II 

Calendar No. 268 

111TH CONGRESS 

2D SESSION S. 1524 

[Report No. 111–122] 

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, Mr. CARDIN, Mrs. SHAHEEN, Mr. CASEY, Mr. MERKLEY, Mr. 

JOHNSON, Mrs. MCCASKILL, Mr. KAUFMAN, Mrs. GILLIBRAND, Mr. LAUTENBERG, Mrs. HAGAN, Mrs. FEINSTEIN, Mr. DODD, Mr. DURBIN, Mr. 

SCHUMER, Ms. SNOWE, Mr. BOND, Mr. JOHANNS, Ms. COLLINS, and Ms. 

CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

FEBRUARY 2, 2010 

Reported by Mr. KERRY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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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: 

8 (1) ADMINISTRATOR.—Except as otherwise pro9 vided, the term ‘‘Administrator’’ means the Adminis10 trator of the United States Agency for International 

11 Development. 

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

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

14 for International Development. 

15 (3) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means the Committee on Foreign Relations 

18 of the Senate and the Committee on Foreign Affairs 

19 of the House of Representatives. 

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

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

22 SEC. 3. FINDINGS. 

23 Congress makes the following findings: 

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

2 inequality, and environmental degradation are recog3 nized as significant contributors to— 

4 (A) socioeconomic and political instability; 

5 and 

6 (B) the exacerbation of disease pandemic 

7 and other global health threats. 

8 (2) The 2006 National Security Strategy of the 

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

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

11 assist the world’s poor citizens and least developed 

12 nations and help integrate them into the global econ13 omy.’’. 

14 (3) The bipartisan Final Report of the National 

15 Commission on Terrorist Attacks Upon the United 

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

17 comprehensive United States strategy to counter ter18 rorism should include economic policies that encour19 age development, more open societies, and opportu20 nities for people to improve the lives of their families 

21 and enhance prospects for their children.’’. 

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

23 the national interest of the United States. It im24 proves United States security by mitigating the un25 derlying causes of violence and extremism, addresses 

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1 threats like climate change and pandemic disease, 

2 expands economic opportunities for producers and 

3 consumers in the United States, demonstrates 

4 United States leadership to the world, and rep5 resents the values, humanitarianism, and generosity 

6 of the American people. 

7 (5) Elevating the standing of the United States 

8 in the world represents a critical and essential ele9 ment for any strategy to improve national and global 

10 security by mitigating the root causes of conflict and 

11 multinational terrorism, strengthening diplomatic 

12 and economic relationships, preventing global cli13 mate change, curbing weapons proliferation, and fos14 tering peace and cooperation between all nations. 

15 (6) Currently the global development policies 

16 and programs of the United States Government are 

17 scattered across 12 different Federal departments, 

18 25 different Federal agencies, and nearly 60 Federal 

19 Government offices. The current law governing for20 eign assistance is outdated, cumbersome, and lacks 

21 relevance for modern challenges, articulating at least 

22 140 broad priorities for United States development 

23 efforts, with at least 400 specific directives on how 

24 to implement those broad priorities. Moreover, it al25 lows the budget process to drive priorities, rather 

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1 than setting clear priorities that drive resource deci2 sions. 

3 (7) The international and domestic challenges 

4 of the 21st century—including transnational threats 

5 such as economic instability, terrorism, climate 

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

7 assistance apparatus that was created to confront 

8 the challenges of the 20th century. The cornerstone 

9 for a new foreign assistance architecture begins with 

10 reform of the Foreign Assistance Act of 1961 that 

11 ensures a rationalized organizational structure for a 

12 strengthened development agency, a concise set of 

13 development priorities, rebuilt human resource ca14 pacity, strengthened monitoring and evaluation, re15 invigorated policy and intellectual expertise, with 

16 sufficient resources and commensurate account17 ability to achieve key foreign assistance goals. 

18 (8) President Barack Obama has expressed a 

19 commitment to cut extreme poverty and hunger 

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

21 of United States foreign assistance to meet that 

22 goal. 

23 SEC. 4. STATEMENT OF POLICY. 

24 It is the policy of the United States, given the impor25 tance of global prosperity and security to the national inmstockstill on DSKH9S0YB1PROD with BILLS

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1 terests of the United States, to promote global develop2 ment, good governance, and the reduction of poverty and 

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

4 process should be initiated that will redefine the United 

5 States foreign assistance architecture and strengthen the 

6 capacity of the United States Agency for International De7 velopment and related agencies to establish effective devel8 opment policies and implement innovative and effective 

9 foreign assistance programs with maximum impact. 

10 SEC. 5. POLICY AND STRATEGIC PLANNING. 

11 (a) SENSE OF CONGRESS ON BUILDING THE POLICY

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

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

14 years in developing the capacity of the Agency to 

15 formulate international development policy and to 

16 integrate important policy initiatives and innovative 

17 policy concepts into Agency programs and activities; 

18 (2) the Agency should increase its emphasis on 

19 recruiting, hiring, training, and enhancing profes20 sional officers who will support the Agency’s role in 

21 formulating development policy and enhancing inno22 vative solutions to development challenges; 

23 (3) there is a particular need to strengthen pol24 icy formulation and development in missions world25 wide, in addition to strengthening the capacity of the 

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1 Agency to address policy issues in headquarters in 

2 Washington, District of Columbia, which should be 

3 dealt with by deploying policy officers to missions 

4 worldwide; and 

5 (4) a Bureau for Policy and Strategic Planning 

6 should ensure that policy concepts and priorities are 

7 appropriately integrated into all programs and ac8 tivities undertaken by the Agency. 

9 (b) ESTABLISHMENT OF USAID POSITIONS TO

10 BUILD POLICY AND STRATEGIC PLANNING CAPACITY.— 

11 (1) DEPUTY ADMINISTRATOR OF THE UNITED

12 STATES AGENCY FOR INTERNATIONAL DEVELOP13 MENT.—Section 624 of the Foreign Assistance Act 

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

15 after subsection (c) the following new subsection: 

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

17 the United States Agency for International Development, 

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

19 not more than 2 Deputy Administrators, who shall assist 

20 the Administrator in all matters.’’. 

21 (2) ASSISTANT ADMINISTRATOR FOR POLICY

22 AND STRATEGIC PLANNING.—Such section is further 

23 amended by adding at the end the following new 

24 subsection: 

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1 ‘‘(f) ASSISTANT ADMINISTRATOR FOR POLICY AND

2 STRATEGIC PLANNING.—There shall be in the United 

3 States Agency for International Development, among the 

4 statutory officers authorized by subsection (a), an Assist5 ant Administrator for Policy and Strategic Planning, who 

6 shall assist the Administrator and Deputy Administrators 

7 in matters related to policy planning, strategic planning, 

8 program design, research, evaluation, budget allocation 

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

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

11 such section is amended by striking ‘‘twelve’’ and in12 serting ‘‘fourteen’’. 

13 (c) BUREAU FOR POLICY AND STRATEGIC PLAN14 NING.—Chapter 2 of part III of the Foreign Assistance 

15 Act of 1961 (22 U.S.C. 2381 et seq.) is amended by in16 serting after section 624 the following new section: 

17 ‘‘SEC. 624A. BUREAU FOR POLICY AND STRATEGIC PLAN18 NING. 

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

20 United States Agency for International Development a 

21 Bureau for Policy and Strategic Planning (referred to in 

22 this section as the ‘Bureau’). 

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

24 shall include the following: 

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1 ‘‘(1) Developing and formulating United States 

2 Government policy on development issues in support 

3 of United States policy objectives. 

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

5 direction for overall development policy and pro6 grams, as well as across regions and sectors. 

7 ‘‘(3) Designing and conducting significant re8 search and evaluation on development and aid effec9 tiveness. 

10 ‘‘(4) Establishing resource and workforce allo11 cation criteria. 

12 ‘‘(5) Guiding overall budget decisions and re13 viewing bureau-specific resource allocations, work14 force allocations, operational planning, and program 

15 decisions. 

16 ‘‘(6) Integrating monitoring and evaluation into 

17 overall decisionmaking and strategic planning.’’. 

18 (d) OFFICE FOR LEARNING, EVALUATION, AND

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

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

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

22 by inserting after section 624A the following: 

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

2 ANALYSIS IN DEVELOPMENT. 

3 ‘‘(a) SENSE OF CONGRESS ON ANALYSIS AND EVAL4 UATION.—It is the sense of Congress that— 

5 ‘‘(1) achieving United States foreign policy ob6 jectives requires the consistent and systematic eval7 uation of the impact of United States foreign assist8 ance programs and analysis on what programs work 

9 and why, when, and where they work; 

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

11 projects should include the collection of relevant 

12 data required to measure outcomes and impacts; 

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

14 projects should reflect the knowledge gained from 

15 evaluation and analysis; 

16 ‘‘(4) a culture and practice of high quality eval17 uation should be revitalized at agencies managing 

18 foreign assistance programs, which requires that the 

19 concepts of evaluation and analysis are used to in20 form policy and programmatic decisions, including 

21 the training of aid professionals in evaluation design 

22 and implementation; 

23 ‘‘(5) the effective and efficient use of funds can24 not be achieved without an understanding of how 

25 lessons learned are applicable in various environ26 ments, and under similar or different conditions; and 

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

2 sources of data when running broader analyses of 

3 development outcomes and impacts. 

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

5 Bureau for Policy and Strategic Planning an Office for 

6 Learning, Evaluation, and Analysis in Development (re7 ferred to in this section as the ‘Office’), which shall be 

8 under the management of the Assistant Administrator for 

9 Policy and Strategic Planning. 

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

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

12 conduct the complete range of activities relating to 

13 the monitoring of resources, the evaluation of 

14 projects, the evaluation of program impacts, and 

15 analysis that is necessary for the identification of 

16 findings, generalizations that can be derived from 

17 those findings, and their applicability to proposed 

18 project and program design; 

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

20 Agency for International Development, other govern21 ment entities, implementing partners, the academic 

22 community, the donor community, and host govern23 ments in the design of programs and projects; 

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

2 evaluation and research results to strategic planning 

3 and policy options; 

4 ‘‘(4) design a strategy for strengthening evalua5 tion and research for foreign assistance programs 

6 managed by the United States Agency International 

7 Development; 

8 ‘‘(5) develop the scope and guidelines for eval9 uation and research that are multidisciplinary in na10 ture; 

11 ‘‘(6) establish annual evaluation and research 

12 agendas and objectives that are responsive to policy 

13 and programmatic priorities; 

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

15 choosing from among a wide variety of qualitative 

16 and quantitative methods common in the field of so17 cial scientific inquiry; 

18 ‘‘(8) coordinate the evaluation processes of bu19 reaus and missions of the United States Agency for 

20 International Development; 

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

22 evaluation and research for aid personnel; 

23 ‘‘(10) make recommendations to the Assistant 

24 Administrator for Policy and Strategic Planning on 

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1 linking evaluation and research findings to policy 

2 and strategic planning options; 

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

4 dissemination of knowledge and lessons learned to 

5 USAID professionals, implementing partners, the 

6 international aid community, and aid recipient gov7 ernments, and as a repository of knowledge on les8 sons learned; 

9 ‘‘(12) distribute evaluation and research reports 

10 internally and make this material available online to 

11 the public; and 

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

13 implementing partners, and national and inter14 national institutions that have expertise in evalua15 tion and analysis when such partnerships will pro16 vide needed expertise or will significantly improve 

17 the evaluation and analysis. 

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

19 create such subordinate units as may be necessary for the 

20 performance of duties described in paragraphs (9) and 

21 (11) of subsection (c). 

22 ‘‘(e) TECHNICAL EXPERTISE.—If the Assistant Ad23 ministrator determines that the Office requires expertise 

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

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1 tise may be accessed through existing contracting authori2 ties. 

3 ‘‘(f) MONITORING.—Evaluation and analysis activi4 ties of the Office shall be in addition to, but not duplica5 tive of, existing monitoring activities as provided under ex6 isting law. 

7 ‘‘(g) COORDINATION.—The Office should closely co8 ordinate and consult with the Council on Research and 

9 Evaluation of Foreign Assistance to ensure consistency of 

10 approach toward evaluation, research, analysis, and re11 lated activities. 

12 ‘‘(h) ANNUAL REPORTS TO CONGRESS.— 

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

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

15 than December 31 of each year thereafter, the Ad16 ministrator shall submit to the appropriate congres17 sional committees a report on the work of the Office. 

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

19 paragraph (1) shall include— 

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

21 research agenda for the preceding year; 

22 ‘‘(B) a description of the evaluation activi23 ties conducted in the preceding year; 

24 ‘‘(C) a description of training activities 

25 conducted in the preceding year; 

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

2 planned for the following year; and 

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

4 results of evaluations have informed the design 

5 and operation of agency policies and programs 

6 during the year. 

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

8 are authorized to be appropriated to the United States 

9 Agency for International Development $5,000,000 for fis10 cal year 2010 and such sums as may be necessary for fis11 cal year 2011. 

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

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

14 comparative study of evaluations conducted over a 

15 period of time, in varying locations, and under vary16 ing conditions that produces generalized findings 

17 and explanations of outcomes and assesses their ap18 plicability to proposed project and program design. 

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

20 means the full range of activities designed to assess 

21 the efficiency and effectiveness of inputs and proc22 esses on outputs, results, and outcomes of various 

23 projects, programs, and activities. 

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

25 any change occurring during the course of a project, 

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1 program, or activity, including changes that cannot 

2 be attributed directly to the project, program, or ac3 tivity. 

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

5 products, capital, goods, and services that result 

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

7 SEC. 6. COUNCIL ON RESEARCH AND EVALUATION OF FOR8 EIGN ASSISTANCE. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The American public and Congress must 

12 have confidence that— 

13 (A) Federal funds allocated for foreign as14 sistance programs are used efficiently and effec15 tively; and 

16 (B) funding allocations and programs are 

17 linked to clearly defined policy objectives. 

18 (2) The December 2007 HELP Commission 

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

20 systems our government uses to evaluate develop21 ment and humanitarian assistance programs are ei22 ther in disarray or do not exist. Current systems 

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

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

25 outcomes, such as measuring how many children can 

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1 actually read. Indeed, out of 26,285 impact evalua2 tions that USAID conducted between 1996 and 

3 2005, only 30 measured the impact of projects.’’. 

4 (3) The HELP Commission also recommends 

5 that the United States Government reestablish an 

6 independent Office of Monitoring and Evaluation re7 sponsible for foreign assistance operations and pro8 vide the office with sufficient funding to monitor and 

9 evaluate performance that should be accountable to 

10 Congress and to the executive branch. 

11 (b) ESTABLISHMENT.—There is established in the ex12 ecutive branch the Council on Research and Evaluation 

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

14 ‘‘Council’’). 

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

16 be— 

17 (1) to evaluate the impact of United States 

18 Government foreign assistance programs and their 

19 contribution to policy, strategies, projects, program 

20 goals, and priorities undertaken by the United 

21 States Government in support of foreign policy ob22 jectives; and 

23 (2) to cultivate an integrated research and de24 velopment program that will— 

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1 (A) incorporate best practices from evalua2 tion studies and analyses; and 

3 (B) foster and promote innovative pro4 grams to improve the effectiveness of United 

5 States foreign assistance. 

6 (d) DUTIES AND AUTHORITIES.— 

7 (1) EVALUATIONS OF UNITED STATES GOVERN8 MENT FOREIGN ASSISTANCE PROGRAMS AND INTER9 NATIONAL AND MULTILATERAL ASSISTANCE PRO10 GRAMS RECEIVING FINANCIAL ASSISTANCE FROM

11 THE UNITED STATES.— 

12 (A) AUTHORIZATION.—The Council is au13 thorized to conduct evaluations, on a program14 by-program basis, of the effectiveness of— 

15 (i) foreign assistance programs car16 ried out by any United States Government 

17 agency; and 

18 (ii) international and multilateral as19 sistance programs receiving financial as20 sistance from the United States. 

21 (B) IMPACT ASSESSMENT.—Evaluations 

22 conducted under subparagraph (A) shall assess 

23 the impact of the programs described in clauses 

24 (i) and (ii) of subparagraph (A) and their con25 tribution to policy, strategies, projects, program 

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1 goals, and priorities of the United States Gov2 ernment. 

