Title I: Cancellation of Debt Owed by Sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to direct the President, with specified exceptions, to cancel all concessional and nonconcessional loans made, guarantees issued, or credits extended by the United States to sub-Saharan African countries. Directs the President to report annually to the appropriate congressional committees concerning the cancellation of debt.
(Sec. 101) Authorizes appropriations.
(Sec. 102) Directs the Secretary of State to notify foreign governments that have outstanding loans, guarantees, or credits to the government of a sub-Saharan African country that it is U.S. policy to forgive all such debts and that such foreign governments should do the same.
(Sec. 103) Directs the Secretary of the Treasury to submit to Congress a plan to advocate the cancellation of debt owed by sub-Saharan African countries to the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank), including proposed instructions to the U.S. Executive Directors of such financial institutions to use the U.S. vote to advocate that such institutions: (1) unconditionally cancel all debts owed by a sub-Saharan African country to such institution; and (2) provide that until all debts owed have been unconditionally canceled, require that any future loans not be used to finance in whole or part the implementation of any agreement which requires the country to pay more than five percent of its annual export earnings toward the servicing of foreign loans.
(Sec. 104) Directs the Secretary of the Treasury to report to Congress on the amount of debt owed to any U.S. person by any country in sub-Saharan Africa and include a plan to acquire each debt obligation owed to each U.S. person.
(Sec. 105) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 to require the International Financial Institution Advisory Commission to advise the Secretary of the Treasury and report to Congress on the viability and desirability of having each indebted sub-Saharan African country repay foreign loans in their currency.
(Sec. 106) Expresses the sense of Congress that: (1) the government of each sub-Saharan African country should allocate 20 percent of its national budget, including the savings from cancellation of debt owed by it to the United States, to other foreign countries, to the IMF and the World Bank, and to U.S. persons for the provision of basic services to individuals in their respective country, as provided for in the United Nations 20/20 Initiative; and (2) prior to the unconditional cancellation of debt owed by sub-Saharan African countries, each such country should not pay in any calendar year an aggregate amount greater than five percent of the export earnings of the country for the prior calendar year.
Title II: Trade Provisions Relating to Sub-Saharan Africa - Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate existing quotas on textile and apparel exports to the United States from Kenya and Mauritius within 30 days after each country demonstrates that it: (1) is not ineligible for benefits under the Generalized System of Preferences of the Trade Act of 1974; (2) does not engage in significant violations of internationally recognized human rights; (3) provides for the enforcement of certain internationally recognized worker rights; and (4) takes adequate measures to prevent illegal transshipment of goods. Directs the President to continue the no quota policy for each of the other sub-Saharan African countries that are in compliance with such requirements.
(Sec. 201) Provides that, when the quota for textile and apparel products imported from Kenya or Mauritius is eliminated, the quota for textile and apparel products from China for each calendar year shall be reduced by an amount equal to the volume of imports of all textile and apparel product from all sub-Saharan African countries into the United States in the preceding calendar year, plus five percent of that amount.
Requires the Secretary of Labor to determine, and report annually to Congress on, whether or not each sub-Saharan African country is providing for effective enforcement of internationally recognized worker rights.
Directs the President to report annually to Congress on the growth in textiles and apparel imported into the United States from countries in sub-Saharan Africa in order to inform U.S. consumers, workers, and textile manufacturers about the effects of the no quota policy.
Directs the President to provide an additional benefit of 50 percent tariff reduction for any textile and apparel product of a sub-Saharan African country: (1) that meets the requirements relating to human rights, workers rights, and illegal transshipments; and (2) that is imported directly into the United States from such country if the business enterprise, or a subcontractor of the enterprise, producing the product is in compliance with specified conditions.
Sets forth specified conditions for the import of textile and apparel goods into the United States, including goods from a sub-Saharan African country. Sets forth penalties for violations of the requirements of this Act.
Directs the U.S. Customs Service to monitor and the Commissioner of Customs to report annually on measures taken by sub-Saharan African countries that import textiles or apparel goods into the United States to prevent unlawful transshipment of such goods and circumvention of this Act or any agreement regulating trade in such goods between such country and the United States.
(Sec. 202) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment for articles set forth in the product list of the Lome Treaty that are the product of a beneficiary developing sub-Saharan African country, and in compliance with certain human rights requirements, if the President determines that such articles are not import-sensitive in the context of imports from such countries.
Extends duty-free treatment to products from beneficiary developing sub-Saharan African countries through September 30, 2006.
(Sec. 203) Grants a U.S. citizen a cause of action in the U.S. district court to seek compliance of sub-Saharan African countries with the requirements of this Act.
Title III: Development Assistance for Sub-Saharan African Countries - Amends the Foreign Assistance Act of 1961 to declare that the HIV- AIDS epidemic and other conditions have caused countless deaths and untold suffering among the people of sub-Saharan Africa.
(Sec. 302) Directs the Agency for International Development (AID) to provide capacity building assistance through participatory planning to private and voluntary organizations involved in providing assistance for sub-Saharan Africa.
(Sec. 303) Prohibits military assistance to sub-Saharan African countries.
(Sec. 304) Revises critical sectoral priorities provisions to give priority to: (1) increasing food security by promoting agriculture policies in sub-Saharan African countries; (2) improving health conditions in such countries by emphasizing HIV-AIDS prevention and treatment programs; (3) providing increased access to voluntary family planning services, including access to prenatal healthcare; (4) improving education and vocational education, with particular emphasis on primary education and vocational education for women; and (5) developing income-generating opportunities, including development of manufacturing and processing industries and microcredit projects.
(Sec. 305) Directs the Administrator of AID to report semiannually to Congress on: (1) how, and to what extent, AID has consulted with nongovernmental organizations in sub-Saharan Africa regarding the use of long-term development assistance to sub-Saharan African countries; (2) the extent to which such assistance has been successful in capacity building among local nongovernmental organizations and in increasing food security and access to health and education services among the people of sub-Saharan Africa; and (3) how, and to what extent, such assistance has furthered the goals of sustainable economic and agricultural development, gender equity, environmental protection, and respect for workers' rights there.
(Sec. 306) Declares that amounts appropriated to the Development Fund for Africa shall be appropriated to a separate account for such Fund.
Title IV: Sub-Saharan Africa Equity and Infrastructure Funds - Directs the Overseas Private Investment Corporation (OPIC) to initiate one or more equity funds in support of infrastructure projects in sub-Saharan Africa, including basic health services (including AIDS prevention and treatment), hospitals, potable water, sanitation, schools, electrification of rural areas, and publicly-accessible transportation.
Title V: Overseas Private Investment Corporation and Export-Import Bank Initiatives - Directs the President to establish an advisory committee to assist the Board of Directors of OPIC in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa, including with respect to equity and infrastructure funds established under this Act.
(Sec. 502) Amends the Export-Import Bank Act of 1945 to revise provisions establishing an advisory committee to require such committee to assist the Board of Directors of the Export-Import Bank of the United States in developing, among other things, financial instruments with respect to sub-Saharan African countries.
