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-CITE-
22 USC Sec. 2293 01/03/2007-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
Part X - Development Fund for Africa-HEAD-
Sec. 2293. Long-term development assistance for sub-Saharan Africa-STATUTE-
(a) Findings
The Congress finds that -
(1) drought and famine have caused countless deaths and untold
suffering among the people of sub-Saharan Africa;
(2) drought and famine in combination with other factors such
as desertification, government neglect of the agricultural
sector, and inappropriate economic policies have severely
affected long-term development in sub-Saharan Africa; and
(3) the most cost-effective and efficient way of overcoming
Africa's vulnerability to drought and famine is to address
Africa's long-term development needs through a process that
builds upon the needs and capabilities of the African people,
promotes sustained and equitable economic growth, preserves the
environment, and protects the rights of the individual.
(b) Authority to furnish assistance
The President is authorized to furnish project and program
assistance, on such terms and conditions as he may determine in
accordance with the policies contained in this section, for long-
term development in sub-Saharan Africa.
(c) Purpose of assistance
(1) Purpose
The purpose of assistance under this section shall be to help
the poor majority of men and women in sub-Saharan Africa to
participate in a process of long-term development through
economic growth that is equitable, participatory, environmentally
sustainable, and self-reliant.
(2) Use of assistance to encourage private sector development
Assistance under this section should, in a manner consistent
with paragraph (1), be used to promote sustained economic growth,
encourage private sector development, promote individual
initiatives, and help to reduce the role of central governments
in areas more appropriate for the private sector.
(d) Application of development assistance general authorities and
policies
Except to the extent inconsistent with this section -
(1) any reference in any law to part I of this subchapter
(including references to sections 2151a through 2151d of this
title) shall be deemed to include a reference to this section;
and
(2) assistance under this section shall be provided consistent
with the policies contained in section 2151-1 of this title.
(e) Private and voluntary organizations
(1) Consultation to ensure local perspectives
The Agency for International Development shall take into
account the local-level perspectives of the rural and urban poor
in sub-Saharan Africa, including women, during the planning
process for project and program assistance under this section. In
order to gain that perspective the Agency for International
Development should consult closely with African, United States,
and other private and voluntary organizations that have
demonstrated effectiveness in or commitment to the promotion of
local, grassroots activities on behalf of long-term development
in sub-Saharan Africa as described in subsection (c) of this
section.
(2) "Private and voluntary organization" defined
For purposes of this section, the term "private and voluntary
organization" includes (in addition to entities traditionally
considered to be private and voluntary organizations)
cooperatives, credit unions, trade unions, women's groups,
nonprofit development research institutions, and indigenous local
organizations, which are private and nonprofit.
(f) Local involvement in project implementation
Local people, including women, shall be closely consulted and
involved in the implementation of every project under this section
which as (!1) a local focus.(g) Participation of African women
The Agency for International Development shall ensure that
development activities assisted under this section incorporate a
significant expansion of the participation (including
decisionmaking) and integration of African women in each of the
critical sectors described in subsection (i) of this section.
(h) Types of assistance
(1) Projects and programs to address critical sectoral priorities
Assistance under this section shall emphasize primarily
projects and programs to address critical sectoral priorities for
long-term development described in subsection (i) of this
section.
(2) Reform of economic policies
(A) Use of program assistance
Assistance under this section may also include program
assistance to promote reform of sectoral economic policies
affecting long-term development in sub-Saharan Africa as
described in subsection (c) of this section, with primary
emphasis on reform of economic policies to support the critical
sectoral priorities described in subsection (i) of this
section.
(B) Protection of vulnerable groups
Assisted policy reforms shall also include provisions to
protect vulnerable groups (especially poor, isolated, and
female farmers, the urban poor, and children including
displaced children) and long-term environmental interests from
possible negative consequences of the reforms.