3 (C) SELECTION CRITERIA.—The Director, 

4 in consultation with the Board, shall estab5 lish— 

6 (i) criteria for selecting foreign assist7 ance programs and international and mul8 tilateral assistance programs receiving fi9 nancial assistance from the United States 

10 to be evaluated under subparagraph (A); 

11 and 

12 (ii) procedures for conducting such 

13 evaluations. 

14 (D) COORDINATION.—The criteria and 

15 procedures established under subparagraph (C) 

16 shall include procedures to avoid duplication of 

17 the Council’s activities, and to ensure effective 

18 coordination and cooperation, with the activities 

19 of the Comptroller General of the United 

20 States, relevant Inspectors General, and other 

21 relevant entities. 

22 (E) METHODOLOGIES.—In conducting 

23 evaluations under subparagraph (A), the Coun24 cil shall utilize rigorous and objective meth25 odologies, choosing from among a wide variety 

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1 of qualitative and quantitative methods common 

2 in the field of social scientific inquiry. 

3 (F) INTERAGENCY ASSISTANCE.—In con4 ducting evaluations under subparagraph (A), 

5 the Director is authorized to request informa6 tion or assistance from the head of any Federal 

7 agency to the extent necessary to facilitate the 

8 evaluation of a program, including access to all 

9 records, reports, audits, reviews, documents, pa10 pers, recommendations, and other material 

11 available to the program being evaluated by the 

12 Council. Upon receipt of a request under this 

13 subparagraph, the head of the Federal agency 

14 receiving the request, insofar as is practicable 

15 and not in contravention of any applicable law, 

16 shall furnish to the Director, or to an author17 ized designee, such information or assistance as 

18 may be necessary to carry out the purposes of 

19 this section. 

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

21 issuing a report under this subparagraph, the 

22 Director shall submit a draft of the report to 

23 the head of the Federal agency responsible for 

24 implementing the program being evaluated and 

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1 ment on the report. The Council shall issue a 

2 report to the appropriate congressional commit3 tees on each evaluation conducted under sub4 paragraph (A) that contains— 

5 (i) an assessment of the effectiveness 

6 of the program evaluated, including the ef7 fectiveness of any partnership with non8 Federal partners, as appropriate; 

9 (ii) any recommendations to improve 

10 the program’s effectiveness, including the 

11 effectiveness of partnerships with non-Fed12 eral organizations, as appropriate; and 

13 (iii) any comments received from the 

14 head of the Federal agency, or his or her 

15 designee, including any non-Federal part16 ner, as appropriate. 

17 (H) CONSULTATION.—The Director shall 

18 regularly consult with the appropriate congres19 sional committees to discuss priorities for eval20 uations to be conducted under subparagraph 

21 (A). 

22 (2) RESEARCH ON FOREIGN ASSISTANCE DE23 SIGN, IMPLEMENTATION, EVALUATION, AND EFFEC24 TIVENESS.— 

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1 (A) IN GENERAL.—The Council shall con2 duct research and analysis on the design, imple3 mentation, evaluation, and effectiveness of for4 eign assistance programs in an effort to develop 

5 innovative approaches relating to foreign assist6 ance, including— 

7 (i) research and analysis aimed at de8 veloping objective methodologies for evalu9 ating the effectiveness of foreign assistance 

10 programs in achieving assistance objec11 tives; 

12 (ii) research and analysis aimed at 

13 identifying ways of improving coordination 

14 of foreign assistance programs carried out 

15 by Federal agencies, including ways of co16 ordinating research and development con17 ducted by such agencies; and 

18 (iii) research and analysis aimed at 

19 identifying approaches through which the 

20 United States Government can support the 

21 development of evaluation capacity in de22 veloping countries, and strategies to en23 courage the use of evaluation findings 

24 among different levels of decision makers 

25 and implementers. 

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1 (B) ADDITIONAL RESEARCH.—In addition 

2 to the research conducted under subparagraph 

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

4 analysis on— 

5 (i) trends relating to foreign assist6 ance programs and the measures necessary 

7 to ensure continued progress; and 

8 (ii) the relative effectiveness of inter9 national and multilateral assistance pro10 grams receiving financial assistance from 

11 the United States, including programs of 

12 the World Bank Group, United Nations 

13 entities, and regional multilateral develop14 ment banks, as compared to United States 

15 foreign assistance programs. 

16 (C) INTEGRATED RESEARCH AND DEVEL17 OPMENT PROGRAM.—The Director, in consulta18 tion with the Board, shall establish and imple19 ment an integrated research and development 

20 program that will serve as a laboratory for in21 novative programs related to foreign assistance 

22 to fulfill the objectives described in subpara23 graph (A). 

24 (D) PARTNERS.—In conducting research 

25 and analysis under subparagraph (A), the 

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1 Council shall partner with the academic com2 munity, implementing partners, and national 

3 and international institutions that have exper4 tise in evaluation, research, and analysis, as ap5 propriate. 

6 (E) REPORTS.—The Council shall issue re7 ports to the appropriate congressional commit8 tees on the results of research conducted pursu9 ant to subparagraph (A) that include rec10 ommendations to Federal agencies responsible 

11 for implementing foreign assistance programs 

12 on how to improve the design, implementation, 

13 and evaluation of such programs. 

14 (F) COLLABORATION.—The Council shall 

15 actively collaborate with Federal agencies re16 sponsible for implementing foreign assistance 

17 programs by— 

18 (i) sharing the results of research con19 ducted pursuant to subparagraph (A); and 

20 (ii) providing recommendations and 

21 advice on how to improve the design, effec22 tiveness, efficiency, and innovation of such 

23 programs. 

24 (G) CONSULTATION.—The Director shall 

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1 sional committees to discuss priorities for re2 search to be conducted under subparagraph 

3 (A). 

4 (3) INDEPENDENCE.—The Council shall pre5 serve its independence to ensure organizational au6 tonomy, protection from external influence, and 

7 avoidance of conflicts of interest. 

8 (e) COUNCIL ON RESEARCH AND EVALUATION OF

9 FOREIGN ASSISTANCE ADVISORY BOARD.— 

10 (1) ESTABLISHMENT.—There is established a 

11 Council on Research and Evaluation of Foreign As12 sistance Advisory Board (referred to in this sub13 section as the ‘‘Board’’). 

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

15 shall be— 

16 (A) to consult with the Director regarding 

17 the existing program of work of the Council, 

18 current evaluations that are ongoing or com19 pleted, and projected evaluations and activities 

20 to be undertaken by the Council; and 

21 (B) to serve as a forum for coordination 

22 and discussion of related matters pertaining to 

23 the Council’s operations and activities. 

24 (3) DUTIES.—The Board shall— 

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1 (A) regularly consult with the Director re2 garding the activities of the Council, but may 

3 not prevent or prohibit the Director from initi4 ating, carrying out, or completing any evalua5 tion or analysis of any development, humani6 tarian, or foreign assistance program or activ7 ity; and 

8 (B) ensure coordination with the Office of 

9 Management and Budget in the Executive Of10 fice of the President. 

11 (4) MEMBERSHIP.—The Board shall consist 

12 of— 

13 (A) the Director of the Council, or des14 ignee; 

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

16 (C) the Secretary of the Treasury, or des17 ignee; 

18 (D) the Administrator of the United States 

19 Agency for International Development, or des20 ignee; 

21 (E) the Chief Executive Officer of the Mil22 lennium Challenge Corporation, or designee; 

23 (F) the Secretary of Agriculture, or des24 ignee; 

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

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1 (H) the Secretary of Health and Human 

2 Services, or designee; 

3 (I) 1 individual to be appointed by the Di4 rector; 

5 (J) 1 officer in the Senior Foreign Service 

6 for the Agency for International Development 

7 or the Department of State with experience in 

8 the implementation of assistance programs; 

9 (K) 4 individuals with relevant professional 

10 evaluation and international experience, who 

11 shall be appointed by the President, by and 

12 with the advice and consent of the Senate, of 

13 which— 

14 (i) 1 individual shall be appointed 

15 from among a list of 3 individuals sub16 mitted by the chairman of the Committee 

17 on Foreign Relations of the Senate; 

18 (ii) 1 individual shall be appointed 

19 from among a list of 3 individuals sub20 mitted by the ranking member of the Com21 mittee on Foreign Relations of the Senate; 

22 (iii) 1 individual shall be appointed 

23 from among a list of 3 individuals sub24 mitted by the chairman of the Committee 

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1 on Foreign Affairs of the House of Rep2 resentatives; and 

3 (iv) 1 individual shall be appointed 

4 from among a list of 3 individuals sub5 mitted by the ranking member of the Com6 mittee on Foreign Affairs of the House of 

7 Representatives. 

8 (5) TERMS.— 

9 (A) OFFICERS OF THE FEDERAL GOVERN10 MENT.—Each member of the Board described 

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

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

13 with the term of service of the individual’s posi14 tion as an officer within the other Federal de15 partment or agency. 

16 (B) OTHER MEMBERS.—Each member of 

17 the Board described in subparagraphs (I) 

18 through (K) of paragraph (4) shall be ap19 pointed for a 3-year term and may be re20 appointed for an additional 2-year term. 

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

22 shall be filled in the manner in which the origi23 nal appointment was made. 

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

2 shall select from among its membership a Chair3 person to serve a 1-year term. 

4 (7) TECHNICAL ADVISORY GROUP.—The Direc5 tor shall have the authority to form a technical advi6 sory group to provide recommendations and advise 

7 the existing program of work of the Council. The 

8 subgroup shall consist of the 4 members of the 

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

10 members as appropriate. 

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

12 the Board shall constitute a quorum. 

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

14 call of the Chairperson but no less than annually. 

15 (10) COMPENSATION.— 

16 (A) OFFICERS OF THE FEDERAL GOVERN17 MENT.— 

18 (i) IN GENERAL.—A member of the 

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

20 (C), (D), (E), (F), (G), or (H) of para21 graph (4) may not receive additional pay, 

22 allowances, or benefits by reason of the 

23 member’s service on the Board. 

24 (ii) TRAVEL EXPENSES.—Each such 

25 member of the Board shall receive travel 

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1 expenses, including per diem in lieu of sub2 sistence, in accordance with applicable pro3 visions under subchapter I of chapter 57 of 

4 title 5, United States Code. 

5 (B) OTHER MEMBERS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), a member of the Board de8 scribed in paragraph (4)(F)— 

9 (I) shall be paid compensation 

10 out of funds made available for the 

11 purposes of this title at the daily 

12 equivalent of the highest rate payable 

13 under section 5332 of title 5, United 

14 States Code, for each day (including 

15 travel time) during which the member 

16 is engaged in the actual performance 

17 of duties as a member of the Board; 

18 and 

19 (II) while away from the mem20 ber’s home or regular place of busi21 ness on necessary travel in the actual 

22 performance of duties as a member of 

23 the Board, shall be paid per diem, 

24 travel, and transportation expenses in 

25 the same manner as is provided under 

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1 subchapter I of chapter 57 of title 5, 

2 United States Code. 

3 (ii) LIMITATION.—A member of the 

4 Board may not be paid compensation 

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

6 in any calendar year. 

7 (f) DIRECTOR.— 

8 (1) APPOINTMENT.— 

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

10 headed by a Director, who shall be appointed by 

11 the President from among the individuals rec12 ommended under subparagraph (B) to a 4-year 

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

14 the advice and consent of the Senate. 

15 (B) SELECTION.—When a vacancy occurs 

16 in the office of Director, the chairmen and 

17 ranking minority members of the Committee on 

18 Foreign Relations of the Senate and the Com19 mittee on Foreign Affairs of the House of Rep20 resentatives shall each recommend up to 3 indi21 viduals to the President for appointment to the 

22 vacant office. In considering individuals for ap23 pointment to the office of Director, the chair24 men and ranking minority members shall— 

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1 (i) take into account the integrity and 

2 demonstrated ability of the individuals in 

3 public administration, international devel4 opment and foreign assistance programs, 

5 monitoring and evaluation analysis, and all 

6 aspects of program and project design; and 

7 (ii) disregard the political affiliation of 

8 the individuals. 

9 (2) RESPONSIBILITIES.—The Director shall— 

10 (A) be responsible for the management of 

11 the Council; 

12 (B) exercise the powers of the Council; 

13 (C) be responsible for initiating, carrying 

14 out, and completing any evaluation or analysis 

15 of any development, humanitarian, or foreign 

16 assistance program or activity; and 

17 (D) discharge the duties of the Council. 

18 (3) RANK; COMPENSATION.—The Director 

19 shall— 

20 (A) have the equivalent rank of Under Sec21 retary; and 

22 (B) be compensated at the rate provided 

23 for level III of the Executive Schedule under 

24 section 5314 of title 5, United States Code. 

25 (4) ADDITIONAL TERM; REMOVAL.— 

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1 (A) ADDITIONAL TERM.—The Director 

2 may be reappointed for not more than 1 addi3 tional 4-year term. 

4 (B) REMOVAL.—The President may re5 move the Director from office after submitting 

6 written notification to the Senate and the 

7 House of Representatives that describes the un8 derlying reasons for such removal. 

9 (5) CONFORMING AMENDMENT.—Section 5314 

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

11 at the end the following: 

12 ‘‘Director, Council on Research and Evaluation of 

13 Foreign Assistance.’’. 

14 (g) DEPUTY DIRECTORS.—The Director shall ap15 point— 

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

17 be responsible for overseeing the evaluations con18 ducted by the Council; and 

19 (2) a Deputy Director for Research Innovation, 

20 who shall be responsible for overseeing an integrated 

21 research and development program that will foster 

22 and promote innovative programs to improve the ef23 fectiveness of United States foreign assistance. 

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

25 Each agency head shall provide the Director with— 

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1 (1) appropriate and adequate office space at 

2 central and field office locations of such agency; 

3 (2) such equipment, office supplies, and com4 munications facilities and services as may be nec5 essary for the operation of such offices; and 

6 (3) necessary maintenance services for such of7 fices and the equipment and facilities located in such 

8 offices. 

9 (i) PERSONNEL MATTERS.— 

10 (1) HUMAN RESOURCES MANAGEMENT SYS11 TEM.—Notwithstanding any other provision of law, 

12 the Director may establish a human resources man13 agement system for the employees of the Council 

14 that provides for— 

15 (A) work schedule flexibility; 

16 (B) merit based hiring; 

17 (C) fair treatment without regard to polit18 ical affiliation; 

19 (D) equal pay for equal work; 

20 (E) protection of employees against re21 prisal for whistle blowing; 

22 (F) a pay-for-performance evaluation sys23 tem that links individual pay to performance; 

24 (G) a streamlined process for removing 

25 underperforming employees; and 

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1 (H) a maximum tenure with the Council of 

2 7 years. 

3 (2) DETAIL OF PERSONNEL.— 

4 (A) FROM FEDERAL GOVERNMENT.—Upon 

5 the request of the Director, the head of a Fed6 eral agency may detail any employee of such 

7 agency to the Council on a reimbursable basis. 

8 Any employee so detailed remains, for the pur9 pose of preserving such employee’s allowances, 

10 privileges, rights, seniority, and other benefits, 

11 an employee of the agency from which detailed. 

12 (B) FROM OUTSIDE ORGANIZATIONS.—The 

13 Director may accept the services of personnel 

14 detailed to the Council from organizations out15 side the Federal Government, including bilat16 eral agencies, multilateral institutions, inter17 national organizations, think-tanks, nongovern18 mental organizations, institutions of higher edu19 cation, and the private sector. 

20 (3) REEMPLOYMENT RIGHTS.— 

21 (A) IN GENERAL.—An employee of an 

22 agency who is serving under a career or career 

23 conditional appointment (or the equivalent), 

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

25 agency, transfers to the Council, is entitled to 

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1 be reemployed in such employee’s former posi2 tion or a position of like seniority, status, and 

3 pay in such agency, if such employee— 

4 (i) is separated from the Council for 

5 any reason, other than misconduct, neglect 

6 of duty, or malfeasance; and 

7 (ii) applies for reemployment not later 

8 than 90 days after the date of separation 

9 from the Council. 

