590 
SEC. 7109. GENERAL PROVISIONS AND POWERS. 
(a) PRINCIPAL OFFICE AND RESIDENCE.—The Cor-
poration shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in 
civil actions, to be resident thereof. 
(b) CONTINUATION
OF STATUS.—Notwithstanding 
section 11201(1), section 239(c) of the Foreign Assistance 
Act of 1961 shall not be repealed and shall remain in ef-
fect as on the day before the date of the enactment of 
this Act. 
(c) GENERAL AUTHORITIES.—To carry out the pur-
poses of this subtitle, the Corporation may— 
(1) adopt and use a corporate seal, which shall 
be judicially noticed; 
(2) sue and be sued in its corporate name; 
(3) adopt, amend, and repeal bylaws governing 
the conduct of its business and the performance of 
the powers and duties granted to or imposed upon 
it by law; 
(4) acquire, hold, or dispose of, upon such 
terms and conditions as the Corporation may deter-
mine, any property, real, personal, or mixed, tan-
gible or intangible, or any interest therein; 
(5) invest funds derived from fees and other 
revenues in obligations of the United States and use 
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591 
the proceeds therefrom, including earnings and prof-
its, as it considers appropriate; 
(6) indemnify directors, officers, employees, and 
agents of the Corporation for liabilities and expenses 
incurred in connection with their Corporation activi-
ties; 
(7) require bonds of officers, employees, and 
agents and pay the premiums therefor; 
(8) notwithstanding any other provision of law, 
represent itself or contract for representation in all 
legal and arbitral proceedings; 
(9) enter into limited-term contracts with na-
tionals of the United States for personal services to 
carry out activities in the United States and abroad 
under subsections (d) and (e) of section 7105; 
(10) purchase, discount, rediscount, sell, and 
negotiate, with or without its endorsement or guar-
anty, and guarantee notes, participation certificates, 
and other evidence of indebtedness (except that the 
Corporation may not issue its own securities, except 
participation certificates for the purpose of carrying 
out section 7101(b)(2)(C) or participation certifi-
cates as evidence of indebtedness held by the Cor-
poration in connection with settlement of claims 
under section 7108(i)); 
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592 
(11) make and carry out such contracts and 
agreements as are necessary and advisable in the 
conduct of its business; 
(12) exercise the priority of the United States 
Government in collecting debts from bankrupt, insol-
vent, or decedents’ estates; 
(13) determine the character of and the neces-
sity for its obligations and expenditures, and the 
manner in which they shall be incurred, allowed, and 
paid, subject to provisions of law specifically applica-
ble to Government corporations; 
(14) collect or compromise any obligations as-
signed to or held by the Corporation, including any 
legal or equitable rights accruing to the Corporation; 
and 
(15) take such actions as may be necessary or 
appropriate to carry out its powers. 
(d) DEVELOPMENT IMPACT PROFILES.—In order to 
carry out the purpose set forth in section 7101, the Cor-
poration shall prepare and maintain for each investment 
project it insures, finances, or reinsures, a development 
impact profile consisting of data appropriate to measure 
the projected and actual effects of such project on develop-
ment. Criteria for evaluating projects shall be developed 
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593 
in consultation with the United States Agency for Inter-
national Development. 
(e) HUMAN RIGHTS.—The Corporation shall take 
into account in the conduct of its programs in a country, 
in consultation with the Secretary of State, all available 
information about observance of and respect for human 
rights and fundamental freedoms in such country and the 
effect the operation of such programs will have on human 
rights and fundamental freedoms in such country. 
(f) TAXATION.—The Corporation, including its fran-
chise, capital, reserves, surplus, advances, intangible prop-
erty, and income, shall be exempt from all taxation at any 
time imposed by the United States, by any territory, de-
pendency, or possession of the United States, or by any 
State, the District of Columbia, or any county, munici-
pality, or local taxing authority. 
(g) PUBLICATION
OF POLICY GUIDELINES.—The 
Corporation shall publish, and make available to appli-
cants for insurance, reinsurance, guaranties, financing, or 
other assistance made available by the Corporation under 
this subtitle, the policy guidelines of the Corporation relat-
ing to its programs. 
SEC. 7110. REPORTS TO THE CONGRESS. 
(a) ANNUAL REPORT.—Not later than 3 months 
after the end of each fiscal year, the Corporation shall sub-
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594 
mit to the Congress a complete and detailed report of its 
operations during such fiscal year. Such report shall in-
clude— 
(1) an assessment, based upon the development 
impact profiles required by section 7109(d), of the 
economic and social development impact and benefits 
of the projects with respect to which such profiles 
are prepared, and of the extent to which the oper-
ations of the Corporation complement or are com-
patible with the development assistance programs of 
the United States and other donors; and 
(2) a description of any project for which the 
Corporation— 
(A) refused to provide any insurance, rein-
surance, guaranty, financing, or other financial 
support, on account of information received 
under section 7109(e); or 
(B) notwithstanding such violations, pro-
vided such insurance, reinsurance, guaranty, fi-
nancing, or financial support, on the basis of a 
determination that the national security interest 
so requires. 
(b) PROJECTIONS ON U.S. EMPLOYMENT.— 
(1) IN ANNUAL REPORTS.—Each annual report 
required by subsection (a) shall contain projections 
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595 
of the effects on employment in the United States 
of all projects for which, during the preceding fiscal 
year, the Corporation initially issued any insurance, 
reinsurance, or guaranty or made any direct loan. 
Each such report shall include projections of— 
(A) the amount of United States exports to 
be generated by those projects, both during the 
startup phase and over a period of years; 
(B) the final destination of the products to 
be produced as a result of those projects; and 
(C) the impact such production will have 
on the production of similar products in the 
United States with regard to both domestic 
sales and exports. 