(3) Democratization and conflict resolution capabilities
Assistance under this section may also include program
assistance -
(A) to promote democratization, good governance, and strong
civil societies in sub-Saharan Africa; and
(B) to strengthen conflict resolution capabilities of
governmental, intergovernmental, and nongovernmental entities
in sub-Saharan Africa.
(4) Other assistance
Funds made available to carry out this section shall be used
almost exclusively for assistance in accordance with paragraphs
(1), (2), and (3). Assistance consistent with the purpose of
subsection (c) of this section may also be furnished under this
section to carry out the provisions of sections 2151a through
2151d of this title.
(i) Critical sectoral priorities
The critical sectoral priorities for long-term development, as
described in subsection (c) of this section, are the following:
(1) Agricultural production and natural resources
(A) Agricultural production
Increasing agricultural production in ways which protect and
restore the natural resource base, especially food production,
through agricultural policy changes, agricultural research
(including participatory research directly involving small
farmers) and extension, development and promotion of
agriculture marketing activities, credit facilities, and
appropriate production packages, and the construction and
improvement of needed production-related infrastructure such as
farm-to-market roads, small-scale irrigation, and rural
electrification. Within this process, emphasis shall be given
to promoting increased equity in rural income distribution,
recognizing the role of small farmers.
(B) Natural resource base
Maintaining and restoring the renewable natural resource base
primarily in ways which increase agricultural production,
through the following:
(i) Small-scale, affordable, resource-conserving, low-risk
local projects, using appropriate technologies (including
traditional agricultural methods) suited to local
environmental, resource, and climatic conditions, and
featuring close consultation with and involvement of local
people at all stages of project design and implementation.
Emphasis shall be given to grants for African local
government organizations, international or African
nongovernmental organizations, and United States private and
voluntary organizations.
(ii) Support for efforts at national and regional levels to
provide technical and other support for projects of the kinds
described in clause (i) and to strengthen the capacities of
African countries to provide effective extension and other
services in support of environmentally sustainable increases
in food production.
(iii) Support for special training and education efforts to
improve the capacity of countries in sub-Saharan Africa to
manage their own environments and natural resources.
(iv) Support for low-cost desalination activities in order
to increase the availability of fresh water sources in sub-
Saharan Africa.
(2) Health
Improving health conditions, with special emphasis on meeting
the health needs of mothers and children (including displaced
children) through the establishment of primary health care
systems that give priority to preventive health and that will be
ultimately self-sustaining. In addition, providing training and
training facilities, in sub-Saharan Africa, for doctors and other
health care providers, notwithstanding any provision of law that
restricts assistance to foreign countries.
(3) Voluntary family planning services
Providing increased access to voluntary family planning
services, including encouragement of private, community, and
local government initiatives.
(4) Education
Improving the relevance, equity, and efficiency of education,
with special emphasis on improving primary education.
(5) Income-generating opportunities
Developing income-generating opportunities for the unemployed
and underemployed in urban and rural areas through, among other
things, support for off-farm employment opportunities in micro-
and small-scale labor-intensive enterprises.
(j) Minimum levels of assistance for certain critical sectors
The Agency for International Development should target the
equivalent of 10 percent of the amount authorized to be
appropriated for each fiscal year to carry out this part for each
of the following:
(1) The activities described in subsection (i)(1)(B) of this
section, including identifiable components of agricultural
production projects.
(2) The activities described in subsection (i)(2) of this
section.
(3) The activities described in subsection (i)(3) of this
section.
(k) Effective use of assistance
Assistance provided under this section shall be concentrated in
countries which will make the most effective use of such assistance
in order to fulfill the purpose specified in subsection (c) of this
section, especially those countries (including those of the Sahel
region) having the greatest need for outside assistance.
(l) Promotion of regional integration
Assistance under this section shall, to the extent consistent
with this section, include assistance to promote the regional and
subregional integration of African production structures, markets,
and infrastructure.
(m) Donor coordination mechanism
Funds made available to carry out this section may be used to
assist the governments of countries in sub-Saharan Africa to
increase their capacity to participate effectively in donor
coordination mechanisms at the country, regional, and sector
levels.
