I 

111TH CONGRESS 

1ST SESSION H. R. 4392 

To amend the Foreign Assistance Act of 1961 to provide assistance to 

expand, improve, support, and promote higher education in the countries 

of sub-Saharan Africa. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. PAYNE (for himself, Ms. WATSON, Mr. FATTAH, Mr. RUSH, Mr. LEWIS

of Georgia, Ms. CLARKE, Ms. JACKSON-LEE of Texas, Ms. WOOLSEY, 

Ms. FUDGE, Mr. JACKSON of Illinois, Ms. LEE of California, and Mr. 

BISHOP of Georgia) introduced the following bill; which was referred to 

the Committee on Foreign Affairs 

A BILL 

To amend the Foreign Assistance Act of 1961 to provide 

assistance to expand, improve, support, and promote 

higher education in the countries of sub-Saharan Africa. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘African Higher Edu5 cation Expansion and Improvement Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The demand for higher education in Africa 

2 has been increasing at very high rates and is rapidly 

3 overtaking the capacity of current infrastructure and 

4 staffing capability. 

5 (2) Africa’s challenges in higher education are 

6 substantial and have important social, economic, and 

7 stability dimensions. 

8 (3) Despite increasing enrollments, sub-Saha9 ran Africa’s gross enrollment ration is just 5 percent 

10 as compared to 11 percent in India, 20 percent in 

11 China, and 70 percent in high income countries. 

12 (4) On average, institutions of higher education 

13 in Africa have only about 70 percent of the staff re14 quired by their programs; staff development, nur15 turing and retention are important elements of high16 er education programming. 

17 (5) In 2005, only 28 percent of African Univer18 sity graduates completed their degrees in science 

19 and technology (STEM) fields—agriculture, engi20 neering, health sciences, general sciences. 

21 (6) African higher education institutions have 

22 addressed many critical development challenges in 

23 collaboration with regional and international coun24 terparts, such as the United Nations, the InterVerDate Nov 24 2008 22:11 Dec 21, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4392.IH H4392

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1 national Agricultural Research Centres, and bilateral 

2 and regional assistance agencies. 

3 (7) Higher education has expanded to provide 

4 more opportunities for advanced education to grad5 uates of the secondary school systems and it has 

6 sought new ways to achieve university collaboration 

7 across national and regional boundaries. 

8 (8) Africa has made important strides as public 

9 universities have doubled from roughly 100 to 200 

10 from 1990 to 2007 and private tertiary institutions 

11 have increased from around 24 to an estimated 468 

12 during this same period. 

13 (9) Historically, sub-Saharan Africa was 

14 marked by several centers of excellence in higher 

15 education. Linked to former European sponsors, in16 stitutions such as Makerere University in Uganda, 

17 Kenyatta University in Kenya, Cheik Anta Diop 

18 University, Senegal, and the University of Ibadan in 

19 Nigeria graduated scholars and professionals that 

20 were highly prized around the globe and that served 

21 the interests of their respective nations well. 

22 (10) These universities serve as ‘‘centres of ex23 cellence’’ that also have major positive impacts on 

24 other universities in their respective regions, and are 


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1 currently making substantial progress in regaining 

2 their national and international prominence. 

3 (11) Increasing rates of higher education in de4 veloping countries is a critical component to long5 term economic growth and stability and poverty re6 duction. 

7 (12) Estimates indicate that a 1-year increase 

8 in tertiary education stock would raise steady-state 

9 levels of African Gross Domestic Product per capita 

10 by 12.2 percent due to factor inputs, potentially 

11 boosting incomes by 3 percent after 5 years. 

12 (13) Studies of 17 countries found that individ13 uals with higher education levels were more likely to 

14 engage in entrepreneurial activity, and more edu15 cated entrepreneurs created larger numbers of jobs 

16 than less educated entrepreneurs. 

17 (14) Research has found a positive and statis18 tically significant correlation between higher edu19 cation enrollment rates and governance indicators, 

20 including absence of corruption, higher stands of 

21 rule of law, absence of ethnic tensions, increased bu22 reaucratic quality, low risk of repudiation of con23 tracts by governments, and low risk of appropriation 

24 abuse. 