10 (B) SPECIFIC RIGHTS.—An employee de11 scribed in subparagraph (A)— 

12 (i) is entitled to be reemployed within 

13 30 days after applying for reemployment; 

14 and 

15 (ii) once reemployed, is entitled to at 

16 least the rate of basic pay to which such 

17 employee would have been entitled had 

18 such employee never transferred to the 

19 Council. 

20 (4) HIRING AUTHORITY.—Not more than 5 em21 ployees of the Council may be appointed, com22 pensated, or removed without regard to the civil 

23 service laws and regulations. 

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

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1 gard to the provisions of chapter 51 of title 5, 

2 United States Code (relating to the classification of 

3 positions) or subchapter III of chapter 53 of such 

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

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

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

7 Executive Schedule under section 5315 of such title. 

8 (6) PERSONNEL OUTSIDE THE UNITED

9 STATES.— 

10 (A) ASSIGNMENT TO UNITED STATES EM11 BASSIES.—Employees of the Council, including 

12 individuals detailed to or contracted by the 

13 Council, may be assigned to a United States 

14 diplomatic mission or consular post or a United 

15 States Agency for International Development 

16 field mission for purposes of assignments re17 lated to activities or programs of the Council. 

18 (B) OVERSEAS BENEFITS.—Each employee 

19 of the Council, including any individual detailed 

20 to or contracted by the Council, and the mem21 bers of the family of such employee, while the 

22 employee is performing duties in any country or 

23 place outside the United States, shall be af24 forded the same benefits enjoyed by members of 

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1 the Foreign Service, or the family of a member 

2 of the Foreign Service, as appropriate. 

3 (C) RESPONSIBILITY OF CHIEF OF MIS4 SION.—Employees of the Council, including in5 dividuals detailed to or contracted by the Coun6 cil, and members of the families of such em7 ployees, shall be subject to section 207 of the 

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

9 in the same manner as United States Govern10 ment employees while the employee is per11 forming duties in any country or place outside 

12 the United States if such employee or member 

13 of the family of such employee is not a national 

14 of or permanently resident in such country or 

15 place. 

16 (j) PUBLIC DISCLOSURE.— 

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

18 quarterly, the Council shall make publicly avail19 able— 

20 (A) the findings and conclusions of all the 

21 reports and studies completed by the Council 

22 since the most recent public disclosure; 

23 (B) information regarding funds allocated 

24 or transferred by the Council under this sec25 tion; 

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1 (C) the name of each United States Gov2 ernment agency with management responsibility 

3 for the activities that were evaluated; and 

4 (D) a description of the program or project 

5 carried out by the agencies described in sub6 paragraph (C). 

7 (2) DISSEMINATION.—The information required 

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

9 available to the public— 

10 (A) through publication in the Federal 

11 Register; 

12 (B) on the Internet Web site of the Coun13 cil; and 

14 (C) by any other methods that the Direc15 tor determines to be appropriate. 

16 (k) REPORT ON PROJECTED EVALUATIONS.—Not 

17 later than December 31, 2010, and November 1 there18 after, the Director shall submit a report to the appropriate 

19 congressional committees that includes a projected list of 

20 evaluations for the current fiscal year. 

21 (l) REPORT ON METHODOLOGIES AND BEST PRAC22 TICES.— 

23 (1) INITIAL REPORT.—Not later than Sep24 tember 30, 2011, the Director shall submit a report 

25 to each Federal Agency responsible for implementing 

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1 foreign assistance programs and to the appropriate 

2 congressional committees that details recommended 

3 methodologies and best practices for use in evalu4 ating the effectiveness of United States Government 

5 foreign assistance programs. 

6 (2) REGULAR UPDATES.—The Director shall 

7 regularly update the methodologies recommended in 

8 the report submitted under paragraph (1) to account 

9 for developments and trends in foreign assistance 

10 programs. 

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

12 after the submission of the report under paragraph 

13 (1), and biennially thereafter, the Director shall sub14 mit, to each Federal agency responsible for imple15 menting foreign assistance programs and to the ap16 propriate congressional committees, a report that 

17 contains updates to its recommended methodologies 

18 and best practices for use in evaluating the effective19 ness of United States Government foreign assistance 

20 programs. 

21 (m) ANNUAL REPORT.— 

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

23 2011, and each February 15 thereafter, the Director 

24 shall submit a report to the appropriate congres25 sional committees that includes— 

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1 (A) the specific programs, projects, and ac2 tivities that were evaluated by the Council; and 

3 (B) other activities carried out by the 

4 Council during the most recently completed fis5 cal year. 

6 (2) JOINT SUBMISSION.—The report described 

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

8 justification materials submitted to Congress with 

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

10 31, United States Code. 

11 (n) STRATEGIC PLAN.— 

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

13 shall submit a strategic plan for the activities of the 

14 Council to the appropriate congressional committees. 

15 (2) CONTENTS.—The strategic plan required 

16 under paragraph (1) shall include— 

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

18 Council; 

19 (B) the identification of the activities and 

20 programs that support— 

21 (i) the achievement of the Council’s 

22 strategic goals; and 

23 (ii) opportunities that hold the poten24 tial for yielding significant development or 

25 foreign assistance benefits; and 

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1 (C) the connection of the activities and 

2 programs of the Council to activities and mis3 sions of United States foreign assistance pro4 grams. 

5 (o) GOVERNMENT ACCOUNTABILITY OFFICE RE6 PORT.—Not later than 6 years after the date of the enact7 ment of this Act, the Comptroller General of the United 

8 States shall submit a report to the appropriate congres9 sional committees that contains— 

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

11 performance and overall effectiveness of the Coun12 cil’s activities, programs and general operations; 

13 (2) an assessment of how effectively the Council 

14 has implemented its stated objectives and adhered to 

15 and accomplished the purposes and duties described 

16 in subsections (c) and (d); 

17 (3) recommendations relating to any additional 

18 actions the Comptroller General recommends to im19 prove the Council’s performance, activities and oper20 ations; and 

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

22 workload of the International Affairs Division of the 

23 Government Accountability Office. 

24 (p) ADMINISTRATIVE AUTHORITIES OF THE COUN25 CIL.—In addition to the authority otherwise provided 

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1 under this section, the Council, in carrying out the provi2 sions of this section, is authorized— 

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

4 and employees as may be necessary for carrying out 

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

6 (2) to obtain services authorized by section 

7 3109 of title 5, United States Code, at daily rates 

8 not to exceed the equivalent rate prescribed for 

9 grade GS–18 of the General Schedule under section 

10 5332 of such title; 

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

12 be appropriated in advance— 

13 (A) to make and perform such contracts, 

14 grants, and other agreements for audits, stud15 ies, evaluations, analyses, and other services 

16 with— 

17 (i) public agencies; 

18 (ii) any private entity or person in the 

19 United States or in a candidate country; 

20 and 

21 (iii) governmental agencies of any 

22 such country that is undertaking research 

23 that supports the work of the Council, as 

24 appropriate; and 

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1 (B) to make such payments as may be nec2 essary for carrying out the functions of the 

3 Council; 

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

5 be judicially noticed; 

6 (5) to determine and prescribe the manner in 

7 which its obligations shall be incurred and its ex8 penses allowed and paid, including expenses for rep9 resentation; 

10 (6) to lease, purchase, or otherwise acquire, im11 prove, and use such real property wherever situated, 

12 as may be necessary for carrying out the functions 

13 of the Council; 

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

15 or of property, tangible or intangible, for the pur16 pose of carrying out the provisions of this section, as 

17 it relates to public-private partnerships; 

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

19 manner and on the same conditions as executive 

20 agencies; 

21 (9) to enter into personal services contracts 

22 with individuals, who shall not be considered Federal 

23 employees for any provision of law administered by 

24 the Office of Personnel Management; 

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

2 and 

3 (11) to have such other powers as may be nec4 essary and incident to carrying out this section. 

5 (q) OTHER AUTHORITIES.—Except to the extent in6 consistent with the provisions of this section, the adminis7 trative authorities contained in the State Department 

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

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

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

11 to the same extent and in the same manner as such au12 thorities apply to the implementation of such Acts. 

13 (r) APPLICABILITY OF THE GOVERNMENT CORPORA14 TION CONTROL ACT.— 

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

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

17 States Code, except that the Council shall not be au18 thorized to issue obligations or offer obligations to 

19 the public. 

20 (2) CONFORMING AMENDMENT.—Section 

21 9101(3) of title 31, United States Code, is amended 

22 by adding at the end the following: 

23 ‘‘(S) the Council on Research and Evalua24 tion of Foreign Assistance.’’. 

25 (s) INSPECTOR GENERAL.— 

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

2 the Agency for International Development— 

3 (A) shall serve as Inspector General for the 

4 Council; and 

5 (B) in acting in such capacity, may con6 duct reviews, investigations, and inspections of 

7 all aspects of the operations and activities of 

8 the Council. 

9 (2) REIMBURSEMENT.—The Council shall reim10 burse the Agency for International Development for 

11 all expenses incurred by the Inspector General in 

12 connection with the Inspector General’s responsibil13 ities under this subsection. 

14 (t) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 the following amounts: 

17 (1) $30,000,000 for fiscal year 2011. 

18 (2) $35,000,000 for fiscal year 2012. 

19 (3) $40,000,000 for fiscal year 2013. 

20 (4) $45,000,000 for fiscal year 2014. 

21 (5) $50,000,000 for fiscal year 2015. 

22 (6) $55,000,000 for fiscal year 2016. 

23 (u) EFFECTIVE DATE.—This section shall be effec24 tive during the 7 year period beginning on the date of the 

25 enactment of this Act. 

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1 SEC. 7. COMPREHENSIVE WORKFORCE AND HUMAN RE2 SOURCES STRATEGY FOR THE UNITED 

3 STATES AGENCY FOR INTERNATIONAL DE4 VELOPMENT. 

5 (a) COMPREHENSIVE WORKFORCE AND HUMAN RE6 SOURCES STRATEGY FOR THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT.—The Adminis8 trator shall develop and implement a comprehensive work9 force and human resources strategy for the Agency to sup10 port the objective of promoting development and reducing 

11 global poverty. 

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

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

14 the United States Agency for International Development 

15 in support of foreign assistance and policy priorities, and 

16 shall— 

17 (1) determine long-term Agency personnel pri18 orities, including priorities over 5- and 10-year time 

19 periods; 

20 (2) identify career professional development 

21 programs for all personnel, including training, lan22 guage, and education, interagency and intergovern23 mental rotations, and assignment opportunities out24 side the United States Government; 

25 (3) include an assessment of future develop26 ment and foreign policy priorities and the implicamstockstill on DSKH9S0YB1PROD with BILLS

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1 tions of such priorities for technical and policy ex2 pertise, including how to meet future unanticipated 

3 demands brought about by manmade and natural 

4 disasters; 

5 (4) include an overseas facilities and security 

6 assessment examining the implications of such facili7 ties and security for personnel increases; 

8 (5) include the appropriateness of regional plat9 forms to perform necessary Agency functions and to 

10 provide services to other donors and organizations; 

11 (6) consider structural reform options to profes12 sionalize the human resource capacity of the Agency, 

13 including options to outsource the entirety of the 

14 human resource capacity of the Agency; and 

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

16 access cutting-edge technical and managerial exper17 tise. 

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

19 strategy required under subsection (a), the Administrator 

20 shall, among other things— 

21 (1) examine the objectives the Agency is man22 dated to fulfill, and assess whether its current work23 force model effectively supports the goals of the 

24 Agency; 

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

2 identify the additional program demands that have 

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

4 (3) examine different personnel and workforce 

5 management models from other United States Gov6 ernment agencies, international organizations, and 

7 the private sector and determine the comparative ad8 vantages the models might offer and whether they 

9 would allow the Agency to better structure its work10 force to carry out its responsibilities and meet the 

11 challenges of a changing environment; 

12 (4) examine different bureaucratic and legisla13 tive constraints facing the Agency in implementing 

14 a comprehensive workforce planning and manage15 ment system and how these constraints can be ad16 dressed, including— 

17 (A) which limitations, if any, currently 

18 exist that prevent the Agency from hiring the 

19 right people for the right positions in a timely 

20 manner, including mid-level hires and reentry of 

21 mid-level professionals into the Agency; and 

22 (B) how this compares with other organi23 zations, such as the Department of State and 

24 the Millennium Challenge Corporation (MCC), 

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1 ment of State and the MCC in its ability to at2 tract and retain high caliber professionals; 

3 (5) examine the advantages and disadvantages 

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

5 years to carry out its core mission and management 

6 responsibilities; 

7 (6) assess the scope and effectiveness of train8 ing, including the availability of language training, 

9 for Agency personnel, and the extent to which avail10 able trainings support carrying out Agency objec11 tives; and 

12 (7) present a cost analysis for using a con13 tracting model versus a direct hire model and deter14 mine the cost savings and consequences that could 

15 result from the elimination of institutional contrac16 tors and the hiring of the same professionals as per17 sonal services contractors. 

18 (d) WORKFORCE AND HUMAN RESOURCES TASK

19 FORCE.— 

20 (1) IN GENERAL.—The Administrator shall es21 tablish a workforce and human resources task force 

22 that will participate in the development of the work23 force and human resources strategy required under 

24 subsection (b) and will consult with, and provide in25 formation and advice to, senior management of the 

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1 Agency on matters and issues related to workforce 

2 planning, human resource recruitment and training, 

3 and other personnel issues as the Agency develops 

4 and implements the workforce and human resources 

5 strategy. 

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

7 composed of 9 members as follows: 

8 (A) Four senior career professionals of the 

9 Agency from different personnel backgrounds, 

10 at least 2 of whom shall be from Foreign Serv11 ice, appointed by the Administrator. 

12 (B) One senior official from the Depart13 ment of State appointed by the Secretary. 

14 (C) One senior official from the Office of 

15 Personnel Management appointed by the Direc16 tor of the Office of Personnel Management. 

17 (D) Three professionals outside the United 

18 States Government noted for their knowledge 

19 and experience in personnel and human re20 source issues, appointed by the Administrator 

21 in consultation with the Senate. 

22 (3) DEADLINE FOR APPOINTMENTS.—All mem23 bers of the task force shall be designated not later 

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

25 Act. 

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1 (4) TERMINATION.—The task force shall termi2 nate 2 years after the enactment of this Act. 

3 (e) REPORTS.— 

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

5 after the date of the enactment of this Act, the Ad6 ministrator shall submit to the appropriate congres7 sional committees the strategy required under sub8 section (a). 

9 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE10 PORT.—Not later than 120 days after the submis11 sion of the initial strategy under paragraph (1), the 

12 Comptroller General of the United States shall sub13 mit to the appropriate congressional committees a 

14 report that contains— 

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

16 the strategy submitted under paragraph (1); 

17 and 

18 (B) recommendations relating to any addi19 tional actions the Comptroller General rec20 ommends to improve the strategy and its imple21 mentation. 

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

23 years after the submission of the initial strategy 

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

25 until 2021, the Administrator shall transmit to the 

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1 appropriate congressional committees an updated 

2 strategy— 

3 (A) assessing progress made during the 

4 preceding 2 years toward implementing the 

5 strategy required under this section and meet6 ing the specific goals, benchmarks, and time 

7 frames specified in the strategy required under 

8 subsection (a); 

9 (B) identifying legal or other impediments 

10 to achieving those objectives and recommenda11 tions for addressing those impediments; and 

12 (C) describing modifications to the strat13 egy based upon the Agency’s experience during 

14 the previous 2 years and any revisions to the 

15 policy, program, financial or other assumptions 

16 that were the basis for the current strategy. 

17 (f) OUTSIDE ASSISTANCE.—To assist in the develop18 ment, formulation, and implementation of the workforce 

19 and human resources strategy, the Administrator shall 

20 contract with an independent organization— 

21 (1) to help the Agency assess current human 

22 resource capacity; 

23 (2) to review how its human resource capacity 

24 matches up against Agency mandates and policy pri25 orities; 

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1 (3) to compare the Agency’s current human re2 source system and practices with best practices of 

3 other organizations, public and private; 

4 (4) to provide a set of recommendations to fa5 cilitate structural reform to the Agency’s human re6 sources bureau; and 

7 (5) to assist with other issues related to sup8 porting the development of the workforce and human 

9 resources strategy. 

