jurisdiction: US

text:
 II
 Calendar No. 268
 111th CONGRESS
 2d Session
 S. 1524
 [Report No. 111–122]
 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.
 1.Short titleThis Act may be cited as the
 Foreign Assistance Revitalization and
 Accountability Act of 2009.
 2.DefinitionsIn this Act:
 (1)AdministratorExcept
 as otherwise provided, the term Administrator means the
 Administrator of the United States Agency for International Development.
 (2)AgencyExcept
 as otherwise provided, the term Agency means the United States
 Agency for International Development.
 (3)Appropriate
 congressional committeesThe term appropriate congressional
 committees means the Committee on Foreign Relations of the Senate and
 the Committee on Foreign Affairs of the House of Representatives.
 (4)SecretaryExcept
 as otherwise provided, the term Secretary means the Secretary of
 State.
 3.FindingsCongress makes the following
 findings:
 (1)Poverty, hunger,
 lack of opportunity, gender inequality, and environmental degradation are
 recognized as significant contributors to—
 (A)socioeconomic and
 political instability; and
 (B)the exacerbation
 of disease pandemic and other global health threats.
 (2)The 2006 National
 Security Strategy of the United States notes, America’s national
 interests and moral values drive us in the same direction: to assist the
 world’s poor citizens and least developed nations and help integrate them into
 the global economy..
 (3)The bipartisan
 Final Report of the National Commission on Terrorist Attacks Upon the United
 States (9/11 Commission Report) recommends, A comprehensive United
 States strategy to counter terrorism should include economic policies that
 encourage development, more open societies, and opportunities for people to
 improve the lives of their families and enhance prospects for their
 children..
 (4)The alleviation of
 poverty and hunger is in the national interest of the United States. It
 improves United States security by mitigating the underlying causes of violence
 and extremism, addresses threats like climate change and pandemic disease,
 expands economic opportunities for producers and consumers in the United
 States, demonstrates United States leadership to the world, and represents the
 values, humanitarianism, and generosity of the American people.
 (5)Elevating the
 standing of the United States in the world represents a critical and essential
 element for any strategy to improve national and global security by mitigating
 the root causes of conflict and multinational terrorism, strengthening
 diplomatic and economic relationships, preventing global climate change,
 curbing weapons proliferation, and fostering peace and cooperation between all
 nations.
 (6)Currently the
 global development policies and programs of the United States Government are
 scattered across 12 different Federal departments, 25 different Federal
 agencies, and nearly 60 Federal Government offices. The current law governing
 foreign assistance is outdated, cumbersome, and lacks relevance for modern
 challenges, articulating at least 140 broad priorities for United States
 development efforts, with at least 400 specific directives on how to implement
 those broad priorities. Moreover, it allows the budget process to drive
 priorities, rather than setting clear priorities that drive resource
 decisions.
 (7)The international
 and domestic challenges of the 21st century—including transnational threats
 such as economic instability, terrorism, climate change, and disease—cannot be
 met with a foreign assistance apparatus that was created to confront the
 challenges of the 20th century. The cornerstone for a new foreign assistance
 architecture begins with reform of the Foreign Assistance Act of 1961 that
 ensures a rationalized organizational structure for a strengthened development
 agency, a concise set of development priorities, rebuilt human resource
 capacity, strengthened monitoring and evaluation, reinvigorated policy and
 intellectual expertise, with sufficient resources and commensurate
 accountability to achieve key foreign assistance goals.
 (8)President Barack
 Obama has expressed a commitment to cut extreme poverty and hunger around the
 world in half, and to increase the level of United States foreign assistance to
 meet that goal.
 4.Statement of
 policyIt is the policy of the
 United States, given the importance of global prosperity and security to the
 national interests of the United States, to promote global development, good
 governance, and the reduction of poverty and hunger. In support of this policy,
 a reform and rebuilding process should be initiated that will redefine the
 United States foreign assistance architecture and strengthen the capacity of
 the United States Agency for International Development and related agencies to
 establish effective development policies and implement innovative and effective
 foreign assistance programs with maximum impact.
 5.Policy and
 strategic planning
 (a)Sense of
 congress on building the policy capacity of USAIDIt is the sense
 of Congress that—
 (1)there has been too
 little emphasis in recent years in developing the capacity of the Agency to
 formulate international development policy and to integrate important policy
 initiatives and innovative policy concepts into Agency programs and
 activities;
 (2)the Agency should
 increase its emphasis on recruiting, hiring, training, and enhancing
 professional officers who will support the Agency’s role in formulating
 development policy and enhancing innovative solutions to development
 challenges;
 (3)there is a
 particular need to strengthen policy formulation and development in missions
 worldwide, in addition to strengthening the capacity of the Agency to address
 policy issues in headquarters in Washington, District of Columbia, which should
 be dealt with by deploying policy officers to missions worldwide; and
 (4)a Bureau for
 Policy and Strategic Planning should ensure that policy concepts and priorities
 are appropriately integrated into all programs and activities undertaken by the
 Agency.
 (b)Establishment of
 USAID positions To build policy and strategic planning capacity
 (1)Deputy
 Administrator of the United States Agency for International
 DevelopmentSection 624 of the Foreign Assistance Act of 1961 (22
 U.S.C. 2384) is amended by inserting after subsection (c) the following new
 subsection:
 (d)Deputy
 AdministratorsThere shall be in the United States Agency for
 International Development, among the statutory officers authorized by
 subsection (a), not more than 2 Deputy Administrators, who shall assist the
 Administrator in all
 matters.
 .
 (2)Assistant
 Administrator for Policy and Strategic PlanningSuch section is
 further amended by adding at the end the following new subsection:
 (f)Assistant
 Administrator for Policy and Strategic PlanningThere shall be in
 the United States Agency for International Development, among the statutory
 officers authorized by subsection (a), an Assistant Administrator for Policy
 and Strategic Planning, who shall assist the Administrator and Deputy
 Administrators in matters related to policy planning, strategic planning,
 program design, research, evaluation, budget allocation and management, and in
 other
 matters.
 .
 (3)Clerical
 amendmentSubsection (a) of such section is amended by striking
 twelve and inserting fourteen.
 (c)Bureau for
 Policy and Strategic PlanningChapter 2 of part III of the
 Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by inserting
 after section 624 the following new section:
 624A.Bureau for
 Policy and Strategic Planning
 (a)EstablishmentThere is established in the United States
 Agency for International Development a Bureau for Policy and Strategic Planning
 (referred to in this section as the Bureau).
 (b)DutiesThe
 primary duties of the Bureau shall include the following:
 (1)Developing and
 formulating United States Government policy on development issues in support of
 United States policy objectives.
 (2)Ensuring long-term
 strategic planning and direction for overall development policy and programs,
 as well as across regions and sectors.
 (3)Designing and
 conducting significant research and evaluation on development and aid
 effectiveness.
 (4)Establishing
 resource and workforce allocation criteria.
 (5)Guiding overall
 budget decisions and reviewing bureau-specific resource allocations, workforce
 allocations, operational planning, and program decisions.
 (6)Integrating
 monitoring and evaluation into overall decisionmaking and strategic
 planning.
 .
 (d)Office for
 Learning, Evaluation, and Analysis in DevelopmentChapter 2 of
 part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.), as
 amended by subsection (c), is further amended by inserting after section 624A
 the following:
 624BOffice for
 Learning, Evaluation, and Analysis in Development
 (a)Sense of
 Congress on analysis and evaluationIt is the sense of Congress
 that—
 (1)achieving United
 States foreign policy objectives requires the consistent and systematic
 evaluation of the impact of United States foreign assistance programs and
 analysis on what programs work and why, when, and where they work;
 (2)the design of
 assistance programs and projects should include the collection of relevant data
 required to measure outcomes and impacts;
 (3)the design of
 assistance programs and projects should reflect the knowledge gained from
 evaluation and analysis;
 (4)a culture and
 practice of high quality evaluation should be revitalized at agencies managing
 foreign assistance programs, which requires that the concepts of evaluation and
 analysis are used to inform policy and programmatic decisions, including the
 training of aid professionals in evaluation design and implementation;
 (5)the effective and
 efficient use of funds cannot be achieved without an understanding of how
 lessons learned are applicable in various environments, and under similar or
 different conditions; and
 (6)project
 evaluations should be used as sources of data when running broader analyses of
 development outcomes and impacts.
 (b)EstablishmentThere
 is established in the Bureau for Policy and Strategic Planning an Office for
 Learning, Evaluation, and Analysis in Development (referred to in this section
 as the Office), which shall be under the management of the
 Assistant Administrator for Policy and Strategic Planning.
 (c)DutiesThe
 duties of the Office shall be to—
 (1)develop, design,
 coordinate, guide, and conduct the complete range of activities relating to the
 monitoring of resources, the evaluation of projects, the evaluation of program
 impacts, and analysis that is necessary for the identification of findings,
 generalizations that can be derived from those findings, and their
 applicability to proposed project and program design;
 (2)serve as a
 resource to the United States Agency for International Development, other
 government entities, implementing partners, the academic community, the donor
 community, and host governments in the design of programs and projects;
 (3)serve as an
 authoritative voice in linking evaluation and research results to strategic
 planning and policy options;
 (4)design a strategy
 for strengthening evaluation and research for foreign assistance programs
 managed by the United States Agency International Development;
 (5)develop the scope
 and guidelines for evaluation and research that are multidisciplinary in
 nature;
 (6)establish annual
 evaluation and research agendas and objectives that are responsive to policy
 and programmatic priorities;
 (7)guide the use of
 rigorous methodologies, choosing from among a wide variety of qualitative and
 quantitative methods common in the field of social scientific inquiry;
 (8)coordinate the
 evaluation processes of bureaus and missions of the United States Agency for
 International Development;
 (9)develop and
 implement a training plan on evaluation and research for aid personnel;
 (10)make
 recommendations to the Assistant Administrator for Policy and Strategic
 Planning on linking evaluation and research findings to policy and strategic
 planning options;
 (11)develop a
 clearinghouse capacity for the dissemination of knowledge and lessons learned
 to USAID professionals, implementing partners, the international aid community,
 and aid recipient governments, and as a repository of knowledge on lessons
 learned;
 (12)distribute
 evaluation and research reports internally and make this material available
 online to the public; and
 (13)partner with the
 academic community, implementing partners, and national and international
 institutions that have expertise in evaluation and analysis when such
 partnerships will provide needed expertise or will significantly improve the
 evaluation and analysis.
 (d)Subordinate
 unitsThe Administrator may create such subordinate units as may
 be necessary for the performance of duties described in paragraphs (9) and (11)
 of subsection (c).
 (e)Technical
 expertiseIf the Assistant Administrator determines that the
 Office requires expertise that is of a technical nature and is outside the
 expertise of the Agency for International Development, such expertise may be
 accessed through existing contracting authorities.
 (f)MonitoringEvaluation
 and analysis activities of the Office shall be in addition to, but not
 duplicative of, existing monitoring activities as provided under existing
 law.
 (g)CoordinationThe
 Office should closely coordinate and consult with the Council on Research and
 Evaluation of Foreign Assistance to ensure consistency of approach toward
 evaluation, research, analysis, and related activities.
 (h)Annual reports
 to Congress
 (1)In
 generalNot later than 1 year after the date of the enactment of
 this Act, and not later than December 31 of each year thereafter, the
 Administrator shall submit to the appropriate congressional committees a report
 on the work of the Office.
 (2)ContentThe
 report required under paragraph (1) shall include—
 (A)a copy of the
 annual evaluation and research agenda for the preceding year;
 (B)a description of
 the evaluation activities conducted in the preceding year;
 (C)a description of
 training activities conducted in the preceding year;
 (D)a forecast of
 evaluation and research planned for the following year; and
 (E)a description of
 the ways in which the results of evaluations have informed the design and
 operation of agency policies and programs during the year.
 (i)Authorization of
 appropriationsThere are authorized to be appropriated to the
 United States Agency for International Development $5,000,000 for fiscal year
 2010 and such sums as may be necessary for fiscal year 2011.
 (j)DefinitionsIn
 this section:
 (1)AnalysisThe
 term analysis means the comparative study of evaluations conducted
 over a period of time, in varying locations, and under varying conditions that
 produces generalized findings and explanations of outcomes and assesses their
 applicability to proposed project and program design.
 (2)EvaluationThe
 term evaluation means the full range of activities designed to
 assess the efficiency and effectiveness of inputs and processes on outputs,
 results, and outcomes of various projects, programs, and activities.
 (3)OutcomeThe
 term outcome means any change occurring during the course of a
 project, program, or activity, including changes that cannot be attributed
 directly to the project, program, or activity.
 (4)OutputsThe
 term output means the products, capital, goods, and services that
 result from a project, program, or
 activity.
 .
 6.Council on
 Research and Evaluation of Foreign Assistance
 (a)FindingsCongress
 makes the following findings:
 (1)The American
 public and Congress must have confidence that—
 (A)Federal funds
 allocated for foreign assistance programs are used efficiently and effectively;
 and
 (B)funding
 allocations and programs are linked to clearly defined policy
 objectives.
 (2)The December 2007
 HELP Commission Report on Foreign Assistance Reform states, [T]he
 systems our government uses to evaluate development and humanitarian assistance
 programs are either in disarray or do not exist. Current systems tend to focus
 more on outputs, such as counting how many books are delivered to a school,
 rather than on outcomes, such as measuring how many children can actually read.
 Indeed, out of 26,285 impact evaluations that USAID conducted between 1996 and
 2005, only 30 measured the impact of projects..
 (3)The HELP
 Commission also recommends that the United States Government reestablish an
 independent Office of Monitoring and Evaluation responsible for foreign
 assistance operations and provide the office with sufficient funding to monitor
 and evaluate performance that should be accountable to Congress and to the
 executive branch.
 (b)EstablishmentThere
 is established in the executive branch the Council on Research and Evaluation
 of Foreign Assistance (referred to in this section as the
 Council).
 (c)PurposesThe
 purposes of the Council shall be—
 (1)to evaluate the
 impact of United States Government foreign assistance programs and their
 contribution to policy, strategies, projects, program goals, and priorities
 undertaken by the United States Government in support of foreign policy
 objectives; and
 (2)to cultivate an
 integrated research and development program that will—
 (A)incorporate best
 practices from evaluation studies and analyses; and
 (B)foster and promote
 innovative programs to improve the effectiveness of United States foreign
 assistance.
