tise in evaluation, research, and analysis, as ap19 propriate. 

20 (E) REPORTS.—The Council shall issue re21 ports to the appropriate congressional commit22 tees on the results of research conducted pursu23 ant to subparagraph (A) that include rec24 ommendations to Federal agencies responsible 

25 for implementing foreign assistance programs 


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1 on how to improve the design, implementation, 

2 and evaluation of such programs. 

3 (F) COLLABORATION.—The Council shall 

4 actively collaborate with Federal agencies re5 sponsible for implementing foreign assistance 

6 programs by— 

7 (i) sharing the results of research con8 ducted pursuant to subparagraph (A); and 

9 (ii) providing recommendations and 

10 advice on how to improve the design, effec11 tiveness, efficiency, and innovation of such 

12 programs. 

13 (G) CONSULTATION.—The Director shall 

14 regularly consult with the appropriate congres15 sional committees to discuss priorities for re16 search to be conducted under subparagraph 

17 (A). 

18 (3) INDEPENDENCE.—The Council shall pre19 serve its independence to ensure organizational au20 tonomy, protection from external influence, and 

21 avoidance of conflicts of interest. 

22 (e) COUNCIL ON RESEARCH AND EVALUATION OF

23 FOREIGN ASSISTANCE ADVISORY BOARD.— 

24 (1) ESTABLISHMENT.—There is established a 

25 Council on Research and Evaluation of Foreign AsVerDate Nov 24 2008 16:13 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1524.IS S1524

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1 sistance Advisory Board (referred to in this sub2 section as the ‘‘Board’’). 

3 (2) PURPOSES.—The purposes of the Board 

4 shall be— 

5 (A) to consult with the Director regarding 

6 the existing program of work of the Council, 

7 current evaluations that are ongoing or com8 pleted, and projected evaluations and activities 

9 to be undertaken by the Council; and 

10 (B) to serve as a forum for coordination 

11 and discussion of related matters pertaining to 

12 the Council’s operations and activities. 

13 (3) DUTIES.—The Board shall— 

14 (A) regularly consult with the Director re15 garding the activities of the Council, but may 

16 not prevent or prohibit the Director from initi17 ating, carrying out, or completing any evalua18 tion or analysis of any development, humani19 tarian, or foreign assistance program or activ20 ity; and 

21 (B) ensure coordination with the Office of 

22 Management and Budget in the Executive Of23 fice of the President. 

24 (4) MEMBERSHIP.—The Board shall consist 

25 of— 


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1 (A) the Director of the Council, or des2 ignee; 

3 (B) the Secretary of State, or designee; 

4 (C) the Secretary of the Treasury, or des5 ignee; 

6 (D) the Administrator of the United States 

7 Agency for International Development, or des8 ignee; 

9 (E) the Chief Executive Officer of the Mil10 lennium Challenge Corporation, or designee; 

11 (F) the Secretary of Agriculture, or des12 ignee; 

13 (G) the Secretary of Defense, or designee; 

14 (H) the Secretary of Health and Human 

15 Services, or designee; 

16 (I) 1 individual to be appointed by the Di17 rector; 

18 (J) 1 officer in the Senior Foreign Service 

19 for the Agency for International Development 

20 or the Department of State with experience in 

21 the implementation of assistance programs; 

22 (K) 4 individuals with relevant professional 

23 evaluation and international experience, who 

24 shall be appointed by the President, by and 


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1 with the advice and consent of the Senate, of 

2 which— 

3 (i) 1 individual shall be appointed 

4 from among a list of 3 individuals sub5 mitted by the chairman of the Committee 

6 on Foreign Relations of the Senate; 

7 (ii) 1 individual shall be appointed 

8 from among a list of 3 individuals sub9 mitted by the ranking member of the Com10 mittee on Foreign Relations of the Senate; 

11 (iii) 1 individual shall be appointed 

12 from among a list of 3 individuals sub13 mitted by the chairman of the Committee 

14 on Foreign Affairs of the House of Rep15 resentatives; and 

16 (iv) 1 individual shall be appointed 

17 from among a list of 3 individuals sub18 mitted by the ranking member of the Com19 mittee on Foreign Affairs of the House of 

20 Representatives. 

21 (5) TERMS.— 

22 (A) OFFICERS OF THE FEDERAL GOVERN23 MENT.—Each member of the Board described 

24 in subparagraphs (A) through (H) of paragraph 

25 (4) shall serve for a term that is concurrent 


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1 with the term of service of the individual’s posi2 tion as an officer within the other Federal de3 partment or agency. 

4 (B) OTHER MEMBERS.—Each member of 

5 the Board described in subparagraphs (I) 

6 through (K) of paragraph (4) shall be ap7 pointed for a 3-year term and may be re8 appointed for an additional 2-year term. 

9 (C) VACANCIES.—A vacancy in the Board 

10 shall be filled in the manner in which the origi11 nal appointment was made. 

12 (6) CHAIRPERSON.—The members of the Board 

13 shall select from among its membership a Chair14 person to serve a 1-year term. 

15 (7) TECHNICAL ADVISORY GROUP.—The Direc16 tor shall have the authority to form a technical advi17 sory group to provide recommendations and advise 

18 the existing program of work of the Council. The 

19 subgroup shall consist of the 4 members of the 

20 Board described in paragraph (4)(K), and additional 

21 members as appropriate. 

22 (8) QUORUM.—A majority of the members of 

23 the Board shall constitute a quorum. 

24 (9) MEETINGS.—The Board shall meet at the 

25 call of the Chairperson but no less than annually. 


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1 (10) COMPENSATION.— 

2 (A) OFFICERS OF THE FEDERAL GOVERN3 MENT.— 

4 (i) IN GENERAL.—A member of the 

5 Board described in subparagraph (A), (B), 

6 (C), (D), (E), (F), (G), or (H) of para7 graph (4) may not receive additional pay, 

8 allowances, or benefits by reason of the 

9 member’s service on the Board. 

