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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8249 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8249

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2024

  Mrs. Cherfilus-McCormick (for herself and Mr. Jackson of Illinois) 
 introduced the following bill; which was referred to the Committee on 
 Ways and Means, and in addition to the Committee on Foreign Affairs, 
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 strengthen the African Continental Free Trade Area, and for other 
                               purposes.

    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 ``U.S.-Africa Strategic Trade and 
Investment Partnership Act of 2024'' or the ``ASTIP Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Africa Continental Free Trade Area (``AfCFTA'') 
        will be the largest free trade area given Africa's current 
        population of 1,400,000,000 people, which is expected to grow 
        to 2,500,000,000 by 2050 and close to 40 percent of the global 
        population by 2100;
            (2) According to the United Nations Economic Commission for 
        Africa, this single-market trade agreement will enable the 
        African economy to reach the $29 trillion mark by 2050.
            (3) According to World Bank estimates, by 2035, the total 
        gross domestic product of African countries is projected to 
        increase by $450,000,000,000 with the implementation of the 
        AfCFTA and lift 30,000,000 people in Africa out of extreme 
        poverty while boosting the wages of women and unskilled workers 
        in particular in Africa.
            (4) According to the Brooking Institute Press Book 
        ``Unlocking Africa's Business Potential'', by 2050, the 
        combined consumer and business spending in Africa will exceed 
        $16.12 trillion.
            (5) According to the World Bank, total intracontinental 
        exports from African countries would increase by 81 percent 
        under the AfCFTA. By economic sector, the AfCFTA is expected to 
        be especially important for expanding manufacturing, by 
        increasing intracontinental manufacturing exports by 110 
        percent, which will diversify African economies and decrease 
        the reliance of such economies upon extracting natural 
        resources.
            (6) The AfCFTA also is projected to increase African 
        manufacturing exports to the rest of the world by 46 percent. 
        As a result of the AfCFTA creating new commercial opportunities 
        and diversifying global supply chains, the rest of the world's 
        gross domestic product is expected to increase by 
        $76,000,000,000.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support the African Union's Agenda 2063 efforts to 
        promote regional economic development, by stimulating greater 
        trade and investment among African countries and between Africa 
        and the United States;
            (2) partner with the African Union Commission and African 
        Union entities such as the African Continental Free Trade Area 
        Secretariat, African Regional Economic Communities, and other 
        intergovernmental African organizations to bolster trade and 
        investment at the regional, intracontinental, and international 
        levels, and facilitate market access and bilateral trade 
        between the United States and African countries;
            (3) increase opportunities for trade and investment between 
        African countries and United States businesses, including those 
        owned by members of the African diaspora, women, youth and 
        underserved groups, thereby thereby contributing to potential 
        United States economic growth;
            (4) promote the goals of the African Continental Free Trade 
        Agreement signed on March 21, 2018, to lower trade barriers 
        between African countries, expand commercial opportunities for 
        underserved groups, women, and youth entrepreneurs, and attract 
        greater foreign investment;
            (5) improve the efficacy, efficiency, and coordination of 
        United States development aid and technical assistance, 
        focusing on trade capacity building that is provided to African 
        countries, regional communities, and intergovernmental or 
        multinational entities including to the AfCFTA Secretariat;
            (6) support efforts to aid the implementation of the trade 
        policy priorities of the AfCFTA, developed in coordination with 
        continental, regional, and country partners in Africa; and
            (7) facilitate market access and bilateral trade between 
        the United States and African countries.

SEC. 4. UNITED STATES ROADMAP TO PROMOTE THE AFRICAN CONTINENTAL FREE 
              TRADE AREA.