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1 (15) A cadre of skilled, educated Africans is a 

2 necessary component to addressing every sector of 

3 development, whether it be poverty alleviation and 

4 economic growth, combating disease, improving gov5 ernance, or rule of law and human rights, but such 

6 a cadre does not currently exist in large enough 

7 numbers to truly effect a sea-change in these areas 

8 in most of the countries in the region. 

9 (16) Exchange programs which bring Africans 

10 to developed countries for training, while an essen11 tial component of building intellectual capacity in 

12 Africa, will not by themselves reach enough students 

13 and scholars to have a transformational effect on Af14 rican institutions of higher education. 

15 SEC. 3. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) support for primary and secondary edu18 cation is vitally important to development in sub-Sa19 haran Africa and such support should be increased; 

20 (2) the United States and other donors must 

21 respond to the increased need for qualified teachers 

22 and demand for access to higher education created 

23 by expanded access to primary and secondary edu24 cation on the continent by providing commensurate 


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1 assistance to colleges and universities in sub-Saha2 ran Africa; 

3 (3) partnerships between United States colleges 

4 and universities and colleges and universities in sub5 Saharan Africa represent an important means 

6 through which access to quality tertiary education; 

7 (4) members of the African Diaspora have a 

8 crucial role to play in improving the capacity of Afri9 can colleges and universities; 

10 (5) the international donor community must 

11 help build indigenous intellectual capacity in sub-Sa12 haran Africa in order to expand and enhance the 

13 ability of Africans to achieve economic growth, im14 prove social and political stability, and to address 

15 such challenges as the HIV/AIDS pandemic, climate 

16 change, conflict and governance; and 

17 (6) the United States must commit to providing 

18 long-term assistance to build the capacity of higher 

19 education institutions in sub-Saharan Africa aimed 

20 at improving administrative capacity, physical infra21 structure and curriculum to provide high quality 

22 education in fields such as the social, natural, bio23 logical, agricultural, life, computer and health 

24 sciences; technology; business; engineering; mathe25 matics; economics; and education; and improve the 


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1 ability of institutions in sub-Saharan Africa to sup2 port and produce effective research, as well as high3 er numbers of better trained undergraduate, grad4 uate and post-graduate students and professionals to 

5 respond to the many challenges facing the region. 

6 SEC. 4. STATEMENT OF POLICY. 

7 It is the policy of the United States to provide long8 term assistance to expand, improve, support, and promote 

9 higher education in Africa by building the capacity of Afri10 can colleges and universities, through partnerships with 

11 colleges and universities in the United States to expand 

12 opportunities for students to obtain high quality 

13 undergraduate- and graduate-level degrees, as well as 

14 post-graduate training, at African colleges and univer15 sities. 

16 SEC. 5. ASSISTANCE TO EXPAND AND IMPROVE HIGHER 

17 EDUCATION IN SUB-SAHARAN AFRICA. 

18 Chapter 1 of part I of the Foreign Assistance Act 

19 of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting 

20 after section 105 the following new section: 

21 ‘‘SEC. 105A. ASSISTANCE TO EXPAND AND IMPROVE HIGH22 ER EDUCATION IN SUB-SAHARAN AFRICA. 

23 ‘‘(a) AUTHORIZATION.—The President, acting 

24 through the Director, is authorized to provide long-term 


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1 assistance to expand, improve, support, and promote high2 er education in sub-Saharan Africa. 

