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H. R. 434
One Hundred Sixth Congress
of the
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
(Continued)
Subtitle B—Trade Benefits
SEC. 111. ELIGIBILITY FOR CERTAIN BENEFITS.
(a) IN GENERAL.—Title V of the Trade Act of
1974 is amended by inserting after section 506 the following new section:
‘‘SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR CERTAIN
BENEFITS.
‘‘(a) AUTHORITY TO DESIGNATE.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, the President is authorized to designate a country
listed in section 107 of the African Growth and Opportunity Act as a
beneficiary sub-Saharan African country eligible for the benefits
described in subsection (b)—
‘‘(A) if the President determines that the country
meets the eligibility requirements set forth in section 104 of that Act,
as such requirements are in effect on the date of the enactment of that
Act; and
‘‘(B) subject to the authority granted to the
President under subsections (a), (d), and (e) of section 502, if the
country otherwise meets the eligibility criteria set forth in section
502.
‘‘(2) MONITORING AND REVIEW OF CERTAIN COUNTRIES.—
The President shall monitor, review, and report to Congress annually on
the progress of each country listed in section 107 of the African Growth
and Opportunity Act in meeting the requirements described in paragraph
(1) in order to determine the current or potential eligibility of each
country to be designated as a beneficiary sub-Saharan African country
for purposes of this section. The President’s determinations, and
explanations of such determinations, with specific analysis of the
eligibility requirements described in paragraph (1)(A), shall be
included in the annual report required by section 106 of the African
Growth and Opportunity Act.
‘‘(3) CONTINUING COMPLIANCE.—If the President
determines that a beneficiary sub-Saharan African country is not making
continual progress in meeting the requirements described in paragraph
(1), the President shall terminate the designation of that country as a
beneficiary sub-Saharan African country for purposes of this section,
effective on January 1 of the year following the year in which such
determination is made.
‘‘(b) PREFERENTIAL TARIFF TREATMENT FOR CERTAIN
ARTICLES.—
‘‘(1) IN GENERAL.—The President may provide
duty-free treatment for any article described in section 503(b)(1)(B)
through (G) that is the growth, product, or manufacture of a beneficiary
sub-Saharan African country described in sub-section (a), if, after
receiving the advice of the International Trade Commission in accordance
with section 503(e), the President determines that such article is not
import-sensitive in the context of imports from beneficiary sub-Saharan
African countries.
‘‘(2) RULES OF ORIGIN.—The duty-free treatment
provided under paragraph (1) shall apply to any article described in
that paragraph that meets the requirements of section 503(a)(2), except
that—
‘‘(A) 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) of section 503(a)(2); and
‘‘(B) the cost or value of the materials
included with respect to that article that are produced in one or more
beneficiary sub-Saharan African countries shall be applied in
determining such percentage.
‘‘(c) BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES,
ETC.—
For purposes of this title, the terms ‘beneficiary sub-Saharan African
country’ and ‘beneficiary sub-Saharan African countries’ mean a country or
countries listed in section 107 of the African Growth and Opportunity Act
that the President has determined is eligible under subsection (a) of this
section.’’.
(b) WAIVER OF COMPETITIVE NEED
LIMITATION.—Section 503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C.
2463(c)(2)(D)) is amended to read as follows:
‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVELOPING
COUNTRIES AND BENEFICIARY SUB-SAHARAN AFRICAN COUN-TRIES.— Subparagraph
(A) shall not apply to any least-developed beneficiary developing
country or any beneficiary sub-Saharan African country.’’.
SEC. 112. TREATMENT OF CERTAIN TEXTILES AND
APPAREL.
(a) PREFERENTIAL TREATMENT.—Textile and
apparel articles described in subsection (b) that are imported directly
into the customs territory of the United States from a beneficiary
sub-Saharan African country described in section 506A(c) of the Trade Act
of 1974, shall enter the United States free of duty and free of any
quantitative limitations in accordance with the provisions set forth in
subsection (b), if the country has satisfied the requirements set forth in
section 113.
