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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 772 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 772

 To authorize a new trade, investment, and development policy for sub-
Saharan Africa that is mutually beneficial to the majority of people in 
               sub-Saharan Africa and the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1999

  Mr. Jackson of Illinois (for himself, Mr. Bonior, Mr. Clyburn, Mr. 
 George Miller of California, Ms. McKinney, Ms. Lee, Mr. Conyers, Mr. 
Cummings, Mr. Kucinich, Mr. Thompson of Mississippi, Mr. Brown of Ohio, 
Ms. Schakowsky, Mr. Clay, Ms. Jackson-Lee of Texas, Ms. Kilpatrick, Mr. 
  Sanders, Mr. Capuano, Mr. McGovern, Mr. Brady of Pennsylvania, Mr. 
    Olver, Mr. Pallone, Mr. Brown of California, Mr. Pascrell, Mr. 
 Baldacci, Mrs. Jones of Ohio, Mr. Stark, Mr. Delahunt, Mr. Evans, Mr. 
    Hastings of Florida, Mr. Stupak, and Mr. Klink) introduced the 
 following bill; which was referred to the Committee on International 
 Relations, and in addition to the Committees on Banking and Financial 
     Services, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To authorize a new trade, investment, and development policy for sub-
Saharan Africa that is mutually beneficial to the majority of people in 
               sub-Saharan Africa and the United States.

    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 ``Human Rights, Opportunity, 
Partnership, and Empowerment for Africa Act'' or the ``HOPE for Africa 
Act''.

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.
  TITLE I--CANCELLATION OF DEBT OWED BY SUB-SAHARAN AFRICAN COUNTRIES

Sec. 101. Declarations of policy.
Sec. 102. Cancellation of debt owed to the United States Government by 
                            sub-Saharan African countries.
Sec. 103. Advocacy of cancellation of debt owed to foreign governments 
                            by sub-Saharan African countries.
Sec. 104. Advocacy of cancellation of debt owed to the International 
                            Monetary Fund and the International Bank 
                            for Reconstruction and Development by sub-
                            Saharan African countries.
Sec. 105. Cancellation of debt owed to United States lenders by sub-
                            Saharan African countries.
Sec. 106. Study on repayment of debt in local currencies by sub-Saharan 
                            African countries.
Sec. 107. Allocation of percentage of national budgets of sub-Saharan 
                            African countries for basic services.
Sec. 108. Sense of the 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. Minimum levels of assistance for certain critical sectors.
Sec. 306. Reporting requirements.
Sec. 307. Authorization of appropriations 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. Requirements relating to sub-Saharan Africa intellectual 
                            property and competition law.
Sec. 602. Review and reporting requirements.
Sec. 603. Sub-Saharan Africa defined.

SEC. 3. FINDINGS.