10 (ii) TRAVEL EXPENSES.—Each such 

11 member of the Board shall receive travel 

12 expenses, including per diem in lieu of sub13 sistence, in accordance with applicable pro14 visions under subchapter I of chapter 57 of 

15 title 5, United States Code. 

16 (B) OTHER MEMBERS.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii), a member of the Board de19 scribed in paragraph (4)(F)— 

20 (I) shall be paid compensation 

21 out of funds made available for the 

22 purposes of this title at the daily 

23 equivalent of the highest rate payable 

24 under section 5332 of title 5, United 

25 States Code, for each day (including 


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1 travel time) during which the member 

2 is engaged in the actual performance 

3 of duties as a member of the Board; 

4 and 

5 (II) while away from the mem6 ber’s home or regular place of busi7 ness on necessary travel in the actual 

8 performance of duties as a member of 

9 the Board, shall be paid per diem, 

10 travel, and transportation expenses in 

11 the same manner as is provided under 

12 subchapter I of chapter 57 of title 5, 

13 United States Code. 

14 (ii) LIMITATION.—A member of the 

15 Board may not be paid compensation 

16 under clause (i)(II) for more than 90 days 

17 in any calendar year. 

18 (f) DIRECTOR.— 

19 (1) APPOINTMENT.— 

20 (A) IN GENERAL.—The Council shall be 

21 headed by a Director, who shall be appointed by 

22 the President from among the individuals rec23 ommended under subparagraph (B) to a 4-year 

24 term, subject to a 1-year renewal, by and with 

25 the advice and consent of the Senate. 


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1 (B) SELECTION.—When a vacancy occurs 

2 in the office of Director, the chairmen and 

3 ranking minority members of the Committee on 

4 Foreign Relations of the Senate and the Com5 mittee on Foreign Affairs of the House of Rep6 resentatives shall each recommend up to 3 indi7 viduals to the President for appointment to the 

8 vacant office. In considering individuals for ap9 pointment to the office of Director, the chair10 men and ranking minority members shall— 

11 (i) take into account the integrity and 

12 demonstrated ability of the individuals in 

13 public administration, international devel14 opment and foreign assistance programs, 

15 monitoring and evaluation analysis, and all 

16 aspects of program and project design; and 

17 (ii) disregard the political affiliation of 

18 the individuals. 

19 (2) RESPONSIBILITIES.—The Director shall— 

20 (A) be responsible for the management of 

21 the Council; 

22 (B) exercise the powers of the Council; 

23 (C) be responsible for initiating, carrying 

24 out, and completing any evaluation or analysis 


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1 of any development, humanitarian, or foreign 

2 assistance program or activity; and 

3 (D) discharge the duties of the Council. 

4 (3) RANK; COMPENSATION.—The Director 

5 shall— 

6 (A) have the equivalent rank of Under Sec7 retary; and 

8 (B) be compensated at the rate provided 

9 for level III of the Executive Schedule under 

10 section 5314 of title 5, United States Code. 

11 (4) ADDITIONAL TERM; REMOVAL.— 

12 (A) ADDITIONAL TERM.—The Director 

13 may be reappointed for not more than 1 addi14 tional 4-year term. 

15 (B) REMOVAL.—The President may re16 move the Director from office after submitting 

17 written notification to the Senate and the 

18 House of Representatives that describes the un19 derlying reasons for such removal. 

20 (5) CONFORMING AMENDMENT.—Section 5314 

21 of title 5, United States Code, is amended by adding 

22 at the end the following: 

23 ‘‘Director, Council on Research and Evaluation of 

24 Foreign Assistance.’’. 


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1 (g) DEPUTY DIRECTORS.—The Director shall ap2 point— 

3 (1) a Deputy Director for Evaluation, who shall 

4 be responsible for overseeing the evaluations con5 ducted by the Council; and 

6 (2) a Deputy Director for Research Innovation, 

7 who shall be responsible for overseeing an integrated 

8 research and development program that will foster 

9 and promote innovative programs to improve the ef10 fectiveness of United States foreign assistance. 

11 (h) OFFICE SPACE, EQUIPMENT, AND SUPPLIES.— 

12 Each agency head shall provide the Director with— 

13 (1) appropriate and adequate office space at 

14 central and field office locations of such agency; 

15 (2) such equipment, office supplies, and com16 munications facilities and services as may be nec17 essary for the operation of such offices; and 

18 (3) necessary maintenance services for such of19 fices and the equipment and facilities located in such 

20 offices. 

21 (i) PERSONNEL MATTERS.— 

22 (1) HUMAN RESOURCES MANAGEMENT SYS23 TEM.—Notwithstanding any other provision of law, 

24 the Director may establish a human resources manVerDate Nov 24 2008 16:13 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1524.IS S1524

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1 agement system for the employees of the Council 

2 that provides for— 

3 (A) work schedule flexibility; 

4 (B) merit based hiring; 

5 (C) fair treatment without regard to polit6 ical affiliation; 

7 (D) equal pay for equal work; 

8 (E) protection of employees against re9 prisal for whistle blowing; 

10 (F) a pay-for-performance evaluation sys11 tem that links individual pay to performance; 

12 (G) a streamlined process for removing 

13 underperforming employees; and 

14 (H) a maximum tenure with the Council of 

15 7 years. 

16 (2) DETAIL OF PERSONNEL.— 

17 (A) FROM FEDERAL GOVERNMENT.—Upon 

18 the request of the Director, the head of a Fed19 eral agency may detail any employee of such 

20 agency to the Council on a reimbursable basis. 

21 Any employee so detailed remains, for the pur22 pose of preserving such employee’s allowances, 

23 privileges, rights, seniority, and other benefits, 

24 an employee of the agency from which detailed. 


