[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Engrossed in House (EH)]


  1st Session

                               H. R. 434

_______________________________________________________________________

                                 AN ACT

 To authorize a new trade and investment policy for sub-Sahara Africa.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 434

_______________________________________________________________________

                                 AN ACT


 
 To authorize a new trade and investment policy for sub-Sahara 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 ``African Growth and Opportunity 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that it is in the mutual economic interest of 
the United States and sub-Saharan Africa to promote stable and 
sustainable economic growth and development in sub-Saharan Africa and 
that sustained economic growth in sub-Saharan Africa depends in large 
measure upon the development of a receptive environment for trade and 
investment. To that end, the United States seeks to facilitate market-
led economic growth in, and thereby the social and economic development 
of, the countries of sub-Saharan Africa. In particular, the United 
States seeks to assist sub-Saharan African countries, and the private 
sector in those countries, to achieve economic self-reliance by--
            (1) strengthening and expanding the private sector in sub-
        Saharan Africa, especially women-owned businesses;
            (2) encouraging increased trade and investment between the 
        United States and sub-Saharan Africa;
            (3) reducing tariff and nontariff barriers and other trade 
        obstacles;
            (4) expanding United States assistance to sub-Saharan 
        Africa's regional integration efforts;
            (5) negotiating free trade areas;
            (6) establishing a United States-Sub-Saharan Africa Trade 
        and Investment Partnership;
            (7) focusing on countries committed to accountable 
        government, economic reform, and the eradication of poverty;
            (8) establishing a United States-Sub-Saharan Africa 
        Economic Cooperation Forum;
            (9) continuing to support development assistance for those 
        countries in sub-Saharan Africa attempting to build civil 
        societies; and
            (10) encouraging the establishment and development of small 
        businesses in sub-Saharan Africa and encouraging trade between 
        United States small businesses and these newly-established 
        small businesses in sub-Saharan Africa.

SEC. 3. STATEMENT OF POLICY.

    The Congress supports economic self-reliance for sub-Saharan 
African countries, particularly those committed to--
            (1) economic and political reform;
            (2) market incentives and private sector growth;
            (3) the eradication of poverty; and
            (4) the importance of women to economic growth and 
        development.

SEC. 4. ELIGIBILITY REQUIREMENTS.

    (a) In General.--A sub-Saharan African country shall be eligible to 
participate in programs, projects, or activities, or receive assistance 
or other benefits under this Act if the President determines that the 
country does not engage in gross violations of internationally 
recognized human rights and has established, or is making continual 
progress toward establishing, a market-based economy, such as the 
establishment and enforcement of appropriate policies relating to--
            (1) promoting free movement of goods and services between 
        the United States and sub-Saharan Africa and among countries in 
        sub-Saharan Africa;
            (2) promoting the expansion of the production base and the 
        transformation of commodities and nontraditional products for 
        exports through joint venture projects between African and 
        foreign investors;
            (3) trade issues, such as protection of intellectual 
        property rights, improvements in standards, testing, labeling 
        and certification, and government procurement;
            (4) the protection of property rights, such as protection 
        against expropriation and a functioning and fair judicial 
        system;
            (5) the protection of internationally recognized worker 
        rights, including the right of association, the right to 
        organize and bargain collectively, a prohibition on the use of 
        any form of forced or compulsory labor, a minimum age for the 
        employment of children, and acceptable conditions of work with 
        respect to minimum wages, hours of work, and occupational 
        safety and health;
            (6) appropriate fiscal systems, such as reducing high 
        import and corporate taxes, controlling government consumption, 
        participation in bilateral investment treaties, and the 
        harmonization of such treaties to avoid double taxation;
            (7) foreign investment issues, such as the provision of 
        national treatment for foreign investors, removing restrictions 
        on investment, and other measures to create an environment 
        conducive to domestic and foreign investment;
            (8) supporting the growth of regional markets within a free 
        trade area framework;
            (9) governance issues, such as eliminating government 
        corruption, minimizing government intervention in the market 
        such as price controls and subsidies, and streamlining the 
        business license process;
            (10) supporting the growth of the private sector, in 
        particular by promoting the emergence of a new generation of 
        African entrepreneurs;
            (11) encouraging the private ownership of government-
        controlled economic enterprises through divestiture programs; 
        and
            (12) observing the rule of law, including equal protection 
        under the law and the right to due process and a fair trial.
    (b) Additional Factors.--In determining whether a sub-Saharan 
African country is eligible under subsection (a), the President shall 
take into account the following factors:
            (1) An expression by such country of its desire to be an 
        eligible country under subsection (a).
            (2) The extent to which such country has made substantial 
        progress toward--
                    (A) reducing tariff levels;
                    (B) binding its tariffs in the World Trade 
                Organization and assuming meaningful binding 
                obligations in other sectors of trade; and
                    (C) eliminating nontariff barriers to trade.
            (3) Whether such country, if not already a member of the 
        World Trade Organization, is actively pursuing membership in 
        that Organization.
            (4) The extent to which such country has a recognizable 
        commitment to reducing poverty, increasing the availability of 
        health care and educational opportunities, the expansion of 
        physical infrastructure in a manner designed to maximize 
        accessibility, increased access to market and credit facilities 
        for small farmers and producers, and improved economic 
        opportunities for women as entrepreneurs and employees, and 
        promoting and enabling the formation of capital to support the 
        establishment and operation of micro-enterprises.
            (5) Whether or not such country engages in activities that 
        undermine United States national security or foreign policy 
        interests.
    (c) Continuing Compliance.--
            (1) Monitoring and review of certain countries.--The 
        President shall monitor and review the progress of sub-Saharan 
        African countries in order to determine their current or 
        potential eligibility under subsection (a). Such determinations 
        shall be based on quantitative factors to the fullest extent 
        possible and shall be included in the annual report required by 
        section 15.
            (2) Ineligibility of certain countries.--A sub-Saharan 
        African country described in paragraph (1) that has not made 
        continual progress in meeting the requirements with which it is 
        not in compliance shall be ineligible to participate in 
        programs, projects, or activities, or receive assistance or 
        other benefits, under this Act.