    (a) Report.--
            (1) United states trade representative.--The President 
        shall, using existing interagency trade policy development and 
        coordination authority and mechanisms, direct the United States 
        Trade Representative, in coordination with the Secretary of 
        State, the Administrator of the United States Agency for 
        International Development, and the heads of other Federal 
        agencies the President determines have trade or trade-related 
        development mandates, to publish a report:
                    (A) Describing efforts to promote the AfCFTA and to 
                achieve the following goals:
                            (i) Evaluate the industries in which the 
                        United States industries have a comparative 
                        advantage in Africa relative to other non-
                        African countries, and strategy to promote 
                        trade and investment within those industries, 
                        especially in industries expected to grow with 
                        the implementation of the AfCFTA.
                            (ii) Evaluate the industries in which the 
                        United States investments can create direct and 
                        indirect jobs, and strategies to sustain and 
                        enhance them in both African counties and the 
                        United States, as the markets grow with the 
                        AfCFTA.
                            (iii) Expand trade capacities and support 
                        trade-related infrastructure development, and 
                        prioritize major intra-African trade corridors.
                            (iv) Support the implementation and success 
                        of the AfCFTA and its goals as identified in 
                        consultation with African counterparts at the 
                        continental, regional, and country level, 
                        including by--
                                    (I) advancing African regional and 
                                intra-continental alignment of trade-
                                related legal and administrative 
                                procedures;
                                    (II) strengthening the technical 
                                capacity of the AfCFTA Secretariat; and
                                    (III) promoting the development and 
                                expansion of African regional economic 
                                communities as they pertain to 
                                fostering trade, including through 
                                direct consultation and partnership 
                                with the AfCFTA Secretariat.
                            (v) Improve the efficacy of United States 
                        trade capacity building to support AfCFTA 
                        implementation, as appropriate, including by 
                        identifying duplication of or incompatibility 
                        between the assistance activities of other 
                        major donors (such as nongovernmental 
                        organizations, other governments, and 
                        intergovernmental organizations) and the 
                        policies and projects included in the strategy.
                            (vi) Enable more effective and inclusive 
                        participation of stakeholders, including those 
                        representing workers, environmental 
                        sustainability, African diaspora, women, youth, 
                        marginalized, or underrepresented groups, in 
                        the further negotiation of AfCFTA subsidiary 
                        agreements, protocols, or other legal texts, 
                        and the implementation of the AfCFTA generally.
                    (B) Providing a description of the obligation and 
                expenditure of all amounts made available to carry out 
                the strategy during the preceding 2 fiscal years, 
                disaggregated by fiscal year, account, and activity.
                    (C) Identifying successes and challenges relating 
                to the implementation of the strategy.
                    (D) Evaluating whether there has been any progress 
                made regarding achieving the qualitative and 
                quantitative goals and metrics included in the initial 
                report pursuant to subsection (b)(5).
                    (E) Providing any updates and revisions made to the 
                criteria described in subsection (b)(5) and included in 
                the initial report.
                    (F) Updating recommendations as described in 
                subsection (b)(6).
            (2) Timeframe.--Not later than 2 years after the submission 
        of the initial report required by subsection (b), and every 2 
        years thereafter for 8 years, the President shall submit the 
        report to the relevant congressional committees.
            (3) Prior approval and biennial updates.--The report 