 (d)Duties and
 authorities
 (1)Evaluations of
 united states government foreign assistance programs and international and
 multilateral assistance programs receiving financial assistance from the united
 states
 (A)AuthorizationThe
 Council is authorized to conduct evaluations, on a program-by-program basis, of
 the effectiveness of—
 (i)foreign assistance
 programs carried out by any United States Government agency; and
 (ii)international and
 multilateral assistance programs receiving financial assistance from the United
 States.
 (B)Impact
 assessmentEvaluations conducted under subparagraph (A) shall
 assess the impact of the programs described in clauses (i) and (ii) of
 subparagraph (A) and their contribution to policy, strategies, projects,
 program goals, and priorities of the United States Government.
 (C)Selection
 criteriaThe Director, in consultation with the Board, shall
 establish—
 (i)criteria for
 selecting foreign assistance programs and international and multilateral
 assistance programs receiving financial assistance from the United States to be
 evaluated under subparagraph (A); and
 (ii)procedures for
 conducting such evaluations.
 (D)CoordinationThe
 criteria and procedures established under subparagraph (C) shall include
 procedures to avoid duplication of the Council’s activities, and to ensure
 effective coordination and cooperation, with the activities of the Comptroller
 General of the United States, relevant Inspectors General, and other relevant
 entities.
 (E)MethodologiesIn
 conducting evaluations under subparagraph (A), the Council shall utilize
 rigorous and objective methodologies, choosing from among a wide variety of
 qualitative and quantitative methods common in the field of social scientific
 inquiry.
 (F)Interagency
 assistanceIn conducting evaluations under subparagraph (A), the
 Director is authorized to request information or assistance from the head of
 any Federal agency to the extent necessary to facilitate the evaluation of a
 program, including access to all records, reports, audits, reviews, documents,
 papers, recommendations, and other material available to the program being
 evaluated by the Council. Upon receipt of a request under this subparagraph,
 the head of the Federal agency receiving the request, insofar as is practicable
 and not in contravention of any applicable law, shall furnish to the Director,
 or to an authorized designee, such information or assistance as may be
 necessary to carry out the purposes of this section.
 (G)ReportsAt
 least 30 days before issuing a report under this subparagraph, the Director
 shall submit a draft of the report to the head of the Federal agency
 responsible for implementing the program being evaluated and provide the agency
 head an opportunity to comment on the report. The Council shall issue a report
 to the appropriate congressional committees on each evaluation conducted under
 subparagraph (A) that contains—
 (i)an assessment of
 the effectiveness of the program evaluated, including the effectiveness of any
 partnership with non-Federal partners, as appropriate;
 (ii)any
 recommendations to improve the program’s effectiveness, including the
 effectiveness of partnerships with non-Federal organizations, as appropriate;
 and
 (iii)any comments
 received from the head of the Federal agency, or his or her designee, including
 any non-Federal partner, as appropriate.
 (H)ConsultationThe
 Director shall regularly consult with the appropriate congressional committees
 to discuss priorities for evaluations to be conducted under subparagraph
 (A).
 (2)Research on
 foreign assistance design, implementation, evaluation, and
 effectiveness
 (A)In
 generalThe Council shall conduct research and analysis on the
 design, implementation, evaluation, and effectiveness of foreign assistance
 programs in an effort to develop innovative approaches relating to foreign
 assistance, including—
 (i)research and
 analysis aimed at developing objective methodologies for evaluating the
 effectiveness of foreign assistance programs in achieving assistance
 objectives;
 (ii)research and
 analysis aimed at identifying ways of improving coordination of foreign
 assistance programs carried out by Federal agencies, including ways of
 coordinating research and development conducted by such agencies; and
 (iii)research and
 analysis aimed at identifying approaches through which the United States
 Government can support the development of evaluation capacity in developing
 countries, and strategies to encourage the use of evaluation findings among
 different levels of decision makers and implementers.
 (B)Additional
 researchIn addition to the research conducted under subparagraph
 (A), the Council may also conduct research and analysis on—
 (i)trends relating to
 foreign assistance programs and the measures necessary to ensure continued
 progress; and
 (ii)the relative
 effectiveness of international and multilateral assistance programs receiving
 financial assistance from the United States, including programs of the World
 Bank Group, United Nations entities, and regional multilateral development
 banks, as compared to United States foreign assistance programs.
 (C)Integrated
 research and development programThe Director, in consultation
 with the Board, shall establish and implement an integrated research and
 development program that will serve as a laboratory for innovative programs
 related to foreign assistance to fulfill the objectives described in
 subparagraph (A).
 (D)PartnersIn
 conducting research and analysis under subparagraph (A), the Council shall
 partner with the academic community, implementing partners, and national and
 international institutions that have expertise in evaluation, research, and
 analysis, as appropriate.
 (E)ReportsThe
 Council shall issue reports to the appropriate congressional committees on the
 results of research conducted pursuant to subparagraph (A) that include
 recommendations to Federal agencies responsible for implementing foreign
 assistance programs on how to improve the design, implementation, and
 evaluation of such programs.
 (F)CollaborationThe
 Council shall actively collaborate with Federal agencies responsible for
 implementing foreign assistance programs by—
 (i)sharing the
 results of research conducted pursuant to subparagraph (A); and
 (ii)providing
 recommendations and advice on how to improve the design, effectiveness,
 efficiency, and innovation of such programs.
 (G)ConsultationThe
 Director shall regularly consult with the appropriate congressional committees
 to discuss priorities for research to be conducted under subparagraph
 (A).
 (3)IndependenceThe
 Council shall preserve its independence to ensure organizational autonomy,
 protection from external influence, and avoidance of conflicts of
 interest.
 (e)Council on
 Research and Evaluation of Foreign Assistance Advisory Board
 (1)EstablishmentThere
 is established a Council on Research and Evaluation of Foreign Assistance
 Advisory Board (referred to in this subsection as the
 Board).
 (2)PurposesThe
 purposes of the Board shall be—
 (A)to consult with
 the Director regarding the existing program of work of the Council, current
 evaluations that are ongoing or completed, and projected evaluations and
 activities to be undertaken by the Council; and
 (B)to serve as a
 forum for coordination and discussion of related matters pertaining to the
 Council’s operations and activities.
 (3)DutiesThe
 Board shall—
 (A)regularly consult
 with the Director regarding the activities of the Council, but may not prevent
 or prohibit the Director from initiating, carrying out, or completing any
 evaluation or analysis of any development, humanitarian, or foreign assistance
 program or activity; and
 (B)ensure
 coordination with the Office of Management and Budget in the Executive Office
 of the President.
 (4)MembershipThe
 Board shall consist of—
 (A)the Director of
 the Council, or designee;
 (B)the Secretary of
 State, or designee;
 (C)the Secretary of
 the Treasury, or designee;
 (D)the Administrator
 of the United States Agency for International Development, or designee;
 (E)the Chief
 Executive Officer of the Millennium Challenge Corporation, or designee;
 (F)the Secretary of
 Agriculture, or designee;
 (G)the Secretary of
 Defense, or designee;
 (H)the Secretary of
 Health and Human Services, or designee;
 (I)1 individual to be
 appointed by the Director;
 (J)1 officer in the
 Senior Foreign Service for the Agency for International Development or the
 Department of State with experience in the implementation of assistance
 programs;
 (K)4 individuals with
 relevant professional evaluation and international experience, who shall be
 appointed by the President, by and with the advice and consent of the Senate,
 of which—
 (i)1 individual shall
 be appointed from among a list of 3 individuals submitted by the chairman of
 the Committee on Foreign Relations of the
 Senate;
 (ii)1 individual
 shall be appointed from among a list of 3 individuals submitted by the ranking
 member of the Committee on Foreign
 Relations of the Senate;
 (iii)1 individual
 shall be appointed from among a list of 3 individuals submitted by the chairman
 of the Committee on Foreign Affairs of the
 House of Representatives; and
 (iv)1 individual
 shall be appointed from among a list of 3 individuals submitted by the ranking
 member of the Committee on Foreign Affairs of
 the House of Representatives.
 (5)Terms
 (A)Officers of the
 federal governmentEach member of the Board described in
 subparagraphs (A) through (H) of paragraph (4) shall serve for a term that is
 concurrent with the term of service of the individual’s position as an officer
 within the other Federal department or agency.
 (B)Other
 membersEach member of the Board described in subparagraphs (I)
 through (K) of paragraph (4) shall be appointed for a 3-year term and may be
 reappointed for an additional 2-year term.
 (C)VacanciesA
 vacancy in the Board shall be filled in the manner in which the original
 appointment was made.
 (6)ChairpersonThe
 members of the Board shall select from among its membership a Chairperson to
 serve a 1-year term.
 (7)Technical
 advisory groupThe Director shall have the authority to form a
 technical advisory group to provide recommendations and advise the existing
 program of work of the Council. The subgroup shall consist of the 4 members of
 the Board described in paragraph (4)(K), and additional members as
 appropriate.
 (8)QuorumA
 majority of the members of the Board shall constitute a quorum.
 (9)MeetingsThe
 Board shall meet at the call of the Chairperson but no less than
 annually.
 (10)Compensation
 (A)Officers of the
 federal government
 (i)In
 generalA member of the Board described in subparagraph (A), (B),
 (C), (D), (E), (F), (G), or (H) of paragraph (4) may not receive additional
 pay, allowances, or benefits by reason of the member’s service on the
 Board.
 (ii)Travel
 expensesEach such member of the Board shall receive travel
 expenses, including per diem in lieu of subsistence, in accordance with
 applicable provisions under subchapter I of chapter 57 of title 5, United
 States Code.
 (B)Other
 members
 (i)In
 generalExcept as provided in clause (ii), a member of the Board
 described in paragraph (4)(F)—
 (I)shall be paid
 compensation out of funds made available for the purposes of this title at the
 daily equivalent of the highest rate payable under section 5332 of title 5,
 United States Code, for each day (including travel time) during which the
 member is engaged in the actual performance of duties as a member of the Board;
 and
 (II)while away from
 the member’s home or regular place of business on necessary travel in the
 actual performance of duties as a member of the Board, shall be paid per diem,
 travel, and transportation expenses in the same manner as is provided under
 subchapter I of chapter 57 of title 5, United States Code.
 (ii)LimitationA
 member of the Board may not be paid compensation under clause (i)(II) for more
 than 90 days in any calendar year.
 (f)Director
 (1)Appointment
 (A)In
 generalThe Council shall be headed by a Director, who shall be
 appointed by the President from among the individuals recommended under
 subparagraph (B) to a 4-year term, subject to a 1-year renewal, by and with the
 advice and consent of the Senate.
 (B)SelectionWhen
 a vacancy occurs in the office of Director, the chairmen and ranking minority
 members of the Committee on Foreign
 Relations of the Senate and the
 Committee on Foreign Affairs of the House of
 Representatives shall each recommend up to 3 individuals to
 the President for appointment to the vacant office. In considering individuals
 for appointment to the office of Director, the chairmen and ranking minority
 members shall—
 (i)take into account
 the integrity and demonstrated ability of the individuals in public
 administration, international development and foreign assistance programs,
 monitoring and evaluation analysis, and all aspects of program and project
 design; and
 (ii)disregard the
 political affiliation of the individuals.
 (2)ResponsibilitiesThe
 Director shall—
 (A)be responsible for
 the management of the Council;
 (B)exercise the
 powers of the Council;
 (C)be responsible for
 initiating, carrying out, and completing any evaluation or analysis of any
 development, humanitarian, or foreign assistance program or activity;
 and
 (D)discharge the
 duties of the Council.
 (3)Rank;
 compensationThe Director shall—
 (A)have the
 equivalent rank of Under Secretary; and
 (B)be compensated at
 the rate provided for level III of the Executive Schedule under section 5314 of
 title 5, United States Code.
 (4)Additional term;
 removal
 (A)Additional
 termThe Director may be reappointed for not more than 1
 additional 4-year term.
 (B)RemovalThe
 President may remove the Director from office after submitting written
 notification to the Senate and the House of Representatives that describes the
 underlying reasons for such removal.
 (5)Conforming
 amendmentSection 5314 of title 5, United States Code, is amended
 by adding at the end the following:
 Director, Council on Research and
 Evaluation of Foreign
 Assistance.
 .
 (g)Deputy
 directorsThe Director shall appoint—
 (1)a Deputy Director
 for Evaluation, who shall be responsible for overseeing the evaluations
 conducted by the Council; and
 (2)a Deputy Director
 for Research Innovation, who shall be responsible for overseeing an integrated
 research and development program that will foster and promote innovative
 programs to improve the effectiveness of United States foreign
 assistance.
 (h)Office space,
 equipment, and suppliesEach agency head shall provide the
 Director with—
 (1)appropriate and
 adequate office space at central and field office locations of such
 agency;
 (2)such equipment,
 office supplies, and communications facilities and services as may be necessary
 for the operation of such offices; and
 (3)necessary
 maintenance services for such offices and the equipment and facilities located
 in such offices.
 (i)Personnel
 matters
 (1)Human resources
 management systemNotwithstanding any other provision of law, the
 Director may establish a human resources management system for the employees of
 the Council that provides for—
 (A)work schedule
 flexibility;
 (B)merit based
 hiring;
 (C)fair treatment
 without regard to political affiliation;
 (D)equal pay for
 equal work;
 (E)protection of
 employees against reprisal for whistle blowing;
 (F)a
 pay-for-performance evaluation system that links individual pay to
 performance;
 (G)a streamlined
 process for removing underperforming employees; and
 (H)a maximum tenure
 with the Council of 7 years.
 (2)Detail of
 personnel
 (A)From federal
 governmentUpon the request of the Director, the head of a
 Federal agency may detail any employee of such agency to the Council on a
 reimbursable basis. Any employee so detailed remains, for the purpose of
 preserving such employee's allowances, privileges, rights, seniority, and other
 benefits, an employee of the agency from which detailed.
 (B)From outside
 organizationsThe Director may accept the services of personnel
 detailed to the Council from organizations outside the Federal Government,
 including bilateral agencies, multilateral institutions, international
 organizations, think-tanks, nongovernmental organizations, institutions of
 higher education, and the private sector.