(n) Relation to other authorities
(1) Assistance under other authorities
The authority granted by this section to provide assistance for
long-term development in sub-Saharan Africa is not intended to
preclude the use of other authorities for that purpose. Centrally
funded programs which benefit sub-Saharan Africa shall continue
to be funded under part I of this subchapter.
(2) Transfer authorities
(A) The transfer authority contained in section 2151g of this
title shall not apply with respect to this section.
(B) The transfer authority contained in section 2360(a) of this
title may not be used to transfer funds made available to carry
out this section in order to allow them to be used in carrying
out any other provision of this chapter.
(3) Reprogramming notifications
Section 2394-1 of this title does not apply with respect to
funds made available to carry out this section.
(4) Procurement of goods and services
In order to allow the assistance authorized by this section to
be furnished as effectively and expeditiously as possible,
section 2354(a) of this title, and similar provisions relating to
the procurement of goods and services, shall not apply with
respect to goods and services procured for use in carrying out
this section. The exemption provided by this paragraph shall not
be construed to apply to the Comprehensive Anti/Apartheid Act of
1986.
(o) Support for SADCC projects
(1) Authority to provide assistance
To the extent funds are provided for such purpose in the annual
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, funds made available to carry out this part
may be used to assist sector projects, in the sectors specified
in paragraph (2), that are supported by the Southern Africa
Development Coordination Conference (SADCC) to enhance the
economic development of the member states forming that regional
institution.
(2) Sectors
The sectors with respect to which assistance may be provided
under this subsection are the following: transportation; manpower
development; agriculture and natural resources; energy (including
the improved utilization of electrical power sources which
already exist in the member states and offer the potential to
swiftly reduce the dependence of those states on South Africa for
electricity); and industrial development and trade (including
private sector initiatives).
(3) Relation to DFA policies and authorities
To the maximum extent feasible, the assistance authorized by
this subsection shall be provided consistent with the policies
and authorities contained in the preceding subsection of this
section.-SOURCE-
(Pub. L. 87-195, pt. I, Sec. 496, as added Pub. L. 101-513, title
V, Sec. 562(a), Nov. 5, 1990, 104 Stat. 2026; amended Pub. L. 106-
200, title I, Sec. 127(c), May 18, 2000, 114 Stat. 273; Pub. L.
106-264, title I, Sec. 111(b), Aug. 19, 2000, 114 Stat. 752.)-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (n)(2)(B), was in the
original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
For complete classification of this Act to the Code, see Short
Title note set out under section 2151 of this title and Tables.
The Comprehensive Anti/Apartheid Act of 1986, referred to in
subsec. (n)(4), probably means the Comprehensive Anti-Apartheid Act
of 1986, which is Pub. L. 99-440, Oct. 2, 1986, 100 Stat. 1086, as
amended, and was classified principally to chapter 60 (Sec. 5001 et
seq.) of this title, prior to repeal by Pub. L. 103-149, Sec.
4(a)(1), (2), Nov. 23, 1993, 107 Stat. 1504, 1505. For complete
classification of this Act to the Code, see Tables.-MISC1-
PRIOR PROVISIONS
A prior section 2293, Pub. L. 87-195, pt. I, Sec. 496, as added
Pub. L. 93-559, Sec. 53, Dec. 30, 1974, 88 Stat. 1818; amended Pub.
L. 94-161, title III, Sec. 314, Dec. 20, 1975, 89 Stat. 866,
related to economic assistance, etc., to Portugal and Portuguese
colonies in Africa gaining independence, prior to repeal by Pub. L.
99-83, title XII, Sec. 1211(a)(4), Aug. 8, 1985, 99 Stat. 279,
effective Oct. 1, 1985.
AMENDMENTS
2000 - Subsec. (h)(3). Pub. L. 106-200, Sec. 127(c)(1)(B), added
par. (3). Former par. (3) redesignated (4).