SEC. 5. UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECONOMIC COOPERATION 
              FORUM.

    (a) Declaration of Policy.--The President shall convene annual 
high-level meetings between appropriate officials of the United States 
Government and officials of the governments of sub-Saharan African 
countries in order to foster close economic ties between the United 
States and sub-Saharan Africa.
    (b) Establishment.--Not later than 12 months after the date of the 
enactment of this Act, the President, after consulting with Congress 
and the governments concerned, shall establish a United States-Sub-
Saharan Africa Trade and Economic Cooperation Forum (hereafter in this 
section referred to as the ``Forum'').
    (c) Requirements.--In creating the Forum, the President shall meet 
the following requirements:
            (1) The President shall direct the Secretary of Commerce, 
        the Secretary of the Treasury, the Secretary of State, and the 
        United States Trade Representative to host the first annual 
        meeting with the counterparts of such Secretaries from the 
        governments of sub-Saharan African countries eligible under 
        section 4, the Secretary General of the Organization of African 
        Unity, and government officials from other appropriate 
        countries in Africa, to discuss expanding trade and investment 
        relations between the United States and sub-Saharan Africa and 
        the implementation of this Act including encouraging joint 
        ventures between small and large businesses.
            (2)(A) The President, in consultation with the Congress, 
        shall encourage United States nongovernmental organizations to 
        host annual meetings with nongovernmental organizations from 
        sub-Saharan Africa in conjunction with the annual meetings of 
        the Forum for the purpose of discussing the issues described in 
        paragraph (1).
            (B) The President, in consultation with the Congress, shall 
        encourage United States representatives of the private sector 
        to host annual meetings with representatives of the private 
        sector from sub-Saharan Africa in conjunction with the annual 
        meetings of the Forum for the purpose of discussing the issues 
        described in paragraph (1).
            (3) The President shall, to the extent practicable, meet 
        with the heads of governments of sub-Saharan African countries 
        eligible under section 4 not less than once every 2 years for 
        the purpose of discussing the issues described in paragraph 
        (1). The first such meeting should take place not later than 
        twelve months after the date of the enactment of this Act.
    (d) Dissemination of Information by USIA.--In order to assist in 
carrying out the purposes of the Forum, the United States Information 
Agency shall disseminate regularly, through multiple media, economic 
information in support of the free market economic reforms described in 
this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (f) Limitation on Use of Funds.--None of the funds authorized under 
this section may be used to create or support any nongovernmental 
organization for the purpose of expanding or facilitating trade between 
the United States and sub-Saharan Africa.

SEC. 6. UNITED STATES-SUB-SAHARAN AFRICA FREE TRADE AREA.

    (a) Declaration of Policy.--The Congress declares that a United 
States-Sub-Saharan Africa Free Trade Area should be established, or 
free trade agreements should be entered into, in order to serve as the 
catalyst for increasing trade between the United States and sub-Saharan 
Africa and increasing private sector development in sub-Saharan Africa.
    (b) Plan Requirement.--
            (1) In general.--The President, taking into account the 
        provisions of the treaty establishing the African Economic 
        Community and the willingness of the governments of sub-Saharan 
        African countries to engage in negotiations to enter into free 
        trade agreements, shall develop a plan for the purpose of 
        entering into one or more trade agreements with sub-Saharan 
        African countries eligible under section 4 in order to 
        establish a United States-Sub-Saharan Africa Free Trade Area 
        (hereafter in this section referred to as the ``Free Trade 
        Area'').
            (2) Elements of plan.--The plan shall include the 
        following:
                    (A) The specific objectives of the United States 
                with respect to the establishment of the Free Trade 
                Area and a suggested timetable for achieving those 
                objectives.
                    (B) The benefits to both the United States and sub-
                Saharan Africa with respect to the Free Trade Area.
                    (C) A mutually agreed-upon timetable for 
                establishing the Free Trade Area.
                    (D) The implications for and the role of regional 
                and sub-regional organizations in sub-Saharan Africa 
                with respect to the Free Trade Area.
                    (E) Subject matter anticipated to be covered by the 
                agreement for establishing the Free Trade Area and 
                United States laws, programs, and policies, as well as 
                the laws of participating eligible African countries 
                and existing bilateral and multilateral and economic 
                cooperation and trade agreements, that may be affected 
                by the agreement or agreements.
                    (F) Procedures to ensure the following:
                            (i) Adequate consultation with the Congress 
                        and the private sector during the negotiation 
                        of the agreement or agreements for establishing 
                        the Free Trade Area.
                            (ii) Consultation with the Congress 
                        regarding all matters relating to 
                        implementation of the agreement or agreements.
                            (iii) Approval by the Congress of the 
                        agreement or agreements.
                            (iv) Adequate consultations with the 
                        relevant African governments and African 
                        regional and subregional intergovernmental 
                        organizations during the negotiations of the 
                        agreement or agreements.
    (c) Reporting Requirement.--Not later than 12 months after the date 
of the enactment of this Act, the President shall prepare and transmit 
to the Congress a report containing the plan developed pursuant to 
subsection (b).

