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 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 sec- tor development Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, en- courage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more ap- propriate for the private sector. (d) Application of development assistance gen- eral 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 pro- vided 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 per- spectives of the rural and urban poor in sub- Saharan Africa, including women, during the planning process for project and program as- sistance under this section. In order to gain that perspective the Agency for International Development should consult closely with Afri- can, United States, and other private and vol- untary organizations that have demonstrated effectiveness in or commitment to the pro- motion of local, grassroots activities on behalf of long-term development in sub-Saharan Afri- ca as described in subsection (c). (2) ‘‘Private and voluntary organization’’ de- fined For purposes of this section, the term ‘‘pri- vate and voluntary organization’’ includes (in addition to entities traditionally considered to be private and voluntary organizations) co- operatives, credit unions, trade unions, wom- en’s groups, nonprofit development research institutions, and indigenous local organiza- tions, which are private and nonprofit. (f) Local involvement in project implementation Local people, including women, shall be close- ly 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 as- sisted under this section incorporate a signifi- cant expansion of the participation (including decisionmaking) and integration of African women in each of the critical sectors described in subsection (i). (h) Types of assistance (1) Projects and programs to address critical sectoral priorities Assistance under this section shall empha- size primarily projects and programs to ad- dress critical sectoral priorities for long-term development described in subsection (i). (2) Reform of economic policies (A) Use of program assistance Assistance under this section may also in- clude program assistance to promote reform of sectoral economic policies affecting long- term development in sub-Saharan Africa as described in subsection (c), with primary emphasis on reform of economic policies to support the critical sectoral priorities de- scribed in subsection (i). (B) Protection of vulnerable groups Assisted policy reforms shall also include provisions to protect vulnerable groups (es- pecially poor, isolated, and female farmers, Page 755 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 the urban poor, and children including dis- placed children) and long-term environ- mental interests from possible negative con- sequences of the reforms. (3) Democratization and conflict resolution ca- pabilities Assistance under this section may also in- clude program assistance— (A) to promote democratization, good gov- ernance, and strong civil societies in sub-Sa- haran Africa; and (B) to strengthen conflict resolution capa- bilities of governmental, intergovernmental, and nongovernmental entities in sub-Saha- ran Africa. (4) Other assistance Funds made available to carry out this sec- tion shall be used almost exclusively for as- sistance in accordance with paragraphs (1), (2), and (3). Assistance consistent with the purpose of subsection (c) may also be furnished under this section to carry out the provisions of sec- tions 2151a through 2151d of this title. (i) Critical sectoral priorities The critical sectoral priorities for long-term development, as described in subsection (c), are the following: (1) Agricultural production and natural re- sources (A) Agricultural production Increasing agricultural production in ways which protect and restore the natural re- source base, especially food production, through agricultural policy changes, agri- cultural research (including participatory research directly involving small farmers) and extension, development and promotion of agriculture marketing activities, credit facilities, and appropriate production pack- ages, 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 pro- moting increased equity in rural income dis- tribution, 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-con- serving, low-risk local projects, using ap- propriate technologies (including tradi- tional agricultural methods) suited to local environmental, resource, and cli- matic conditions, and featuring close con- sultation with and involvement of local people at all stages of project design and implementation. Emphasis shall be given to grants for African local government or- ganizations, international or African non- governmental organizations, and United States private and voluntary organiza- tions. (ii) Support for efforts at national and regional levels to provide technical and other support for projects of the kinds de- scribed in clause (i) and to strengthen the capacities of African countries to provide effective extension and other services in support of environmentally sustainable in- creases in food production. (iii) Support for special training and edu- cation efforts to improve the capacity of countries in sub-Saharan Africa to manage their own environments and natural re- sources. (iv) Support for low-cost desalination ac- tivities in order to increase the avail- ability of fresh water sources in sub-Saha- ran 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 pri- mary 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 re- stricts assistance to foreign countries. (3) Voluntary family planning services Providing increased access to voluntary family planning services, including encourage- ment of