II 

117TH CONGRESS 

2D SESSION S. 5154 

To promote the African Continental Free Trade Area, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30 (legislative day, NOVEMBER 29), 2022 

Mr. VAN HOLLEN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To promote the African Continental Free Trade Area, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening the Af5 rican Continental Free Trade Area Act of 2022’’ or the 

6 ‘‘Strengthening the AfCFTA Act of 2022’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) By 2035, the gross domestic product of Af10 rican countries is projected to increase by 

11 $450,000,000,000 with the implementation of the 


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1 AfCFTA and lift 30,000,000 Africans out of ex2 treme poverty while boosting the wages of African 

3 women and unskilled workers in particular, accord4 ing to World Bank estimates. 

5 (2) According to the World Bank, the total 

6 intracontinental exports from African countries 

7 would increase by 81 percent under the AfCFTA. 

8 By economic sector, the AfCFTA is expected to be 

9 especially important for expanding manufacturing, 

10 by increasing intracontinental manufacturing exports 

11 by 110 percent, which will diversify African econo12 mies and decrease the reliance of such economies 

13 upon extracting natural resources. 

14 (3) The AfCFTA will also increase African 

15 manufacturing exports to the rest of the world by 46 

16 percent. As a result of the AfCFTA creating new 

17 commercial opportunities and diversifying global 

18 supply chains, the rest of the world’s gross domestic 

19 product is expected to increase by $76,000,000,000. 

20 SEC. 3. STATEMENT OF POLICY. 

21 It is the policy of the United States to— 

22 (1) support the African Union’s Agenda 2063 

23 efforts to promote regional economic development, 

24 diversification, and integration by stimulating great25 er trade and investment among African countries 


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1 and between Africa and the global trade partners of 

2 Africa, notably including greater collaboration with 

3 the United States; 

4 (2) partner with the African Union Commis5 sion, African Union entities such as the African 

6 Continental Free Trade Area Secretariat, regional 

7 economic communities, and other intergovernmental 

8 African organizations to bolster trade and invest9 ment at the regional, intracontinental, and inter10 national levels; 

11 (3) increase opportunities for trade and invest12 ment between African countries and United States 

13 businesses, including those owned by members of the 

14 African diaspora, thereby contributing to potential 

15 United States economic growth; and 

16 (4) promote the goals of the African Conti17 nental Free Trade Area (AfCFTA), formed by the 

18 Agreement Establishing the African Continental 

19 Free Trade Area, done at Kigali, Rwanda on March 

20 21, 2018, to simplify and expedite trade and invest21 ment among African countries and expand commer22 cial opportunities for underserved groups, women, 

23 and youth entrepreneurs. 


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1 SEC. 4. STRATEGY TO PROMOTE THE AFRICAN CONTI2 NENTAL FREE TRADE AREA. 

3 (a) DEVELOPMENT OF STRATEGY.— 

4 (1) UNITED STATES TRADE REPRESENTA5 TIVE.—The President shall, using existing inter6 agency trade policy development and coordination 

7 authority and mechanisms, direct the United States 

8 Trade Representative to develop a 10-year Federal 

9 strategy to promote the AfCFTA to achieve the fol10 lowing goals: 

11 (A) Improving the efficacy, efficiency, and 

12 coordination of development aid and technical 

13 assistance from the United States focusing on 

14 trade capacity building that is provided to Afri15 can countries, regional communities, and inter16 governmental or multinational entities, includ17 ing to the AfCFTA Secretariat. 

