[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6455 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6455

   To promote, facilitate, and increase two-way trade and investment 
                 between the United States and Africa.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2022

  Mr. McCaul (for himself and Mrs. Murphy of Florida) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
and in addition to the Committee on Ways and Means, 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 promote, facilitate, and increase two-way trade and investment 
                 between the United States and 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 ``Prosper Africa Act''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to promote, facilitate, and 
increase two-way trade and investment between the United States and 
African countries to strengthen commercial ties, promote economic 
growth and job creation, and advance strategic partnerships.

SEC. 3. PROSPER AFRICA INITIATIVE.

    (a) Establishment.--The President shall establish an initiative to 
be known as the ``Prosper Africa Initiative'' (in this Act referred to 
as the ``Initiative'').
    (b) Purposes.--The purposes of the Initiative shall be to 
prioritize and coordinate United States Government programs, 
activities, and diplomatic efforts aimed at increasing two-way trade 
and investment between the United States and Africa, including to--
            (1) identify, promote, and increase trade and investment 
        opportunities, facilitate business and investor engagement, and 
        support dissemination of data and market information to better 
        inform United States businesses and investors of trade and 
        investment opportunities across Africa;
            (2) support efforts of the United States and African 
        private sectors to access, navigate, deepen, and compete in 
        African and global capital markets using a private sector-led 
        and sector-specific approach that includes energy, agriculture, 
        information and communications technology, healthcare, 
        financial services, arts and entertainment, and infrastructure;
            (3) modernize, streamline, and improve access to resources 
        and services designed to promote increased trade and investment 
        opportunities for United States and African businesses and 
        investors;
            (4) promote economic growth and job creation in the United 
        States and Africa, while advancing strategic partnerships; and
            (5) identify policy, regulatory, and legal reforms needed 
        to reduce trade and investment barriers between the United 
        States and Africa and improve the business and investment 
        climate in the United States and Africa, including through the 
        reduction of the cost of accessing capital.

SEC. 4. LEADERSHIP AND COORDINATION OF INITIATIVE.

    (a) Directorate.--The President shall establish a directorate to be 
known as the ``Prosper Africa Directorate'' (in this Act referred to as 
the ``Directorate'').
    (b) Executive Director.--The President shall appoint an Executive 
Director of the Directorate who shall be responsible for the 
management, coordination, and information sharing functions of the 
Prosper Africa Initiative established pursuant to section 3(a) and 
other duties that support the purposes of the Initiative described in 
section 3(b) as appropriate.
    (c) Duties.--The Executive Director shall be responsible for--
            (1) convening relevant Federal departments and agencies to 
        coordinate programs, assistance, communications, and 
        stakeholder engagement, and consulting with such departments 
        and agencies on the appropriate levels and allocation of 
        resources in support of achieving the strategic objectives of 
        the Initiative;
            (2) planning and implementing information sharing and other 
        collaboration efforts among relevant Federal departments and 
        agencies, and the private sector as appropriate, related to 
        trade and investment opportunities, African capital markets, 
        and relevant transactions in Africa and support for monitoring, 
        evaluation, and transaction facilitation;
            (3) engaging with United States and African private sector 
        partners, civil society organizations, nongovernmental 
        organizations and the African diaspora community, as 
        appropriate, to solicit input and feedback on the Initiative's 
        activities, as well as any technical, policy, financial, and 
        political obstacles private sector partners encounter in 
        accessing or expanding in African markets or gaining access to 
        capital for those purposes; and
            (4) establishing measurable goals and objectives for the 
        purposes of carrying out the Initiative.
    (d) Leadership Committee.--
            (1) In general.--The President shall establish an 
        interagency leadership committee (in this subsection referred 
        to as the ``committee'') to provide strategic guidance for 
        administering the objectives of the Initiative and serve as the 
        United States interagency strategic development and 
        coordination body for efforts of relevant Federal departments 
        and agencies.
            (2) Membership.--The committee shall include 
        representatives from relevant Federal departments and agencies, 
        as determined appropriate by the President.
            (3) Chairperson.--The Executive Director of the Directorate 
        shall serve as chairperson of the committee.
            (4) Meetings.--The committee shall meet not less than four 
        times each year at the call of the Executive Director of the 
        Directorate (or the Director's designee).
    (e) Staffing and Field Presence.--Subject to the availability of 
appropriations--
            (1) the Directorate shall be supported by at least 6 full-
        time employees of the Federal Government, which should include 
        personnel detailed to the Directorate from relevant Federal 
        departments and agencies, who are stationed in Africa and whose 
        sole duties are to support the purposes of--
                    (A) the Initiative described in section 3(b); or
                    (B) the provisions of the Better Utilization of 
                Investments Leading to Development Act of 2018 (Public 
                Law 116-283) with respect to Africa and in compliance 
                with the requirements of the Championing American 
                Business Through Diplomacy Act of 2019 (Public Law 116-
                94; 22 U.S.C. 9901 et seq.); and
            (2) relevant Federal departments and agencies should detail 
        personnel to the Directorate at the Directorate's offices in 
        the United States.
    (f) Deal Teams.--
            (1) In general.--The Prosper Africa Initiative established 
        pursuant to section 3(a) shall be supported by designated 
        embassy staff holding positions related to United States 
        commercial and economic interests at United States embassies 
        located in Africa, to the extent practicable. Such designated 
        embassy staff at a United States embassy located in Africa 
        shall be referred to as a ``deal team'' for purposes of this 
        subsection.
            (2) Duties.--Each deal team shall prioritize efforts to 
        identify commercial opportunities, advocate for improvements in 
        the business and investment climate, engage and consult with 
        private sector partners, and report on such activities, in 
        compliance with the applicable requirements of the Championing 
        American Business Through Diplomacy Act of 2019 (Public Law 
        116-94; 22 U.S.C. 9901 et seq.).