(2) ANALYSIS OF EACH PROJECT REQUIRED.— 
The projections required by this subsection shall be 
based on an analysis of each of the projects de-
scribed in paragraph (1). 
(3) INFORMATION TO BE INCLUDED.— 
(A) IN GENERAL.—In reporting the projec-
tions on employment required by this sub-
section, the Corporation shall specify, with re-
spect to each project— 
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(i) any loss of jobs in the United 
States caused by the project, whether or 
not the project itself creates other jobs; 
(ii) any jobs created by the project; 
and 
(iii) the country in which the project 
is located, and the economic sector involved 
in the project. 
(B) PROTECTION OF PROPRIETARY INFOR-
MATION.—No proprietary information may be 
disclosed under subparagraph (A). 
(c) RECORDS TO BE MAINTAINED
BY CORPORA-
TION.—The Corporation shall maintain as part of its 
records a copy of the analysis done of each project in pre-
paring the reports required by subsection (b). 
(d) PROTECTION
OF
CONFIDENTIAL
INFORMA-
TION.—Subsection (b) does not require the inclusion in 
any report submitted pursuant to that subsection of any 
information that would not be required to be made avail-
able to the public pursuant to section 552 of title 5, 
United States Code (relating to freedom of information). 
SEC. 7111. DEFINITIONS. 
In this subtitle: 
(1) ELIGIBLE
INVESTOR.—The term ‘‘eligible 
investor’’ means— 
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597 
(A) a United States citizen; and 
(B) a corporation, partnership, or other as-
sociation, including a nonprofit association, that 
is created under the laws of the United States, 
any State or territory thereof, or the District of 
Columbia. 
(2) EXPROPRIATION.—The term ‘‘expropria-
tion’’ includes any abrogation, repudiation, or im-
pairment by a foreign government, a political sub-
division of a foreign government, or a corporation 
owned or controlled by a foreign government, of its 
own contract with an investor with respect to a 
project, if such abrogation, repudiation, or impair-
ment is not caused by the investor’s own fault or 
misconduct, and materially adversely affects the con-
tinued operation of the project. 
(3) INVESTMENT.—The term ‘‘investment’’ in-
cludes any contribution or commitment of funds, 
commodities, services, patents, processes, or tech-
niques, in the form of— 
(A) a loan or loans to an approved project; 
(B) the purchase of a share of ownership 
in any such project; 
(C) participation in royalties, earnings, or 
profits of any such project; and 
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598 
(D) the furnishing of commodities or serv-
ices pursuant to a lease or other contract. 
(4) LOCAL FINANCIAL INSTITUTION.—The term 
‘‘local financial institution’’— 
(A) means any bank or financial institu-
tion that is organized under the laws of any 
country or area in which the Corporation oper-
ates; but 
(B) does not include a branch, however or-
ganized, of a bank or other financial institution 
that is organized under the laws of a country 
in which the Corporation does not operate. 
(5) NONCREDIT ACCOUNT REVOLVING FUND.— 
The term ‘‘noncredit account revolving fund’’ means 
the noncredit account revolving fund established 
under section 7106(b). 
(6) NONCREDIT ACTIVITIES.—The term ‘‘non-
credit activities’’ means all activities of the Corpora-
tion other than its loan guaranty program under 
section 7105(b) and its direct loan program under 
section 7105(c). 
(7) PREDECESSOR
GUARANTY
AUTHORITY.— 
The term ‘‘predecessor guaranty authority’’ means 
prior guaranty authorities (other than housing guar-
anty authorities) repealed by the Foreign Assistance 
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599 
Act of 1969, section 202(b) and 413(b) of the Mu-
tual Security Act of 1954, section 111(b)(3) of the 
Economic Cooperation Act of 1948 (exclusive of au-
thority relating to informational media guaranties), 
and authorities of the Corporation under title IV of 
chapter 2 of part I of the Foreign Assistance Act of 
1961. 
(8) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or national; 
and 
(B) any other entity that qualifies as an el-
igible investor. 
Subtitle B—United States Trade 
and Development Agency 
SEC. 7201. UNITED STATES TRADE AND DEVELOPMENT 
AGENCY. 
(a) PURPOSE.—The United States Trade and Devel-
opment Agency (in this subtitle referred to as the ‘‘Agen-
cy’’) shall be an agency of the United States under the 
policy guidance of the Secretary of State and the Inter-
agency Policy Committee on Global Development. The pri-
mary purpose of the Agency is to facilitate United States 
private sector participation in development projects in de-
veloping countries, consistent with Country Development 
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600 
Cooperation Strategies prepared under section 1018. The 
Agency may also utilize its authorities and programs in 
other countries in furtherance of United States foreign 
policy and economic interests. 
(b) AUTHORITY TO PROVIDE ASSISTANCE.— 
(1) AUTHORITY.—The Director of the Agency 
may, under the direction of the Secretary of State 
and the Interagency Policy Committee on Global De-
velopment, carry out this subtitle by providing funds 
for technical assistance, feasibility studies, architec-
tural and engineering design, and other activities re-
lated to the goals of the United States to attract and 
retain private sector investment in countries that are 
receiving United States development assistance 
under this Act and to promote exports of United 
States-origin goods and services. 
