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19 U.S.C. § 3737 — Additional authorities and increased flexi-

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3737 — Additional authorities and increased flexi-

Page 908 TITLE 19—CUSTOMS DUTIES § 3736 (2) identify, where appropriate, tariff and nontariff barriers that are preventing or hin- dering sales of United States goods and serv- ices to, or the operation of United States com- panies in, sub-Saharan Africa; (3) hold discussions with appropriate au- thorities in sub-Saharan Africa on the matters described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services; (4) identify current resource allocations and personnel levels in sub-Saharan Africa for the Commercial Service and consider plans for the deployment of additional resources or per- sonnel to that region; and (5) make available to the public, through printed and electronic means of communica- tion, the information derived pursuant to paragraphs (1) through (4) for each of the 4 years after May 18, 2000. (Pub. L. 106–200, title I, § 125, May 18, 2000, 114 Stat. 270.) § 3736. Donation of air traffic control equipment to eligible sub-Saharan African countries It is the sense of the Congress that, to the ex- tent appropriate, the United States Government should make every effort to donate to govern- ments of sub-Saharan African countries deter- mined to be eligible under section 3703 of this title air traffic control equipment that is no longer in use, including appropriate related re- imbursable technical assistance. (Pub. L. 106–200, title I, § 126, May 18, 2000, 114 Stat. 271.) § 3737. Additional authorities and increased flexi- bility to provide assistance under the Devel- opment Fund for Africa (a) Use of sustainable development assistance to support further economic growth It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in l