SEC. 5. INVESTMENT PROMOTION AND TRADE CAPACITY BUILDING ASSISTANCE.

    (a) In General.--The President, acting through the Executive 
Director of the Directorate, shall develop and implement policies that 
promote, facilitate, and increase two-way trade and investment between 
the United States and Africa, including by providing support for--
            (1) activities to advance trade capacity building 
        assistance, as authorized by the African Growth and Opportunity 
        Act and Millennium Challenge Modernization Act (Public Law 115-
        167) and the amendments made by that Act, and other applicable 
        statutes;
            (2) identification and development of investment 
        opportunities for the United States private sector in partner 
        countries and efforts to facilitate and promote trade and 
        investment opportunities in the United States and Africa;
            (3) analysis of market systems, trends, prospects and 
        opportunities for value-addition, including risk assessments 
        and constraints analyses of key sectors and United States 
        strategic competitiveness, and other reporting on commercial 
        opportunities and investment climate in Africa;
            (4) outreach and engagement with small and medium-sized 
        enterprises in Africa or doing business with African partners, 
        including women-led and diaspora-owned businesses;
            (5) efforts to leverage resources and expertise to lower 
        non-tariff barriers to trade and investment in Africa, such as 
        African enterprise access to capital, and to generally promote 
        a conducive business climate for private sector investment;
            (6) technical assistance to the African Union and regional 
        economic communities to implement the African Continental Free 
        Trade Area and support regional economic integration; and
            (7) development of local African capital markets and 
        Africa's access to lower cost, longer-term capital on global 
        capital markets, including improving African investment 
        readiness, increasing the availability of market-based risk 
        mitigation tools and improving the reliability and availability 
        of investment data, to promote the larger-scale, standardized, 
        transparent investment flows asked for by investors.
    (b) Priority.--In providing assistance to carry out the activities 
described in subsection (a), the President should consider United 
States strategic interests when allocating such assistance and give 
priority for activities in countries that--
            (1) have demonstrated support for economic policies that 
        promote the development of private enterprise, including 
        foreign direct investment, and taken steps to improve a 
        business enabling environment that could benefit the United 
        States private sector and economy if such assistance is 
        provided; or
            (2) are designated by the President--
                    (A) as an eligible sub-Saharan African country 
                under the African Growth and Opportunity Act (19 U.S.C. 
                3703);
                    (B) as meeting the threshold requirements to enter 
                into an agreement with the United States under section 
                609 of the Millennium Challenge Act of 2003 (22 U.S.C. 
                7708; relating to Millennium Challenge Compact); or
                    (C) as a beneficiary developing country under 
                section 502 or 506A of the Trade Act of 1974 (19 U.S.C. 
                2462 or 2466a) and has ratified and taken steps to 
                implement the African Continental Free Trade Area.

SEC. 6. ADVISORY COUNCIL.