        required by this subsection may only be developed through prior 
        consultation with, and submitted with the approval of, the 
        Trade Policy Staff Committee established pursuant to section 
        242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)). 
        Such report shall also be updated biennially with such prior 
        consultation and pursuant to such approval.
            (4) Consultation.--In developing the report described in 
        this subsection, the United States Trade Representative shall, 
        as appropriate and practicable, consult with--
                    (A) stakeholders in the United States and in Africa 
                from the private sector, civil society, and African 
                diaspora;
                    (B) relevant African Union entities such as the 
                AfCFTA Secretariat;
                    (C) State, local, and Tribal governments; and
                    (D) United States development agencies and entities 
                not represented on the Trade Policy Staff Committee, 
                including the Prosper Africa Initiative Secretariat, 
                the Millennium Challenge Corporation, and the United 
                States Development Finance Corporation.
    (b) Initial Report.--Not later than 270 days after the date of the 
enactment of this Act, the President shall, subject to the prior 
approval required under subsection (a)(3), submit to the relevant 
congressional committees an initial report that identifies a strategy 
to achieve the goals identified in subsection (a) and an implementation 
plan for such strategy that includes each of the following:
            (1) The rationale, objectives, and anticipated manner of 
        implementation of the strategy.
            (2) The anticipated role of each Federal department or 
        agency involved in implementing such strategy, and the manner 
        in which such departments and agencies should jointly 
        collaborate at the interagency level.
            (3) A summary of current trade capacity-building programs, 
        projects, and activities of the United States in support of the 
        AfCFTA as of the date of the submission of the report, and the 
        relationships between such programs, projects, and activities 
        and the objectives of the strategy.
            (4) Any gaps, inefficiencies, or unmet needs identified in 
        the course of preparing the summary described in paragraph (3).
            (5) Qualitative and quantitative goals and metrics for the 
        implementation of the strategy, including criteria to be used 
        in monitoring and evaluating progress toward the objectives of 
        the strategy.
            (6) Recommendations relating to programmatic or 
        appropriations measures that could potentially enhance the 
        implementation of the strategy, including legislative or 
        executive policy changes for such enhanced implementation.
    (c) Final Report.--Not later than 10 years after the date of the 
submission of the initial report required by subsection (b), the 
President shall submit to the relevant congressional committees a 
report that assesses progress over the preceding decade of the 
strategy. Such report shall also include each of the following:
            (1) An assessment of the progress made in the 
        implementation of the roadmap over the preceding decade with 
        respect to each of the goals described in subsection (a)(1), 
        including with respect to the qualitative and quantitative 
        goals and metrics included in the initial report pursuant to 
        subsection (b)(5) and using the criteria described in such 
        subsection (b)(5).
            (2) An assessment of the successes, challenges, and 
        effectiveness of the strategy and its implementation.
            (3) Recommended legislative or executive policy changes 
        relevant to addressing any gaps, policy or program 
        shortcomings, or other outstanding challenges relating to the 
        goals of the strategy, along with descriptions of prospective 
        follow-up activities necessary to address such challenges.
            (4) Recommendations relating to fostering further synergies 
        between implementation of activities, as relevant and 
        appropriate, relating to the African Growth and Opportunity Act 
        (19 U.S.C. 3701 et seq.), the AfCFTA, and any other Africa-
        related United States trade policy initiatives, including types 
        of activities and expected outcomes based on the implementation 
        of the roadmap.
            (5) A detailed description of the expenditure of all 
        amounts authorized to implement the roadmap throughout the 10-
        year period, including amounts appropriated pursuant to the 
        authorization under section 5(b), disaggregated by fiscal year, 
        account, and activity.
    (e) Publication.--Each report required by this section shall be 
submitted in unclassified form and may include a classified annex. The 
unclassified portion of each such report shall be posted on publicly 
available websites of the Office of the United States Trade 
Representative.