Subsec. (h)(4). Pub. L. 106-200, Sec. 127(c)(1)(A), (2),
redesignated par. (3) as (4) and substituted "paragraphs (1), (2),
and (3)" for "paragraphs (1) and (2)" in first sentence.
Subsec. (i)(2). Pub. L. 106-264 inserted at end "In addition,
providing training and training facilities, in sub-Saharan Africa,
for doctors and other health care providers, notwithstanding any
provision of law that restricts assistance to foreign countries."-TRANS-
DELEGATION OF FUNCTIONS
For delegation of functions of President under this section, see
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.-MISC2-
AGRICULTURAL AND RURAL DEVELOPMENT IN SUB-SAHARAN AFRICA
Pub. L. 105-385, Sec. 2, Nov. 13, 1998, 112 Stat. 3460, provided
that:
"(a) Findings. - Congress finds the following:
"(1) The economic, security, and humanitarian interests of the
United States and the nations of sub-Saharan Africa would be
enhanced by sustainable, broad-based agricultural and rural
development in each of the African nations.
"(2) According to the Food and Agriculture Organization, the
number of undernourished people in Africa has more than doubled,
from approximately 100,000,000 in the late 1960s to 215,000,000
in 1998, and is projected to increase to 265,000,000 by the year
2010. According to the Food and Agriculture Organization, the
term 'under nutrition' means inadequate consumption of nutrients,
often adversely affecting children's physical and mental
development, undermining their future as productive and creative
members of their communities.
"(3) Currently, agricultural production in Africa employs about
two-thirds of the workforce but produces less than one-fourth of
the gross domestic product in sub-Saharan Africa, according to
the World Bank Group.
"(4) African women produce up to 80 percent of the total food
supply in Africa according to the International Food Policy
Research Institute.
"(5) An effective way to improve conditions of the poor is to
increase the productivity of the agricultural sector.
Productivity increases can be fostered by increasing research and
education in agriculture and rural development.
"(6) In November 1996, the World Food Summit set a goal of
reducing hunger worldwide by 50 percent by the year 2015 and
encouraged national governments to develop domestic food plans
and to support international aid efforts.
"(7) Although the World Bank Group recently has launched a
major initiative to support agricultural and rural development,
only 10 percent, or $1,200,000,000, of its total lending to sub-
Saharan Africa for fiscal years 1993 to 1997 was devoted to
agriculture.
"(8)(A) United States food processing and agricultural sectors
benefit greatly from the liberalization of global trade and
increased exports.
"(B) Africa represents a growing market for United States food
and agricultural products. Africa's food imports are projected to
rise from less than 8,000,000 metric tons in 1990 to more than
25,000,000 metric tons by the [sic] 2020.
"(9)(A) Increased private sector investment in African
countries and expanded trade between the United States and Africa
can greatly help African countries achieve food self-sufficiency
and graduate from dependency on international assistance.
"(B) Development assistance, technical assistance, and training
can facilitate and encourage commercial development in Africa,
such as improving rural roads, agricultural research and
extension, and providing access to credit and other resources.
"(10)(A) Several United States private voluntary organizations
have demonstrated success in empowering Africans through direct
business ownership and helping African agricultural producers
more efficiently and directly market their products.
"(B) Rural business associations, owned and controlled by
farmer shareholders, also greatly help agricultural producers to
increase their household incomes.
"(b) Declaration of Policy. - It is the policy of the United
States, consistent with title XII of part I of the Foreign
Assistance Act of 1961 [probably means title XII of chapter 2 of
part I of the Foreign Assistance Act of 1961, 22 U.S.C. 2220a et
seq.], to support governments of sub-Saharan African countries,
United States and African nongovernmental organizations,
universities, businesses, and international agencies, to help
ensure the availability of basic nutrition and economic
opportunities for individuals in sub-Saharan Africa, through
sustainable agriculture and rural development."