(b) PRODUCTS COVERED.—The preferential
treatment described in subsection (a) shall apply only to the following
textile and apparel products:
(1) APPAREL ARTICLES ASSEMBLED IN
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES.—Apparel articles assembled in
one or more beneficiary sub-Saharan African countries from fabrics
wholly formed and cut in the United States, from yarns wholly formed in
the United States, (including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603 of the Harmonized
Tariff Schedule of the United States and are wholly formed and cut in
the United States) that are—
(A) entered under subheading 9802.00.80
of the Harmonized Tariff Schedule of the United States; or
(B) entered under chapter 61 or 62 of the
Harmonized Tariff Schedule of the United States, if, after such
assembly, the articles would have qualified for entry under subheading
9802.00.80 of the Harmonized Tariff Schedule of the United States but
for the fact that the articles were embroidered or subjected to
stone-washing, enzyme-washing, acid washing, perma-pressing,
oven-baking, bleaching, garment-dyeing, screen printing, or other
similar processes.
(2) APPAREL ARTICLES CUT AND ASSEMBLED IN
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES.—Apparel articles cut in one
or more beneficiary sub-Saharan African countries from fabric wholly
formed in the United States from yarns wholly formed in the United
States, (including fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the Harmonized Tariff
Schedule of the United States and are wholly formed in the United
States) if such articles are assembled in one or more beneficiary
sub-Saharan African countries with thread formed in the United States.
(3) APPAREL ARTICLES ASSEMBLED FROM
REGIONAL AND OTHER FABRIC.—Apparel articles wholly assembled in one or
more beneficiary sub-Saharan African countries from fabric wholly formed
in one or more beneficiary sub-Saharan African countries from yarn
originating either in the United States or one or more beneficiary
sub-Saharan African countries (including fabrics not formed from yarns,
if such fabrics are classifiable under heading 5602 or 5603 of the
Harmonized Tariff Schedule of the United States and are wholly formed
and cut in one or more beneficiary sub-Saharan African countries),
subject to the following:
(A) LIMITATIONS ON BENEFITS.—
(i) IN GENERAL.—Preferential treatment
under this paragraph shall be extended in the 1-year period beginning
on October 1, 2000, and in each of the seven succeeding 1-year
periods, to imports of apparel articles in an amount not to exceed the
applicable percentage of the aggregate square meter equivalents of all
apparel articles imported into the United States in the preceding
12-month period for which data are avail-able.
(ii) APPLICABLE PERCENTAGE.—For purposes
of this subparagraph, the term ‘‘applicable percentage’’ means 1.5
percent for the 1-year period beginning October 1, 2000, increased in
each of the seven succeeding 1-year periods by equal increments, so
that for the period beginning October 1, 2007, the applicable
percentage does not exceed 3.5 percent.
(B) SPECIAL RULE FOR LESSER DEVELOPED
COUNTRIES.—
(i) IN GENERAL.—Subject to subparagraph
(A), preferential treatment shall be extended through September 30,
2004, for apparel articles wholly assembled in one or more lesser
developed beneficiary sub-Saharan African countries regardless of the
country of origin of the fabric used to make such articles.
(ii) LESSER DEVELOPED BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRY.—For purposes of this subparagraph the
term ‘‘lesser developed beneficiary sub-Saharan African country’’
means a beneficiary sub-Saharan African country that had a per capita
gross national product of less than $1,500 a year in 1998, as measured
by the World Bank.
(C) SURGE MECHANISM.—
(i) IMPORT MONITORING.—The Secretary of Commerce shall monitor
imports of articles described in this paragraph on a monthly basis to
determine if there has been a surge in imports of such articles.
In order to permit public access to preliminary international trade
data and to facilitate the early identification of potentially
disruptive import surges, the Director of the Office of Management and
Budget may grant an exception to the publication dates established for
the release of data on United States international trade in covered
articles, if the Director notifies Congress of the early release of
the data.
(ii) DETERMINATION OF DAMAGE OR THREAT
THEREOF.—Whenever the Secretary of Commerce determines, based on the
data described in clause (i), or pursuant to a written request made by
an interested party, that there has been a surge in imports of an
article described in this paragraph from a beneficiary sub-Saharan
African country, the Secretary shall determine whether such article
from such country is being imported in such increased quantities as to
cause serious damage, or threat thereof, to the domestic industry
producing a like or directly competitive article. If the Secretary’s
determination is affirmative, the President shall suspend the
duty-free treatment provided for such article under this paragraph. If
the inquiry is initiated at the request of an interested party, the
Secretary shall make the determination within 60 days after the date
of the request.