    The 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-Sahara Africa.
            (2) The countries of sub-Saharan Africa form a region of 
        tremendous human creativity, vast natural and cultural wealth, 
        enormous economic potential, and enduring political 
        significance.
            (3) Many sub-Saharan African countries have made notable 
        progress toward democratization in recent years.
            (4) Despite this enormous potential, Africa has the largest 
        number of the poorest countries in the world. Thirty-three of 
        the 41 highly indebted poor countries (HIPC) are located in 
        sub-Saharan Africa. Indeed, 50 percent of Africans live below 
        the poverty line, and 40 percent live on less than $1 per day. 
        In addition, 40 percent of Africans suffer from malnutrition 
        and hunger, while 1 in 5 children in Africa die before the age 
        of 5.
            (5)(A) Africa is the only continent where economic 
        production per person has declined throughout the last two 
        decades.
            (B) The per capita income for sub-Saharan Africa averages 
        less than $500 annually and per capita income fell from $752 in 
        1980, when the neo-liberal development model was initially 
        imposed on numerous African countries, to $613 in 1988 (in 
        constant 1980 United States dollars).
            (C) According to the International Bank for Reconstruction 
        and Development, in sub-Saharan Africa wages have not grown 
        since 1970 and in the last decade alone family incomes have 
        fallen by a third and the number of African families unable to 
        meet their basic needs has doubled.
            (D) In 1996, 20 sub-Saharan African countries were still 
        below their per capita incomes of 20 years ago.
            (6) African women, the region's chief food producers, are 
        often excluded from the benefits of current trade and 
        investment regimes.
            (7) Africa's wealth in natural resources, oil, and minerals 
        is immense. However, current development and economic models 
        have denied the majority of African people any benefits from 
        this vast wealth.
            (8) A plan for sustainable, equitable development for, and 
        trade with, Africa must recognize the asymmetries of power and 
        different levels of development that exist between countries. 
        Certain fundamental pre-existing hindrances to African 
        development and trade must be addressed.
            (9) Sub-Saharan Africa, especially the poorest people of 
        sub-Saharan Africa, are inordinately burdened by a 
        $230,000,000,000 debt whose service requirements now take over 
        20 percent of the export earnings of the sub-Saharan African 
        region, excluding South Africa.
            (10) The bilateral and multilateral debt burdens of sub-
        Saharan Africa constitute a serious impediment to private-
        sector development, stable democratic political structures, 
        broad-based economic growth, poverty eradication, the expansion 
        of small and women-owned businesses, food security, 
        agricultural development aimed at feeding the continent's 
        people, environmental sustainability, and regional integration.
            (11)(A) Any policy for development in Africa that is 
        intended to benefit Africa must be premised on unconditional 
        debt cancellation.
            (B) The history of United States cancellation of debt 
        includes reversal of the United States demand that Germany pay 
        10 percent of its post-World War II export earnings to recover 
        debts owed prior to the war.
            (C) Germany successfully negotiated for a rate which 
        resulted in annual payments of less than 3.5 percent of export 
        earnings.
            (D) Currently Mozambique, one of the world's poorest 
        countries, pays over 20 percent of export earnings in debt 
        service.
            (11)(A) The International Monetary Fund, the International 
        Bank for Reconstruction and Development, and other 
        international financial institutions and aid agencies have 
        required African nations to adhere to ``structural adjustment 
        programs'' which have imposed enormous preventable suffering on 
        African people.
            (B) These programs orient economies toward export 
        production, placing downward pressure on wages, encouraging 
        unsustainable resource exploitation, and undermining food 
        security.
            (C) These programs lead to major reductions in government 
        spending, including in the crucial areas of education, 
        healthcare, and environmental protection, and they particularly 
        harm women, who are most severely hurt by the elimination of 
        the social safety net and the policy's neglect of small and 
        domestically oriented farmers.
            (D) The programs impose a deregulatory and trade 
        liberalization agenda that removes crucial government 
        protections for society and leaves local business vulnerable to 
        foreign multinational corporations. They also encourage wage 
        cuts, including reductions in the minimum wage, weakening of 
        labor laws and labor rights, and government and private sector 
        reductions in employment.
            (E) Structural adjustment programs force recessionary 
        policies that most seriously victimize the poor, and these 
        programs tend to exacerbate income and wealth inequalities and 
        undermine basic well-being, as measured by access to food, 
        shelter, medical services, and a sustainable livelihood, even 
        when traditional economic indicators show economic growth.
            (12) The recent turmoil in the global economy has 
        demonstrated the limitations of the International Monetary Fund 
        model of trade and capital liberalization.
            (13) 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. United States policy toward Africa must further these 
        goals for the majority of people in sub-Saharan African and the 
        United States.
            (14)(A) Many economic and ``development'' policies imposed 
        on sub-Saharan Africa under International Monetary Fund 
        programs and other international loan programs are focused on 
        generating hard currency through exports to service foreign 
        debt rather than on production for domestic African food and 
        other needs.
            (B) Net transfer of resources from sub-Saharan Africa to 
        developed countries has increased substantially for almost 
        every sub-Saharan African nation.
            (C) Two prominent examples are Zambia, whose debt service 
        ratio was 25.3 in 1980 and 174.44 in 1995--a 600 percent 
        increase--and Sierra Leone, whose debt service nearly tripled 
        from 1980 to 1995.
            (15) Certain industrial agriculture practices imposed on 
        sub-Saharan Africa under International Monetary Fund programs 
        and other international loan programs, including substitution 
        of export crops for staple food production, use of chemical 
        fertilizers, hybrid seeds and other products, have resulted in 
        damage to local farmers and agriculture and loss of food 
        security.
            (16)(A) Current large scale ``development'' projects have 
        not been designed in a manner that produces benefits to most 
        Africans.
            (B) For instance, oil and mining projects such as Sierra 
        Rutile and Terebebe have not benefited most Africans 
        economically and have caused severe environmental damage and 
        led to conflicts with local communities.
            (C) More projects of this sort are now under consideration, 
        such as the International Bank for Reconstruction and 
        Development's pending May 1999 decision on a $3,000,000,000 
        request for a Chad-Cameroon oil pipeline that has been harshly 
        criticized on social and environmental grounds.
            (17) Many sub-Saharan African countries are suffering from 
        epidemics of HIV/AIDS, tuberculosis, malaria and other 
        diseases, many of which are treatable or preventable with 
        existing pharmaceutical and medical treatments.
            (18)(A) The key principles that must guide any United 
        States economic policy toward sub-Saharan Africa are those 
        repeatedly identified by African governments.
            (B) Documents providing a concrete guide to these sub-
        Saharan African priorities include the ``Lagos Plan'' developed 
        by the finance ministers of the sub-Saharan African countries 
        in coordination with the Organization for African Unity.
            (C) The overriding priority expressed in such African 
        policies is freedom for each African country to self-determine 
        what economic policies suit the needs of their people and 
        development.
            (D) The priority goals these policies are aimed to meet are 
        food self-sufficiency and security, and broad access to potable 
        water, shelter, primary health care, education, and affordable 
        transport.
            (19) Fair trade and mutually beneficial investment can be 
        important tools for broad-based economic development.
            (20)(A) Global production utilizing free trade among 
        developed countries that have a common economic and social 
        system often carries significant benefits--an expansion of 
        demand, employment, productivity, and a general increase in 
        living standards.
            (B) However, global production utilizing free trade between 
        developed and underdeveloped countries that have different 
        economic and social systems and standards appears to produce 
        significantly different results--a general reduction of wages 
        and demand resulting in over-production and under-consumption, 
        a reduction in worker rights and safety, fewer environmental 
        protections and social welfare mandates, and a transfer of 
        income and wealth from underdeveloped countries to the wealthy 
        in developed countries--thus increasing income and wealth 
        disparities both within developed countries and between 
        developed and underdeveloped countries and a general lowering 
        of living standards in developed countries.
            (C) Therefore, mutually beneficial trade arrangements among 
        countries with significantly different levels of development 
        will require a more comprehensive approach that combines trade 
        opportunities with other necessary policies that raise living 
        standards rather than lower them.

