[Congressional Record Volume 144, Number 65 (Wednesday, May 20, 1998)]
[Senate]
[Pages S5229-S5232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    By Mr. FEINGOLD (for himself, Mr. Jeffords, Mr. Leahy, and Mr. 
                              Wellstone):

  S. 2102. A bill to promote democracy and good governance in Nigeria, 
and for other purposes; to the Committee on Foreign Relations.


          nigeria democracy and civil society empowerment act

 Mr. FEINGOLD. Mr. President, I introduce a sorely needed piece 
of foreign policy legislation, the Nigeria Democracy and Civil Society 
Empowerment Act of 1998. As the Ranking Democrat of the Senate 
Subcommittee on Africa, I have long been concerned about the collapsing 
economic and political situation in Nigeria. Nigeria, with its rich 
history, abundant natural resources and wonderful cultural diversity, 
has the potential to be an important regional leader. But, sadly, it 
has squandered that potential and the good will of the world with 
repressive policies, human rights abuses and corruption.
  The legislation I am introducing today provides a clear framework for 
U.S. policy toward that troubled West African nation. The Nigeria 
Democracy and Civil Society Empowerment Act declares that the United 
States should encourage the political, economic and legal reforms 
necessary to ensure the rule of law and respect for human rights in 
Nigeria and should aggressively support a timely and effective 
transition to democratic, civilian government for the people of 
Nigeria. I am pleased to have Senators Jeffords, Leahy and Wellstone 
join me as cosponsors of this legislation.
  This bill draws heavily from legislation introduced in the 104th 
Congress by the former chair of the Senate Subcommittee on Africa, 
Senator Kassebaum. I joined 21 other Senators as a proud co-sponsor of 
that bill. A companion measure to my bill was introduced earlier this 
week in the House by the distinguished chair of the House International 
Relations Committee, Mr. Gilman of New York, and a distinguished member 
of that Committee and of the Congressional Black Caucus, Mr. Payne of 
New Jersey. I commend both of my House colleagues for their strong 
leadership on this important issue and I appreciate the opportunity to 
work with them toward passage of this legislation and the broader goal 
of a freer Nigeria.
  Mr. President, the Nigeria Democracy and Civil Society Empowerment 
Act provides by law for many of the sanctions that the United States 
has had in place against Nigeria for a number of years. It includes a 
ban on most foreign direct assistance, a ban on the sale of military 
goods and military assistance to Nigeria, and a ban on visas for top 
Nigerian officials. It would allow the President to lift any of these 
sanctions if he is able to certify to the Congress that specific 
conditions, which I will call ``benchmarks,'' regarding the transition 
to democracy have taken place in Nigeria. These benchmarks include free 
and fair democratic elections, the release of political prisoners, 
freedom of the press, the establishment of a functioning independent 
electoral commission, access for international human rights monitors 
and the repeal of the many repressive decrees the Abacha regime has 
pressed upon the Nigerian people.
  This legislation also provides for $37 million in development 
assistance over three years to support democracy and governance 
programs and the activities of the U.S. Information Agency, and 
mandates a larger presence for the U.S. Agency for International 
Development. I want to emphasize that this bill authorizes no new 
money. All of these funds would come out of existing USAID and USIA 
appropriations. At the same time, the bill prohibits any U.S. resources 
from being used to support an electoral process in Nigeria until it is 
clear that any planned election will be free and legitimate.
  Importantly, my bill requires the President to impose additional 
sanctions at the beginning of 1999 if he cannot certify that a free and 
fair election has taken place by the end of 1998. These new sanctions, 
will include a ban on Nigerian participation in major international 
sporting events, an expansion of visa restrictions on Nigerian 
officials and the submission of a report that lists the senior 
officials that fall under such restrictions.
  Finally, the bill requires the Secretary of State to submit a report 
on corruption in Nigeria, including the evidence of corruption by 
government officials in Nigeria and the impact of corruption on the 
delivery of government services in Nigeria, on U.s. business interests 
in Nigeria, and on Nigeria's foreign policy. It would also require that 
the Secretary's report include information on the impact on U.S. 
citizens of advance fee fraud and other fraudulent business schemes 
originating in Nigeria.
  The intent of this legislation is two-fold. First, it will send an 
unequivocal message to the ruling military junta in Nigeria that it's 
continued disregard for democracy, human rights and the institutions of 
civil society in Nigeria

[[Page S5230]]

is simply unacceptable. Second, the bill is a call to action to the 
Clinton Administration which has yet to articulate a coherent policy on 
Nigeria that reflects the brutal political realities there.
  Nigeria has suffered under military rule for most of its nearly 40 
years as an independent nation. By virtue of its size, geographic 
location, and resource base, it is economically and strategically 
important both in regional and international terms. Nigeria is critical 
to American interests. But Nigeria's future is being squandered by the 
military government of General Sani Abacha. Abacha presides over a 
Nigeria stunted by rampant corruption, economic mismanagement and the 
brutal subjugation of its people.

