[Congressional Record Volume 145, Number 126 (Friday, September 24, 1999)]
[Senate]
[Pages S11430-S11441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN (for himself, Mr. Crapo, Mr. Cochran, and Mr. 
        Bingaman):
  S. 1633. To recognize National Medal of Honor sites in California, 
Indiana, and South Carolina; to the Committee on Armed Services.


 legislation to recognize national medal of honor sites in california, 
                      indiana, and south carolina

  Mr. McCAIN. Mr. President, I rise today to introduce legislation that 
would designate the Medal of Honor memorials at the national cemetery 
at Riverside, California, the White River State Park at Indianapolis, 
Indiana, and the museum at Patriots Point in Mount Pleasant, South 
Carolina, as National Medal of Honor sites. I am joined in this effort 
by Senators Crapo, Cochran, and Bingaman. This legislation is a 
companion bill to H.R. 1663, sponsored by Representative Ken Calvert 
and cosponsored by 77 Members of the House of Representatives.
  Mr. President, this is not a frivolous piece of legislation that I am 
introducing today. The Medal of Honor is this nation's highest honor. 
The 3,417 Americans who have received the Medal of Honor, from the 
Civil War through the terrible battle in the dusty streets of 
Mogadishu, each demonstrated uncommon courage in the service of their 
country, many at the cost of their lives. In testimony in support of 
the House bill before the Veterans Subcommittee on Benefits, Paul 
Bucha, president of the Congressional Medal of Honor Society, stated 
that the Society ``believes that these projects will bring full 
recognition to recipients and is hopeful that this will complete the 
system of memorials that recognize Medal of Honor recipients.'' Passage 
of the bill Senators Crapo, Cochran, Bingaman and I are introducing 
today will help to ensure this recognition in a timely manner.
  Designation of the three sites as ``National'' memorials will give 
them the status they deserve, while bringing them appropriately under 
the department of Interior. There is no cost associated with this 
legislation. I hope that my colleagues in the Senate will support 
passage of this legislation, and thank the President for this 
opportunity to address the Senate on behalf of this worthy legislation.
  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:

[[Page S11431]]

                                S. 1633

       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 ``National Medal of Honor 
     Memorial Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The Medal of Honor is the highest military decoration 
     which the Nation bestows.
       (2) The Medal of Honor is the only military decoration 
     given in the name of the Congress of the United States, and 
     therefore on behalf of the people of the United States.
       (3) The Congressional Medal of Honor Society was 
     established by an Act of Congress in 1958, and continues to 
     protect, uphold, and preserve the dignity, honor, and name of 
     the Medal of Honor and of the individual recipients of the 
     Medal of Honor.
       (4) The Congressional Medal of Honor Society is composed 
     solely of recipients of the Medal of Honor.

     SEC. 3. NATIONAL MEDAL OF HONOR SITES.

       (a) Recognition.--The following sites to honor recipients 
     of the Medal of Honor are hereby recognized as National Medal 
     of Honor sites:
       (1) Riverside, california.--The memorial under construction 
     at the Riverside National Cemetery in Riverside, California, 
     to be dedicated on November 5, 1999.
       (2) Indianapolis, indiana.--The memorial at the White River 
     State Park in Indianapolis, Indiana, dedicated on May 28, 
     1999.
       (3) Mount pleasant, south carolina.--The Congressional 
     Medal of Honor Museum at Patriots Point in Mount Pleasant, 
     South Carolina, currently situated on the U.S.S. Yorktown.
       (b) Interpretation.--This section may not be construed to 
     require or permit the expenditure of Federal funds (other 
     that expenditures already provided for) for any purpose 
     related to the sites recognized in subsection (a).
                                 ______
                                 
      By Mr.ALLARD:
  S. 1634. A bill to amend the Internal Revenue Code of 1986 to allow a 
credit for residential solar energy property; to the Committee on 
Finance.