Title VI: Miscellaneous Provisions - Expresses the sense of Congress that the United States should encourage the accession of sub-Saharan African countries to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
(Sec. 602) Expresses the sense of Congress that: (1) it is in the interest of the United States to take all necessary steps to prevent further spread of infectious disease, particularly HIV-AIDS; and (2) individual countries should have the ability to determine the availability of pharmaceuticals and health care for their citizens, particularly with respect to the HIV-AIDS epidemic.
Prohibits the obligation of funds appropriated to any Federal agency to seek the revocation or revisions of any sub-Saharan African intellectual property or competition law or policy designed to promote access to pharmaceuticals or other medical technologies.
(Sec. 603) Directs the Secretary of Commerce, subject to the availability of appropriations, to take steps to ensure that: (1) at least 20 full-time Commercial Service employees are stationed in sub-Saharan Africa; and (2) full-time Service employees are stationed in at least ten different sub-Saharan African countries.
Title VII: Offset - Prohibits the Administrator of the National Aeronautics and Space Administration from carrying out research and development (R&D) activities relating to the performance of aircraft (including supersonic aircraft and subsonic aircraft) unless the Administrator receives full payment for such activities from the private sector.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1636 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1636
To authorize a new trade, investment, and development policy for sub-
Saharan Africa.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 1999
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To authorize a new trade, investment, and development policy for sub-
Saharan Africa.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HOPE for Africa Act of 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Declarations of policy.
Sec. 5. Sense of Congress.
Sec. 6. Sub-Saharan Africa defined.
TITLE I--CANCELLATION OF DEBT OWED BY SUB-SAHARAN AFRICAN COUNTRIES
Sec. 101. Cancellation of debt owed to the United States Government by
sub-Saharan African countries.
Sec. 102. Advocacy of cancellation of debt owed to foreign governments
by sub-Saharan African countries.
Sec. 103. Report to Congress on plan of advocacy for the cancellation
of debt owed to the International Monetary
Fund and the International Bank for
Reconstruction and development by sub-
Saharan African countries.
Sec. 104. Report on the cancellation of debt owed to United States
lenders by sub-Saharan African countries.
Sec. 105. Study on repayment of debt in local currencies by sub-Saharan
African countries.
Sec. 106. Sense of Congress relating to the allocation of savings from
debt relief of sub-Saharan African
countries for basic services.
Sec. 107. Sense of Congress relating to level of interim debt payments
prior to full debt cancellation by sub-
Saharan African countries.
TITLE II--TRADE PROVISIONS RELATING TO SUB-SAHARAN AFRICA
Sec. 201. Encouraging mutually beneficial trade and investment.
Sec. 202. Generalized system of preferences.
Sec. 203. Additional enforcement.
TITLE III--DEVELOPMENT ASSISTANCE FOR SUB-SAHARAN AFRICAN COUNTRIES
Sec. 301. Findings.
Sec. 302. Private and voluntary organizations.
Sec. 303. Types of assistance.
Sec. 304. Critical sectoral priorities.
Sec. 305. Reporting requirements.
Sec. 306. Separate account for Development Fund for Africa.
TITLE IV--SUB-SAHARAN AFRICA EQUITY AND INFRASTRUCTURE FUNDS
Sec. 401. Sub-Saharan Africa equity and infrastructure funds.
TITLE V--OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
INITIATIVES
Sec. 501. Overseas private investment corporation initiatives.
Sec. 502. Export-Import Bank initiative.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Anticorruption efforts.
Sec. 602. Requirements relating to sub-Saharan African intellectual
property and competition law.
Sec. 603. Expansion of the United States and foreign commercial service
in sub-Saharan Africa.
TITLE VII--OFFSET
Sec. 701. Private sector funding for research and development by NASA
relating to aircraft performance.
SEC. 3. FINDINGS.
Congress finds the following:
(1) It is in the mutual interest of the United States and
the countries of sub-Saharan Africa to promote broad-based
economic development and equitable trade and investment
policies in sub-Saharan Africa.
(2) Many sub-Saharan African countries have made notable
progress toward democratization in recent years.
(3) Despite the enormous political and economic potential
in Africa, Africa has the largest number of the poorest
countries in the world, with an average per capita income of
less than $500 annually. Thirty-three of the 41 highly indebted
poor countries (HIPC) are located in sub-Saharan Africa.
(4) A plan for sustainable, equitable development for, and
trade with, Africa must recognize the different levels of
development that exist between countries and among different
sectors within each country.
(5) Sub-Saharan Africa is inordinately burdened by
$230,000,000,000 in bilateral and multilateral debt whose
service requirements--
(A) now take over 20 percent of the export earnings
of the sub-Saharan African region, excluding South
Africa; and
(B) constitute a serious impediment to the
development of stable democratic political structures,
broad-based economic growth, poverty eradication, and
food security.
(6) The United Nations Declaration of Human Rights
guarantees the right to food, shelter, health care, education,
and a sustainable livelihood, as well as rights to political
freedoms.
(7)(A) The key principles guiding any United States
economic policy toward sub-Saharan Africa should include those
repeatedly identified by African governments, including the
priorities laid out in the ``Lagos Plan'' developed by the
finance ministers of the sub-Saharan African countries in
coordination with the Organization for African Unity.
(B) The overriding priority expressed in the ``Lagos Plan''
is freedom for each African country to self-determine the
economic policies that--
(i) suit the needs and development of their people;
(ii) help achieve food self-sufficiency and
security; and
(iii) provide broad access to potable water,
shelter, primary health care, education, and affordable
transport.
(8) Fair trade and mutually beneficial investment can be
important tools for broad-based economic development.
SEC. 4. DECLARATIONS OF POLICY.
Congress makes the following declarations:
(1) Economic relations between sub-Saharan Africa and the
United States must be oriented toward benefiting the majority
of the people of sub-Saharan Africa and of the United States.
(2) Congress endorses the goals stated in the Lagos Plan
developed by sub-Saharan African Finance Ministers in
cooperation with the Organization for African Unity.
(3) In developing new economic relations with sub-Saharan
Africa, the United States should pursue the following:
(A) Strengthening and diversifying the economic
production capacity of sub-Saharan Africa.
(B) Improving the level of people's incomes and the
pattern of distribution in sub-Saharan Africa.
(C) Adjusting the pattern of public expenditures to
satisfy people's essential needs in sub-Saharan Africa.
(D) Providing institutional support for transition
to functioning market economies in sub-Saharan Africa
through debt relief.
(E) Supporting environmentally sustainable
development in sub-Saharan Africa.
(F) Promoting democracy, human rights, and the
strength of civil society in sub-Saharan Africa.
(G) Assisting sub-Saharan African countries in
efforts to make safe and efficacious pharmaceuticals
and medical technologies as widely available to their
populations as possible.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) for the majority of people in sub-Saharan Africa to be
able to benefit from new trade, investment, and other economic
opportunities provided by this Act, and the amendments made by
this Act, the pre-existing burden of external debt of sub-
Saharan African countries must be eliminated; and
(2) only significant debt relief will allow operation of
local credit markets and eliminate distortions currently
hindering development in sub-Saharan Africa.
SEC. 6. SUB-SAHARAN AFRICA DEFINED.