 (3)Reemployment
 rights
 (A)In
 generalAn employee of an agency who is serving under a career or
 career conditional appointment (or the equivalent), and who, with the consent
 of the head of such agency, transfers to the Council, is entitled to be
 reemployed in such employee’s former position or a position of like seniority,
 status, and pay in such agency, if such employee—
 (i)is separated from
 the Council for any reason, other than misconduct, neglect of duty, or
 malfeasance; and
 (ii)applies for
 reemployment not later than 90 days after the date of separation from the
 Council.
 (B)Specific
 rightsAn employee described in subparagraph (A)—
 (i)is entitled to be
 reemployed within 30 days after applying for reemployment; and
 (ii)once reemployed,
 is entitled to at least the rate of basic pay to which such employee would have
 been entitled had such employee never transferred to the Council.
 (4)Hiring
 authorityNot more than 5 employees of the Council may be
 appointed, compensated, or removed without regard to the civil service laws and
 regulations.
 (5)Basic
 payThe Director may fix the rate of basic pay of employees of
 the Council without regard to the provisions of chapter 51 of title 5, United
 States Code (relating to the classification of positions) or subchapter III of
 chapter 53 of such title (relating to General Schedule pay rates), except that
 no employee of the Office may receive a rate of basic pay that exceeds the rate
 for level IV of the Executive Schedule under section 5315 of such title.
 (6)Personnel
 outside the united states
 (A)Assignment to
 united states embassiesEmployees of the Council, including
 individuals detailed to or contracted by the Council, may be assigned to a
 United States diplomatic mission or consular post or a United States Agency for
 International Development field mission for purposes of assignments related to
 activities or programs of the Council.
 (B)Overseas
 benefitsEach employee of the Council, including any individual
 detailed to or contracted by the Council, and the members of the family of such
 employee, while the employee is performing duties in any country or place
 outside the United States, shall be afforded the same benefits enjoyed by
 members of the Foreign Service, or the family of a member of the Foreign
 Service, as appropriate.
 (C)Responsibility
 of chief of missionEmployees of the Council, including
 individuals detailed to or contracted by the Council, and members of the
 families of such employees, shall be subject to section 207 of the Foreign
 Service Act of 1980 (22 U.S.C. 3927) in the same manner as United States
 Government employees while the employee is performing duties in any country or
 place outside the United States if such employee or member of the family of
 such employee is not a national of or permanently resident in such country or
 place.
 (j)Public
 disclosure
 (1)In
 generalNot less frequently than quarterly, the Council shall
 make publicly available—
 (A)the findings and
 conclusions of all the reports and studies completed by the Council since the
 most recent public disclosure;
 (B)information
 regarding funds allocated or transferred by the Council under this
 section;
 (C)the name of each
 United States Government agency with management responsibility for the
 activities that were evaluated; and
 (D)a description of
 the program or project carried out by the agencies described in subparagraph
 (C).
 (2)DisseminationThe
 information required to be disclosed under paragraph (1) shall be made
 available to the public—
 (A)through
 publication in the Federal Register;
 (B)on the Internet
 Web site of the Council; and
 (C)by any other
 methods that the Director determines to be appropriate.
 (k)Report on
 projected evaluationsNot later than December 31, 2010, and
 November 1 thereafter, the Director shall submit a report to the appropriate
 congressional committees that includes a projected list of evaluations for the
 current fiscal year.
 (l)Report on
 methodologies and best practices
 (1)Initial
 reportNot later than September 30, 2011, the Director shall
 submit a report to each Federal Agency responsible for implementing foreign
 assistance programs and to the appropriate congressional committees that
 details recommended methodologies and best practices for use in evaluating the
 effectiveness of United States Government foreign assistance programs.
 (2)Regular
 updatesThe Director shall regularly update the methodologies
 recommended in the report submitted under paragraph (1) to account for
 developments and trends in foreign assistance programs.
 (3)Biennial
 reportNot later than 2 years after the submission of the report
 under paragraph (1), and biennially thereafter, the Director shall submit, to
 each Federal agency responsible for implementing foreign assistance programs
 and to the appropriate congressional committees, a report that contains updates
 to its recommended methodologies and best practices for use in evaluating the
 effectiveness of United States Government foreign assistance programs.
 (m)Annual
 report
 (1)In
 generalNot later than February 15, 2011, and each February 15
 thereafter, the Director shall submit a report to the appropriate congressional
 committees that includes—
 (A)the specific
 programs, projects, and activities that were evaluated by the Council;
 and
 (B)other activities
 carried out by the Council during the most recently completed fiscal
 year.
 (2)Joint
 submissionThe report described in paragraph (1) may be submitted
 with the budget justification materials submitted to Congress with the
 President’s budget under section 1105(a) of title 31, United States
 Code.
 (n)Strategic
 plan
 (1)SubmissionEvery
 2 years, the Director shall submit a strategic plan for the activities of the
 Council to the appropriate congressional committees.
 (2)ContentsThe
 strategic plan required under paragraph (1) shall include—
 (A)the long-term
 strategic goals of the Council;
 (B)the identification
 of the activities and programs that support—
 (i)the achievement of
 the Council’s strategic goals; and
 (ii)opportunities
 that hold the potential for yielding significant development or foreign
 assistance benefits; and
 (C)the connection of
 the activities and programs of the Council to activities and missions of United
 States foreign assistance programs.
 (o)Government
 Accountability Office reportNot later than 6 years after the
 date of the enactment of this Act, the Comptroller General of the United States
 shall submit a report to the appropriate congressional committees that
 contains—
 (1)a review of, and
 comments addressing, the performance and overall effectiveness of the Council’s
 activities, programs and general operations;
 (2)an assessment of
 how effectively the Council has implemented its stated objectives and adhered
 to and accomplished the purposes and duties described in subsections (c) and
 (d);
 (3)recommendations
 relating to any additional actions the Comptroller General recommends to
 improve the Council’s performance, activities and operations; and
 (4)assess the impact
 of the Council on the workload of the International Affairs Division of the
 Government Accountability Office.
 (p)Administrative
 authorities of the CouncilIn addition to the authority otherwise
 provided under this section, the Council, in carrying out the provisions of
 this section, is authorized—
 (1)to select,
 appoint, and employ such officers and employees as may be necessary for
 carrying out the functions, powers, and duties of the Council;
 (2)to obtain services
 authorized by section 3109 of title 5, United States Code, at daily rates not
 to exceed the equivalent rate prescribed for grade GS–18 of the General
 Schedule under section 5332 of such title;
 (3)to the extent, and
 in such amounts as may be appropriated in advance—
 (A)to make and
 perform such contracts, grants, and other agreements for audits, studies,
 evaluations, analyses, and other services with—
 (i)public
 agencies;
 (ii)any private
 entity or person in the United States or in a candidate country; and
 (iii)governmental
 agencies of any such country that is undertaking research that supports the
 work of the Council, as appropriate; and
 (B)to make such
 payments as may be necessary for carrying out the functions of the
 Council;
 (4)to adopt, alter,
 and use a seal, which shall be judicially noticed;
 (5)to determine and
 prescribe the manner in which its obligations shall be incurred and its
 expenses allowed and paid, including expenses for representation;
 (6)to lease,
 purchase, or otherwise acquire, improve, and use such real property wherever
 situated, as may be necessary for carrying out the functions of the
 Council;
 (7)to accept cash
 gifts or donations of services or of property, tangible or intangible, for the
 purpose of carrying out the provisions of this section, as it relates to
 public-private partnerships;
 (8)to use the United
 States mails in the same manner and on the same conditions as executive
 agencies;
 (9)to enter into
 personal services contracts with individuals, who shall not be considered
 Federal employees for any provision of law administered by the Office of
 Personnel Management;
 (10)to hire or obtain
 passenger motor vehicles; and
 (11)to have such
 other powers as may be necessary and incident to carrying out this
 section.
 (q)Other
 authoritiesExcept to the extent inconsistent with the provisions
 of this section, the administrative authorities contained in the State
 Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the
 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the
 implementation of this section to the same extent and in the same manner as
 such authorities apply to the implementation of such Acts.
 (r)Applicability of
 the Government Corporation Control Act
 (1)In
 generalThe Council shall be subject to chapter 91 of subtitle VI
 of title 31, United States Code, except that the Council shall not be
 authorized to issue obligations or offer obligations to the public.
 (2)Conforming
 amendmentSection 9101(3) of title 31, United States Code, is
 amended by adding at the end the following:
 (S)the Council on
 Research and Evaluation of Foreign
 Assistance.
 .
 (s)Inspector
 general
 (1)In
 generalThe Inspector General of the Agency for International
 Development—
 (A)shall serve as
 Inspector General for the Council; and
 (B)in acting in such
 capacity, may conduct reviews, investigations, and inspections of all aspects
 of the operations and activities of the Council.
 (2)ReimbursementThe
 Council shall reimburse the Agency for International Development for all
 expenses incurred by the Inspector General in connection with the Inspector
 General’s responsibilities under this subsection.
 (t)Authorization of
 appropriationsThere are authorized to be appropriated to carry
 out this section the following amounts:
 (1)$30,000,000 for
 fiscal year 2011.
 (2)$35,000,000 for
 fiscal year 2012.
 (3)$40,000,000 for
 fiscal year 2013.
 (4)$45,000,000 for
 fiscal year 2014.
 (5)$50,000,000 for
 fiscal year 2015.
 (6)$55,000,000 for
 fiscal year 2016.
 (u)Effective
 dateThis section shall be effective during the 7 year period
 beginning on the date of the enactment of this Act.
 7.Comprehensive
 workforce and human resources strategy for the United States Agency for
 International Development
 (a)Comprehensive
 workforce and human resources strategy for the United States Agency for
 International DevelopmentThe Administrator shall develop and
 implement a comprehensive workforce and human resources strategy for the Agency
 to support the objective of promoting development and reducing global
 poverty.
 (b)ScopeThe
 strategy required under subsection (a) shall be a strategy for modernizing the
 workforce of the United States Agency for International Development in support
 of foreign assistance and policy priorities, and shall—
 (1)determine
 long-term Agency personnel priorities, including priorities over 5- and 10-year
 time periods;
 (2)identify career
 professional development programs for all personnel, including training,
 language, and education, interagency and intergovernmental rotations, and
 assignment opportunities outside the United States Government;
 (3)include an
 assessment of future development and foreign policy priorities and the
 implications of such priorities for technical and policy expertise, including
 how to meet future unanticipated demands brought about by manmade and natural
 disasters;
 (4)include an
 overseas facilities and security assessment examining the implications of such
 facilities and security for personnel increases;
 (5)include the
 appropriateness of regional platforms to perform necessary Agency functions and
 to provide services to other donors and organizations;
 (6)consider
 structural reform options to professionalize the human resource capacity of the
 Agency, including options to outsource the entirety of the human resource
 capacity of the Agency; and
 (7)address the means
 to enable the Agency to access cutting-edge technical and managerial
 expertise.
 (c)Factors To
 considerIn developing the strategy required under subsection
 (a), the Administrator shall, among other things—
 (1)examine the
 objectives the Agency is mandated to fulfill, and assess whether its current
 workforce model effectively supports the goals of the Agency;
 (2)review the
 Agency's workforce evolution and identify the additional program demands that
 have been placed on the workforce in the past 10 years;
 (3)examine different
 personnel and workforce management models from other United States Government
 agencies, international organizations, and the private sector and determine the
 comparative advantages the models might offer and whether they would allow the
 Agency to better structure its workforce to carry out its responsibilities and
 meet the challenges of a changing environment;
 (4)examine different
 bureaucratic and legislative constraints facing the Agency in implementing a
 comprehensive workforce planning and management system and how these
 constraints can be addressed, including—
 (A)which limitations,
 if any, currently exist that prevent the Agency from hiring the right people
 for the right positions in a timely manner, including mid-level hires and
 reentry of mid-level professionals into the Agency; and
 (B)how this compares
 with other organizations, such as the Department of State and the Millennium
 Challenge Corporation (MCC), and how the Agency compares to the Department of
 State and the MCC in its ability to attract and retain high caliber
 professionals;
 (5)examine the
 advantages and disadvantages of the Agency’s use of contractors in the last 10
 years to carry out its core mission and management responsibilities;
 (6)assess the scope
 and effectiveness of training, including the availability of language training,
 for Agency personnel, and the extent to which available trainings support
 carrying out Agency objectives; and
 (7)present a cost
 analysis for using a contracting model versus a direct hire model and determine
 the cost savings and consequences that could result from the elimination of
 institutional contractors and the hiring of the same professionals as personal
 services contractors.
 (d)Workforce and
 human resources task force
 (1)In
 generalThe Administrator shall establish a workforce and human
 resources task force that will participate in the development of the workforce
 and human resources strategy required under subsection (b) and will consult
 with, and provide information and advice to, senior management of the Agency on
 matters and issues related to workforce planning, human resource recruitment
 and training, and other personnel issues as the Agency develops and implements
 the workforce and human resources strategy.
 (2)CompositionThe
 task force shall be composed of 9 members as follows:
 (A)Four senior career
 professionals of the Agency from different personnel backgrounds, at least 2 of
 whom shall be from Foreign Service, appointed by the Administrator.
 (B)One senior
 official from the Department of State appointed by the Secretary.
 (C)One senior
 official from the Office of Personnel Management appointed by the Director of
 the Office of Personnel Management.
 (D)Three
 professionals outside the United States Government noted for their knowledge
 and experience in personnel and human resource issues, appointed by the
 Administrator in consultation with the Senate.
 (3)Deadline for
 appointmentsAll members of the task force shall be designated
 not later than 60 days after the date of the enactment of this Act.
 (4)TerminationThe
 task force shall terminate 2 years after the enactment of this Act.
 (e)Reports
 (1)Initial
 reportNot later than 1 year after the date of the enactment of
 this Act, the Administrator shall submit to the appropriate congressional
 committees the strategy required under subsection (a).
 (2)Government
 Accountability Office reportNot later than 120 days after the
 submission of the initial strategy under paragraph (1), the Comptroller General
 of the United States shall submit to the appropriate congressional committees a
 report that contains—
 (A)a review of, and
 comments addressing, the strategy submitted under paragraph (1); and
 (B)recommendations
 relating to any additional actions the Comptroller General recommends to
 improve the strategy and its implementation.
