[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 226 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 226

  To promote democracy and good governance in Nigeria, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Feingold introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To promote democracy and good governance in Nigeria, and for other 
                               purposes.

    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 ``Nigerian Democracy and Civil Society 
Empowerment Act of 1999''.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) The rule by successive military regimes in Nigeria has 
        harmed the lives of the people of Nigeria, undermined 
        confidence in the Nigerian economy, damaged relations between 
        Nigeria and the United States, and threatened the political and 
        economic stability of West Africa.
            (2) The current military regime, under the leadership of 
        Gen. Abdusalami Abubakar, has made significant progress in 
        liberalizing the political environment in Nigeria, including 
        the release of many political prisoners, increased respect for 
        freedom of assembly, expression and association, and the 
        establishment of a timeframe for a transition to civilian rule.
            (3) Previous military regimes allowed Nigeria to become a 
        haven for international drug trafficking rings and other 
        criminal organizations, although the current government has 
        taken some steps to cooperate with the United States Government 
        in halting such trafficking.
            (4) Since 1993, the United States and other members of the 
        international community have imposed limited sanctions against 
        Nigeria in response to human rights violations and political 
        repression, although some of these sanctions have been lifted 
        in response to recent political liberalization.
            (5) Despite the progress made in protecting certain 
        freedoms, numerous decrees are still in force that suspend the 
        constitutional protection of fundamental human rights, allow 
        indefinite detention without charge, and revoke the 
        jurisdiction of civilian courts over executive actions.
            (6) As a party to the International Covenant on Civil and 
        Political Rights (ICCPR) and the African Charter on Human and 
        Peoples' Rights, and a signatory to the Harare Commonwealth 
        Declaration, Nigeria is obligated to fairly conduct elections 
        that guarantee the free expression of the will of the electors.
            (7) As the leading military force within the Economic 
        Community of West African States (ECOWAS) peacekeeping force, 
        Nigeria has played a major role in attempting to secure peace 
        in Liberia and Sierra Leone.
            (8) Despite the optimism expressed by many observers about 
        the progress that has been made in Nigeria, the country's 
        recent history raises serious questions about the potential 
        success of the transition process. In particular, events in the 
        Niger Delta over the New Year underscore the critical need for 
        ongoing monitoring of the situation and indicate that a return 
        by the military to repressive methods is still a possibility.
    (b) Declaration of Policy.--Congress declares that the United 
States should encourage political, economic, and legal reforms 
necessary to ensure rule of law and respect for human rights in Nigeria 
and support a timely, effective, and sustainable transition to 
democratic, civilian government in Nigeria.

SEC. 3. SENSE OF CONGRESS.

    (a) International Cooperation.--It is the sense of Congress that 
the President should actively seek to coordinate with other countries 
to further--
            (1) the United States policy of promoting the rule of law 
        and respect for human rights; and
            (2) the transition to democratic civilian government.
    (b) United Nations Human Rights Commission.--It is the sense of 
Congress that, in light of the importance of Nigeria to the region and 
the severity of successive military regimes, the President should 
instruct the United States Representative to the United Nations 
Commission on Human Rights (UNCHR) to use the voice and vote of the 
United States at the annual meeting of the Commission--
            (1) to condemn human rights abuses in Nigeria, as 
        appropriate, while recognizing the progress that has been made; 
        and
            (2) to press for the continued renewal of the mandate of, 
        and continued access to Nigeria for, the special rapporteur on 
        Nigeria.

SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN NIGERIA.

