S.Amdt. 1536

SA 1536. Mr. INHOFE (for himself and Mr. Coons) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN
COUNTRIES.

(a) Plan Requirements and Reporting.--Section 116 of the
African Growth and Opportunity Act (19 U.S.C. 3723) is
amended by adding at the end the following:
``(d) Plan Requirement.--
``(1) In general.--The President shall develop a plan for
the purpose of negotiating and entering into one or more free
trade agreements with all eligible sub-Saharan African
countries. The plan shall identify the 10 to 15 eligible sub-
Saharan African countries or groups of such countries that
are most ready for a free trade agreement with the United
States.
``(2) Elements of plan.--The plan required by paragraph (1)
shall include, for each eligible sub-Saharan African country,
the following:
``(A) The steps each such country needs to be equipped and
ready to enter into a free trade agreement with the United
States, including the effective implementation of the WTO
Agreements and the development of a bilateral investment
treaty.
``(B) Milestones for accomplishing each step identified in
subparagraph (A) for each such country, with the goal of
establishing a free trade agreement with each such country
not later than 10 years after the date of the enactment of
the Trade Act of 2015.
``(C) A description of the resources required to assist
each such country in accomplishing each milestone described
in subparagraph (B).
``(D) 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.
``(E) Procedures to ensure the following:
``(i) Adequate consultation with Congress and the private
sector during the negotiations.
``(ii) Consultation with Congress regarding all matters
relating to implementation of the agreement or agreements.
``(iii) Approval by 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.
``(3) Reporting requirement.--Not later than 12 months
after the date of the enactment of the Trade Act of 2015, and
every 5 years thereafter, the President shall prepare and
submit to Congress a report containing the plan developed
pursuant to paragraph (1).
``(4) Definitions.--In this subsection:
``(A) Eligible sub-saharan african country.--The term
`eligible sub-Saharan African country' means a country
designated as an eligible sub-Saharan African country under
section 104.
``(B) WTO.--The term `WTO' means the World Trade
Organization.
``(C) WTO agreement.--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)).
``(D) WTO agreements.--The term `WTO Agreements' means the
WTO Agreement and agreements annexed to that Agreement.''.
(b) Coordination of USAID With Free Trade Agreement
Policy.--
(1) Authorization of funds.--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--
(A) to assist eligible countries, including by deploying
resources to such countries, in addressing the steps and
milestones identified in the plan developed under subsection
(d) of section 116 of the African Growth and Opportunity Act
(19 U.S.C. 3723), as added by subsection (a); and
(B) 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 (d)(4) of such section 116).
(2) Definitions.--In this subsection:
(A) Eligible country.--The term ``eligible country'' means
a sub-Saharan African country that receives--
(i) benefits under for the African Growth and Opportunity
Act (19 U.S.C. 3701 et seq.); and
(ii) funding from the United States Agency for
International Development.
(B) Sub-saharan african country.--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).
(c) Coordination With Millennium Challenge Corporation.--
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 that
have entered into a Millennium Challenge Compact pursuant to
section 609 of the Millennium Challenge Act of 2003 (22
U.S.C. 7708) that have been declared eligible to enter into
such a Compact for the purpose of developing and carrying out
the plan required by subsection (d) of section 116 of the
African Growth and Opportunity Act (19 U.S.C. 3723), as added
by subsection (a).
(d) Millennium Challenge Corporation Concurrent Compacts.--
(1) In general.--Section 609 of the Millennium Challenge
Act of 2003 (22 U.S.C. 7708) is amended--
(A) in subsection (k), by striking the first sentence; and
(B) by adding at the end the following:
``(l) Concurrent Compacts.--
``(1) In general.--Subject to paragraphs (2) and (3), an
eligible country and the United States may enter into and
have in effect not more than 2 Compacts at any given time
under this section.
``(2) Purposes of compacts.--An eligible country and the
United States that have entered into and have in effect a
Compact under this section may enter into and have in effect
at the same time one additional Compact in accordance with
the requirements of this title if--
``(A) one or both of the Compacts are or will be for
purposes of regional economic integration, increased regional
trade, or cross-border collaborations; and
``(B) the Board determines that the country is making
considerable and demonstrable progress in implementing the
terms of the existing Compact and supplementary agreements to
that Compact.
``(m) Limitation of Use of Funds.--Amounts made available
to carry out this title, including amounts made available to
enter into a Compact under this section or to provide
assistance under section 616 or any other form of assistance
under this title to a country, may not be obligated or
expended for the purpose of entering into such a Compact with
or providing such assistance to a country that has not been
selected by the Board as eligible.''.
(2) Conforming amendment.--Section 613(b)(2)(A) of such Act
(22 U.S.C. 7712(b)(2)(A)) is amended by striking ``the
Compact'' and inserting ``any Compact''.
(3) Applicability.--The amendments made by this subsection
apply with respect to Compacts entered into between the
United States and an eligible country under the Millennium
Challenge Act of 2003 before, on, or after the date of the
enactment of this Act.
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