In this Act, the terms ``sub-Saharan Africa'', ``sub-Saharan
African country'', ``country in sub-Saharan Africa'', ``sub-Saharan
African countries'', and ``countries in sub-Saharan Africa'' refer to
the following:
Republic of Angola (Angola)
Republic of Benin (Benin)
Republic of Botswana (Botswana)
Burkina Faso (Burkina)
Republic of Burundi (Burundi)
Republic of Cameroon (Cameroon)
Republic of Cape Verde (Cape Verde)
Central African Republic
Republic of Chad (Chad)
Federal Islamic Republic of the Comorors (Comoros)
Democratic Republic of Congo (DROC)
Republic of the Congo (Congo)
Republic of Cote d'Ivoire (Cote d'Ivoire)
Republic of Djibouti (Djibouti)
Republic of Equatorial Guinea (Equatorial Guinea)
Ethiopia
State of Eritrea (Eritrea)
Gabonese Republic (Gabon)
Republic of the Gambia (Gambia)
Republic of Ghana (Ghana)
Republic of Guinea (Guinea)
Republic of Guinea-Bissau (Guinea-Bissau)
Republic of Kenya (Kenya)
Kingdom of Lesotho (Lesotho)
Republic of Liberia (Liberia)
Republic of Madagascar (Madagascar)
Republic of Malawi (Malawi)
Republic of Mali (Mali)
Islamic Republic of Mauritania (Mauritania)
Republic of Mauritius (Mauritius)
Republic of Mozambique (Mozambique)
Republic of Namibia (Namibia)
Republic of Niger (Niger)
Federal Republic of Nigeria (Nigeria)
Republic of Rwanda (Rwanda)
Democratic Republic of Sao Tome and Principe (Sao Tome and
Principe)
Republic of Senegal (Senegal)
Repulbic of Seychelles (Seychelles)
Republic of Sierra Leone (Sierra Leone)
Somalia
Republic of South Africa (South Africa)
Republic of Sudan (Sudan)
Kingdom of Swaziland (Swaziland)
United Republic of Tanzania (Tanzania)
Republic of Togo (Togo)
Republic of Uganda (Uganda)
Republic of Zambia (Zambia)
Republic of Zimbabwe (Zimbabwe)
TITLE I--CANCELLATION OF DEBT OWED BY SUB-SAHARAN AFRICAN COUNTRIES
SEC. 101. CANCELLATION OF DEBT OWED TO THE UNITED STATES GOVERNMENT BY
SUB-SAHARAN AFRICAN COUNTRIES.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end the following:
``PART VI--CANCELLATION OF DEBT OWED TO THE UNITED STATES BY SUB-
SAHARAN AFRICAN COUNTRIES
``SEC. 901. CANCELLATION OF DEBT.
``(a) In General.--
``(1) In general.--Except as provided in paragraph (2), the
President shall cancel all amounts owed to the United States
(or any agency of the United States) by sub-Saharan African
countries defined in section 6 of HOPE for Africa Act of 1999
resulting from--
``(A) concessional loans made or credits extended
under any provision of law, including the provisions of
law described in subsection (b)(1); and
``(B) nonconcessional loans made, guarantees
issued, or credits extended under any provision of law,
including the provisions of law described in subsection
(b)(2).
``(2) Exception.--The provisions of paragraph (1) relating
to cancellation of debt shall not apply to any sub-Saharan
country if the government of the country--
``(A) (including its military or other security
forces) engages in a pattern of significant violations
of internationally recognized human rights;
``(B) has an excessive level of military
expenditures;
``(C) has repeatedly provided support for acts of
international terrorism, as determined by the Secretary
of State under section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. app. 2405(j)(1))
or section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)); or
``(D) is failing to cooperate on international
narcotics control matters.
``(3) Certification by president.--The President shall
certify to Congress that any country with respect to which debt
is canceled under this subsection is not engaged in an activity
described in paragraph (2).
``(b) Provisions of Law.--
``(1) Concessional provisions of law.--The provisions of
law described in this paragraph are the following:
``(A) Part I of this Act, chapter 4 of part II of
this Act, or predecessor foreign economic assistance
legislation.
``(B) Title I of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
``(2) Nonconcessional provisions of law.--The provisions of
law described in this paragraph are the following:
``(A) Sections 221 and 222 of this Act.
``(B) The Arms Export Control Act (22 U.S.C. 2751
et seq.).
``(C) Section 5(f) of the Commodity Credit
Corporation Charter Act.
``(D) Sections 201 and 202 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5621 and 5622).
``(E) The Export-Import Bank Act of 1945 (12 U.S.C.
635 et seq.).
``(c) Termination of Authority.--The authority to cancel debt under
this section shall terminate on September 30, 2002.
``SEC. 902. ADDITIONAL REQUIREMENTS.
``(a) Reduction of Debt Not Considered to be Assistance.--A
reduction of debt under section 901 shall not be considered to be
assistance for purposes of any provision of law limiting assistance to
a country.
``(b) Inapplicability of Certain Prohibitions Relating to Reduction
of Debt.--The authority to provide for reduction of debt under section
901 may be exercised notwithstanding section 620(r) of this Act.
``SEC. 903. REPORTS TO CONGRESS.
``(a) In General.--Not later than December 31, 1999, and December
31 of each of the next 3 years, the President shall prepare and
transmit to the appropriate congressional committees an annual report
concerning the cancellation of debt under section 901 for the prior
fiscal year.
``(b) Definition.--In this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Banking and Financial Services and
the Committee on International Relations of the House of
Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate.
``SEC. 904. AUTHORIZATION OF APPROPRIATIONS.
``For the cost (as defined in section 502(5) of the Federal Credit
Reform Act of 1990) for the cancellation of debt under section 901,
there are authorized to be appropriated to the President such sums as
may be necessary for each of the fiscal years 2000 through 2002.''.
SEC. 102. ADVOCACY OF CANCELLATION OF DEBT OWED TO FOREIGN GOVERNMENTS
BY SUB-SAHARAN AFRICAN COUNTRIES.
(a) Advocacy of Cancellation of Debt.--The Secretary of State shall
provide written notification to each foreign government that has
outstanding loans, guarantees, or credits to the government of a sub-
Saharan African country (qualifying under section 901(a) of the Foreign
Assistance Act of 1961, as added by this Act) that it is the policy of
the United States to fully and unconditionally cancel all debts owed by
each such sub-Saharan African country to the United States. In
addition, the Secretary shall urge in writing each such foreign
government to follow the example of the United States and fully and
unconditionally cancel all debts owed by sub-Saharan African countries
to each such foreign government.
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary of State shall prepare and submit to Congress a
report containing--
(1) a description of each written notification provided to
a foreign government under subsection (a);
(2) a description of the response of each foreign
government to the notification; and
(3) a description of the amount (if any) owed to the United
States by any foreign government opposing the United States
policy advocated pursuant to subsection (a).
SEC. 103. REPORT TO CONGRESS ON PLAN OF ADVOCACY FOR THE CANCELLATION
OF DEBT OWED TO THE INTERNATIONAL MONETARY FUND AND THE
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT BY
SUB-SAHARAN AFRICAN COUNTRIES.