SEC. 4. DECLARATIONS OF POLICY.

    The Congress makes the following declarations:
            (1)(A) The worth of economic development of a country is 
        measured only by the well-being of the people of the country.
            (B) A program of adjustment or development that causes a 
        deterioration in conditions for most people is a failure that 
        must be remedied.
            (2) 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.
            (3) The Congress endorses the goals stated in the Lagos 
        Plan developed by sub-Saharan African Finance Ministers in 
        cooperation with the Organization for African Unity.
            (4) In accordance with the goals of the Lagos Plan, the 
        primary goals of the United States with respect to developing 
        new economic relations with sub-Saharan Africa include 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.
            (5) To achieve these primary goals of the United States 
        with respect to developing new economic relations with sub-
        Saharan Africa, the Congress calls for the following:
                    (A)(i) Full and unconditional cancellation of all 
                debts owed by sub-Saharan African countries to the 
                United States, to other foreign countries, to the 
                International Monetary Fund and the International Bank 
                for Reconstruction and Development.
                    (ii) Prior to this full and unconditional 
                cancellation of debt owed by sub-Saharan African 
                countries, each sub-Saharan African country shall not, 
                in making debt payments described in subclause (i), 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 prior calendar year.
                    (B) Encouraging sub-Saharan African countries to 
                adhere to their United Nations 
                20/20 Initiative commitment to support investment in 
                human development by directing at least 20 percent of 
                savings from debt cancellation to basic social 
                services, with appropriate input from civil society in 
                developing basic service plans as called for in the 20/
                20 Initiative.
                    (C) Targeting United States assistance and trade 
                initiatives so as to encourage local processing of raw 
                materials, using environmentally protective techniques 
                rather than seeking export of raw commodities for 
                processing in other countries, will increase sub-
                Saharan African employment, create an industrial base, 
                and encourage sustainable rates of resource extraction.
                    (D) Targeting United States assistance and trade 
                opportunities to sub-Saharan African nations that 
                allocate the levels recommended in the Lagos Plan--25 
                percent to food production and security and 30 percent 
                to health, education and other vital social services 
                will increase the equity and sustainability of 
                development.
                    (E) United States representatives at all 
                multilateral banks and other international economic 
                institutions should vote for and otherwise support 
                these policies and others aimed at solutions that do 
                not contribute to exacerbating social and environmental 
                ills.
                    (F) United States corporations and foreign 
                corporations operating in sub-Saharan Africa and doing 
                business with the United States must operate under the 
                same core environmental standards as those used in the 
                operations and facilities of those corporations in the 
                United States or other developed countries.
                    (G) United States policy toward sub-Saharan Africa 
                provides an opportunity to redress issues of racial 
                inequities in the United States. United States economic 
                policy toward sub-Saharan Africa must provide African 
                Americans with the opportunities and potential benefits 
                of new economic relations between the United States and 
                Africa.
            (6) It is the policy of the United States Government to 
        assist sub-Saharan African countries in efforts to make safe 
        and efficacious pharmaceuticals and medical technologies as 
        widely available as possible.