(2) USE OF FUNDS.—Funds under this section 
may be used to provide support for feasibility studies 
for the planning, development, and management of, 
and procurement for, bilateral and multilateral de-
velopment projects, including training activities un-
dertaken in connection with a project, for the pur-
pose of promoting the use of United States-origin 
goods and services in such projects. Funds under 
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601 
this section may also be used for architectural and 
engineering design, including— 
(A) concept design, which establishes the 
basic technical and operational criteria for a 
project, such as architectural drawings for a 
proposed facility, evaluation of site constraints, 
procurement requirements, and equipment spec-
ifications; 
(B) detail design, which sets forth specific 
dimensions and criteria for structural, mechan-
ical, electrical, and architectural operations, and 
identifies other resources required for project 
operations; and 
(C) technical assistance to facilitate the at-
traction and retention of private sector invest-
ment to sustain economic development. 
(3) INFORMATION DISSEMINATION.— 
(A) BY THE AGENCY.—The Agency shall 
disseminate information about its project activi-
ties to the private sector. 
(B) COOPERATION OF OTHER AGENCIES.— 
Other Federal agencies shall cooperate with the 
Agency in order for the Agency to provide more 
effectively informational services to persons in 
the private sector concerning trade development 
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602 
and export promotion related to development 
projects. 
(4) CONTRIBUTIONS
TO
COSTS.—The Agency 
shall, to the maximum extent practicable, require 
corporations and other entities to— 
(A) share the costs of technical assistance, 
feasibility studies, and other project planning 
services funded under this section; and 
(B) reimburse the Agency for those funds 
provided under this section, if the corporation 
or entity concerned succeeds in implementing 
the project. 
(c) DIRECTOR AND PERSONNEL.— 
(1) DIRECTOR.—There shall be at the head of 
the Agency a Director who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
(2) OFFICERS AND EMPLOYEES.— 
(A) IN GENERAL.—The Director may ap-
point such officers and employees of the Agency 
as the Director considers appropriate. 
(B) FUNCTIONS.—The officers and em-
ployees appointed under this paragraph shall 
have such functions as the Director may deter-
mine. 
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603 
(C) INAPPLICABILITY
OF
CIVIL
SERVICE 
LAWS.—Of the officers and employees ap-
pointed under this paragraph, 2 may be ap-
pointed without regard to the provisions of title 
5, United States Code, governing appointments 
in the competitive service, and may be com-
pensated without regard to the provisions of 
chapter 51 or subchapter III of chapter 53 of 
such title. 
(D) REINSTATEMENT
OF
CERTAIN
EM-
PLOYEES.—Under such regulations as the 
President may prescribe, any individual ap-
pointed under subparagraph (C) may be enti-
tled, upon removal (except for cause) from the 
position to which the appointment was made, to 
reinstatement to the position occupied by that 
individual at the time of appointment or to a 
position of comparable grade and pay. 
(d) ANNUAL REPORT.—The President shall, not later 
than December 31 of each year, submit to the appropriate 
congressional committees a report on the activities of the 
Agency during the preceding fiscal year. 
(e) AUDITS.— 
(1) IN GENERAL.—The Agency shall be subject 
to the provisions of chapter 35 of title 31, United 
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604 
States Code, except as otherwise provided in this 
section. 
(2) INDEPENDENT
AUDIT.—An independent 
certified public accountant shall perform a financial 
and compliance audit of the financial statements of 
the Agency each year, in accordance with generally 
accepted Government auditing standards for a finan-
cial and compliance audit, taking into consideration 
any standards recommended by the Comptroller 
General. The independent certified public accountant 
shall report the results of such audit to the Director 
of the Agency. The financial statements of the Agen-
cy shall be presented in accordance with generally 
accepted accounting principles. These financial state-
ments and the report of the accountant shall be in-
cluded in a report that contains, to the extent appli-
cable, the information identified in section 3512 of 
title 31, United States Code, and that the Agency 
shall submit to the Congress not later than 61⁄2 
months after the end of the last fiscal year covered 
by the audit. The Comptroller General may review 
the audit conducted by the accountant and the re-
port to the Congress in the manner and at such 
times as the Comptroller General considers nec-
essary. 
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605 
(3) AUDIT BY COMPTROLLER GENERAL.—The 
Comptroller General shall, if the Comptroller Gen-
eral considers it necessary or upon the request of the 
Congress, audit the financial statements of the 
Agency in the manner provided in paragraph (2). 
(4) 
AVAILABILITY
OF
INFORMATION.—All 
books, accounts, financial records, reports, files, 
workpapers, and property belonging to or in use by 
the Agency and the accountant who conducts the 
audit under paragraph (2), that are necessary for 
purposes of this subsection, shall be made available 
to the representatives of the Government Account-
ability Office designated by the Comptroller General. 
(f) FUNDING FOR TECHNICAL ASSISTANCE GRANTS 
BY MULTILATERAL DEVELOPMENT BANKS.— 
(1) IN GENERAL.—The Agency, in carrying out 
its program, may provide, as appropriate, funds to 
multilateral development banks for technical assist-
ance grants. 
(2) DEFINITIONS.—As used in paragraph (1)— 
(A) the term ‘‘technical assistance grants’’ 
means funding by multilateral development 
banks of services from the United States in 
connection with projects and programs sup-
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606 
ported by such banks, including engineering, 
design, and consulting services; and 
(B) the term ‘‘multilateral development 
bank’’ has the meaning given that term in sec-
tion 1701(c) of the International Financial In-
stitutions Act (22 U.S.C. 262r(c)). 
Subtitle C—Enterprise Funds 
SEC. 7301. FINDINGS. 
Congress makes the following findings: 
(1) Enterprise funds are an effective mecha-
nism to foster economic growth in support of United 
States foreign policy and development goals, by 
stimulating private capital flows and expanding fi-
nancing for free market-based private enterprise. 
(2) Enterprise funds provide incentives for im-
provements in legal systems, commercial and tax 
codes, and accounting practices, as essential founda-
tions for sustained economic growth. 
SEC. 7302. PURPOSES. 