18 (B) Implementing trade policy priorities of 

19 the AfCFTA developed in coordination with 

20 continental, regional, and country partners in 

21 Africa. 

22 (2) ELEMENTS.—The strategy developed pursu23 ant to paragraph (1) shall include policy or program 

24 plans to accomplish the following: 

25 (A) Increasing the volume and velocity of 

26 goods and services trade between African counVerDate Sep 11 2014 23:01 Dec 01, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5154.IS S5154

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1 tries by improving customs operations, which 

2 may include— 

3 (i) providing support for increased au4 tomation or online processing of customs 

5 and cross-border trade-related tasks; and 

6 (ii) supporting efforts— 

7 (I) to ensure adequate access to 

8 reliable electrical power supplies and 

9 internet access to foster digitalization 

10 where necessary; and 

11 (II) to provide paper-based or 

12 other applicable technical alternatives 

13 at border crossings where electricity 

14 or internet access is unreliable or un15 available, including in coordination 

16 with the Power Africa initiative of the 

17 United States where applicable. 

18 (B) Expanding trade capacities and sup19 porting trade-related infrastructure develop20 ment, prioritizing major intra-African trade cor21 ridors. 

22 (C) Supporting the implementation and 

23 success of the AfCFTA and its goals as identi24 fied in consultation with African counterparts 


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1 at the continental, regional, and country level, 

2 including by— 

3 (i) advancing African regional and 

4 intracontinental alignment of trade-related 

5 legal and administrative procedures; 

6 (ii) strengthening the technical capac7 ity of the AfCFTA Secretariat; and 

8 (iii) promoting the development and 

9 expansion of African regional economic 

10 communities as they pertain to fostering 

11 trade, including through direct consulta12 tion and partnership with the AfCFTA 

13 Secretariat. 

14 (D) Improving the efficacy of trade capac15 ity building by the United States to support the 

16 implementation of the AfCFTA, as appropriate, 

17 by preventing duplication of or incompatibility 

18 between the assistance activities of other major 

19 donors (such as nongovernmental organizations, 

20 other countries, and intergovernmental organi21 zations) and the policies and projects included 

22 in the strategy. 

23 (E) Enabling more effective and inclusive 

24 participation of stakeholders, including those 

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1 ability, women, youth, or marginalized or 

2 underrepresented groups, in the negotiation and 

3 implementation of the AfCFTA. 

4 (F) Increasing trade and investment by the 

5 United States to expand African regional value 

6 chains, especially as it relates to increasing 

7 manufacturing and production in Africa in in8 dustries expected to grow with the implementa9 tion of the AfCFTA. 

10 (G) Evaluating the industries in which the 

11 United States has a comparative advantage in 

12 Africa relative to other countries and promoting 

13 trade and investment within those industries, 

14 especially in industries expected to grow with 

15 the implementation of the AfCFTA. 

16 (3) BIENNIAL UPDATES.—The strategy re17 quired under paragraph (1) shall be updated bienni18 ally. 

19 (4) PRIOR APPROVAL.—The strategy required 

20 under paragraph (1) and any update to that strat21 egy under paragraph (3) may only be developed 

22 through prior consultation with, and submitted with 

23 the approval of, the Trade Policy Staff Committee. 

24 (5) CONSULTATION.—In developing the strat25 egy required under paragraph (1) and any update to 


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1 that strategy under paragraph (3), the United 

2 States Trade Representative shall, as appropriate 

3 and practicable, consult with— 

4 (A) stakeholders in the United States and 

5 in Africa from the private sector, civil society, 

6 and African diaspora; 

7 (B) relevant African Union entities such as 

8 the AfCFTA Secretariat; 

9 (C) State, local, and Tribal governments; 

10 and 

11 (D) development agencies and entities of 

12 the United States not represented on the Trade 

13 Policy Staff Committee, such as the Prosper 

14 Africa Initiative, the Millennium Challenge Cor15 poration, and the United States International 

16 Development Finance Corporation. 

17 (b) INITIAL REPORT.—Not later than 270 days after 

18 the date of the enactment of this Act, the President shall 

19 (subject to the prior approval required under subsection 

20 (a)(4)) submit to the relevant congressional committees an 

21 initial report that includes the strategy required under 

22 subsection (a) and an implementation plan for that strat23 egy that includes each of the following: 

24 (1) The rationale, objectives, and anticipated 

25 manner of implementation of the strategy. 


