H. R. 434
One Hundred Sixth Congress
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the
twenty-fourth day of January, two thousand
TITLE I—EXTENSION OF CERTAIN TRADE
BENEFITS TO SUB-SAHARAN AFRICA
Subtitle A—Trade Policy for
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘African Growth and
SEC. 102. FINDINGS.
Congress finds that—
(1) it is in the mutual interest of the
United States and the countries of sub-Saharan Africa to promote stable
and sustainable economic growth and development in sub-Saharan Africa;
(2) the 48 countries of sub-Saharan Africa
form a region richly endowed with both natural and human resources;
(3) sub-Saharan Africa represents a region
of enormous economic potential and of enduring political significance to
the United States;
(4) the region has experienced the
strengthening of democracy as countries in sub-Saharan Africa have taken
steps to encourage broader participation in the political process;
(5) certain countries in sub-Saharan Africa
have increased their economic growth rates, taken significant steps
towards liberalizing their economies, and made progress toward regional
economic integration that can have positive benefits for the region;
(6) despite those gains, the per capita
income in sub-Saharan Africa averages approximately $500 annually;
(7) trade and investment, as the American
experience has shown, can represent powerful tools both for economic
development and for encouraging broader participation in a political
process in which political freedom can flourish;
(8) increased trade and investment flows
have the greatest impact in an economic environment in which trading
partners eliminate barriers to trade and capital flows and encourage the
development of a vibrant private sector that offers individual African
citizens the freedom to expand their economic opportunities and provide
for their families;
(9) offering the countries of sub-Saharan
Africa enhanced trade preferences will encourage both higher levels of
trade and direct investment in support of the positive economic and
political developments under way throughout the region; and
(10) encouraging the reciprocal reduction
of trade and investment barriers in Africa will enhance the benefits of
trade and investment for the region as well as enhance commercial and
political ties between the United States and sub-Saharan Africa.
SEC. 103. STATEMENT OF POLICY.
(1) encouraging increased trade and
investment between the United States and sub-Saharan Africa;
(2) reducing tariff and nontariff barriers
and other obstacles to sub-Saharan African and United States trade;
(3) expanding United States assistance to
sub-Saharan Africa’s regional integration efforts;
(4) negotiating reciprocal and mutually
beneficial trade agreements, including the possibility of establishing
free trade areas that serve the interests of both the United States and
the countries of sub-Saharan Africa;
(5) focusing on countries committed to the
rule of law, economic reform, and the eradication of poverty;
(6) strengthening and expanding the private
sector in sub-Saharan Africa, especially enterprises owned by women and
(7) facilitating the development of civil
societies and political freedom in sub-Saharan Africa;
(8) establishing a United
States-Sub-Saharan Africa Trade and Economic Cooperation Forum; and
(9) the accession of the countries in
sub-Saharan Africa to the Organization for Economic Cooperation and
Development (OECD) Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions.
SEC. 104. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—The President is authorized
to designate a sub-Saharan African country as an eligible sub-Saharan
African country if the President determines that the country—
(1) has established, or is making continual
progress toward establishing—
(A) a market-based economy that protects
private property rights, incorporates an open rules-based trading
system, and minimizes government interference in the economy through
measures such as price controls, subsidies, and government ownership
of economic assets;
(B) the rule of law, political pluralism,
and the right to due process, a fair trial, and equal protection under
(C) the elimination of barriers to United
States trade and investment, including by—
(i) the provision of national treatment
and measures to create an environment conducive to domestic and
(ii) the protection of intellectual
(iii) the resolution of bilateral trade
and investment disputes;
(D) economic policies to reduce poverty,
increase the availability of health care and educational
opportunities, expand physical infrastructure, promote the development
of private enterprise, and encourage the formation of capital markets
through micro-credit or other programs;
(E) a system to combat corruption and
bribery, such as signing and implementing the Convention on Combating
Bribery of Foreign Public Officials in International Business
(F) protection of internationally
recognized worker rights, including the right of association, the
right to organize and bargain collectively, a prohibition on the use
of any form of forced or compulsory labor, a minimum age for the
employment of children, and acceptable conditions of work with respect
to minimum wages, hours of work, and occupational safety and health;
(2) does not engage in activities that
undermine United States national security or foreign policy interests;
(3) does not engage in gross violations of
internationally recognized human rights or provide support for acts of
inter-national terrorism and cooperates in international efforts to
eliminate human rights violations and terrorist activities.
(b) CONTINUING COMPLIANCE.—If the President
determines that an eligible sub-Saharan African country is not making
continual progress in meeting the requirements described in subsection
(a)(1), the President shall terminate the designation of the country made
pursuant to subsection (a).
SEC. 105. UNITED STATES-SUB-SAHARAN AFRICA TRADE
AND ECONOMIC COOPERATION FORUM.