The purposes of this subtitle are— 
(1) to promote the private sector of partner 
countries while considering the development impact 
of investments and profitability of those investments, 
particularly in small- and medium-sized enterprises; 
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607 
(2) to promote policies and practices conducive 
to strengthening the private sector through loans, 
microloans, equity investments, insurance, guaran-
ties, grants, feasibility studies, technical assistance, 
training for businesses receiving investment capital, 
and other measures; 
(3) to promote good corporate governance and 
transparency, foster competition, catalyze produc-
tivity improvements in existing businesses, and 
strengthen local capital markets; 
(4) to promote stability and security through 
job creation in the private sector and by fostering 
upward economic mobility; and 
(5) to promote fiscal sustainability through ex-
panded private sector adherence to tax codes and, 
where appropriate, foster improvements in the tax 
code and regulatory environment in order to support 
economic development. 
SEC. 7303. AUTHORITY TO DESIGNATE ENTERPRISE FUNDS. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—The Administrator is au-
thorized to designate private, nonprofit organizations 
to operate pursuant to this subtitle as enterprise 
funds, as eligible to receive funds and support pur-
suant to this subtitle after determining that such or-
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608 
ganizations have been established for the purposes 
specified in section 7302. 
(2) CONSULTATION.—The Administrator shall 
consult with the appropriate congressional commit-
tees before designating an organization under para-
graph (1). 
(b) BOARD OF DIRECTORS.— 
(1) NUMBER AND APPOINTMENT.—Each enter-
prise fund shall be governed by a board of directors. 
Subject to paragraph (3), the board of directors 
shall be composed of 9 members appointed by the 
Administrator as follows: 
(A) Five individuals who are private citi-
zens of the United States. 
(B) Three individuals who are private citi-
zens of the country in which the enterprise fund 
will operate, to be appointed by the Adminis-
trator in consultation with the government of 
such country. 
(C) One individual who is an officer or em-
ployee of the United States Agency for Inter-
national Development. 
(2) QUALIFICATIONS.—Each member of the 
board of directors appointed under paragraph (1) 
shall be selected from among individuals who have 
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609 
demonstrated expertise in one or more of the fol-
lowing areas: business development, commerce, inter-
national markets, capital investment, banking, and 
finance. 
(3) NONVOTING MEMBERS.—The Administrator 
may appoint not more than 2 additional members of 
the board of directors, who may not vote on matters 
before the board of directors. If appointed, such ad-
ditional members shall be representatives of non-
governmental organizations that have demonstrated 
expertise in the development needs of the country 
served by the enterprise fund. 
(c) USE OF AMOUNTS.— 
(1) IN GENERAL.—The Administrator may use 
funds appropriated by Congress to carry out the 
purposes specified in section 7302, including pay-
ment of the administrative expenses of the enterprise 
fund. 
(2) GRANTS.—The Administrator may use 
funds appropriated by Congress to make grants to 
enterprise funds designated under subsection (a), ex-
cept that such appropriated funds may be used only 
for the purposes set forth in section 7302. 
(3) COMPLIANCE REQUIREMENTS.— 
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610 
(A) IN GENERAL.—The Administrator not 
award a grant to an enterprise fund under 
paragraph (2) unless the Administrator and en-
terprise fund enter into a grant agreement 
under which the enterprise fund agrees to com-
ply with the requirements under this section. 
(B) TERMINATION
DATE.—Such grant 
agreement shall state that the enterprise fund 
shall liquidate its assets and dissolve not later 
than a date determined by the Administrator, 
unless the Administrator determines, after con-
sultation with the appropriate congressional 
committees, that the enterprise fund should be 
extended. 
(C) DISPOSITION OF ASSETS.—At the time 
the enterprise fund is dissolved, the assets of 
the enterprise fund shall be transferred to the 
General Fund of the United States Treasury. 
(d) NOTIFICATION TO CONGRESS.— 
(1) IN GENERAL.—Not less than 15 days before 
designating an organization to operate as an enter-
prise fund under subsection (a), the Administrator 
shall provide the information described in paragraph 
(2) to the appropriate congressional committees. 
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611 
(2) INFORMATION.—The information described 
in this paragraph is— 
(A) the identity of the organization to be 
designated to operate as the enterprise fund 
under subsection (a); 
(B) the names and qualifications of the in-
dividuals who will comprise the board of direc-
tors of the enterprise fund; and 
(C) a copy of the grant agreement between 
the Administrator and the enterprise fund. 
(e) PUBLIC DISCLOSURE.—Not later than 1 year 
after the entry into force of the grant agreement between 
the Administrator and an enterprise fund under this sec-
tion, and annually thereafter, the enterprise fund shall 
prepare and make available to the public on an Internet 
website administered by the enterprise fund a report on 
the enterprise fund’s activities during the previous year, 
including— 
(1) a description of each investment supported 
by the enterprise fund, including each type of assist-
ance provided in accordance with section 7303(c); 
(2) the amounts invested by the enterprise fund 
in each company or project; 
(3) the amounts of additional private invest-
ments made in each company or project; 
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(4) the amounts of any profits or losses realized 
by the enterprise fund in connection with each such 
company or project; 
(5) the nature and amounts of administrative 
expenses incurred by the enterprise fund; and 
(6) the annual independent audit of the enter-
prise fund, as required under this subtitle. 
SEC. 7304. GAO REPORTS. 
Not later than 3 years after the establishment of an 
enterprise fund under this subtitle, and every 3 years 
thereafter until the enterprise fund is dissolved, the Comp-
troller General of the United States shall submit to the 
appropriate congressional committees a report assessing 
the activities of the enterprise fund in achieving the pur-
poses of enterprise funds under this subtitle, identifying 
obstacles to achieving such purposes, and recommending 
such operational improvements in the enterprise fund that 
the Comptroller General determines are necessary. 