private, community, and local govern- ment initiatives. (4) Education Improving the relevance, equity, and effi- ciency 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 op- portunities in micro- and small-scale labor-in- tensive enterprises. (j) Minimum levels of assistance for certain crit- ical 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), including identifiable components of agricultural production projects. (2) The activities described in subsection (i)(2). (3) The activities described in subsection (i)(3). (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), es- pecially those countries (including those of the Sahel region) having the greatest need for out- side assistance. (l) Promotion of regional integration Assistance under this section shall, to the ex- tent consistent with this section, include assist- Page 756 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 ance to promote the regional and subregional in- tegration of African production structures, mar- kets, and infrastructure. (m) Donor coordination mechanism Funds made available to carry out this section may be used to assist the governments of coun- tries in sub-Saharan Africa to increase their ca- pacity to participate effectively in donor coordi- nation 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 pre- clude the use of other authorities for that pur- pose. Centrally funded programs which benefit sub-Saharan Africa shall continue to be fund- ed under part I of this subchapter. (2) Transfer authorities (A) The transfer authority contained in sec- tion 2151g of this title shall not apply with re- spect to this section. (B) The transfer authority contained in sec- tion 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 chap- ter. (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 Com- prehensive 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, Ex- port Financing, and Related Programs Appro- priations 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 develop- ment of the member states forming that re- gional institution. (2) Sectors The sectors with respect to which assistance may be provided under this subsection are the following: transportation; manpower develop- ment; agriculture and natural resources; en- ergy (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 sec- tor initiatives). (3) Relation to DFA policies and authorities To the maximum extent feasible, the assist- ance authorized by this subsection shall be provided consistent with the policies and au- thorities contained in the preceding sub- section 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.) Editorial Notes 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, 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, re- ferred to in subsec. (n)(4), probably means the Com- prehensive Anti-Apartheid Act of 1986, which is Pub. L. 99–440, Oct. 2, 1986, 100 Stat. 1086, 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. PRIOR PROVISIONS 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 Por- tugal and Portuguese colonies in Africa gaining inde- pendence, prior to repeal by Pub. L. 99–83, title XII, § 1211(a)(4), Aug. 8, 1985, 99 Stat. 279, effective Oct. 1, 1985. AMENDMENTS 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), redes- ignated par. (3) as (4) and substituted ‘‘paragraphs (1), (2), and (3)’’ for ‘‘paragraphs (1) and (2)’’ in first sen- tence. Subsec. (i)(2). Pub. L. 106–264 inserted at end ‘‘In addi- tion, providing training and training facilities, in sub- Saharan Africa, for doctors and other health care pro- viders, notwithstanding any provision of law that re- stricts assistance to foreign countries.’’ Statutory Notes and Related Subsidiaries ELECTRIFY AFRICA Pub. L. 114–121, Feb. 8, 2016, 130 Stat. 86, as amended by Pub. L. 115–254, div. F, title VI, § 1470(k), Oct. 5, 2018, 132 Stat. 3517, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Electrify Africa Act of 2015’. ‘‘SEC. 2. PURPOSE. ‘‘The purpose of this Act is to encourage the efforts of countries in sub-Saharan Africa to improve access to affordable and reliable electricity in Africa in order to unlock the potential for inclusive economic growth, job creation, food security, improved health, education, and environmental outcomes, and poverty reduction. ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘It is the policy of the United States to partner, con- sult, and coordinate with the governments of sub-Saha- Page 757 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 ran African countries, international financial institu- tions, and African regional economic communities, co- operatives, and the private sector, in a concerted effort to— ‘‘(1) promote first-time access to power and power services for at least 50,000,000 people in sub-Saharan Africa by 2020 in both urban and rural areas; ‘‘(2) encourage the installation of at least 20,000 ad- ditional megawatts of electrical power in sub-Saha- ran Africa by 2020 using a broad mix of energy op- tions to help reduce poverty, promote sustainable de- velopment, and drive inclusive economic growth; ‘‘(3) promote non-discriminatory reliable, afford- able, and sustainable power in urban areas (including small urban areas) to promote economic growth and job creation; ‘‘(4) promote policies to facilitate public-private partnerships to provide non-discriminatory reliable, sustainable, and affordable electrical service to rural and underserved populations; ‘‘(5) encourage the necessary in-country reforms, including facilitating public-private partnerships spe- cifically to support electricity access projects to make such expansion of power access possible; ‘‘(6) promote reforms of power production, delivery, and pricing, as well as regulatory reforms and trans- parency, to support long-term, market-based power generation and distribution; ‘‘(7) promote policies to displace kerosene lighting with other technologies; ‘‘(8) promote an all-of-the-above energy develop- ment strategy for sub-Saharan Africa that includes the use of oil, natural gas, coal, hydroelectric, wind, solar, and geothermal power, and other sources of en- ergy; and ‘‘(9) promote and increase the use of private financ- ing and seek ways to remove barriers to private fi- nancing and assistance for projects, including through charitable organizations. ‘‘SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR STRATEGY. ‘‘(a) STRATEGY REQUIRED.