10 (g) AVAILABILITY OF FUNDS.—Amounts made avail11 able to carry out section 667 of the Foreign Assistance 

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

13 carry out subsection (f). 

14 SEC. 8. PERSONNEL AND HUMAN RESOURCES. 

15 (a) CAREER PROFESSIONAL DEVELOPMENT.—Chap16 ter 2 of part III of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2381 et seq.) is amended by inserting after 

18 section 630 the following new section: 

19 ‘‘SEC. 630A. INTERAGENCY AND INTERNATIONAL ORGANI20 ZATION ROTATIONS. 

21 ‘‘(a) ROTATIONS.— 

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

23 shall establish career guidelines for Foreign Service 

24 officers and civil service officers that incorporate 

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1 ganization rotational assignments. The guidelines es2 tablished under this paragraph shall include— 

3 ‘‘(A) selection; 

4 ‘‘(B) professional education and training; 

5 ‘‘(C) types of relevant interagency, inter6 governmental, and international organization 

7 assignments; and 

8 ‘‘(D) such other matters as the Adminis9 trator considers appropriate. 

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

11 later than 2 years after the date of the enactment 

12 of this Act, the Administrator shall establish addi13 tional guidelines that consider participation by rel14 evant officers in at least 1 interagency, intergovern15 mental, or international organizational rotational as16 signment of at least 6 months as a factor for pro17 motion into the ranks of the Senior Foreign Service 

18 or Senior Executive Service. 

19 ‘‘(3) PROMOTION POLICY OBJECTIVES FOR AS20 SIGNMENTS TO INTERAGENCY, INTERGOVERN21 MENTAL, AND INTERNATIONAL ORGANIZATIONS.— 

22 ‘‘(A) QUALIFICATIONS.—The Adminis23 trator shall ensure that promotion precepts and 

24 promotion panels do not penalize officers who 

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1 have been assigned to interagency, intergovern2 mental or international organizations. 

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

4 provide an annual report to the appropriate 

5 congressional committees that— 

6 ‘‘(i) specifies the aggregate number of 

7 officers and the promotion rates of officers 

8 who are serving in, or have served in, 

9 interagency, intergovernmental, or inter10 national organization rotational assign11 ments; and 

12 ‘‘(ii) details efforts to meet the objec13 tives described in paragraph (1). 

14 ‘‘(b) EXTERNAL TRAINING AND EDUCATIONAL OP15 PORTUNITIES.—It is the sense of Congress that— 

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

17 Agency for International Development should aug18 ment and expand external training and educational 

19 opportunities for Foreign Service and civil service 

20 personnel and expand opportunities for work assign21 ments to entities outside the United States Govern22 ment; 

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

24 a knowledgeable and capable workforce that is famil25 iar with and has access to cutting edge development 

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1 practices, methodologies, ideas, work experience, and 

2 programs; and 

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

4 Agency for International Development should ensure 

5 that personnel of the Agency have opportunities dur6 ing their careers to obtain a range of knowledge7 building work experiences and advanced education 

8 and training in academic and other relevant institu9 tions in the United States and abroad to increase 

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

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

12 of the enactment of this Act, the Administrator of the 

13 United States Agency for International Development shall 

14 submit to the appropriate congressional committees a re15 port on efforts to facilitate and promote external training 

16 and educational opportunities for Foreign Service and civil 

17 service personnel, including— 

18 (1) a description of the internal process of se19 curing such opportunities and the number of officers 

20 who have undertaken such external trainings in the 

21 past year; and 

22 (2) a description of actions the Administrator 

23 has taken or plans to take to further expand and fa24 cilitate external training and educational opportuni25 ties. 

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1 SEC. 9. STRENGTHENING DEVELOPMENT COORDINATION 

2 IN THE FIELD. 

3 (a) IN GENERAL.—Section 631(d) of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2391) is amended to read 

5 as follows: 

6 ‘‘(d) COORDINATION OF DEVELOPMENT ASSISTANCE

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

8 the United States diplomatic mission, the chief of each 

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

10 country shall be responsible for the coordination of all de11 velopment and humanitarian efforts of the United States 

12 Government in such country. Such activities shall include 

13 all development and humanitarian activities from funds 

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

15 other Act.’’. 

16 (b) SENSE OF CONGRESS ON MODERNIZING USAID 

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

18 Congress that— 

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

20 International Development (USAID) and foreign as21 sistance continues to evolve to meet emerging chal22 lenges, new priorities, changing circumstances, and 

23 augmented roles and responsibilities; 

24 (2) the environment in which our foreign assist25 ance and development agencies operate is dramatimstockstill on DSKH9S0YB1PROD with BILLS

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1 cally different than the Cold War environment in 

2 which they were created; 

3 (3) despite the new and changing of USAID 

4 circumstances, the United States Government has 

5 not significantly updated the basic USAID mission 

6 structure since it was first established in 1961; and 

7 (4) to reflect evolving threats, opportunities and 

8 challenges in the 21st century, USAID should un9 dertake a comprehensive examination of the mission 

10 structure, with special attention to staffing, authori11 ties, the balance between Washington, District of 

12 Columbia, and the field, and management best prac13 tices. 

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

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

16 the United States Agency for International Development 

17 shall submit to the appropriate congressional committees 

18 a report on modernizing USAID missions for the 21st cen19 tury, including— 

20 (1) whether missions are staffed and well suited 

21 for current and emerging roles and responsibilities; 

22 (2) whether the management and organizational 

23 structure provide the required flexibility while pro24 viding effective oversight of programs; 

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1 (3) whether the level of centralized versus de2 centralized decisionmaking is appropriate for the 

3 current and emerging context in which the mission 

4 is working; 

5 (4) whether there is sufficient flexibility in 

6 terms of personnel to address fluctuations in funding 

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

8 would be helpful; 

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

10 lessons from prior projects are being systematically 

11 incorporated into new program design; 

12 (6) whether missions of USAID are appro13 priately focused on bilateral and multilateral donor 

14 coordination and whether this is a priority for 

15 USAID personnel; 

16 (7) what the appropriate relationship and bal17 ance are between USAID missions and the broader 

18 United States mission in a country; 

19 (8) how effectively USAID is able to coordinate 

20 with the Department of Defense, especially as the 

21 Department of Defense implements an increasing 

22 number of development and humanitarian programs; 

23 (9) whether the existing structure of the United 

24 States foreign assistance system allows for proper 

25 coordination between different Federal departments 

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1 and agencies implementing foreign assistance and 

2 development programs to avoid duplication of effort; 

3 and 

4 (10) what obstacles exist to more effective co5 ordination, including what structural or organiza6 tional improvements would assist with more effective 

7 coordination. 

8 SEC. 10. TRANSPARENCY OF UNITED STATES FOREIGN AS9 SISTANCE. 

10 (a) SENSE OF CONGRESS ON TRANSPARENCY OF AS11 SISTANCE.—It is the sense of Congress that— 

12 (1) United States citizens and recipients of 

13 United States foreign assistance should, to the max14 imum extent practicable, have full access to informa15 tion on United States foreign assistance; and 

16 (2) to the extent possible, United States Gov17 ernment agencies, departments, and institutions 

18 should undertake preparatory consultations with rel19 evant outside stakeholders in a transparent and full 

20 manner in the course of formulating policies and 

21 strategies related to foreign assistance and develop22 ment. 

23 (b) PUBLIC AVAILABILITY OF INFORMATION.— 

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

25 all Federal departments and agencies to make pubmstockstill on DSKH9S0YB1PROD with BILLS

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1 licly available on their Web sites comprehensive, 

2 timely, comparable, and accessible information on 

3 United States foreign assistance. The information 

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

5 basis and country-by-country basis. 

6 (2) CONTENT.—To ensure transparency, ac7 countability, and effectiveness of United States for8 eign assistance, the information on United States 

9 foreign assistance published and made available 

10 under paragraph (1) shall include annual budget 

11 presentations and justifications of any programs or 

12 projects that provide foreign assistance by any Fed13 eral department or agency. In the event that detailed 

14 information is classified, an unclassified summary 

15 shall be posted and the classified details shall be 

16 submitted separately to the appropriate congres17 sional committees. 

18 (3) TIMELY AVAILABILITY OF INFORMATION.— 

19 The President shall direct the head of each Federal 

20 department and agency providing United States for21 eign assistance to ensure that the information re22 quired under this subsection is made available on no 

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

24 annual budget is released. Data that is of a provimstockstill on DSKH9S0YB1PROD with BILLS

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1 sional nature shall be updated when actual figures 

2 are available. 

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

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

5 and impact of United States foreign assistance in relation 

6 to funding provided by other donor nations and recipient 

7 countries, the President should fully engage with and par8 ticipate in the International Aid Transparency Initiative, 

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

10 Level Forum on Aid Effectiveness. 

11 SEC. 11. OPERATING EXPENSES. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The separate account created by Congress 

15 in 1976 to authorize and appropriate funds for all 

16 operating expenses of the United States Agency for 

17 International Development has been an important 

18 tool to ensure transparency of administrative costs 

19 and accountability of funds. 

20 (2) Funding for the operating expenses of the 

21 Agency has not kept pace with the growth of the 

22 Agency’s program funding and the expanded geo23 graphic and sectoral demands for economic assist24 ance abroad. 

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

2 certain cases to fund selected administrative costs 

3 out of program funds in order to properly admin4 ister, oversee, and implement its programs and ac5 tivities, thus detracting from the goals of increased 

6 transparency and accountability that establishment 

7 of the separate operating expenses account was in8 tended to foster. 

9 (4) A 2003 Government Accountability Office 

10 report on the operating expenses of the Agency 

11 noted that ‘‘USAID’s operating expense account 

12 does not fully reflect the agency’s cost of doing busi13 ness primarily because the agency pays for some ad14 ministrative activities done by contractors and other 

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

16 ‘‘Congress has increasingly encouraged the Agency 

17 to use program funds to support certain administra18 tive costs’’. 

19 (5) The December 2007 HELP Commission 

20 Report on Foreign Assistance Reform— 

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

22 a separate OE budget has eroded. During the 

23 past 30 years, Congress and the Executive 

24 branch have allowed program funds to be used 

25 to pay for the costs of activities once funded 

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1 from the OE account while cutting the OE 

2 budget.’’; 

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

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

5 accounting process,’’; 

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

7 no longer serves a useful purpose’’; and 

8 (D) states, ‘‘While it might have been con9 structive in bringing clarity to the cost of doing 

10 business in the 1970s, another system should 

11 be developed that calculates true administrative 

12 and management expenses, including those now 

13 funded with program or project funds. This new 

14 system needs to allow administrative expenses 

15 to be properly managed and monitored and 

16 needs to ensure that Congress receives clear, 

17 timely and transparent information regarding 

18 these expenditures.’’. 

19 (6) While Congress concurs with the HELP 

20 Commission’s recommendation that a major reas21 sessment of the scope and the continued utility of 

22 the operating expenses account structure is in order, 

23 Congress also believes that the urgency of the issues 

24 confronting Agency management in terms of hiring 

25 technical expertise and providing the Agency with 

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1 the capacity to oversee and administer critical for2 eign assistance programs and functions, justifies 

3 providing the Agency with broader discretion on 

4 ways to support direct-hire staffing requirements. 

5 (b) GUIDELINES FOR PROGRAM FUNDS.— 

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

7 and except as otherwise authorized by law, program 

8 funds may be used for— 

9 (A) travel expenses of all employees who 

10 are members of the Foreign Service or civil 

11 service; 

12 (B) salaries and related expenses of em13 ployees other than Foreign Service or civil serv14 ice employees who are United States citizens; 

15 and 

16 (C) costs associated with research and pol17 icy analysis in support of programs (other than 

18 for salaries and benefits of employees or costs 

19 associated with contractors), including analysis 

20 for development assistance policy planning and 

21 for the design, monitoring, and evaluation of 

22 programs and activities. 

23 (2) NOTIFICATION.—The Administrator shall— 

24 (A) submit a written report to the appro25 priate congressional committees detailing the 

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1 Agency’s plan for managing and accounting for 

2 the funds used in accordance with the authority 

3 provided by paragraph (1) not later than 60 

4 days after the date of the enactment of this 

5 Act; and 

6 (B) consult with the appropriate congres7 sional committees about the use and manage8 ment of such funds not later than 60 days after 

9 the date of the enactment of this Act. 

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

11 every 6 months until 2013, the Administrator shall submit 

12 a report to the appropriate congressional committees that 

13 details the purpose and amount of funds obligated under 

14 the authority provided pursuant to subsection (b), cat15 egorized by bureau and activity. 

16 (d) REPORT ON RECOMMENDATIONS FOR OPERATING

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

18 of the enactment of this Act, the Administrator, in coordi19 nation with the workforce and human resources task force 

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

21 to the appropriate congressional committees that con22 tains— 

23 (1) recommendations and detailed justifications 

24 for streamlining and improving the efficiency of how 

25 the Agency uses operating expenses, including recmstockstill on DSKH9S0YB1PROD with BILLS

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1 ommendations for alternative models and ap2 proaches; 

3 (2) recommendations and detailed justifications 

4 for increasing the transparency of Agency operating 

5 expenses; 

6 (3) an assessment of how the operating ex7 penses account has affected Agency performance in 

8 support of program goals and objectives; and 

9 (4) an assessment of how the operating ex10 penses account has affected human resources and 

11 personnel of the Agency, including a discussion of 

12 the proliferation of new hiring authorities and in13 creased reliance on contractors to handle the core 

14 business of the Agency. 

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

16 (a) SHORT TITLE.—This Act may be cited as the ‘‘For17 eign Assistance Revitalization and Accountability Act of 

18 2009’’. 

19 (b) TABLE OF CONTENTS.—The table of contents for 

20 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Statement of policy. 

Sec. 5. Policy and strategic planning. 

Sec. 6. Council on Research and Evaluation of Foreign Assistance. 

Sec. 7. Comprehensive workforce and human resources strategy for the United 

States Agency for International Development. 

Sec. 8. Personnel and human resources. 

Sec. 9. Strengthening development coordination in the field. 

Sec. 10. Transparency of United States foreign assistance. 

Sec. 11. Operating expenses. 

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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—Except as otherwise pro4 vided, the term ‘‘Administrator’’ means the Adminis5 trator of the United States Agency for International 

6 Development. 

7 (2) AGENCY.—Except as otherwise provided, the 

8 term ‘‘Agency’’ means the United States Agency for 

9 International Development. 

10 (3) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means the Committee on Foreign Relations of 

13 the Senate and the Committee on Foreign Affairs of 

14 the House of Representatives. 

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

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

17 SEC. 3. FINDINGS. 

18 Congress makes the following findings: 

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

20 inequality, and environmental degradation are recog21 nized as significant contributors to— 

22 (A) socioeconomic and political instability; 

23 and 

24 (B) the exacerbation of pandemics and other 

25 global health threats. 

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1 (2) The 2006 National Security Strategy of the 

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

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

4 assist the world’s poor citizens and least developed 

5 nations and help integrate them into the global econ6 omy.’’. 

7 (3) The bipartisan Final Report of the National 

8 Commission on Terrorist Attacks Upon the United 

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

10 comprehensive United States strategy to counter ter11 rorism should include economic policies that encour12 age development, more open societies, and opportuni13 ties for people to improve the lives of their families 

14 and enhance prospects for their children.’’. 

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

16 the national interest of the United States. It improves 

17 United States security by mitigating the underlying 

18 causes of violence and extremism, addresses threats 

19 like climate change and pandemic disease, expands 

20 economic opportunities for producers and consumers 

21 in the United States, demonstrates United States 

22 leadership to the world, and represents the values, hu23 manitarianism, and generosity of the American peo24 ple. 

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1 (5) Elevating the standing of the United States 

2 in the world represents a critical and essential ele3 ment for any strategy to improve national and global 

4 security by mitigating the root causes of conflict and 

5 multinational terrorism, strengthening diplomatic 

6 and economic relationships, preventing global climate 

7 change, curbing weapons proliferation, and fostering 

8 peace and cooperation between all nations. 