(iii) FACTORS TO CONSIDER.—In determining
whether a domestic industry has been seriously dam-aged, or is
threatened with serious damage, the Secretary shall examine the effect
of the imports on relevant economic indicators such as domestic
production, sales, market share, capacity utilization, inventories,
employment, profits, exports, prices, and investment.
(iv) PROCEDURE.—
(I) INITIATION.—The Secretary of
Commerce shall initiate an inquiry within 10 days after receiving a
written request and supporting information for an inquiry from an
interested party. Notice of initiation of an inquiry shall be
published in the Federal Register.
(II) PARTICIPATION BY INTERESTED
PARTIES.— The Secretary of Commerce shall establish procedures to
ensure participation in the inquiry by interested parties.
(III) NOTICE OF DETERMINATION.—The
Secretary shall publish the determination described in clause (ii)
in the Federal Register.
(IV) INFORMATION AVAILABLE.—If relevant
information is not available on the record or any party withholds
information that has been requested by the Secretary, the Secretary
shall make the determination on the basis of the facts available.
When the Secretary relies on information submitted in the inquiry as
facts available, the Secretary shall, to the extent practicable,
corroborate the information from independent sources that are
reasonably available to the Secretary.
(v) INTERESTED PARTY.—For purposes of
this subparagraph, the term ‘‘interested party’’ means any producer of
a like or directly competitive article, a certified union or
recognized union or group of workers which is representative of an
industry engaged in the manufacture, production, or sale in the United
States of a like or directly competitive article, a trade or business
association representing producers or sellers of like or directly
competitive articles, producers engaged in the production of essential
inputs for like or directly competitive articles, a certified union or
group of workers which is representative of an industry engaged in the
manufacture, production, or sale of essential inputs for the like or
directly competitive article, or a trade or business association
representing companies engaged in the manufacture, production, or sale
of such essential inputs.
(4) SWEATERS KNIT-TO-SHAPE FROM CASHMERE OR
MERINO WOOL.—
(A) CASHMERE.—Sweaters, in chief weight
of cashmere, knit-to-shape in one or more beneficiary sub-Saharan
African countries and classifiable under subheading 6110.10 of the
Harmonized Tariff Schedule of the United States.
(B) MERINO WOOL.—Sweaters, 50 percent or
more by weight of wool measuring 18.5 microns in diameter or finer,
knit-to-shape in one or more beneficiary sub-Saharan African
countries.
(5) APPAREL ARTICLES WHOLLY ASSEMBLED FROM
FABRIC OR YARN NOT AVAILABLE IN COMMERCIAL QUANTITIES IN THE UNITED
STATES.—
(A) IN GENERAL.—Apparel articles that are
both cut (or knit-to-shape) and sewn or otherwise assembled in one or
more beneficiary sub-Saharan African countries, from fabric or yarn
that is not formed in the United States or a beneficiary sub-Saharan
African country, to the extent that apparel articles of such fabrics
or yarns would be eligible for preferential treatment, without regard
to the source of the fabric or yarn, under Annex 401 to the NAFTA.
(B) ADDITIONAL APPAREL ARTICLES.—At the
request of any interested party and subject to the following
requirements, the President is authorized to proclaim the treatment
provided under subparagraph (A) for yarns or fabrics not described in
subparagraph (A) if—
(i) the President determines that such
yarns or fabrics cannot be supplied by the domestic industry in
commercial quantities in a timely manner;
(ii) the President has obtained advice
regarding the proposed action from the appropriate advisory
committee established under section 135 of the Trade Act of 1974 (19
U.S.C. 2155) and the United States Inter-national Trade Commission;
(iii) within 60 calendar days after the
request, the President has submitted a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth—
(I) the action proposed to be
proclaimed and the reasons for such action; and
(II) the advice obtained under clause
(ii);
(iv) a period of 60 calendar days,
beginning with the first day on which the President has met the
requirements of subclauses (I) and (II) of clause (iii), has
expired; and
(v) the President has consulted with
such committees regarding the proposed action during the period
referred to in clause (iii).