— ‘‘(1) IN GENERAL.—The President shall establish a comprehensive, integrated, multiyear strategy to en- courage the efforts of countries in sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions to provide ac- cess to sufficient reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation consistent with the policy stated in section 3. ‘‘(2) FLEXIBILITY AND RESPONSIVENESS.—The Presi- dent shall ensure that the strategy required under paragraph (1) maintains sufficient flexibility for and remains responsive to concerns and interests of af- fected local communities and technological innova- tion in the power sector. ‘‘(b) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Feb. 8, 2016], the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that contains the strategy required under subsection (a) and includes a discussion of the following elements: ‘‘(1) The objectives of the strategy and the criteria for determining the success of the strategy. ‘‘(2) A general description of efforts in sub-Saharan Africa to— ‘‘(A) increase power production; ‘‘(B) strengthen electrical transmission and dis- tribution infrastructure; ‘‘(C) provide for regulatory reform and trans- parent and accountable governance and oversight; ‘‘(D) improve the reliability of power; ‘‘(E) maintain the affordability of power; ‘‘(F) maximize the financial sustainability of the power sector; and ‘‘(G) improve non-discriminatory access to power that is done in consultation with affected commu- nities. ‘‘(3) A description of plans to support efforts of countries in sub-Saharan Africa to increase access to power in urban and rural areas, including a descrip- tion of plans designed to address commercial, indus- trial, and residential needs. ‘‘(4) A description of plans to support efforts to re- duce waste and corruption, ensure local community consultation, and improve existing power generation through the use of a broad power mix, including fossil fuel and renewable energy, distributed generation models, energy efficiency, and other technological in- novations, as appropriate. ‘‘(5) An analysis of existing mechanisms for ensur- ing, and recommendations to promote— ‘‘(A) commercial cost recovery; ‘‘(B) commercialization of electric service through distribution service providers, including cooperatives, to consumers; ‘‘(C) improvements in revenue cycle management, power pricing, and fees assessed for service con- tracts and connections; ‘‘(D) reductions in technical losses and commer- cial losses; and ‘‘(E) non-discriminatory access to power, includ- ing recommendations on the creation of new service provider models that mobilize community partici- pation in the provision of power services. ‘‘(6) A description of the reforms being undertaken or planned by countries in sub-Saharan Africa to en- sure the long-term economic viability of power projects and to increase access to power, including— ‘‘(A) reforms designed to allow third parties to connect power generation to the grid; ‘‘(B) policies to ensure there is a viable and inde- pendent utility regulator; ‘‘(C) strategies to ensure utilities become or re- main creditworthy; ‘‘(D) regulations that permit the participation of independent power producers and private-public partnerships; ‘‘(E) policies that encourage private sector and cooperative investment in power generation; ‘‘(F) policies that ensure compensation for power provided to the electrical grid by on-site producers; ‘‘(G) policies to unbundle power services; ‘‘(H) regulations to eliminate conflicts of interest in the utility sector; ‘‘(I) efforts to develop standardized power pur- chase agreements and other contracts to streamline project development; ‘‘(J) efforts to negotiate and monitor compliance with power purchase agreements and other con- tracts entered into with the private sector; and ‘‘(K) policies that promote local community con- sultation with respect to the development of power generation and transmission projects. ‘‘(7) A description of plans to ensure meaningful local consultation, as appropriate, in the planning, long-term maintenance, and management of invest- ments designed to increase access to power in sub-Sa- haran Africa. ‘‘(8) A description of the mechanisms to be estab- lished for— ‘‘(A) selection of partner countries for focused en- gagement on the power sector; ‘‘(B) monitoring and evaluating increased access to, and reliability and affordability of, power in sub-Saharan Africa; ‘‘(C) maximizing the financial sustainability of power generation, transmission, and distribution in sub-Saharan Africa; ‘‘(D) establishing metrics to demonstrate progress on meeting goals relating to access to power, power generation, and distribution in sub-Saharan Africa; and ‘‘(E) terminating unsuccessful programs. ‘‘(9) A description of how the President intends to promote trade in electrical equipment with countries in sub-Saharan Africa, including a description of how the government of each country receiving assistance pursuant to the strategy— Page 758 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 ‘‘(A) plans