  TITLE I--CANCELLATION OF DEBT OWED BY SUB-SAHARAN AFRICAN COUNTRIES

SEC. 101. DECLARATIONS OF POLICY.

    The Congress makes the following declarations:
            (1)(A) 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 amendments 
        made by this Act, the pre-existing burden of external debt of 
        sub-Saharan African countries must be eliminated.
            (B) This fresh start will allow operation of local credit 
        markets and eliminate distortions currently hindering 
        development in sub-Saharan Africa.
            (2) The cancellation of debt provisions contained in this 
        title, and amendments made by this title, shall serve to help 
        establish a more level playing field on which sub-Saharan 
        African countries may move forward under the provisions of this 
        Act.

SEC. 102. 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.--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 603 of the Human Rights, 
Opportunity, Partnership, and Empowerment for Africa Act as a result 
of--
            ``(1) concessional loans made or credits extended under any 
        provision of law, including the provisions of law described in 
        subsection (b)(1); and
            ``(2) nonconcessional loans made, guarantees issued, or 
        credits extended under any of provisions of law, including the 
        provisions of law described in subsection (b)(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)(i) Section 201 of the Agricultural Trade Act 
                of 1978 (7 U.S.C. 5621).
                    ``(ii) Section 202 of such Act (7 U.S.C. 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 THE 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 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. 103. 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 
provided loans, guarantees, or credits to the government of a sub-
Saharan African country (and such loans, guarantees, or credits are 
outstanding) 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 the 
enactment of this Act, the Secretary of State shall prepare and submit 
to the Congress a report containing--
            (1) a description of each written notification provided to 
        foreign governments under the first sentence of subsection (a);
            (2) a description of the response of each such foreign 
        government to such 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. 104. ADVOCACY OF CANCELLATION OF DEBT OWED TO THE INTERNATIONAL 
              MONETARY FUND AND THE INTERNATIONAL BANK FOR 
              RECONSTRUCTION AND DEVELOPMENT BY SUB-SAHARAN AFRICAN 
              COUNTRIES.

    Title XVI of the International Financial Institutions Act (22 
U.S.C. 262c-262p-5) is amended by redesignating section 1622 as section 
1623 and by inserting after section 1621 the following:

``SEC. 1622. ADVOCACY OF 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.--The Secretary of Treasury shall instruct the 
United States Executive Directors at 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 (as defined in section 603 of 
        the Human Rights, Opportunity, Partnership, and Empowerment for 
        Africa Act) to such institution; and
            ``(2) encourage each country benefiting 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.
    ``(b) Advocacy of Policy to Prevent Sub-Saharan African Countries 
From Paying More Than 5 Percent of Annual Export Earnings for Debt 
Service on IMF or World Bank Loans.--The Secretary of Treasury shall 
instruct the United States Executive Directors at the International 
Monetary Fund and the International Bank for Reconstruction and 
Development, until their respective institutions have fully and 
unconditionally canceled all debts owed to such institutions by any 
country in sub-Saharan Africa (within the meaning of subsection (a)(1)) 
to use the voice, vote, and influence of the United States to advocate 
that their respective institutions not be party to, and that no future 
loan from their respective institutions 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 the enactment of this section or any anniversary of such date, to 
pay an amount exceeding 5 percent of the annual export earnings of the 
country during the year toward the servicing of foreign loans.
    ``(c) Advocacy Methods.--The Secretary of Treasury shall instruct 
the United States Executive Directors at the International Monetary 
Fund and the International Bank for Reconstruction and Development to 
carry out such instructions by all appropriate means, including by 
letter to the country representative members governing bodies of their 
respective institutions, and by requesting formal votes on these 
matters.
    ``(d) Report.--Within 1 year after the date of the enactment of 
this section, the Secretary of the Treasury shall submit to the 
Committees on International Relations and on Banking and Financial 
Services of the House of Representatives and the Committees on Foreign 
Relations of the Senate a report that contains--
            ``(1) a description of the response by foreign governments 
        to the policies advocated pursuant to this section;
            ``(2) the result of any votes taken pursuant to requests 
        made under subsection (c);
            ``(3) the amount (if any) owed to the United States by any 
        country opposing any such policy; and
            ``(4) a copy of the letter referred to in subsection 
        (c).''.