  The abiding calamity in Nigeria occurs in the context of economic and 
political collapse. Nigeria has the potential to be the economic 
powerhouse on the African continent, a key regional political leader, 
and an important American trading partner, but it is none of these 
things. Despite its wealth, economic activity in Nigeria continues to 
stagnate. Even oil revenues are not what they might be, but they remain 
the only reliable source of economic growth, with the United States 
purchasing an estimated 41 percent of the output.
  Corruption and criminal activity in this military-controlled economic 
and political system have become common, including reports of drug 
trafficking and consumer fraud schemes that have originated in Nigeria 
and reached into the United States, including my home state of 
Wisconsin.
  After the military annulled the 1993 election of Moshood Abiola as 
Nigeria's president--through what was considered by many observers to 
be a free and fair election--Chief Abiola was thrown into prison, where 
he remains, as far as we know, on the pretext of awaiting trial. 
Reliable information about his situation and condition is difficult to 
obtain. Chief Abiola's wife, Kudirat, was detained by authorities last 
year and was later found murdered by the side of a road under 
circumstances that suggest the military may have been responsible.
  On October 1, 1995, General Abacha announced a so-called 
``transition'' program whose goal was the return of an elected civilian 
government in Nigeria by October 1998. But virtually none of the 
institutions essential to a free and fair election--an independent 
electoral commission, an open registration process, or open procedures 
for the participation of independent political parties, for example--
has been put into place in Nigeria. Repression continues; political 
prisoners remain in jail; the press remains muzzled; and the fruits of 
Nigeria's abundant natural resources remain in the hands of Abacha's 
supporters and cronies.
  Even this flawed transition process--which in its best days moved at 
a snail's pace--has now been completely destroyed by the recent 
announcement that the fifth of the five officially sanctioned parties 
has endorsed Gen. Abacha as their candidate. Now, what was to have been 
a competitive presidential election has become a circus referendum on 
Abacha himself. The general will allow an election so long as his name 
is the only one on the ballot. This is little more than a sorry joke on 
the premise of democracy!
  Any criticism of this so-called transition process is punishable by 
five years in a Nigerian prison. Reports from many international human 
rights organizations and our own State Department document years of 
similar brutality. Nigerian human rights activists and government 
critics are commonly whisked away to secret trials before military 
courts and imprisoned; independent media outlets are silenced; workers' 
rights to organize are restricted; and the infamous State Security 
[Detention of Persons] Decree #2, giving the military sweeping powers 
of arrest and detention, remains in force.
  Perhaps the most horrific example of repression by the Abacha 
government was the execution of human rights and environmental activist 
Ken Saro-Wiwa and eight others in November 1995 on trumped-up charges. 
Since that barbaric spectacle, it appears the Abacha government has 
been working even harder to tighten its grip on the country, wasting no 
opportunity to subjugate the people of Nigeria.
  Late last year, retired Major General Musa Yar'Adua, a former 
Nigerian vice president and a prominent opponent of General Abacha, 
died in state custody under circumstances that remain shrouded in 
mystery. General Yar'Adua was one of 40 people arrested in 1995 during 
a government sweep and sentenced to 25 years in prison for an alleged 
coup plot widely believed to have been a pretext to silence government 
critics. Just a few weeks ago, we received the disturbing news that 
five Nigerians had been sentenced to death by a military tribunal amid 
other unproven accusations of coup-plotting.
  The Clinton Administration response to these events has been an 
earnest muddle at best, and rudderless at worst. I welcome recent 
efforts to complete the policy review process; in fact, I have been 
pushing for its completion for quite some time, because I feel the 
perceived ``lack'' of a policy with respect to Nigeria, for the past 
two years or so, has been dangerous.
  But, unfortunately, the long-awaited and oft-postponed principals' 
meeting on this issue, which finally took place in April, has not 
yielded any firm recommendations to the President. I have long urged 
the Administration to take the toughest stance possible in support of 
democracy in Nigeria, including a clear unequivocal statement that an 
electoral victory for Abacha would be totally illegitimate and 
unacceptable. The regime in Nigeria must know that anything less than a 
transparent transition to civilian rule will be met with severe 
consequences, including new sanctions as is mandated in this bill.
  So I was particularly disappointed to hear the President remark 
during his recent trip to Africa that General Abacha would be 
considered acceptable by the United States if he chose to run in the 
upcoming election as a civilian. My shock at that remark was tempered 
somewhat by the efforts of numerous administration officials who 
struggled to clarify the President's remarks. They insist that the U.S. 
objective is to support a viable transition to civilian rule in 
Nigeria, but my worst fears about that ominous remark by the President 
have now come true. Abacha and his cronies seem to believe that the 
United States would consider an Abacha victory in the upcoming 
elections to be a viable, sustainable outcome. Why else would the plan 
once touted as the basis for a democratic competitive presidential 
election be downgraded into a rigged referendum on Abacha himself? As 
planned now, the referendum will be one in which Abacha cannot lose and 
the people of Nigeria cannot win.
  Mr. President, the legislation I am introducing today represents an 
effort to demonstrate our horror at the continued repression in 
Nigeria, to encourage the ruling regime to take meaningful steps at 
reform, to support those Nigerians who have worked tirelessly and 
fearlessly for democracy and civilian rule and to move our own 
government toward a Nigeria policy that vigorously reflects the best 
American values.
  I urge my colleagues to support this legislation, and I hope that we 
will be able to consider it soon in the Committee on Foreign Relations.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2102