(a) In General.--Not later than January 1, 2000, the Secretary of
the Treasury shall submit to Congress a plan to advocate the
cancellation of debt owed to the International Monetary Fund and the
International Bank for Reconstruction and Development by sub-Saharan
African countries and report on its implementation. The plan shall
include proposed instructions to the United States Executive Directors
of the International Monetary Fund and the International Bank for
Reconstruction and Development to use the voice, vote, and influence of
the United States to advocate that their respective institutions--
(1) fully and unconditionally cancel all debts owed by any
country in sub-Saharan Africa to such institution;
(2) encourage each country that benefits from such debt
cancellation to allocate 20 percent of the national budget of
the country, including savings from such debt cancellation, to
basic services, as the country has committed to do under the
United Nations 20/20 Initiative, with appropriate input from
civil society in developing basic service plans; and
(3) provide that until all debts owed to such institution
have been fully and unconditionally canceled, such institution
not be party to, and that no future loan from such institution
be used to finance in whole or part the implementation of, any
agreement which requires the government of any such country,
during any 12-month period beginning on the date of enactment
of this section to pay an amount exceeding 5 percent of the
annual export earnings of the country toward the servicing of
foreign loans.
(b) Directions to Executive Directors.--The Executive Directors of
the International Monetary Fund and the International Bank for
Reconstruction and Development shall carry out the instructions
described in subsection (a) by all appropriate means, including sending
written notice to the governing bodies of members, and by requesting
formal votes on the matters described in subsection (a).
SEC. 104. REPORT ON THE CANCELLATION OF DEBT OWED TO UNITED STATES
LENDERS BY SUB-SAHARAN AFRICAN COUNTRIES.
Not later than January 1, 2000, the Secretary of the Treasury shall
submit to the Congress a report on the amount of debt owed to any
United States person by any country in sub-Saharan Africa. The report
shall specify the amount owed to each such person by each country, the
face value and market value of the debt, and the amount of interest
paid to date on the debt. The report shall also include a plan to
acquire each debt obligation owed to any United States person by any
country in sub-Saharan Africa at the market value of the debt
obligation as of January 1, 1999.
SEC. 105. STUDY ON REPAYMENT OF DEBT IN LOCAL CURRENCIES BY SUB-SAHARAN
AFRICAN COUNTRIES.
Section 603 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (as contained in section
101(d) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999) is amended--
(1) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) the viability and desirability of having each
indebted country in sub-Saharan Africa (as defined in section 6
of the HOPE for Africa Act of 1999) repay foreign loans made to
the country (whether made bilaterally, multilaterally, or
privately) in the currency of the indebted country; and''; and
(2) in subsection (g), by adding at the end the following:
``(6) The matters described in subsection (e)(4).''.
SEC. 106. SENSE OF CONGRESS RELATING TO THE ALLOCATION OF SAVINGS FROM
DEBT RELIEF OF SUB-SAHARAN AFRICAN COUNTRIES FOR BASIC
SERVICES.
It is the sense of Congress that the government of each sub-Saharan
African country should allocate 20 percent of its national budget,
including the savings from the cancellation of debt owed by the country
to--
(1) the United States (pursuant to part VI of the Foreign
Assistance Act of 1961, as added by section 101 of this Act);
(2) other foreign countries (pursuant to section 103 of
this Act);
(3) the International Monetary Fund and the International
Bank for Reconstruction and Development (pursuant to section
104 of this Act); and
(4) United States persons (pursuant to section 106 of this
Act);
for the provision of basic services to individuals in each such
country, as provided for in the United Nations 20/20 Initiative. In
providing such basic services, each government should seek input from
appropriate nongovernmental organizations.
SEC. 107. SENSE OF CONGRESS RELATING TO LEVEL OF INTERIM DEBT PAYMENTS
PRIOR TO FULL DEBT CANCELLATION BY SUB-SAHARAN AFRICAN
COUNTRIES.
It is the sense of Congress that, prior to the full and
unconditional cancellation of all debts owed by sub-Saharan African
countries to the United States (pursuant to part VI of the Foreign
Assistance Act of 1961, as added by section 101 of this Act), to other
foreign countries, and to United States persons, each sub-Saharan
African country should not, in making debt payments described in this
title, pay in any calendar year an aggregate amount greater than an
amount equal to 5 percent of the export earnings of the country for the
preceding calendar year.
TITLE II--TRADE PROVISIONS RELATING TO SUB-SAHARAN AFRICA
SEC. 201. ENCOURAGING MUTUALLY BENEFICIAL TRADE AND INVESTMENT.
(a) Findings.--Congress makes the following findings:
(1) A mutually beneficial United States Sub-Saharan Africa
trade policy will grant new access to the United States market
for a broad range of goods produced in Africa, by Africans, and
include safeguards to ensure that the corporations
manufacturing these goods (or the product or manufacture of the
oil or mineral extraction industry) respect the rights of their
employees and the local environment. Such trade opportunities
will promote equitable economic development and thus increase
demand in African countries for United States goods and service
exports.
(2) Recognizing that the global system of textile and
apparel quotas under the MultiFiber Arrangement will be phased
out under the Uruguay Round Agreements over the next 5 years
with the total termination of the quota system in 2005, the
grant of additional access to the United States market in these
sectors is a short-lived benefit.
(b) Treatment of Quotas.--
(1) Kenya and mauritius.--Pursuant to the Agreement on
Textiles and Clothing, the United States shall eliminate the
existing quotas on textile and apparel imports to the United
States from Kenya and Mauritius, respectively, not later than
30 days after each country demonstrates the following:
(A) The country is not ineligible for benefits
under section 502(b)(2) of the Trade Act of 1974 (19
U.S.C. 2462(b)(2)).
(B) The country does not engage in significant
violations of internationally recognized human rights
and the Secretary of State agrees with this
determination.
(C)(i) The country is providing for effective
enforcement of internationally recognized worker rights
throughout the country (including in export processing
zones) as determined under paragraph (5), including the
core labor standards enumerated in the appropriate
treaties of the International Labor Organization, and
including--
(I) the right of association;
(II) the right to organize and bargain
collectively;
(III) a prohibition on the use of any form
of coerced or compulsory labor;
(IV) the international minimum age for the
employment of children (age 15); and
(V) acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health.
(ii) The government of the country ensures that the
Secretary of Labor, the head of the national labor
agency of the government of that country, and the head
of the International Confederation of Free Trade
Unions-Africa Region Office (ICFTU-AFRO) each has
access to all appropriate records and other information
of all business enterprises in the country.
(D) The country is taking adequate measures to
prevent illegal transshipment of goods that is carried
out by rerouting, false declaration concerning country
of origin or place of origin, falsification of official
documents, evasion of United States rules of origin for
textile and apparel goods, or any other means, in
accordance with the requirements of subsection (d).
(E) The country is taking adequate measures to
prevent being used as a transit point for the shipment
of goods in violation of the Agreement on Textiles and
Clothing or any other applicable textile agreement.
(F) The cost or value of the textile or apparel
product produced in the country, or by companies in any
2 or more sub-Saharan African countries, plus the
direct costs of processing operations performed in the
country or such countries, is not less than 60 percent
of the appraised value of the product at the time it is
entered into the customs territory of the United
States.
(G) Not less than 90 percent of employees in
business enterprises producing the textile and apparel
goods are citizens of that country, or any 2 or more
sub-Saharan African countries.