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1 (B) FROM OUTSIDE ORGANIZATIONS.—The 

2 Director may accept the services of personnel 

3 detailed to the Council from organizations out4 side the Federal Government, including bilat5 eral agencies, multilateral institutions, inter6 national organizations, think-tanks, nongovern7 mental organizations, institutions of higher edu8 cation, and the private sector. 

9 (3) REEMPLOYMENT RIGHTS.— 

10 (A) IN GENERAL.—An employee of an 

11 agency who is serving under a career or career 

12 conditional appointment (or the equivalent), 

13 and who, with the consent of the head of such 

14 agency, transfers to the Council, is entitled to 

15 be reemployed in such employee’s former posi16 tion or a position of like seniority, status, and 

17 pay in such agency, if such employee— 

18 (i) is separated from the Council for 

19 any reason, other than misconduct, neglect 

20 of duty, or malfeasance; and 

21 (ii) applies for reemployment not later 

22 than 90 days after the date of separation 

23 from the Council. 

24 (B) SPECIFIC RIGHTS.—An employee de25 scribed in subparagraph (A)— 


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1 (i) is entitled to be reemployed within 

2 30 days after applying for reemployment; 

3 and 

4 (ii) once reemployed, is entitled to at 

5 least the rate of basic pay to which such 

6 employee would have been entitled had 

7 such employee never transferred to the 

8 Council. 

9 (4) HIRING AUTHORITY.—Not more than 5 em10 ployees of the Council may be appointed, com11 pensated, or removed without regard to the civil 

12 service laws and regulations. 

13 (5) BASIC PAY.—The Director may fix the rate 

14 of basic pay of employees of the Council without re15 gard to the provisions of chapter 51 of title 5, 

16 United States Code (relating to the classification of 

17 positions) or subchapter III of chapter 53 of such 

18 title (relating to General Schedule pay rates), except 

19 that no employee of the Office may receive a rate of 

20 basic pay that exceeds the rate for level IV of the 

21 Executive Schedule under section 5315 of such title. 

22 (6) PERSONNEL OUTSIDE THE UNITED

23 STATES.— 

24 (A) ASSIGNMENT TO UNITED STATES EM25 BASSIES.—Employees of the Council, including 


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1 individuals detailed to or contracted by the 

2 Council, may be assigned to a United States 

3 diplomatic mission or consular post or a United 

4 States Agency for International Development 

5 field mission for purposes of assignments re6 lated to activities or programs of the Council. 

7 (B) OVERSEAS BENEFITS.—Each employee 

8 of the Council, including any individual detailed 

9 to or contracted by the Council, and the mem10 bers of the family of such employee, while the 

11 employee is performing duties in any country or 

12 place outside the United States, shall be af13 forded the same benefits enjoyed by members of 

14 the Foreign Service, or the family of a member 

15 of the Foreign Service, as appropriate. 

16 (C) RESPONSIBILITY OF CHIEF OF MIS17 SION.—Employees of the Council, including in18 dividuals detailed to or contracted by the Coun19 cil, and members of the families of such em20 ployees, shall be subject to section 207 of the 

21 Foreign Service Act of 1980 (22 U.S.C. 3927) 

22 in the same manner as United States Govern23 ment employees while the employee is per24 forming duties in any country or place outside 

25 the United States if such employee or member 


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1 of the family of such employee is not a national 

2 of or permanently resident in such country or 

3 place. 

4 (j) PUBLIC DISCLOSURE.— 

5 (1) IN GENERAL.—Not less frequently than 

6 quarterly, the Council shall make publicly avail7 able— 

8 (A) the findings and conclusions of all the 

9 reports and studies completed by the Council 

10 since the most recent public disclosure; 

11 (B) information regarding funds allocated 

12 or transferred by the Council under this sec13 tion; 

14 (C) the name of each United States Gov15 ernment agency with management responsibility 

16 for the activities that were evaluated; and 

17 (D) a description of the program or project 

18 carried out by the agencies described in sub19 paragraph (C). 

20 (2) DISSEMINATION.—The information required 

21 to be disclosed under paragraph (1) shall be made 

22 available to the public— 

23 (A) through publication in the Federal 

24 Register; 


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1 (B) on the Internet Web site of the Coun2 cil; and 

3 (C) by any other methods that the Direc4 tor determines to be appropriate. 

5 (k) REPORT ON PROJECTED EVALUATIONS.—Not 

6 later than December 31, 2010, and November 1 there7 after, the Director shall submit a report to the appropriate 

8 congressional committees that includes a projected list of 

9 evaluations for the current fiscal year. 

10 (l) REPORT ON METHODOLOGIES AND BEST PRAC11 TICES.— 

12 (1) INITIAL REPORT.—Not later than Sep13 tember 30, 2011, the Director shall submit a report 

14 to each Federal Agency responsible for implementing 

15 foreign assistance programs and to the appropriate 

16 congressional committees that details recommended 

17 methodologies and best practices for use in evalu18 ating the effectiveness of United States Government 

19 foreign assistance programs. 

20 (2) REGULAR UPDATES.—The Director shall 

21 regularly update the methodologies recommended in 

22 the report submitted under paragraph (1) to account 

23 for developments and trends in foreign assistance 

24 programs. 


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1 (3) BIENNIAL REPORT.—Not later than 2 years 

2 after the submission of the report under paragraph 

3 (1), and biennially thereafter, the Director shall sub4 mit, to each Federal agency responsible for imple5 menting foreign assistance programs and to the ap6 propriate congressional committees, a report that 

7 contains updates to its recommended methodologies 

8 and best practices for use in evaluating the effective9 ness of United States Government foreign assistance 

10 programs. 