(a) DECLARATION OF POLICY.—The President
shall convene annual high-level meetings between appropriate officials of
the United States Government and officials of the governments of
sub-Saharan African countries in order to foster close economic ties
between the United States and sub-Saharan Africa.
(b) ESTABLISHMENT.—Not later than 12 months
after the date of the enactment of this Act, the President, after
consulting with Congress and the governments concerned, shall establish a
United States-Sub-Saharan Africa Trade and Economic Cooperation Forum (in
this section referred to as the ‘‘Forum’’).
(c) REQUIREMENTS.—In creating the Forum, the
President shall meet the following requirements:
(1) The President shall direct the
Secretary of Commerce, the Secretary of the Treasury, the Secretary of
State, and the United States Trade Representative to host the first
annual meeting with their counterparts from the governments of
sub-Saharan African countries eligible under section 104, and those
sub-Saharan African countries that the President determines are taking
substantial positive steps towards meeting the eligibility requirements
in section 104. The purpose of the meeting shall be to discuss expanding
trade and investment relations between the United States and sub-Saharan
Africa and the implementation of this title including encouraging joint
ventures between small and large businesses. The President shall also
direct the Secretaries and the United States Trade Representative to
invite to the meeting representatives from appropriate sub-Saharan
African regional organizations and government officials from other
appropriate countries in sub-Saharan Africa.
(2)(A) The President, in consultation with
the Congress, shall encourage United States nongovernmental
organizations to host annual meetings with nongovernmental organizations
from sub-Saharan Africa in conjunction with the annual meetings of
the Forum for the purpose of discussing the issues described in
(B) The President, in consultation with the
Congress, shall encourage United States representatives of the private
sector to host annual meetings with representatives of the private
sector from sub-Saharan Africa in conjunction with the annual meetings
of the Forum for the purpose of discussing the issues described in
(3) The President shall, to the extent
practicable, meet with the heads of governments of sub-Saharan African
countries eligible under section 104, and those sub-Saharan African
countries that the President determines are taking substantial positive
steps toward meeting the eligibility requirements in section 104, not
less than once every 2 years for the purpose of discussing the issues
described in paragraph (1). The first such meeting should take place not
later than 12 months after the date of the enactment of this Act.
(d) DISSEMINATION OF INFORMATION BY USIS.—In
order to assist in carrying out the purposes of the Forum, the United
States Information Service shall disseminate regularly, through multiple
media, economic information in support of the free market economic reforms
described in this title.
(e) HIV/AIDS EFFECT ON THE SUB-SAHARAN
AFRICAN WORKFORCE.—In selecting issues of common interest to the United
States-Sub-Saharan Africa Trade and Economic Cooperation Forum, the
President shall instruct the United States delegates to the Forum to
promote a review by the Forum of the HIV/AIDS epidemic in each sub-Saharan
African country and the effect of the HIV/ AIDS epidemic on economic
development in each country.
SEC. 106. REPORTING REQUIREMENT.
The President shall submit to the Congress, not
later than 1 year after the date of the enactment of this Act, and
annually thereafter through 2008, a comprehensive report on the trade and
investment policy of the United States for sub-Saharan Africa, and
on the implementation of this title and the amendments made by this title.
SEC. 107. SUB-SAHARAN AFRICA DEFINED.
For purposes of this title, the terms ‘‘sub-Saharan
Africa’’, ‘‘sub-Saharan African country’’, ‘‘country in sub-Saharan
Africa’’, and ‘‘countries in sub-Saharan Africa’’ refer to the following
or any successor political entities:
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 Comoros (Comoros).
Democratic Republic of Congo.
Republic of the Congo (Congo).
Republic of Côte d’Ivoire (Côte d’Ivoire).
Republic of Djibouti (Djibouti).
Republic of Equatorial Guinea (Equatorial Guinea).
State of Eritrea (Eritrea).
Gabonese Republic (Gabon).
Republic of the Gambia (Gambia).
Republic of Ghana (Ghana).
Republic of Guinea (Guinea).
Republic of Guinea-Bissau (Guinea-Bissau).
Republic of Kenya (Kenya).
Kingdom of Lesotho (Lesotho).
Republic of Liberia (Liberia).
Republic of Madagascar (Madagascar).
Republic of Malawi (Malawi).
Republic of Mali (Mali).
Islamic Republic of Mauritania (Mauritania).
Republic of Mauritius (Mauritius).
Republic of Mozambique (Mozambique).
Republic of Namibia (Namibia).
Republic of Niger (Niger).
Federal Republic of Nigeria (Nigeria).
Republic of Rwanda (Rwanda).
Democratic Republic of Sao Tomé and Principe (Sao Tomé and Principe).
Republic of Senegal (Senegal).
Republic of Seychelles (Seychelles).
Republic of Sierra Leone (Sierra Leone).
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).