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Page 908 TITLE 19—CUSTOMS DUTIES § 3736 (2) identify, where appropriate, tariff and nontariff barriers that are preventing or hin- dering sales of United States goods and serv- ices to, or the operation of United States com- panies in, sub-Saharan Africa; (3) hold discussions with appropriate au- thorities in sub-Saharan Africa on the matters described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services; (4) identify current resource allocations and personnel levels in sub-Saharan Africa for the Commercial Service and consider plans for the deployment of additional resources or per- sonnel to that region; and (5) make available to the public, through printed and electronic means of communica- tion, the information derived pursuant to paragraphs (1) through (4) for each of the 4 years after May 18, 2000. (Pub. L. 106–200, title I, § 125, May 18, 2000, 114 Stat. 270.) § 3736. Donation of air traffic control equipment to eligible sub-Saharan African countries It is the sense of the Congress that, to the ex- tent appropriate, the United States Government should make every effort to donate to govern- ments of sub-Saharan African countries deter- mined to be eligible under section 3703 of this title air traffic control equipment that is no longer in use, including appropriate related re- imbursable technical assistance. (Pub. L. 106–200, title I, § 126, May 18, 2000, 114 Stat. 271.) § 3737. Additional authorities and increased flexi- bility to provide assistance under the Devel- opment Fund for Africa (a) Use of sustainable development assistance to support further economic growth It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in large measure upon the development of a re- ceptive environment for trade and investment, and that to achieve this objective the United States Agency for International Development should continue to support programs which help to create this environment. Investments in human resources, development, and implemen- tation of free market policies, including policies to liberalize agricultural markets and improve food security, and the support for the rule of law and democratic governance should continue to be encouraged and enhanced on a bilateral and regional basis. (b) Declarations of policy The Congress makes the following declara- tions: (1) The Development Fund for Africa estab- lished under chapter 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2293 et seq.) has been an effective tool in providing devel- opment assistance to sub-Saharan Africa since 1988. (2) The Development Fund for Africa will complement the other provisions of this chap- ter and lay a foundation for increased trade and investment opportunities between the United States and sub-Saharan Africa. (3) Assistance provided through the Develop- ment Fund for Africa will continue to support programs and activities that promote the long term economic development of sub-Saharan Africa, such as programs and activities relat- ing to the following: (A) Strengthening primary and vocational education systems, especially the acquisi- tion of middle-level technical skills for oper- ating modern private businesses and the in- troduction of college level business edu- cation, including the study of international business, finance, and stock exchanges. (B) Strengthening health care systems. (C) Supporting democratization, good gov- ernance and civil society and conflict resolu- tion efforts. (D) Increasing food security by promoting the expansion of agricultural and agri- culture-based industrial production and pro- ductivity and increasing real incomes for poor individuals. (E) Promoting an enabling environment for private sector-led growth through sus- tained economic reform, privatization pro- grams, and market-led economic activities. (F) Promoting decentralization and local participation in the development process, es- pecially linking the rural production sectors and the industrial and market centers throughout Africa. (G) Increasing the technical and manage- rial capacity of sub-Saharan African individ- uals to manage the economy of sub-Saharan Africa. (H) Ensuring sustainable economic growth through environmental protection. (4) The African Development Foundation has a unique congressional mandate to empower the poor to participate fully in development and to increase opportunities for gainful em- ployment, poverty alleviation, and more equi- table income distribution in sub-Saharan Afri- ca. The African Development Foundation has worked successfully to enhance the role of women as agents of change, strengthen the in- formal sector with an emphasis on supporting micro and small sized enterprises, indigenous technologies, and mobilizing local financing. The African Development Foundation should develop and implement strategies for pro- moting participation in the socioeconomic de- velopment process of grassroots and informal sector groups such as nongovernmental orga- nizations, cooperatives, artisans, and traders into the programs and initiatives established under this chapter. (Pub. L. 106–200, title I, § 127, May 18, 2000, 114 Stat. 272.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 10 of part I of the Act is classified generally to part X (§ 2293 et seq.) of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Page 909 TITLE 19—CUSTOMS DUTIES § 3741 Title note set out under section 2151 of Title 22 and Ta- bles. CODIFICATION Section is comprised of section 127 of Pub. L. 106–200. Subsec. (c) of section 127 of Pub. L. 106–200 amended section 2293 of Title 22, Foreign Relations and Inter- course. Statutory Notes and Related Subsidiaries CHANGE OF NAME African Development Foundation changed to United States African Development Foundation by Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 of Title 22, Foreign Relations and Inter- course. § 3738. Assistance from United States private sec- tor to prevent and reduce HIV/AIDS in sub- Saharan Africa It is the sense of the Congress that United States businesses should be encouraged to pro- vide assistance to sub-Saharan African coun- tries to prevent and reduce the incidence of HIV/ AIDS in sub-Saharan Africa. In providing such assistance, United States businesses should be encouraged to consider the establishment of an HIV/AIDS Response Fund in order to provide for coordination among such businesses in the col- lection and distribution of the assistance to sub- Saharan African countries. (Pub. L. 106–200, title I, § 128, May 18, 2000, 114 Stat. 273.) § 3739. Sense of the Congress relating to HIV/ AIDS crisis in sub-Saharan Africa (a) Findings The Congress finds the following: (1) Sustained economic development in sub- Saharan Africa depends in large measure upon successful trade with and foreign assistance to the countries of sub-Saharan Africa. (2) The HIV/AIDS crisis has reached epi- demic proportions in sub-Saharan Africa, where more than 21,000,000 men, women, and children are infected with HIV. (3) Eighty-three percent of the estimated 11,700,000 deaths from HIV/AIDS worldwide have been in sub-Saharan Africa. (4) The HIV/AIDS crisis in sub-Saharan Afri- ca is weakening the structure of families and societies. (5)(A) The HIV/AIDS crisis threatens the fu- ture of the workforce in sub-Saharan Africa. (B) Studies show that HIV/AIDS in sub-Sa- haran Africa most severely affects individuals between the ages of 15 and 49—the age group that provides the most support for the econo- mies of sub-Saharan African countries. (6) Clear evidence demonstrates that HIV/ AIDS is destructive to the economies of sub- Saharan African countries. (7) Sustained economic development is crit- ical to creating the public and private sector resources in sub-Saharan Africa necessary to fight the HIV/AIDS epidemic. (b) Sense of the Congress It is the sense of the Congress that— (1) addressing the HIV/AIDS crisis in sub-Sa- haran Africa should be a central component of United States foreign policy with respect to sub-Saharan Africa; (2) significant progress needs to be made in preventing and treating HIV/AIDS in sub-Sa- haran Africa in order to sustain a mutually beneficial trade relationship between the United States and sub-Saharan African coun- tries; and (3) the HIV/AIDS crisis in sub-Saharan Afri- ca is a global threat that merits further atten- tion through greatly expanded public, private, and joint public-private efforts, and through appropriate United States legislation. (Pub. L. 106–200, title I, § 129, May 18, 2000, 114 Stat. 273.) § 3740. Study on improving African agricultural practices (a) In general The Secretary of Agriculture, in consultation with American Land Grant Colleges and Univer- sities and not-for-profit international organiza- tions, is authorized to conduct a 2-year study on ways to improve the flow of American farming techniques and practices to African farmers. The study shall include an examination of ways of improving or utilizing— (1) knowledge of insect and sanitation proce- dures; (2) modern farming and soil conservation techniques; (3) modern farming equipment (including maintaining the equipment); (4) marketing crop yields to prospective pur- chasers; and (5) crop maximization practices. The Secretary of Agriculture shall submit the study to the Committee on Agriculture, Nutri- tion, and Forestry of the Senate and the Com- mittee on Agriculture of the House of Rep- resentatives not later than September 30, 2001. (b) Land Grant Colleges and not-for-profit insti- tutions In conducting the study under subsection (a), the Secretary of Agriculture is encouraged to consult with American Land Grant Colleges and not-for-profit international organizations that have firsthand knowledge of current African farming practices. (Pub. L. 106–200, title I, § 130, May 18, 2000, 114 Stat. 274.) § 3741. Sense of the Congress regarding efforts to combat desertification in Africa and other countries (a) Findings The Congress finds that— (1) desertification affects approximately one-sixth of the world’s population and one- quarter of the total land area; (2) over 1,000,000 hectares of Africa are af- fected by desertification; (3) dryland degradation is an underlying cause of recurrent famine in Africa; (4) the United Nations Environment Pro- gramme estimates that desertification costs the world $42,000,000,000 a year, not including incalculable costs in human suffering; and