(2) Other sub-saharan countries.--The President shall
continue the existing no quota policy for each other country in
sub-Saharan Africa if the country is in compliance with the
requirements applicable to Kenya and Mauritius under
subparagraphs (A) through (G) of paragraph (1).
(3) Technical assistance.--The Customs Service shall
provide the necessary technical assistance to sub-Saharan
African countries in the development and implementation of
adequate measures against the illegal transshipment of goods.
(4) Offsetting reduction of chinese quota.--When the quota
for textile and apparel products imported from Kenya or
Mauritius is eliminated, the quota for textile and apparel
products from the People's Republic of China for each calendar
year in each product category shall be reduced by the amount
equal to the volume of all textile and apparel products in that
product category imported from all sub-Saharan African
countries into the United States in the preceding calendar
year, plus 5 percent of that amount.
(5) Determination of compliance with internationally
recognized worker rights.--
(A) Determination.--
(i) In general.--For purposes of carrying
out paragraph (1)(C), the Secretary of Labor,
in consultation with the individuals described
in clause (ii) and pursuant to the procedures
described in clause (iii), shall determine
whether or not each sub-Saharan African country
is providing for effective enforcement of
internationally recognized worker rights
throughout the country (including in export
processing zones).
(ii) Individuals described.--The
individuals described in this clause are the
head of the national labor agency of the
government of the sub-Saharan African country
in question and the head of the International
Confederation of Free Trade Unions-Africa
Region Office (ICFTU-AFRO).
(iii) Public comment.--Not later than 90
days before the Secretary of Labor makes a
determination that a country is in compliance
with the requirements of paragraph (1)(C), the
Secretary shall publish notice in the Federal
Register and an opportunity for public comment.
The Secretary shall take into consideration the
comments received in making a determination
under such paragraph (1)(C).
(B) Continuing compliance.--In the case of a
country for which the Secretary of Labor has made an
initial determination under subparagraph (A) that the
country is in compliance with the requirements of
paragraph (1)(C), the Secretary, in consultation with
the individuals described in subparagraph (A), shall,
not less than once every 3 years thereafter, conduct a
review and make a determination with respect to that
country to ensure continuing compliance with the
requirements of paragraph (1)(C). The Secretary shall
submit the determination to Congress.
(C) Report.--Not later than 6 months after the date
of enactment of this Act, and on an annual basis
thereafter, the Secretary of Labor shall prepare and
submit to Congress a report containing--
(i) a description of each determination
made under this paragraph during the preceding
year;
(ii) a description of the position taken by
each of the individuals described in
subparagraph (A)(ii) with respect to each such
determination; and
(iii) a report on the public comments
received pursuant to subparagraph (A)(iii).
(6) Report.--Not later than March 31 of each year, the
President shall publish in the Federal Register and submit to
Congress a report on the growth in textiles and apparel
imported into the United States from countries in sub-Saharan
Africa in order to inform United States consumers, workers, and
textile manufacturers about the effects of the no quota policy.
(c) Treatment of Tariffs.--The President shall provide an
additional benefit of a 50 percent tariff reduction for any textile and
apparel product of a sub-Saharan African country that meets the
requirements of subparagraphs (A) through (G) of subsections (b)(1) and
(d) and that is imported directly into the United States from such sub-
Saharan African country if the business enterprise, or a subcontractor
of the enterprise, producing the product is in compliance with the
following:
(1) Citizens of 1 or more sub-Saharan African countries own
not less than 51 percent of the business enterprise.
(2) If the business enterprise involves a joint-venture
arrangement with, or related to as a subsidiary, trust, or
subcontractor, a business enterprise organized under the laws
of the United States, the European Union, Japan, or any other developed
country (or group of developed countries), or operating in such
countries, the business enterprise complies with the environmental
standards that would apply to a similar operation in the United States,
the European Union, Japan, or any other developed country (or group of
developed countries), as the case may be.
(d) Customs Procedures and Enforcement.--
(1) Obligations of importers and parties on whose behalf
apparel and textiles are imported.--
(A) In general.--Notwithstanding any other
provision of law, all imports to the United States of
textile and apparel goods pursuant to this Act shall be
accompanied by--
(i)(I) the name and address of the
manufacturer or producer of the goods, and any
other information with respect to the
manufacturer or producer that the Customs
Service may require; and
(II) if there is more than one manufacturer
or producer, or if there is a contractor or
subcontractor of the manufacturer or producer
with respect to the manufacture or production
of the goods, the information required under
subclause (I) with respect to each such
manufacturer, producer, contractor, or
subcontractor, including a description of the
process performed by each such entity;
(ii) a certification by the importer of
record that the importer has exercised
reasonable care to ascertain the true country
of origin of the textile and apparel goods and
the accuracy of all other information provided
on the documentation accompanying the imported
goods, as well as a certification of the
specific action taken by the importer to ensure
reasonable care for purposes of this paragraph;
and
(iii) a certification by the importer that
the goods being entered do not violate
applicable trademark, copyright, and patent
laws.
(B) Liability.--The importer of record and the
final retail seller of the merchandise shall be jointly
liable for any material false statement, act, or
omission made with the intention or effect of--
(i) circumventing any quota that applies to
the merchandise; or
(ii) avoiding any duty that would otherwise
be applicable to the merchandise.
(2) Obligations of countries to take action against
transshipment and circumvention.--The President shall ensure
that any country in sub-Saharan Africa that intends to import
textile and apparel goods into the United States--
(A) has in place adequate measures to guard against
unlawful transshipment of textile and apparel goods and
the use of counterfeit documents; and
(B) will cooperate fully with the United States to
address and take action necessary to prevent
circumvention of any provision of this section or of
any agreement regulating trade in apparel and textiles
between that country and the United States.
(3) Standards of proof.--
(A) For importers and retailers.--
(i) In general.--The United States Customs
Service (in this Act referred to as the
``Customs Service'') shall seek imposition of a
penalty against an importer or retailer for a
violation of any provision of this section if
the Customs Service determines, after
appropriate investigation, that there is a
substantial likelihood that the violation
occurred.
(ii) Use of best available information.--If
an importer or retailer fails to cooperate with
the Customs Service in an investigation to
determine if there has been a violation of any
provision of this section, the Customs Service
shall base its determination on the best
available information.
(B) For countries.--
(i) In general.--The President may
determine that a country is not taking adequate
measures to prevent illegal transshipment of
goods or to prevent being used as a transit
point for the shipment of goods in violation of
this section if the Customs Service determines,
after consultations with the country concerned,
that there is a substantial likelihood that a
violation of this section occurred.
(ii) Use of best available information.--
(I) In general.--If a country fails
to cooperate with the Customs Service
in an investigation to determine if an
illegal transshipment has occurred, the
Customs Service shall base its
determination on the best available
information.
(II) Examples.--Actions indicating
failure of a country to cooperate under
subclause (I) include--
(aa) denying or
unreasonably delaying entry of
officials of the Customs
Service to investigate
violations of, or promote
compliance with, this section
or any textile agreement;
(bb) providing appropriate
United States officials with
inaccurate or incomplete
information, including
information required under the
provisions of this section; and
(cc) denying appropriate
United States officials access
to information or documentation
relating to production capacity
of, and outward processing done
by, manufacturers, producers,
contractors, or subcontractors
within the country.