       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''.

     SEC. 2. FINDINGS AND DECLARATION OF POLICY.

         (a) Findings.--Congress makes the following findings:
         (1) The continued rule of the Nigerian military 
     government, in power since a 1993 coup, harms the lives of 
     the people of Nigeria, undermines confidence in the Nigerian 
     economy, damages relations between Nigeria and the United 
     States, and threatens the political and economic stability of 
     West Africa.
         (2) The transition plan announced by the Government of 
     Nigeria on October 1, 1995, which includes a commitment to 
     hold free and fair elections, has precluded the development 
     of an environment in which such elections would be considered 
     free and fair, nor was the transition plan itself developed 
     in a free and open manner or with the participation of the 
     Nigerian people.
         (3) The United States Government would consider a free 
     and fair election in Nigeria

[[Page S5231]]

     one that involves a genuinely independent electoral 
     commission and an open and fair process for the registration 
     of political parties and the fielding of candidates and an 
     environment that allows the full unrestricted participation 
     by all sectors of the Nigerian population.
         (4) In particular, the process of registering voters and 
     political parties has been significantly flawed and subject 
     to such extreme pressure by the military so as to guarantee 
     the uncontested election of the incumbent or his designee to 
     the presidency.
         (5) The tenure of the ruling military government in 
     Nigeria has been marked by egregious human rights abuses, 
     devastating economic decline, and rampant corruption.
         (6) Previous and current military regimes have turned 
     Nigeria into a haven for international drug trafficking rings 
     and other criminal organizations.
         (7) On September 18, 1997, a social function in honor of 
     then-United States Ambassador Walter Carrington was disrupted 
     by Nigerian state security forces. This culminated a campaign 
     of political intimidation and personal harassment against 
     Ambassador Carrington by the ruling regime.
         (8) 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.
         (9) According to international and Nigerian human rights 
     groups, at least several hundred democracy and human rights 
     activists and journalists have been arbitrarily detained or 
     imprisoned, without appropriate due process of law.
         (10)(A) The widely recognized winner of the annulled June 
     6, 1993, presidential election, Chief Moshood K. O. Abiola, 
     remains in detention on charges of treason.
         (B) General Olusegun Obassanjo (rt.), who is a former 
     head of state and the only military leader to turn over power 
     to a democratically elected civilian government and who has 
     played a prominent role on the international stage as an 
     advocate of peace and reconciliation, remains in prison 
     serving a life sentence following a secret trial that failed 
     to meet international standards of due process over an 
     alleged coup plot that has never been proven to exist.
         (C) Internationally renowned writer, Ken Saro-Wiwa, and 8 
     other Ogoni activists were arrested in May 1994 and executed 
     on November 10, 1995, despite the pleas to spare their lives 
     from around the world.
         (D) Frank O. Kokori, Secretary General of the National 
     Union of Petroleum and Natural Gas Workers (NUPENG), who was 
     arrested in August 1994, and has been held incommunicado 
     since, Chief Milton G. Dabibi, Secretary General of Staff 
     Consultative Association of Nigeria (SESCAN) and former 
     Secretary General of the Petroleum and Natural Gas Senior 
     Staff Association (PENGASSAN), who was arrested in January 
     1996, remains in detention without charge, for leading 
     demonstrations against the canceled elections and against 
     government efforts to control the labor unions.