SEC. 7305. OPERATION PROVISIONS. 
(a) PRIVATE CHARACTER OF ENTERPRISE FUNDS.— 
Nothing in this subtitle shall be construed to make an en-
terprise fund an agency or establishment of the United 
States Government, or to make the officers, employees, or 
members of the board of directors of an enterprise fund 
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officers or employees of the United States for purposes 
of title 5, United States Code. 
(b) MATTERS TO BE CONSIDERED BY ENTERPRISE 
FUNDS.—In carrying out this subtitle, each enterprise 
fund shall take into account such considerations as inter-
nationally recognized worker rights and other internation-
ally recognized human rights, environmental factors, 
United States economic and employment effects, and the 
likelihood of commercial viability of the activity receiving 
assistance from the enterprise fund. 
(c) RETENTION OF INTEREST.—An enterprise fund 
may hold funds granted to it pursuant to this subtitle in 
interest-bearing accounts, prior to the disbursement of 
such funds for purposes specified in section 7302, and 
may retain for such program purposes any interest earned 
on such deposits without returning such interest to the 
Treasury of the United States and without further appro-
priation by the Congress. 
(d) USE OF UNITED STATES PRIVATE VENTURE 
CAPITAL.—In order to maximize the effectiveness of the 
activities of the enterprise funds, each enterprise fund may 
conduct public offerings or private placements for the pur-
pose of soliciting and accepting United States venture cap-
ital which may be used, separately or together with funds 
made available pursuant to this subtitle, for any lawful 
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investment purpose that the board of directors of the en-
terprise fund may determine in carrying out this subtitle. 
Financial returns on enterprise fund investments that in-
clude a component of private venture capital may be dis-
tributed, at such times and in such amounts as the board 
of directors of the enterprise fund may determine, to the 
investors of such capital. 
(e) NONAPPLICABILITY OF OTHER LAWS.—Executive 
branch agencies may conduct programs and activities and 
provide services in support of the activities of the enter-
prise funds notwithstanding any other provision of law. 
(f) LIMITATION
ON PAYMENTS
TO ENTERPRISE 
FUND PERSONNEL.— 
(1) BENEFITS BARRED.—No part of the funds 
of an enterprise fund shall inure to the benefit of 
any board member, officer, or employee of that en-
terprise fund, except as salary or reasonable com-
pensation for services, subject to paragraph (2). 
(2) CERATIN COMPENSATION BARRED.—An en-
terprise fund may not pay compensation for services 
to— 
(A) any board member of the enterprise 
fund, except for services as a board member; or 
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(B) any firm, association, or entity in 
which a board member of the enterprise fund 
serves as partner, director, officer, or employee. 
(3) EXCEPTION FOR PRIOR SERVICES.—Noth-
ing in paragraph (2) shall preclude payment for 
services performed before the date of the enactment 
of this subsection, nor for arrangements approved by 
the grantor and notified in writing to the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate. 
(g) INDEPENDENT PRIVATE AUDITS.—The accounts 
of each enterprise fund shall be audited annually in ac-
cordance with generally accepted auditing standards by 
independent certified public accountants or independent li-
censed public accountants certified or licensed by a regu-
latory authority of a State or other political subdivision 
of the United States. The report of each such independent 
audit shall be included in the annual report required by 
this section. 
(h) GAO AUDITS.—The financial transactions under-
taken pursuant to this subtitle by each enterprise fund 
may be audited by the Government Accountability Office 
in accordance with such principles and procedures and 
under such rules and regulations as may be prescribed by 
the Comptroller General of the United States, so long as 
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the enterprise fund is in receipt of United States Govern-
ment grants. 
(i) RECORDKEEPING REQUIREMENTS.—The enter-
prise funds shall ensure— 
(1) that each recipient of assistance provided 
through the enterprise funds under this subtitle 
keeps— 
(A) separate accounts with respect to such 
assistance; 
(B) such records as may be reasonably 
necessary to disclose fully the amount and the 
disposition by such recipient of the proceeds of 
such assistance, the total cost of the project or 
undertaking in connection with which such as-
sistance is given or used, and the amount and 
nature of that portion of the cost of the project 
or undertaking supplied by other sources; and 
(C) such other records as will facilitate an 
effective audit; and 
(2) that the enterprise funds, or any of their 
duly authorized representatives, have access for the 
purpose of audit and examination to any books, doc-
uments, papers, and records of the recipient that are 
pertinent to assistance provided through the enter-
prise funds under this section. 
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(j) ANNUAL REPORTS.—Each enterprise fund shall 
publish an annual report, which shall include a com-
prehensive and detailed description of the enterprise 
fund’s operations, activities, financial condition, and ac-
complishments under this subtitle for the preceding fiscal 
year. This report shall be published not later than January 
31 each year, beginning in the calendar year after the cal-
endar year in which the enterprise fund is designated 
under this subtitle. 
(k) REINVESTMENT.—Returns on investments of an 
enterprise fund and other payments to the fund may be 
reinvested in projects carried out by the fund without fur-
ther appropriation by Congress. 
SEC. 7306. BEST PRACTICES AND PROCEDURES. 
To the maximum extent practicable, the board of di-
rectors of each enterprise fund established under this sub-
title should adopt the best practices and procedures used 
by enterprise funds, including those for which funding was 
made available pursuant to section 201 of the Support for 
East European Democracy (SEED) Act of 1989 (22 
U.S.C. 5421). 
SEC. 7307. EXPERIENCE OF OTHER ENTERPRISE FUNDS. 