to lower or eliminate import tariffs or other taxes for energy and other power production and distribution technologies destined for sub-Sa- haran Africa, including equipment used to provide energy access, including solar lanterns, solar home systems, and micro and mini grids; and ‘‘(B) plans to protect the intellectual property of companies designing and manufacturing products that can be used to provide energy access in sub-Sa- haran Africa. ‘‘(10) A description of how the President intends to encourage the growth of distributed renewable energy markets in sub-Saharan Africa, including off-grid lighting and power, that includes— ‘‘(A) an analysis of the state of distributed renew- able energy in sub-Saharan Africa; ‘‘(B) a description of market barriers to the de- ployment of distributed renewable energy tech- nologies both on- and off-grid in sub-Saharan Afri- ca; ‘‘(C) an analysis of the efficacy of efforts by the Overseas Private Investment Corporation [now the United States International Development Finance Corporation] and the United States Agency for International Development to facilitate the financ- ing of the importation, distribution, sale, leasing, or marketing of distributed renewable energy tech- nologies; and ‘‘(D) a description of how bolstering distributed renewable energy can enhance the overall effort to increase power access in sub-Saharan Africa. ‘‘(11) A description of plans to ensure that small and medium enterprises based in sub-Saharan Africa can fairly compete for energy development and en- ergy access opportunities associated with this Act. ‘‘(12) A description of how United States invest- ments to increase access to energy in sub-Saharan Africa may reduce the need for foreign aid and devel- opment assistance in the future. ‘‘(13) A description of policies or regulations, both domestically and internationally, that create bar- riers to private financing of the projects undertaken in this Act. ‘‘(14) A description of the specific national security benefits to the United States that will be derived from increased energy access in sub-Saharan Africa. ‘‘(c) INTERAGENCY WORKING GROUP.— ‘‘(1) IN GENERAL.—The President may, as appro- priate, establish an Interagency Working Group to coordinate the activities of relevant United States Government departments and agencies involved in carrying out the strategy required under this section. ‘‘(2) FUNCTIONS.—The Interagency Working Group may, among other things— ‘‘(A) seek to coordinate the activities of the United States Government departments and agen- cies involved in implementing the strategy required under this section; ‘‘(B) ensure efficient and effective coordination between participating departments and agencies; and ‘‘(C) facilitate information sharing, and coordi- nate partnerships between the United States Gov- ernment, the private sector, and other development partners to achieve the goals of the strategy. ‘‘SEC. 5. PRIORITIZATION OF EFFORTS AND AS- SISTANCE FOR POWER PROJECTS IN SUB-SA- HARAN AFRICA BY KEY UNITED STATES INSTI- TUTIONS. ‘‘(a) IN GENERAL.—In pursuing the policy goals de- scribed in section 3, the Administrator of the United States Agency for International Development, the Di- rector of the Trade and Development Agency, the United States International Development Finance Cor- poration, and the Chief Executive Officer and Board of Directors of the Millennium Challenge Corporation should, as appropriate, prioritize and expedite institu- tional efforts and assistance to facilitate the involve- ment of such institutions in power projects and mar- kets, both on- and off-grid, in sub-Saharan Africa and partner with other investors and local institutions in sub-Saharan Africa, including private sector actors, to specifically increase access to reliable, affordable, and sustainable power in sub-Saharan Africa, including through— ‘‘(1) maximizing the number of people with new ac- cess to power and power services; ‘‘(2) improving and expanding the generation, trans- mission and distribution of power; ‘‘(3) providing reliable power to people and busi- nesses in urban and rural communities; ‘‘(4) addressing the energy needs of marginalized people living in areas where there is little or no ac- cess to a power grid and developing plans to system- atically increase coverage in rural areas; ‘‘(5) reducing transmission and distribution losses and improving end-use efficiency and demand-side management; ‘‘(6) reducing energy-related impediments to busi- ness productivity and investment; and ‘‘(7) building the capacity of countries in sub-Saha- ran Africa to monitor and appropriately and trans- parently regulate the power sector and encourage pri- vate investment in power production and distribu- tion. ‘‘(b) EFFECTIVENESS MEASUREMENT.—In prioritizing and expediting institutional efforts and assistance pur- suant to this section, as appropriate, such institutions shall use clear, accountable, and metric-based targets to measure the effectiveness of such guarantees and as- sistance in achieving the goals described in section 3. ‘‘(c) PROMOTION OF USE OF PRIVATE FINANCING AND AS- SISTANCE.—In carrying out policies under this section, such institutions shall promote the use of private fi- nancing and assistance and seek ways to remove bar- riers to private financing for projects and programs under this Act, including through charitable organiza- tions. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section may be construed to authorize modifying or limiting the portfolio of the institutions covered by subsection (a) in other developing regions. ‘‘SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. ‘‘In implementing the strategy described in section 4, the President should direct the United States rep- resentatives to appropriate international bodies to use the influence of the United States, consistent with the broad development goals of the United States, to advo- cate that each such body— ‘‘(1) commit to significantly increase efforts to pro- mote investment in well-designed power sector and electrification projects in sub-Saharan Africa that in- crease energy access, in partnership with the private sector and consistent with the host countries’ absorp- tive capacity; ‘‘(2) address energy needs of individuals and com- munities where access to an electricity grid is im- practical or cost-prohibitive; ‘‘(3) enhance coordination with the private sector in sub-Saharan Africa to increase access to electricity; ‘‘(4) provide technical assistance to the regulatory authorities of sub-Saharan African governments to remove unnecessary barriers to investment in other- wise commercially viable projects; and ‘‘(5) utilize clear, accountable, and metric-based targets to measure the effectiveness of such projects. ‘‘SEC. 7. PROGRESS REPORT. ‘‘(a) IN GENERAL.—Not later than three years after the date of the enactment of this Act [Feb. 8, 2016], the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Com- mittee on Foreign Relations of the Senate a report on progress made toward achieving the strategy described in section 4 that includes the following: ‘‘(1) A report on United States programs supporting implementation of policy and legislative changes leading to increased power generation and access in sub-Saharan Africa, including a description of the Page 759 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 number, type, and status of policy, regulatory, and legislative changes initiated or implemented as a re- sult of programs funded or supported by the United States in countries in sub-Saharan Africa to support increased power generation and access after the date of the enactment of this Act. ‘‘(2) A description of power projects receiving United States Government support and how such projects, including off-grid efforts, are intended to achieve the strategy described in section 4. ‘‘(3) For each project described in paragraph (2)— ‘‘(A) a description of how the project fits into, or encourages modifications of, the national energy plan of the country in which the project will be car- ried out, including encouraging regulatory reform in that county; ‘‘(B) an estimate of the total cost of the project to the consumer, the country in which the project will be carried out, and other investors; ‘‘(C) the amount of financing provided or guaran- teed by the United States Government for the project; ‘‘(D) an estimate of United States Government re- sources for the project, itemized by funding source, including from the United States International De- velopment Finance Corporation, the United States Agency for International Development, the Depart- ment of the Treasury, and other appropriate United States Government departments and agencies; ‘‘(E) an estimate of the number and regional loca- tions of individuals, communities, businesses, schools, and health facilities that have gained power connections as a result of the project, with a description of how the reliability, affordability, and sustainability of power has been improved as of the date of the report; ‘‘(F) an assessment of the increase in the number of people and businesses with access to power, and in the operating electrical power capacity in megawatts as a result of the project between the date of the enactment of this Act and the date of the report; ‘‘(G) a description of efforts to gain meaningful local consultation for projects associated with this Act and any significant estimated noneconomic ef- fects of the efforts carried out pursuant to this Act; and ‘‘(H) a description of the participation by small and medium enterprises based in sub-Saharan Afri- ca on projects associated with this Act.’’ [For delegation of functions vested in President by sections 4 and 7 of Pub. L. 114–121, set out above, see Memorandum of President of the United States, Aug. 3, 2016, 81 F.R. 52323, set out below.] AGRICULTURAL AND RURAL DEVELOPMENT IN SUB- SAHARAN AFRICA Pub. L. 105–385, § 2, Nov. 13, 1998, 112 Stat. 3460, pro- vided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The economic, security, and humanitarian in- terests 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 Organi- zation, the number of undernourished people in Afri- ca 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 con- sumption of nutrients, often adversely affecting chil- dren’s physical and mental development, under- mining their future as productive and creative mem- bers of their communities. ‘‘(3) Currently, agricultural production in Africa employs about two-thirds of the workforce but pro- duces less than one-fourth of the gross domestic prod- uct 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 Inter- national Food Policy Research Institute. ‘‘(5) An effective way to improve conditions of the poor is to increase the productivity of the agricul- tural 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 inter- national 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 Afri- ca for fiscal years 1993 to 1997 was devoted to agri- culture. ‘‘(8)(A) United States food processing and agricul- tural 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 Afri- can countries and expanded trade between the United States and Africa can greatly help African countries achieve food self-sufficiency and graduate from de- pendency 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 or- ganizations have demonstrated success in empow- ering Africans through direct business ownership and helping African agricultural