Sec. 1271. Free trade agreements with sub-Saharan African countries

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Section 116 of the African Growth and Opportunity Act ( 19 U.S.C. 3723 ) is amended by striking subsections

(b)and

(c)and inserting the following: The President shall develop a plan for the purpose of negotiating and entering into one or more free trade agreements with eligible sub-Saharan African countries. The plan shall include a list of eligible sub-Saharan African countries that are most ready for a free trade agreement with the United States. The plan required by paragraph

(1)shall include, for each country on the list required by that paragraph, the following: The steps the country needs to take to be ready to enter into a free trade agreement with the United States, consistent with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (title I of Public Law 114–26 ; 129 Stat. 320), including— the effective implementation of the commitments of the country under WTO Agreements; and the development of a bilateral investment treaty or equivalent obligations. Milestones for accomplishing each step identified in subparagraph

(A)for the country, with the goal of establishing a free trade agreement with the country not later than 10 years after the date on which the country is included on the list required by paragraph (1). A description of the resources required to assist the country in accomplishing each milestone described in subparagraph (B). The extent to which steps described in subparagraph (A), the milestones described in subparagraph (B), and resources described in subparagraph

(C)may be accomplished through regional or subregional organizations in sub-Saharan Africa, including the East African Community, the Economic Community of West African States, the Common Market for Eastern and Southern Africa, and the Economic Community of Central African States. Procedures to ensure the following: Adequate consultation with Congress and the private sector during the negotiations. Consultation with Congress regarding all matters relating to implementation of the agreement. Approval by Congress of the agreement. Adequate consultations with the relevant African governments and African regional and subregional intergovernmental organizations during the negotiation of the agreement. The President shall prepare and submit to Congress a report containing the plan developed pursuant to paragraph (1)— not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017; and at the same time as the submission of the report required by section 110(b) of the Trade Preferences Extension Act of 2015 ( Public Law 114–27 ; 129 Stat. 370) thereafter. The United States Trade Representative shall consult and coordinate with other relevant Federal agencies to assist countries on the list required by paragraph (1), including through the deployment of resources from those agencies to such countries and through trade capacity building, in addressing the steps identified under subparagraph

(A)of paragraph

(2)and the milestones identified under subparagraph

(B)of that paragraph. In this subsection: The term eligible sub-Saharan African country means a country designated as an eligible sub-Saharan African country under section 104. The term WTO means the World Trade Organization. The term WTO Agreement has the meaning given that term in section 2(9) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(9) ). The term WTO Agreements means the WTO Agreement and agreements annexed to that Agreement. . Section 110(b) of the Trade Preferences Extension Act of 2015 ( Public Law 114–27 ; 129 Stat. 370) is amended— in the matter preceding paragraph (1), by striking 5 and inserting 3 ; and in paragraph (3), by striking

(E)and inserting

(D). Funds made available to the United States Agency for International Development under section 496 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2293 ) after the date of the enactment of this Act may be used, in consultation with the United States Trade Representative— to assist eligible countries, including by deploying resources to such countries, in addressing the steps and milestones identified in the plan developed under subsection

(b)of section 116 of the African Growth and Opportunity Act ( 19 U.S.C. 3723 ), as amended by subsection (a); and to assist eligible countries in the implementation of the commitments of those countries under agreements with the United States and the WTO Agreements (as defined in subsection (b)(4) of such section 116). In this subsection: The term eligible country means a sub-Saharan African country that receives— benefits under the African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ); and funding from the United States Agency for International Development. The term sub-Saharan African country has the meaning given that term in section 107 of the African Growth and Opportunity Act ( 19 U.S.C. 3706 ). After the date of the enactment of this Act, the United States Trade Representative and the Administrator of the United States Agency for International Development shall consult and coordinate with the Chief Executive Officer of the Millennium Challenge Corporation regarding countries described in paragraph

(2)for the purpose of developing and carrying out the plan required by subsection

(b)of section 116 of the African Growth and Opportunity Act ( 19 U.S.C. 3723 ), as amended by subsection (a). A country is described in this paragraph if the country— has entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7708 ); or is selected by the Board of Directors of the Millennium Challenge Corporation under subsection

(c)of section 607 of that Act ( 22 U.S.C. 7706 ) from among the countries determined to be eligible countries under subsection

(a)of that section.

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