3 ‘‘(b) ACTIVITIES SUPPORTED.—Assistance provided 

4 under subsection (a) shall, to the maximum extent prac5 ticable, be used to— 

6 ‘‘(1) build the capacity of sub-Saharan African 

7 colleges and universities in the areas of— 

8 ‘‘(A) professional and academic training 

9 and faculty development and technical expertise 

10 with particular emphasis on mentoring and re11 tention of young and new faculty; 

12 ‘‘(B) development and strengthening of 

13 educational administrative capacity; 

14 ‘‘(C) undergraduate, graduate, and grad15 uate curricula development; 

16 ‘‘(D) improving infrastructure of academic 

17 facilities; and 

18 ‘‘(E) technical capacity, especially in the 

19 areas of research and institutional development; 

20 ‘‘(2) establish, expand, and promote linkages 

21 and partnerships between African colleges and uni22 versities and United States colleges and universities, 

23 with special attention to the inclusion of historically 

24 Black colleges and universities in the United States; 


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1 ‘‘(3) assist with efforts to recruit and retain 

2 women as students, faculty, and administrators at 

3 African colleges and universities; and 

4 ‘‘(4) establish an American University in West 

5 Africa. 

6 ‘‘(c) DIRECTOR OF ASSISTANCE TO SUPPORT AND

7 PROMOTE HIGHER EDUCATION IN SUB-SAHARAN AFRI8 CA.— 

9 ‘‘(1) IN GENERAL.—Not later than 60 days 

10 after the date of the enactment of this section, the 

11 Administrator shall designate a Director of Assist12 ance to Support and Promote Higher Education in 

13 Sub-Saharan Africa, who shall report directly to the 

14 Administrator, and who shall to carry out the re15 sponsibilities described in paragraph (2). 

16 ‘‘(2) RESPONSIBILITIES.—The responsibilities 

17 referred to in paragraph (1) include— 

18 ‘‘(A) ongoing consultations with African 

19 governments, particularly ministries of edu20 cation, regional organizations, and relevant edu21 cational institutions, teachers unions, and edu22 cation and educators’ organizations with respect 

23 to carrying out the activities described in sub24 section (b); 


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1 ‘‘(B) providing long-term assistance under 

2 subsection (a) to administer and support the 

3 activities described in subsection (b); and 

4 ‘‘(C) coordinating with other bureaus with 

5 in the Agency, with other relevant United 

6 States Government agencies, with the United 

7 States and African private sectors, with the 

8 higher education community in the United 

9 States, and with other bilateral and multilateral 

10 donors to maximize the gains and impact of ac11 tivities carried out under subsection (b)(1). 

12 ‘‘(3) PLAN.—No later than one year after the 

13 enactment of this section, the Director shall submit 

14 to the Administrator a plan to establish an Amer15 ican University in West Africa. In developing the 

16 plan, the Director shall— 

17 ‘‘(A) review existing international Amer18 ican University models in other countries, such 

19 as the American University in Cairo, the Amer20 ican University in Beruit, the American Univer21 sity in Nigeria, and others; 

22 ‘‘(B) consult relevant local African non23 governmental organizations, political and civic 

24 leaders, private and higher education sectors, 

25 and other stakeholders; 


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1 ‘‘(C) identify potential sources for sustain2 able funding including foundations, the private 

3 sector, and other local, national, and multilat4 eral donors; 

5 ‘‘(D) identify key principles and features 

6 that would distinguish the American University 

7 in West Africa from existing institutions in the 

8 region for transforming the region’s social and 

9 economic development through institutional and 

10 capacity building; 

11 ‘‘(E) develop a process and criteria for site 

12 selection, including an assessment of national 

13 legal framework for new universities, whereupon 

14 the institution shall be known as the American 

15 university in country name; and 

16 ‘‘(F) outline a process for implementation. 

17 ‘‘(d) SUB-SAHARAN AFRICAN HIGHER EDUCATION

18 ADVISORY BOARD.— 

19 ‘‘(1) ESTABLISHMENT.—There is hereby estab20 lished within the Agency a Sub-Saharan African 

21 Higher Education Advisory Board. 

22 ‘‘(2) MEMBERSHIP.— 

23 ‘‘(A) NUMBER AND APPOINTMENT.—The 

24 Board shall be composed of members appointed 

25 by the Administrator in consultation with the 


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1 Speaker and the minority leader of the House 

2 of Representatives and the majority and minor3 ity leaders of the Senate. 