         (E) Among those individuals who have been detained under 
     similar circumstances and who remain in prison are Christine 
     Anyanwu, Editor-in-Chief and publisher of The Sunday Magazine 
     (TSM), Kunle Ajibade and George Mbah, editor and assistant 
     editor of the News, Ben Charles Obi, a journalist who was 
     tried, convicted, and jailed by the infamous special military 
     tribunal during the reason trials over the alleged 1995 coup 
     plot, the ``Ogoni 21'' who were arrested on the same charges 
     used to convict and execute the ``Ogoni 9'' and Dr. Beko 
     Ransome-Kuti, a respected human rights activist and leader of 
     the pro-democracy movement and Shehu Sani, the Vice-Chairman 
     of the Campaign for Democracy.
         (11) Numerous decrees issued by the military government 
     in Nigeria suspend the constitutional protection of 
     fundamental human rights, allow indefinite detention without 
     charge, revoke the jurisdiction of civilian courts, and 
     criminalize peaceful criticism of the transition program.
         (12) 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 grant its 
     citizens the right to fairly conduct elections that guarantee 
     the free expression of the will of the electors.
         (13) Nigeria has played a major role in restoring 
     elected, civilian governments in Liberia and Sierra Leone as 
     the leading military force within the Economic Community of 
     West African States (ECOWAS) peacekeeping force, yet the 
     military regime has refused to allow the unfettered return of 
     elected, civilian government in Nigeria.
         (14) Despite organizing and managing the June 12, 1993, 
     elections, successive Nigerian military regimes nullified 
     that election, imprisoned the winner a year later, and 
     continue to fail to provide a coherent explanation for their 
     actions.
         (15) Nigeria has used its military and economic strength 
     to threaten the land and maritime borders and sovereignty of 
     neighboring countries, which is contrary to numerous 
     international treaties to which it is a signatory.
         (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 and effective 
     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 the 
     cooperation of other countries as part of the United States 
     policy of isolating the military government of Nigeria.
         (b) United Nations Human Rights Commission.--It is the 
     sense of Congress that 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; and
         (2) to press for the continued renewal of the mandate of, 
     and continued access to Nigeria for, the special rapporteur 
     on Nigeria, as called for in Commission Resolution 1997/53.
         (c) Special Envoy for Nigeria.--It is the sense of 
     Congress that, because the United States Ambassador to 
     Nigeria, a resident of both Lagos and Abuja, Nigeria, is the 
     President's representative to the Government of Nigeria, 
     serves at the pleasure of the President, and was appointed by 
     and with the advice and consent of the Senate, the President 
     should not send any other envoy to Nigeria without prior 
     notification of Congress and should not designate a special 
     envoy to Nigeria without consulting Congress.

     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 1999, 2000, and 2001 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 1999, not 
     less than $12,000,000 for fiscal year 2000, and not less than 
     $15,000,000 for fiscal year 2001 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 1999, 2000, and 2001 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 1999, 2000, and 2001 under 
     subsection (a)(1), not less than $1,000,000 for fiscal year 
     1999, $1,500,000 for fiscal year 2000, and $2,000,000 for 
     fiscal year 2001 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.).

[[Page S5232]]

         (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. EXCLUSION FROM ADMISSION INTO THE UNITED STATES OF 
                   CERTAIN NIGERIAN NATIONALS.

