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Union Calendar No. 107
106th CONGRESS
1st Session
H. R. 434
[Report No. 106-19, Parts I and II]
_______________________________________________________________________
A BILL
To authorize a new trade and investment policy for sub-Sahara Africa.
_______________________________________________________________________
June 17, 1999
Reported from the Committee on Ways and Means with an amendment
June 17, 1999
The Committee on Banking and Financial Services discharged; committed
to the Committee on the Whole House on the State of the Union and
ordered to be printed
Union Calendar No. 107
106th CONGRESS
1st Session
H. R. 434
[Report No. 106-19, Parts I and II]
To authorize a new trade and investment policy for sub-Sahara Africa.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 1999
Mr. Crane (for himself, Mr. Rangel, Mr. McDermott, Mr. Royce, Mr.
Dreier, Mr. Jefferson, Mr. Payne, Mr. Houghton, Mr. Gilman, Mr. Levin,
Mr. Baker, Mr. Barrett of Nebraska, Mr. Bereuter, Mr. Bilbray, Mr.
Blumenauer, Mr. Boehner, Mr. Brady of Texas, Ms. Brown of Florida, Mr.
Campbell, Mr. Chabot, Ms. Christian-Christensen, Mr. Dicks, Ms. Dunn,
Mr. Ehlers, Mr. English, Mr. Ewing, Mr. Faleomavaega, Mr. Fattah, Mr.
Foley, Mr. Ford, Mr. Hall of Ohio, Ms. Jackson-Lee of Texas, Mrs.
Johnson of Connecticut, Mrs. Jones of Ohio, Ms. Kilpatrick, Mr.
Knollenberg, Mr. Kolbe, Ms. Lofgren, Mr. Manzullo, Mr. Matsui, Ms.
McCarthy of Missouri, Mr. McCollum, Mr. McInnis, Mr. McIntosh, Mr.
McNulty, Mr. Meeks of New York, Mr. Gary Miller of California, Mr.
Moran of Virginia, Mr. Neal of Massachusetts, Mr. Owens, Mr. Petri, Mr.
Portman, Mr. Radanovich, Mr. Ramstad, Mr. Salmon, Mr. Sessions, Mr.
Shows, Mr. Snyder, Mr. Strickland, Mrs. Tauscher, Mr. Thomas, Mr.
Towns, Mr. Wolf, and Mr. Wynn) introduced the following bill; which was
referred to the Committee on International Relations, and in addition
to the Committees on Ways and Means, and Banking and Financial
Services, 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
February 16, 1999
Reported from the Committtee on International Relations with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
February 16, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than February 26, 1999
February 26, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than April 30, 1999
April 30, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than May 21, 1999
May 21, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than June 11, 1999
June 11, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than June 15, 1999
June 15, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than June 16, 1999
June 16, 1999
Referral to the Committees on Ways and Means and Banking and Financial
Services extended for a period ending not later than June 17, 1999
June 17, 1999
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
June 17, 1999
Additional sponsors: Mr. Hilliard, Mr. Camp, Mr. Shaw, Mr. Dixon, Mr.
Rush, Mr. Wexler, Mr. DeLay, Mr. Davis of Florida, Mr. Doolittle, Mr.
Porter, Mrs. Meeks of Florida, Mr. Shays, Ms. Eddie Bernice Johnson of
Texas, and Ms. Millender-McDonald
Deleted sponsors: Mr. Shows (added February 2, 1999; deleted March 23,
1999) and Mr. Strickland (added February 2, 1999; deleted February 25,
1999)
June 17, 1999
The Committee on Banking and Financial Services discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 2, 1999]
_______________________________________________________________________
A BILL
To authorize a new trade and investment policy for sub-Sahara Africa.
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 ``African Growth and Opportunity
Act''.
SEC. 2. FINDINGS.