 (3)Subsequent
 reportsNot later than 2 years after the submission of the
 initial strategy under paragraph (1), and every 2 years thereafter until 2021,
 the Administrator shall transmit to the appropriate congressional committees an
 updated strategy—
 (A)assessing progress
 made during the preceding 2 years toward implementing the strategy required
 under this section and meeting the specific goals, benchmarks, and time frames
 specified in the strategy required under subsection (a);
 (B)identifying legal
 or other impediments to achieving those objectives and recommendations for
 addressing those impediments; and
 (C)describing
 modifications to the strategy based upon the Agency’s experience during the
 previous 2 years and any revisions to the policy, program, financial or other
 assumptions that were the basis for the current strategy.
 (f)Outside
 assistanceTo assist in the development, formulation, and
 implementation of the workforce and human resources strategy, the Administrator
 shall contract with an independent organization—
 (1)to help the Agency
 assess current human resource capacity;
 (2)to review how its
 human resource capacity matches up against Agency mandates and policy
 priorities;
 (3)to compare the
 Agency’s current human resource system and practices with best practices of
 other organizations, public and private;
 (4)to provide a set
 of recommendations to facilitate structural reform to the Agency’s human
 resources bureau; and
 (5)to assist with
 other issues related to supporting the development of the workforce and human
 resources strategy.
 (g)Availability of
 fundsAmounts made available to carry out section 667 of the
 Foreign Assistance Act of 1961 (22 U.S.C. 2427) shall be made available to
 carry out subsection (f).
 8.Personnel and
 human resources
 (a)Career
 professional developmentChapter 2 of part III of the Foreign
 Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by inserting after
 section 630 the following new section:
 630A.Interagency
 and international organization rotations
 (a)Rotations
 (1)Career
 guidelinesThe Administrator shall establish career guidelines
 for Foreign Service officers and civil service officers that incorporate
 interagency, intergovernmental, or international organization rotational
 assignments. The guidelines established under this paragraph shall
 include—
 (A)selection;
 (B)professional
 education and training;
 (C)types of relevant
 interagency, intergovernmental, and international organization assignments;
 and
 (D)such other matters
 as the Administrator considers appropriate.
 (2)Promotions to
 senior ranksNot later than 2 years after the date of the
 enactment of this Act, the Administrator shall establish additional guidelines
 that consider participation by relevant officers in at least 1 interagency,
 intergovernmental, or international organizational rotational assignment of at
 least 6 months as a factor for promotion into the ranks of the Senior Foreign
 Service or Senior Executive Service.
 (3)Promotion policy
 objectives for assignments to interagency, intergovernmental, and international
 organizations
 (A)QualificationsThe
 Administrator shall ensure that promotion precepts and promotion panels do not
 penalize officers who have been assigned to interagency, intergovernmental or
 international organizations.
 (B)ReportThe
 Administrator shall provide an annual report to the appropriate congressional
 committees that—
 (i)specifies the
 aggregate number of officers and the promotion rates of officers who are
 serving in, or have served in, interagency, intergovernmental, or international
 organization rotational assignments; and
 (ii)details efforts
 to meet the objectives described in paragraph (1).
 (b)External
 training and educational opportunitiesIt is the sense of
 Congress that—
 (1)the Administrator
 of the United States Agency for International Development should augment and
 expand external training and educational opportunities for Foreign Service and
 civil service personnel and expand opportunities for work assignments to
 entities outside the United States Government;
 (2)a strong
 development agency should have a knowledgeable and capable workforce that is
 familiar with and has access to cutting edge development practices,
 methodologies, ideas, work experience, and programs; and
 (3)the Administrator
 of the United States Agency for International Development should ensure that
 personnel of the Agency have opportunities during their careers to obtain a
 range of knowledge-building work experiences and advanced education and
 training in academic and other relevant institutions in the United States and
 abroad to increase the capacity of the Agency to fulfill its
 mission.
 .
 (b)ReportNot
 later than 1 year after the date of the enactment of this Act, the
 Administrator of the United States Agency for International Development shall
 submit to the appropriate congressional committees a report on efforts to
 facilitate and promote external training and educational opportunities for
 Foreign Service and civil service personnel, including—
 (1)a description of
 the internal process of securing such opportunities and the number of officers
 who have undertaken such external trainings in the past year; and
 (2)a description of
 actions the Administrator has taken or plans to take to further expand and
 facilitate external training and educational opportunities.
 9.Strengthening
 development coordination in the field
 (a)In
 generalSection 631(d) of the
 Foreign Assistance Act of 1961 (22 U.S.C. 2391) is amended to read as
 follows:
 (d)Coordination of
 development assistance activitiesUnder the overall direction of
 the chief of the United States diplomatic mission, the chief of each special
 mission carrying out the purposes of part I in a country shall be responsible
 for the coordination of all development and humanitarian efforts of the United
 States Government in such country. Such activities shall include all
 development and humanitarian activities from funds made available to carry out
 the provisions of this or any other
 Act.
 .
 (b)Sense of
 Congress on modernizing USAID missions for the 21st CenturyIt is
 the sense of Congress that—
 (1)the role of the
 United States Agency for International Development (USAID) and foreign
 assistance continues to evolve to meet emerging challenges, new priorities,
 changing circumstances, and augmented roles and responsibilities;
 (2)the environment in
 which our foreign assistance and development agencies operate is dramatically
 different than the Cold War environment in which they were created;
 (3)despite the new
 and changing of USAID circumstances, the United States Government has not
 significantly updated the basic USAID mission structure since it was first
 established in 1961; and
 (4)to reflect
 evolving threats, opportunities and challenges in the 21st century, USAID
 should undertake a comprehensive examination of the mission structure, with
 special attention to staffing, authorities, the balance between Washington,
 District of Columbia, and the field, and management best practices.
 (c)ReportNot
 later than 18 months after the date of the enactment of this Act, the
 Administrator of the United States Agency for International Development shall
 submit to the appropriate congressional committees a report on modernizing
 USAID missions for the 21st century, including—
 (1)whether missions
 are staffed and well suited for current and emerging roles and
 responsibilities;
 (2)whether the
 management and organizational structure provide the required flexibility while
 providing effective oversight of programs;
 (3)whether the level
 of centralized versus decentralized decisionmaking is appropriate for the
 current and emerging context in which the mission is working;
 (4)whether there is
 sufficient flexibility in terms of personnel to address fluctuations in funding
 for programs, and if not, what type of flexibility would be helpful;
 (5)whether up-to-date
 technical expertise and lessons from prior projects are being systematically
 incorporated into new program design;
 (6)whether missions
 of USAID are appropriately focused on bilateral and multilateral donor
 coordination and whether this is a priority for USAID personnel;
 (7)what the
 appropriate relationship and balance are between USAID missions and the broader
 United States mission in a country;
 (8)how effectively
 USAID is able to coordinate with the Department of Defense, especially as the
 Department of Defense implements an increasing number of development and
 humanitarian programs;
 (9)whether the
 existing structure of the United States foreign assistance system allows for
 proper coordination between different Federal departments and agencies
 implementing foreign assistance and development programs to avoid duplication
 of effort; and
 (10)what obstacles
 exist to more effective coordination, including what structural or
 organizational improvements would assist with more effective
 coordination.
 10.Transparency of
 United States foreign assistance
 (a)Sense of
 Congress on transparency of assistanceIt is the sense of
 Congress that—
 (1)United States
 citizens and recipients of United States foreign assistance should, to the
 maximum extent practicable, have full access to information on United States
 foreign assistance; and
 (2)to the extent
 possible, United States Government agencies, departments, and institutions
 should undertake preparatory consultations with relevant outside stakeholders
 in a transparent and full manner in the course of formulating policies and
 strategies related to foreign assistance and development.
 (b)Public
 availability of Information
 (1)In
 generalThe President shall direct all Federal departments and
 agencies to make publicly available on their Web sites comprehensive, timely,
 comparable, and accessible information on United States foreign assistance. The
 information shall be presented on a detailed program-by-program basis and
 country-by-country basis.
 (2)ContentTo
 ensure transparency, accountability, and effectiveness of United States foreign
 assistance, the information on United States foreign assistance published and
 made available under paragraph (1) shall include annual budget presentations
 and justifications of any programs or projects that provide foreign assistance
 by any Federal department or agency. In the event that detailed information is
 classified, an unclassified summary shall be posted and the classified details
 shall be submitted separately to the appropriate congressional
 committees.
 (3)Timely
 availability of informationThe President shall direct the head
 of each Federal department and agency providing United States foreign
 assistance to ensure that the information required under this subsection is
 made available on no less than an annual basis at the time the President’s
 annual budget is released. Data that is of a provisional nature shall be
 updated when actual figures are available.
 (c)Sense of
 multilateral effortsIt is the sense of Congress that, in order
 to best assess the use and impact of United States foreign assistance in
 relation to funding provided by other donor nations and recipient countries,
 the President should fully engage with and participate in the International Aid
 Transparency Initiative, established on September 4, 2008, at the Accra High
 Level Forum on Aid Effectiveness.
 11.Operating
 expenses
 (a)FindingsCongress
 makes the following findings:
 (1)The separate
 account created by Congress in 1976 to authorize and appropriate funds for all
 operating expenses of the United States Agency for International Development
 has been an important tool to ensure transparency of administrative costs and
 accountability of funds.
 (2)Funding for the
 operating expenses of the Agency has not kept pace with the growth of the
 Agency’s program funding and the expanded geographic and sectoral demands for
 economic assistance abroad.
 (3)As a result, this
 has caused the Agency in certain cases to fund selected administrative costs
 out of program funds in order to properly administer, oversee, and implement
 its programs and activities, thus detracting from the goals of increased
 transparency and accountability that establishment of the separate operating
 expenses account was intended to foster.
 (4)A 2003 Government
 Accountability Office report on the operating expenses of the Agency noted that
 USAID’s operating expense account does not fully reflect the agency’s
 cost of doing business primarily because the agency pays for some
 administrative activities done by contractors and other nondirect-hire staff
 with program funds and that Congress has increasingly encouraged
 the Agency to use program funds to support certain administrative
 costs.
 (5)The December 2007
 HELP Commission Report on Foreign Assistance Reform—
 (A)states,
 Over time, the effectiveness of a separate OE budget has eroded. During
 the past 30 years, Congress and the Executive branch have allowed program funds
 to be used to pay for the costs of activities once funded from the OE account
 while cutting the OE budget.;
 (B)recommends
 [a]bolish[ing] the OE account and replac[ing] it with a more accurate
 accounting process,;
 (C)argues that
 the USAID OE account no longer serves a useful purpose;
 and
 (D)states,
 While it might have been constructive in bringing clarity to the cost of
 doing business in the 1970s, another system should be developed that calculates
 true administrative and management expenses, including those now funded with
 program or project funds. This new system needs to allow administrative
 expenses to be properly managed and monitored and needs to ensure that Congress
 receives clear, timely and transparent information regarding these
 expenditures..
 (6)While Congress
 concurs with the HELP Commission’s recommendation that a major reassessment of
 the scope and the continued utility of the operating expenses account structure
 is in order, Congress also believes that the urgency of the issues confronting
 Agency management in terms of hiring technical expertise and providing the
 Agency with the capacity to oversee and administer critical foreign assistance
 programs and functions, justifies providing the Agency with broader discretion
 on ways to support direct-hire staffing requirements.
 (b)Guidelines for
 program funds
 (1)In
 generalSubject to paragraph (2) and except as otherwise
 authorized by law, program funds may be used for—
 (A)travel expenses of
 all employees who are members of the Foreign Service or civil service;
 (B)salaries and
 related expenses of employees other than Foreign Service or civil service
 employees who are United States citizens; and
 (C)costs associated
 with research and policy analysis in support of programs (other than for
 salaries and benefits of employees or costs associated with contractors),
 including analysis for development assistance policy planning and for the
 design, monitoring, and evaluation of programs and activities.
 (2)NotificationThe
 Administrator shall—
 (A)submit a written
 report to the appropriate congressional committees detailing the Agency’s plan
 for managing and accounting for the funds used in accordance with the authority
 provided by paragraph (1) not later than 60 days after the date of the
 enactment of this Act; and
 (B)consult with the
 appropriate congressional committees about the use and management of such funds
 not later than 60 days after the date of the enactment of this Act.
 (c)Semiannual
 reportNot later than once every 6 months until 2013, the
 Administrator shall submit a report to the appropriate congressional committees
 that details the purpose and amount of funds obligated under the authority
 provided pursuant to subsection (b), categorized by bureau and activity.
 (d)Report on
 recommendations for operating expense reformNot later than 1
 year after the date of the enactment of this Act, the Administrator, in
 coordination with the workforce and human resources task force established
 pursuant to section 7(d), shall submit a report to the appropriate
 congressional committees that contains—
 (1)recommendations
 and detailed justifications for streamlining and improving the efficiency of
 how the Agency uses operating expenses, including recommendations for
 alternative models and approaches;
 (2)recommendations
 and detailed justifications for increasing the transparency of Agency operating
 expenses;
 (3)an assessment of
 how the operating expenses account has affected Agency performance in support
 of program goals and objectives; and
 (4)an assessment of
 how the operating expenses account has affected human resources and personnel
 of the Agency, including a discussion of the proliferation of new hiring
 authorities and increased reliance on contractors to handle the core business
 of the Agency.
 1.Short title; table of
 contents
 (a)Short
 titleThis Act may be cited
 as the Foreign Assistance
 Revitalization and Accountability Act of 2009.
 (b)Table of
 contentsThe table of contents for 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.
 2.DefinitionsIn this Act:
 (1)AdministratorExcept
 as otherwise provided, the term Administrator means the
 Administrator of the United States Agency for International Development.
 (2)AgencyExcept
 as otherwise provided, the term Agency means the United States
 Agency for International Development.
 (3)Appropriate
 congressional committeesThe term appropriate congressional
 committees means the Committee on Foreign Relations of the Senate and
 the Committee on Foreign Affairs of the House of Representatives.
 (4)SecretaryExcept
 as otherwise provided, the term Secretary means the Secretary of
 State.
 3.FindingsCongress makes the following
 findings:
 (1)Poverty, hunger, lack of
 opportunity, gender inequality, and environmental degradation are recognized as
 significant contributors to—
 (A)socioeconomic and
 political instability; and
 (B)the exacerbation of
 pandemics and other global health threats.
 (2)The 2006 National
 Security Strategy of the United States notes, America’s national
 interests and moral values drive us in the same direction: to assist the
 world’s poor citizens and least developed nations and help integrate them into
 the global economy..
 (3)The bipartisan Final
 Report of the National Commission on Terrorist Attacks Upon the United States
 (9/11 Commission Report) recommends, A comprehensive United States
 strategy to counter terrorism should include economic policies that encourage
 development, more open societies, and opportunities for people to improve the
 lives of their families and enhance prospects for their
 children..