            residential solar energy tax credit act of 1999

 Mr. ALLARD. Mr. President. I am honored today to introduce the 
Residential Solar Energy Tax Credit Act of 1999 which provides a 15 
percent residential tax credit for consumers who purchase solar 
electric (photovoltaics) and solar thermal products.
  This bill is an important step in preserving U.S. global leadership 
in the solar industry where we now export over 70 percent of our 
products. In the last five years, over ten U.S. solar manufacturing 
facilities have been built or expanded making the U.S. the world's 
largest manufacturer of solar products. The expansion of the U.S. 
domestic market is essential to sustain U.S. global market dominance.
  Other countries, notably Japan and Germany, have instituted very 
large-scale market incentives for the use of solar energy on 
buildings--spending far more by their governments to build their 
respective domestic solar industries. Passage of this bill will insure 
the U.S. stays the global solar market leader into the next millennium.
  The recent tax bill passed by this body included necessary support of 
the independent domestic oil producers, overseas oil refiners, nuclear 
industry decommissioning, and wind energy--all worthy. This small 
proposal not only adds to these but provides an incentive to the 
individual homeowner to generate their own energy. In fact, 28 states 
have passed laws in the last two years to provide a technical standard 
for interconnecting solar systems to the electric grid, provide 
consumer friendly contracts, and provide rates for the excess power 
generated. These efforts at regulatory reform at the state level 
combined with a limited incentive as proposed in this bill, will drive 
the use of solar energy.
  Contrary to popular belief, solar energy is manufactured and used 
evenly throughout the United States. Solar manufacturers are in 
Arizona, California, Colorado, Delaware, Florida, Illinois, Iowa, 
Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, 
North Carolina, Ohio, Texas, Virginia, Washington and Wisconsin. In 
addition, solar assembly and distribution companies are in: Alaska, 
Connecticut, Georgia, Hawaii, Idaho, Indiana, Kansas, Maine, Minnesota, 
Missouri, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode 
Island, Tennessee, Vermont, as well as Puerto Rico, U.S. Virgin Islands 
and Guam. In addition to these states, solar component and research 
companies are in Alabama, Arkansas, Kentucky, Mississippi, Nebraska, 
North Dakota, Oklahoma, South Carolina, and West Virginia.
  More than 90 U.S. electric utilities, including municipals, 
cooperatives and independents--which represent more than half of U.S. 
power generation--are active in solar energy. Aside from new, automated 
solar manufacturing facilities, a wide range of new uses of solar 
occurred in 1999, such as:

  an array of facilities installed in June at the Pentagon power block 
to provide mid-day peak power;
  installation of solar on the first U.S. skyscraper in Times Square in 
New York City; and
  development of a solar mini-manufacturing facility at a brown field 
in Chicago which will provide solar products for roadway lighting and 
for area schools
  This small sampling of American ingenuity is just the beginning of 
the U.S. solar industry's maturity. Adoption of solar power by 
individual American consumers will create economies-of-scale of 
production that will, over time, dramatically lower costs and increase 
availability of solar power.
  The bill I have introduced costs much less than the Administration's 
proposal and provides consumer safeguards. This bill represents a 
pragmatic approach in utilizing the marketplace as a driver of 
technology. The benefits to our country are profound. The U.S. solar 
industry believes the incentives will create 20,000 new high technology 
manufacturing jobs, offset pollution of more than 2 million vehicles, 
cut U.S. solar energy unit imports which are already over 50 percent, 
and leverage U.S. industry even further into the global export markets.
  The Residential Solar Energy Tax Credit Act of 1999 is sound energy 
policy, sound environmental policy, promotes our national security, and 
enhances our economic strength at home and abroad. I ask my colleagues 
to include this initiative in upcoming tax deliberations. American 
consumers will thank us, and our children will thank us for the future 
benefits we have preserved for them.
                                 ______
                                 
      By Mr. GRAMS:
  S. 1635. A bill to amend the Agricultural Market Transition Act to 
extend the term of marketing assistance loans; to the Committee on 
Agriculture, Nutrition, and Forestry.