SEC. 7. ELIMINATING TRADE BARRIERS AND ENCOURAGING EXPORTS.

    (a) Findings.--The Congress makes the following findings:
            (1) The lack of competitiveness of sub-Saharan Africa in 
        the global market, especially in the manufacturing sector, make 
        it a limited threat to market disruption and no threat to 
        United States jobs.
            (2) Annual textile and apparel exports to the United States 
        from sub-Saharan Africa represent less than 1 percent of all 
        textile and apparel exports to the United States, which totaled 
        $54,001,863,000 in 1997.
            (3) Sub-Saharan Africa has limited textile manufacturing 
        capacity. During 1999 and the succeeding 4 years, this limited 
        capacity to manufacture textiles and apparel is projected to 
        grow at a modest rate. Given this limited capacity to export 
        textiles and apparel, it will be very difficult for these 
        exports from sub-Saharan Africa, during 1999 and the succeeding 
        9 years, to exceed 3 percent annually of total imports of 
        textile and apparel to the United States. If these exports from 
        sub-Saharan Africa remain around 3 percent of total imports, 
        they will not represent a threat to United States workers, 
        consumers, or manufacturers.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) it would be to the mutual benefit of the countries in 
        sub-Saharan Africa and the United States to ensure that the 
        commitments of the World Trade Organization and associated 
        agreements are faithfully implemented in each of the member 
        countries, so as to lay the groundwork for sustained growth in 
        textile and apparel exports and trade under agreed rules and 
        disciplines;
            (2) reform of trade policies in sub-Saharan Africa with the 
        objective of removing structural impediments to trade, 
        consistent with obligations under the World Trade Organization, 
        can assist the countries of the region in achieving greater and 
        greater diversification of textile and apparel export 
        commodities and products and export markets; and
            (3) the President should support textile and apparel trade 
        reform in sub-Saharan Africa by, among other measures, 
        providing technical assistance, sharing of information to 
        expand basic knowledge of how to trade with the United States, 
        and encouraging business-to-business contacts with the region.
    (c) 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 exports to the United 
        States--
                    (A) from Kenya within 30 days after that country 
                adopts an efficient visa system to guard against 
                unlawful transshipment of textile and apparel goods and 
                the use of counterfeit documents; and
                    (B) from Mauritius within 30 days after that 
                country adopts such a visa system.
        The Customs Service shall provide the necessary technical 
        assistance to Kenya and Mauritius in the development and 
        implementation of those visa systems.
            (2) Other sub-saharan countries.--The President shall 
        continue the existing no quota policy for countries in sub-
        Saharan Africa. The President shall submit to the Congress, not 
        later than March 31 of each year, a report on the growth in 
        textiles and apparel exports to the United States from 
        countries in sub-Saharan Africa in order to protect United 
        States consumers, workers, and textile manufacturers from 
        economic injury on account of the no quota policy.
    (d) Customs Procedures and Enforcement.--
            (1) Actions by countries against transshipment and 
        circumvention.--The President should ensure that any country in 
        sub-Saharan Africa that intends to export textile and apparel 
        goods to the United States--
                    (A) has in place a functioning and effective visa 
                system and domestic laws and enforcement procedures 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, as provided in Article 5 of the 
                Agreement on Textiles and Clothing.
            (2) Penalties against exporters.--If the President 
        determines, based on sufficient evidence, that an exporter has 
        willfully falsified information regarding the country of 
        origin, manufacture, processing, or assembly of a textile or 
        apparel article for which duty-free treatment under section 
        503(a)(1)(C) of the Trade Act of 1974 is claimed, then the 
        President shall deny to such exporter, and any successors of 
        such exporter, for a period of 2 years, duty-free treatment 
        under such section for textile and apparel articles.
            (3) 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 from Sub-Saharan countries.
            (4) Monitoring and reports to the congress.--The Customs 
        Service shall monitor and the Commissioner of Customs shall 
        submit to the Congress, not later than March 31 of each year, a 
        report on the effectiveness of the visa systems described in 
        subsection (c)(1) and paragraph (1) of this subsection and on 
        measures taken by countries in Sub-Saharan Africa which export 
        textiles or apparel to the United States to prevent 
        circumvention as described in Article 5 of the Agreement on 
        Textiles and Clothing.
    (e) Definition.--For purposes of 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. 8. 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.--
                The President may provide duty-free treatment for any 
                article set forth in paragraph (1) of subsection (b) 
                that is the growth, product, or manufacture of an 
                eligible country in sub-Saharan Africa that is a 
                beneficiary developing country, 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 imports from eligible countries in sub-
                Saharan Africa. This subparagraph shall not affect the 
                designation of eligible articles under subparagraph 
                (B).''.
    (b) Rules of Origin.--Section 503(a)(2) of the Trade Act of 1974 
(19 U.S.C. 2463(a)(2)) is amended by adding at the end the following:
                    ``(C) Eligible countries in sub-saharan africa.--
                For purposes of determining the percentage referred to 
                in subparagraph (A) in the case of an article of an 
                eligible country in sub-Saharan Africa that is a 
                beneficiary developing country--
                            ``(i) if the cost or value of materials 
                        produced in the customs territory of the United 
                        States is included with respect to that 
                        article, an amount not to exceed 15 percent of 
                        the appraised value of the article at the time 
                        it is entered that is attributed to such United 
                        States cost or value may be applied toward 
                        determining the percentage referred to in 
                        subparagraph (A); and
                            ``(ii) the cost or value of the materials 
                        included with respect to that article that are 
                        produced in any beneficiary developing country 
                        that is an eligible country in sub-Saharan 
                        Africa shall be applied in determining such 
                        percentage.''.
    (c) Waiver of Competitive Need Limitation.--Section 503(c)(2)(D) of 
the Trade Act of 1974 (19 U.S.C. 2463(c)(2)(D)) is amended to read as 
follows:
                    ``(D) Least-developed beneficiary developing 
                countries and eligible countries in sub-saharan 
                africa.--Subparagraph (A) shall not apply to any least-
                developed beneficiary developing country or any 
                eligible country in sub-Saharan Africa.''.
    (d) Extension of Program.--Section 505 of the Trade Act of 1974 (19 
U.S.C. 2465) is amended to read as follows:

``SEC. 505. DATE OF TERMINATION.

    ``(a) Countries in Sub-Saharan Africa.--No duty-free treatment 
provided under this title shall remain in effect after June 30, 2009, 
with respect to beneficiary developing countries that are eligible 
countries in sub-Saharan Africa.
    ``(b) Other Countries.--No duty-free treatment provided under this 
title shall remain in effect after June 30, 1999, with respect to 
beneficiary developing countries other than those provided for in 
subsection (a).''.
    (e) Definition.--Section 507 of the Trade Act of 1974 (19 U.S.C. 
2467) is amended by adding at the end the following:
            ``(6) Eligible country in sub-saharan africa.--The terms 
        `eligible country in sub-Saharan Africa' and `eligible 
        countries in sub-Saharan Africa' mean a country or countries 
        that the President has determined to be eligible under section 
        4 of the African Growth and Opportunity Act.''.
    (f) Effective Date.--The amendments made by this section take 
effect on July 1, 1999.

SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND DEBT REDUCTION.

    (a) Better Mechanisms To Further Goals for Sub-Saharan Africa.--It 
is the sense of the Congress that the Secretary of the Treasury should 
instruct the United States Executive Directors of the International 
Bank for Reconstruction and Development, the International Monetary 
Fund, and the African Development Bank to use the voice and votes of 
the Executive Directors to encourage vigorously their respective 
institutions to develop enhanced mechanisms which further the following 
goals in eligible countries in sub-Saharan Africa:
            (1) Strengthening and expanding the private sector, 
        especially among women-owned businesses.
            (2) Reducing tariffs, nontariff barriers, and other trade 
        obstacles, and increasing economic integration.
            (3) Supporting countries committed to accountable 
        government, economic reform, the eradication of poverty, and 
        the building of civil societies.
            (4) Supporting deep debt reduction at the earliest possible 
        date with the greatest amount of relief for eligible poorest 
        countries under the ``Heavily Indebted Poor Countries'' (HIPC) 
        debt initiative.
    (b) Sense of the Congress.--It is the sense of the Congress that 
relief provided to countries in sub-Saharan Africa which qualify for 
the Heavily Indebted Poor Countries debt initiative should primarily be 
made through grants rather than through extended-term debt, and that 
interim relief or interim financing should be provided for eligible 
countries that establish a strong record of macroeconomic reform.

SEC. 10. EXECUTIVE BRANCH INITIATIVES.