 (4)The alleviation of
 poverty and hunger is in the national interest of the United States. It
 improves United States security by mitigating the underlying causes of violence
 and extremism, addresses threats like climate change and pandemic disease,
 expands economic opportunities for producers and consumers in the United
 States, demonstrates United States leadership to the world, and represents the
 values, humanitarianism, and generosity of the American people.
 (5)Elevating the standing of
 the United States in the world represents a critical and essential element for
 any strategy to improve national and global security by mitigating the root
 causes of conflict and multinational terrorism, strengthening diplomatic and
 economic relationships, preventing global climate change, curbing weapons
 proliferation, and fostering peace and cooperation between all nations.
 (6)Currently the global
 development policies and programs of the United States Government are scattered
 across 12 different Federal departments, 25 different Federal agencies, and
 nearly 60 Federal Government offices. The current law governing foreign
 assistance is outdated, cumbersome, and lacks relevance for modern challenges,
 articulating at least 140 broad priorities for United States development
 efforts, with at least 400 specific directives on how to implement those broad
 priorities. Moreover, it allows the budget process to drive priorities, rather
 than setting clear priorities that drive resource decisions.
 (7)The international and
 domestic challenges of the 21st century—including transnational threats such as
 economic instability, terrorism, climate change, and disease—cannot be met with
 a foreign assistance apparatus that was created to confront the challenges of
 the 20th century. The cornerstone for a new foreign assistance architecture
 begins with reform of the Foreign Assistance Act of 1961 that ensures a
 rationalized organizational structure for a strengthened development agency, a
 concise set of development priorities, rebuilt human resource capacity,
 strengthened monitoring and evaluation, reinvigorated policy and intellectual
 expertise, with sufficient resources and commensurate accountability to achieve
 key foreign assistance goals.
 (8)President Barack Obama
 has expressed a commitment to cut extreme poverty and hunger around the world
 in half, and to increase the level of United States foreign assistance to meet
 that goal.
 4.Statement of
 policyIt is the policy of the
 United States, given the importance of global prosperity and security to the
 national interests of the United States, to promote sustainable global
 development, good governance, and the reduction of poverty and hunger. In
 support of this policy, a reform and rebuilding process should be initiated
 that will redefine the United States foreign assistance architecture and
 strengthen the capacity of the United States Agency for International
 Development and related agencies to establish effective and sustainable
 development policies and implement innovative and effective foreign assistance
 programs with maximum impact.
 5.Policy and strategic
 planning
 (a)Sense of congress on
 building the policy capacity of USAIDIt is the sense of Congress
 that—
 (1)there has been too little
 emphasis in recent years in developing the capacity of the Agency to formulate
 international development policy and to integrate important policy initiatives
 and innovative policy concepts into Agency programs and activities;
 (2)the Agency should
 increase its emphasis on recruiting, hiring, training, and enhancing
 professional officers who will support the Agency’s role in formulating
 development policy and enhancing innovative solutions to development
 challenges;
 (3)there is a particular
 need to strengthen policy formulation and development in missions worldwide, in
 addition to strengthening the capacity of the Agency to address policy issues
 in headquarters in Washington, District of Columbia, which should be dealt with
 by deploying policy officers to missions worldwide; and
 (4)a Bureau for Policy and
 Strategic Planning should ensure that policy concepts and priorities are
 appropriately integrated into all programs and activities undertaken by the
 Agency.
 (b)Establishment of USAID
 positions To build policy and strategic planning capacity
 (1)Deputy Administrator of
 the United States Agency for International DevelopmentSection
 624 of the Foreign Assistance Act of 1961 (22 U.S.C. 2384) is amended by
 inserting after subsection (c) the following new subsection:
 (d)Deputy
 AdministratorsThere shall be in the United States Agency for
 International Development, among the statutory officers authorized by
 subsection (a), not more than 2 Deputy Administrators, who shall assist the
 Administrator in all
 matters.
 .
 (2)Assistant Administrator
 for Policy and Strategic PlanningSuch section is further amended
 by adding at the end the following new subsection:
 (f)Assistant Administrator
 for Policy and Strategic PlanningThere shall be in the United
 States Agency for International Development, among the statutory officers
 authorized by subsection (a), an Assistant Administrator for Policy and
 Strategic Planning, who shall assist the Administrator and Deputy
 Administrators in matters related to policy planning, strategic planning,
 program design, research, evaluation, budget allocation and management, and in
 other
 matters.
 .
 (3)Clerical
 amendmentSubsection (a) of such section is amended by striking
 twelve and inserting fourteen.
 (c)Bureau for Policy and
 Strategic PlanningChapter 2 of part III of the Foreign
 Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by inserting after
 section 624 the following new section:
 624A.Bureau for Policy and
 Strategic Planning
 (a)EstablishmentThere is established in the United States
 Agency for International Development a Bureau for Policy and Strategic Planning
 (referred to in this section as the Bureau).
 (b)DutiesThe
 primary duties of the Bureau shall include the following:
 (1)Developing and
 formulating United States Government policy on development issues in support of
 United States policy objectives.
 (2)Ensuring long-term
 strategic planning and direction for overall development policy and programs,
 as well as across regions and sectors.
 (3)Designing and conducting
 significant research and evaluation on development and aid
 effectiveness.
 (4)Establishing resource and
 workforce allocation criteria.
 (5)Guiding overall budget
 decisions and reviewing bureau-specific resource allocations, workforce
 allocations, operational planning, and program decisions.
 (6)Integrating monitoring
 and evaluation into overall decisionmaking and strategic
 planning.
 .
 (d)Office for Learning,
 Evaluation, and Analysis in DevelopmentChapter 2 of part III of
 the Foreign Assistance Act of 1961 (22 U.S.C. 2381 et seq.), as amended by
 subsection (c), is further amended by inserting after section 624A the
 following:
 624BOffice for Learning,
 Evaluation, and Analysis in Development
 (a)Sense of Congress on
 analysis and evaluationIt is the sense of Congress that—
 (1)achieving United States
 foreign policy objectives requires the consistent and systematic evaluation of
 the impact of United States foreign assistance programs and analysis on what
 programs work and why, when, and where they work;
 (2)the design of assistance
 programs and projects should include the collection of relevant data required
 to measure outcomes and impacts;
 (3)the design of assistance
 programs and projects should reflect the knowledge gained from evaluation and
 analysis;
 (4)a culture and practice of
 high quality evaluation should be revitalized at agencies managing foreign
 assistance programs, which requires that the concepts of evaluation and
 analysis are used to inform policy and programmatic decisions, including the
 training of aid professionals in evaluation design and implementation and the
 use of new and innovative technologies, as appropriate and feasible;
 (5)the effective and
 efficient use of funds cannot be achieved without an understanding of how
 lessons learned are applicable in various environments, and under similar or
 different conditions; and
 (6)project evaluations
 should be used as sources of data when running broader analyses of development
 outcomes and impacts.
 (b)EstablishmentThere
 is established in the Bureau for Policy and Strategic Planning an Office for
 Learning, Evaluation, and Analysis in Development (referred to in this section
 as the Office), which shall be under the management of the
 Assistant Administrator for Policy and Strategic Planning.
 (c)DutiesThe
 duties of the Office shall be to—
 (1)develop, design,
 coordinate, guide, and conduct the complete range of activities relating to the
 monitoring of resources, the evaluation of projects, the evaluation of program
 impacts, and analysis that is necessary for the identification of findings,
 generalizations that can be derived from those findings, and their
 applicability to proposed project and program design;
 (2)serve as a resource to
 the United States Agency for International Development, other government
 entities, implementing partners, the academic community, the donor community,
 and host governments in the design of programs and projects;
 (3)serve as an authoritative
 voice in linking evaluation and research results to strategic planning and
 policy options;
 (4)design a strategy for
 strengthening evaluation and research for foreign assistance programs managed
 by the United States Agency International Development;
 (5)develop the scope and
 guidelines for evaluation and research that are multidisciplinary in
 nature;
 (6)establish annual
 evaluation and research agendas and objectives that are responsive to policy
 and programmatic priorities;
 (7)guide the use of rigorous
 methodologies, choosing from among a wide variety of qualitative and
 quantitative methods common in the field of social scientific inquiry;
 (8)coordinate the evaluation
 processes of bureaus and missions of the United States Agency for International
 Development;
 (9)develop and implement a
 training plan on evaluation and research for aid personnel;
 (10)make recommendations to
 the Assistant Administrator for Policy and Strategic Planning on linking
 evaluation and research findings to policy and strategic planning
 options;
 (11)develop a clearinghouse
 capacity for the dissemination of knowledge and lessons learned to USAID
 professionals, implementing partners, the international aid community, and aid
 recipient governments, and as a repository of knowledge on lessons
 learned;
 (12)distribute evaluation
 and research reports internally and make this material available online to the
 public; and
 (13)partner with the
 academic community, implementing partners, and national and international
 institutions that have expertise in evaluation and analysis when such
 partnerships will provide needed expertise or will significantly improve the
 evaluation and analysis.
 (d)Subordinate
 unitsThe Administrator may create such subordinate units as may
 be necessary for the performance of duties described in paragraphs (9) and (11)
 of subsection (c).
 (e)Technical
 expertiseIf the Assistant Administrator determines that the
 Office requires expertise that is of a technical nature and is outside the
 expertise of the Agency for International Development, such expertise may be
 accessed through existing contracting authorities.
 (f)MonitoringEvaluation
 and analysis activities of the Office shall be in addition to, but not
 duplicative of, existing monitoring activities as provided under existing
 law.
 (g)CoordinationThe
 Office should closely coordinate and consult with the Council on Research and
 Evaluation of Foreign Assistance to ensure consistency of approach toward
 evaluation, research, analysis, and related activities.
 (h)Annual reports to
 Congress
 (1)In
 generalNot later than 1 year after the date of the enactment of
 this Act, and not later than December 31 of each year thereafter, the
 Administrator shall submit to the appropriate congressional committees a report
 on the work of the Office.
 (2)ContentThe
 report required under paragraph (1) shall include—
 (A)a copy of the annual
 evaluation and research agenda for the preceding year;
 (B)a description of the
 evaluation activities conducted in the preceding year;
 (C)a description of training
 activities conducted in the preceding year;
 (D)a forecast of evaluation
 and research planned for the following year; and
 (E)a description of the ways
 in which the results of evaluations have informed the design and operation of
 agency policies and programs during the year.
 (i)Authorization of
 appropriationsThere are authorized to be appropriated to the
 United States Agency for International Development $5,000,000 for fiscal year
 2010 and such sums as may be necessary for fiscal year 2011.
 (j)DefinitionsIn
 this section:
 (1)AnalysisThe
 term analysis means the comparative study of evaluations conducted
 over a period of time, in varying locations, and under varying conditions that
 produces generalized findings and explanations of outcomes and assesses their
 applicability to proposed project and program design.
 (2)EvaluationThe
 term evaluation means the full range of activities designed to
 assess the efficiency and effectiveness of inputs and processes on outputs,
 results, and outcomes of various projects, programs, and activities.
 (3)OutcomeThe
 term outcome means any change occurring during the course of a
 project, program, or activity, including changes that cannot be attributed
 directly to the project, program, or activity.
 (4)OutputsThe
 term output means the products, capital, goods, and services that
 result from a project, program, or
 activity.
 .
 6.Council on Research and
 Evaluation of Foreign Assistance
 (a)FindingsCongress
 makes the following findings:
 (1)The American public and
 Congress must have confidence that—
 (A)Federal funds allocated
 for foreign assistance programs are used efficiently and effectively;
 and
 (B)funding allocations and
 programs are linked to clearly defined policy objectives.
 (2)The December 2007 HELP
 Commission Report on Foreign Assistance Reform states, [T]he systems our
 government uses to evaluate development and humanitarian assistance programs
 are either in disarray or do not exist. Current systems tend to focus more on
 outputs, such as counting how many books are delivered to a school, rather than
 on outcomes, such as measuring how many children can actually read. Indeed, out
 of 26,285 impact evaluations that USAID conducted between 1996 and 2005, only
 30 measured the impact of projects..
 (3)The HELP Commission also
 recommends that the United States Government reestablish an independent Office
 of Monitoring and Evaluation responsible for foreign assistance operations and
 provide the office with sufficient funding to monitor and evaluate performance
 that should be accountable to Congress and to the executive branch.
 (b)EstablishmentThere
 is established in the executive branch the Council on Research and Evaluation
 of Foreign Assistance (referred to in this section as the
 Council).
 (c)PurposesThe
 purposes of the Council shall be—
 (1)to evaluate the impact of
 United States Government foreign assistance programs and their contribution to
 policy, strategies, projects, program goals, and priorities undertaken by the
 United States Government in support of foreign policy objectives; and
 (2)to cultivate an
 integrated research and development program that will—
 (A)incorporate best
 practices from evaluation studies and analyses; and
 (B)foster and promote
 innovative programs to improve the effectiveness of United States foreign
 assistance.
 (d)Duties and
 authorities
 (1)Evaluations of united
 states government foreign assistance programs and international and
 multilateral assistance programs receiving financial assistance from the united
 states
 (A)AuthorizationThe
 Council is authorized to conduct evaluations, on a program-by-program basis,
 of—
 (i)the effectiveness of
 foreign assistance programs carried out by any United States Government
 agency;
 (ii)the impact of foreign
 assistance programs of any United States Government agency on the effectiveness
 of the foreign assistance programs of any other United States Government
 agency; and
 (iii)the effectiveness of
 international and multilateral assistance programs receiving financial
 assistance from the United States.
 (B)Impact
 assessmentEvaluations conducted under subparagraph (A) shall
 assess the impact of the programs described in clauses (i) and (ii) of
 subparagraph (A) and their contribution to policy, strategies, projects,
 program goals, and priorities of the United States Government.
 (C)Selection
 criteriaThe Director, in consultation with the Board, shall
 establish—
 (i)criteria for selecting
 foreign assistance programs and international and multilateral assistance
 programs receiving financial assistance from the United States to be evaluated
 under subparagraph (A); and
 (ii)procedures for
 conducting such evaluations.
 (D)CoordinationThe
 criteria and procedures established under subparagraph (C) shall include
 procedures to avoid duplication of the Council’s activities, and to ensure
 effective coordination and cooperation, with the activities of the Comptroller
 General of the United States, relevant Inspectors General, and other relevant
 entities.