SEC. 105. CANCELLATION OF DEBT OWED TO UNITED STATES LENDERS BY SUB-
              SAHARAN AFRICAN COUNTRIES.

    (a) Report.--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 
such country, the face value and market value of the debt, and the 
amount of interest paid to date on the debt.
    (b) Acquisition of the Debt by the United States.--Not later than 
September 1, 2000, the Secretary of the Treasury shall acquire each 
debt obligation owed to any United States person by any country in sub-
Saharan Africa. It is the sense of the Congress that the price at which 
such an obligation is acquired should be the market value of the debt 
obligation as of January 1, 1999.
    (c) Debt Cancellation.--On the acquisition of a debt obligation 
pursuant to this section, the debt obligation is hereby canceled.

SEC. 106. STUDY ON REPAYMENT OF DEBT IN LOCAL CURRENCIES BY SUB-SAHARAN 
              AFRICAN COUNTRIES.

    Section 603 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (as contained in section 
101(d) of division A of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999) is amended--
            (1) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) the viability and desirability of having each 
        indebted country in sub-Saharan Africa (as defined in section 
        603 of the Human Rights, Opportunity, Partnership, and 
        Empowerment for Africa Act) 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. 107. ALLOCATION OF PERCENTAGE OF NATIONAL BUDGETS OF SUB-SAHARAN 
              AFRICAN COUNTRIES FOR BASIC SERVICES.

    The Secretary of State shall encourage the government of each sub-
Saharan African country to allocate 20 percent of its national budget, 
including the savings from the cancellation of debt owed by the country 
to the United States (pursuant to part VI of the Foreign Assistance Act 
of 1961, as added by section 102 of this Act), to other foreign 
countries (as called for in section 103 of this Act), to the 
International Monetary Fund and the International Bank for 
Reconstruction and Development (as called for in section 1622 of the 
International Financial Institutions Act, as added by section 104 of 
this Act), and to United States persons (as called for in section 105 
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 such government 
should seek input from appropriate nongovernmental organizations.

SEC. 108. SENSE OF THE CONGRESS RELATING TO LEVEL OF INTERIM DEBT 
              PAYMENTS PRIOR TO FULL DEBT CANCELLATION BY SUB-SAHARAN 
              AFRICAN COUNTRIES.

    It is the sense of the 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 102 of this Act), to other 
foreign countries (as called for in section 103 of this Act), and to 
United States persons (as called for in section 105 of this Act), each 
sub-Saharan African country should not, in making debt payments 
described in the prior provisions of law, 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 prior calendar year.

       TITLE II--TRADE PROVISIONS RELATING TO SUB-SAHARAN AFRICA

SEC. 201. ENCOURAGING MUTUALLY BENEFICIAL TRADE AND INVESTMENT.