    (a) Establishment.--The President shall establish an advisory 
council--
            (1) to advise the President, and others as appropriate, on 
        the extent to which the Directorate and relevant Federal 
        departments and agencies are meeting their objectives under 
        this Act, and provide suggestions for improvements with respect 
        to meeting those objectives, including implementation 
        challenges and opportunities; and
            (2) to support efforts to identify, promote, and facilitate 
        opportunities to expand commercial ties between the United 
        States and Africa.
    (b) Membership.--
            (1) In general.--The advisory council shall be composed 
        of--
                    (A) not less than 12 members appointed by the 
                President, in consultation with the Executive Director 
                of the Directorate and Congress, from among individuals 
                with significant experience investing and operating in 
                Africa, including representatives of United States and 
                African diaspora-owned, women-owned, and small and 
                medium-sized enterprises; and
                    (B) the co-chairs or two appropriate designees of 
                the President's Advisory Council on Doing Business in 
                Africa, as established by Executive Order 13734.
            (2) Terms; reappointment.--Each of the members of the 
        advisory council--
                    (A) shall serve a term of 2 years; and
                    (B) may be reappointed for one additional term.
            (3) Deadline for appointment.--Each of the members of the 
        advisory council shall be appointed under paragraph (1) not 
        later than 90 days after the date on which the President 
        establishes the Advisory Committee under subsection (a).
            (4) Vacancies.--A vacancy in the Advisory Council shall be 
        filled in the manner in which the original appointment was 
        made.
    (c) Chairperson.--
            (1) In general.--The Executive Director of the Directorate 
        shall appoint a chairperson of the advisory committee from 
        among the members of the advisory committee appointed under 
        paragraph (1).
            (2) Terms; reappointment.--The chairperson of the advisory 
        committee--
                    (A) shall serve a term of 2 years; and
                    (B) may not be reappointed.
    (d) Prohibition on Compensation.--Members of the advisory council 
may not receive pay, allowances, or benefits by reason of their service 
on the advisory committee.
    (e) Meetings.--The advisory council shall meet at the call of the 
Executive Director.

SEC. 7. UNITED STATES-AFRICAN LEADERS SUMMIT.

     The President shall seek to convene on a biennial basis a meeting 
between the United States Government and heads of state of countries of 
Africa, to be known as the ``United States-African Leaders Summit'', 
for purposes of advancing shared priorities and strengthening 
diplomatic, economic, and security partnerships in Africa.

SEC. 8. UNITED STATES STRATEGY TO PROMOTE TRADE AND INVESTMENT IN 
              AFRICA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President, in consultation with the heads of 
the relevant Federal departments and agencies, shall submit to the 
appropriate congressional committees and make publicly available a 
single government-wide strategy, to be known as the ``Prosper Africa 
Strategy'', that provides a detailed description of how the United 
States intends to fulfill the policy objectives of this Act.
    (b) Matters To Be Included.--The strategy required by subsection 
(a) shall--
            (1) support and be aligned with other relevant strategies 
        of the United States Government;
            (2) outline a plan to enhance coordination and information 
        sharing among relevant Federal departments and agencies on 
        investment climate and opportunities and provide support to 
        pending transactions, and
            (3) include specific and measurable goals, benchmarks, 
        performance metrics, and timetables to carry out the purposes 
        of this Act, and training, monitoring, and evaluation plans to 
        ensure the accountability and effectiveness of all policies and 
        initiatives carried out under the strategy.
    (c) Specific Implementation Plan.--The strategy required by 
subsection (a) shall include a specific implementation plan, in 
coordination with the recommendations and activities of the Economic 
Diplomacy Action Group as required by section 708(c) of the Championing 
American Business Through Diplomacy Act of 2019 (Public Law 116-94; 22 
U.S.C. 9904) from each of the relevant Federal departments and agencies 
that describes--
            (1) the anticipated contributions of the department or 
        agency, including technical, financial, and in-kind 
        contributions, to implement the strategy;
            (2) the efforts of the department or agency to ensure that 
        the policies and initiatives carried out pursuant to the 
        strategy are designed to achieve maximum impact and 
        effectiveness and progress made toward achieving the goals, 
        benchmarks, performance metrics, and timetables outlined in 
        subsection (b)(3); and
            (3) recommendations on necessary resources, including 
        staffing, to expand efforts to promote trade and investment 
        between the United States and Africa.

SEC. 9. REPORT.

    Not later than 180 days after the submission of the strategy 
required by section 8(a), and annually thereafter until 2026, the 
President shall submit to the appropriate congressional committees a 
report, in coordination with the report required by the Championing 
American Business Through Diplomacy Act of 2019 (Public Law 116-94; 22 
U.S.C. 9901 et seq.), that--
            (1) summarizes and evaluates the implementation of United 
        States diplomatic efforts and foreign assistance programs, 
        projects, and activities to advance the policy objectives set 
        forth in section 2;
            (2) describes the nature and extent of coordination among 
        relevant Federal departments and agencies, including a summary 
        of activities and engagements of the Directorate and the 
        interagency leadership committee established pursuant to 
        section 4(d);
            (3) provides data on goals identified for financial 
        commitments under the Initiative and any private capital 
        mobilized to support and finalize transactions, opportunities 
        identified by relevant Federal departments and agencies, and 
        transactions determined to be ineligible for United States 
        support or not being pursued for other reasons under the 
        Initiative; and
            (4) describes the monitoring and evaluation tools, 
        mechanisms, and indicators to assess progress made on the 
        policy objectives set forth in section 2.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Private sector.--The term ``private sector'' means for-
        profit businesses and not-for-profit entities.

SEC. 11. SUNSET.

    The requirements of this Act shall terminate on the date that is 7 
years after the date of the enactment of this Act.
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