II 

110TH CONGRESS 

1ST SESSION S. 1295 

To amend the African Development Foundation Act to change the name 

of the Foundation, modify the administrative authorities of the Foundation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mr. FEINGOLD (for himself, Mr. COLEMAN, and Ms. LANDRIEU) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

A BILL 

To amend the African Development Foundation Act to 

change the name of the Foundation, modify the administrative authorities of the Foundation, and for other purposes. 

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 Development 

5 Foundation Act of 2007’’. 

6 SEC. 2. RENAMING OF FOUNDATION. 

7 (a) RENAMING.—Section 503(a) of the African De8 velopment Foundation Act (22 U.S.C. 290h–1(a)) is 


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1 amended by striking ‘‘African Development Foundation’’ 

2 and inserting ‘‘United States African Development Foun3 dation’’. 

4 (b) REFERENCES.—Any reference in any law, regula5 tion, map, document, paper, or other record of the United 

6 States to the African Development Foundation shall be 

7 considered to be a reference to the United States African 

8 Development Foundation. 

9 SEC. 3. FUNCTIONS OF THE FOUNDATION. 

10 (a) ENTITIES ELIGIBLE TO RECEIVE GRANTS, 

11 LOANS, AND LOAN GUARANTEES.—Paragraph (1) of sub12 section (a) of section 505 of such Act (22 U.S.C. 290h– 

13 3(a)(1)) is amended by inserting after ‘‘other entity’’ the 

14 following: ‘‘(including small- and medium-sized enter15 prises)’’. 

16 (b) USE OF GRANT AND LOAN FUNDS.—Subpara17 graph (A) of such paragraph (22 U.S.C. 290h–3(a)(1)(A)) 

18 is amended by striking ‘‘local development institutions and 

19 the support of development efforts initiated by commu20 nities themselves’’ and inserting ‘‘local development insti21 tutions, including capital and technical assistance funds 

22 that promote the purposes of this title, and the support 

23 of development efforts initiated by communities them24 selves or their members’’. 


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1 (c) INCREASED LIMITATION ON FUNDING OF INDI2 VIDUAL PROJECTS.—Paragraph (2) of such subsection 

3 (22 U.S.C. 290h–3(a)(2)) is amended by striking 

4 ‘‘$250,000.’’ and inserting ‘‘$400,000. This funding limi5 tation may be exceeded only in exceptional circumstances 

6 and with the approval of the Board of Directors and notifi7 cation to Congress. Approval of the Board of Directors 

8 and notification to Congress shall not be required in the 

9 case of an increase of less than $50,000 that is necessary 

10 to maintain the original value of an award in local cur11 rency.’’. 

12 (d) COMMUNITY PROJECT PRIORITIES.—Subsection 

13 (b) of such section (22 U.S.C. 290h–3(b)) is amended— 

14 (1) in the first sentence, by striking ‘‘making 

15 grants, loans, and loan guarantees’’ and all that fol16 lows through ‘‘development’’ and inserting ‘‘making 

17 awards under subsection (a), the Foundation shall 

18 give priority to projects which community groups 

19 and small- and medium-sized enterprises undertake 

20 to foster development at the community level’’; and 

21 (2) in the second sentence, by striking ‘‘make 

22 such grants, loans, and loan guarantees’’ and insert23 ing ‘‘make awards’’. 


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1 (e) AUTHORITY TO MAKE AWARDS TO NON-AFRICAN

2 ENTITIES.—Such section is further amended by adding at 

3 the end the following new subsection: 

4 ‘‘(c) AUTHORITY TO MAKE AWARDS TO NON-AFRI5 CAN ENTITIES.—Upon the approval of the Board of Di6 rectors and notification to Congress, the Foundation may 

7 make an award to a small- or medium-sized enterprise 

8 that is not wholly-owned and controlled by indigenous Af9 ricans if it meets the following requirements: 

10 ‘‘(1) Ownership of the entity is predominantly 

11 vested in one or more individuals who are indigenous 

12 to Africa and who are representative and knowledge13 able of, and have a history of responding to, the 

14 needs and aspirations of the poor. 

15 ‘‘(2) Management and daily business operations 

16 of the entity are controlled by one or more individ17 uals who are indigenous to and reside in Africa.’’. 

18 (f) AUTHORITY TO PROVIDE TRAINING AND OTHER

19 TECHNICAL ASSISTANCE.—Such section, as amended by 

20 subsection (e), is further amended by adding at the end 

21 the following new subsection: 

22 ‘‘(d) AUTHORITY TO PROVIDE TRAINING AND

23 OTHER TECHNICAL ASSISTANCE.—The Foundation may 

24 provide training and other assistance to entities described 

25 in subsection (a) and to entities described in subsection 


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1 (c), subject to the requirements of such subsection, in 

2 order to carry out the purposes specified in section 504.’’. 

3 SEC. 4. POWERS OF FOUNDATION. 

4 Section 506(a) of such Act (22 U.S.C. 290h–4(a)) 

5 is amended— 

6 (1) by redesignating paragraphs (9), (10), (11), 

7 and (12) as paragraphs (10), (12), (13), and (14), 

8 respectively; 

9 (2) by inserting after paragraph (8) the fol10 lowing new paragraph: 

11 ‘‘(9) may make advance payments in an African 

12 country in accordance with lease or rental agree13 ments for periods of time determined by law or cus14 tom;’’; and 

15 (3) by inserting after paragraph (10), as redes16 ignated by paragraph (2) of this section, the fol17 lowing new paragraph: 

18 ‘‘(11) may maintain bank accounts outside the 

19 United States Treasury and retain any interest 

20 earned on such accounts in furtherance of the pur21 poses of this Act;’’. 

22 SEC. 5. MANAGEMENT OF FOUNDATION. 

23 (a) REIMBURSEMENT OF TRANSPORTATION EX24 PENSES.—Subsection (b) of section 507 of such Act (22 

25 U.S.C. 290h–5(b)) is amended by inserting after ‘‘transVerDate Aug 31 2005 22:42 May 04, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1295.IS S1295

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1 portation expenses’’ the following: ‘‘(in accordance with 

2 the Federal Travel Regulations (chapters 300 through 304 

3 of title 41, Code of Federal Regulations))’’. 

4 (b) LIMITED AUTHORITY TO MAKE APPOINTMENTS

5 WITHOUT REGARD TO CERTAIN CIVIL SERVICE LAWS.— 

6 Subsection (d) of such section (22 U.S.C. 290h–5(d)) is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(3) Subject to the full time equivalent (FTE) ceiling 

10 of the Foundation, the president may, without regard to 

11 civil service laws governing appointments in the competi12 tive service, provide time-limited appointments lasting up 

13 to 4 years to not more than 4 individuals. Individuals so 

14 appointed shall be subject to termination without regard 

15 to chapter 75 of title 5, United States Code.’’. 

16 (c) ELIMINATION OF REQUIREMENT TO ESTABLISH

17 ADVISORY COUNCIL.—Subsection (e) of such section is 

18 amended— 

19 (1) in paragraph (1), by striking ‘‘shall’’ and 

20 inserting ‘‘may’’; and 

21 (2) in paragraph (2), by striking ‘‘The Board’’ 

22 and inserting ‘‘If an advisory council is established 

23 under paragraph (1), the Board’’. 

Æ 


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