 (E)MethodologiesIn
 conducting evaluations under subparagraph (A), the Council shall utilize
 rigorous and objective methodologies, choosing from among a wide variety of
 qualitative and quantitative methods common in the field of social scientific
 inquiry.
 (F)Interagency
 assistanceIn conducting evaluations under subparagraph (A), the
 Director is authorized to request information or assistance from the head of
 any Federal agency to the extent necessary to facilitate the evaluation of a
 program, including access to all records, reports, audits, reviews, documents,
 papers, recommendations, and other material available to the program being
 evaluated by the Council. Upon receipt of a request under this subparagraph,
 the head of the Federal agency receiving the request, insofar as is practicable
 and not in contravention of any applicable law, shall furnish to the Director,
 or to an authorized designee, such information or assistance as may be
 necessary to carry out the purposes of this section.
 (G)ReportsAt
 least 30 days before issuing a report under this subparagraph, the Director
 shall submit a draft of the report to the head of the Federal agency
 responsible for implementing the program being evaluated and provide the agency
 head an opportunity to comment on the report. The Council shall issue a report
 to the appropriate congressional committees on each evaluation conducted under
 subparagraph (A) that contains—
 (i)an assessment of the
 effectiveness of the program evaluated, including the effectiveness of any
 partnership with non-Federal partners, as appropriate;
 (ii)any recommendations to
 improve the program’s effectiveness, including the effectiveness of
 partnerships with other United States Government agencies and non-Federal
 organizations, as appropriate;
 (iii)any recommendations to
 terminate or reduce the scope of a program that has been evaluated; and
 (iv)any comments received
 from the head of the Federal agency, or his or her designee, including any
 non-Federal partner, as appropriate.
 (H)ConsultationThe
 Director shall regularly consult with the appropriate congressional committees
 to discuss priorities for evaluations to be conducted under subparagraph
 (A).
 (2)Research on foreign
 assistance design, implementation, evaluation, and effectiveness
 (A)In
 generalThe Council shall conduct research and analysis on the
 design, implementation, evaluation, and effectiveness of foreign assistance
 programs in an effort to develop innovative approaches relating to foreign
 assistance, including—
 (i)research and analysis
 aimed at developing objective methodologies for evaluating the effectiveness of
 foreign assistance programs in achieving assistance objectives;
 (ii)research and analysis
 aimed at identifying ways of improving coordination of foreign assistance
 programs and contingency operations (as that term is defined in section
 101(a)(13) of title 10, United States Code) carried out by Federal agencies,
 including ways of coordinating research and development conducted by such
 agencies; and
 (iii)research and analysis
 aimed at identifying approaches through which the United States Government can
 support the development of evaluation capacity in developing countries, and
 strategies to encourage the use of evaluation findings among different levels
 of decision makers and implementers.
 (B)Additional
 researchIn addition to the research conducted under subparagraph
 (A), the Council may also conduct research and analysis on—
 (i)trends relating to
 foreign assistance programs and the measures necessary to ensure continued
 progress; and
 (ii)the relative
 effectiveness of international and multilateral assistance programs receiving
 financial assistance from the United States, including programs of the World
 Bank Group, United Nations entities, and regional multilateral development
 banks, as compared to United States foreign assistance programs.
 (C)Integrated research and
 development programThe Director, in consultation with the Board,
 shall establish and implement an integrated research and development program
 that will serve as a laboratory for innovative programs related to foreign
 assistance to fulfill the objectives described in subparagraph (A).
 (D)PartnersIn
 conducting research and analysis under subparagraph (A), the Council shall
 partner with the academic community, implementing partners, and national and
 international institutions that have expertise in evaluation, research, and
 analysis, as appropriate.
 (E)ReportsThe
 Council shall issue reports to the appropriate congressional committees on the
 results of research conducted pursuant to subparagraph (A) that include
 recommendations to Federal agencies responsible for implementing foreign
 assistance programs on how to improve the design, implementation, and
 evaluation of such programs.
 (F)CollaborationThe
 Council shall actively collaborate with Federal agencies responsible for
 implementing foreign assistance programs by—
 (i)sharing the results of
 research conducted pursuant to subparagraph (A); and
 (ii)providing
 recommendations and advice on how to improve the design, effectiveness,
 efficiency, and innovation of such programs.
 (G)TransparencyThe
 Council shall—
 (i)coordinate with the
 Secretary of State, the Administrator, and other relevant departments and
 agencies, to establish recommendations for a uniform set of reporting standards
 and guidelines to be followed by all Federal departments and agencies to report
 the funding levels of the foreign assistance programs for which each department
 or agency is responsible; and
 (ii)organize the data
 described in paragraph (1) on its Web site in a manner that allows public
 access to the funding levels of all foreign assistance programs funded by all
 Federal departments and agencies.
 (H)ConsultationThe
 Director shall regularly consult with the appropriate congressional committees
 to discuss priorities for research to be conducted under subparagraph
 (A).
 (3)IndependenceThe
 Council shall preserve its independence to ensure organizational autonomy,
 protection from external influence, and avoidance of conflicts of
 interest.
 (e)Council on Research and
 Evaluation of Foreign Assistance Advisory Board
 (1)EstablishmentThere
 is established a Council on Research and Evaluation of Foreign Assistance
 Advisory Board (referred to in this subsection as the
 Board).
 (2)PurposesThe
 purposes of the Board shall be—
 (A)to consult with the
 Director regarding the existing program of work of the Council, current
 evaluations that are ongoing or completed, and projected evaluations and
 activities to be undertaken by the Council; and
 (B)to serve as a forum for
 coordination and discussion of related matters pertaining to the Council’s
 operations and activities.
 (3)DutiesThe
 Board shall—
 (A)regularly consult with
 the Director regarding the activities of the Council, but may not prevent or
 prohibit the Director from initiating, carrying out, or completing any
 evaluation or analysis of any development, humanitarian, or foreign assistance
 program or activity; and
 (B)ensure coordination with
 the Office of Management and Budget in the Executive Office of the
 President.
 (4)MembershipThe
 Board shall consist of—
 (A)the Director of the
 Council, or designee;
 (B)the Secretary of State,
 or designee;
 (C)the Secretary of the
 Treasury, or designee;
 (D)the Administrator of the
 United States Agency for International Development, or designee;
 (E)the Chief Executive
 Officer of the Millennium Challenge Corporation, or designee;
 (F)the Secretary of
 Agriculture, or designee;
 (G)the Secretary of Defense,
 or designee;
 (H)the Secretary of Health
 and Human Services, or designee;
 (I)1 individual to be
 appointed by the Director;
 (J)1 officer in the Senior
 Foreign Service for the Agency for International Development or the Department
 of State with experience in the implementation of assistance programs;
 (K)4 individuals with
 relevant professional evaluation and international experience, who shall be
 appointed by the President, by and with the advice and consent of the Senate,
 of which—
 (i)1 individual shall be
 appointed from among a list of 3 individuals submitted by the chairman of the
 Committee on Foreign Relations of the
 Senate;
 (ii)1 individual shall be
 appointed from among a list of 3 individuals submitted by the ranking member of
 the Committee on Foreign Relations of the
 Senate;
 (iii)1 individual shall be
 appointed from among a list of 3 individuals submitted by the chairman of the
 Committee on Foreign Affairs of the House of
 Representatives; and
 (iv)1 individual shall be
 appointed from among a list of 3 individuals submitted by the ranking member of
 the Committee on Foreign Affairs of the House
 of Representatives.
 (5)Terms
 (A)Officers of the federal
 governmentEach member of the Board described in subparagraphs
 (A) through (H) of paragraph (4) shall serve for a term that is concurrent with
 the term of service of the individual’s position as an officer within the other
 Federal department or agency.
 (B)Other
 membersEach member of the Board described in subparagraphs (I)
 through (K) of paragraph (4) shall be appointed for a 3-year term and may be
 reappointed for an additional 2-year term.
 (C)VacanciesA
 vacancy in the Board shall be filled in the manner in which the original
 appointment was made.
 (6)ChairpersonThe
 members of the Board shall select from among its membership a Chairperson to
 serve a 1-year term.
 (7)Technical advisory
 groupThe Director shall have the authority to form a technical
 advisory group to provide recommendations and advise the existing program of
 work of the Council. The subgroup shall consist of the 4 members of the Board
 described in paragraph (4)(K), and additional members as appropriate.
 (8)QuorumA
 majority of the members of the Board shall constitute a quorum.
 (9)MeetingsThe
 Board shall meet at the call of the Chairperson but no less than
 annually.
 (10)Compensation
 (A)Officers of the federal
 government
 (i)In
 generalA member of the Board described in subparagraph (A), (B),
 (C), (D), (E), (F), (G), or (H) of paragraph (4) may not receive additional
 pay, allowances, or benefits by reason of the member’s service on the
 Board.
 (ii)Travel
 expensesEach such member of the Board shall receive travel
 expenses, including per diem in lieu of subsistence, in accordance with
 applicable provisions under subchapter I of chapter 57 of title 5, United
 States Code.
 (B)Other members
 (i)In
 generalExcept as provided in clause (ii), a member of the Board
 described in paragraph (4)(F)—
 (I)shall be paid
 compensation out of funds made available for the purposes of this title at the
 daily equivalent of the highest rate payable under section 5332 of title 5,
 United States Code, for each day (including travel time) during which the
 member is engaged in the actual performance of duties as a member of the Board;
 and
 (II)while away from the
 member’s home or regular place of business on necessary travel in the actual
 performance of duties as a member of the Board, shall be paid per diem, travel,
 and transportation expenses in the same manner as is provided under subchapter
 I of chapter 57 of title 5, United States Code.
 (ii)LimitationA
 member of the Board may not be paid compensation under clause (i)(II) for more
 than 90 days in any calendar year.
 (f)Director
 (1)Appointment
 (A)In
 generalThe Council shall be headed by a Director, who shall be
 appointed by the President from among the individuals recommended under
 subparagraph (B) to a 4-year term, subject to a 1-year renewal, by and with the
 advice and consent of the Senate.
 (B)SelectionWhen
 a vacancy occurs in the office of Director, the chairmen and ranking minority
 members of the Committee on Foreign
 Relations of the Senate and the
 Committee on Foreign Affairs of the House of
 Representatives shall each recommend up to 3 individuals to
 the President for appointment to the vacant office. In considering individuals
 for appointment to the office of Director, the chairmen and ranking minority
 members shall—
 (i)take into account the
 integrity and demonstrated ability of the individuals in public administration,
 international development and foreign assistance programs, monitoring and
 evaluation analysis, and all aspects of program and project design; and
 (ii)disregard the political
 affiliation of the individuals.
 (2)ResponsibilitiesThe
 Director shall—
 (A)be responsible for the
 management of the Council;
 (B)exercise the powers of
 the Council;
 (C)be responsible for
 initiating, carrying out, and completing any evaluation or analysis of any
 development, humanitarian, or foreign assistance program or activity;
 and
 (D)discharge the duties of
 the Council.
 (3)Rank;
 compensationThe Director shall—
 (A)have the equivalent rank
 of Under Secretary; and
 (B)be compensated at the
 rate provided for level III of the Executive Schedule under section 5314 of
 title 5, United States Code.
 (4)Additional term;
 removal
 (A)Additional
 termThe Director may be reappointed for not more than 1
 additional 4-year term.
 (B)RemovalThe
 President may remove the Director from office after submitting written
 notification to the Senate and the House of Representatives that describes the
 underlying reasons for such removal.
 (5)Conforming
 amendmentSection 5314 of title 5, United States Code, is amended
 by adding at the end the following:
 Director, Council on Research and
 Evaluation of Foreign
 Assistance.
 .
 (g)Deputy
 directorsThe Director shall appoint—
 (1)a Deputy Director for
 Evaluation, who shall be responsible for overseeing the evaluations conducted
 by the Council; and
 (2)a Deputy Director for
 Research Innovation, who shall be responsible for overseeing an integrated
 research and development program that will foster and promote innovative
 programs to improve the effectiveness of United States foreign
 assistance.
 (h)Office space,
 equipment, and suppliesEach agency head shall provide the
 Director with—
 (1)appropriate and adequate
 office space at central and field office locations of such agency;
 (2)such equipment, office
 supplies, and communications facilities and services as may be necessary for
 the operation of such offices; and
 (3)necessary maintenance
 services for such offices and the equipment and facilities located in such
 offices.
 (i)Personnel
 matters
 (1)Human resources
 management systemNotwithstanding any other provision of law, the
 Director may establish a human resources management system for the employees of
 the Council that provides for—
 (A)work schedule
 flexibility;
 (B)merit based
 hiring;
 (C)fair treatment without
 regard to political affiliation;
 (D)equal pay for equal
 work;
 (E)protection of employees
 against reprisal for whistle blowing;
 (F)a pay-for-performance
 evaluation system that links individual pay to performance;
 (G)a streamlined process for
 removing underperforming employees; and
 (H)a maximum tenure with the
 Council of 7 years.
 (2)Detail of
 personnel
 (A)From federal
 governmentUpon the request of the Director, the head of a
 Federal agency may detail any employee of such agency to the Council on a
 reimbursable basis. Any employee so detailed remains, for the purpose of
 preserving such employee's allowances, privileges, rights, seniority, and other
 benefits, an employee of the agency from which detailed.
 (B)From outside
 organizationsThe Director may accept the services of personnel
 detailed to the Council from organizations outside the Federal Government,
 including bilateral agencies, multilateral institutions, international
 organizations, think-tanks, nongovernmental organizations, institutions of
 higher education, and the private sector.
 (3)Reemployment
 rights
 (A)In
 generalAn employee of an agency who is serving under a career or
 career conditional appointment (or the equivalent), and who, with the consent
 of the head of such agency, transfers to the Council, is entitled to be
 reemployed in such employee’s former position or a position of like seniority,
 status, and pay in such agency, if such employee—
 (i)is separated from the
 Council for any reason, other than misconduct, neglect of duty, or malfeasance;
 and
 (ii)applies for reemployment
 not later than 90 days after the date of separation from the Council.
 (B)Specific
 rightsAn employee described in subparagraph (A)—
 (i)is entitled to be
 reemployed within 30 days after applying for reemployment; and
 (ii)once reemployed, is
 entitled to at least the rate of basic pay to which such employee would have
 been entitled had such employee never transferred to the Council.