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3737 — Additional authorities and increased flexibility to provide assistance under the Development Fund for Africa

**(a) Use of sustainable development assistance to support further economic growth** It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in large measure upon the development of a receptive environment for trade and investment, and that to achieve this objective the United States Agency for International Development should continue to support programs which help to create this environment. Investments in human resources, development, and implementation of free market policies, including policies to liberalize agricultural markets and improve food security, and the support for the rule of law and democratic governance should continue to be encouraged and enhanced on a bilateral and regional basis. **(b) Declarations of policy** The Congress makes the following declarations: (1) The Development Fund for Africa established under chapter 10 of part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2293](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2293&num=0&edition=prelim) et seq.) has been an effective tool in providing development assistance to sub-Saharan Africa since 1988. (2) The Development Fund for Africa will complement the other provisions of this chapter and lay a foundation for increased trade and investment opportunities between the United States and sub-Saharan Africa. (3) Assistance provided through the Development Fund for Africa will continue to support programs and activities that promote the long term economic development of sub-Saharan Africa, such as programs and activities relating to the following: (A) Strengthening primary and vocational education systems, especially the acquisition of middle-level technical skills for operating modern private businesses and the introduc

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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** E

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2293 — Long-term development assistance for

Page 754 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 1 So in original. Probably should be ‘‘has’’. Section 2292q, Pub. L. 87–195, pt. I, § 495K, as added Pub. L. 99–8, § 2, Apr. 2, 1985, 99 Stat. 21, authorized Afri- can famine assistance. PART X—DEVELOPMENT FUND FOR AFRICA Editorial Notes PRIOR PROVISIONS A prior part X, consisting of sections 2293 and 2294, re- lated to assistance 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. § 2293. Long-term development assistance for sub-Saharan Africa (a) Findings The Congress finds that— (1) drought and famine have caused count- less deaths and untold suffering among the people of sub-Saharan Africa; (2) drought and famine in combination with other factors such as desertification, govern- ment neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saha- ran 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 eq- uitable economic growth, preserves the envi- ronment, and protects the rights of the indi- vidual. (b) Authority to furnish assistance The President is authorized to furnish project and program assistance, on such terms and con- ditions 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

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