9 (6) Currently the global development policies and 

10 programs of the United States Government are scat11 tered across 12 different Federal departments, 25 dif12 ferent Federal agencies, and nearly 60 Federal Gov13 ernment offices. The current law governing foreign as14 sistance is outdated, cumbersome, and lacks relevance 

15 for modern challenges, articulating at least 140 broad 

16 priorities for United States development efforts, with 

17 at least 400 specific directives on how to implement 

18 those broad priorities. Moreover, it allows the budget 

19 process to drive priorities, rather than setting clear 

20 priorities that drive resource decisions. 

21 (7) The international and domestic challenges of 

22 the 21st century—including transnational threats 

23 such as economic instability, terrorism, climate 

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

25 assistance apparatus that was created to confront the 

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1 challenges of the 20th century. The cornerstone for a 

2 new foreign assistance architecture begins with reform 

3 of the Foreign Assistance Act of 1961 that ensures a 

4 rationalized organizational structure for a strength5 ened development agency, a concise set of development 

6 priorities, rebuilt human resource capacity, strength7 ened monitoring and evaluation, reinvigorated policy 

8 and intellectual expertise, with sufficient resources 

9 and commensurate accountability to achieve key for10 eign assistance goals. 

11 (8) President Barack Obama has expressed a 

12 commitment to cut extreme poverty and hunger 

13 around the world in half, and to increase the level of 

14 United States foreign assistance to meet that goal. 

15 SEC. 4. STATEMENT OF POLICY. 

16 It is the policy of the United States, given the impor17 tance of global prosperity and security to the national inter18 ests of the United States, to promote sustainable global de19 velopment, good governance, and the reduction of poverty 

20 and hunger. In support of this policy, a reform and rebuild21 ing process should be initiated that will redefine the United 

22 States foreign assistance architecture and strengthen the ca23 pacity of the United States Agency for International Devel24 opment and related agencies to establish effective and sus25 tainable development policies and implement innovative 

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1 and effective foreign assistance programs with maximum 

2 impact. 

3 SEC. 5. POLICY AND STRATEGIC PLANNING. 

4 (a) SENSE OF CONGRESS ON BUILDING THE POLICY

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

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

7 years in developing the capacity of the Agency to for8 mulate international development policy and to inte9 grate important policy initiatives and innovative pol10 icy concepts into Agency programs and activities; 

11 (2) the Agency should increase its emphasis on 

12 recruiting, hiring, training, and enhancing profes13 sional officers who will support the Agency’s role in 

14 formulating development policy and enhancing inno15 vative solutions to development challenges; 

16 (3) there is a particular need to strengthen pol17 icy formulation and development in missions world18 wide, in addition to strengthening the capacity of the 

19 Agency to address policy issues in headquarters in 

20 Washington, District of Columbia, which should be 

21 dealt with by deploying policy officers to missions 

22 worldwide; and 

23 (4) a Bureau for Policy and Strategic Planning 

24 should ensure that policy concepts and priorities are 

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1 appropriately integrated into all programs and ac2 tivities undertaken by the Agency. 

3 (b) ESTABLISHMENT OF USAID POSITIONS TO BUILD

4 POLICY AND STRATEGIC PLANNING CAPACITY.— 

5 (1) DEPUTY ADMINISTRATOR OF THE UNITED

6 STATES AGENCY FOR INTERNATIONAL DEVELOP7 MENT.—Section 624 of the Foreign Assistance Act of 

8 1961 (22 U.S.C. 2384) is amended by inserting after 

9 subsection (c) the following new subsection: 

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

11 United States Agency for International Development, 

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

13 not more than 2 Deputy Administrators, who shall assist 

14 the Administrator in all matters.’’. 

15 (2) ASSISTANT ADMINISTRATOR FOR POLICY AND

16 STRATEGIC PLANNING.—Such section is further 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(f) ASSISTANT ADMINISTRATOR FOR POLICY AND

20 STRATEGIC PLANNING.—There shall be in the United States 

21 Agency for International Development, among the statutory 

22 officers authorized by subsection (a), an Assistant Adminis23 trator for Policy and Strategic Planning, who shall assist 

24 the Administrator and Deputy Administrators in matters 

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1 sign, research, evaluation, budget allocation and manage2 ment, and in other matters.’’. 

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

4 such section is amended by striking ‘‘twelve’’ and in5 serting ‘‘fourteen’’. 

6 (c) BUREAU FOR POLICY AND STRATEGIC PLAN7 NING.—Chapter 2 of part III of the Foreign Assistance Act 

8 of 1961 (22 U.S.C. 2381 et seq.) is amended by inserting 

9 after section 624 the following new section: 

10 ‘‘SEC. 624A. BUREAU FOR POLICY AND STRATEGIC PLAN11 NING. 

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

13 United States Agency for International Development a Bu14 reau for Policy and Strategic Planning (referred to in this 

15 section as the ‘Bureau’). 

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

17 include the following: 

18 ‘‘(1) Developing and formulating United States 

19 Government policy on development issues in support 

20 of United States policy objectives. 

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

22 direction for overall development policy and pro23 grams, as well as across regions and sectors. 

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1 ‘‘(3) Designing and conducting significant re2 search and evaluation on development and aid effec3 tiveness. 

4 ‘‘(4) Establishing resource and workforce alloca5 tion criteria. 

6 ‘‘(5) Guiding overall budget decisions and re7 viewing bureau-specific resource allocations, workforce 

8 allocations, operational planning, and program deci9 sions. 

10 ‘‘(6) Integrating monitoring and evaluation into 

11 overall decisionmaking and strategic planning.’’. 

12 (d) OFFICE FOR LEARNING, EVALUATION, AND ANAL13 YSIS IN DEVELOPMENT.—Chapter 2 of part III of the For14 eign Assistance Act of 1961 (22 U.S.C. 2381 et seq.), as 

15 amended by subsection (c), is further amended by inserting 

16 after section 624A the following: 

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

18 ANALYSIS IN DEVELOPMENT. 

19 ‘‘(a) SENSE OF CONGRESS ON ANALYSIS AND EVALUA20 TION.—It is the sense of Congress that— 

21 ‘‘(1) achieving United States foreign policy ob22 jectives requires the consistent and systematic evalua23 tion of the impact of United States foreign assistance 

24 programs and analysis on what programs work and 

25 why, when, and where they work; 

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

2 projects should include the collection of relevant data 

3 required to measure outcomes and impacts; 

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

5 projects should reflect the knowledge gained from eval6 uation and analysis; 

7 ‘‘(4) a culture and practice of high quality eval8 uation should be revitalized at agencies managing for9 eign assistance programs, which requires that the con10 cepts of evaluation and analysis are used to inform 

11 policy and programmatic decisions, including the 

12 training of aid professionals in evaluation design and 

13 implementation and the use of new and innovative 

14 technologies, as appropriate and feasible; 

15 ‘‘(5) the effective and efficient use of funds can16 not be achieved without an understanding of how les17 sons learned are applicable in various environments, 

18 and under similar or different conditions; and 

19 ‘‘(6) project evaluations should be used as sources 

20 of data when running broader analyses of develop21 ment outcomes and impacts. 

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

23 Bureau for Policy and Strategic Planning an Office for 

24 Learning, Evaluation, and Analysis in Development (re25 ferred to in this section as the ‘Office’), which shall be under 

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1 the management of the Assistant Administrator for Policy 

2 and Strategic Planning. 

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

4 ‘‘(1) develop, design, coordinate, guide, and con5 duct the complete range of activities relating to the 

6 monitoring of resources, the evaluation of projects, the 

7 evaluation of program impacts, and analysis that is 

8 necessary for the identification of findings, gen9 eralizations that can be derived from those findings, 

10 and their applicability to proposed project and pro11 gram design; 

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

13 Agency for International Development, other govern14 ment entities, implementing partners, the academic 

15 community, the donor community, and host govern16 ments in the design of programs and projects; 

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

18 evaluation and research results to strategic planning 

19 and policy options; 

20 ‘‘(4) design a strategy for strengthening evalua21 tion and research for foreign assistance programs 

22 managed by the United States Agency International 

23 Development; 

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1 ‘‘(5) develop the scope and guidelines for evalua2 tion and research that are multidisciplinary in na3 ture; 

4 ‘‘(6) establish annual evaluation and research 

5 agendas and objectives that are responsive to policy 

6 and programmatic priorities; 

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

8 choosing from among a wide variety of qualitative 

9 and quantitative methods common in the field of so10 cial scientific inquiry; 

11 ‘‘(8) coordinate the evaluation processes of bu12 reaus and missions of the United States Agency for 

13 International Development; 

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

15 evaluation and research for aid personnel; 

16 ‘‘(10) make recommendations to the Assistant 

17 Administrator for Policy and Strategic Planning on 

18 linking evaluation and research findings to policy 

19 and strategic planning options; 

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

21 dissemination of knowledge and lessons learned to 

22 USAID professionals, implementing partners, the 

23 international aid community, and aid recipient gov24 ernments, and as a repository of knowledge on lessons 

25 learned; 

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1 ‘‘(12) distribute evaluation and research reports 

2 internally and make this material available online to 

3 the public; and 

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

5 implementing partners, and national and inter6 national institutions that have expertise in evaluation 

7 and analysis when such partnerships will provide 

8 needed expertise or will significantly improve the 

9 evaluation and analysis. 

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

11 create such subordinate units as may be necessary for the 

12 performance of duties described in paragraphs (9) and (11) 

13 of subsection (c). 

14 ‘‘(e) TECHNICAL EXPERTISE.—If the Assistant Admin15 istrator determines that the Office requires expertise that 

16 is of a technical nature and is outside the expertise of the 

17 Agency for International Development, such expertise may 

18 be accessed through existing contracting authorities. 

19 ‘‘(f) MONITORING.—Evaluation and analysis activities 

20 of the Office shall be in addition to, but not duplicative 

21 of, existing monitoring activities as provided under existing 

22 law. 

23 ‘‘(g) COORDINATION.—The Office should closely coordi24 nate and consult with the Council on Research and Evalua25 tion of Foreign Assistance to ensure consistency of approach 

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1 toward evaluation, research, analysis, and related activi2 ties. 

3 ‘‘(h) ANNUAL REPORTS TO CONGRESS.— 

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

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

6 than December 31 of each year thereafter, the Admin7 istrator shall submit to the appropriate congressional 

8 committees a report on the work of the Office. 

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

10 paragraph (1) shall include— 

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

12 research agenda for the preceding year; 

13 ‘‘(B) a description of the evaluation activi14 ties conducted in the preceding year; 

15 ‘‘(C) a description of training activities 

16 conducted in the preceding year; 

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

18 planned for the following year; and 

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

20 results of evaluations have informed the design 

21 and operation of agency policies and programs 

22 during the year. 

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to the United States Agency 

25 for International Development $5,000,000 for fiscal year 

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1 2010 and such sums as may be necessary for fiscal year 

2 2011. 

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

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

5 comparative study of evaluations conducted over a pe6 riod of time, in varying locations, and under varying 

7 conditions that produces generalized findings and ex8 planations of outcomes and assesses their applica9 bility to proposed project and program design. 

10 ‘‘(2) EVALUATION.—The term ‘evaluation’ means 

11 the full range of activities designed to assess the effi12 ciency and effectiveness of inputs and processes on 

13 outputs, results, and outcomes of various projects, 

14 programs, and activities. 

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

16 change occurring during the course of a project, pro17 gram, or activity, including changes that cannot be 

18 attributed directly to the project, program, or activ19 ity. 

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

21 products, capital, goods, and services that result from 

22 a project, program, or activity.’’. 

23 SEC. 6. COUNCIL ON RESEARCH AND EVALUATION OF FOR24 EIGN ASSISTANCE. 

25 (a) FINDINGS.—Congress makes the following findings: 

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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 Re9 port on Foreign Assistance Reform states, ‘‘[T]he sys10 tems our government uses to evaluate development 

11 and humanitarian assistance programs are either in 

12 disarray or do not exist. Current systems tend to 

13 focus more on outputs, such as counting how many 

14 books are delivered to a school, rather than on out15 comes, such as measuring how many children can ac16 tually read. Indeed, out of 26,285 impact evaluations 

17 that USAID conducted between 1996 and 2005, only 

18 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 exec2 utive branch the Council on Research and Evaluation of 

3 Foreign Assistance (referred to in this section as the ‘‘Coun4 cil’’). 

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

6 be— 

7 (1) to evaluate the impact of United States Gov8 ernment foreign assistance programs and their con9 tribution to policy, strategies, projects, program goals, 

10 and priorities undertaken by the United States Gov11 ernment in support of foreign policy objectives; and 

12 (2) to cultivate an integrated research and devel13 opment program that will— 

14 (A) incorporate best practices from evalua15 tion studies and analyses; and 

16 (B) foster and promote innovative programs 

17 to improve the effectiveness of United States for18 eign assistance. 

19 (d) DUTIES AND AUTHORITIES.— 

20 (1) EVALUATIONS OF UNITED STATES GOVERN21 MENT FOREIGN ASSISTANCE PROGRAMS AND INTER22 NATIONAL AND MULTILATERAL ASSISTANCE PRO23 GRAMS RECEIVING FINANCIAL ASSISTANCE FROM THE

24 UNITED STATES.— 

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

4 (i) the effectiveness of foreign assistance 

5 programs carried out by any United States 

6 Government agency; 

7 (ii) the impact of foreign assistance 

8 programs of any United States Government 

9 agency on the effectiveness of the foreign as10 sistance programs of any other United 

11 States Government agency; and 

12 (iii) the effectiveness of international 

13 and multilateral assistance programs re14 ceiving financial assistance from the United 

15 States. 

16 (B) IMPACT ASSESSMENT.—Evaluations 

17 conducted under subparagraph (A) shall assess 

18 the impact of the programs described in clauses 

19 (i) and (ii) of subparagraph (A) and their con20 tribution to policy, strategies, projects, program 

21 goals, and priorities of the United States Gov22 ernment. 

23 (C) SELECTION CRITERIA.—The Director, 

24 in consultation with the Board, shall establish— 

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1 (i) criteria for selecting foreign assist2 ance programs and international and mul3 tilateral assistance programs receiving fi4 nancial assistance from the United States to 

5 be evaluated under subparagraph (A); and 

6 (ii) procedures for conducting such 

7 evaluations. 

8 (D) COORDINATION.—The criteria and pro9 cedures established under subparagraph (C) shall 

10 include procedures to avoid duplication of the 

11 Council’s activities, and to ensure effective co12 ordination and cooperation, with the activities of 

13 the Comptroller General of the United States, 

14 relevant Inspectors General, and other relevant 

15 entities. 

16 (E) METHODOLOGIES.—In conducting eval17 uations under subparagraph (A), the Council 

18 shall utilize rigorous and objective methodologies, 

19 choosing from among a wide variety of quali20 tative and quantitative methods common in the 

21 field of social scientific inquiry. 

22 (F) INTERAGENCY ASSISTANCE.—In con23 ducting evaluations under subparagraph (A), the 

24 Director is authorized to request information or 

25 assistance from the head of any Federal agency 

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1 to the extent necessary to facilitate the evalua2 tion of a program, including access to all 

3 records, reports, audits, reviews, documents, pa4 pers, recommendations, and other material 

5 available to the program being evaluated by the 

6 Council. Upon receipt of a request under this 

7 subparagraph, the head of the Federal agency re8 ceiving the request, insofar as is practicable and 

9 not in contravention of any applicable law, shall 

10 furnish to the Director, or to an authorized des11 ignee, such information or assistance as may be 

12 necessary to carry out the purposes of this sec13 tion. 

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

15 issuing a report under this subparagraph, the 

16 Director shall submit a draft of the report to the 

17 head of the Federal agency responsible for imple18 menting the program being evaluated and pro19 vide the agency head an opportunity to comment 

20 on the report. The Council shall issue a report to 

21 the appropriate congressional committees on each 

22 evaluation conducted under subparagraph (A) 

23 that contains— 

24 (i) an assessment of the effectiveness of 

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1 tiveness of any partnership with non-Fed2 eral partners, as appropriate; 

3 (ii) any recommendations to improve 

4 the program’s effectiveness, including the ef5 fectiveness of partnerships with other 

6 United States Government agencies and 

7 non-Federal organizations, as appropriate; 

8 (iii) any recommendations to termi9 nate or reduce the scope of a program that 

10 has been evaluated; and 

11 (iv) any comments received from the 

12 head of the Federal agency, or his or her 

13 designee, including any non-Federal part14 ner, as appropriate. 