SEC. 5. U.S-AFCFTA STRATEGIC AND INVESTMENT PARTNERSHIP AGREEMENT.

    The United States Trade Representative, in consultation with the 
AfCFTA Secretariat, is authorized to identify initial issues with 
regard to which the United States, the AfCFTA Secretariat, and African 
Governments implementing the AfCFTA should seek to develop an ambitious 
roadmap for enhanced cooperation, with the goal of negotiating high-
standard commitments in order to achieve economically meaningful 
outcomes, including measures with respect to the following areas, 
matters, and stated objectives:
            (1) Manufacture and value addition.-- Increase United 
        States trade and investment to expand African regional value 
        chains, especially as related to increasing manufacturing and 
        production on the continent in industries expected to grow with 
        the implementation of the AfCFTA, and with respect to value-
        added activities related to the processing or use of basic 
        commodities produced by African countries.
            (2) Agriculture.--Facilitate agricultural trade, enhance 
        transparency and on the application of science- and risk-based 
        sanitary and phytosanitary trade requirements and regulations, 
        and foster sustainable agricultural practices, as well as 
        creating an enabling environment for innovative agricultural 
        technologies that would help achieve food security goals, 
        increase farm productivity, improve farmer livelihoods, while 
        addressing climate change concerns as related to United States-
        Africa trade and investment activity.
            (3) Anti-corruption.--Enhance a shared commitment and 
        applied programmatic activities to prevent and combat bribery 
        and other forms of corruption, including sharing information on 
        best practices to prevent and combat bribery and corruption, 
        and efforts to explore the negotiation of specific related 
        commitments, as related to United States-Africa trade and 
        investment activity.
            (4) Digital trade.--Foster African and joint United States-
        Africa trade- and investment-related consumer, business, and 
        worker trust in the digital economy, including by ensuring 
        access to information, promoting the development and use of 
        resilient and secure digital infrastructure, promoting 
        competition and the participation of micro, small, and medium 
        enterprises (referred to as ``MSMEs''), and addressing 
        discriminatory practices, including measures to support digital 
        inclusion, to include accessibility online consumer protection, 
        and global discussions on emerging issues in digital trade.
            (5) Environment and climate change action.--Measures to 
        strengthen environmental protection and, conservation, climate 
        change adaptation and mitigation, and sustainable use and 
        management of natural resources as such issues may relate to or 
        help to foster or be advanced by United States-African trade 
        and investment activity.
            (6) Good regulatory practices.--Explore of United States-
        African negotiations over high-level commitments on topics such 
        as ensuring adequate time for public consultations on proposed 
        regulations, posting proposed regulations for review by 
        interested stakeholders, and basing regulatory decisions on 
        best available information, science, and evidence, including 
        undertaking risk analysis and regulatory impact assessment as 
        appropriate.
            (7) Micro-, small- and medium-sized enterprises.--Measures 
        and approaches to integrate MSMEs, including women-owned 
        enterprises, into international trade, alongside periodic 
        technical best practices exchanges and roundtables on MSMEs, 
        given the key role of successful MSME activity in achieving 
        sustained economic growth.
            (8) Promoting workers' rights and protections.--Joint 
        United States-African applied collaboration to advance and 
        protect internationally recognized labor rights in Africa 
        through enforcement of, and compliance with, labor laws, the 
        promotion of social dialogue, and cooperation in other areas of 
        mutual interest on labor and employment priorities, including 
        forced labor in global supply chains.
            (9) Supporting participation of women, youth, and others in 
        trade.--Promote economic opportunities for women, youth, 
        persons with disabilities, other vulnerable or 
        socioeconomically marginalized populations, and the African 
        diaspora including through the development and adoption of 
        trade policies to promote and facilitate their participation in 
        international trade, and to promote good paying, high-quality 
        jobs and sustainable livelihoods.
            (10) Standards collaboration.--Improve technical and legal 
        standards, conformity assessment procedures, and technical 
        regulations that have a significant impact on trade, including 
        opportunities to reduce impediments to trade due to differences 
        among national legal and technical systems, and measures to 
        facilitate mutual understanding among governments of their 
        peers' respective processes for the preparation, adoption, and 
        application of technical regulations, standards and conformity 
        assessment procedures based on mutually agreed best practices.
            (11) Trade facilitation and customs procedures 
        modernization.--Increase the volume, value, and velocity of 
        goods and services traded between African countries by 
        improving customs operations, which should include--
                    (A) measures that take into consideration the 
                profound disruption that international infectious 
                disease outbreaks and pandemics can cause to supply 
                chains, as demonstrated by the 2019 coronavirus 
                pandemic, notably in 2020 and 2021, and the 
                demonstrated benefits of streamlining border procedures 
                and accelerating World Trade Organization Trade 
                Facilitation Agreement implementation for trade in 
                goods in order to better address such challenges, 
                notably in Africa;
                    (B) providing support for increased automation or 
                online processing of customs and cross-border trade-
                related tasks; and
                    (C) supporting efforts--
                            (i) to ensure adequate access to reliable 
                        electrical power supplies and internet to 
                        foster digitalization of trade or trade-related 
                        regulatory compliance where necessary, such as 
                        at border posts that administer trade flows; 
                        and
                            (ii) to provide paper-based, or other 
                        applicable technical alternatives at border 
                        crossings where electricity or internet access 
                        is unreliable or unavailable, including in 
                        coordination with the United States Power 
                        Africa or Prosper Africa initiatives where 
                        applicable.
            (12) Intellectual property.--Strengthen African Governments 
        intellectual property legal frameworks by enhancing cooperation 
        to boost innovation, research, and development, propel 
        technology advancement, promote creativity, attract 
        investments, and harmonize national laws and regulations toward 
        such ends, including through the use of international 
        intellectual property agreements or treaties.