                agricultural marketing assistance loans

 Mr. GRAMS. Mr. President, today I rise to introduce 
legislation extending the term of the CCC marketing assistance loans 
made to producers by Farm Service Agencies from nine months to thirty-
six months. Moreover, my bill grants the Secretary of Agriculture 
discretion to extend the term of a marketing assistance loan for an 
additional nine month period if the Secretary determines the extension 
beyond the thirty-six months would be beneficial to producers.
  This nonrecourse marketing assistance loan program gives farmers more 
bargaining power in the market because they are not forced to sell 
their crops immediately after the harvest. Without the loan program, 
buyers' knowledge that farmers have their backs against the wall 
needing money to repay their bills can force down prices. Prices at 
harvest also tend to be lower due to the ample volume of grains. These 
nonrecourse loans permit a farmer to store the grain for a period of 
time, allowing him the opportunity to sell his crop later when the 
market price might be higher than the harvest price.
  The problem with the current system is that buyers know when the nine 
month loans are coming due, which adversely impacts the marketing 
position of producers. Buyers know that the financial pressure on 
producers is building and they will be forced to take a lower price. 
Extending the term of the loans from nine to thirty six months will 
give the farmers better marketing power because it introduces more 
uncertainty and therefore options to farmers on when the grain will be 
sold.
  I should note that I do not expect farmers to exhaust the full 
thirty-six months to market their grain, or that the Secretary would 
routinely extend that term to 45 months, due to the decline in grain 
quality that would consequently occur. However, I wanted to ensure that 
farmers possess as much flexibility as possible in deciding when to 
market their product.

[[Page S11432]]

  Again, with this bill, I hope to provide farmers with another 
marketing tool to help them get the best price possible on the market. 
Our farm families are hurting, and we must help. In addition to 
introducing this bill, I want to again call upon Agriculture 
Appropriations conferees to complete their work without adding new 
issues. Relief to farmers must be passed as soon as possible.
  Mr. President, I look forward to working with my colleagues on the 
Agriculture Committee to pass my bill in the near future.
                                 ______
                                 
      Mr. FEINGOLD:
  S. 1636. A bill to authorize a new trade, investment, and development 
policy for sub-Saharan Africa; to the Committee on Finance.


                    the hope for africa act of 1999

  Mr. FEINGOLD. Mr. President, today I am introducing the HOPE for 
Africa Act of 1999, a bill to authorize a new trade, investment and 
development policy for sub-Saharan Africa. I ask unanimous consent that 
the text of this bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1636

       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)

[[Page S11433]]

       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);

[[Page S11434]]

       (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:

[[Page S11435]]

       (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:

[[Page S11436]]

     ``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

[[Page S11437]]

     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--

[[Page S11438]]

       (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.
                                 ______
                                 
      By Mr. FRIST (for himself, Mr. Breaux, Mr. McCain, Mr. Hollings, 
        and Mr. Rockefeller):
  S. 1639. A bill to authorize appropriations for carrying out the 
Earthquake Hazards Reduction Act of 1977, for the National Weather 
Service and Related Agencies, and for the United States Fire 
Administration for fiscal years 2000, 2001, and 2002; to the Committee 
on Commerce, Science, and Transportation.