Pub. L. 105-385, title I, Nov. 13, 1998, 112 Stat. 3462, provided
that:"SEC. 101. AFRICA FOOD SECURITY INITIATIVE.
"(a) Additional Requirements in Carrying Out the Initiative. - In
providing development assistance under the Africa Food Security
Initiative, or any comparable or successor program, the
Administrator of the United States Agency for International
Development -
"(1) shall emphasize programs and projects that improve the
food security of infants, young children, school-age children,
women and food-insecure households, or that improve the
agricultural productivity, incomes, and marketing of the rural
poor in Africa;
"(2) shall solicit and take into consideration the views and
needs of intended beneficiaries and program participants during
the selection, planning, implementation, and evaluation phases of
projects;
"(3) shall favor countries that are implementing reforms of
their trade and investment laws and regulations in order to
enhance free market development in the food processing and
agricultural sectors; and
"(4) shall ensure that programs are designed and conducted in
cooperation with African and United States organizations and
institutions, such as private and voluntary organizations,
cooperatives, land-grant and other appropriate universities, and
local producer-owned cooperative marketing and buying
associations, that have expertise in addressing the needs of the
poor, small-scale farmers, entrepreneurs, and rural workers,
including women.
"(b) Sense of the Congress. - It is the sense of the Congress
that, if there is an increase in funding for sub-Saharan programs,
the Administrator of the United States Agency for International
Development should proportionately increase resources to the Africa
Food Security Initiative, or any comparable or successor program,
for fiscal year 2000 and subsequent fiscal years in order to meet
the needs of the countries participating in such Initiative."SEC. 102. MICROENTERPRISE ASSISTANCE.
"(a) Bilateral Assistance. - In providing microenterprise
assistance for sub-Saharan Africa, the Administrator of the United
States Agency for International Development shall, to the extent
practicable, use credit and microcredit assistance to improve the
capacity and efficiency of agriculture production in sub-Saharan
Africa of small-scale farmers and small rural entrepreneurs. In
providing assistance, the Administrator should use the applied
research and technical assistance capabilities of United States
land-grant universities.
"(b) Multilateral Assistance. -
"(1) In general. - The Administrator of the United States
Agency for International Development shall continue to work with
other countries, international organizations (including
multilateral development institutions), and entities assisting
microenterprises and shall develop a comprehensive and
coordinated strategy for providing microenterprise assistance for
sub-Saharan Africa.
"(2) Additional requirement. - In carrying out paragraph (1),
the Administrator should encourage the World Bank Consultative
Group to Assist the Poorest to coordinate the strategy described
in such paragraph."SEC. 103. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING
ASSOCIATIONS.
"(a) Purposes. - The purposes of this section are -
"(1) to support producer-owned cooperative purchasing and
marketing associations in sub-Saharan Africa;
"(2) to strengthen the capacity of farmers in sub-Saharan
Africa to participate in national and international private
markets and to promote rural development in sub-Saharan Africa;
"(3) to encourage the efforts of farmers in sub-Saharan Africa
to increase their productivity and income through improved access
to farm supplies, seasonal credit, technical expertise; and
"(4) to support small businesses in sub-Saharan Africa as they
grow beyond microenterprises.
"(b) Support for Producer-Owned Cooperative Marketing
Associations. -
"(1) Activities. -
"(A) In general. - The Administrator of the United States
Agency for International Development is authorized to utilize
relevant foreign assistance programs and initiatives for sub-
Saharan Africa to support private producer-owned cooperative
marketing associations in sub-Saharan Africa, including rural
business associations that are owned and controlled by farmer
shareholders.
"(B) Additional requirements. - In carrying out subparagraph
(A), the Administrator -
"(i) shall take into account small-scale farmers, small
rural entrepreneurs, and rural workers and communities; and
"(ii) shall take into account the local-level perspectives
of the rural and urban poor through close consultation with
these groups, consistent with section 496(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2293(e)(1)).