         Notwithstanding any other provision of law, the Secretary 
     of State shall deny a visa to, and the Attorney General shall 
     exclude from the United States, any alien who is--
         (1) a current member of the Provisional Ruling Council of 
     Nigeria;
         (2) a current civilian minister of Nigeria not on the 
     Provisional Ruling Council;
         (3) a military officer currently in the armed forces of 
     Nigeria;
         (4) a person in the Foreign Ministry of Nigeria who holds 
     Ambassadorial rank, whether in Nigeria or abroad;
         (5) a current civilian head of any agency of the Nigerian 
     government with a rank comparable to the Senior Executive 
     Service in the United States;
         (6) a current civilian advisor or financial backer of the 
     head of state of Nigeria;
         (7) a high-ranking member of the inner circle of the 
     Babangida regime of Nigeria on June 12, 1993;
         (8) a high-ranking member of the inner circle of the 
     Shonekan interim national government of Nigeria;
         (9) a civilian who there is reason to believe is 
     traveling to the United States for the purpose of promoting 
     the policies of the military government of Nigeria;
         (10) a current head of a parastatal organization in 
     Nigeria; or
         (11) a spouse or minor child of any person described in 
     any of the paragraphs (1) through (10).

     SEC. 7. ADDITIONAL MEASURES.

         (a) In General.--Unless the President determines and 
     certifies to the appropriate congressional committees by 
     December 31, 1998, that a free and fair presidential election 
     has occurred in Nigeria during 1998 and so certifies to the 
     appropriate committees of Congress, the President, effective 
     January 1, 1999--
         (1) shall exercise his authority under section 203 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702) 
     to prohibit any financial transaction involving the 
     participation by a Nigerian national as a representative of 
     the Federal Republic of Nigeria in a sporting event in the 
     United States;
         (2) shall expand the restrictions in section 6 to include 
     a prohibition on entry into the United States of any employee 
     or military officer of the Nigerian government and their 
     immediate families;
         (3) shall submit a report to the appropriate 
     congressional committees listing, by name, senior Nigerian 
     government officials and military officers who are suspended 
     from entry into the United States under section 6; and
         (4) shall consider additional economic sanctions against 
     Nigeria.
         (b) Actions of International Sports Organizations.--It is 
     the sense of Congress that any international sports 
     organization in which the United States is represented should 
     refuse to invite the participation of any national of Nigeria 
     in any sporting event in the United States sponsored by that 
     organization.

     SEC. 8. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN 
                   REQUIREMENTS MET.

         (a) In general.--The President may waive any of the 
     prohibitions contained in section 5, 6, or 7 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 who criticize the 
     government's transition program;
         (B) has established a new transition process developed in 
     consultation with the pro-democracy forces, including the 
     establishment of a genuinely independent electoral commission 
     and the development of an open and fair process for 
     registration of political parties, candidates, and voters;
         (C) is providing increased protection for freedom of 
     speech, assembly, and the media, including cessation of 
     harassment of journalists;
         (D) has released individuals who have been imprisoned 
     without due process or for political reasons;
         (E) is providing 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) suspend the right of the courts to rule on the 
     lawfulness of executive action; and
         (G) has unconditionally withdrawn the Rivers State 
     internal security task force and other paramilitary units 
     with police functions from regions in which the Ogoni ethnic 
     group lives and from other oil-producing areas where violence 
     has been excessive; or
         (2) it is in the national interests of the United States 
     to waive the prohibition in section 5, 6, or 7, 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, 6, or 
     7, 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. 9. PROHIBITION ON UNITED STATES ASSISTANCE OR 
                   CONTRIBUTIONS TO SUPPORT OR INFLUENCE ELECTION 
                   ACTIVITIES IN NIGERIA.

         (a) Prohibition.--
         (1) In general.--No department, agency, or other entity 
     of the United States Government shall provide any assistance 
     or other contribution to any political party, group, 
     organization, or person if the assistance or contribution 
     would have the purpose or effect of supporting or influencing 
     any election or campaign for election in Nigeria.
         (2) Person defined.--As used in paragraph (1), the term 
     ``person'' means any natural person, any corporation, 
     partnership, or other juridical entity.
         (b) Waiver.--The President may waive the prohibition 
     contained in subsection (a) if the President--
         (1) determines that--
         (A) the climate exists in Nigeria for a free and fair 
     democratic election that will lead to civilian rule; or
         (B) it is in the national interests of the United States 
     to do so; and
         (2) notifies the appropriate congressional committees not 
     less than 15 days in advance of the determination under 
     paragraph (1), 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. 10. REPORT ON 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 governmental 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. 11. 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.
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