In implementing this subtitle, the Administrator shall 
ensure that the articles of incorporation of each enterprise 
fund (including provisions specifying the responsibilities of 
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the board of directors of the enterprise fund), the terms 
of United States Government grant agreements with the 
enterprise fund, and United States Government oversight 
of the enterprise fund are, to the maximum extent prac-
ticable, consistent with the Articles of Incorporation of, 
the terms of grant agreements with, and the oversight of 
the Enterprise Funds established pursuant to section 201 
of the Support for East European Democracy (SEED) 
Act of 1989 (22 U.S.C. 5421) and comparable provisions 
of law. 
TITLE 
VIII—STRATEGIC 
PLAN-
NING, 
MONITORING 
AND 
EVALUATION, AND REPORT-
ING 
Subtitle A—Strategic Planning 
SEC. 8101. QUADRENNIAL DIPLOMACY, DEVELOPMENT, 
AND SECURITY REVIEW. 
(a) REVIEW OF DIPLOMACY, DEVELOPMENT, AND 
SECURITY.— 
(1) IN GENERAL.—Not later than December 15, 
2014, and every 4 years thereafter, the Secretary 
and the Administrator shall complete a comprehen-
sive examination (to be known as a ‘‘Quadrennial 
Diplomacy, Development, and Security Review’’) of 
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United States diplomacy, development, and national 
security efforts. 
(2) KEY ELEMENTS OF REVIEW.—The review 
described in paragraph (1) shall include information 
on the following: 
(A) The nature of the global challenges 
and opportunities facing the United States and 
the changes in such challenges and opportuni-
ties over the previous four-year period. 
(B) Key objectives and missions for United 
States foreign policy and foreign assistance, in-
cluding a clear statement of United States ob-
jectives for development assistance and for se-
curity assistance. 
(C) The roles and responsibilities of Fed-
eral agencies in carrying out United States di-
plomacy, promoting global development, and 
protecting national security, and the mecha-
nisms for cooperation between such agencies, 
including any reforms needed in such agencies 
and mechanisms to adapt to changing cir-
cumstances. 
(D) The roles of international organiza-
tions and multilateral institutions in advancing 
United States diplomatic, development, and se-
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curity objectives, including the mechanisms for 
coordinating and harmonizing development poli-
cies and programs with partner countries and 
among donors. 
(E) The requirements for overseas infra-
structure necessary to carry out United States 
diplomatic, development, and security objec-
tives, including major changes in diplomatic 
presence and new investments in technology 
and facilities. 
(F) A plan, budget, and timetable for im-
plementing the recommendations of the review, 
including any legislative requests and executive 
orders to be issued. 
(3) INTERAGENCY
COORDINATION
AND
CON-
SULTATION.—In conducting each Quadrennial Diplo-
macy, Development, and Security Review, the Sec-
retary and the Administrator shall take into account 
the views of the Secretary of Defense, the Secretary 
of the Treasury, the Attorney General, and the 
heads of all other Federal agencies carrying out 
international policies and programs under this Act. 
(b) CONSULTATIVE PROCESS.—In conducting the re-
view required under subsection (a), the Secretary and the 
Administrator shall consult with— 
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(1) the appropriate congressional committees; 
(2) a variety of civil society groups, including 
private businesses, nongovernmental organizations 
involved in diplomacy, development, and security, 
and experts at academic institutions or institutions 
involved in the study of foreign policy, international 
development, or national security; and 
(3) appropriate international organizations and 
partner countries. 
(c) REPORT.— 
(1) ADDITIONAL
ELEMENTS.—The Secretary 
and the Administrator shall transmit to the appro-
priate congressional committees a report upon com-
pletion of each Quadrennial Diplomacy, Develop-
ment, and Security Review. The report shall include, 
in addition to all the elements identified in sub-
section (a)(2)— 
(A) the assumptions used to inform the re-
view, including those regarding— 
(i) key global challenges and opportu-
nities facing the United States over the 
next 10-year period; 
(ii) the capacity of United States dip-
lomatic, development, and security per-
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sonnel to respond to such challenges and 
opportunities; 
(iii) the cooperation and capacity of 
partner countries and international institu-
tions in addressing such challenges and op-
portunities; 
(iv) the levels of engagement in oper-
ations other than war and smaller-scale 
contingencies and withdrawal from such 
operations and contingencies; 
(v) the intensity, duration, and mili-
tary and political end-states of conflicts 
and smaller-scale contingencies that arise 
in the diplomatic, development, and secu-
rity context; 
(vi) the anticipated roles and missions 
of the reserve components available to ci-
vilian agencies, including capabilities and 
resources necessary to assure that such re-
serve components can capably discharge 
such roles and missions; and 
(vii) the extent to which diplomatic, 
development, and security personnel need 
to be shifted to different regions to suc-
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cessfully carry out the full range of mis-
sions called for in the review; 
(B) a description of the process by which 
the review was conducted, including participa-
tion of personnel of the Department of State 
and the United States Agency for International 
Development, coordination and consultation 
with other Federal agencies, and consultations 
as required under subsection (b); and 
(C) lessons learned during the review proc-
ess and recommendations for improvements in 
future years. 
(2) PUBLIC
AVAILABILITY.—The report re-
quired under this subsection shall be made publicly 
available on the Internet upon transmission to the 
appropriate congressional committees. 
SEC. 8102. COMPREHENSIVE WORKFORCE AND HUMAN RE-
SOURCES STRATEGY. 
(a) PLAN REQUIRED.—The Administrator shall, not 
later than 1 year after the date of the enactment of this 
Act and every 5 years thereafter, develop a comprehensive 
workforce and human resources strategy, or review and 
modify as necessary the existing strategy, to strengthen 
the capacity of the Agency to carry out its mandate under 
section 10201. 