11 (m) ANNUAL REPORT.— 

12 (1) IN GENERAL.—Not later than February 15, 

13 2011, and each February 15 thereafter, the Director 

14 shall submit a report to the appropriate congres15 sional committees that includes— 

16 (A) the specific programs, projects, and ac17 tivities that were evaluated by the Council; and 

18 (B) other activities carried out by the 

19 Council during the most recently completed fis20 cal year. 

21 (2) JOINT SUBMISSION.—The report described 

22 in paragraph (1) may be submitted with the budget 

23 justification materials submitted to Congress with 

24 the President’s budget under section 1105(a) of title 

25 31, United States Code. 


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1 (n) STRATEGIC PLAN.— 

2 (1) SUBMISSION.—Every 2 years, the Director 

3 shall submit a strategic plan for the activities of the 

4 Council to the appropriate congressional committees. 

5 (2) CONTENTS.—The strategic plan required 

6 under paragraph (1) shall include— 

7 (A) the long-term strategic goals of the 

8 Council; 

9 (B) the identification of the activities and 

10 programs that support— 

11 (i) the achievement of the Council’s 

12 strategic goals; and 

13 (ii) opportunities that hold the poten14 tial for yielding significant development or 

15 foreign assistance benefits; and 

16 (C) the connection of the activities and 

17 programs of the Council to activities and mis18 sions of United States foreign assistance pro19 grams. 

20 (o) GOVERNMENT ACCOUNTABILITY OFFICE RE21 PORT.—Not later than 6 years after the date of the enact22 ment of this Act, the Comptroller General of the United 

23 States shall submit a report to the appropriate congres24 sional committees that contains— 


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1 (1) a review of, and comments addressing, the 

2 performance and overall effectiveness of the Coun3 cil’s activities, programs and general operations; 

4 (2) an assessment of how effectively the Council 

5 has implemented its stated objectives and adhered to 

6 and accomplished the purposes and duties described 

7 in subsections (c) and (d); 

8 (3) recommendations relating to any additional 

9 actions the Comptroller General recommends to im10 prove the Council’s performance, activities and oper11 ations; and 

12 (4) assess the impact of the Council on the 

13 workload of the International Affairs Division of the 

14 Government Accountability Office. 

15 (p) ADMINISTRATIVE AUTHORITIES OF THE COUN16 CIL.—In addition to the authority otherwise provided 

17 under this section, the Council, in carrying out the provi18 sions of this section, is authorized— 

19 (1) to select, appoint, and employ such officers 

20 and employees as may be necessary for carrying out 

21 the functions, powers, and duties of the Council; 

22 (2) to obtain services authorized by section 

23 3109 of title 5, United States Code, at daily rates 

24 not to exceed the equivalent rate prescribed for 


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1 grade GS–18 of the General Schedule under section 

2 5332 of such title; 

3 (3) to the extent, and in such amounts as may 

4 be appropriated in advance— 

5 (A) to make and perform such contracts, 

6 grants, and other agreements for audits, stud7 ies, evaluations, analyses, and other services 

8 with— 

9 (i) public agencies; 

10 (ii) any private entity or person in the 

11 United States or in a candidate country; 

12 and 

13 (iii) governmental agencies of any 

14 such country that is undertaking research 

15 that supports the work of the Council, as 

16 appropriate; and 

17 (B) to make such payments as may be nec18 essary for carrying out the functions of the 

19 Council; 

20 (4) to adopt, alter, and use a seal, which shall 

21 be judicially noticed; 

22 (5) to determine and prescribe the manner in 

23 which its obligations shall be incurred and its ex24 penses allowed and paid, including expenses for rep25 resentation; 


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1 (6) to lease, purchase, or otherwise acquire, im2 prove, and use such real property wherever situated, 

3 as may be necessary for carrying out the functions 

4 of the Council; 

5 (7) to accept cash gifts or donations of services 

6 or of property, tangible or intangible, for the pur7 pose of carrying out the provisions of this section, as 

8 it relates to public-private partnerships; 

9 (8) to use the United States mails in the same 

10 manner and on the same conditions as executive 

11 agencies; 

12 (9) to enter into personal services contracts 

13 with individuals, who shall not be considered Federal 

14 employees for any provision of law administered by 

15 the Office of Personnel Management; 

16 (10) to hire or obtain passenger motor vehicles; 

17 and 

18 (11) to have such other powers as may be nec19 essary and incident to carrying out this section. 

20 (q) OTHER AUTHORITIES.—Except to the extent in21 consistent with the provisions of this section, the adminis22 trative authorities contained in the State Department 

23 Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) 

24 and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 

25 et seq.) shall apply to the implementation of this section 


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1 to the same extent and in the same manner as such au2 thorities apply to the implementation of such Acts. 

3 (r) APPLICABILITY OF THE GOVERNMENT CORPORA4 TION CONTROL ACT.— 

5 (1) IN GENERAL.—The Council shall be subject 

6 to chapter 91 of subtitle VI of title 31, United 

7 States Code, except that the Council shall not be au8 thorized to issue obligations or offer obligations to 

9 the public. 

10 (2) CONFORMING AMENDMENT.—Section 

11 9101(3) of title 31, United States Code, is amended 

12 by adding at the end the following: 

13 ‘‘(S) the Council on Research and Evalua14 tion of Foreign Assistance.’’. 

15 (s) INSPECTOR GENERAL.— 

16 (1) IN GENERAL.—The Inspector General of 

17 the Agency for International Development— 

18 (A) shall serve as Inspector General for the 

19 Council; and 

20 (B) in acting in such capacity, may con21 duct reviews, investigations, and inspections of 

22 all aspects of the operations and activities of 

23 the Council. 

24 (2) REIMBURSEMENT.—The Council shall reim25 burse the Agency for International Development for 


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1 all expenses incurred by the Inspector General in 

2 connection with the Inspector General’s responsibil3 ities under this subsection. 

4 (t) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 the following amounts: 

7 (1) $30,000,000 for fiscal year 2011. 

8 (2) $35,000,000 for fiscal year 2012. 

9 (3) $40,000,000 for fiscal year 2013. 

10 (4) $45,000,000 for fiscal year 2014. 