            earth, wind, and fire authorization act of 1999

 Mr. FRIST. Mr. President, I rise today to introduce the Earth, 
Wind, and Fire Authorization Act of 1999. This legislation would 
authorize three public safety entities: the National Earthquake Hazard 
Reduction Program (NEHRP), the National Weather Service and related 
agencies of the national Oceanic and Atmospheric Administration, and 
the U.S. Fire Administration for fiscal years (FY) 2000, 2001, and 
2002. Each of these entities have important science and technology 
safety programs which serve as a powerful example of the types of 
research that Federal Government should be investing its scarce 
resources in--the safety and protection of the American public.
  Weather forecasts are an indispensable element of our everyday lives. 
As Hurricane Floyd ravaged the eastern coast of the United States last 
week, millions of Americans from the southern tip of Florida to the 
ports of Boston tuned into their local weather channels to obtain the 
latest information from the National Weather Service (NWS). They 
evaluated the very safety of their homes, possessions, and loved ones 
based upon televised data. Numerous organizations including schools, 
public transportation, and local businesses were also captivated by NWS 
forecasts to determine the potential of Hurricane Floyed to threaten 
the safety of its citizens.
  The Earth, Wind, and Fire Authorization Act of 1999 authorizes the 
NWS at $617.9 million in FY 2000, $651.9 million for FY 2001, and 
$687.7 million for FY 2002. Atmospheric Research is authorized at 
$173.3 million in FY 2000, $182.8 million in FY 2001, and $192.8 
million in FY 2002. And the National Environmental Satellite, Data, and 
Information Service (NESDIS) is authorized at $103 million for FY 2000, 
$108.8 million for FY 2001, and $114.7 million for FY 2002. NESDIS 
provides for the procurement, launch, and operation of the polar 
orbiting and geostationary environmental satellites, as well as the 
management of NOAA's environmental data collections.
  Also in the news today is the recent earthquake in Taiwan. The 
tremendous loss of lives and property has been beyond our 
comprehension. I am pleased to authorize a federal research program 
that targets these natural disasters. NEHRP combines research, 
planning, and response activities conducted within each of the four 
specified agencies; Federal Emergency Management Agency (FEMA), U.S. 
Geological Survey (USGS), National Science Foundation (NSF), and 
National Institute of Standards and Technology (NIST). The ultimate 
goal of this multi-agency program is to protect lives and property.
  The NEHRP is authorized at the following levels ($ millions):

------------------------------------------------------------------------
                                                FY2000   FY2001   FY2002
------------------------------------------------------------------------
FEMA.........................................     19.8     20.9     22.0
USGS.........................................     46.1     48.6     51.3
NSF..........................................     29.9     31.5     33.3
NIST.........................................      2.2      2.2      2.4
------------------------------------------------------------------------

  The mission of the U.S. Fire Administration is to enhance the 
nation's fire prevention and control activities, and thereby 
significantly reduce the nation's loss of life from fire while also 
achieving a reduction in property loss and nonfatal injury due to fire.
  The bill, which authorizes the Fire Administration for $46.1 million 
in fiscal year 2000, $47.6 million for fiscal year 2001, and $49 
million for fiscal year 2002, provides for collection, analysis, and 
dissemination of fire incidence and loss data; development and 
dissemination of public fire education materials; development and 
dissemination of better hazardous materials response information for 
first respondents; and support for research and development for fire 
safety technologies.
  With this authorization, our local and state firefighters will 
continue to have assess to the training from the National Fire Academy 
necessary to allow them to better perform their jobs of saving lives 
and protecting property.
  The authorization levels detailed above in each independent programs 
are based upon an overall 5.5 percent increase for research programs 
for FY 2001 and 2002 over the President's FY 2000 budget request to be 
consistent with the Federal Research Investment Act.
  Mr. President, there are some additional concerns that the committee 
will continue to address as we proceed to move this legislation. They 
include the proper role of the NWS and the commercial weather service 
industry, and several employee-related concerns.
  Mr. HOLLINGS. Mr. President, I join my colleague Senator Frist in 
introducing this bill to authorize the atmospheric programs of the 
National Oceanic and Atmospheric Administration (NOAA), the U.S. Fire 
Administration, and the National Earthquake Hazards Reduction Program 
(NEHRP) through FY 2002. These agencies are doing important work to 
protect public safety through prediction, education, and mitigation 
efforts.
  This bill authorizes the ``dry'' side of NOAA, the Fire 
Administration, and NEHRP at the President's requested level for FY 
2000. The Senate-passed Commerce, Justice, State Appropriations bill 
provided additional monies for the Weather Service and atmospheric 
research within NOAA, and Senator Frist has agreed to revise this 
authorization bill during the Commerce Committee's consideration to 
reflect this additional support.
  As many of you know, I have been trying to put the ``O'' back in NOAA 
for years, so it is interesting to be co-sponsoring a bill which 
authorizes only the ``dry'' side of NOAA. My support for the ``wet'' 
programs of NOAA has not waned. Senator Frist, Senator Breaux, and I 
have also been working with Senators Kerry and Snowe to craft a bill 
which will authorize all of the programs of NOAA.
  NOAA is doing some important work. We need only look at their 
superior warnings during and after Hurricane Floyd to see that the 
National Weather Service directly impacts the lives of Americans every 
day. Every weather report heard on the Weather Channel, CNN, and local 
affiliates was based on information provided by NOAA. The agency worked 
with emergency managers, the private sector, and the public to make 
sure that its predictions and warnings were heard and could save lives 
and property.
  NOAA's atmospheric scientists are also at work to help us understand 
what our weather might be like not just next week but also next year or 
in the next decade. NOAA is trying to understand long-term climate 
change, as well as seasonal patterns like El Nino and La Nina. 
Meanwhile, NOAA's satellite operations keep our eyes in the sky in 
working order and help us understand and predict the path of large 
systems like hurricanes.
  I especially appreciate the hard work that the Weather Service has 
undertaken in its modernization. While this is still a work in 
progress, NOAA has improved warning times and accuracy while 
undertaking a difficult streamlining process. I wonder if Congress may 
have asked NOAA to do too much with too little and am glad that the 
Weather Service has been able to fulfill its important mandate even 
where we might have cut too close to the bone.
  Mr. President, while I hope each of us are benefitting from the 
forecasts and warnings of the Weather Service, I hope that far fewer of 
us have to interact with this nation's fire service. The United States 
has over 2 million fires annually. Each one can devastate a