"(2) Other activities. - In addition to carrying out paragraph
(1), the Administrator is encouraged -
"(A) to cooperate with governments of foreign countries,
including governments of political subdivisions of such
countries, their agricultural research universities, and
particularly with United States nongovernmental organizations
and United States land-grant universities, that have
demonstrated expertise in the development and promotion of
successful private producer-owned cooperative marketing
associations; and
"(B) to facilitate partnerships between United States and
African cooperatives and private businesses to enhance the
capacity and technical and marketing expertise of business
associations in sub-Saharan Africa."SEC. 104. AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE
OVERSEAS PRIVATE INVESTMENT CORPORATION.
"(a) Purpose. - The purpose of this section is to encourage the
Overseas Private Investment Corporation to work with United States
businesses and other United States entities to invest in rural sub-
Saharan Africa, particularly in ways that will develop the
capacities of small-scale farmers and small rural entrepreneurs,
including women, in sub-Saharan Africa.
"(b) Sense of the Congress. - It is the sense of the Congress
that -
"(1) the Overseas Private Investment Corporation should
exercise its authority under law to undertake an initiative to
support private agricultural and rural development in sub-Saharan
Africa, including issuing loans, guaranties, and insurance, to
support rural development in sub-Saharan Africa, particularly to
support intermediary organizations that -
"(A) directly serve the needs of small-scale farmers, small
rural entrepreneurs, and rural producer-owned cooperative
purchasing and marketing associations;
"(B) have a clear track-record of support for sound business
management practices; and
"(C) have demonstrated experience with participatory
development methods; and
"(2) the Overseas Private Investment Corporation should utilize
existing equity funds, loan and insurance funds, to the extent
feasible and in accordance with existing contractual obligations,
to support agriculture and rural development in sub-Saharan
Africa."SEC. 105. AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.
"(a) Development of Plan. - The Administrator of the United
States Agency for International Development, in consultation with
the Secretary of Agriculture and appropriate Department of
Agriculture agencies, especially the Cooperative State, Research,
Education and Extension Service (CSREES), shall develop a
comprehensive plan to coordinate and build on the research and
extension activities of United States land-grant universities,
international agricultural research centers, and national
agricultural research and extension centers in sub-Saharan Africa.
"(b) Additional Requirements. - Such plan shall seek to ensure
that -
"(1) research and extension activities will respond to the
needs of small-scale farmers while developing the potential and
skills of researchers, extension agents, farmers, and
agribusiness persons in sub-Saharan Africa;
"(2) sustainable agricultural methods of farming will be
considered together with new technologies in increasing
agricultural productivity in sub-Saharan Africa; and
"(3) research and extension efforts will focus on sustainable
agricultural practices and will be adapted to widely varying
climates within sub-Saharan Africa."REPORTS TO CONGRESS
Section 562(c) of Pub. L. 101-513 provided that: "As part of the
annual Congressional Presentation materials for economic
assistance, the Administrator of the Agency for International
Development shall include a description of the progress made during
the previous fiscal year in carrying out chapter 10 of part I of
the Foreign Assistance Act of 1961 [this part] in three countries
in sub-Saharan Africa which represent differing economic situations
and levels of progress. The description shall include -
"(1) the nature and extent of consultation to ensure local
perspectives, as described in subsections (e)(1) and (f) of
section 496 [22 U.S.C. 2293(e)(1), (f)];
"(2) the degree of involvement of local people in the
implementation of projects having a local focus;
"(3) the extent to which there has been expansion of the
participation and integration of African women in each of the
critical sectors specified in section 496(i);
"(4) program assistance provided, including the amounts
obligated, the criteria used for assisting reforms, and the
provisions made pursuant to section 496(h)(2)(B) to protect
vulnerable groups from possible negative consequences of the
reforms; and
"(5) a description of the assistance for the critical sector
priorities specified in section 496(i), by sector, including the
amounts obligated."-FOOTNOTE-
(!1) So in original. Probably should be "has".