11 (5) $50,000,000 for fiscal year 2015. 

12 (6) $55,000,000 for fiscal year 2016. 

13 (u) EFFECTIVE DATE.—This section shall be effec14 tive during the 7 year period beginning on the date of the 

15 enactment of this Act. 

16 SEC. 7. COMPREHENSIVE WORKFORCE AND HUMAN RE17 SOURCES STRATEGY FOR THE UNITED 

18 STATES AGENCY FOR INTERNATIONAL DE19 VELOPMENT. 

20 (a) COMPREHENSIVE WORKFORCE AND HUMAN RE21 SOURCES STRATEGY FOR THE UNITED STATES AGENCY

22 FOR INTERNATIONAL DEVELOPMENT.—The Adminis23 trator shall develop and implement a comprehensive work24 force and human resources strategy for the Agency to supVerDate Nov 24 2008 16:13 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1524.IS S1524

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1 port the objective of promoting development and reducing 

2 global poverty. 

3 (b) SCOPE.—The strategy required under subsection 

4 (a) shall be a strategy for modernizing the workforce of 

5 the United States Agency for International Development 

6 in support of foreign assistance and policy priorities, and 

7 shall— 

8 (1) determine long-term Agency personnel pri9 orities, including priorities over 5- and 10-year time 

10 periods; 

11 (2) identify career professional development 

12 programs for all personnel, including training, lan13 guage, and education, interagency and intergovern14 mental rotations, and assignment opportunities out15 side the United States Government; 

16 (3) include an assessment of future develop17 ment and foreign policy priorities and the implica18 tions of such priorities for technical and policy ex19 pertise, including how to meet future unanticipated 

20 demands brought about by manmade and natural 

21 disasters; 

22 (4) include an overseas facilities and security 

23 assessment examining the implications of such facili24 ties and security for personnel increases; 


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1 (5) include the appropriateness of regional plat2 forms to perform necessary Agency functions and to 

3 provide services to other donors and organizations; 

4 (6) consider structural reform options to profes5 sionalize the human resource capacity of the Agency, 

6 including options to outsource the entirety of the 

7 human resource capacity of the Agency; and 

8 (7) address the means to enable the Agency to 

9 access cutting-edge technical and managerial exper10 tise. 

11 (c) FACTORS TO CONSIDER.—In developing the 

12 strategy required under subsection (a), the Administrator 

13 shall, among other things— 

14 (1) examine the objectives the Agency is man15 dated to fulfill, and assess whether its current work16 force model effectively supports the goals of the 

17 Agency; 

18 (2) review the Agency’s workforce evolution and 

19 identify the additional program demands that have 

20 been placed on the workforce in the past 10 years; 

21 (3) examine different personnel and workforce 

22 management models from other United States Gov23 ernment agencies, international organizations, and 

24 the private sector and determine the comparative ad25 vantages the models might offer and whether they 


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1 would allow the Agency to better structure its work2 force to carry out its responsibilities and meet the 

3 challenges of a changing environment; 

4 (4) examine different bureaucratic and legisla5 tive constraints facing the Agency in implementing 

6 a comprehensive workforce planning and manage7 ment system and how these constraints can be ad8 dressed, including— 

9 (A) which limitations, if any, currently 

10 exist that prevent the Agency from hiring the 

11 right people for the right positions in a timely 

12 manner, including mid-level hires and reentry of 

13 mid-level professionals into the Agency; and 

14 (B) how this compares with other organi15 zations, such as the Department of State and 

16 the Millennium Challenge Corporation (MCC), 

17 and how the Agency compares to the Depart18 ment of State and the MCC in its ability to at19 tract and retain high caliber professionals; 

20 (5) examine the advantages and disadvantages 

21 of the Agency’s use of contractors in the last 10 

22 years to carry out its core mission and management 

23 responsibilities; 

24 (6) assess the scope and effectiveness of train25 ing, including the availability of language training, 


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1 for Agency personnel, and the extent to which avail2 able trainings support carrying out Agency objec3 tives; and 

4 (7) present a cost analysis for using a con5 tracting model versus a direct hire model and deter6 mine the cost savings and consequences that could 

7 result from the elimination of institutional contrac8 tors and the hiring of the same professionals as per9 sonal services contractors. 

10 (d) WORKFORCE AND HUMAN RESOURCES TASK

11 FORCE.— 

12 (1) IN GENERAL.—The Administrator shall es13 tablish a workforce and human resources task force 

14 that will participate in the development of the work15 force and human resources strategy required under 

16 subsection (b) and will consult with, and provide in17 formation and advice to, senior management of the 

18 Agency on matters and issues related to workforce 

19 planning, human resource recruitment and training, 

20 and other personnel issues as the Agency develops 

21 and implements the workforce and human resources 

22 strategy. 

23 (2) COMPOSITION.—The task force shall be 

24 composed of 9 members as follows: 


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1 (A) Four senior career professionals of the 

2 Agency from different personnel backgrounds, 

3 at least 2 of whom shall be from Foreign Serv4 ice, appointed by the Administrator. 

5 (B) One senior official from the Depart6 ment of State appointed by the Secretary. 

7 (C) One senior official from the Office of 

8 Personnel Management appointed by the Direc9 tor of the Office of Personnel Management. 

10 (D) Three professionals outside the United 

11 States Government noted for their knowledge 

12 and experience in personnel and human re13 source issues, appointed by the Administrator 

14 in consultation with the Senate. 

15 (3) DEADLINE FOR APPOINTMENTS.—All mem16 bers of the task force shall be designated not later 

17 than 60 days after the date of the enactment of this 

18 Act. 

19 (4) TERMINATION.—The task force shall termi20 nate 2 years after the enactment of this Act. 