[[Page S11439]]

family or business. I should know. This August I lost my home in 
Charleston, South Carolina. The statistics--approximately 4500 deaths, 
30,000 civilian injuries, more than $8 billion in direct property 
losses, and more than $50 billion in costs to taxpayers each year--do 
not tell the whole story. A fire can take away a lifetime of things 
that have true value only to the person who has suffered the loss. The 
tragic thing is that most of these fires are preventable.
  The bill would authorize the United States Fire Administration which 
provides invaluable services--such as training, data, arson assistance, 
and research of better safety equipment and clothing--to the more than 
1.2 million paid and volunteer firefighters throughout the nation. I 
hope the Fire Administration will work quickly to resolve the 
outstanding recommendations of the Blue Ribbon Panel so that they can 
once again focus on reducing losses from fire and meet new challenges 
like medical emergencies, hazardous spills, and even acts of terrorism. 
The Strategic Plan called for in Section 302 of the bill should lay out 
a road map for this process.
  Finally, the bill would authorize the programs of the NEHRP. While 
most people only think of California as having earthquakes, all or 
parts of 39 states--populated by more than 70 million people--have been 
classified as having major or moderate seismic risk. In 1886, an 
earthquake leveled my hometown of Charleston. Estimates of the strength 
of the Charleston quake range from 7.0 to 7.6 on the Richter Scale. Of 
particular interest and concern about east coast quakes is that there 
is no known geological origin for them. This fact underscores the 
possibility of unpredictable seismic activity in the United States.
  What we do know though is that the loss of life and property from 
earthquakes can be considerable. That is what NEHRP is here for. It is 
a Federal interagency program--with participation from the Federal 
Emergency Management Agency, the U.S. Geological Service, the National 
Science Foundation, and the National Institute of Standards and 
Technology--designed to help minimize the loss of life and property 
caused by earthquakes. It is supports scientific research on the 
origins of earthquakes, and funds engineering research to make 
buildings and other structures more seismically resistant. NEHRP also 
disseminates this technical information to the states and helps states 
and localities prepare for earthquakes. NEHRP focuses on helping states 
prepare for earthquakes, in contrast to Federal disaster response 
programs that help states after a major event.
  Mr. President, in conclusion the public safety programs authorized in 
this bill--the Weather Service, fire safety, and earthquake 
preparedness--protect the lives and property of every American citizen. 
Protecting public safety is one of the first and most important 
functions of government, and I am hopeful that my colleagues will join 
me in supporting these programs and this bill.
                                 ______
                                 
      By Mr. WELLSTONE:
  S. 1640. A bill to amend the Internal Revenue Code of 1986 and the 
Employee Retirement Income Security Act of 1974 to protect pension 
benefits of employees in defined benefit plans and to direct the 
Secretary of the Treasury to enforce the age discrimination 
requirements of the Internal Revenue Code of 1986 with respect to 
amendments resulting in defined benefit plans becoming cash balance 
plans; to the Committee on Finance.