    (a) Development Assistance.--
            (1) In general.--Of the amounts made available for fiscal 
        years 2000, 2001, and 2002 to carry out chapter 1 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
        not less than $10,000,000 for fiscal year 2000, not less than 
        $12,000,000 for fiscal year 2001, and not less than $15,000,000 
        for fiscal year 2002 should be available for assistance 
        described in paragraph (2) for Nigeria.
            (2) Assistance described.--
                    (A) In general.--The assistance described in this 
                paragraph is assistance provided to nongovernmental 
                organizations for the purpose of promoting democracy, 
                good governance, and the rule of law in Nigeria.
                    (B) Additional requirement.--In providing 
                assistance under this subsection, the Administrator of 
                the United States Agency for International Development 
                shall ensure that nongovernmental organizations 
                receiving such assistance represent a broad cross-
                section of society in Nigeria and seek to promote 
                democracy, human rights, and accountable government.
            (3) Grants for promotion of human rights.--Of the amounts 
        made available for fiscal years 2000, 2001, and 2002 under 
        paragraph (1), not less than $500,000 for each such fiscal 
year should be available to the United States Agency for International 
Development for the purpose of providing grants of not more than 
$25,000 each to support individuals or nongovernmental organizations 
that seek to promote, directly or indirectly, the advancement of human 
rights in Nigeria.
    (b) USIA Information Assistance.--Of the amounts made available for 
fiscal years 2000, 2001, and 2002 under subsection (a)(1), not less 
than $1,000,000 for fiscal year 2000, $1,500,000 for fiscal year 2001, 
and $2,000,000 for fiscal year 2002 should be made available to the 
United States Information Agency for the purpose of supporting its 
activities in Nigeria, including the promotion of greater awareness 
among Nigerians of constitutional democracy, the rule of law, and 
respect for human rights.
    (c) Staff Levels and Assignments of United States Personnel in 
Nigeria.--
            (1) Finding.--Congress finds that staff levels at the 
        office of the United States Agency for International 
        Development in Lagos, Nigeria, are inadequate.
            (2) Sense of congress.--It is the sense of Congress that 
        the Administrator of the United States Agency for International 
        Development should--
                    (A) increase the number of United States personnel 
                at such Agency's office in Lagos, Nigeria, from within 
                the current, overall staff resources of such Agency in 
                order for such office to be sufficiently staffed to 
                carry out subsection (a); and
                    (B) consider placement of personnel elsewhere in 
                Nigeria.

SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE GOVERNMENT OF 
              NIGERIA; PROHIBITION ON MILITARY ASSISTANCE FOR NIGERIA; 
              REQUIREMENT TO OPPOSE MULTILATERAL ASSISTANCE FOR 
              NIGERIA.

    (a) Prohibition on Economic Assistance.--
            (1) In general.--Economic assistance (including funds 
        previously appropriated for economic assistance) shall not be 
        provided to the Government of Nigeria.
            (2) Economic assistance defined.--As used in this 
        subsection, the term ``economic assistance''--
                    (A) means--
                            (i) any assistance under part I of the 
                        Foreign Assistance Act of 1961 (22 U.S.C. 2151 
                        et seq.) and any assistance under chapter 4 of 
                        part II of such Act (22 U.S.C. 2346 et seq.) 
                        (relating to economic support fund); and
                            (ii) any financing by the Export-Import 
                        Bank of the United States, financing and 
                        assistance by the Overseas Private Investment 
                        Corporation, and assistance by the Trade and 
                        Development Agency; and
                    (B) does not include disaster relief assistance, 
                refugee assistance, or narcotics control assistance 
                under chapter 8 of part I of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2291 et seq.).
    (b) Prohibition on Military Assistance or Arms Transfers.--
            (1) In general.--Military assistance (including funds 
        previously appropriated for military assistance) or arms 
        transfers shall not be provided to Nigeria.
            (2) Military assistance or arms transfers.--The term 
        ``military assistance or arms transfers'' means--
                    (A) assistance under chapter 2 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) 
                (relating to military assistance), including the 
                transfer of excess defense articles under section 516 
                of that Act (22 U.S.C. 2321j);
                    (B) assistance under chapter 5 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 
                (relating to international military education and 
                training);
                    (C) assistance under the ``Foreign Military 
                Financing Program'' under section 23 of the Arms Export 
                Control Act (22 U.S.C. 2763); or
                    (D) the transfer of defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.), 
                including defense articles and defense services 
                licensed or approved for export under section 38 of 
                that Act (22 U.S.C. 2778).
    (c) Requirement To Oppose Multilateral Assistance.--
            (1) In general.--The Secretary of the Treasury shall 
        instruct the United States executive director to each of the 
        international financial institutions described in paragraph (2) 
        to use the voice and vote of the United States to oppose any 
assistance to the Government of Nigeria.
            (2) International financial institutions described.--The 
        international financial institutions described in this 
        paragraph are the African Development Bank, the International 
        Bank for Reconstruction and Development, the International 
        Development Association, the International Finance Corporation, 
        the Multilateral Investment Guaranty Agency, and the 
        International Monetary Fund.