SEC. 6. AFCFTA TRADE CAPACITY BUILDING PROGRAM.

    (a) Trade Capacity Building Implementation.--The Administrator of 
the United States Agency for International Development shall establish 
an AfCFTA Trade Capacity Building Program to support the implementation 
of the strategy required by section 4 through existing authorities 
granted by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
in collaboration with continental, regional, and country partners 
including the civil society and private sector in Africa. In carrying 
out such Program, the Administrator--
            (1) may designate the Prosper Africa Initiative to 
        administer the AfCFTA Trade Capacity Building Program;
            (2) shall consult with the United States Trade 
        Representative in making programmatic decisions; and
            (3) shall receive approval from the Trade Policy Staff 
        Committee established pursuant to section 242(a) of the Trade 
        Expansion Act of 1962 (19 U.S.C. 1872(a)) for all planned 
        activities for which funds are to be made available (including 
        any transfers to other Federal departments, agencies, or 
        entities).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of fiscal years 2025 through 2034 for 
the United States Agency for International Development to carry out the 
AfCFTA Trade Capacity Building Program described in subsection (a). 
Amounts so authorized--
            (1) shall be in addition to amounts otherwise authorized 
        for existing trade, investment, or economic growth-related 
        projects, programs, and activities that support the goals of 
        such Program;
            (2) may be made available for consulting or technical 
        services, equipment, new personnel, or other project-related 
        administrative expenses associated with the development, 
        implementation, and reporting requirements of the President's 
        strategy required by section 4(a); and
            (3) are authorized to be transferred as necessary to carry 
        out the objectives of this Act from the United States Agency 
        for International Development to other Federal departments or 
        agencies with a role in implementing the strategy required by 
        section 4(a), to the extent provided in advance by 
        appropriations Acts.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to--
            (1) limit any authority or responsibility of the United 
        States Trade Representative relating to the establishment or 
        implementation of the trade policies of the United States 
        (including under section 141 of the Trade Act of 1974 (19 
        U.S.C. 2171)); or
            (2) any such authority or responsibility to the 
        Administrator of the United States Agency for International 
        Development.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) AfCFTA.--The term ``AfCFTA'' means the African 
        Continental Free Trade Area authorized to be created under the 
        Agreement Establishing the African Continental Free Trade Area, 
        adopted by its African Union signatories in Kigali, Rwanda, on 
        March 21, 2018.
            (2) African diaspora.--The term ``African diaspora'' means 
        ``consisting of people of African origin living outside the 
        continent, irrespective of their citizenship and nationality 
        and who are willing to contribute to the development of the 
        continent and the building of the African Union'' as defined by 
        the African Union.
            (3) African regional economic communities.--The term 
        ``Africa Regional Economic Communities'' means various economic 
        and political organizations in Africa established to promote 
        regional integration, cooperation, and development among 
        states. These communities include entities such as the African 
        Union (AU, Economic community of West Africa States (ECOWAS), 
        East African Community (EAC), Southern African Development 
        Community (SADC), and others.
            (4) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means the following:
                    (A) The Committee on Foreign Affairs, the Committee 
                on Ways and Means, and the Committee on Appropriations 
                of the House of Representatives.
                    (B) The Committee on Foreign Relations, the 
                Committee on Finance, and the Committee on 
                Appropriations of the Senate.
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