 (4)Hiring
 authorityNot more than 5 employees of the Council may be
 appointed, compensated, or removed without regard to the civil service laws and
 regulations.
 (5)Basic
 payThe Director may fix the rate of basic pay of employees of
 the Council without regard to the provisions of chapter 51 of title 5, United
 States Code (relating to the classification of positions) or subchapter III of
 chapter 53 of such title (relating to General Schedule pay rates), except that
 no employee of the Office may receive a rate of basic pay that exceeds the rate
 for level IV of the Executive Schedule under section 5315 of such title.
 (6)Personnel outside the
 united states
 (A)Assignment to united
 states embassiesEmployees of the Council, including individuals
 detailed to or contracted by the Council, may be assigned to a United States
 diplomatic mission or consular post or a United States Agency for International
 Development field mission for purposes of assignments related to activities or
 programs of the Council.
 (B)Overseas
 benefitsEach employee of the Council, including any individual
 detailed to or contracted by the Council, and the members of the family of such
 employee, while the employee is performing duties in any country or place
 outside the United States, shall be afforded the same benefits enjoyed by
 members of the Foreign Service, or the family of a member of the Foreign
 Service, as appropriate.
 (C)Responsibility of chief
 of missionEmployees of the Council, including individuals
 detailed to or contracted by the Council, and members of the families of such
 employees, shall be subject to section 207 of the Foreign Service Act of 1980
 (22 U.S.C. 3927) in the same manner as United States Government employees while
 the employee is performing duties in any country or place outside the United
 States if such employee or member of the family of such employee is not a
 national of or permanently resident in such country or place.
 (j)Public
 disclosure
 (1)In
 generalNot less frequently than quarterly, the Council shall
 make publicly available—
 (A)the findings and
 conclusions of all the reports and studies completed by the Council since the
 most recent public disclosure;
 (B)information regarding
 funds allocated or transferred by the Council under this section;
 (C)the name of each United
 States Government agency with management responsibility for the activities that
 were evaluated; and
 (D)a description of the
 program or project carried out by the agencies described in subparagraph
 (C).
 (2)DisseminationThe
 information required to be disclosed under paragraph (1) shall be made
 available to the public—
 (A)through publication in
 the Federal Register;
 (B)on the Internet Web site
 of the Council; and
 (C)by any other methods that
 the Director determines to be appropriate.
 (k)Report on projected
 evaluationsNot later than December 31, 2010, and November 1
 thereafter, the Director shall submit a report to the appropriate congressional
 committees that includes a projected list of evaluations for the current fiscal
 year.
 (l)Report on methodologies
 and best practices
 (1)Initial
 reportNot later than September 30, 2011, the Director shall
 submit a report to each Federal Agency responsible for implementing foreign
 assistance programs and to the appropriate congressional committees that
 details recommended methodologies and best practices for use in evaluating the
 effectiveness of United States Government foreign assistance programs.
 (2)Regular
 updatesThe Director shall regularly update the methodologies
 recommended in the report submitted under paragraph (1) to account for
 developments and trends in foreign assistance programs.
 (3)Biennial
 reportNot later than 2 years after the submission of the report
 under paragraph (1), and biennially thereafter, the Director shall submit, to
 each Federal agency responsible for implementing foreign assistance programs
 and to the appropriate congressional committees, a report that contains updates
 to its recommended methodologies and best practices for use in evaluating the
 effectiveness of United States Government foreign assistance programs.
 (m)Annual report
 (1)In
 generalNot later than February 15, 2011, and each February 15
 thereafter, the Director shall submit a report to the appropriate congressional
 committees that includes—
 (A)the specific programs,
 projects, and activities that were evaluated by the Council; and
 (B)other activities carried
 out by the Council during the most recently completed fiscal year.
 (2)Joint
 submissionThe report described in paragraph (1) may be submitted
 with the budget justification materials submitted to Congress with the
 President’s budget under section 1105(a) of title 31, United States
 Code.
 (n)Strategic plan
 (1)SubmissionEvery
 2 years, the Director shall submit a strategic plan for the activities of the
 Council to the appropriate congressional committees.
 (2)ContentsThe
 strategic plan required under paragraph (1) shall include—
 (A)the long-term strategic
 goals of the Council;
 (B)the identification of the
 activities and programs that support—
 (i)the achievement of the
 Council’s strategic goals; and
 (ii)opportunities that hold
 the potential for yielding significant development or foreign assistance
 benefits; and
 (C)the connection of the
 activities and programs of the Council to activities and missions of United
 States foreign assistance programs.
 (o)Government
 Accountability Office reportNot later than 6 years after the
 date of the enactment of this Act, the Comptroller General of the United States
 shall submit a report to the appropriate congressional committees that
 contains—
 (1)a review of, and comments
 addressing, the performance and overall effectiveness of the Council’s
 activities, programs and general operations;
 (2)an assessment of how
 effectively the Council has implemented its stated objectives and adhered to
 and accomplished the purposes and duties described in subsections (c) and (d);
 and
 (3)recommendations relating
 to any additional actions the Comptroller General recommends to improve the
 Council’s performance, activities and operations.
 (p)Administrative
 authorities of the CouncilIn addition to the authority otherwise
 provided under this section, the Council, in carrying out the provisions of
 this section, is authorized—
 (1)to select, appoint, and
 employ such officers and employees as may be necessary for carrying out the
 functions, powers, and duties of the Council;
 (2)to obtain services
 authorized by section 3109 of title 5, United States Code, at daily rates not
 to exceed the equivalent rate prescribed for grade GS–18 of the General
 Schedule under section 5332 of such title;
 (3)to the extent, and in
 such amounts as may be appropriated in advance—
 (A)to make and perform such
 contracts, grants, and other agreements for audits, studies, evaluations,
 analyses, and other services with—
 (i)public agencies;
 (ii)any private entity or
 person in the United States or in a candidate country; and
 (iii)governmental agencies
 of any such country that is undertaking research that supports the work of the
 Council, as appropriate; and
 (B)to make such payments as
 may be necessary for carrying out the functions of the Council;
 (4)to adopt, alter, and use
 a seal, which shall be judicially noticed;
 (5)to determine and
 prescribe the manner in which its obligations shall be incurred and its
 expenses allowed and paid, including expenses for representation;
 (6)to lease, purchase, or
 otherwise acquire, improve, and use such real property wherever situated, as
 may be necessary for carrying out the functions of the Council;
 (7)to accept cash gifts or
 donations of services or of property, tangible or intangible, for the purpose
 of carrying out the provisions of this section, as it relates to public-private
 partnerships;
 (8)to use the United States
 mails in the same manner and on the same conditions as executive
 agencies;
 (9)to enter into personal
 services contracts with individuals, who shall not be considered Federal
 employees for any provision of law administered by the Office of Personnel
 Management;
 (10)to hire or obtain
 passenger motor vehicles; and
 (11)to have such other
 powers as may be necessary and incident to carrying out this section.
 (q)Other
 authoritiesExcept to the extent inconsistent with the provisions
 of this section, the administrative authorities contained in the State
 Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the
 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the
 implementation of this section to the same extent and in the same manner as
 such authorities apply to the implementation of such Acts.
 (r)Applicability of the
 Government Corporation Control Act
 (1)In
 generalThe Council shall be subject to chapter 91 of subtitle VI
 of title 31, United States Code, except that the Council shall not be
 authorized to issue obligations or offer obligations to the public.
 (2)Conforming
 amendmentSection 9101(3) of title 31, United States Code, is
 amended by adding at the end the following:
 (S)the Council on Research
 and Evaluation of Foreign
 Assistance.
 .
 (s)Inspector
 general
 (1)In
 generalThe Inspector General of the Agency for International
 Development—
 (A)shall serve as Inspector
 General for the Council; and
 (B)in acting in such
 capacity, may conduct reviews, investigations, and inspections of all aspects
 of the operations and activities of the Council.
 (2)ReimbursementThe
 Council shall reimburse the Agency for International Development for all
 expenses incurred by the Inspector General in connection with the Inspector
 General’s responsibilities under this subsection.
 (t)Authorization of
 appropriationsThere are authorized to be appropriated to carry
 out this section the following amounts:
 (1)$30,000,000 for fiscal
 year 2011.
 (2)$35,000,000 for fiscal
 year 2012.
 (3)$40,000,000 for fiscal
 year 2013.
 (4)$45,000,000 for fiscal
 year 2014.
 (5)$50,000,000 for fiscal
 year 2015.
 (6)$55,000,000 for fiscal
 year 2016.
 (u)Effective
 dateThis section shall be effective during the 7 year period
 beginning on the date of the enactment of this Act.
 7.Comprehensive workforce
 and human resources strategy for the United States Agency for International
 Development
 (a)Comprehensive workforce
 and human resources strategy for the United States Agency for International
 DevelopmentThe Administrator shall develop a comprehensive
 workforce and human resources strategy for the Agency to support the objective
 of promoting development and reducing global poverty.
 (b)ScopeThe
 strategy required under subsection (a) shall be a strategy for modernizing the
 workforce of the United States Agency for International Development in support
 of foreign assistance and policy priorities, and shall—
 (1)determine long-term
 Agency personnel priorities, including priorities over 5- and 10-year time
 periods;
 (2)identify career
 professional development programs for all personnel, including training,
 language, and education, interagency and intergovernmental rotations, and
 assignment opportunities outside the United States Government;
 (3)include an assessment of
 future development and foreign policy priorities and the implications of such
 priorities for technical and policy expertise, including how to meet future
 unanticipated demands brought about by manmade and natural disasters;
 (4)include an overseas
 facilities and security assessment examining the implications of such
 facilities and security for personnel increases;
 (5)include the
 appropriateness of regional platforms to perform necessary Agency functions and
 to provide services to other donors and organizations;
 (6)consider structural
 reform options to professionalize the human resource capacity of the Agency,
 including options to outsource the entirety of the human resource capacity of
 the Agency; and
 (7)address the means to
 enable the Agency to access cutting-edge technical and managerial
 expertise.
 (c)Factors To
 considerIn developing the strategy required under subsection
 (a), the Administrator shall, among other things—
 (1)examine the objectives
 the Agency is mandated to fulfill, and assess whether its current workforce
 model effectively supports the goals of the Agency;
 (2)review the Agency's
 workforce evolution and identify the additional program demands that have been
 placed on the workforce in the past 10 years;
 (3)examine different
 personnel and workforce management models from other United States Government
 agencies, international organizations, and the private sector and determine the
 comparative advantages the models might offer and whether they would allow the
 Agency to better structure its workforce to carry out its responsibilities and
 meet the challenges of a changing environment;
 (4)examine different
 bureaucratic and legislative constraints facing the Agency in implementing a
 comprehensive workforce planning and management system and how these
 constraints can be addressed, including—
 (A)which limitations, if
 any, currently exist that prevent the Agency from hiring the right people for
 the right positions in a timely manner, including mid-level hires and reentry
 of mid-level professionals into the Agency; and
 (B)how this compares with
 other organizations, such as the Department of State and the Millennium
 Challenge Corporation (MCC), and how the Agency compares to the Department of
 State and the MCC in its ability to attract and retain high caliber
 professionals;
 (5)examine the advantages
 and disadvantages of the Agency’s use of contractors in the last 10 years to
 carry out its core mission and management responsibilities, including through
 an evaluation of the cost, efficiency, and availability of qualified personnel
 and the effect of such use of contractors on expertise within the Federal
 Government;
 (6)assess the scope and
 effectiveness of training, including the availability of language training, for
 Agency personnel, and the extent to which available trainings support carrying
 out Agency objectives; and
 (7)present a cost analysis
 for using a contracting model versus a direct hire model and determine the cost
 savings and consequences that could result from the elimination of
 institutional contractors and the hiring of the same professionals as personal
 services contractors.
 (d)Workforce and human
 resources task force
 (1)In
 generalThe Administrator shall establish a workforce and human
 resources task force that will participate in the development of the workforce
 and human resources strategy required under subsection (b) and will consult
 with, and provide information and advice to, senior management of the Agency on
 matters and issues related to workforce planning, human resource recruitment
 and training, and other personnel issues as the Agency develops and implements
 the workforce and human resources strategy.
 (2)CompositionThe
 task force shall be composed of 9 members as follows:
 (A)Four senior career
 professionals of the Agency from different personnel backgrounds, at least 2 of
 whom shall be from Foreign Service, appointed by the Administrator.
 (B)One senior official from
 the Department of State appointed by the Secretary.
 (C)One senior official from
 the Office of Personnel Management appointed by the Director of the Office of
 Personnel Management.
 (D)Three professionals
 outside the United States Government noted for their knowledge and experience
 in personnel and human resource issues, appointed by the Administrator in
 consultation with the Senate.
 (3)Deadline for
 appointmentsAll members of the task force shall be designated
 not later than 60 days after the date of the enactment of this Act.
 (4)TerminationThe
 task force shall terminate 2 years after the enactment of this Act.
 (e)Reports
 (1)Initial
 reportNot later than 1 year after the date of the enactment of
 this Act, the Administrator shall submit to the appropriate congressional
 committees the strategy required under subsection (a).
 (2)Government
 Accountability Office reportNot later than 1 year after the
 submission of the initial strategy under paragraph (1), the Comptroller General
 of the United States shall submit to the appropriate congressional committees a
 report that contains—
 (A)a review of, and comments
 addressing, the strategy submitted under paragraph (1); and
 (B)recommendations relating
 to any additional actions the Comptroller General recommends to improve the
 strategy.
 (3)Subsequent
 reportsNot later than 2 years after the submission of the
 initial strategy under paragraph (1), and every 2 years thereafter until 2021,
 the Administrator shall transmit to the appropriate congressional committees an
 updated strategy—
 (A)assessing progress made
 during the preceding 2 years toward implementing the strategy required under
 this section and meeting the specific goals, benchmarks, and time frames
 specified in the strategy required under subsection (a);
 (B)identifying legal or
 other impediments to achieving those objectives and recommendations for
 addressing those impediments; and
 (C)describing modifications
 to the strategy based upon the Agency’s experience during the previous 2 years
 and any revisions to the policy, program, financial or other assumptions that
 were the basis for the current strategy.