    (a) Statement of the Congress.--The Congress recognizes that the 
stated policy of the executive branch in 1997, the ``Partnership for 
Growth and Opportunity in Africa'' initiative, is a step toward the 
establishment of a comprehensive trade and development policy for sub-
Saharan Africa. It is the sense of the Congress that this Partnership 
is a companion to the policy goals set forth in this Act.
    (b) Technical Assistance To Promote Economic Reforms and 
Development.--In addition to continuing bilateral and multilateral 
economic and development assistance, the President shall target 
technical assistance toward--
            (1) developing relationships between United States firms 
        and firms in sub-Saharan Africa through a variety of business 
        associations and networks;
            (2) providing assistance to the governments of sub-Saharan 
        African countries to--
                    (A) liberalize trade and promote exports;
                    (B) bring their legal regimes into compliance with 
                the standards of the World Trade Organization in 
                conjunction with membership in that Organization;
                    (C) make financial and fiscal reforms; and
                    (D) promote greater agribusiness linkages;
            (3) addressing such critical agricultural policy issues as 
        market liberalization, agricultural export development, and 
        agribusiness investment in processing and transporting 
        agricultural commodities;
            (4) increasing the number of reverse trade missions to 
        growth-oriented countries in sub-Saharan Africa;
            (5) increasing trade in services; and
            (6) encouraging greater sub-Saharan participation in future 
        negotiations in the World Trade Organization on services and 
        making further commitments in their schedules to the General 
        Agreement on Trade in Services in order to encourage the 
        removal of tariff and nontariff barriers.

SEC. 11. SUB-SAHARAN AFRICA INFRASTRUCTURE FUND.

    (a) Initiation of Funds.--It is the sense of the Congress that the 
Overseas Private Investment Corporation should exercise the authorities 
it has to initiate an equity fund or equity funds in support of 
projects in the countries in sub-Saharan Africa, in addition to the 
existing equity fund for sub-Saharan Africa created by the Corporation.
    (b) Structure and Types of Funds.--
            (1) Structure.--Each fund initiated under subsection (a) 
        should 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 should 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) Infrastructure fund.--One or more of the funds, with 
        combined assets of up to $500,000,000, should be used in 
        support of infrastructure projects in countries of sub-Saharan 
        Africa.
            (4) Emphasis.--The Corporation shall ensure that the funds 
        are used to provide support in particular to women 
        entrepreneurs and to innovative investments that expand 
        opportunities for women and maximize employment opportunities 
        for poor individuals.

SEC. 12. OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
              INITIATIVES.

    (a) Overseas Private Investment Corporation.--
            (1) Advisory committee.--Section 233 of the Foreign 
        Assistance Act of 1961 is amended by adding at the end the 
        following:
    ``(e) Advisory Committee.--The Board shall take prompt measures to 
increase the loan, guarantee, and insurance programs, and financial 
commitments, of the Corporation in sub-Saharan Africa, including 
through the use of an advisory committee to assist the Board in 
developing and implementing policies, programs, and financial 
instruments with respect to sub-Saharan Africa. In addition, the 
advisory committee shall make recommendations to the Board on how the 
Corporation can facilitate greater support by the United States for 
trade and investment with and in sub-Saharan Africa. The advisory 
committee shall terminate 4 years after the date of the enactment of 
this subsection.''.
            (2) Reports to the congress.--Within 6 months after the 
        date of the enactment of this Act, and annually for each of the 
        4 years thereafter, the Board of Directors of the Overseas 
        Private Investment Corporation shall submit to the Congress a 
        report on the steps that the Board has taken to implement 
        section 233(e) of the Foreign Assistance Act of 1961 (as added 
        by paragraph (1)) and any recommendations of the advisory board 
        established pursuant to such section.
    (b) Export-Import Bank.--
            (1) Advisory committee for sub-saharan africa.--Section 
        2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) 
        is amended by inserting after paragraph (12) the following:
    ``(13)(A) The Board of Directors of the Bank shall take prompt 
measures, consistent with the credit standards otherwise required by 
law, to promote the expansion of the Bank's financial commitments in 
sub-Saharan Africa under the loan, guarantee, and insurance programs of 
the Bank.
    ``(B)(i) The Board of Directors shall establish and use an advisory 
committee to advise the Board of Directors on the development and 
implementation of policies and programs designed to support the 
expansion described in subparagraph (A).
    ``(ii) The advisory committee shall make recommendations to the 
Board of Directors on how the Bank can facilitate greater support by 
United States commercial banks for trade with sub-Saharan Africa.
    ``(iii) The advisory committee shall terminate 4 years after the 
date of the enactment of this subparagraph.''.
            (2) Reports to the congress.--Within 6 months after the 
        date of the enactment of this Act, and annually for each of the 
        4 years thereafter, the Board of Directors of the Export-Import 
        Bank of the United States shall submit to the Congress a report 
        on the steps that the Board has taken to implement section 
        2(b)(13)(B) of the Export-Import Bank Act of 1945 (as added by 
        paragraph (1)) and any recommendations of the advisory 
        committee established pursuant to such section.