(6) HANDLOOMED, HANDMADE, AND FOLKLORE
ARTICLES.— A handloomed, handmade, or folklore article of a beneficiary
sub-Saharan African country or countries that is certified as such by
the competent authority of such beneficiary country or countries. For
purposes of this paragraph, the President, after consultation with the
beneficiary sub-Saharan African country or countries concerned, shall
determine which, if any, particular textile and apparel goods of the
country (or countries) shall be treated as being handloomed, handmade,
or folklore articles.
(c) TREATMENT OF QUOTAS ON TEXTILE AND
APPAREL IMPORTS FROM KENYA AND MAURITIUS.—The President shall eliminate
the existing quotas on textile and apparel articles imported into the
United States—
(1) from Kenya within 30 days after that
country adopts an effective visa system to prevent unlawful
transshipment of textile and apparel articles and the use of counterfeit
documents relating to the importation of the articles into the United
States; and
(2) from Mauritius within 30 days after
that country adopts such a visa system.
The Customs Service shall provide the necessary
technical assistance to Kenya and Mauritius in the development and
implementation of the visa systems.
(d) SPECIAL RULES.—
(1) FINDINGS AND TRIMMINGS.—
(A) GENERAL RULE.—An article otherwise
eligible for preferential treatment under this section shall not be
ineligible for such treatment because the article contains findings or
trimmings of foreign origin, if the value of such findings and
trimmings do not exceed 25 percent of the cost of the components of
the assembled article.
Examples of findings and trimmings are sewing thread, hooks and eyes,
snaps, buttons, ‘‘bow buds’’, decorative lace trim, elastic strips,
and zippers, including zipper tapes and labels. Elastic strips are
considered findings or trimmings only if they are each less than 1
inch in width and used in the production of brassieres.
(B) CERTAIN INTERLININGS.—
(i) GENERAL RULE.—An article otherwise
eligible for preferential treatment under this section shall not be
ineligible for such treatment because the article contains certain
interlinings of foreign origin, if the value of such interlinings
(and any findings and trimmings) does not exceed 25 percent of the
cost of the components of the assembled article.
(ii) INTERLININGS
DESCRIBED.—Interlinings eligible for the treatment described in
clause (i) include only a chest type plate, a ‘‘hymo’’ piece, or
‘‘sleeve header’’, of woven or weft-inserted warp knit construction
and of coarse animal hair or man-made filaments.
(iii) TERMINATION OF TREATMENT.—The
treatment described in this subparagraph shall terminate if the
President makes a determination that United States manufacturers are
producing such interlinings in the United States in commercial
quantities.
(C) EXCEPTION.—In the case of an article
described in subsection (b)(2), sewing thread shall not be treated as
findings or trimmings under subparagraph (A).
(2) DE MINIMIS RULE.—An article otherwise
eligible for preferential treatment under this section shall not be
ineligible for such treatment because the article contains fibers or
yarns not wholly formed in the United States or one or more beneficiary
sub-Saharan African countries if the total weight of all such fibers and
yarns is not more than 7 percent of the total weight of the article.
(e) DEFINITIONS.—In this section and section
113:
(1) AGREEMENT ON TEXTILES AND CLOTHING.—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)).
(2) BENEFICIARY SUB-SAHARAN AFRICAN
COUNTRY, ETC.— The terms ‘‘beneficiary sub-Saharan African country’’ and
‘‘beneficiary sub-Saharan African countries’’ have the same meaning as
such terms have under section 506A(c) of the Trade Act of 1974.
(3) NAFTA.—The term ‘‘NAFTA’’ means the
North American Free Trade Agreement entered into between the United
States, Mexico, and Canada on December 17, 1992.
(f ) EFFECTIVE DATE.—This section takes
effect on October 1, 2000, and shall remain in effect through September
30, 2008.
SEC. 113. PROTECTIONS AGAINST TRANSSHIPMENT.
