S. 2958

119th CONGRESS 1st Session

To extend the African Growth and Opportunity Act, to require a full review of the bilateral relationship between the United States and South Africa, and for other purposes.

IN THE SENATE OF THE UNITED STATES · September 30, 2025 · Sponsor: Mr. Kennedy · Committee: Committee on Finance

Sec. 1. Short title; table of contents.

(a) Short title
- This Act may be cited as the AGOA Extension and Bilateral Engagement Act of 2025.
- Short title
(b) Table of contents

TITLE I—Extension of African Growth and Opportunity Act

Sec. 101. Extension of African Growth and Opportunity Act.

(a) In general
- Section 506B of the Trade Act of 1974 () is amended— 19 U.S.C. 2466b
  - by striking section 506A(c)and inserting section 506A(e); and
  - by striking and inserting .
(b) African Growth and Opportunity Act
- (1) In general
  - Section 112(g) of the African Growth and Opportunity Act () is amended by striking and inserting . 19 U.S.C. 3721(g)
- (2) Extension of regional apparel article program
  - Section 112(b)(3)(A) of the African Growth and Opportunity Act () is amended— 19 U.S.C. 3721(b)(3)(A)
    - in clause (i), by striking 21 succeeding 1-year periodsand inserting 23 succeeding 1-year periods; and
    - in clause (ii)(II), by striking and inserting .
- (3) Extension of third-country fabric program
  - Section 112(c)(1) of the African Growth and Opportunity Act () is amended— 19 U.S.C. 3721(c)(1)
    - in the paragraph heading, by striking and inserting ;
    - in subparagraph (A), by striking and inserting ; and
    - in subparagraph (B)(ii), by striking and inserting .
- (4) Technical corrections
  - Section 112 of the African Growth and Opportunity Act () is amended— 19 U.S.C. 3721
    - in subsection (a), by striking section 506A(c)and inserting section 506A(e); and
    - in subsection (f)(2), by striking section 506A(c)and inserting section 506A(e).

Sec. 102. Strategy to develop bilateral trade agreements with AGOA countries.

(a) In general
- Not later than 180 days after the date of the enactment of this Act, the United States Trade Representative shall submit to the appropriate committees of Congress a report that outlines a strategy to expand and deepen trade and investment relationships between the United States and AGOA beneficiary countries through bilateral trade agreements.
(b) Strategy requirements
- The strategy required by subsection (a) shall include—
  - an assessment of trade and investment flows between the United States and AGOA beneficiary countries as of the date of the submission of the report under subsection (a);
  - an identification of at least 5 AGOA beneficiary countries with which the United States will prioritize negotiations for bilateral trade agreements or trade and investment framework agreements;
  - an outline of criteria used to determine the readiness of each AGOA beneficiary country for such negotiations, which shall include—
    - adherence to the eligibility criteria set forth in section 104 of the African Growth and Opportunity Act () and section 506A of the Trade Act of 1974 (); 19 U.S.C. 3703; 19 U.S.C. 2466a
    - capacity to comply with obligations under agreements with the United States; and
    - respect for democratic governance, rule of law, and human rights; and
  - a timeline and work plan for initiating such negotiations.
(c) Consultations
- In developing the strategy required by subsection (a), the Trade Representative shall consult with—
  - the Secretary of State;
  - the Secretary of Commerce; and
  - stakeholders, including United States businesses, labor organizations, civil society groups, and African regional economic communities.
(d) Definitions
- In this section:
  - The term AGOA beneficiary country means a beneficiary sub-Saharan African country (as defined in section 506A(e) of the Trade Act of 1974 (). 19 U.S.C. 2466a(e)
  - The term appropriate committees of Congress means—

TITLE II—Bilateral relationship with South Africa

Sec. 201. Sense of Congress.

It is the sense of Congress that—

it is in the national security interest of the United States to deter strategic political and security cooperation and information sharing with the People's Republic of China and the Russian Federation, particularly any form of cooperation that may aid or abet the Russian Federation’s illegal war of aggression in Ukraine or its international standing or influence; and
the foreign policy actions of the African National Congress have long ceased to reflect its stated stance of nonalignment, and now directly favor the People's Republic of China, the Russian Federation, and Hamas, a known proxy of Iran, and thereby undermine United States national security and foreign policy interests.

Sec. 202. Full review of the bilateral relationship.

The President, in consultation with the Secretary of State, the Secretary of Defense, the United States Ambassador to South Africa, and the heads of other departments and agencies that play a substantial role in United States relations with South Africa, shall conduct a comprehensive review of the bilateral relationship between the United States and South Africa.

Sec. 203. Report and certification.

Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following:

The findings of the review required by section 202.
A certification, in consultation with the Secretary of State and the Secretary of Defense, explicitly stating whether South Africa has engaged in activities that undermine the national security or foreign policy interests of the United States, together with an unclassified report, including a classified annex as necessary, providing a justification for the determination. The President shall publish the certification in unclassified form.

Sec. 204. Report on sanctionable persons.

(a) In general
- Not later than 120 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State and the Secretary of the Treasury, shall submit to the appropriate congressional committees a classified report on senior South African government officials and African National Congress leaders.
- In general
(b) Elements
- The report required under subsection (a) shall include the following elements:
  - A list of senior South African government officials and African National Congress leaders the President determines have engaged in corruption or human rights abuses that would be sufficient, based on credible evidence, to meet the criteria for the imposition of sanctions pursuant to the authorities provided by the Global Magnitsky Human Rights Accountability Act (). 22 U.S.C. 10101 et seq.
  - With respect to each person included on such list—
    - a detailed explanation describing the conduct forming the basis of the person’s inclusion on the list; and
  - (B)
    - (i) the expected timeline for sanctions described in paragraph (1) to be imposed with respect to such person; or
    - (ii) if the President does not intend to impose sanctions with respect to such person, a detailed justification describing the rationale and legal authorities underlying such negative determination.

Sec. 205. Appropriate congressional committees defined.

In this title, the term means— appropriate congressional committees

the Committee on Foreign Relations of the Senate; and
the Committee on Foreign Affairs of the House of Representatives.