21 (e) REPORTS.— 

22 (1) INITIAL REPORT.—Not later than 1 year 

23 after the date of the enactment of this Act, the Ad24 ministrator shall submit to the appropriate congresVerDate Nov 24 2008 16:13 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1524.IS S1524

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1 sional committees the strategy required under sub2 section (a). 

3 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE4 PORT.—Not later than 120 days after the submis5 sion of the initial strategy under paragraph (1), the 

6 Comptroller General of the United States shall sub7 mit to the appropriate congressional committees a 

8 report that contains— 

9 (A) a review of, and comments addressing, 

10 the strategy submitted under paragraph (1); 

11 and 

12 (B) recommendations relating to any addi13 tional actions the Comptroller General rec14 ommends to improve the strategy and its imple15 mentation. 

16 (3) SUBSEQUENT REPORTS.—Not later than 2 

17 years after the submission of the initial strategy 

18 under paragraph (1), and every 2 years thereafter 

19 until 2021, the Administrator shall transmit to the 

20 appropriate congressional committees an updated 

21 strategy— 

22 (A) assessing progress made during the 

23 preceding 2 years toward implementing the 

24 strategy required under this section and meet25 ing the specific goals, benchmarks, and time 


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1 frames specified in the strategy required under 

2 subsection (a); 

3 (B) identifying legal or other impediments 

4 to achieving those objectives and recommenda5 tions for addressing those impediments; and 

6 (C) describing modifications to the strat7 egy based upon the Agency’s experience during 

8 the previous 2 years and any revisions to the 

9 policy, program, financial or other assumptions 

10 that were the basis for the current strategy. 

11 (f) OUTSIDE ASSISTANCE.—To assist in the develop12 ment, formulation, and implementation of the workforce 

13 and human resources strategy, the Administrator shall 

14 contract with an independent organization— 

15 (1) to help the Agency assess current human 

16 resource capacity; 

17 (2) to review how its human resource capacity 

18 matches up against Agency mandates and policy pri19 orities; 

20 (3) to compare the Agency’s current human re21 source system and practices with best practices of 

22 other organizations, public and private; 

23 (4) to provide a set of recommendations to fa24 cilitate structural reform to the Agency’s human re25 sources bureau; and 


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1 (5) to assist with other issues related to sup2 porting the development of the workforce and human 

3 resources strategy. 

4 (g) AVAILABILITY OF FUNDS.—Amounts made avail5 able to carry out section 667 of the Foreign Assistance 

6 Act of 1961 (22 U.S.C. 2427) shall be made available to 

7 carry out subsection (f). 

8 SEC. 8. PERSONNEL AND HUMAN RESOURCES. 

9 (a) CAREER PROFESSIONAL DEVELOPMENT.—Chap10 ter 2 of part III of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2381 et seq.) is amended by inserting after 

12 section 630 the following new section: 

13 ‘‘SEC. 630A. INTERAGENCY AND INTERNATIONAL ORGANI14 ZATION ROTATIONS. 

15 ‘‘(a) ROTATIONS.— 

16 ‘‘(1) CAREER GUIDELINES.—The Administrator 

17 shall establish career guidelines for Foreign Service 

18 officers and civil service officers that incorporate 

19 interagency, intergovernmental, or international or20 ganization rotational assignments. The guidelines es21 tablished under this paragraph shall include— 

22 ‘‘(A) selection; 

23 ‘‘(B) professional education and training; 


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1 ‘‘(C) types of relevant interagency, inter2 governmental, and international organization 

3 assignments; and 

4 ‘‘(D) such other matters as the Adminis5 trator considers appropriate. 

6 ‘‘(2) PROMOTIONS TO SENIOR RANKS.—Not 

7 later than 2 years after the date of the enactment 

8 of this Act, the Administrator shall establish addi9 tional guidelines that consider participation by rel10 evant officers in at least 1 interagency, intergovern11 mental, or international organizational rotational as12 signment of at least 6 months as a factor for pro13 motion into the ranks of the Senior Foreign Service 

14 or Senior Executive Service. 

15 ‘‘(3) PROMOTION POLICY OBJECTIVES FOR AS16 SIGNMENTS TO INTERAGENCY, INTERGOVERN17 MENTAL, AND INTERNATIONAL ORGANIZATIONS.— 

18 ‘‘(A) QUALIFICATIONS.—The Adminis19 trator shall ensure that promotion precepts and 

20 promotion panels do not penalize officers who 

21 have been assigned to interagency, intergovern22 mental or international organizations. 

23 ‘‘(B) REPORT.—The Administrator shall 

24 provide an annual report to the appropriate 

25 congressional committees that— 


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1 ‘‘(i) specifies the aggregate number of 

2 officers and the promotion rates of officers 

3 who are serving in, or have served in, 

4 interagency, intergovernmental, or inter5 national organization rotational assign6 ments; and 

7 ‘‘(ii) details efforts to meet the objec8 tives described in paragraph (1). 

9 ‘‘(b) EXTERNAL TRAINING AND EDUCATIONAL OP10 PORTUNITIES.—It is the sense of Congress that— 

11 ‘‘(1) the Administrator of the United States 

12 Agency for International Development should aug13 ment and expand external training and educational 

14 opportunities for Foreign Service and civil service 

15 personnel and expand opportunities for work assign16 ments to entities outside the United States Govern17 ment; 

18 ‘‘(2) a strong development agency should have 

19 a knowledgeable and capable workforce that is famil20 iar with and has access to cutting edge development 

21 practices, methodologies, ideas, work experience, and 

22 programs; and 

23 ‘‘(3) the Administrator of the United States 

24 Agency for International Development should ensure 

25 that personnel of the Agency have opportunities durVerDate Nov 24 2008 16:13 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1524.IS S1524

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1 ing their careers to obtain a range of knowledge2 building work experiences and advanced education 

3 and training in academic and other relevant institu4 tions in the United States and abroad to increase 

5 the capacity of the Agency to fulfill its mission.’’. 

