22 U.S.C. § 2293 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2293. Long-term development assistance for sub-Saharan Africa
(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.
(Pub. L. 87–195, pt. I, § 496, as added Pub. L. 101–513, title V, § 562(a), Nov. 5, 1990, 104 Stat. 2026; amended Pub. L. 106–200, title I, § 127(c), May 18, 2000, 114 Stat. 273; Pub. L. 106–264, title I, § 111(b), Aug. 19, 2000, 114 Stat. 752.)
heading: References in Text
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 (§ 5001 et seq.) of this title, prior to repeal by Pub. L. 103–149, § 4(a)(1), (2), Nov. 23, 1993, 107 Stat. 1504, 1505. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: A prior section 2293, Pub. L. 87–195, pt. I, § 496, as added Pub. L. 93–559, § 53, Dec. 30, 1974, 88 Stat. 1818; amended Pub. L. 94–161, title III, § 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, § 1211(a)(4), Aug. 8, 1985, 99 Stat. 279, effective Oct. 1, 1985.
heading: Amendments
text: 2000—Subsec. (h)(3). Pub. L. 106–200, § 127(c)(1)(B), added par. (3). Former par. (3) redesignated (4).
Subsec. (h)(4). Pub. L. 106–200, § 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.”
heading: Delegation of Functions
text: 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.
heading: Agricultural and Rural Development in Sub-Saharan Africa
text: Pub. L. 105–385, § 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, as amended by Pub. L. 110–234, title VII, § 7511(c)(39), May 22, 2008, 122 Stat. 1271; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(39), June 18, 2008, 122 Stat. 1664, 2032, 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 National Institute of Food and Agriculture, 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.”
heading: Reports to Congress
text: Pub. L. 101–513, title V, § 562(c), Nov. 5, 1990, 104 Stat. 2030, 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.”