    (a) Findings.--The 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 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. Indeed, exclusive focus on 
        this sector may create incentives for investment in Africa in a 
        sector that will become uncompetitive for Africa when the quota 
        system terminates and Chinese textile and apparel production 
        predominates world markets.
    (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 exports to the United 
        States from Kenya and Mauritius, respectively, not later than 
        30 days after each country demonstrates the following:
                    (A) The country does not engage in significant 
                violations of internationally recognized human rights.
                    (B)(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, 
                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.
                    (C) 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).
                    (D) The cost or value of the textile or apparel 
                product produced in the country, or 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.
                    (E) 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.
                    (F) 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.
            (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 (F) 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 either Kenya or Mauritius is first 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 imports of all 
        textile and apparel products in that product category 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)(B), the Secretary of Labor, 
                        in consultation with the individuals described 
                        in clause (ii), 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) under 
                        such paragraph.
                            (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).
                    (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)(B), 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)(B).
                    (C) Report.--Not later than 6 months after the date 
                of the enactment of this Act, and on an annual basis 
thereafter, the Secretary of Labor shall prepare and submit to the 
Congress a report containing--
                            (i) a description of each determination 
                        made under this paragraph during the preceding 
                        year; and
                            (ii) a description of the position taken by 
                        each of the individuals described in 
                        subparagraph (A)(ii) with respect to each such 
                        determination.
            (6) Report.--The President shall publish in the Federal 
        Register and submit to the Congress, not later than March 31 of 
        each year, a report on the growth in textiles and apparel 
        exports to the United States from countries in sub-Saharan 
        Africa in order to 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 (F) of subsection (b)(1) and 
(d) and that is imported directly into the United States from such sub-
Saharan African country if the business enterprise, or a subcontractor 
of the enterprise, producing the product is in compliance with the 
following:
            (1) Citizens of 1 or more sub-Saharan African countries own 
        not less than 51 percent of such 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 shall 
        comply 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 export 
        textile and apparel goods to 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 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 
                        such 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, in addition 
                        shall be prosecuted as an offense 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 prosecuted as 
                        an offense 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.--The failure of a country to 
                undertake the measures or the cooperation required by 
                this section shall result in an automatic imposition of 
                a quota, based on the first 12 of the prior 24 months 
                of shipments of apparel or textile product category or 
                categories involved, or the imposition of duty on 
                apparel or textile products, as necessary 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 law, 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.--The Customs 
        Service shall monitor and the Commissioner of Customs shall 
        submit to the Congress, not later than March 31 of each year, a 
        report on the measures taken by countries in sub-Saharan Africa 
        which export textiles or apparel goods to the United States to 
        prevent transshipment as provided in this section and 
        circumvention of this section or of any agreement regulating 
        trade in textiles and apparel between that country and the 
        United States.
    (d) Definition.--For purposes of this section, the term ``Agreement 
on Textiles and Clothing'' means the Agreement on Textiles and Clothing 
referred to in section 101(d)(4) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(d)(4)).

SEC. 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)(aa) An article described in this 
                        subclause is an article set forth in paragraph 
                        (1) of subsection (b), or an article set forth 
                        in the product list of the Lome Treaty, 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 Human Rights, 
                        Opportunity, Partnership, and Empowerment for 
                        Africa Act, 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 
                        imports from sub-Saharan African countries. 
                        This subparagraph shall not affect the 
                        designation of eligible articles under 
                        subparagraph (B).
                            ``(bb) 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 
                        manufacures 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, then 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 (F) of section 201(b)(1) and section 
                        201(d) of the Human Rights, Opportunity, 
                        Partnership, and Empowerment for Africa Act, 
                        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) Rules of Origin.--Section 503(a)(2) of the Trade Act of 1974 
(19 U.S.C. 2463(a)(2)) is amended by adding at the end the following:
                    ``(C) Eligible countries in sub-saharan africa.--
                For purposes of determining the percentage referred to 
                in subparagraph (A) in the case of an article of a sub-
                Saharan African country that is a beneficiary 
                developing country--
                            ``(i) if the cost or value of materials 
                        produced in the customs territory of the United 
                        States is included with respect to that 
                        article, an amount not to exceed 15 percent of 
                        the appraised value of the article at the time 
                        it is entered that is attributed to such United 
                        States cost or value may be applied toward 
                        determining the percentage referred to in 
                        subparagraph (A); and
                            ``(ii) the cost or value of the materials 
                        included with respect to that article that are 
                        produced in any beneficiary developing country 
                        that is a sub-Saharan African country shall be 
                        applied in determining such percentage.''.
    (c) Extension of Program.--Section 505 of the Trade Act of 1974 (19 
U.S.C. 2465) is amended to read as follows:

``SEC. 505. DATE OF TERMINATION.