6 (b) REPORT.—Not later than 1 year after the date 

7 of the enactment of this Act, the Administrator of the 

8 United States Agency for International Development shall 

9 submit to the appropriate congressional committees a re10 port on efforts to facilitate and promote external training 

11 and educational opportunities for Foreign Service and civil 

12 service personnel, including— 

13 (1) a description of the internal process of se14 curing such opportunities and the number of officers 

15 who have undertaken such external trainings in the 

16 past year; and 

17 (2) a description of actions the Administrator 

18 has taken or plans to take to further expand and fa19 cilitate external training and educational opportuni20 ties. 

21 SEC. 9. STRENGTHENING DEVELOPMENT COORDINATION 

22 IN THE FIELD. 

23 (a) IN GENERAL.—Section 631(d) of the Foreign As24 sistance Act of 1961 (22 U.S.C. 2391) is amended to read 

25 as follows: 


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1 ‘‘(d) COORDINATION OF DEVELOPMENT ASSISTANCE

2 ACTIVITIES.—Under the overall direction of the chief of 

3 the United States diplomatic mission, the chief of each 

4 special mission carrying out the purposes of part I in a 

5 country shall be responsible for the coordination of all de6 velopment and humanitarian efforts of the United States 

7 Government in such country. Such activities shall include 

8 all development and humanitarian activities from funds 

9 made available to carry out the provisions of this or any 

10 other Act.’’. 

11 (b) SENSE OF CONGRESS ON MODERNIZING USAID 

12 MISSIONS FOR THE 21ST CENTURY.—It is the sense of 

13 Congress that— 

14 (1) the role of the United States Agency for 

15 International Development (USAID) and foreign as16 sistance continues to evolve to meet emerging chal17 lenges, new priorities, changing circumstances, and 

18 augmented roles and responsibilities; 

19 (2) the environment in which our foreign assist20 ance and development agencies operate is dramati21 cally different than the Cold War environment in 

22 which they were created; 

23 (3) despite the new and changing of USAID 

24 circumstances, the United States Government has 


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1 not significantly updated the basic USAID mission 

2 structure since it was first established in 1961; and 

3 (4) to reflect evolving threats, opportunities and 

4 challenges in the 21st century, USAID should un5 dertake a comprehensive examination of the mission 

6 structure, with special attention to staffing, authori7 ties, the balance between Washington, District of 

8 Columbia, and the field, and management best prac9 tices. 

10 (c) REPORT.—Not later than 18 months after the 

11 date of the enactment of this Act, the Administrator of 

12 the United States Agency for International Development 

13 shall submit to the appropriate congressional committees 

14 a report on modernizing USAID missions for the 21st cen15 tury, including— 

16 (1) whether missions are staffed and well suited 

17 for current and emerging roles and responsibilities; 

18 (2) whether the management and organizational 

19 structure provide the required flexibility while pro20 viding effective oversight of programs; 

21 (3) whether the level of centralized versus de22 centralized decisionmaking is appropriate for the 

23 current and emerging context in which the mission 

24 is working; 


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1 (4) whether there is sufficient flexibility in 

2 terms of personnel to address fluctuations in funding 

3 for programs, and if not, what type of flexibility 

4 would be helpful; 

5 (5) whether up-to-date technical expertise and 

6 lessons from prior projects are being systematically 

7 incorporated into new program design; 

8 (6) whether missions of USAID are appro9 priately focused on bilateral and multilateral donor 

10 coordination and whether this is a priority for 

11 USAID personnel; 

12 (7) what the appropriate relationship and bal13 ance are between USAID missions and the broader 

14 United States mission in a country; 

15 (8) how effectively USAID is able to coordinate 

16 with the Department of Defense, especially as the 

17 Department of Defense implements an increasing 

18 number of development and humanitarian programs; 

19 (9) whether the existing structure of the United 

20 States foreign assistance system allows for proper 

21 coordination between different Federal departments 

22 and agencies implementing foreign assistance and 

23 development programs to avoid duplication of effort; 

24 and 


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1 (10) what obstacles exist to more effective co2 ordination, including what structural or organiza3 tional improvements would assist with more effective 

4 coordination. 

5 SEC. 10. TRANSPARENCY OF UNITED STATES FOREIGN AS6 SISTANCE. 

7 (a) SENSE OF CONGRESS ON TRANSPARENCY OF AS8 SISTANCE.—It is the sense of Congress that— 

9 (1) United States citizens and recipients of 

10 United States foreign assistance should, to the max11 imum extent practicable, have full access to informa12 tion on United States foreign assistance; and 

13 (2) to the extent possible, United States Gov14 ernment agencies, departments, and institutions 

15 should undertake preparatory consultations with rel16 evant outside stakeholders in a transparent and full 

17 manner in the course of formulating policies and 

18 strategies related to foreign assistance and develop19 ment. 

20 (b) PUBLIC AVAILABILITY OF INFORMATION.— 

21 (1) IN GENERAL.—The President shall direct 

22 all Federal departments and agencies to make pub23 licly available on their Web sites comprehensive, 

24 timely, comparable, and accessible information on 

25 United States foreign assistance. The information 


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1 shall be presented on a detailed program-by-program 

2 basis and country-by-country basis. 

3 (2) CONTENT.—To ensure transparency, ac4 countability, and effectiveness of United States for5 eign assistance, the information on United States 

6 foreign assistance published and made available 

7 under paragraph (1) shall include annual budget 

8 presentations and justifications of any programs or 

9 projects that provide foreign assistance by any Fed10 eral department or agency. In the event that detailed 

11 information is classified, an unclassified summary 

12 shall be posted and the classified details shall be 

13 submitted separately to the appropriate congres14 sional committees. 

15 (3) TIMELY AVAILABILITY OF INFORMATION.— 

16 The President shall direct the head of each Federal 

17 department and agency providing United States for18 eign assistance to ensure that the information re19 quired under this subsection is made available on no 

20 less than an annual basis at the time the President’s 

21 annual budget is released. Data that is of a provi22 sional nature shall be updated when actual figures 

23 are available. 