SEC. 13. ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR SUB-SAHARAN 
              AFRICA.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the position of Assistant United States Trade Representative for 
African Affairs is integral to the United States commitment to 
increasing United States--sub-Saharan African trade and investment.
    (b) Maintenance of Position.--The President shall maintain a 
position of Assistant United States Trade Representative for African 
Affairs within the Office of the United States Trade Representative to 
direct and coordinate interagency activities on United States-Africa 
trade policy and investment matters and serve as--
            (1) a primary point of contact in the executive branch for 
        those persons engaged in trade between the United States and 
        sub-Saharan Africa; and
            (2) the chief advisor to the United States Trade 
        Representative on issues of trade with Africa.
    (c) Funding and Staff.--The President shall ensure that the 
Assistant United States Trade Representative for African Affairs has 
adequate funding and staff to carry out the duties described in 
subsection (b), subject to the availability of appropriations.

SEC. 14. EXPANSION OF THE UNITED STATES AND FOREIGN COMMERCIAL SERVICE 
              IN SUB-SAHARAN AFRICA.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States and Foreign Commercial Service 
        (hereafter 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 1980s, the presence of the Commercial 
        Service in sub-Saharan Africa consisted of 14 professionals 
        providing services in eight countries. By early 1997, that 
        presence had been reduced by half to seven, in only four 
        countries.
            (3) Since 1997, the Department of Commerce has slowly begun 
        to increase the presence of the Commercial Service in sub-
        Saharan Africa, adding five 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) The Congress has, on several occasions, encouraged the 
        Commercial Service to focus its resources and efforts in 
        countries or regions in Europe or Asia to promote greater 
        United States export activity in those markets.
            (6) 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 ten different sub-Saharan African countries.
    (c) Commercial Service Initiative for Sub-Saharan Africa.--In order 
to encourage the export of United States goods and services to sub-
Saharan African countries, the Commercial Service shall make a special 
effort to--
            (1) identify United States goods and services which are not 
        being exported to sub-Saharan African countries but which are 
        being exported to those countries by competitor nations;
            (2) identify, where appropriate, trade barriers and 
        noncompetitive actions, including violations of intellectual 
        property rights, that are preventing or hindering sales of 
        United States goods and services to, or the operation of United 
        States companies in, sub-Saharan Africa;
            (3) present, periodically, a list of the goods and services 
        identified under paragraph (1), and any trade barriers or 
        noncompetitive actions identified under paragraph (2), to 
        appropriate authorities in sub-Saharan African countries with a 
        view to securing increased market access for United States 
        exporters of goods and services;
            (4) facilitate the entrance by United States businesses 
        into the markets identified under paragraphs (1) and (2); and
            (5) monitor and evaluate the results of efforts to increase 
        the sales of goods and services in such markets.
    (d) Reports to the Congress.--Not later than 1 year after the date 
of the 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 the Congress on actions taken to carry out subsections 
(b) and (c). 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;
            (2) the effectiveness of the presence of the additional 
        Commercial Service Officers in increasing United States exports 
        to sub-Saharan African countries; and
            (3) the specific actions taken by Commercial Service 
        Officers, both in sub-Saharan African countries and in the 
        United States, to carry out subsection (c), including 
        identifying a list of targeted export sectors and countries.

SEC. 15. REPORTING REQUIREMENT.

    The President shall submit to the Congress, not later than 1 year 
after the date of the enactment of this Act, and not later than the end 
of each of the next six 1-year periods thereafter, a comprehensive 
report on the trade and investment policy of the United States for sub-
Saharan Africa, and on the implementation of this Act. The last report 
required by section 134(b) of the Uruguay Round Agreements Act (19 
U.S.C. 3554(b)) shall be consolidated and submitted with the first 
report required by this section.

SEC. 16. DONATION OF AIR TRAFFIC CONTROL EQUIPMENT TO ELIGIBLE SUB-
              SAHARAN AFRICAN COUNTRIES.

    It is the sense of the Congress that, to the extent appropriate, 
the United States Government should make every effort to donate to 
governments of sub-Saharan African countries (determined to be eligible 
under section 4 of this Act) air traffic control equipment that is no 
longer in use, including appropriate related reimbursable technical 
assistance.

SEC. 17. ADDITIONAL AUTHORITIES AND INCREASED FLEXIBILITY TO PROVIDE 
              ASSISTANCE UNDER THE DEVELOPMENT FUND FOR AFRICA.