    ``(a) Sub-Saharan African Countries.--No duty-free treatment 
provided under this title shall remain in effect after June 30, 2005, 
with respect to beneficiary developing countries that are sub-Saharan 
African countries.
    ``(b) Other Countries.--No duty-free treatment provided under this 
title shall remain in effect after June 30, 1999, with respect to 
beneficiary developing countries other than those provided for in 
subsection (a).''.
    (e) Definition.--Section 507 of the Trade Act of 1974 (19 U.S.C. 
2467) is amended by adding at the end the following:
            ``(6) Sub-saharan african country.--The term `sub-Saharan 
        African country' and `sub-Saharan African countries' mean a 
        country or countries in sub-Saharan Africa, as defined in 
        section 603 of the Human Rights, Opportunity, Partnership, and 
        Empowerment for Africa Act.''.
    (f) Effective Date.--The amendments made by this section take 
effect on July 1, 1999.

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 he or she lives 
or in any other appropriate district to seek compliance with the 
standards set forth under subparagraphs (A) through (F) 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 (F) 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.

    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. MINIMUM LEVELS OF ASSISTANCE FOR CERTAIN CRITICAL SECTORS.

    Section 496(j) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2293(j)) is amended--
            (1) in the matter preceding paragraph (1), by striking ``10 
        percent'' and inserting ``15 percent'';
            (2) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively;
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) The activities described in subsection (i)(1)(A).'';
            (4) in paragraph (2) (as redesignated), by striking ``, 
        including identifiable components of agricultural production 
        projects''; and
            (5) by adding at the end the following:
            ``(5) The activities described in subsection (i)(4).''.

SEC. 306. 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 the 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. 307. AUTHORIZATION OF APPROPRIATIONS FOR DEVELOPMENT FUND FOR 
              AFRICA.

    (a) In General.--Section 497 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2294) is amended by inserting before the first sentence the 
following: ``There is authorized to be appropriated to carry out this 
chapter for fiscal year 2000 and each subsequent year an amount not 
less than the amount appropriated to carry out this chapter for fiscal 
year 1994.''.
    (b) Additional Requirement.--Amounts appropriated under the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act 
pursuant to the authorization of appropriations established under the 
first sentence of section 497 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2294), as added by subsection (a), 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.--The Overseas Private Investment 
Corporation shall, not later than 12 months after the date of the 
enactment of this Act, 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 the 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), including 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 the 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 is amended by 
adding at the end the following:
    ``(e) Advisory Committee.--
            ``(1) Establishment.--The Board shall establish and work 
        with an advisory committee to assist the Board in developing 
        and implementing policies, programs, and financial instruments 
        with respect to sub-Saharan Africa, including with respect to 
        equity and infrastructure funds established under title IV of 
        the Human Rights, Opportunity, Partnership, and Empowerment for 
        Africa Act.
            ``(2) Membership.--
                    ``(A) In general.--The advisory committee 
                established under paragraph (1) shall consist of 15 
                members, of which 7 members shall be employees of the 
                United States Government and 8 members shall be 
                representatives of the private sector.
                    ``(B) Appointment.--The members of the advisory 
                committee shall be appointed as follows:
                            ``(i) The Speaker and Minority Leader of 
                        the House of Representatives and the Majority 
                        and Minority Leaders of the Senate shall each 
                        appoint 2 members who are representatives of 
                        the private sector and 1 member who is an 
                        employee of the United States Government.
                            ``(ii) The Speaker and Minority Leader of 
                        the House of Representatives and the Majority 
                        and Minority Leaders of the Senate shall 
                        jointly appoint the remaining 3 members who are 
                        employees of the United States Government.
                    ``(C) Additional requirements.--Of the 8 members of 
                advisory committee who are representatives of the 
                private sector--
                            ``(i) at least 4 members shall be 
                        representatives of not-for-profit public 
                        interest organizations;
                            ``(ii) at least 1 member shall be a 
                        representative of an organization with 
                        expertise in development issues;
                            ``(iii) at least 1 member shall be a 
                        representative of an organization with 
                        expertise in human rights issues;
                            ``(iv) at least 1 member shall be a 
                        representative of an organization with 
                        expertise in environmental issues; and
                            ``(v) at least 1 member shall be a 
                        representative of an organization with 
                        expertise in international labor rights.
                    ``(D) Terms.--Each member of the advisory committee 
                shall be appointed for a term of 2 years.
            ``(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 carry out environmental impact assessments 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 603 of the 
Human Rights, Opportunity, Partnership, and Empowerment for Africa 
Act):
                    ``(A) The Bank 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 members of the advisory committee shall 
                be appointed as follows:
                            ``(i) The Speaker and Minority Leader of 
                        the House of Representatives and the Majority 
                        and Minority Leaders of the Senate shall each 
                        appoint 2 members who are representatives of 
                        the private sector and 1 member who is an 
                        officer or employee of the Federal Government.
                            ``(ii) The Speaker and Minority Leader of 
                        the House of Representatives and the Majority 
                        and Minority Leaders of the Senate shall 
                        jointly appoint the remaining 3 members who are 
                        officers or employees of the Federal 
                        Government.
                    ``(C)(i) At least half of the members of the 
                advisory committee who are representatives of the 
                private sector shall be representatives of not-for-
                profit public interest organizations.
                    ``(ii) At least 1 of such private sector 
                representatives shall be a representative of an 
                organization with expertise in development issues.
                    ``(iii) At least 1 of such private sector 
                representatives shall be a representative of an 
                organization with expertise in human rights.
                    ``(iv) At least 1 of such private sector 
                representatives shall be a representative of an 
                organization with expertise in environmental issues.
                    ``(v) At least 1 of such private sector 
                representatives shall have expertise in international 
                labor rights.
                    ``(D) Each member of the advisory committee shall 
                serve for a term of 2 years.
                    ``(E)(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.
                    ``(F) Meetings of the advisory committee shall be 
                open to the public.
                    ``(G) 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.
                    ``(H) The Bank shall complete and release to the 
                public an environmental impact assessment 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.
                    ``(I) Section 14(a)(2) of the Federal Advisory 
                Committee Act shall not apply to the advisory 
                committee.''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. REQUIREMENTS RELATING TO SUB-SAHARAN AFRICA INTELLECTUAL 
              PROPERTY AND COMPETITION LAW.