24 (c) SENSE OF MULTILATERAL EFFORTS.—It is the 

25 sense of Congress that, in order to best assess the use 


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1 and impact of United States foreign assistance in relation 

2 to funding provided by other donor nations and recipient 

3 countries, the President should fully engage with and par4 ticipate in the International Aid Transparency Initiative, 

5 established on September 4, 2008, at the Accra High 

6 Level Forum on Aid Effectiveness. 

7 SEC. 11. OPERATING EXPENSES. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The separate account created by Congress 

11 in 1976 to authorize and appropriate funds for all 

12 operating expenses of the United States Agency for 

13 International Development has been an important 

14 tool to ensure transparency of administrative costs 

15 and accountability of funds. 

16 (2) Funding for the operating expenses of the 

17 Agency has not kept pace with the growth of the 

18 Agency’s program funding and the expanded geo19 graphic and sectoral demands for economic assist20 ance abroad. 

21 (3) As a result, this has caused the Agency in 

22 certain cases to fund selected administrative costs 

23 out of program funds in order to properly admin24 ister, oversee, and implement its programs and ac25 tivities, thus detracting from the goals of increased 


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1 transparency and accountability that establishment 

2 of the separate operating expenses account was in3 tended to foster. 

4 (4) A 2003 Government Accountability Office 

5 report on the operating expenses of the Agency 

6 noted that ‘‘USAID’s operating expense account 

7 does not fully reflect the agency’s cost of doing busi8 ness primarily because the agency pays for some ad9 ministrative activities done by contractors and other 

10 nondirect-hire staff with program funds’’ and that 

11 ‘‘Congress has increasingly encouraged the Agency 

12 to use program funds to support certain administra13 tive costs’’. 

14 (5) The December 2007 HELP Commission 

15 Report on Foreign Assistance Reform— 

16 (A) states, ‘‘Over time, the effectiveness of 

17 a separate OE budget has eroded. During the 

18 past 30 years, Congress and the Executive 

19 branch have allowed program funds to be used 

20 to pay for the costs of activities once funded 

21 from the OE account while cutting the OE 

22 budget.’’; 

23 (B) recommends ‘‘[a]bolish[ing] the OE 

24 account and replac[ing] it with a more accurate 

25 accounting process,’’; 


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1 (C) argues that ‘‘the USAID OE account 

2 no longer serves a useful purpose’’; and 

3 (D) states, ‘‘While it might have been con4 structive in bringing clarity to the cost of doing 

5 business in the 1970s, another system should 

6 be developed that calculates true administrative 

7 and management expenses, including those now 

8 funded with program or project funds. This new 

9 system needs to allow administrative expenses 

10 to be properly managed and monitored and 

11 needs to ensure that Congress receives clear, 

12 timely and transparent information regarding 

13 these expenditures.’’. 

14 (6) While Congress concurs with the HELP 

15 Commission’s recommendation that a major reas16 sessment of the scope and the continued utility of 

17 the operating expenses account structure is in order, 

18 Congress also believes that the urgency of the issues 

19 confronting Agency management in terms of hiring 

20 technical expertise and providing the Agency with 

21 the capacity to oversee and administer critical for22 eign assistance programs and functions, justifies 

23 providing the Agency with broader discretion on 

24 ways to support direct-hire staffing requirements. 

25 (b) GUIDELINES FOR PROGRAM FUNDS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2) 

2 and except as otherwise authorized by law, program 

3 funds may be used for— 

4 (A) travel expenses of all employees who 

5 are members of the Foreign Service or civil 

6 service; 

7 (B) salaries and related expenses of em8 ployees other than Foreign Service or civil serv9 ice employees who are United States citizens; 

10 and 

11 (C) costs associated with research and pol12 icy analysis in support of programs (other than 

13 for salaries and benefits of employees or costs 

14 associated with contractors), including analysis 

15 for development assistance policy planning and 

16 for the design, monitoring, and evaluation of 

17 programs and activities. 

18 (2) NOTIFICATION.—The Administrator shall— 

19 (A) submit a written report to the appro20 priate congressional committees detailing the 

21 Agency’s plan for managing and accounting for 

22 the funds used in accordance with the authority 

23 provided by paragraph (1) not later than 60 

24 days after the date of the enactment of this 

25 Act; and 


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1 (B) consult with the appropriate congres2 sional committees about the use and manage3 ment of such funds not later than 60 days after 

4 the date of the enactment of this Act. 

5 (c) SEMIANNUAL REPORT.—Not later than once 

6 every 6 months until 2013, the Administrator shall submit 

7 a report to the appropriate congressional committees that 

8 details the purpose and amount of funds obligated under 

9 the authority provided pursuant to subsection (b), cat10 egorized by bureau and activity. 

11 (d) REPORT ON RECOMMENDATIONS FOR OPERATING

12 EXPENSE REFORM.—Not later than 1 year after the date 

13 of the enactment of this Act, the Administrator, in coordi14 nation with the workforce and human resources task force 

15 established pursuant to section 7(d), shall submit a report 

16 to the appropriate congressional committees that con17 tains— 

18 (1) recommendations and detailed justifications 

19 for streamlining and improving the efficiency of how 

20 the Agency uses operating expenses, including rec21 ommendations for alternative models and ap22 proaches; 

23 (2) recommendations and detailed justifications 

24 for increasing the transparency of Agency operating 

25 expenses; 


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1 (3) an assessment of how the operating ex2 penses account has affected Agency performance in 

3 support of program goals and objectives; and 

4 (4) an assessment of how the operating ex5 penses account has affected human resources and 

6 personnel of the Agency, including a discussion of 

7 the proliferation of new hiring authorities and in8 creased reliance on contractors to handle the core 

9 business of the Agency. 

Æ 


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