(a) PREFERENTIAL TREATMENT CONDITIONED ON
ENFORCEMENT MEASURES.—
(1) IN GENERAL.—The preferential treatment
under section 112(a) shall not be provided to textile and apparel
articles that are imported from a beneficiary sub-Saharan African
country unless that country—
(A) has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to covered
articles to prevent unlawful transshipment of the articles and the use
of counterfeit documents relating to the importation of the articles
into the United States;
(B) has enacted legislation or
promulgated regulations that would permit United States Customs
Service verification teams to have the access necessary to investigate
thoroughly allegations of transshipment through such country;
(C) agrees to report, on a timely basis,
at the request of the United States Customs Service, on the total
exports from and imports into that country of covered articles,
consistent with the manner in which the records are kept by that
country;
(D) will cooperate fully with the United
States to address and take action necessary to prevent circumvention
as provided in Article 5 of the Agreement on Textiles and Clothing;
(E) agrees to require all producers and
exporters of covered articles in that country to maintain complete
records of the production and the export of covered articles,
including materials used in the production, for at least 2 years after
the production or export (as the case may be); and
(F) agrees to report, on a timely basis,
at the request of the United States Customs Service, documentation
establishing the country of origin of covered articles as used by that
country in implementing an effective visa system.
(2) COUNTRY OF ORIGIN DOCUMENTATION.—For
purposes of paragraph (1)(F), documentation regarding the country of
origin of the covered articles includes documentation such as production
records, information relating to the place of production, the number and
identification of the types of machinery used in production, the number
of workers employed in production, and certification from both the
manufacturer and the exporter.
(b) CUSTOMS PROCEDURES AND ENFORCEMENT.—
(1) IN GENERAL.—
(A) REGULATIONS.—Any importer that claims
preferential treatment under section 112 shall comply with customs
procedures similar in all material respects to the requirements of
Article 502(1) of the NAFTA as implemented pursuant to United States
law, in accordance with regulations promulgated by the Secretary of
the Treasury.
(B) DETERMINATION.—
(i) IN GENERAL.—In order to qualify for
the preferential treatment under section 112 and for a Certificate
of Origin to be valid with respect to any article for which such
treatment is claimed, there shall be in effect a determination by
the President that each country described in clause (ii)—
(I) has implemented and follows; or
(II) is making substantial progress
toward implementing and following, procedures and requirements
similar in all material respects to the relevant procedures and
requirements under chapter 5 of the NAFTA.
(ii) COUNTRY DESCRIBED.—A country is
described in this clause if it is a beneficiary sub-Saharan African
country—
(I) from which the article is
exported; or
(II) in which materials used in the
production of the article originate or in which the article or
such materials, undergo production that contributes to a claim
that the article is eligible for preferential treatment.
(2) CERTIFICATE OF ORIGIN.—The Certificate
of Origin that otherwise would be required pursuant to the provisions of
paragraph (1) shall not be required in the case of an article imported
under section 112 if such Certificate of Origin would not be required
under Article 503 of the NAFTA (as implemented pursuant to United States
law), if the article were imported from Mexico.
(3) PENALTIES FOR EXPORTERS.—If the
President determines, based on sufficient evidence, that an exporter has
engaged in transshipment as defined in paragraph (4), then the President
shall deny for a period of 5 years all benefits under section 112 to
such exporter, any successor of such exporter, and any other entity
owned or operated by the principal of the exporter.
(4) TRANSSHIPMENT DESCRIBED.—Transshipment
within the meaning of this subsection has occurred when preferential
treatment for a textile or apparel article under this Act has been
claimed on the basis of material false information concerning the
country of origin, manufacture, processing, or assembly of the article
or any of its components. For purposes of this paragraph, false
information is material if disclosure of the true information would mean
or would have meant that the article is or was ineligible for
preferential treatment under section 112.
(5) MONITORING AND REPORTS TO CONGRESS.—The
Customs Service shall monitor and the Commissioner of Customs shall
submit to Congress, not later than March 31 of each year, a report on
the effectiveness of the visa systems and the implementation of
legislation and regulations described in sub-section (a) and on measures
taken by countries in sub-Saharan Africa which export textiles or
apparel to the United States to prevent circumvention as described in
Article 5 of the Agreement on Textiles and Clothing.