    Funds appropriated or otherwise made available to any department or 
agency of the United States may not be used 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 and such 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. 602. REVIEW AND REPORTING REQUIREMENTS.

    (a) Review.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the President shall, through 
        publication in the Federal Register, provide notice and 
        opportunity to the public for comments on the success or 
        failure of the implementation of this Act, or any amendments 
        made by this Act.
            (2) Public availability.--Any comments received under 
        paragraph (1) shall be published in the Federal Register.
    (b) Reports.--Not later than 4 years after the date of the 
enactment of this Act, the President shall prepare and transmit to the 
Congress a report containing the public comments received under section 
701.

SEC. 603. 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 Botswana (Botswana)
            Republic of Burundi (Burundi)
            Republic of Cape Verde (Cape Verde)
            Republic of Chad (Chad)
            Democratic Republic of Congo
            Republic of the Congo (Congo)
            Republic of Djibouti (Djibouti)
            State of Eritrea (Eritrea)
            Gabonese Republic (Gabon)
            Republic of Ghana (Ghana)
            Republic of Guinea-Bissau (Guinea-Bissau)
            Kingdom of Lesotho (Lesotho)
            Republic of Madagascar (Madagascar)
            Republic of Mali (Mali)
            Republic of Mauritius (Mauritius)
            Republic of Namibia (Namibia)
            Federal Republic of Nigeria (Nigeria)
            Democratic Republic of Sao Tome and Principe (Sao Tome and 
        Principe)
            Republic of Sierra Leone (Sierra Leone)
            Somalia
            Kingdom of Swaziland (Swaziland)
            Republic of Togo (Togo)
            Republic of Zimbabwe (Zimbabwe)
            Republic of Benin (Benin)
            Burkina Faso (Burkina)
            Republic of Cameroon (Cameroon)
            Central African Republic
            Federal Islamic Republic of the Comorors (Comoros)
            Republic of Cote d'Ivoire (Cote d'Ivoire)
            Republic of Equatorial Guinea (Equatorial Guinea)
            Ethiopia
            Republic of the Gambia (Gambia)
            Republic of Guinea (Guinea)
            Republic of Kenya (Kenya)
            Republic of Liberia (Liberia)
            Republic of Malawi (Malawi)
            Islamic Republic of Mauritania (Mauritania)
            Republic of Mozambique (Mozambique)
            Republic of Niger (Niger)
            Republic of Rwanda (Rwanda)
            Republic of Senegal (Senegal)
            Repulbic of Seychelles (Seychelles)
            Republic of South Africa (South Africa)
            Republic of Sudan (Sudan)
            United Republic of Tanzania (Tanzania)
            Republic of Uganda (Uganda)
            Republic of Zambia (Zambia)
                                 <all>
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