(4) Penalties.--
(A) For importers and retailers.--The penalty for a
violation of any provision of this section by an
importer or retailer of textile and apparel goods--
(i) for a first offense (except as provided
in clause (iii)), shall be a civil penalty in
an amount equal to 200 percent of the declared
value of the merchandise, plus forfeiture of
the merchandise;
(ii) for a second offense (except as
provided in clause (iii)), shall be a civil
penalty in an amount equal to 400 percent of
the declared value of the merchandise, plus
forfeiture of the merchandise, and, shall be
punishable by a fine of not more than $100,000,
imprisonment for not more than 1 year, or both;
and
(iii) for a third or subsequent offense, or
for a first or second offense if the violation
of the provision of this section is committed
knowingly and willingly, shall be punishable by
a fine of not more than $1,000,000,
imprisonment for not more than 5 years, or
both, and, in addition, shall result in
forfeiture of the merchandise.
(B) For countries.--If a country fails to undertake
the measures or fails to cooperate as required by this
section, the President shall impose a quota on textile
and apparel goods imported from the country, based on
the volume of such goods imported during the first 12
of the preceding 24 months, or shall impose a duty on
the apparel or textile goods of the country, at a level
designed to secure future cooperation.
(5) Applicability of united states laws and procedures.--
All provisions of the laws, regulations, and procedures of the
United States relating to the denial of entry of articles or
penalties against individuals or entities for engaging in
illegal transshipment, fraud, or other violations of the
customs laws, shall apply to imports of textiles and apparel
from sub-Saharan African countries, in addition to the specific
provisions of this section.
(6) Monitoring and reports to congress.--Not later than
March 31 of each year, the Customs Service shall monitor and
the Commissioner of Customs shall submit to Congress a report
on the measures taken by each country in sub-Saharan Africa
that imports textiles or apparel goods into the United States--
(A) to prevent transshipment; and
(B) to prevent circumvention of this section or of
any agreement regulating trade in textiles and apparel
between that country and the United States.
(e) Definition.--In this section, the term ``Agreement on Textiles
and Clothing'' means the Agreement on Textiles and Clothing referred to
in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)).
SEC. 202. GENERALIZED SYSTEM OF PREFERENCES.
(a) Preferential Tariff Treatment for Certain Articles.--Section
503(a)(1) of the Trade Act of 1974 (19 U.S.C. 2463(a)(1)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Eligible countries in sub-saharan africa.--
``(i) In general.--(I) Subject to clause
(ii), the President may provide duty-free
treatment for any article described in
subclause (II) that is imported directly into
the United States from a sub-Saharan African
country.
``(II) Article described.--
``(aa) In general.--An article
described in this subclause is an
article set forth in the most current
Lome Treaty product list, that is the
growth, product, or manufacture of a
sub-Saharan African country that is a
beneficiary developing country and that
is in compliance with the requirements
of subsections (b) and (d) of section
201 of the HOPE for Africa Act of 1999,
with respect to such article, if, after
receiving the advice of the
International Trade Commission in
accordance with subsection (e), the
President determines that such article
is not import-sensitive in the context
of all articles imported from United
States Trading partners. This
subparagraph shall not affect the
designation of eligible articles under
subparagraph (B).
``(bb) Other requirements.--In
addition to meeting the requirements of
division (aa), in the case of an
article that is the product or
manufacture of the oil or mineral
extraction industry, and the business
enterprise that produces or
manufactures the article is involved in
a joint-venture arrangement with, or
related to as a subsidiary, trust, or
subcontractor, a business enterprise
organized under the laws of the United
States, the European Union, Japan, or
any other developed country (or group
of developed countries), or operating in such countries, the business
enterprise complies with the environmental standards that would apply
to a similar operation in the United States, the European Union, Japan,
or any other developed country (or group of developed countries), as
the case may be.
``(ii) Rule of construction.--For purposes
of clause (i), in applying subparagraphs (A)
through (G) of section 201(b)(1) and section
201(d) of the Hope for Africa Act of 1999, any
reference to textile and apparel goods or
products shall be deemed to refer to the
article provided duty-free treatment under
clause (i).''.
(b) Termination.--Title V of the Trade Act of 1974 is amended by
inserting after section 505 the following new section:
``SEC. 505A. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN COUNTRIES.
``No duty-free treatment provided under this title shall remain in
effect after September 30, 2006 in the case of a beneficiary developing
country that is a sub-Saharan African country.''.
(d) Definitions.--Section 507 of the Trade Act of 1974 (19 U.S.C.
2467) is amended by adding at the end the following:
``(6) Sub-saharan african country.--The terms `sub-Saharan
African country' and `sub-Saharan African countries' mean a
country or countries in sub-Saharan Africa, as defined in
section 6 of the HOPE For Africa Act of 1999.
``(7) Lome treaty product list.--The term `Lome Treaty
product list' means the list of products that may be granted
duty-free access into the European Union according to the
provisions of the fourth iteration of the Lome Covention
between the European Union and the African-Caribbean and
Pacific States (commonly referred to as `Lome IV') signed on
November 4, 1995.''.
(e) Clerical Amendment.--The table of contents for title V of the
Trade Act of 1974 is amended by inserting after the item relating to
section 505 the following new item:
``505A. Termination of benefits for sub-Saharan African countries.''.
(f) Effective Date.--The amendments made by this section take
effect on the date that is 30 days after the date enactment of this
Act.
SEC. 203. ADDITIONAL ENFORCEMENT.
A citizen of the United States shall have a cause of action in the
United States district court in the district in which the citizen
resides or in any other appropriate district to seek compliance with
the standards set forth under subparagraphs (A) through (G) of section
201(b)(1), section 201(c), and section 201(d) of this Act with respect
to any sub-Saharan African country, including a cause of action in an
appropriate United States district court for other appropriate
equitable relief. In addition to any other relief sought in such an
action, a citizen may seek three times the value of any damages caused
by the failure of a country or company to comply. The amount of damages
described in the preceding sentence shall be paid by the business
enterprise (or business enterprises) the operations or conduct of which
is responsible for the failure to meet the standards set forth under
subparagraphs (A) through (G) of section 201(b)(1), section 201(c), and
section 201(d) of this Act.
TITLE III--DEVELOPMENT ASSISTANCE FOR SUB-SAHARAN AFRICAN COUNTRIES
SEC. 301. FINDINGS.
(a) In General.--Congress makes the following findings:
(1) In addition to drought and famine, the HIV/AIDS
epidemic has caused countless deaths and untold suffering among
the people of sub-Saharan Africa.
(2) The Food and Agricultural Organization estimates that
543,000,000 people, representing nearly 40 percent of the
population of sub-Saharan Africa, are chronically
undernourished.
(b) Amendment to Foreign Assistance Act of 1961.--Section 496(a)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2293(a)(1)) is amended
by striking ``drought and famine'' and inserting ``drought, famine, and
the HIV/AIDS epidemic''.
SEC. 302. PRIVATE AND VOLUNTARY ORGANIZATIONS.
Section 496(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2293(e)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Capacity building.--In addition to assistance
provided under subsection (h), the United States Agency for
International Development shall provide capacity building
assistance through participatory planning to private and
voluntary organizations that are involved in providing
assistance for sub-Saharan Africa under this chapter.''.