        pension benefits protection and preservation act of 1999

 Mr. WELLSTONE. Mr. President, I rise to introduce the Pension 
Benefits Protection and Preservation Act of 1999, a bill that will 
protect the hard earned pensions of millions of American workers.
  Mr. President, this legislation is long past due because big 
companies across America have been deserting their traditional defined 
benefit pension plan which promised a fair retirement to their long-
time workers in favor of new ``cash-balance plans'' which promise less 
to loyal employees and more to CEO's who are already receiving record 
salaries, stock options and benefits. It is simply unfair for companies 
to discriminate against the very workers who have made those companies 
so successful.
  Older employees who have been forced into these cash-balance plans 
are finding their eventual pensions cut by 20-50 percent, and sometimes 
even more. This conversion technique is saving corporate America 
billions of dollars, but it is older workers who are paying the price. 
The technical and actuarial issues of cash-balance conversions may be 
complex, but what is simple is that Congress must act now to put 
transition safeguards in place to protect the retirement security of 
the American worker.
  Earlier this week, the Health, Education, Labor, and Pensions 
Committee heard testimony from long-time IBM employees who were shocked 
on July 1, 1999, to find that the accrued balance in their pension 
plans had been slashed up to 50 percent overnight. Why? Because IBM 
decided to join the corporate conversion parade and convert its defined 
benefit pension plan that had promised a secure retirement to IBM 
employees into a plan that left trusted employees both insecure and 
embittered. IBM employees, including those in my state of Minnesota, 
used their knowledge of the Internet to organize, to communicate and to 
ultimately win major, but not fully adequate, concessions from IBM. But 
most employees of most companies don't have that kind of on-line 
sophistication. And no employees should have to rely on protests in 
order to preserve what they have already earned.
  That is why I am introducing this legislation. The Pension Benefits 
Protection and Preservation Act of 1999 offers a comprehensive approach 
to the difficulties of employees faced with cash-balance conversions. 
This measure will ensure fair treatment of American workers by 
requiring disclosure, pension plan choice, elimination of the ``wear-
away'' of pension benefits, and enforcement of the Age Discrimination 
and Employment Act.
  Workers have a right to know how much of a pension they will receive 
when an employer unilaterally changes its pension play. My bill 
required a detailed disclosure at least 45 days before a plan 
conversion becomes effective, if that conversion significantly reduces 
the pension benefits of employees. This gives employees adequate time 
to compare the benefits they would receive under the old plan with 
those of the new.
  That time to compare plans is critical because my bill penalizes 
employers who significantly reduce employee pension benefit unless 
employees are able to knowledgeably choose between old and new plans. 
Employers who do significantly reduce benefits and fail to allow choice 
will be liable for an excise tax equal in amount to 50 percent of the 
surplus in the pension fund of the company. What the threat of this 
penalty does is to direct pension monies where they belong--into the 
retirement benefits that employees receive, not into shareholder 
pockets or stock options of highly paid CEO's.
  The Pension Benefits Protection and Preservation Act of 1999 also 
eliminates the ``wearing-away'' of employee's accrued pension benefits 
by preventing company pension plans from giving participating employees 
an opening account balance in their ``new'' plan that is lower than 
their already accrued pension benefits to date under the old plan. 
Under my bill, companies will no longer be able to engage in that 
tactic; instead, they will be required to continue to pay into workers' 
pension accounts without regard to the amount of pension benefits 
workers have accrued under their old plan.
  Finally, the bill directs the Secretary of the Treasury to enforce 
the existing pension age discrimination law enacted in 1986.
  Mr. President, 25 years ago this month ERISA, the Employee Retirement 
Security Act, was enacted. Congress passed ERISA to put an end to 
broken pension promises and to protect working men and women. Twenty-
five years later what we see instead is ERISA neither adequate--nor 
adequately enforced--enough to protect workers' pensions.
  Pension funds belong to the workers, not the employer, and we must 
put in place a strong safety net to prevent those funds from being 
raided in the guise of being improved. That is why I am introducing the 
Pension Benefits Protection and Preservation Act of 1999 today, and 
that is why I am asking my