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(b) CONTENTS.—The strategy required under sub-
section (a) shall include— 
(1) an assessment of the implications of current 
development strategies and foreign policy priorities 
for technical and policy expertise; 
(2) the number, types, and level of specialists 
and generalists projected to be needed in each func-
tional and geographic area, including support, man-
agement, and administrative functions; 
(3) the number, types, and level of specialists 
and generalists currently employed by the Agency, 
by bureau and office and by employment category; 
(4) an analysis of the workloads and com-
petencies of existing staff, by bureau and office and 
by employment category; 
(5) the impact on paragraphs (3) and (4) of 
projected retirement and attrition rates over the 
next 5 years; 
(6) the steps needed to recruit, retain, and de-
velop the necessary professional expertise, including 
through education and training, details, fellowships, 
scholarships and exchanges; 
(7) an assessment of the suitability of overseas 
facilities, including security, space, health and safe-
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ty, physical integrity, access and location consider-
ations; 
(8) a prioritized plan for capital improvements; 
(9) projected human resource challenges, in-
cluding bureaucratic and legislative constraints, and 
recommended options for meeting such challenges; 
and 
(10) the assumptions regarding program and 
policy priorities and budget levels on which the 
strategy is based. 
(c) EMPLOYMENT CATEGORY.—For the purposes of 
this section, the term ‘‘employment category’’ means the 
statutory authority under which an individual is employed, 
and includes civil service, Foreign Service, excepted serv-
ice, personal services contractors, detailees, and locally 
employed staff. 
(d) TRANSMISSION
TO CONGRESS.—The plan re-
quired under subsection (a) shall be transmitted to the 
appropriate congressional committees not later than 180 
days after the date of the enactment of this Act, and every 
5 years thereafter. Such plan may be updated at any time, 
and such update shall be transmitted accordingly. 
(e) MID-LEVEL HIRING AUTHORITY.—If the Admin-
istrator certifies that such hiring is necessary to meet the 
workforce requirements of the Agency as set forth in the 
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plan required under subsection (a), the Administrator is 
authorized, notwithstanding section 307 of the Foreign 
Service Act of 1980, to hire up to 30 mid-career profes-
sionals, which may include individuals currently employed 
as personal services contractors, in each of the 3 fiscal 
years following the date of the enactment of this Act. 
Subtitle B—Monitoring and 
Evaluation 
SEC. 8201. MONITORING AND EVALUATION OF FOREIGN AS-
SISTANCE. 
(a) IN GENERAL.—The President shall develop and 
implement a rigorous system to evaluate the effectiveness 
and efficiency of foreign assistance. 
(b) COMPONENTS OF SYSTEM.—In order to avoid du-
plication, ensure comprehensive coverage, promote high 
and uniform standards, and facilitate comparability of re-
sults and the development of a strong body of evidence, 
the system required under subsection (a) shall include— 
(1) a method of coordinating evaluation activi-
ties among all Federal agencies carrying out foreign 
assistance; and 
(2) a process for consulting with relevant stake-
holders and subject matter experts, as appropriate, 
on the planning, design, and implementation of eval-
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uation activities and dissemination of evaluation 
findings. 
(c) REQUIRED ACTIONS.—In carrying out subsection 
(a), the President shall ensure that the head of each Fed-
eral agency takes the following actions with regard to for-
eign assistance carried out by that agency: 
(1) Establish measurable and meaningful per-
formance objectives, including disaggregation by sex 
and age where appropriate. 
(2) Establish criteria for the selection of pro-
grams, projects, and activities to be subject to var-
ious evaluation methodologies, with a particular em-
phasis on impact evaluation. 
(3) Establish or designate an organizational 
unit with adequate staff and resources to oversee 
and provide technical support for evaluation activi-
ties. 
(4) Develop a plan for improving the capacity 
of the agency to conduct rigorous, relevant, and ob-
jective program monitoring and evaluation, including 
by— 
(A) providing relevant education and train-
ing opportunities; 
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(B) encouraging the adoption of improved 
methodologies for data collection and analysis; 
and 
(C) ensuring that best practices are shared 
within and between agencies. 
(5) Establish guidelines for enhancing, in co-
operation with other donors, the capacity of partner 
countries to monitor the use of and evaluate the im-
pact of donor assistance. 
(6) Establish a process for applying the find-
ings and results of monitoring and evaluation activi-
ties, including impact evaluation research, into fu-
ture program planning, budgeting, design, and im-
plementation. 
(7) Establish a policy for the publication of pro-
gram evaluations. 
(8) Develop, in consultation with relevant stake-
holders an annual evaluation plan that describes how 
the agency will meet the requirements of this sec-
tion. 
(9) Identify the source or mechanism of funding 
to conduct monitoring and evaluation of foreign as-
sistance carried out by such agency. 
(d) SUBMISSION
OF
EVALUATION
PLANS.—The 
President shall ensure that the evaluation plans required 
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by subsection (c)(8) are submitted to the appropriate con-
gressional committees each year along with the annual 
budget presentation, and are published on a government 
Internet website. 
(e) LOCAL PERFORMANCE.—To the extent feasible 
and appropriate, evaluation activities carried out pursuant 
to the requirements of this section shall be carried out by, 
or with the participation of, organizations in the partner 
country. 
(f) DEFINITIONS.—In this section: 
(1) 
EVALUATION.—The 
term 
‘‘evaluation’’ 
means the systematic and objective determination 
and assessment of the design, implementation, and 
results of an on-going or completed program, 
project, or activity, including an explanation of the 
reasons or causes for the observed results. 
(2) IMPACT.—The term ‘‘impact’’ means a 
long-term effect of a program, project, or activity, 
whether positive or negative, direct or indirect, in-
tended or unintended. 
