118 HR 9719 IH: Strengthening USAID Management Act
U.S. House of Representatives
2024-09-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 9719
IN THE HOUSE OF REPRESENTATIVES
September 20, 2024
Mr. Meeks introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Foreign Assistance Act of 1961 to modify requirements regarding management of the United States Agency for International Development, and for other purposes.
1.

Short title
This Act may be cited as the “Strengthening USAID Management Act”.
2.

Staffing to prevent or respond to crisis
Section 625 of the Foreign Assistance Act of 1961 (22 U.S.C. 2384) is amended by adding after subsection (f) the following:
“(g)
The Administrator of the United States Agency for International Development is authorized to appoint and employ personnel in the excepted service using funds appropriated or otherwise made available to carry out the provisions of part I of this Act, chapter 4 of part II of this Act, and section 509(b) of the Global Fragility Act of 2019 (22 U.S.C. 9808(b)) to prevent or respond to foreign crises and contexts with increasing instability. Such funds are authorized to be made available for the operating expenses and administrative costs of such personnel. The Administrator shall coordinate with the Director of the Office of Personnel Management to implement this provision.”.
3.

United States Agency for International Development pay rate adjustment
Chapter 53 of title 5, United States Code, is amended—
(1)
in section 5314, by inserting “and 1 other official of the Agency for International Development to be appointed by the President” after “Deputy Administrator, Agency for International Development”; and
(2)
in section 5315, by striking “Development (6)” and inserting “Development (5)”.
4.

Payment for services performed abroad pursuant to contract
Section 636(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)) is amended by adding at the end the following:
“(17)
employing individuals or organizations, by contract, for services performed abroad pursuant to this Act or title II of the Food for Peace Act (7 U.S.C. 1721 et seq.), and individuals employed by contract to perform such services, provided that—
(A)
such individuals shall not by virtue of such payment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Administrator of the United States Agency for International Development may determine the applicability to such individuals of section 5 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2672) regarding tort claims when such claims arise in a foreign country in connection with United States operations abroad and of any other law administered by the Administrator concerning such individuals); and
(B)
such contracts are authorized to be negotiated, the terms of such contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States.”.
5.

Foreign Service report
Not later than 180 days after the date of enactment of this Act, the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes—
(1)
a description of any effort by the Administrator in the 3 years prior to the submission of the report to empower and integrate cooperating country nationals throughout the agency, including an increase in the number of—
(A)
warranted contracting officers and agreement officers who are cooperating country nationals; and
(B)
cooperating country national advisor positions; and
(2)
a breakdown of Foreign Service National fellowships in the 5 years prior to the submission of the report that includes anonymized information regarding—
(A)
participant demographics;
(B)
the assigned mission associated with each fellowship;
(C)
operating unit in which each fellowship occurred; and
(D)
duration of each fellowship.
6.

Anti-terrorism certification
Not later than 270 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall initiate rulemaking procedures to require bidders for programs in high-risk areas to certify that they do not provide material support or resources to individuals or entities involved in terrorism.
7.

Overseas pay comparability
(a)

In general
Subject to such regulations as the Secretary of State may prescribe, including with respect to phase-in schedule and treatment as basic pay, and notwithstanding any other provision of law, any eligible member may be paid a locality-based comparability payment (stated as a percentage) that is not more than two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if the official duty station of such member were in the District of Columbia.
(b)

Limitation
The amount of any locality-based comparability payment that is paid to an eligible member under this section shall be subject to any limitation on pay applicable to locality-based comparability payments under section 5304 of title 5, United States Code.
(c)

Eligible member defined
In this section, the term “eligible member” means a member of the Foreign Service if—
(1)
such member is designated class 1 or below for purposes of section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963); and
(2)
the official duty station of such member is not in the continental United States or a nonforeign area, as defined in section 591.205 of title 5, Code of Federal Regulations.
(d)

Sunset
The authority under this section shall terminate on the date that is 2 years after the date of the enactment of this Act.