(c) CUSTOMS SERVICE ENFORCEMENT.—The Customs
Service shall—
(1) make available technical assistance to
the beneficiary sub-Saharan African countries—
(A) in the development and implementation
of visa systems, legislation, and regulations described in sub-section
(a)(1)(A); and
(B) to train their officials in
anti-transshipment enforcement;
(2) send production verification teams to
at least four beneficiary sub-Saharan African countries each year; and
(3) to the extent feasible, place
beneficiary sub-Saharan African countries on the Electronic Visa (ELVIS)
program.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out subsection (c) the sum of
$5,894,913.
SEC. 114. TERMINATION.
Title V of the Trade Act of 1974 is amended by
inserting after section 506A the following new section:
‘‘SEC. 506B. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN COUNTRIES.
‘‘In the case of a beneficiary sub-Saharan African
country, as defined in section 506A(c), duty-free treatment provided under
this title shall remain in effect through September 30, 2008.’’.
SEC. 115. CLERICAL AMENDMENTS.
The table of contents for title V of the Trade Act
of 1974 is amended by inserting after the item relating to section 506 the
following new items:
‘‘Sec. 506A. Designation of sub-Saharan African
countries for certain benefits.
‘‘Sec. 506B. Termination of benefits for sub-Saharan
African countries.’’.
SEC. 116. FREE TRADE AGREEMENTS WITH
SUB-SAHARAN AFRICAN COUNTRIES.
(a) DECLARATION OF POLICY.—Congress declares
that free trade agreements should be negotiated, where feasible, with
interested countries in sub-Saharan Africa, in order to serve as the
catalyst for increasing trade between the United States and sub-Saharan
Africa and increasing private sector investment in sub-Saharan Africa.
(b) PLAN REQUIREMENT.—
(1) IN GENERAL.—The President, taking into
account the provisions of the treaty establishing the African Economic
Community and the willingness of the governments of sub-Saharan African
countries to engage in negotiations to enter into free trade agreements,
shall develop a plan for the purpose of negotiating and entering into
one or more trade agreements with interested beneficiary sub-Saharan
African countries.
(2) ELEMENTS OF PLAN.—The plan shall
include the following:
(A) The specific objectives of the United
States with respect to negotiations described in paragraph (1) and a
suggested timetable for achieving those objectives.
(B) The benefits to both the United
States and the relevant sub-Saharan African countries with respect to
the applicable free trade agreement or agreements.
(C) A mutually agreed-upon timetable for
the negotiations.
(D) The implications for and the role of
regional and sub-regional organizations in sub-Saharan Africa with
respect to such free trade agreement or agreements.
(E) Subject matter anticipated to be
covered by the negotiations and United States laws, programs, and
policies, as well as the laws of participating eligible African
countries and existing bilateral and multilateral and economic
cooperation and trade agreements, that may be affected by the
agreement or agreements.
(F) Procedures to ensure the following:
(i) Adequate consultation with the
Congress and the private sector during the negotiations.
(ii) Consultation with the Congress
regarding all matters relating to implementation of the agreement or
agreements.
(iii) Approval by the Congress of the
agreement or agreements.
(iv) Adequate consultations with the
relevant African governments and African regional and subregional
intergovernmental organizations during the negotiation of the
agreement or agreements.
(c) REPORTING REQUIREMENT.—Not later than 12
months after the date of the enactment of this Act, the President shall
prepare and transmit to the Congress a report containing the plan
developed pursuant to subsection (b).
SEC. 117. ASSISTANT UNITED STATES TRADE
REPRESENTATIVE FOR AFRICAN AFFAIRS.
It is the sense of the Congress that—
(1) the position of Assistant United States
Trade Representative for African Affairs is integral to the United
States commitment to increasing United States-sub-Saharan African trade
and investment;
(2) the position of Assistant United States
Trade Representative for African Affairs should be maintained within the
Office of the United States Trade Representative to direct and
coordinate interagency activities on United States-Africa trade policy
and investment matters and serve as—
(A) a primary point of contact in the
executive branch for those persons engaged in trade between the United
States and sub-Saharan Africa; and
(B) the chief advisor to the United
States Trade Representative on issues of trade and investment with
Africa; and
(3) the United States Trade Representative
should have adequate funding and staff to carry out the duties of the
Assistant United States Trade Representative for African Affairs
described in paragraph (2), subject to the availability of
appropriations.
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