4 ‘‘(B) QUALIFICATIONS.—The members of 

5 the Board shall be individuals from the private 

6 sector, three of whom shall have demonstrable 

7 knowledge of Africa, the field of higher edu8 cation or higher education in Africa, three of 

9 whom shall be from higher education institu10 tions from Africa from a list submitted by the 

11 Association of African Universities, and one of 

12 whom shall be a president of an historically 

13 Black college or university in the United States. 

14 ‘‘(3) DUTIES.—The Board shall— 

15 ‘‘(A) advise and assist the Director in car16 rying out the responsibilities described in this 

17 section; 

18 ‘‘(B) not less than twice a year, meet with 

19 senior officials of the Agency in order to fulfill 

20 the duty described in subparagraph (A); and 

21 ‘‘(C) once a year, submit to the Director 

22 and Administrator a report, which shall be 

23 made publicly available, which— 


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1 ‘‘(i) describes and evaluates the imple2 mentation of this section for the preceding 

3 year; and 

4 ‘‘(ii) evaluates the implementation of 

5 this section for the preceding year, includ6 ing the extent to which— 

7 ‘‘(I) the requirement of sub8 section (b)(2) with respect to partici9 pation of historically Black colleges 

10 and universities in the United States 

11 was met; and 

12 ‘‘(II) the requirement of sub13 section (b)(3) was met. 

14 ‘‘(e) PUBLIC PRIVATE PARTNERSHIPS.—The Direc15 tor and the Board shall make every effort to leverage re16 sources from the private sector in carrying out the respon17 sibilities described in this section. 

18 ‘‘(f) REPORTS TO CONGRESS.— 

19 ‘‘(1) INITIAL REPORT.—Not later than 1 year 

20 after the date of the enactment of this section, the 

21 President shall transmit to the Committee on For22 eign Affairs of the House of Representatives and the 

23 Committee on Foreign Relations of the Senate a re24 port that contains— 


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1 ‘‘(A) benchmarks for measuring the long2 term impact of activities carried out under this 

3 section; 

4 ‘‘(B) a proposal for enhancing opportuni5 ties for the African Diaspora to engage in ac6 tivities to improve the capacity, on either an on7 going or short-term basis, of colleges and uni8 versities in their country of origin; and 

9 ‘‘(C) plans for specific interventions to 

10 support the recruitment and retention of young 

11 and new professors, scholars, and researchers at 

12 African colleges and universities that identifies 

13 barriers to their recruitment and retention and 

14 details programmatic interventions undertaken 

15 to overcome such barriers. 

16 ‘‘(2) ANNUAL REPORT.—Not later than 1 year 

17 after the date of transmission of the initial report 

18 under paragraph (1), and every year thereafter 

19 through fiscal year 2014, the President shall trans20 mit to the congressional committees specified in 

21 paragraph (1) a report that contains a description of 

22 the activities carried out under this section for the 

23 preceding fiscal year and the progress made toward 

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1 port, and any program adjustments undertaken to 

2 improve efforts to achieve those benchmarks. 

3 ‘‘(g) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘Administrator’ means the Ad5 ministrator of the Agency; 

6 ‘‘(2) the term ‘Agency’ means the United States 

7 Agency for International Development; 

8 ‘‘(3) the term ‘Board’ means the Sub-Saharan 

9 African Higher Education Advisory Board estab10 lished pursuant to subsection (d); 

11 ‘‘(4) the term ‘Director’ means the Director of 

12 Assistance to Support and Promote Higher Edu13 cation in Sub-Saharan Africa designated pursuant to 

14 subsection (c); and 

15 ‘‘(5) the term ‘higher education’ means post16 secondary undergraduate, graduate, and post17 graduate academic training. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—To 

19 carry out this section, there are authorized to be appro20 priated to the President such sums as may be necessary 

21 for each of the fiscal years 2010 through 2014. Of the 

22 amount appropriated pursuant to the authorization of ap23 propriations under this subsection for a fiscal year, such 

24 sums as may be necessary are authorized to be provided 

25 for planning the Africa University in West Africa and such 


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1 sums as may be necessary for initial start up of the Uni2 versity.’’. 

Æ 


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