[[Page S11440]]

colleagues to join me in supporting this legislation.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 1641. A bill to amend the Employee Retirement Income Security Act 
of 1974, Public Health Service Act, and the Internal Revenue Code, of 
1986 to require that group and individual health insurance coverage and 
group health plans provide coverage of cancer screening; to the 
Committee on Health, Education, Labor and Pensions.


                 cancer screening coverage act of 1999

 Mrs. FEINSTEIN. Mr. President, today I am introducing a bill 
to require health insurance plans to cover screening tests for cancer. 
The bill requires plans to cover screening tests that are currently 
available and for which there is broad consensus on their value. To 
address future changes in scientific knowledge and medical practice, 
the bill allows the Secretary to change the requirements upon the 
Secretary's initiative or upon petition by a private individual or 
group. This bill is a companion to H.R. 1285, introduced by 
Representatives Carolyn B. Maloney and Sue Kelly.

  A major way to reduce the number of cancer-related deaths and 
increase survival is to increase screening rates. The American Cancer 
Society predicts that the annual cancer death rate this year--563,100 
Americans--will equal five Boeing 747 jumbo jets crashing every day for 
a year. Because early detection can save lives, requiring plans to 
cover detection tests can decrease the number of people who die each 
year from cancer.
  To put cancer deaths in perspective, the number of Americans that die 
each year from cancer exceeds the total number of Americans lost to all 
wars that we have fought in this century. The American Cancer Society 
estimates that over 1 million new cancer cases will be diagnosed in the 
United States this year, including 132,500 in California.
  Despite our increasing understanding of cancer, unless we act with 
urgency, the cost to the United States is likely to become unmanageable 
in the next 10-20 years. The incidence rate of cancer in 2010 is 
estimated to increase by 29 percent for new cases, and cancer deaths 
are estimated to increase by 25 percent. Cancer will surpass heart 
disease as the leading fatal disease in the U.S. by 2010. With our 
aging U.S. population, unless we act now to change current cancer 
incidence and death rates, according to the September 1998 report from 
the Cancer March Research Task Force, we can expect over 2.0 million 
new cancer cases and 1.0 million deaths per year by 2025. Listen to 
these startling statistics:
  One out of every four deaths in the U.S. is caused by cancer.
  This year approximately 563,100 Americans are expected to die of 
cancer--more than 1,500 people a day.
  There have been approximately five million cancer deaths since 1990.
  Approximately 12 million new cancer cases have been diagnosed since 
1990.
  The National Cancer Institute estimates that approximately 8.2 
million Americans alive today have a history of cancer.
  One out of every two men, one out of every three women will be 
diagnosed with cancer at some point in their lifetime.
  Too many Americans die each year from cancer. The tragedy is that we 
have tools available which can prevent much unnecessary suffering and 
death. Early detection--finding cancer early before it has spread--
gives a person the best chance of being treated successfully. Early 
screening for breast, cervical, prostate, and colorectal cancer can 
increase survival rates. Having insurance coverage for cancer 
screenings is a major way of encouraging people to get examinations and 
tests.
  Screening examinations, if given on an appropriate schedule by a 
health care professional, have proven their value. Screening-accessible 
cancers, such as cancers of the breast, tongue, mouth, colon, rectum, 
cervix, prostate, testis, and skin, account for approximately half of 
all new cancer cases. The five-year relative survival rate for these 
cancers is about 81 percent. According to the American Cancer Society, 
if all Americans participated in regular cancer screening, this rate 
could increase to more than 95 percent. For example, people can have 
colon cancer long before they know it. They may not have any symptoms. 
Patients diagnosed by a colon cancer screening have a 90 percent chance 
of survival while patients not diagnosed until symptoms are apparent 
only have a 8 percent chance of survival.
  Finding cancers in their early stages can mean that treatment is less 
expensive. Treatment of breast, lung, and prostate cancers account for 
over half of annual medical costs, which by National Institutes of 
Health estimates is $37 billion annually.
  A colon cancer screening costs approximately $125-$300.00. If a 
patient is not diagnosed with colon cancer until symptoms are apparent, 