    (a) Use of Sustainable Development Assistance To Support Further 
Economic Growth.--It is the sense of the Congress that sustained 
economic growth in sub-Saharan Africa depends in large measure upon the 
development of a receptive environment for trade and investment, and 
that to achieve this objective the United States Agency for 
International Development should continue to support programs which 
help to create this environment. Investments in human resources, 
development, and implementation of free market policies, including 
policies to liberalize agricultural markets and improve food security, 
and the support for the rule of law and democratic governance should 
continue to be encouraged and enhanced on a bilateral and regional 
basis.
    (b) Declarations of Policy.--The Congress makes the following 
declarations:
            (1) The Development Fund for Africa established under 
        chapter 10 of part I of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2293 et seq.) has been an effective tool in providing 
        development assistance to sub-Saharan Africa since 1988.
            (2) The Development Fund for Africa will complement the 
        other provisions of this Act and lay a foundation for increased 
        trade and investment opportunities between the United States 
        and sub-Saharan Africa.
            (3) Assistance provided through the Development Fund for 
        Africa will continue to support programs and activities that 
        promote the long term economic development of sub-Saharan 
        Africa, such as programs and activities relating to the 
        following:
                    (A) Strengthening primary and vocational education 
                systems, especially the acquisition of middle-level 
                technical skills for operating modern private 
                businesses and the introduction of college level 
                business education, including the study of 
                international business, finance, and stock exchanges.
                    (B) Strengthening health care systems.
                    (C) Supporting democratization, good governance and 
                civil society and conflict resolution efforts.
                    (D) Increasing food security by promoting the 
                expansion of agricultural and agriculture-based 
                industrial production and productivity and increasing 
                real incomes for poor individuals.
                    (E) Promoting an enabling environment for private 
                sector-led growth through sustained economic reform, 
                privatization programs, and market-led economic 
                activities.
                    (F) Promoting decentralization and local 
                participation in the development process, especially 
                linking the rural production sectors and the industrial 
                and market centers throughout Africa.
                    (G) Increasing the technical and managerial 
                capacity of sub-Saharan African individuals to manage 
                the economy of sub-Saharan Africa.
                    (H) Ensuring sustainable economic growth through 
                environmental protection.
            (4) The African Development Foundation has a unique 
        congressional mandate to empower the poor to participate fully 
        in development and to increase opportunities for gainful 
        employment, poverty alleviation, and more equitable income 
        distribution in sub-Saharan Africa. The African Development 
        Foundation has worked successfully to enhance the role of women 
        as agents of change, strengthen the informal sector with an 
        emphasis on supporting micro and small sized enterprises, 
        indigenous technologies, and mobilizing local financing. The 
        African Development Foundation should develop and implement 
        strategies for promoting participation in the socioeconomic 
        development process of grassroots and informal sector groups 
        such as nongovernmental organizations, cooperatives, artisans, 
        and traders into the programs and initiatives established under 
        this Act.
    (c) Additional Authorities.--
            (1) In general.--Section 496(h) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2293(h)) is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Democratization and conflict resolution 
        capabilities.--Assistance under this section may also include 
        program assistance--
                    ``(A) to promote democratization, good governance, 
                and strong civil societies in sub-Saharan Africa; and
                    ``(B) to strengthen conflict resolution 
                capabilities of governmental, intergovernmental, and 
                nongovernmental entities in sub-Saharan Africa.''.
            (2) Conforming amendment.--Section 496(h)(4) of such Act, 
        as amended by paragraph (1), is further amended by striking 
        ``paragraphs (1) and (2)'' in the first sentence and inserting 
        ``paragraphs (1), (2), and (3)''.

SEC. 18. ASSISTANCE FROM UNITED STATES PRIVATE SECTOR TO PREVENT AND 
              REDUCE HIV/AIDS IN SUB-SAHARAN AFRICA.

    It is the sense of the Congress that United States businesses 
should be encouraged to provide assistance to sub-Saharan African 
countries to prevent and reduce the incidence of HIV/AIDS in sub-
Saharan Africa. In providing such assistance, United States businesses 
should be encouraged to consider the establishment of an HIV/AIDS 
Response Fund in order to provide for coordination among such 
businesses in the collection and distribution of the assistance to sub-
Saharan African countries.

SEC. 19. SENSE OF THE CONGRESS RELATING TO HIV/AIDS CRISIS IN SUB-
              SAHARAN AFRICA.

    (a) Findings.--The Congress finds the following:
            (1) Sustained economic development in sub-Saharan Africa 
        depends in large measure upon successful trade with and foreign 
        assistance to the countries of sub-Saharan Africa.
            (2) The HIV/AIDS crisis has reached epidemic proportions in 
        sub-Saharan Africa, where more than 21,000,000 men, women, and 
        children are infected with HIV.
            (3) 83 percent of the estimated 11,700,000 deaths from HIV/
        AIDS worldwide have been in sub-Saharan Africa.
            (4) The HIV/AIDS crisis in sub-Saharan Africa is weakening 
        the structure of families and societies.
            (5)(A) The HIV/AIDS crisis threatens the future of the 
        workforce in sub-Saharan Africa.
            (B) Studies show that HIV/AIDS in sub-Saharan Africa most 
        severely affects individuals between the ages of 15 and 49--the 
        age group that provides the most support for the economies of 
        sub-Saharan African countries.
            (6) Clear evidence demonstrates that HIV/AIDS is 
        destructive to the economies of sub-Saharan African countries.
            (7) Sustained economic development is critical to creating 
        the public and private sector resources in sub-Saharan Africa 
        necessary to fight the HIV/AIDS epidemic.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) addressing the HIV/AIDS crisis in sub-Saharan Africa 
        should be a central component of United States foreign policy 
        with respect to sub-Saharan Africa;
            (2) significant progress needs to be made in preventing and 
        treating HIV/AIDS in sub-Saharan Africa in order to sustain a 
        mutually beneficial trade relationship between the United 
        States and sub-Saharan African countries; and
            (3) the HIV/AIDS crisis in sub-Saharan Africa is a global 
        threat that merits further attention through greatly expanded 
        public, private, and joint public-private efforts, and through 
        appropriate United States legislation.