15 (H) CONSULTATION.—The Director shall 

16 regularly consult with the appropriate congres17 sional committees to discuss priorities for eval18 uations to be conducted under subparagraph (A). 

19 (2) RESEARCH ON FOREIGN ASSISTANCE DESIGN, 

20 IMPLEMENTATION, EVALUATION, AND EFFECTIVE21 NESS.— 

22 (A) IN GENERAL.—The Council shall con23 duct research and analysis on the design, imple24 mentation, evaluation, and effectiveness of for25 eign assistance programs in an effort to develop 

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1 innovative approaches relating to foreign assist2 ance, including— 

3 (i) research and analysis aimed at de4 veloping objective methodologies for evalu5 ating the effectiveness of foreign assistance 

6 programs in achieving assistance objectives; 

7 (ii) research and analysis aimed at 

8 identifying ways of improving coordination 

9 of foreign assistance programs and contin10 gency operations (as that term is defined in 

11 section 101(a)(13) of title 10, United States 

12 Code) carried out by Federal agencies, in13 cluding ways of coordinating research and 

14 development conducted by such agencies; 

15 and 

16 (iii) research and analysis aimed at 

17 identifying approaches through which the 

18 United States Government can support the 

19 development of evaluation capacity in devel20 oping countries, and strategies to encourage 

21 the use of evaluation findings among dif22 ferent levels of decision makers and imple23 menters. 

24 (B) ADDITIONAL RESEARCH.—In addition 

25 to the research conducted under subparagraph 

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

2 analysis on— 

3 (i) trends relating to foreign assistance 

4 programs and the measures necessary to en5 sure continued progress; and 

6 (ii) the relative effectiveness of inter7 national and multilateral assistance pro8 grams receiving financial assistance from 

9 the United States, including programs of 

10 the World Bank Group, United Nations en11 tities, and regional multilateral develop12 ment banks, as compared to United States 

13 foreign assistance programs. 

14 (C) INTEGRATED RESEARCH AND DEVELOP15 MENT PROGRAM.—The Director, in consultation 

16 with the Board, shall establish and implement 

17 an integrated research and development program 

18 that will serve as a laboratory for innovative 

19 programs related to foreign assistance to fulfill 

20 the objectives described in subparagraph (A). 

21 (D) PARTNERS.—In conducting research 

22 and analysis under subparagraph (A), the Coun23 cil shall partner with the academic community, 

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1 national institutions that have expertise in eval2 uation, research, and analysis, as appropriate. 

3 (E) REPORTS.—The Council shall issue re4 ports to the appropriate congressional commit5 tees on the results of research conducted pursuant 

6 to subparagraph (A) that include recommenda7 tions to Federal agencies responsible for imple8 menting foreign assistance programs on how to 

9 improve the design, implementation, and evalua10 tion of such programs. 

11 (F) COLLABORATION.—The Council shall 

12 actively collaborate with Federal agencies re13 sponsible for implementing foreign assistance 

14 programs by— 

15 (i) sharing the results of research con16 ducted pursuant to subparagraph (A); and 

17 (ii) providing recommendations and 

18 advice on how to improve the design, effec19 tiveness, efficiency, and innovation of such 

20 programs. 

21 (G) TRANSPARENCY.—The Council shall— 

22 (i) coordinate with the Secretary of 

23 State, the Administrator, and other relevant 

24 departments and agencies, to establish rec25 ommendations for a uniform set of reportmstockstill on DSKH9S0YB1PROD with BILLS

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1 ing standards and guidelines to be followed 

2 by all Federal departments and agencies to 

3 report the funding levels of the foreign as4 sistance programs for which each depart5 ment or agency is responsible; and 

6 (ii) organize the data described in 

7 paragraph (1) on its Web site in a manner 

8 that allows public access to the funding lev9 els of all foreign assistance programs funded 

10 by all Federal departments and agencies. 

11 (H) CONSULTATION.—The Director shall 

12 regularly consult with the appropriate congres13 sional committees to discuss priorities for re14 search to be conducted under subparagraph (A). 

15 (3) INDEPENDENCE.—The Council shall preserve 

16 its independence to ensure organizational autonomy, 

17 protection from external influence, and avoidance of 

18 conflicts of interest. 

19 (e) COUNCIL ON RESEARCH AND EVALUATION OF FOR20 EIGN ASSISTANCE ADVISORY BOARD.— 

21 (1) ESTABLISHMENT.—There is established a 

22 Council on Research and Evaluation of Foreign As23 sistance Advisory Board (referred to in this subsection 

24 as the ‘‘Board’’). 

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1 (2) PURPOSES.—The purposes of the Board shall 

2 be— 

3 (A) to consult with the Director regarding 

4 the existing program of work of the Council, cur5 rent evaluations that are ongoing or completed, 

6 and projected evaluations and activities to be 

7 undertaken by the Council; and 

8 (B) to serve as a forum for coordination 

9 and discussion of related matters pertaining to 

10 the Council’s operations and activities. 

11 (3) DUTIES.—The Board shall— 

12 (A) regularly consult with the Director re13 garding the activities of the Council, but may 

14 not prevent or prohibit the Director from initi15 ating, carrying out, or completing any evalua16 tion or analysis of any development, humani17 tarian, or foreign assistance program or activity; 

18 and 

19 (B) ensure coordination with the Office of 

20 Management and Budget in the Executive Office 

21 of the President. 

22 (4) MEMBERSHIP.—The Board shall consist of— 

23 (A) the Director of the Council, or designee; 

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

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1 (C) the Secretary of the Treasury, or des2 ignee; 

3 (D) the Administrator of the United States 

4 Agency for International Development, or des5 ignee; 

6 (E) the Chief Executive Officer of the Mil7 lennium Challenge Corporation, or designee; 

8 (F) the Secretary of Agriculture, or des9 ignee; 

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

11 (H) the Secretary of Health and Human 

12 Services, or designee; 

13 (I) 1 individual to be appointed by the Di14 rector; 

15 (J) 1 officer in the Senior Foreign Service 

16 for the Agency for International Development or 

17 the Department of State with experience in the 

18 implementation of assistance programs; 

19 (K) 4 individuals with relevant professional 

20 evaluation and international experience, who 

21 shall be appointed by the President, by and with 

22 the advice and consent of the Senate, of which— 

23 (i) 1 individual shall be appointed 

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1 mitted by the chairman of the Committee on 

2 Foreign Relations of the Senate; 

3 (ii) 1 individual shall be appointed 

4 from among a list of 3 individuals sub5 mitted by the ranking member of the Com6 mittee on Foreign Relations of the Senate; 

7 (iii) 1 individual shall be appointed 

8 from among a list of 3 individuals sub9 mitted by the chairman of the Committee on 

10 Foreign Affairs of the House of Representa11 tives; and 

12 (iv) 1 individual shall be appointed 

13 from among a list of 3 individuals sub14 mitted by the ranking member of the Com15 mittee on Foreign Affairs of the House of 

16 Representatives. 

17 (5) TERMS.— 

18 (A) OFFICERS OF THE FEDERAL GOVERN19 MENT.—Each member of the Board described in 

20 subparagraphs (A) through (H) of paragraph (4) 

21 shall serve for a term that is concurrent with the 

22 term of service of the individual’s position as an 

23 officer within the other Federal department or 

24 agency. 

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1 (B) OTHER MEMBERS.—Each member of 

2 the Board described in subparagraphs (I) 

3 through (K) of paragraph (4) shall be appointed 

4 for a 3-year term and may be reappointed for an 

5 additional 2-year term. 

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

7 shall be filled in the manner in which the origi8 nal appointment was made. 

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

10 shall select from among its membership a Chairperson 

11 to serve a 1-year term. 

12 (7) TECHNICAL ADVISORY GROUP.—The Director 

13 shall have the authority to form a technical advisory 

14 group to provide recommendations and advise the ex15 isting program of work of the Council. The subgroup 

16 shall consist of the 4 members of the Board described 

17 in paragraph (4)(K), and additional members as ap18 propriate. 

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

20 Board shall constitute a quorum. 

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

22 of the Chairperson but no less than annually. 

23 (10) COMPENSATION.— 

24 (A) OFFICERS OF THE FEDERAL GOVERN25 MENT.— 

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1 (i) IN GENERAL.—A member of the 

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

3 (C), (D), (E), (F), (G), or (H) of paragraph 

4 (4) may not receive additional pay, allow5 ances, or benefits by reason of the member’s 

6 service on the Board. 

7 (ii) TRAVEL EXPENSES.—Each such 

8 member of the Board shall receive travel ex9 penses, including per diem in lieu of sub10 sistence, in accordance with applicable pro11 visions under subchapter I of chapter 57 of 

12 title 5, United States Code. 

13 (B) OTHER MEMBERS.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), a member of the Board de16 scribed in paragraph (4)(F)— 

17 (I) shall be paid compensation out 

18 of funds made available for the pur19 poses of this title at the daily equiva20 lent of the highest rate payable under 

21 section 5332 of title 5, United States 

22 Code, for each day (including travel 

23 time) during which the member is en24 gaged in the actual performance of du25 ties as a member of the Board; and 

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1 (II) while away from the mem2 ber’s home or regular place of business 

3 on necessary travel in the actual per4 formance of duties as a member of the 

5 Board, shall be paid per diem, travel, 

6 and transportation expenses in the 

7 same manner as is provided under sub8 chapter I of chapter 57 of title 5, 

9 United States Code. 

10 (ii) LIMITATION.—A member of the 

11 Board may not be paid compensation under 

12 clause (i)(II) for more than 90 days in any 

13 calendar year. 

14 (f) DIRECTOR.— 

15 (1) APPOINTMENT.— 

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

17 headed by a Director, who shall be appointed by 

18 the President from among the individuals rec19 ommended under subparagraph (B) to a 4-year 

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

21 the advice and consent of the Senate. 

22 (B) SELECTION.—When a vacancy occurs 

23 in the office of Director, the chairmen and rank24 ing minority members of the Committee on For25 eign Relations of the Senate and the Committee 

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1 on Foreign Affairs of the House of Representa2 tives shall each recommend up to 3 individuals 

3 to the President for appointment to the vacant 

4 office. In considering individuals for appoint5 ment to the office of Director, the chairmen and 

6 ranking minority members shall— 

7 (i) take into account the integrity and 

8 demonstrated ability of the individuals in 

9 public administration, international devel10 opment and foreign assistance programs, 

11 monitoring and evaluation analysis, and all 

12 aspects of program and project design; and 

13 (ii) disregard the political affiliation 

14 of the individuals. 

15 (2) RESPONSIBILITIES.—The Director shall— 

16 (A) be responsible for the management of 

17 the Council; 

18 (B) exercise the powers of the Council; 

19 (C) be responsible for initiating, carrying 

20 out, and completing any evaluation or analysis 

21 of any development, humanitarian, or foreign 

22 assistance program or activity; and 

23 (D) discharge the duties of the Council. 

24 (3) RANK; COMPENSATION.—The Director 

25 shall— 

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1 (A) have the equivalent rank of Under Sec2 retary; and 

3 (B) be compensated at the rate provided for 

4 level III of the Executive Schedule under section 

5 5314 of title 5, United States Code. 

6 (4) ADDITIONAL TERM; REMOVAL.— 

7 (A) ADDITIONAL TERM.—The Director may 

8 be reappointed for not more than 1 additional 4- 

9 year term. 

10 (B) REMOVAL.—The President may remove 

11 the Director from office after submitting written 

12 notification to the Senate and the House of Rep13 resentatives that describes the underlying reasons 

14 for such removal. 

15 (5) CONFORMING AMENDMENT.—Section 5314 of 

16 title 5, United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘Director, Council on Research and Evaluation of 

19 Foreign Assistance.’’. 

20 (g) DEPUTY DIRECTORS.—The Director shall ap21 point— 

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

23 be responsible for overseeing the evaluations conducted 

24 by the Council; and 

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1 (2) a Deputy Director for Research Innovation, 

2 who shall be responsible for overseeing an integrated 

3 research and development program that will foster 

4 and promote innovative programs to improve the ef5 fectiveness of United States foreign assistance. 

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

7 Each agency head shall provide the Director with— 

8 (1) appropriate and adequate office space at cen9 tral and field office locations of such agency; 

10 (2) such equipment, office supplies, and commu11 nications facilities and services as may be necessary 

12 for the operation of such offices; and 

13 (3) necessary maintenance services for such of14 fices and the equipment and facilities located in such 

15 offices. 

16 (i) PERSONNEL MATTERS.— 

17 (1) HUMAN RESOURCES MANAGEMENT SYS18 TEM.—Notwithstanding any other provision of law, 

19 the Director may establish a human resources man20 agement system for the employees of the Council that 

21 provides for— 

22 (A) work schedule flexibility; 

23 (B) merit based hiring; 

24 (C) fair treatment without regard to polit25 ical affiliation; 

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1 (D) equal pay for equal work; 

2 (E) protection of employees against reprisal 

3 for whistle blowing; 

4 (F) a pay-for-performance evaluation sys5 tem that links individual pay to performance; 

6 (G) a streamlined process for removing 

7 underperforming employees; and 

8 (H) a maximum tenure with the Council of 

9 7 years. 

10 (2) DETAIL OF PERSONNEL.— 

11 (A) FROM FEDERAL GOVERNMENT.—Upon 

12 the request of the Director, the head of a Federal 

13 agency may detail any employee of such agency 

14 to the Council on a reimbursable basis. Any em15 ployee so detailed remains, for the purpose of 

16 preserving such employee’s allowances, privileges, 

17 rights, seniority, and other benefits, an employee 

18 of the agency from which detailed. 

19 (B) FROM OUTSIDE ORGANIZATIONS.—The 

20 Director may accept the services of personnel de21 tailed to the Council from organizations outside 

22 the Federal Government, including bilateral 

23 agencies, multilateral institutions, international 

24 organizations, think-tanks, nongovernmental ormstockstill on DSKH9S0YB1PROD with BILLS

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1 ganizations, institutions of higher education, and 

2 the private sector. 

3 (3) REEMPLOYMENT RIGHTS.— 

4 (A) IN GENERAL.—An employee of an agen5 cy who is serving under a career or career condi6 tional appointment (or the equivalent), and who, 

7 with the consent of the head of such agency, 

8 transfers to the Council, is entitled to be reem9 ployed in such employee’s former position or a 

10 position of like seniority, status, and pay in such 

11 agency, if such employee— 

12 (i) is separated from the Council for 

13 any reason, other than misconduct, neglect 

14 of duty, or malfeasance; and 

15 (ii) applies for reemployment not later 

16 than 90 days after the date of separation 

17 from the Council. 

18 (B) SPECIFIC RIGHTS.—An employee de19 scribed in subparagraph (A)— 

20 (i) is entitled to be reemployed within 

21 30 days after applying for reemployment; 

22 and 

23 (ii) once reemployed, is entitled to at 

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1 ployee would have been entitled had such 

2 employee never transferred to the Council. 

3 (4) HIRING AUTHORITY.—Not more than 5 em4 ployees of the Council may be appointed, com5 pensated, or removed without regard to the civil serv6 ice laws and regulations. 

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

8 of basic pay of employees of the Council without re9 gard to the provisions of chapter 51 of title 5, United 

10 States Code (relating to the classification of positions) 

11 or subchapter III of chapter 53 of such title (relating 

12 to General Schedule pay rates), except that no em13 ployee of the Office may receive a rate of basic pay 

14 that exceeds the rate for level IV of the Executive 

15 Schedule under section 5315 of such title. 

16 (6) PERSONNEL OUTSIDE THE UNITED

17 STATES.— 

18 (A) ASSIGNMENT TO UNITED STATES EM19 BASSIES.—Employees of the Council, including 

20 individuals detailed to or contracted by the 

21 Council, may be assigned to a United States dip22 lomatic mission or consular post or a United 

23 States Agency for International Development 

24 field mission for purposes of assignments related 

25 to activities or programs of the Council. 