producers more effi- ciently and directly market their products. ‘‘(B) Rural business associations, owned and con- trolled by farmer shareholders, also greatly help agri- cultural producers to increase their household in- comes. ‘‘(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 oppor- tunities 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 im- prove the food security of infants, young children, school-age children, women and food-insecure house- holds, 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 pro- gram participants during the selection, planning, im- plementation, and evaluation phases of projects; ‘‘(3) shall favor countries that are implementing re- forms of their trade and investment laws and regula- Page 760 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 tions 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 pro- ducer-owned cooperative marketing and buying asso- ciations, 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 par- ticipating in such Initiative. ‘‘SEC. 102. MICROENTERPRISE ASSISTANCE. ‘‘(a) BILATERAL ASSISTANCE.—In providing micro- enterprise assistance for sub-Saharan Africa, the Ad- ministrator of the United States Agency for Inter- national 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 Ad- ministrator should use the applied research and tech- nical 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 COOP- ERATIVE MARKETING ASSOCIATIONS. ‘‘(a) PURPOSES.—The purposes of this section are— ‘‘(1) to support producer-owned cooperative pur- chasing and marketing associations in sub-Saharan Africa; ‘‘(2) to strengthen the capacity of farmers in sub- Saharan Africa to participate in national and inter- national private markets and to promote rural devel- opment in sub-Saharan Africa; ‘‘(3) to encourage the efforts of farmers in sub-Sa- haran Africa to increase their productivity and in- come through improved access to farm supplies, sea- sonal credit, technical expertise; and ‘‘(4) to support small businesses in sub-Saharan Af- rica 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 Develop- ment is authorized to utilize relevant foreign as- sistance programs and initiatives for sub-Saharan Africa to support private producer-owned coopera- tive 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 per- spectives 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 sub- divisions of such countries, their agricultural re- search universities, and particularly with United States nongovernmental organizations and United States land-grant universities, that have dem- onstrated expertise in the development and pro- motion of successful private producer-owned coop- erative marketing associations; and ‘‘(B) to facilitate partnerships between United States and African cooperatives and private busi- nesses to enhance the capacity and technical and marketing expertise of business associations in sub- Saharan Africa. ‘‘SEC. 104. AGRICULTURAL AND RURAL DEVELOP- MENT ACTIVITIES OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION. ‘‘(a) PURPOSE.—The purpose of this section is to en- courage the Overseas Private Investment Corporation [now the United States International Development Fi- nance Corporation] to work with United States busi- nesses 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-Sa- haran 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 de- velopment in sub-Saharan Africa, particularly to sup- port intermediary organizations that— ‘‘(A) directly serve the needs of small-scale farm- ers, small rural entrepreneurs, and rural producer- owned cooperative purchasing and marketing asso- ciations; ‘‘(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 insur- ance funds, to the extent feasible and in accordance with existing contractual obligations, to support ag- riculture and rural development in sub-Saharan Africa. ‘‘SEC. 105. AGRICULTURAL RESEARCH AND EXTEN- SION ACTIVITIES. ‘‘(a) DEVELOPMENT OF PLAN.—The Administrator of the United States Agency for International Develop- ment, in consultation with the Secretary of Agri- culture and appropriate Department of Agriculture agencies, especially the National Institute of Food and Agriculture, shall develop a comprehensive plan to co- ordinate and build on the research and extension ac- tivities of United States land-grant universities, inter- national agricultural research centers, and national ag- ricultural research and extension centers in sub-Saha- ran 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-Sa- haran 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 Page 761 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2293 to widely varying climates within sub-Saharan Africa.’’ REPORTS TO CONGRESS Pub. L. 101–513, title V, § 562(c), Nov. 5, 1990, 104 Stat. 2030, provided that: ‘‘As part of the annual Congres- sional Presentation materials for economic assistance, the Administrator of the Agency for International De- velopment 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 lev- els 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 re- forms, and the provisions made pursuant to section 496(h)(2)(B) to protect vulnerable groups from pos- sible 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.’’ Executive Documents 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. EX. ORD. NO. 13746. ADVANCING THE GOALS OF THE POWER AFRICA INITIATIVE TO EXPAND ACCESS TO ELECTRICITY IN SUB-SAHARAN AFRICA THROUGH THE ESTABLISHMENT OF THE PRESIDENT’S POWER AFRICA WORKING GROUP Ex. Ord. No. 13746, Nov. 3, 2016, 81 F.R. 78697, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to partner, consult, and coordinate with African gov- ernments, bilateral and multilateral partners, the pri- vate sector, and civil society to expand access to elec- tricity and increase electricity generation in Sub-Saha- ran Africa, in both urban and rural areas. Through the Power Africa initiative (Power Africa), we aim to dou- ble access to power in Sub-Saharan Africa by adding 30,000 megawatts (MW) of capacity and 60 million new household and business connections by 2030, and in so doing, leapfrog to cleaner forms of energy and foster in- clusive economic growth and opportunity across Sub- Saharan Africa. On June 30, 2013, my Administration launched Power Africa, a new initiative to double access to power in Sub-Saharan Africa, where more than two-thirds of the population is without electricity, and more than 85 per- cent of those living in rural areas lack access to elec- tricity. In its initial phase, Power Africa aimed to add more than 10,000 MW of cleaner, more efficient elec- tricity generation capacity and to increase electricity access by at least 20 million new households and com- mercial entities with on-grid, mini-grid, and off-grid solutions. Power Africa builds on Africa’s enormous power potential, including extensive clean geothermal, hydro, wind and solar energy resources, as well as vast oil and gas reserves. Power Africa works with countries to develop resources responsibly, build out power gen- eration, transmission, and distribution, and expand the reach of mini-grid and off-grid solutions. Power Africa brings to bear a wide range of tools from across the Federal Government and more than 130 public and pri- vate sector partners to support investment in Africa’s energy sector. Power Africa provides coordinated sup- port to help African partners expand their power net- works and access to electricity, including through pol- icy and regulatory best practices, institutional capac- ity building, pre-feasibility support, grants, long-term financing, insurance, guarantees, credit enhancements, and technical assistance. On August 5, 2014, during the U.S.-Africa Leaders Summit, my Administration affirmed that Power Afri- ca is intended to reach across Sub-Saharan Africa, and tripled Power Africa’s goals. Power Africa is now work- ing toward adding 30,000 MW of new, cleaner electricity generation capacity and increasing electricity access by at least 60 million new connections. On January 28, 2016, my Administration, in coordination with Power Africa partners, launched the Power Africa Roadmap, which lays out a concrete plan for Power Africa to meet its ambitious goals by 2030. The Electrify Africa Act of 2015, enacted on February 8, 2016 (Public Law 114–121) (the ‘‘Act’’), calls for the de- velopment of a strategy to add at least 20,000 MW of electrical power and promote first-time access to power and power services for at least 50 million people in Sub- Saharan Africa by 2020 in both urban and rural areas— an effort that directly supports and complements Power Africa’s goals. This order furthers the purposes of the Act and the work that Power Africa has been un- dertaking. SEC. 2. Establishment of the Coordinator for Power Afri- ca. The United States Agency for International Devel- opment (USAID) shall serve as the lead agency to fa- cilitate the implementation of Power Africa and associ- ated activities across the United States Government. The Administrator of USAID shall establish the posi- tion of Coordinator for Power Africa within USAID. SEC. 3. Power Africa Working Group. (a) There is here- by established the Power Africa Working Group (Work- ing Group), co-chaired by the Coordinator for Power Af- rica within USAID and a member of the National Secu- rity Council (NSC) staff to be designated by the Assist- ant to the President for National Security Affairs. The Working Group shall serve as the multi-agency coordi- nating and advisory body for the Federal Government’s efforts to identify, evaluate, prioritize, and deliver as- sistance to energy projects across Sub-Saharan Africa in order to advance the energy access and electricity generation goals of Power Africa and promote policy cohesion across the Federal Government. Through the Working Group, participating departments and agen- cies shall provide advice and promote coherence of United States Government positions on and assistance for priority energy projects and policy reforms in sup- port of Power Africa. (b) The Working Group shall consist of representa- tives of the following executive branch departments and agencies (Participating Agencies): (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Energy; (vi) the Export-Import Bank of the United States; (vii) the United States Agency for International De- velopment; (viii) the Overseas Private Investment Corporation [now the United States International Development Fi- nance Corporation]; (ix) the United States Trade and Development Agen- cy; (x) the Millennium Challenge Corporation; (xi) the United States Army Corps of Engineers; (xii) the Office of Management and Budget; and (xiii) such other agencies as the Co-Chairs may des- ignate or invite to participate, including the United States African Development Foundation. (c) The Working Group may consult with non-United States Government entities that participate in Power Africa as bilateral, multilateral, private sector part- Page 762 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2294 1 So in original. Probably should be ‘‘section’’. ners and nongovernmental organizations to provide input and advice to the United States Government, as appropriate, regarding the implementation of Power Africa. (d) The Working Group may establish sub-groups con- sisting exclusively of Working Group members or their designees, as appropriate, such as one for each of the three pillars of the Power Africa Roadmap: (1) megawatts, (2) connections, and (3) unlocking energy sector potential. (e) The Working Group shall be supported by the Of- fice of the Coordinator for Power Africa within USAID. SEC. 4. Mission and Functions of the Working Group. The Working Group, as may be necessary and appro- priate to carry out this order, shall: (a) Ensure efficient and effective coordination of en- ergy access activities in Sub-Saharan Africa among Participating Agencies. (b) Identify, prioritize, and evaluate potential Power Africa projects, regulatory and policy reforms, and pro- grammatic focus areas, including maximizing deploy- ment of and access to renewable energy. (c) Identify country and project specific obstacles to the development of the electricity sector, including fi- nancial and technical assistance needs and capacity building needs, and identify opportunities for Partici- pating Agencies to deploy their respective tools and best practices to advance needed reforms and accel- erate the completion of Power Africa projects. (d) Enhance coordination among Participating Agen- cies to maximize the efficiency and effectiveness of United States Government development assistance and other development finance tools as related to Power Africa priorities. (e) Facilitate information sharing and coordination of partnerships between Participating Agencies and Af- rican governments, the private sector, development partners, and bilateral and multilateral partners to help advance Power Africa’s goals. (f) Identify appropriate courses of action to liaise with host governments to advance regulatory and pol- icy reforms, as well as energy transactions, related to Power Africa. (g) Identify best practices for Participating Agencies to coordinate their engagement with development part- ners, including bilateral donors, development finance institutions, and multilateral development banks on energy access issues, to ensure that Power Africa’s tools are deployed in a way that is complementary to and leverages the impact of United States Government resources. (h) Meet with private sector partners, as appropriate, to review Power Africa projects and activities, and to solicit input regarding technical, policy, financial or political, obstacles that partners are encountering in the energy sector across Sub-Saharan Africa. (i) Meet with bilateral and multilateral development partners, as appropriate, to coordinate country-specific and regional energy access policy agendas, coordinate deployment of financial resources and technical exper- tise to identify and accelerate Power Africa projects and activities, and review project pipelines. (j) Monitor and periodically evaluate Power Africa projects and activities to measure the effectiveness of United States Government assistance and other devel- opment finance tools in achieving Power Africa’s elec- tricity generation and access goals, and to share les- sons learned. These evaluations may recommend re- forms to facilitate support for future projects and ac- tivities, and to increase the Working Group’s effective- ness. SEC. 5. Partnering with African Private Sector Compa- nies. I hereby direct Participating Agencies to facili- tate as appropriate, to the maximum extent possible under the law, the participation of local and regional companies in power, renewable energy, and climate change projects in low-income countries in Africa, in- cluding through the use of financing and risk insur- ance, where appropriate. SEC. 6. Reporting. The Administrator of USAID, in co- ordination with the Participating Agencies, shall lead in the development of a report, to be transmitted to the Congress pursuant to section 7 of the Act and the Presi- dential Memorandum of August 3, 2016, ‘‘Delegation of Authority Pursuant to Section 4 and Section 7 of the Electrify Africa Act of 2015,’’ on progress made toward achieving the comprehensive, integrated, multiyear strategy that was transmitted to the Congress on Au- gust 6, 2016, pursuant to section 4 of the Act, to encour- age the efforts of countries in Sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions to provide access to sufficient, reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof, or the status of that department or agency within the Federal Govern- ment; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. DELEGATION OF AUTHORITY PURSUANT TO SECTION 4 AND SECTION 7 OF THE ELECTRIFY AFRICA ACT OF 2015 Memorandum of President of the United States, Aug. 3, 2016, 81 F.R. 52323, provided: Memorandum for the Administrator of the United States Agency for International Development By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the functions and au- thorities vested in the President by section 4 and sec- tion 7 of the Electrify Africa Act of 2015 (Public Law 114–121) (the ‘‘Act’’) [22 U.S.C. 2293 note]. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provisions. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 2294. Authorizations of appropriations for De- velopment Fund for Africa Funds appropriated to carry out this part are authorized to be made available until expended. It is the sense of the Congress that the author- ity of this subsection 1 should be used to extend the period of availability of those funds when- ever appropriate to improve the quality of as- sistance provided under section 2293 of this title. (Pub. L. 87–195, pt. I, § 497, as added Pub. L. 101–513, title V, § 562(a), Nov. 5, 1990, 104 Stat. 2030.) Editorial Notes PRIOR PROVISIONS A prior section 2294, Pub. L. 87–195, pt. I, § 497, as added Pub. L. 95–92, § 4, Aug. 4, 1977, 91 Stat. 614, related to balance of payments loan for Portugal, prior to re- peal by Pub. L. 99–83, title XII, § 1211(a)(4), Aug. 8, 1985, 99 Stat. 279, effective Oct. 1, 1985.