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1 (2) The anticipated role of each agency rep2 resented in the Trade Policy Staff Committee in the 

3 implementation of the strategy. 

4 (3) A summary of the current trade capacity5 building programs, projects, and activities of the 

6 United States in support of the AfCFTA as of the 

7 date of the submission of the report, and the rela8 tionships between such programs, projects, and ac9 tivities and the objectives of the strategy. 

10 (4) Any gaps, inefficiencies, or unmet needs 

11 identified in the course of preparing the summary 

12 described in paragraph (3). 

13 (5) Qualitative and quantitative goals and 

14 metrics for the implementation of the strategy, in15 cluding the criteria to be used in monitoring and 

16 evaluating progress towards the objectives of the 

17 strategy. 

18 (6) Recommendations, in consultation with the 

19 Director of the Office of Management and Budget, 

20 relating to programmatic or appropriations measures 

21 that could potentially enhance the implementation of 

22 the strategy, including legislative or executive policy 

23 changes for such enhanced implementation. 

24 (c) BIENNIAL REPORT.— 


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1 (1) IN GENERAL.—Not later than each of 2, 4, 

2 6, and 8 years after the date of the submission of 

3 the initial report required by subsection (b), the 

4 President shall submit to the relevant congressional 

5 committees a report containing revisions and up6 dates to the strategy required under subsection (a) 

7 and an assessment of the progress made in imple8 menting the strategy as described in such initial re9 port. 

10 (2) ELEMENTS.—Each report required by para11 graph (1) shall include each of the following: 

12 (A) A description of the obligation and ex13 penditure of all amounts made available to 

14 carry out the strategy required under sub15 section (a) during the preceding 2 fiscal years, 

16 disaggregated by fiscal year, account, and activ17 ity. 

18 (B) Notable successes and challenges relat19 ing to the implementation of the strategy. 

20 (C) An evaluation of the progress toward 

21 achieving the qualitative and quantitative goals 

22 and metrics included in the initial report re23 quired by subsection (b) pursuant to paragraph 

24 (5) of that subsection. 


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1 (D) Any updates and revisions made to the 

2 criteria described in subsection (b)(5) and in3 cluded in the initial report. 

4 (E) Updated recommendations as de5 scribed in subsection (b)(6). 

6 (d) FINAL REPORT.— 

7 (1) IN GENERAL.—Not later than 10 years 

8 after the date of the submission of the initial report 

9 required by subsection (b), the President shall sub10 mit to the relevant congressional committees a re11 port that assesses progress of the strategy required 

12 by subsection (a) during the 10-year period pre13 ceding the date of the report. 

14 (2) ELEMENTS.—The report required by para15 graph (1) shall include each of the following: 

16 (A) An assessment of the progress made in 

17 the implementation of the strategy required by 

18 subsection (a) during the 10-year period pre19 ceding the date of the report with respect to 

20 each of the goals described in subsection (a)(1), 

21 including with respect to the qualitative and 

22 quantitative goals and metrics included in the 

23 initial report pursuant to subsection (b)(5) and 

24 using the criteria described in such subsection 

25 (b)(5). 


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1 (B) An assessment of the successes, chal2 lenges, and effectiveness of the strategy. 

3 (C) Recommended legislative or adminis4 trative policy changes relevant to addressing 

5 any gaps, policy or program shortcomings, or 

6 other outstanding challenges relating to the 

7 goals of the strategy, along with descriptions of 

8 prospective follow-up activities necessary to ad9 dress those challenges. 

10 (D) Recommendations relating to fostering 

11 further synergies between implementation of ac12 tivities, as relevant and appropriate, relating to 

13 the African Growth and Opportunity Act (19 

14 U.S.C. 3701 et seq.), the AfCFTA, and any 

15 other trade policy initiatives of the United 

16 States towards Africa, including types of activi17 ties and expected outcomes based on the imple18 mentation of the strategy. 