(3) 
IMPACT
EVALUATION
RESEARCH.—The 
term ‘‘impact evaluation research’’ means the appli-
cation of research methods and statistical analysis to 
measure the extent to which an impact can be at-
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tributed to a foreign assistance program, project, or 
activity rather than to other factors. 
SEC. 8202. MONITORING AND EVALUATION OF HUMANI-
TARIAN ASSISTANCE. 
(a) DIVISION OF RESPONSIBILITIES.—The Depart-
ment of State shall be responsible for monitoring and eval-
uating humanitarian assistance carried out by the Depart-
ment of State, and USAID shall be responsible for moni-
toring and evaluating humanitarian assistance carried out 
by USAID. 
(b) CONGRESSIONAL NOTIFICATION.—The Secretary 
or the Administrator, as appropriate, shall notify the ap-
propriate congressional committees if assistance made 
available under this subtitle is not sufficient to meet inter-
national humanitarian standards. Such notification shall 
include a description of the standards not being met, the 
resources that would be required to meet such standards, 
and the reasons why such resources are not available. 
(c) ROLE OF THE OFFICE OF FOOD FOR PEACE.— 
The Office of Food for Peace (FFP) of the Agency shall 
be responsible for tracking and monitoring the nutritional 
outcomes of emergency food assistance provided under 
this Act and title II of the Agricultural Trade Develop-
ment and Assistance Act of 1954 (Public Law 83–480). 
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(d) MONITORING
AND EVALUATION REQUIRED.— 
The authorities of sections 1904 and 1905 shall not be 
used to vitiate the requirement of section 8201 for moni-
toring and evaluation of foreign assistance. 
Subtitle C—Reporting 
Requirements 
SEC. 
8301. 
TRANSPARENCY 
AND 
ACCOUNTABILITY 
IN 
BUDGETING. 
(a) IN GENERAL.—The Secretary, the Administrator, 
and the Chief Executive Officer of the Millennium Chal-
lenge Corporation shall maintain an online database of in-
formation, easily accessible to the public, which contains 
the information described in subsection (b) for each 
project and activity within their respective areas of respon-
sibility, including for any project or activity for which 
funds are transferred to another Federal agency for obli-
gation. 
(b) DATABASE REQUIREMENTS.— 
(1) CONTENT.—Each project and activity shall 
be identified separately in such database, and for 
each project and activity the database shall include, 
at a minimum— 
(A) a brief description of the nature of the 
project or activity; 
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(B) the geographic location or locations in 
which the project or activity is being carried 
out; 
(C) the specific objectives and timetable of 
the project or activity; 
(D) the indicators, which shall be quan-
titative wherever possible and relevant, used to 
define the successful achievement of the goals 
of the project or activity; 
(E) the number and demographic charac-
teristics of the intended beneficiaries of the 
project or activity; 
(F) each sector, theme, goal and objective 
toward which the project or activity will be 
counted; 
(G) names and descriptions of the imple-
menting partners of the project or activity; 
(H) the amount of United States foreign 
assistance funds obligated for each such project 
or activity and the source of those funds; 
(I) expenditures of funds for the project or 
activity on a quarterly basis; 
(J) the contributions toward the project or 
activity provided by the partner country; 
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berculosis (MDR–TB) and extensively drug resistant tu-
berculosis (XDR–TB). 
‘‘(g) ANNUAL REPORT.—The President shall submit 
an annual report to Congress that describes the impact 
of United States foreign assistance on efforts to control 
tuberculosis, including— 
‘‘(1) the number of tuberculosis cases diagnosed 
and the number of cases cured in countries receiving 
United States bilateral foreign assistance for tuber-
culosis control purposes; 
‘‘(2) a description of activities supported with 
United States tuberculosis resources in each coun-
try, including a description of how those activities 
specifically contribute to increasing the number of 
people diagnosed and treated for tuberculosis; 
‘‘(3) in each country receiving bilateral United 
States foreign assistance for tuberculosis control 
purposes, the percentage provided for direct tuber-
culosis services in countries receiving United States 
bilateral foreign assistance for tuberculosis control 
purposes; 
‘‘(4) a description of research efforts and clin-
ical trials to develop new tools to combat tuber-
culosis, including diagnostics, drugs, and vaccines 
supported by United States bilateral assistance; 
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877 
(A) by striking ‘‘part I of the Foreign As-
sistance Act of 1961’’ and inserting ‘‘title I of 
the Global Partnerships Act of 2013’’; and 
(B) by striking ‘‘any provision of the For-
eign Assistance Act of 1961’’ and inserting 
‘‘any provision of the Global Partnerships Act 
of 2013’’; and 
(4) in section 614(d) (22 U.S.C. 7713(d)), by 
striking ‘‘Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.)’’ and inserting ‘‘Global Partnerships 
Act of 2013’’. 
SEC. 11103. AMENDMENTS TO THE MIGRATION AND REF-
UGEE ASSISTANCE ACT OF 1962. 
Section 2(c) of the Migration and Refugee Assistance 
Act of 1962 (22 U.S.C. 2601(c)) is amended— 
(1) in paragraph (1), by striking ‘‘President’’ 
and inserting ‘‘Secretary of State’’; and 
(2) 
in 
paragraph 
(2), 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 
SEC. 11104. AMENDMENTS TO THE FULBRIGHT-HAYS ACT. 
The Mutual Educational and Cultural Exchange Act 
of 1961 (commonly known as the ‘‘Fulbright-Hays Act’’) 
is amended— 
(1) 
in 
section 
102(b)(3) 
(22 
U.S.C. 
2452(b)(3)), by inserting ‘‘, hospital centers for 
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