SEC. 303. TYPES OF ASSISTANCE.
Section 496(h) of the Foreign Assistance Act of 1961 (22 U.S.C.
2293(h)) is amended by adding at the end the following:
``(4) Prohibition on military assistance.--Assistance under
this section--
``(A) may not include military training or weapons;
and
``(B) may not be obligated or expended for military
training or the procurement of weapons.''.
SEC. 304. CRITICAL SECTORAL PRIORITIES.
(a) Agriculture, Food Security and Natural Resources.--Section
496(i)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(1))
is amended--
(1) in the heading, to read as follows:
``(1) Agriculture, food security and natural resources.--
'';
(2) in subparagraph (A)--
(A) in the heading, to read as follows:
``(A) Agriculture and food security.--'';
(B) in the first sentence--
(i) by striking ``agricultural production
in ways'' and inserting ``food security by
promoting agriculture policies''; and
(ii) by striking ``, especially food
production,''; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ``agricultural production'' and inserting
``food security and sustainable resource use''.
(b) Health.--Section 496(i)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2293(i)(2)) is amended by striking ``(including
displaced children)'' and inserting ``(including displaced children and
improving HIV/AIDS prevention and treatment programs)''.
(c) Voluntary Family Planning Services.--Section 496(i)(3) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(3)) is amended by
adding at the end before the period the following: ``and access to
prenatal healthcare''.
(d) Education.--Section 496(i)(4) of the Foreign Assistance Act of
1961 (22 U.S.C. 2293(i)(4)) is amended by adding at the end before the
period the following: ``and vocational education, with particular
emphasis on primary education and vocational education for women''.
(e) Income-Generating Opportunities.--Section 496(i)(5) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(5)) is amended--
(1) by striking ``labor-intensive''; and
(2) by adding at the end before the period the following:
``, including development of manufacturing and processing
industries and microcredit projects''.
SEC. 305. REPORTING REQUIREMENTS.
Section 496 of the Foreign Assistance Act of 1961 (22 U.S.C. 2293)
is amended by adding at the end the following:
``(p) Reporting Requirements.--The Administrator of the United
States Agency for International Development shall, on a semiannual
basis, prepare and submit to Congress a report containing--
``(1) a description of how, and the extent to which, the
Agency has consulted with nongovernmental organizations in sub-
Saharan Africa regarding the use of amounts made available for
sub-Saharan African countries under this chapter;
``(2) the extent to which the provision of such amounts has
been successful in increasing food security and access to
health and education services among the people of sub-Saharan
Africa;
``(3) the extent to which the provision of such amounts has
been successful in capacity building among local
nongovernmental organizations; and
``(4) a description of how, and the extent to which, the
provision of such amounts has furthered the goals of
sustainable economic and agricultural development, gender
equity, environmental protection, and respect for workers'
rights in sub-Saharan Africa.''.
SEC. 306. SEPARATE ACCOUNT FOR DEVELOPMENT FUND FOR AFRICA.
Amounts appropriated to the Development Fund for Africa shall be
appropriated to a separate account under the heading ``Development Fund
for Africa'' and not to the account under the heading ``Development
Assistance''.
TITLE IV--SUB-SAHARAN AFRICA EQUITY AND INFRASTRUCTURE FUNDS
SEC. 401. SUB-SAHARAN AFRICA EQUITY AND INFRASTRUCTURE FUNDS.
(a) Initiation of Funds.--Not later than 12 months after the date
of enactment of this Act, the Overseas Private Investment Corporation
shall exercise the authorities it has to initiate 1 or more equity
funds in support of projects in the countries in sub-Saharan Africa, in
addition to any existing equity fund for sub-Saharan Africa established
by the Corporation before the date of enactment of this Act.
(b) Structure and Types of Funds.--
(1) Structure.--Each fund initiated under subsection (a)
shall be structured as a partnership managed by professional
private sector fund managers and monitored on a continuing
basis by the Corporation.
(2) Capitalization.--Each fund shall be capitalized with a
combination of private equity capital, which is not guaranteed
by the Corporation, and debt for which the Corporation provides
guaranties.
(3) Types of funds.--One or more of the funds, with
combined assets of up to $500,000,000, shall be used in support
of infrastructure projects in countries of sub-Saharan Africa,
including basic health services (including AIDS prevention and
treatment), hospitals, potable water, sanitation, schools,
electrification of rural areas, and publicly-accessible
transportation in sub-Saharan African countries.
(c) Additional Requirements.--The Corporation shall ensure that--
(1) not less than 70 percent of trade financing and
investment insurance provided through the equity funds
established under subsection (a), and through any existing
equity fund for sub-Saharan Africa established by the
Corporation before the date of enactment of this Act, are
allocated to small, women- and minority-owned businesses--
(A) of which not less than 60 percent of the
ownership is comprised of citizens of sub-Saharan
African countries and 40 percent of the ownership is
comprised of citizens of the United States; and
(B) that have assets of not more than $1,000,000;
and
(2) not less than 50 percent of the funds allocated to
energy projects are used for renewal or alternative energy
projects.
TITLE V--OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
INITIATIVES
SEC. 501. OVERSEAS PRIVATE INVESTMENT CORPORATION INITIATIVES.
Section 233 of the Foreign Assistance Act of 1961 (22 U.S.C. 2193)
is amended by adding at the end the following:
``(e) Advisory Committee.--
``(1) Establishment.--The President shall establish an
advisory committee to work with and assist the Board in
developing and implementing policies, programs, and financial
instruments with respect to sub-Saharan Africa, including with
respect to equity and infrastructure funds established under
title IV of the HOPE for Africa Act of 1999.
``(2) Membership.--
``(A) In general.--The advisory committee
established under paragraph (1) shall consist of 15
members appointed by the President, of which 7 members
shall be employees of the United States Government and
8 members shall be representatives of the private
sector, including a representative from--
``(i) a not-for-profit public interest
organization;
``(ii) an organization with expertise in
development issues;
``(iii) an organization with expertise in
human rights issues;
``(iv) an organization with expertise in
environmental issues; and
``(v) an organization with expertise in
international labor rights.
``(B) Terms.--Each member of the advisory committee
shall be appointed for a term of 2 years.
``(C) Compensation of members.--
``(i) Private sector.--Members of the
advisory committee who are representatives of
the private sector shall not receive
compensation by reason of their service on the
advisory committee.
``(ii) Officers and employees of
government.--Members of the advisory committee
who are officers or employees of the Federal
Government may not receive additional pay,
allowances, or benefits by reason of their
service on the advisory committee.
``(3) Meetings.--
``(A) Open to public.--Meetings of the advisory
committee shall be open to the public.
``(B) Advance notice.--The advisory committee shall
provide advance notice in the Federal Register of any
meeting of the committee, shall provide notice of all
proposals or projects to be considered by the committee
at the meeting, and shall solicit written comments from
the public relating to such proposals or projects.
``(C) Decisions.--Any decision of the advisory
committee relating to a proposal or project shall be
published in the Federal Register with an explanation
of the extent to which the committee considered public
comments received with respect to the proposal or
project, if any.