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1 (B) OVERSEAS BENEFITS.—Each employee 

2 of the Council, including any individual detailed 

3 to or contracted by the Council, and the members 

4 of the family of such employee, while the em5 ployee is performing duties in any country or 

6 place outside the United States, shall be afforded 

7 the same benefits enjoyed by members of the For8 eign Service, or the family of a member of the 

9 Foreign Service, as appropriate. 

10 (C) RESPONSIBILITY OF CHIEF OF MIS11 SION.—Employees of the Council, including in12 dividuals detailed to or contracted by the Coun13 cil, and members of the families of such employ14 ees, shall be subject to section 207 of the Foreign 

15 Service Act of 1980 (22 U.S.C. 3927) in the 

16 same manner as United States Government em17 ployees while the employee is performing duties 

18 in any country or place outside the United 

19 States if such employee or member of the family 

20 of such employee is not a national of or perma21 nently resident in such country or place. 

22 (j) PUBLIC DISCLOSURE.— 

23 (1) IN GENERAL.—Not less frequently than quar24 terly, the Council shall make publicly available— 

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1 (A) the findings and conclusions of all the 

2 reports and studies completed by the Council 

3 since the most recent public disclosure; 

4 (B) information regarding funds allocated 

5 or transferred by the Council under this section; 

6 (C) the name of each United States Govern7 ment agency with management responsibility for 

8 the activities that were evaluated; and 

9 (D) a description of the program or project 

10 carried out by the agencies described in subpara11 graph (C). 

12 (2) DISSEMINATION.—The information required 

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

14 available to the public— 

15 (A) through publication in the Federal Reg16 ister; 

17 (B) on the Internet Web site of the Council; 

18 and 

19 (C) by any other methods that the Director 

20 determines to be appropriate. 

21 (k) REPORT ON PROJECTED EVALUATIONS.—Not later 

22 than December 31, 2010, and November 1 thereafter, the 

23 Director shall submit a report to the appropriate congres24 sional committees that includes a projected list of evalua25 tions for the current fiscal year. 

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1 (l) REPORT ON METHODOLOGIES AND BEST PRAC2 TICES.— 

3 (1) INITIAL REPORT.—Not later than September 

4 30, 2011, the Director shall submit a report to each 

5 Federal Agency responsible for implementing foreign 

6 assistance programs and to the appropriate congres7 sional committees that details recommended meth8 odologies and best practices for use in evaluating the 

9 effectiveness of United States Government foreign as10 sistance programs. 

11 (2) REGULAR UPDATES.—The Director shall reg12 ularly update the methodologies recommended in the 

13 report submitted under paragraph (1) to account for 

14 developments and trends in foreign assistance pro15 grams. 

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

17 after the submission of the report under paragraph 

18 (1), and biennially thereafter, the Director shall sub19 mit, to each Federal agency responsible for imple20 menting foreign assistance programs and to the ap21 propriate congressional committees, a report that con22 tains updates to its recommended methodologies and 

23 best practices for use in evaluating the effectiveness of 

24 United States Government foreign assistance pro25 grams. 

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1 (m) ANNUAL REPORT.— 

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

3 2011, and each February 15 thereafter, the Director 

4 shall submit a report to the appropriate congressional 

5 committees that includes— 

6 (A) the specific programs, projects, and ac7 tivities that were evaluated by the Council; and 

8 (B) other activities carried out by the Coun9 cil during the most recently completed fiscal 

10 year. 

11 (2) JOINT SUBMISSION.—The report described in 

12 paragraph (1) may be submitted with the budget jus13 tification materials submitted to Congress with the 

14 President’s budget under section 1105(a) of title 31, 

15 United States Code. 

16 (n) STRATEGIC PLAN.— 

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

18 shall submit a strategic plan for the activities of the 

19 Council to the appropriate congressional committees. 

20 (2) CONTENTS.—The strategic plan required 

21 under paragraph (1) shall include— 

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

23 Council; 

24 (B) the identification of the activities and 

25 programs that support— 

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1 (i) the achievement of the Council’s 

2 strategic goals; and 

3 (ii) opportunities that hold the poten4 tial for yielding significant development or 

5 foreign assistance benefits; and 

6 (C) the connection of the activities and pro7 grams of the Council to activities and missions 

8 of United States foreign assistance programs. 

9 (o) GOVERNMENT ACCOUNTABILITY OFFICE RE10 PORT.—Not later than 6 years after the date of the enact11 ment of this Act, the Comptroller General of the United 

12 States shall submit a report to the appropriate congres13 sional committees that contains— 

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

15 performance and overall effectiveness of the Council’s 

16 activities, programs and general operations; 

17 (2) an assessment of how effectively the Council 

18 has implemented its stated objectives and adhered to 

19 and accomplished the purposes and duties described 

20 in subsections (c) and (d); and 

21 (3) recommendations relating to any additional 

22 actions the Comptroller General recommends to im23 prove the Council’s performance, activities and oper24 ations. 

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1 (p) ADMINISTRATIVE AUTHORITIES OF THE COUN2 CIL.—In addition to the authority otherwise provided under 

3 this section, the Council, in carrying out the provisions of 

4 this section, is authorized— 

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

6 and employees as may be necessary for carrying out 

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

8 (2) to obtain services authorized by section 3109 

9 of title 5, United States Code, at daily rates not to 

10 exceed the equivalent rate prescribed for grade GS–18 

11 of the General Schedule under section 5332 of such 

12 title; 

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

14 be appropriated in advance— 

15 (A) to make and perform such contracts, 

16 grants, and other agreements for audits, studies, 

17 evaluations, analyses, and other services with— 

18 (i) public agencies; 

19 (ii) any private entity or person in the 

20 United States or in a candidate country; 

21 and 

22 (iii) governmental agencies of any such 

23 country that is undertaking research that 

24 supports the work of the Council, as appro25 priate; and 

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1 (B) to make such payments as may be nec2 essary for carrying out the functions of the 

3 Council; 

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

5 be judicially noticed; 

6 (5) to determine and prescribe the manner in 

7 which its obligations shall be incurred and its ex8 penses allowed and paid, including expenses for rep9 resentation; 

10 (6) to lease, purchase, or otherwise acquire, im11 prove, and use such real property wherever situated, 

12 as may be necessary for carrying out the functions of 

13 the Council; 

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

15 or of property, tangible or intangible, for the purpose 

16 of carrying out the provisions of this section, as it re17 lates to public-private partnerships; 

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

19 manner and on the same conditions as executive 

20 agencies; 

21 (9) to enter into personal services contracts with 

22 individuals, who shall not be considered Federal em23 ployees for any provision of law administered by the 

24 Office of Personnel Management; 

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

2 and 

3 (11) to have such other powers as may be nec4 essary and incident to carrying out this section. 

5 (q) OTHER AUTHORITIES.—Except to the extent in6 consistent with the provisions of this section, the adminis7 trative authorities contained in the State Department Basic 

8 Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 

10 shall apply to the implementation of this section to the same 

11 extent and in the same manner as such authorities apply 

12 to the implementation of such Acts. 

13 (r) APPLICABILITY OF THE GOVERNMENT CORPORA14 TION CONTROL ACT.— 

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

16 chapter 91 of subtitle VI of title 31, United States 

17 Code, except that the Council shall not be authorized 

18 to issue obligations or offer obligations to the public. 

19 (2) CONFORMING AMENDMENT.—Section 9101(3) 

20 of title 31, United States Code, is amended by adding 

21 at the end the following: 

22 ‘‘(S) the Council on Research and Evalua23 tion of Foreign Assistance.’’. 

24 (s) INSPECTOR GENERAL.— 

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

2 Agency for International Development— 

3 (A) shall serve as Inspector General for the 

4 Council; and 

5 (B) in acting in such capacity, may con6 duct reviews, investigations, and inspections of 

7 all aspects of the operations and activities of the 

8 Council. 

9 (2) REIMBURSEMENT.—The Council shall reim10 burse the Agency for International Development for 

11 all expenses incurred by the Inspector General in con12 nection with the Inspector General’s responsibilities 

13 under this subsection. 

14 (t) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out this section the 

16 following amounts: 

17 (1) $30,000,000 for fiscal year 2011. 

18 (2) $35,000,000 for fiscal year 2012. 

19 (3) $40,000,000 for fiscal year 2013. 

20 (4) $45,000,000 for fiscal year 2014. 

21 (5) $50,000,000 for fiscal year 2015. 

22 (6) $55,000,000 for fiscal year 2016. 

23 (u) EFFECTIVE DATE.—This section shall be effective 

24 during the 7 year period beginning on the date of the enact25 ment of this Act. 

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1 SEC. 7. COMPREHENSIVE WORKFORCE AND HUMAN RE2 SOURCES STRATEGY FOR THE UNITED 

3 STATES AGENCY FOR INTERNATIONAL DE4 VELOPMENT. 

5 (a) COMPREHENSIVE WORKFORCE AND HUMAN RE6 SOURCES STRATEGY FOR THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT.—The Administrator 

8 shall develop a comprehensive workforce and human re9 sources strategy for the Agency to support the objective of 

10 promoting development and reducing global poverty. 

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

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

13 United States Agency for International Development in 

14 support of foreign assistance and policy priorities, and 

15 shall— 

16 (1) determine long-term Agency personnel prior17 ities, including priorities over 5- and 10-year time 

18 periods; 

19 (2) identify career professional development pro20 grams for all personnel, including training, language, 

21 and education, interagency and intergovernmental ro22 tations, and assignment opportunities outside the 

23 United States Government; 

24 (3) include an assessment of future development 

25 and foreign policy priorities and the implications of 

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1 cluding how to meet future unanticipated demands 

2 brought about by manmade and natural disasters; 

3 (4) include an overseas facilities and security as4 sessment examining the implications of such facilities 

5 and security for personnel increases; 

6 (5) include the appropriateness of regional plat7 forms to perform necessary Agency functions and to 

8 provide services to other donors and organizations; 

9 (6) consider structural reform options to profes10 sionalize the human resource capacity of the Agency, 

11 including options to outsource the entirety of the 

12 human resource capacity of the Agency; and 

13 (7) address the means to enable the Agency to ac14 cess cutting-edge technical and managerial expertise. 

15 (c) FACTORS TO CONSIDER.—In developing the strat16 egy required under subsection (a), the Administrator shall, 

17 among other things— 

18 (1) examine the objectives the Agency is man19 dated to fulfill, and assess whether its current work20 force model effectively supports the goals of the Agen21 cy; 

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

23 identify the additional program demands that have 

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

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1 (3) examine different personnel and workforce 

2 management models from other United States Govern3 ment agencies, international organizations, and the 

4 private sector and determine the comparative advan5 tages the models might offer and whether they would 

6 allow the Agency to better structure its workforce to 

7 carry out its responsibilities and meet the challenges 

8 of a changing environment; 

9 (4) examine different bureaucratic and legisla10 tive constraints facing the Agency in implementing a 

11 comprehensive workforce planning and management 

12 system and how these constraints can be addressed, 

13 including— 

14 (A) which limitations, if any, currently 

15 exist that prevent the Agency from hiring the 

16 right people for the right positions in a timely 

17 manner, including mid-level hires and reentry of 

18 mid-level professionals into the Agency; and 

19 (B) how this compares with other organiza20 tions, such as the Department of State and the 

21 Millennium Challenge Corporation (MCC), and 

22 how the Agency compares to the Department of 

23 State and the MCC in its ability to attract and 

24 retain high caliber professionals; 

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1 (5) examine the advantages and disadvantages of 

2 the Agency’s use of contractors in the last 10 years to 

3 carry out its core mission and management respon4 sibilities, including through an evaluation of the cost, 

5 efficiency, and availability of qualified personnel and 

6 the effect of such use of contractors on expertise with7 in the Federal Government; 

8 (6) assess the scope and effectiveness of training, 

9 including the availability of language training, for 

10 Agency personnel, and the extent to which available 

11 trainings support carrying out Agency objectives; and 

12 (7) present a cost analysis for using a con13 tracting model versus a direct hire model and deter14 mine the cost savings and consequences that could re15 sult from the elimination of institutional contractors 

16 and the hiring of the same professionals as personal 

17 services contractors. 

18 (d) WORKFORCE AND HUMAN RESOURCES TASK

19 FORCE.— 

20 (1) IN GENERAL.—The Administrator shall es21 tablish a workforce and human resources task force 

22 that will participate in the development of the work23 force and human resources strategy required under 

24 subsection (b) and will consult with, and provide in25 formation and advice to, senior management of the 

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1 Agency on matters and issues related to workforce 

2 planning, human resource recruitment and training, 

3 and other personnel issues as the Agency develops and 

4 implements the workforce and human resources strat5 egy. 

6 (2) COMPOSITION.—The task force shall be com7 posed of 9 members as follows: 

8 (A) Four senior career professionals of the 

9 Agency from different personnel backgrounds, at 

10 least 2 of whom shall be from Foreign Service, 

11 appointed by the Administrator. 

12 (B) One senior official from the Department 

13 of State appointed by the Secretary. 

14 (C) One senior official from the Office of 

15 Personnel Management appointed by the Direc16 tor of the Office of Personnel Management. 

17 (D) Three professionals outside the United 

18 States Government noted for their knowledge and 

19 experience in personnel and human resource 

20 issues, appointed by the Administrator in con21 sultation with the Senate. 

22 (3) DEADLINE FOR APPOINTMENTS.—All mem23 bers of the task force shall be designated not later than 

24 60 days after the date of the enactment of this Act. 

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1 (4) TERMINATION.—The task force shall termi2 nate 2 years after the enactment of this Act. 

3 (e) REPORTS.— 

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

5 after the date of the enactment of this Act, the Admin6 istrator shall submit to the appropriate congressional 

7 committees the strategy required under subsection (a). 

8 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE9 PORT.—Not later than 1 year after the submission of 

10 the initial strategy under paragraph (1), the Comp11 troller General of the United States shall submit to 

12 the appropriate congressional committees a report 

13 that contains— 

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

15 the strategy submitted under paragraph (1); and 

16 (B) recommendations relating to any addi17 tional actions the Comptroller General rec18 ommends to improve the strategy. 

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

20 years after the submission of the initial strategy 

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

22 until 2021, the Administrator shall transmit to the 

23 appropriate congressional committees an updated 

24 strategy— 

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1 (A) assessing progress made during the pre2 ceding 2 years toward implementing the strategy 

3 required under this section and meeting the spe4 cific goals, benchmarks, and time frames speci5 fied in the strategy required under subsection 

6 (a); 

7 (B) identifying legal or other impediments 

8 to achieving those objectives and recommenda9 tions for addressing those impediments; and 

10 (C) describing modifications to the strategy 

11 based upon the Agency’s experience during the 

12 previous 2 years and any revisions to the policy, 

13 program, financial or other assumptions that 

14 were the basis for the current strategy. 

15 (f) OUTSIDE ASSISTANCE.—To assist in the develop16 ment and formulation of the workforce and human re17 sources strategy, the Administrator shall contract with an 

18 independent organization— 

19 (1) to help the Agency assess current human re20 source capacity; 

21 (2) to review how its human resource capacity 

22 matches up against Agency mandates and policy pri23 orities; 

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1 (3) to compare the Agency’s current human re2 source system and practices with best practices of 

3 other organizations, public and private; 

4 (4) to provide a set of recommendations to facili5 tate structural reform to the Agency’s human re6 sources bureau; and 

7 (5) to assist with other issues related to sup8 porting the development of the workforce and human 

9 resources strategy. 

10 (g) AVAILABILITY OF FUNDS.—Amounts made avail11 able to carry out section 667 of the Foreign Assistance Act 

12 of 1961 (22 U.S.C. 2427) shall be made available to carry 

13 out subsection (f). 

14 SEC. 8. PERSONNEL AND HUMAN RESOURCES. 

15 (a) INTERAGENCY AND INTERNATIONAL ORGANIZATION

16 ROTATIONS.—Chapter 2 of part III of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by 

18 inserting after section 630 the following: 

19 ‘‘SEC. 630A. INTERAGENCY AND INTERNATIONAL ORGANI20 ZATION ROTATIONS. 

21 ‘‘(a) CAREER GUIDELINES.—The Administrator shall 

22 establish career guidelines for Foreign Service officers and 

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1 ments. The guidelines established under this subsection shall 

2 include— 

3 ‘‘(1) selection; 

4 ‘‘(2) professional education and training; 

5 ‘‘(3) types of relevant interagency, intergovern6 mental, and international organization assignments; 

7 and 

8 ‘‘(4) such other matters as the Administrator 

9 considers appropriate. 