19 (E) A detailed description of the expendi20 ture of all amounts authorized to implement the 

21 strategy throughout the 10-year period, includ22 ing amounts appropriated pursuant to the au23 thorization under section 5(c), disaggregated by 

24 fiscal year, account, and activity. 


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1 (e) PUBLICATION.—Each report required by this sec2 tion shall be submitted in unclassified form and may in3 clude a classified annex. The unclassified portion of each 

4 such report shall be posted on publicly available websites 

5 of the Office of the United States Trade Representative. 

6 SEC. 5. AFCFTA TRADE CAPACITY BUILDING PROGRAM. 

7 (a) TRADE CAPACITY BUILDING IMPLEMENTA8 TION.—The Administrator of the United States Agency 

9 for International Development shall establish an AfCFTA 

10 Trade Capacity Building Program (in this section referred 

11 to as the ‘‘Program’’) to support the implementation of 

12 the strategy required by section 4(a) through existing au13 thorities granted by the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2151 et seq.), in collaboration with continental, 

15 regional, and country partners in Africa. 

16 (b) MATTERS TO BE INCLUDED.—In carrying out 

17 the Program, the Administrator— 

18 (1) may designate the Prosper Africa Initiative 

19 to administer the Program; 

20 (2) may support multi-year and renewable ac21 tivities with the Program; 

22 (3) shall consult with the United States Trade 

23 Representative in making programmatic decisions; 

24 and 


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1 (4) shall receive approval from the Trade Policy 

2 Staff Committee for all activities for which funds are 

3 planned to be made available (including any trans4 fers to other Federal departments, agencies, or enti5 ties) in a fiscal year from the Program before the 

6 start of such fiscal year. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $200,000,000 for each of 

9 fiscal years 2025 through 2034 for the United States 

10 Agency for International Development to carry out the 

11 Program. Amounts so authorized— 

12 (1) shall be in addition to amounts otherwise 

13 authorized for existing projects, programs, and ac14 tivities that support the goals of the Program; 

15 (2) may also be made available for consulting 

16 or technical services, equipment, new personnel, or 

17 other project-related administrative expenses associ18 ated with the development, implementation, and re19 porting requirements of the strategy required by sec20 tion 4(a); and 

21 (3) are authorized to be transferred from the 

22 United States Agency for International Development 

23 to other appropriate Federal departments or agen24 cies to the extent provided in advance by appropria25 tions Acts. 


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1 SEC. 6. RULE OF CONSTRUCTION. 

2 Nothing in this Act may be construed to— 

3 (1) limit any authority or responsibility of the 

4 United States Trade Representative relating to the 

5 establishment or implementation of the trade policies 

6 of the United States (including under section 141 of 

7 the Trade Act of 1974 (19 U.S.C. 2171)); or 

8 (2) transfer any such authority or responsibility 

9 to the Administrator of the United States Agency 

10 for International Development. 

11 SEC. 7. DEFINITIONS. 

12 In this Act: 

13 (1) AfCFTA.—The term ‘‘AfCFTA’’ means the 

14 African Continental Free Trade Area authorized to 

15 be created under the Agreement Establishing the Af16 rican Continental Free Trade Area, adopted by its 

17 African Union signatories in Kigali, Rwanda, on 

18 March 21, 2018. 

19 (2) RELEVANT CONGRESSIONAL COMMIT20 TEES.—The term ‘‘relevant congressional commit21 tees’’ means the following: 

22 (A) The Committee on Foreign Relations, 

23 the Committee on Finance, and the Committee 

24 on Appropriations of the Senate. 

25 (B) The Committee on Foreign Affairs, 

26 the Committee on Ways and Means, and the 


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1 Committee on Appropriations of the House of 

2 Representatives. 

3 (3) TRADE POLICY STAFF COMMITTEE.—The 

4 term ‘‘Trade Policy Staff Committee’’ means the 

5 interagency organization established under section 

6 242(a) of the Trade Expansion Act of 1962 (19 

7 U.S.C. 1872(a)). 

Æ 


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