SEC. 20. SUB-SAHARAN AFRICA DEFINED.

    For purposes of this Act, the terms ``sub-Saharan Africa'', ``sub-
Saharan African country'', ``country in sub-Saharan Africa'', and 
``countries in sub-Saharan Africa'' refer to the following or any 
successor political entities:
            Republic of Angola (Angola).
            Republic of Botswana (Botswana).
            Republic of Burundi (Burundi).
            Republic of Cape Verde (Cape Verde).
            Republic of Chad (Chad).
            Democratic Republic of Congo.
            Republic of the Congo (Congo).
            Republic of Djibouti (Djibouti).
            State of Eritrea (Eritrea).
            Gabonese Republic (Gabon).
            Republic of Ghana (Ghana).
            Republic of Guinea-Bissau (Guinea-Bissau).
            Kingdom of Lesotho (Lesotho).
            Republic of Madagascar (Madagascar).
            Republic of Mali (Mali).
            Republic of Mauritius (Mauritius).
            Republic of Namibia (Namibia).
            Federal Republic of Nigeria (Nigeria).
            Democratic Republic of Sao Tome and Principe (Sao Tome and 
        Principe).
            Republic of Sierra Leone (Sierra Leone).
            Somalia.
            Kingdom of Swaziland (Swaziland).
            Republic of Togo (Togo).
            Republic of Zimbabwe (Zimbabwe).
            Republic of Benin (Benin).
            Burkina Faso (Burkina).
            Republic of Cameroon (Cameroon).
            Central African Republic.
            Federal Islamic Republic of the Comoros (Comoros).
            Republic of Cote d'Ivoire (Cote d'Ivoire).
            Republic of Equatorial Guinea (Equatorial Guinea).
            Ethiopia.
            Republic of the Gambia (Gambia).
            Republic of Guinea (Guinea).
            Republic of Kenya (Kenya).
            Republic of Liberia (Liberia).
            Republic of Malawi (Malawi).
            Islamic Republic of Mauritania (Mauritania).
            Republic of Mozambique (Mozambique).
            Republic of Niger (Niger).
            Republic of Rwanda (Rwanda).
            Republic of Senegal (Senegal).
            Republic of Seychelles (Seychelles).
            Republic of South Africa (South Africa).
            Republic of Sudan (Sudan).
            United Republic of Tanzania (Tanzania).
            Republic of Uganda (Uganda).
            Republic of Zambia (Zambia).

SEC. 21. LIMITATION ON USE OF NON-ACCRUAL EXPERIENCE METHOD OF 
              ACCOUNTING.

    (a) In General.--Section 448(d)(5) of the Internal Revenue Code of 
1986 (relating to special rule for services) is amended--
            (1) by inserting ``in fields described in paragraph 
        (2)(A)'' after ``services by such person''; and
            (2) by inserting ``certain personal'' before ``services'' 
        in the heading.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxable years ending after the date of the enactment 
        of this Act.
            (2) Change in method of accounting.--In the case of any 
        taxpayer required by the amendments made by this section to 
        change its method of accounting for its first taxable year 
        ending after the date of the enactment of this Act--
                    (A) such change shall be treated as initiated by 
                the taxpayer;
                    (B) such change shall be treated as made with the 
                consent of the Secretary of the Treasury; and
                    (C) the net amount of the adjustments required to 
                be taken into account by the taxpayer under section 481 
                of the Internal Revenue Code of 1986 shall be taken 
                into account over a period (not greater than 4 taxable 
                years) beginning with such first taxable year.

SEC. 22. INCLUSION OF CERTAIN VACCINES AGAINST STREPTOCOCCUS PNEUMONIAE 
              TO LIST OF TAXABLE VACCINES.

    (a) In General.--Section 4132(a)(1) of the Internal Revenue Code of 
1986 (defining taxable vaccine) is amended by adding at the end the 
following new subparagraph:
                    ``(L) Any conjugate vaccine against streptococcus 
                pneumoniae.''
    (b) Effective Date.--
            (1) Sales.--The amendment made by this section shall apply 
        to vaccine sales beginning on the day after the date on which 
        the Centers for Disease Control makes a final recommendation 
        for routine administration to children of any conjugate vaccine 
        against streptococcus pneumoniae.
            (2) Deliveries.--For purposes of paragraph (1), in the case 
        of sales on or before the date described in such paragraph for 
        which delivery is made after such date, the delivery date shall 
        be considered the sale date.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit a report to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate on the 
operation of the Vaccine Injury Compensation Trust Fund and on the 
adequacy of such Fund to meet future claims made under the Vaccine 
Injury Compensation Program.

            Passed the House of Representatives July 16, 1999.

            Attest:

                                                                 Clerk.