The Congress finds that it is in the mutual economic interest of
the United States and sub-Saharan Africa to promote stable and
sustainable economic growth and development in sub-Saharan Africa and
that sustained economic growth in sub-Saharan Africa depends in large
measure upon the development of a receptive environment for trade and
investment. To that end, the United States seeks to facilitate market-
led economic growth in, and thereby the social and economic development
of, the countries of sub-Saharan Africa. In particular, the United
States seeks to assist sub-Saharan African countries, and the private
sector in those countries, to achieve economic self-reliance by--
(1) strengthening and expanding the private sector in sub-
Saharan Africa, especially women-owned businesses;
(2) encouraging increased trade and investment between the
United States and sub-Saharan Africa;
(3) reducing tariff and nontariff barriers and other trade
obstacles;
(4) expanding United States assistance to sub-Saharan
Africa's regional integration efforts;
(5) negotiating free trade areas;
(6) establishing a United States-Sub-Saharan Africa Trade
and Investment Partnership;
(7) focusing on countries committed to accountable
government, economic reform, and the eradication of poverty;
(8) establishing a United States-Sub-Saharan Africa
Economic Cooperation Forum; and
(9) continuing to support development assistance for those
countries in sub-Saharan Africa attempting to build civil
societies.
SEC. 3. STATEMENT OF POLICY.
The Congress supports economic self-reliance for sub-Saharan
African countries, particularly those committed to--
(1) economic and political reform;
(2) market incentives and private sector growth;
(3) the eradication of poverty; and
(4) the importance of women to economic growth and
development.
SEC. 4. ELIGIBILITY REQUIREMENTS.
(a) In General.--A sub-Saharan African country shall be eligible to
participate in programs, projects, or activities, or receive assistance
or other benefits under this Act if the President determines that the
country does not engage in gross violations of internationally
recognized human rights and has established, or is making continual
progress toward establishing, a market-based economy, such as the
establishment and enforcement of appropriate policies relating to--
(1) promoting free movement of goods and services between
the United States and sub-Saharan Africa and among countries in
sub-Saharan Africa;
(2) promoting the expansion of the production base and the
transformation of commodities and nontraditional products for
exports through joint venture projects between African and
foreign investors;
(3) trade issues, such as protection of intellectual
property rights, improvements in standards, testing, labeling
and certification, and government procurement;
(4) the protection of property rights, such as protection
against expropriation and a functioning and fair judicial
system;
(5) the 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;
(6) appropriate fiscal systems, such as reducing high
import and corporate taxes, controlling government consumption,
participation in bilateral investment treaties, and the
harmonization of such treaties to avoid double taxation;
(7) foreign investment issues, such as the provision of
national treatment for foreign investors, removing restrictions
on investment, and other measures to create an environment
conducive to domestic and foreign investment;
(8) supporting the growth of regional markets within a free
trade area framework;
(9) governance issues, such as eliminating government
corruption, minimizing government intervention in the market
such as price controls and subsidies, and streamlining the
business license process;
(10) supporting the growth of the private sector, in
particular by promoting the emergence of a new generation of
African entrepreneurs;
(11) encouraging the private ownership of government-
controlled economic enterprises through divestiture programs;
and
(12) observing the rule of law, including equal protection
under the law and the right to due process and a fair trial.
(b) Additional Factors.--In determining whether a sub-Saharan
African country is eligible under subsection (a), the President shall
take into account the following factors:
(1) An expression by such country of its desire to be an
eligible country under subsection (a).
(2) The extent to which such country has made substantial
progress toward--
(A) reducing tariff levels;
(B) binding its tariffs in the World Trade
Organization and assuming meaningful binding
obligations in other sectors of trade; and
(C) eliminating nontariff barriers to trade.
(3) Whether such country, if not already a member of the
World Trade Organization, is actively pursuing membership in
that Organization.
(4) Where applicable, the extent to which such country is
in material compliance with its obligations to the
International Monetary Fund and other international financial
institutions.
(5) The extent to which such country has a recognizable
commitment to reducing poverty, increasing the availability of
health care and educational opportunities, the expansion of
physical infrastructure in a manner designed to maximize
accessibility, increased access to market and credit facilities
for small farmers and producers, and improved economic
opportunities for women as entrepreneurs and employees, and
promoting and enabling the formation of capital to support the
establishment and operation of micro-enterprises.
(6) Whether or not such country engages in activities that
undermine United States national security or foreign policy
interests.
(c) Continuing Compliance.--
(1) Monitoring and review of certain countries.--The
President shall monitor and review the progress of sub-Saharan
African countries in order to determine their current or
potential eligibility under subsection (a). Such determinations
shall be based on quantitative factors to the fullest extent
possible and shall be included in the annual report required by
section 15.
(2) Ineligibility of certain countries.--A sub-Saharan
African country described in paragraph (1) that has not made
continual progress in meeting the requirements with which it is
not in compliance shall be ineligible to participate in
programs, projects, or activities, or receive assistance or
other benefits, under this Act.
SEC. 5. 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
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