care during the remaining 4-5 years of life can cost up to $100,000. 
Similarly, the initial average cost of treating rectal cancer that is 
detected early is about $5,700. This is approximately 75 percent less 
than the estimated $30,000-$40,000 it costs to treat rectal cancer that 
is further along in its development.
  The cost of lost productivity due to cancer is $11 billion annually, 
while the cost of lost productivity due to premature death is $59 
billion annually. We can't afford not to screen.
  Insurance coverage is a major determinant in whether people obtain 
preventive screenings. In short, when screenings are covered by plans, 
people are more likely to get them. In California, screening rates for 
cervical and breast cancer are lower for uninsured women, who are less 
likely to have had a recent screening and more likely to have gone 
longer without being screened than women with coverage.
  According to a University of California-Los Angeles Center for Health 
Policy Research study from February 1998, in California women ages 18-
64, 63 percent of uninsured women had not had a Pap test during 1997 
versus 40 percent of insured women. Additionally, approximately 67 
percent of uninsured Californian women ages 30-64 had not had a 
clinical breast examination during 1997, compared to 40 percent for 
insured women in the same age group.
  In 1997, Congress added cancer screening coverage under Medicare for 
certain cancers, such as breast and cervical. Medicare beneficiaries 
now receive cancer screenings without having to pay out-of-pocket for 
such tests. Americans under the age of 65 who are privately insured 
deserve the same health care. Under Medicaid, preventive services are 
optional benefit. States can choose to cover them or not so coverage 
varies state to state.
  All Americans deserve access to cancer screening, regardless of 
whether one has health insurance because they are an employee of the 
Department of Defense, a Medicare beneficiary, or a veteran. Certainly 
individuals who have private health insurance through their employers--
56 percent of Californians have private health insurance--should be 
guaranteed access to life-saving and life-prolonging cancer screenings. 
Offering coverage for cancer screening simply makes good sense.
  The bill requires plans to cover screenings according to current 
guidelines:
  Annual mammograms for women ages 40 and over and for women under 40 
who are at high risk of developing breast cancer.
  Annual clinical breast exams for women ages 40 and over and for women 
between the ages of 20 and 40 who are at high risk of developing breast 
cancer.
  Clinical breast exams every three years for women who are between the 
ages of 20 and 40 and are not at high risk for developing breast 
cancer.
  Annual pap tests and pelvic examinations for women ages 18 and over 
or women who are under the age of 18 and are or have been sexually 
active.
  Screening procedures for men and women ages 50 and over or under age 
50 and at high risk for developing colorectal cancer, including annual 
screening fecal-occult blood test and screening flexible sigmoidoscopy 
every 4 years.
  Men and women at high risk for colorectal cancer (in any age group) 
may receive a screening colonoscopy every 2 years.
  Annual digital rectal examination and/or annual prostate-specific 
blood test for men ages 50 and over or males who are at high risk.
  The bill authorizes the Secretary of Health and Human Services to 
modify coverage requirements to reflect changes in medical practice or 
new scientific knowledge, based both on the

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Secretary's own initiative or upon petition of an individual or 
organization.
  Cancer touches virtually every American in some way. The 
Comprehensive Cancer Screening Act can be one way to alleviate the fear 
and reality of cancer felt by millions of Americans. We all want to 
believe that when a family member is diagnosed with cancer, he or she 
will get care of the highest quality and that their medical team will 
conquer this disease. Early detection, while it does not prevent cancer 
from occurring, can stop cancer before it spreads, extend life, reduce 
treatment costs, and improve the quality of life for cancer patients. 
By requiring private health plans to cover cancer screening as a 
preventive measure, my bill is cost effective and could ease the cancer 
burden felt by America due to lost productivity related to cancer 
deaths and illness.
  It is long past due for this Congress to send a strong message to 
insurance companies. Cancer screening is an important prevention 
measure and should be covered under all insurance plans. America cannot 
afford not to screen.

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