10 ‘‘(b) PROMOTIONS TO SENIOR RANKS.—Not later than 

11 2 years after the date of the enactment of this Act, the Ad12 ministrator shall establish additional guidelines that con13 sider participation by relevant officers in at least 1 inter14 agency, intergovernmental, or international organizational 

15 rotational assignment of at least 6 months as a factor for 

16 promotion into the ranks of the Senior Foreign Service or 

17 Senior Executive Service. 

18 ‘‘(c) PROMOTION POLICY OBJECTIVES FOR ASSIGN19 MENTS TO INTERAGENCY, INTERGOVERNMENTAL, AND

20 INTERNATIONAL ORGANIZATIONS.— 

21 ‘‘(1) QUALIFICATIONS.—The Administrator shall 

22 ensure that promotion precepts and promotion panels 

23 do not penalize officers who have been assigned to 

24 interagency, intergovernmental or international orga25 nizations. 

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1 ‘‘(2) REPORT.—The Administrator shall provide 

2 an annual report to the appropriate congressional 

3 committees that— 

4 ‘‘(A) specifies the aggregate number of offi5 cers and the promotion rates of officers who are 

6 serving in, or have served in, interagency, inter7 governmental, or international organization ro8 tational assignments; and 

9 ‘‘(B) details efforts to meet the objectives de10 scribed in subsection (a).’’. 

11 (b) EXTERNAL TRAINING, LANGUAGE TRAINING, AND

12 EDUCATIONAL OPPORTUNITIES.— 

13 (1) FINDINGS.—It is the sense of Congress that— 

14 (A) the Administrator of the United States 

15 Agency for International Development should 

16 augment and expand external training, language 

17 training, and educational opportunities for For18 eign Service and Civil Service personnel and ex19 pand opportunities for work assignments to enti20 ties outside the United States Government; 

21 (B) a strong development agency should 

22 have a knowledgeable and capable workforce that 

23 is familiar with and has access to cutting edge 

24 development practices, methodologies, ideas, work 

25 experience, and programs; 

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1 (C) the Administrator of the United States 

2 Agency for International Development should en3 sure that personnel of the Agency have opportu4 nities during their careers to obtain a range of 

5 knowledge-building work experiences and ad6 vanced education and training in academic and 

7 other relevant institutions in the United States 

8 and abroad to increase the capacity of the Agen9 cy to fulfill its mission; and 

10 (D) it is imperative that United States 

11 Agency for International Development Foreign 

12 Service Officers receive adequate and appro13 priate language training before assignments to 

14 overseas posts, especially to critical priority 

15 posts, and that such language training should be 

16 equivalent to the language training provided to 

17 Department of State Foreign Service Officers. 

18 (2) INTERAGENCY AND INTERNATIONAL ORGANI19 ZATION ROTATIONS.—Chapter 2 of part III of the 

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

21 seq.), as amended by subsection (a), is further amend22 ed by inserting after section 630A the following: 

23 ‘‘SEC. 630B. EXTERNAL TRAINING, LANGUAGE TRAINING, 

24 AND EDUCATIONAL OPPORTUNITIES. 

25 ‘‘(a) LANGUAGE TRAINING.— 

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1 ‘‘(1) FOREIGN SERVICE OFFICERS.—The Admin2 istrator of the United States Agency for International 

3 Development shall establish procedures to ensure that 

4 appropriate language training for Foreign Service 

5 Officers of the Agency is provided before transferring 

6 such officers to overseas posts. Foreign Service Offi7 cers assigned to critical priority posts should receive 

8 the highest priority for training. 

9 ‘‘(2) CONTRACTORS.—The Administrator shall 

10 ensure that all new personal services contractors and 

11 new institutional contractors possess appropriate lan12 guage skills commensurate to their contractual re13 sponsibilities. 

14 ‘‘(b) PLAN.—Not later than 90 days after the date of 

15 the enactment of this section, the Administrator shall sub16 mit a 2-year plan to implement the requirements under 

17 subsection (a). 

18 ‘‘(c) AVAILABILITY OF FUNDS.—Amounts made avail19 able to carry out part I and section 667 of the Foreign As20 sistance Act of 1961 (22 U.S.C. 2427) shall be made avail21 able to carry out subsection (a).’’. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 the enactment of this Act, the Administrator of the United 

24 States Agency for International Development shall submit 

25 a report to the appropriate congressional committees that 

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1 describes the Agency’s efforts to facilitate and promote exter2 nal training, language training, and educational opportu3 nities for Foreign Service and Civil Service personnel, in4 cluding— 

5 (1) a description of the internal process of secur6 ing such opportunities and the number of officers who 

7 have undertaken such external training during the 

8 most recent year; and 

9 (2) a description of actions the Administrator 

10 has taken or plans to take to further expand and fa11 cilitate external training, language training, and 

12 educational opportunities. 

13 SEC. 9. STRENGTHENING DEVELOPMENT COORDINATION 

14 IN THE FIELD. 

15 (a) IN GENERAL.—Section 631(d) of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2391) is amended to read 

17 as follows: 

18 ‘‘(d) COORDINATION OF DEVELOPMENT ASSISTANCE

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

20 United States diplomatic mission, the chief of each special 

21 mission carrying out the purposes of part I in a country 

22 shall be responsible for the coordination of all development 

23 and humanitarian efforts of the United States Government 

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1 ment and humanitarian activities from funds made avail2 able to carry out the provisions of this or any other Act.’’. 

3 (b) SENSE OF CONGRESS ON MODERNIZING USAID 

4 MISSIONS FOR THE 21ST CENTURY.—It is the sense of Con5 gress that— 

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

7 International Development (USAID) and foreign as8 sistance continues to evolve to meet emerging chal9 lenges, new priorities, changing circumstances, and 

10 augmented roles and responsibilities; 

11 (2) the environment in which our foreign assist12 ance and development agencies operate is dramati13 cally different than the Cold War environment in 

14 which they were created; 

15 (3) despite the new and changing of USAID cir16 cumstances, the United States Government has not 

17 significantly updated the basic USAID mission struc18 ture since it was first established in 1961; and 

19 (4) to reflect evolving threats, opportunities and 

20 challenges in the 21st century, USAID should under21 take a comprehensive examination of the mission 

22 structure, with special attention to staffing, authori23 ties, the balance between Washington, District of Co24 lumbia, and the field, and management best practices. 

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

2 of the enactment of this Act, the Administrator of the 

3 United States Agency for International Development shall 

4 submit to the appropriate congressional committees a report 

5 on modernizing USAID missions for the 21st century, in6 cluding— 

7 (1) whether missions are staffed and well suited 

8 for current and emerging roles and responsibilities; 

9 (2) whether the management and organizational 

10 structure provide the required flexibility while pro11 viding effective oversight of programs; 

12 (3) whether the level of centralized versus decen13 tralized decisionmaking is appropriate for the current 

14 and emerging context in which the mission is work15 ing; 

16 (4) whether there is sufficient flexibility in terms 

17 of personnel to address fluctuations in funding for 

18 programs, and if not, what type of flexibility would 

19 be helpful; 

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

21 lessons from prior projects are being systematically 

22 incorporated into new program design; 

23 (6) whether missions of USAID are appro24 priately focused on bilateral and multilateral donor 

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1 coordination and whether this is a priority for 

2 USAID personnel; 

3 (7) what the appropriate relationship and bal4 ance are between USAID missions and the broader 

5 United States mission in a country; 

6 (8) how effectively USAID is able to coordinate 

7 with the Department of Defense, especially as the De8 partment of Defense implements an increasing num9 ber of development and humanitarian programs; 

10 (9) whether the existing structure of the United 

11 States foreign assistance system allows for proper co12 ordination between different Federal departments and 

13 agencies implementing foreign assistance and develop14 ment programs to avoid duplication of effort; and 

15 (10) what obstacles exist to more effective coordi16 nation, including what structural or organizational 

17 improvements would assist with more effective coordi18 nation. 

19 SEC. 10. TRANSPARENCY OF UNITED STATES FOREIGN AS20 SISTANCE. 

21 (a) SENSE OF CONGRESS ON TRANSPARENCY OF AS22 SISTANCE.—It is the sense of Congress that— 

23 (1) United States citizens and recipients of 

24 United States foreign assistance should, to the maxmstockstill on DSKH9S0YB1PROD with BILLS

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1 imum extent practicable, have full access to informa2 tion on United States foreign assistance; and 

3 (2) to the extent possible, United States Govern4 ment agencies, departments, and institutions should 

5 undertake preparatory consultations with relevant 

6 outside stakeholders in a transparent and full manner 

7 in the course of formulating policies and strategies re8 lated to foreign assistance and development. 

9 (b) PUBLIC AVAILABILITY OF INFORMATION.— 

10 (1) IN GENERAL.—The President shall direct all 

11 Federal departments and agencies to make publicly 

12 available on their Web sites comprehensive, timely, 

13 comparable, and accessible information on United 

14 States foreign assistance. The information shall be 

15 presented on a detailed program-by-program basis 

16 and country-by-country basis. 

17 (2) CONTENT.—To ensure transparency, account18 ability, and effectiveness of United States foreign as19 sistance, the information on United States foreign as20 sistance published and made available under para21 graph (1) shall include annual budget presentations 

22 and justifications of any programs or projects that 

23 provide foreign assistance by any Federal department 

24 or agency. In the event that detailed information is 

25 classified, an unclassified summary shall be posted 

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1 and the classified details shall be submitted separately 

2 to the appropriate congressional committees. 

3 (3) TIMELY AVAILABILITY OF INFORMATION.— 

4 The President shall direct the head of each Federal de5 partment and agency providing United States foreign 

6 assistance to ensure that the information required 

7 under this subsection is made available on no less 

8 than an annual basis at the time the President’s an9 nual budget is released. Data that is of a provisional 

10 nature shall be updated when actual figures are avail11 able. 

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

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

14 impact of United States foreign assistance in relation to 

15 funding provided by other donor nations and recipient 

16 countries, the President should fully engage with and par17 ticipate in the International Aid Transparency Initiative, 

18 established on September 4, 2008, at the Accra High Level 

19 Forum on Aid Effectiveness. 

20 (d) FINANCIAL DISCLOSURE.— 

21 (1) IN GENERAL.—Any organization or business 

22 that receives more than 50 percent of its funding from 

23 the United States Government under the Foreign As24 sistance Act of 1961 (22 U.S.C. 2151 et seq.) shall 

25 submit a report to the United States Agency for 

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1 International Development that contains the names 

2 and all forms of compensation paid by the organiza3 tion or business to the 5 most highly compensated em4 ployees of the organization or business. 

5 (2) PUBLIC DISCLOSURE.—The Administrator of 

6 the United States Agency for International Develop7 ment (USAID) shall make the reports submitted 

8 under paragraph (1) publicly accessible on the 

9 USAID Web site. 

10 SEC. 11. OPERATING EXPENSES. 

11 (a) FINDINGS.—Congress makes the following findings: 

12 (1) The separate account created by Congress in 

13 1976 to authorize and appropriate funds for all oper14 ating expenses of the United States Agency for Inter15 national Development has been an important tool to 

16 ensure transparency of administrative costs and ac17 countability of funds. 

18 (2) Funding for the operating expenses of the 

19 Agency has not kept pace with the growth of the 

20 Agency’s program funding and the expanded geo21 graphic and sectoral demands for economic assistance 

22 abroad. 

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

24 certain cases to fund selected administrative costs out 

25 of program funds in order to properly administer, 

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1 oversee, and implement its programs and activities, 

2 thus detracting from the goals of increased trans3 parency and accountability that establishment of the 

4 separate operating expenses account was intended to 

5 foster. 

6 (4) A 2003 Government Accountability Office re7 port on the operating expenses of the Agency noted 

8 that ‘‘USAID’s operating expense account does not 

9 fully reflect the agency’s cost of doing business pri10 marily because the agency pays for some administra11 tive activities done by contractors and other non12 direct-hire staff with program funds’’ and that ‘‘Con13 gress has increasingly encouraged the Agency to use 

14 program funds to support certain administrative 

15 costs’’. 

16 (5) The December 2007 HELP Commission Re17 port on Foreign Assistance Reform— 

18 (A) states, ‘‘Over time, the effectiveness of a 

19 separate OE budget has eroded. During the past 

20 30 years, Congress and the Executive branch 

21 have allowed program funds to be used to pay 

22 for the costs of activities once funded from the 

23 OE account while cutting the OE budget.’’; 

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1 (B) recommends ‘‘[a]bolish[ing] the OE ac2 count and replac[ing] it with a more accurate 

3 accounting process,’’; 

4 (C) argues that ‘‘the USAID OE account no 

5 longer serves a useful purpose’’; and 

6 (D) states, ‘‘While it might have been con7 structive in bringing clarity to the cost of doing 

8 business in the 1970s, another system should be 

9 developed that calculates true administrative and 

10 management expenses, including those now fund11 ed with program or project funds. This new sys12 tem needs to allow administrative expenses to be 

13 properly managed and monitored and needs to 

14 ensure that Congress receives clear, timely and 

15 transparent information regarding these expend16 itures.’’. 

17 (6) While Congress concurs with the HELP 

18 Commission’s recommendation that a major reassess19 ment of the scope and the continued utility of the op20 erating expenses account structure is in order, Con21 gress also believes that the urgency of the issues con22 fronting Agency management in terms of hiring tech23 nical expertise and providing the Agency with the ca24 pacity to oversee and administer critical foreign as25 sistance programs and functions, justifies providing 

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1 the Agency with broader discretion on ways to sup2 port direct-hire staffing requirements. 

3 (b) GUIDELINES FOR PROGRAM FUNDS.— 

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

5 except as otherwise authorized by law, program funds 

6 may be used for— 

7 (A) travel expenses of all employees who are 

8 members of the Foreign Service or civil service; 

9 (B) salaries and related expenses of employ10 ees other than Foreign Service or civil service 

11 employees who are United States citizens; and 

12 (C) costs associated with research and pol13 icy analysis in support of programs (other than 

14 for salaries and benefits of employees or costs as15 sociated with contractors), including analysis for 

16 development assistance policy planning and for 

17 the design, monitoring, and evaluation of pro18 grams and activities. 

19 (2) NOTIFICATION.—The Administrator shall— 

20 (A) submit a written report to the appro21 priate congressional committees detailing the 

22 Agency’s plan for managing and accounting for 

23 the funds used in accordance with the authority 

24 provided by paragraph (1) not later than 60 

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1 days after the date of the enactment of this Act; 

2 and 

3 (B) consult with the appropriate congres4 sional committees about the use and manage5 ment of such funds not later than 60 days after 

6 the date of the enactment of this Act. 

7 (c) SEMIANNUAL REPORT.—Not later than once every 

8 6 months until 2013, the Administrator shall submit a re9 port to the appropriate congressional committees that de10 tails the purpose and amount of funds obligated under the 

11 authority provided pursuant to subsection (b), categorized 

12 by bureau and activity. 

13 (d) REPORT ON RECOMMENDATIONS FOR OPERATING

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

15 of the enactment of this Act, the Administrator, in coordi16 nation with the workforce and human resources task force 

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

18 to the appropriate congressional committees that con19 tains— 

20 (1) recommendations and detailed justifications 

21 for streamlining and improving the efficiency of how 

22 the Agency uses operating expenses, including rec23 ommendations for alternative models and approaches; 

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1 (2) recommendations and detailed justifications 

2 for increasing the transparency of Agency operating 

3 expenses; 

4 (3) an assessment of how the operating expenses 

5 account has affected Agency performance in support 

6 of program goals and objectives; and 

7 (4) an assessment of how the operating expenses 

8 account has affected human resources and personnel 

9 of the Agency, including a discussion of the prolifera10 tion of new hiring authorities and increased reliance 

11 on contractors to handle the core business of the Agen12 cy. 

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Calendar No. 268 

111TH CONGRESS 

2D SESSION S. 1524 

[Report No. 111–122] 

A BILL 

To strengthen the capacity, transparency, and acposes. challenges of the 21st century, and for other pur- programs to effectively adapt and respond to new countability of United States foreign assistance 

FEBRUARY 2, 2010 

Reported with an amendment 

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