``(4) Environmental impact assessments.--The Corporation
shall complete and release to the public the environmental
impact assessments in compliance with the National
Environmental Policy Act with respect to any proposal or
project not later than 120 days before the advisory committee,
or the Board, considers such proposal or project, whichever
occurs earlier.''.
SEC. 502. EXPORT-IMPORT BANK INITIATIVE.
Section 2(b)(9) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(9)) is amended to read as follows:
``(9) For purposes of the funds allocated by the Bank for
projects in countries in sub-Saharan Africa (as defined in
section 6 of the HOPE for Africa Act of 1999):
``(A) The President shall establish an advisory
committee to work with and assist the Board in
developing and implementing policies, programs, and
financial instruments with respect to such countries.
``(B) The advisory committee established under
subparagraph (A) shall consist of 15 members, appointed
by the President, of which 7 members shall be employees
of the United States Government and 8 members shall be
representatives of the private sector, including a
representative from--
``(i) a not-for-profit public interest
organization;
``(ii) an organization with expertise in
development issues;
``(iii) an organization with expertise in
human rights;
``(iv) an organization with expertise in
environmental issues; and
``(v) an organization with expertise in
international labor rights.
``(C) Each member of the advisory committee shall
serve for a term of 2 years.
``(D)(i) Members of the advisory committee who are
representatives of the private sector shall not receive
compensation by reason of their service on the advisory
committee.
``(ii) Members of the advisory committee who are
officers or employees of the Federal Government may not
receive additional pay, allowances, or benefits by
reason of their service on the advisory committee.
``(E) Meetings of the advisory committee shall be
open to the public.
``(F) The advisory committee shall give timely
advance notice of each meeting of the advisory
committee, including a description of any matters to be
considered at the meeting, shall establish a public
docket, shall solicit written comments in advance on each proposal, and
shall make each decision in writing with an explanation of disposition
of the public comments.
``(G) The Bank shall complete and release to the
public an environmental impact assessment in compliance
with the National Environmental Policy Act with respect
to a proposal or project with potential environmental
effects, not later than 120 days before the advisory
committee, or the Board, considers the proposal or
project, whichever occurs earlier.
``(H) Section 14(a)(2) of the Federal Advisory
Committee Act shall not apply to the advisory
committee.''.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. ANTICORRUPTION EFFORTS.
(a) Findings.--Congress makes the following findings:
(1) Corruption and bribery of public officials is a major
problem in many African countries and represents a serious
threat to the development of a functioning domestic private
sector, to United States business and trade interests, and to
prospects for democracy and good governance in African
countries.
(2) Of the 17 countries in sub-Saharan Africa rated by the
international watchdog group, Transparency International, as
part of the 1998 Corruption Perception Index, 13 ranked in the
bottom half.
(3) The Organization for Economic Cooperation and
Development (OECD) Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions, which
has been signed by all 29 members of the OECD plus Argentina,
Brazil, Bulgaria, Chile, and the Slovak Republic and which
entered into force on February 15, 1999, represents a
significant step in the elimination of bribery and corruption
in international commerce.
(4) As a party to the OECD Convention on Combating Bribery
of Foreign Public Officials in International Business
Transactions, the United States should encourage the highest
standards possible with respect to bribery and corruption.
(b) Sense of Congress.--It is the sense of Congress that the United
States should encourage at every opportunity the accession of sub-
Saharan African countries, as defined in section 6, to the OECD
Convention on Combating Bribery of Foreign Public Officials in
International Business Transactions.
SEC. 602. REQUIREMENTS RELATING TO SUB-SAHARAN AFRICAN INTELLECTUAL
PROPERTY AND COMPETITION LAW.
(a) Findings.--Congress finds that--
(1) since the onset of the worldwide HIV/AIDS epidemic,
approximately 34,000,000 people living in sub-Saharan Africa
have been infected with the disease;
(2) of those infected, approximately 11,500,000 have died;
and
(3) the deaths represent 83 percent of the total HIV/AIDS-
related deaths worldwide.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of the United States to take all
necessary steps to prevent further spread of infectious
disease, particularly HIV/AIDS; and
(2) individual countries should have the ability to
determine the availability of pharmaceuticals and health care
for their citizens in general, and particularly with respect to
the HIV/AIDS epidemic.
(c) Limitations on Funding.--Funds appropriated or otherwise made
available to any department or agency of the United States may not be
obligated or expended to seek, through negotiation or otherwise, the
revocation or revisions of any sub-Saharan African intellectual
property or competition law or policy that is designed to promote
access to pharmaceuticals or other medical technologies if the law or
policy, as the case may be, complies with the Agreement on Trade-
Related Aspects of Intellectual Property Rights referred to in section
101(d)(15) of the Uruguay Round Agreements Act.
SEC. 603. EXPANSION OF THE UNITED STATES AND FOREIGN COMMERCIAL SERVICE
IN SUB-SAHARAN AFRICA.
(a) Findings.--Congress makes the following findings:
(1) The United States and Foreign Commercial Service (in
this section referred to as the ``Commercial Service'') plays
an important role in helping United States businesses identify
export opportunities and develop reliable sources of
information on commercial prospects in foreign countries.
(2) During the 1980's, the presence of the Commercial
Service in sub-Saharan Africa consisted of 14 professionals
providing services in 8 countries. By early 1997, that presence
had been reduced by one-half to 7, in only 4 countries.
(3) Since 1997, the Department of Commerce has slowly begun
to increase the presence of the Commercial Service in sub-
Saharan Africa, adding 5 full-time officers to established
posts.
(4) Although the Commercial Service Officers in these
countries have regional responsibilities, this kind of coverage
does not adequately service the needs of United States
businesses attempting to do business in sub-Saharan Africa.
(5) Because market information is not widely available in
many sub-Saharan African countries, the presence of additional
Commercial Service Officers and resources can play a
significant role in assisting United States businesses in
markets in those countries.
(b) Appointments.--Subject to the availability of appropriations,
by not later than December 31, 2000, the Secretary of Commerce, acting
through the Assistant Secretary of Commerce and Director General of the
United States and Foreign Commercial Service, shall take steps to
ensure that--
(1) at least 20 full-time Commercial Service employees are
stationed in sub-Saharan Africa; and
(2) full-time Commercial Service employees are stationed in
not less than 10 different sub-Saharan African countries.
(c) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Secretary of Commerce, in consultation with the Secretary of State,
shall report to Congress on actions taken to carry out subsection (b).
Each report shall specify--
(1) in what countries full-time Commercial Service Officers
are stationed, and the number of such officers placed in each
such country; and
(2) the effectiveness of the presence of the additional
Commercial Service Officers in increasing United States exports
to sub-Saharan African countries.
TITLE VII--OFFSET
SEC. 701. PRIVATE SECTOR FUNDING FOR RESEARCH AND DEVELOPMENT BY NASA
RELATING TO AIRCRAFT PERFORMANCE.
The Administrator of the National Aeronautics and Space
Administration may not carry out research and development activities
relating to the performance of aircraft (including supersonic aircraft
and subsonic aircraft) unless the Administrator receives payment in
full for such activities from the private sector.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11432)
Read twice and referred to the Committee on Finance.
Sponsor introductory remarks on measure. (CR S11877-11878)
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