II 110th CONGRESS 1st Session S. 1295 IN THE SENATE OF THE UNITED STATES May 3, 2007 Mr. Feingold (for himself, Mr. Coleman, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the African Development Foundation Act to change the name of the Foundation, modify the administrative authorities of the Foundation, and for other purposes.

1.

Short title

This Act may be cited as the African Development Foundation Act of 2007.

2.

Renaming of Foundation

(a)

Renaming

Section 503(a) of the African Development Foundation Act (22 U.S.C. 290h–1(a)) is amended by striking African Development Foundation and inserting United States African Development Foundation. (b)

References

Any reference in any law, regulation, map, document, paper, or other record of the United States to the African Development Foundation shall be considered to be a reference to the United States African Development Foundation.

3.

Functions of the Foundation

(a)

Entities eligible To receive grants, loans, and loan guarantees

Paragraph (1) of subsection (a) of section 505 of such Act (22 U.S.C. 290h–3(a)(1)) is amended by inserting after other entity the following: (including small- and medium-sized enterprises). (b)

Use of grant and loan funds

Subparagraph (A) of such paragraph (22 U.S.C. 290h–3(a)(1)(A)) is amended by striking local development institutions and the support of development efforts initiated by communities themselves and inserting local development institutions, including capital and technical assistance funds that promote the purposes of this title, and the support of development efforts initiated by communities themselves or their members. (c)

Increased limitation on funding of individual projects

Paragraph (2) of such subsection (22 U.S.C. 290h–3(a)(2)) is amended by striking $250,000. and inserting $400,000. This funding limitation may be exceeded only in exceptional circumstances and with the approval of the Board of Directors and notification to Congress. Approval of the Board of Directors and notification to Congress shall not be required in the case of an increase of less than $50,000 that is necessary to maintain the original value of an award in local currency.. (d)

Community project priorities

Subsection (b) of such section (22 U.S.C. 290h–3(b)) is amended— (1)in the first sentence, by striking making grants, loans, and loan guarantees and all that follows through development and inserting making awards under subsection (a), the Foundation shall give priority to projects which community groups and small- and medium-sized enterprises undertake to foster development at the community level; and (2)in the second sentence, by striking make such grants, loans, and loan guarantees and inserting make awards. (e)

Authority To make awards to non-African entities

Such section is further amended by adding at the end the following new subsection: (c)

Authority To make awards to non-African entities

Upon the approval of the Board of Directors and notification to Congress, the Foundation may make an award to a small- or medium-sized enterprise that is not wholly-owned and controlled by indigenous Africans if it meets the following requirements: (1)Ownership of the entity is predominantly vested in one or more individuals who are indigenous to Africa and who are representative and knowledgeable of, and have a history of responding to, the needs and aspirations of the poor. (2)Management and daily business operations of the entity are controlled by one or more individuals who are indigenous to and reside in Africa. . (f)

Authority To provide training and other technical assistance

Such section, as amended by subsection (e), is further amended by adding at the end the following new subsection: (d)

Authority To provide training and other technical assistance

The Foundation may provide training and other assistance to entities described in subsection (a) and to entities described in subsection (c), subject to the requirements of such subsection, in order to carry out the purposes specified in section 504. .

4.

Powers of Foundation

Section 506(a) of such Act (22 U.S.C. 290h–4(a)) is amended— (1)by redesignating paragraphs (9), (10), (11), and (12) as paragraphs (10), (12), (13), and (14), respectively; (2)by inserting after paragraph (8) the following new paragraph: (9)may make advance payments in an African country in accordance with lease or rental agreements for periods of time determined by law or custom; ; and (3)by inserting after paragraph (10), as redesignated by paragraph (2) of this section, the following new paragraph: (11)may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts in furtherance of the purposes of this Act; .

5.

Management of Foundation

(a)

Reimbursement of transportation expenses

Subsection (b) of section 507 of such Act (22 U.S.C. 290h–5(b)) is amended by inserting after transportation expenses the following: (in accordance with the Federal Travel Regulations (chapters 300 through 304 of title 41, Code of Federal Regulations)). (b)

Limited authority To make appointments without regard to certain civil service laws

Subsection (d) of such section (22 U.S.C. 290h–5(d)) is amended by adding at the end the following new paragraph: (3)Subject to the full time equivalent (FTE) ceiling of the Foundation, the president may, without regard to civil service laws governing appointments in the competitive service, provide time-limited appointments lasting up to 4 years to not more than 4 individuals. Individuals so appointed shall be subject to termination without regard to chapter 75 of title 5, United States Code. . (c)

Elimination of requirement To establish advisory council

Subsection (e) of such section is amended— (1)in paragraph (1), by striking shall and inserting may; and (2)in paragraph (2), by striking The Board and inserting If an advisory council is established under paragraph (1), the Board.