[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>