SEC. 6. SENSE OF CONGRESS REGARDING ADMISSION INTO THE UNITED STATES OF 
              CERTAIN NIGERIAN NATIONALS.

    It is the sense of Congress that unless the President determines 
and certifies to the appropriate congressional committees by July 1, 
1999, that a democratic transition to civilian rule has taken place in 
Nigeria, the Secretary of State should deny a visa to any alien who is 
a senior member of the Nigerian government or a military officer 
currently in the armed forces of Nigeria.

SEC. 7. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN REQUIREMENTS 
              MET.

    (a) In General.--The President may waive any of the prohibitions 
contained in section 5 or 6 for any fiscal year if the President makes 
a determination under subsection (b) for that fiscal year and transmits 
a notification to Congress of that determination under subsection (c).
    (b) Presidential Determination Required.--A determination under 
this subsection is a determination that--
            (1) the Government of Nigeria--
                    (A) is not harassing or imprisoning human rights 
                and democracy advocates and individuals for expressing 
                their political views;
                    (B) has implemented the transition program 
                announced in July 1998;
                    (C) is respecting freedom of speech, assembly, and 
                the media, including cessation of harassment of 
                journalists;
                    (D) has released the remaining individuals who have 
                been imprisoned without due process or for political 
                reasons;
                    (E) is continuing to provide access for independent 
                international human rights monitors;
                    (F) has repealed all decrees and laws that--
                            (i) grant undue powers to the military;
                            (ii) suspend the constitutional protection 
                        of fundamental human rights;
                            (iii) allow indefinite detention without 
                        charge, including the State of Security 
                        (Detention of Persons) Decree No. 2 of 1984; or
                            (iv) create special tribunals that do not 
                        respect international standards of due process; 
                        and
                    (G) has ensured that the policing of the oil 
                producing communities is carried out without excessive 
                use of force or systematic and widespread human rights 
                violations against the civilian population of the area; 
                or
            (2) it is in the national interests of the United States to 
        waive the prohibition in section 5 or 6, as the case may be.
    (c) Congressional Notification.--Notification under this subsection 
is written notification of the determination of the President under 
subsection (b) provided to the appropriate congressional committees not 
less than 15 days in advance of any waiver of any prohibition in 
section 5 or 6, subject to the procedures applicable to reprogramming 
notifications under section 634A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2394-1).

SEC. 8. REPORT OF CORRUPTION IN NIGERIA.

    Not later than 3 months after the date of the enactment of this 
Act, and annually for the next 5 years thereafter, the Secretary of 
State shall prepare and submit to the appropriate congressional 
committees, and make available to the public, a report on corruption in 
Nigeria. This report shall include--
            (1) evidence of corruption by government officials in 
        Nigeria;
            (2) the impact of corruption on the delivery of government 
        services in Nigeria;
            (3) the impact of corruption on United States business 
        interests in Nigeria;
            (4) the impact of advance fee fraud, and other fraudulent 
        business schemes originating in Nigeria, on United States 
        citizens; and
            (5) the impact of corruption on Nigeria's foreign policy.

SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    Except as provided in section 6, in this Act, the term 
``appropriate congressional committees'' means--
            (1) the Committee on International Relations of the House 
        of Representatives;
            (2) the Committee on Foreign Relations of the Senate; and
            (3) the Committees on Appropriations of the House of 
        Representatives and the Senate.

SEC. 10. TERMINATION DATE.

    The provisions of this Act shall terminate on September 30, 2004.
                                 <all>