 (f)Outside
 assistanceTo assist in the development and formulation of the
 workforce and human resources strategy, the Administrator shall contract with
 an independent organization—
 (1)to help the Agency assess
 current human resource capacity;
 (2)to review how its human
 resource capacity matches up against Agency mandates and policy
 priorities;
 (3)to compare the Agency’s
 current human resource system and practices with best practices of other
 organizations, public and private;
 (4)to provide a set of
 recommendations to facilitate structural reform to the Agency’s human resources
 bureau; and
 (5)to assist with other
 issues related to supporting the development of the workforce and human
 resources strategy.
 (g)Availability of
 fundsAmounts made available to carry out section 667 of the
 Foreign Assistance Act of 1961 (22 U.S.C. 2427) shall be made available to
 carry out subsection (f).
 8.Personnel and human
 resources
 (a)Interagency and
 international organization rotationsChapter 2 of part III of the Foreign
 Assistance Act of 1961 (22 U.S.C. 2381 et seq.) is amended by inserting after
 section 630 the following:
 630A.Interagency and
 international organization rotations
 (a)Career
 guidelinesThe Administrator shall establish career guidelines
 for Foreign Service officers and civil service officers that incorporate
 interagency, intergovernmental, or international organization rotational
 assignments. The guidelines established under this subsection shall
 include—
 (1)selection;
 (2)professional education
 and training;
 (3)types of relevant
 interagency, intergovernmental, and international organization assignments;
 and
 (4)such other matters as the
 Administrator considers appropriate.
 (b)Promotions to senior
 ranksNot later than 2 years after the date of the enactment of
 this Act, the Administrator shall establish additional guidelines that consider
 participation by relevant officers in at least 1 interagency,
 intergovernmental, or international organizational rotational assignment of at
 least 6 months as a factor for promotion into the ranks of the Senior Foreign
 Service or Senior Executive Service.
 (c)Promotion policy
 objectives for assignments to interagency, intergovernmental, and international
 organizations
 (1)QualificationsThe
 Administrator shall ensure that promotion precepts and promotion panels do not
 penalize officers who have been assigned to interagency, intergovernmental or
 international organizations.
 (2)ReportThe
 Administrator shall provide an annual report to the appropriate congressional
 committees that—
 (A)specifies the aggregate
 number of officers and the promotion rates of officers who are serving in, or
 have served in, interagency, intergovernmental, or international organization
 rotational assignments; and
 (B)details efforts to meet
 the objectives described in subsection
 (a).
 .
 (b)External training,
 language training, and educational opportunities
 (1)FindingsIt
 is the sense of Congress that—
 (A)the Administrator of the
 United States Agency for International Development should augment and expand
 external training, language training, and educational opportunities for Foreign
 Service and Civil Service personnel and expand opportunities for work
 assignments to entities outside the United States Government;
 (B)a strong development
 agency should have a knowledgeable and capable workforce that is familiar with
 and has access to cutting edge development practices, methodologies, ideas,
 work experience, and programs;
 (C)the Administrator of the
 United States Agency for International Development should ensure that personnel
 of the Agency have opportunities during their careers to obtain a range of
 knowledge-building work experiences and advanced education and training in
 academic and other relevant institutions in the United States and abroad to
 increase the capacity of the Agency to fulfill its mission; and
 (D)it is imperative that
 United States Agency for International Development Foreign Service Officers
 receive adequate and appropriate language training before assignments to
 overseas posts, especially to critical priority posts, and that such language
 training should be equivalent to the language training provided to Department
 of State Foreign Service Officers.
 (2)Interagency and
 international organization rotationsChapter 2 of part III of the Foreign
 Assistance Act of 1961 (22 U.S.C. 2381 et seq.), as amended by subsection (a),
 is further amended by inserting after section 630A the following:
 630B.External training,
 language training, and educational opportunities
 (a)Language
 training
 (1)Foreign service
 officersThe Administrator of the United States Agency for
 International Development shall establish procedures to ensure that appropriate
 language training for Foreign Service Officers of the Agency is provided before
 transferring such officers to overseas posts. Foreign Service Officers assigned
 to critical priority posts should receive the highest priority for
 training.
 (2)ContractorsThe
 Administrator shall ensure that all new personal services contractors and new
 institutional contractors possess appropriate language skills commensurate to
 their contractual responsibilities.
 (b)PlanNot
 later than 90 days after the date of the enactment of this section, the
 Administrator shall submit a 2-year plan to implement the requirements under
 subsection (a).
 (c)Availability of
 fundsAmounts made available to carry out part I and section 667
 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427) shall be made available
 to carry out subsection
 (a).
 .
 (c)ReportNot
 later than 1 year after the date of the enactment of this Act, the
 Administrator of the United States Agency for International Development shall
 submit a report to the appropriate congressional committees that describes the
 Agency’s efforts to facilitate and promote external training, language
 training, and educational opportunities for Foreign Service and Civil Service
 personnel, including—
 (1)a description of the
 internal process of securing such opportunities and the number of officers who
 have undertaken such external training during the most recent year; and
 (2)a description of actions
 the Administrator has taken or plans to take to further expand and facilitate
 external training, language training, and educational opportunities.
 9.Strengthening
 development coordination in the field
 (a)In
 generalSection 631(d) of the
 Foreign Assistance Act of 1961 (22 U.S.C. 2391) is amended to read as
 follows:
 (d)Coordination of
 development assistance activitiesUnder the overall direction of
 the chief of the United States diplomatic mission, the chief of each special
 mission carrying out the purposes of part I in a country shall be responsible
 for the coordination of all development and humanitarian efforts of the United
 States Government in such country. Such activities shall include all
 development and humanitarian activities from funds made available to carry out
 the provisions of this or any other
 Act.
 .
 (b)Sense of Congress on
 modernizing USAID missions for the 21st CenturyIt is the sense
 of Congress that—
 (1)the role of the United
 States Agency for International Development (USAID) and foreign assistance
 continues to evolve to meet emerging challenges, new priorities, changing
 circumstances, and augmented roles and responsibilities;
 (2)the environment in which
 our foreign assistance and development agencies operate is dramatically
 different than the Cold War environment in which they were created;
 (3)despite the new and
 changing of USAID circumstances, the United States Government has not
 significantly updated the basic USAID mission structure since it was first
 established in 1961; and
 (4)to reflect evolving
 threats, opportunities and challenges in the 21st century, USAID should
 undertake a comprehensive examination of the mission structure, with special
 attention to staffing, authorities, the balance between Washington, District of
 Columbia, and the field, and management best practices.
 (c)ReportNot
 later than 18 months after the date of the enactment of this Act, the
 Administrator of the United States Agency for International Development shall
 submit to the appropriate congressional committees a report on modernizing
 USAID missions for the 21st century, including—
 (1)whether missions are
 staffed and well suited for current and emerging roles and
 responsibilities;
 (2)whether the management
 and organizational structure provide the required flexibility while providing
 effective oversight of programs;
 (3)whether the level of
 centralized versus decentralized decisionmaking is appropriate for the current
 and emerging context in which the mission is working;
 (4)whether there is
 sufficient flexibility in terms of personnel to address fluctuations in funding
 for programs, and if not, what type of flexibility would be helpful;
 (5)whether up-to-date
 technical expertise and lessons from prior projects are being systematically
 incorporated into new program design;
 (6)whether missions of USAID
 are appropriately focused on bilateral and multilateral donor coordination and
 whether this is a priority for USAID personnel;
 (7)what the appropriate
 relationship and balance are between USAID missions and the broader United
 States mission in a country;
 (8)how effectively USAID is
 able to coordinate with the Department of Defense, especially as the Department
 of Defense implements an increasing number of development and humanitarian
 programs;
 (9)whether the existing
 structure of the United States foreign assistance system allows for proper
 coordination between different Federal departments and agencies implementing
 foreign assistance and development programs to avoid duplication of effort;
 and
 (10)what obstacles exist to
 more effective coordination, including what structural or organizational
 improvements would assist with more effective coordination.
 10.Transparency of United
 States foreign assistance
 (a)Sense of Congress on
 transparency of assistanceIt is the sense of Congress
 that—
 (1)United States citizens
 and recipients of United States foreign assistance should, to the maximum
 extent practicable, have full access to information on United States foreign
 assistance; and
 (2)to the extent possible,
 United States Government agencies, departments, and institutions should
 undertake preparatory consultations with relevant outside stakeholders in a
 transparent and full manner in the course of formulating policies and
 strategies related to foreign assistance and development.
 (b)Public availability of
 Information
 (1)In
 generalThe President shall direct all Federal departments and
 agencies to make publicly available on their Web sites comprehensive, timely,
 comparable, and accessible information on United States foreign assistance. The
 information shall be presented on a detailed program-by-program basis and
 country-by-country basis.
 (2)ContentTo
 ensure transparency, accountability, and effectiveness of United States foreign
 assistance, the information on United States foreign assistance published and
 made available under paragraph (1) shall include annual budget presentations
 and justifications of any programs or projects that provide foreign assistance
 by any Federal department or agency. In the event that detailed information is
 classified, an unclassified summary shall be posted and the classified details
 shall be submitted separately to the appropriate congressional
 committees.
 (3)Timely availability of
 informationThe President shall direct the head of each Federal
 department and agency providing United States foreign assistance to ensure that
 the information required under this subsection is made available on no less
 than an annual basis at the time the President’s annual budget is released.
 Data that is of a provisional nature shall be updated when actual figures are
 available.
 (c)Sense of multilateral
 effortsIt is the sense of Congress that, in order to best assess
 the use and impact of United States foreign assistance in relation to funding
 provided by other donor nations and recipient countries, the President should
 fully engage with and participate in the International Aid Transparency
 Initiative, established on September 4, 2008, at the Accra High Level Forum on
 Aid Effectiveness.
 (d)Financial
 disclosure
 (1)In
 generalAny organization or business that receives more than 50
 percent of its funding from the United States Government under the Foreign
 Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall submit a report to the
 United States Agency for International Development that contains the names and
 all forms of compensation paid by the organization or business to the 5 most
 highly compensated employees of the organization or business.
 (2)Public
 disclosureThe Administrator of the United States Agency for
 International Development (USAID) shall make the reports submitted under
 paragraph (1) publicly accessible on the USAID Web site.
 11.Operating
 expenses
 (a)FindingsCongress
 makes the following findings:
 (1)The separate account
 created by Congress in 1976 to authorize and appropriate funds for all
 operating expenses of the United States Agency for International Development
 has been an important tool to ensure transparency of administrative costs and
 accountability of funds.
 (2)Funding for the operating
 expenses of the Agency has not kept pace with the growth of the Agency’s
 program funding and the expanded geographic and sectoral demands for economic
 assistance abroad.
 (3)As a result, this has
 caused the Agency in certain cases to fund selected administrative costs out of
 program funds in order to properly administer, oversee, and implement its
 programs and activities, thus detracting from the goals of increased
 transparency and accountability that establishment of the separate operating
 expenses account was intended to foster.
 (4)A 2003 Government
 Accountability Office report on the operating expenses of the Agency noted that
 USAID’s operating expense account does not fully reflect the agency’s
 cost of doing business primarily because the agency pays for some
 administrative activities done by contractors and other nondirect-hire staff
 with program funds and that Congress has increasingly encouraged
 the Agency to use program funds to support certain administrative
 costs.
 (5)The December 2007 HELP
 Commission Report on Foreign Assistance Reform—
 (A)states, Over time,
 the effectiveness of a separate OE budget has eroded. During the past 30 years,
 Congress and the Executive branch have allowed program funds to be used to pay
 for the costs of activities once funded from the OE account while cutting the
 OE budget.;
 (B)recommends
 [a]bolish[ing] the OE account and replac[ing] it with a more accurate
 accounting process,;
 (C)argues that the
 USAID OE account no longer serves a useful purpose; and
 (D)states, While it
 might have been constructive in bringing clarity to the cost of doing business
 in the 1970s, another system should be developed that calculates true
 administrative and management expenses, including those now funded with program
 or project funds. This new system needs to allow administrative expenses to be
 properly managed and monitored and needs to ensure that Congress receives
 clear, timely and transparent information regarding these
 expenditures..
 (6)While Congress concurs
 with the HELP Commission’s recommendation that a major reassessment of the
 scope and the continued utility of the operating expenses account structure is
 in order, Congress also believes that the urgency of the issues confronting
 Agency management in terms of hiring technical expertise and providing the
 Agency with the capacity to oversee and administer critical foreign assistance
 programs and functions, justifies providing the Agency with broader discretion
 on ways to support direct-hire staffing requirements.
 (b)Guidelines for program
 funds
 (1)In
 generalSubject to paragraph (2) and except as otherwise
 authorized by law, program funds may be used for—
 (A)travel expenses of all
 employees who are members of the Foreign Service or civil service;
 (B)salaries and related
 expenses of employees other than Foreign Service or civil service employees who
 are United States citizens; and
 (C)costs associated with
 research and policy analysis in support of programs (other than for salaries
 and benefits of employees or costs associated with contractors), including
 analysis for development assistance policy planning and for the design,
 monitoring, and evaluation of programs and activities.
 (2)NotificationThe
 Administrator shall—
 (A)submit a written report
 to the appropriate congressional committees detailing the Agency’s plan for
 managing and accounting for the funds used in accordance with the authority
 provided by paragraph (1) not later than 60 days after the date of the
 enactment of this Act; and
 (B)consult with the
 appropriate congressional committees about the use and management of such funds
 not later than 60 days after the date of the enactment of this Act.
 (c)Semiannual
 reportNot later than once every 6 months until 2013, the
 Administrator shall submit a report to the appropriate congressional committees
 that details the purpose and amount of funds obligated under the authority
 provided pursuant to subsection (b), categorized by bureau and activity.
 (d)Report on
 recommendations for operating expense reformNot later than 1
 year after the date of the enactment of this Act, the Administrator, in
 coordination with the workforce and human resources task force established
 pursuant to section 7(d), shall submit a report to the appropriate
 congressional committees that contains—
 (1)recommendations and
 detailed justifications for streamlining and improving the efficiency of how
 the Agency uses operating expenses, including recommendations for alternative
 models and approaches;
 (2)recommendations and
 detailed justifications for increasing the transparency of Agency operating
 expenses;
 (3)an assessment of how the
 operating expenses account has affected Agency performance in support of
 program goals and objectives; and
 (4)an assessment of how the
 operating expenses account has affected human resources and personnel of the
 Agency, including a discussion of the proliferation of new hiring authorities
 and increased reliance on contractors to handle the core business of the
 Agency.
 February 2, 2010
 Reported with an amendment