September 30, 2025
Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance
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.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the AGOA Extension and Bilateral Engagement Act of 2025
.
(b) Table of contents
The table of contents for this Act is as follows:
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 (19 U.S.C. 2466b) is amended—
(1)
by striking section 506A(c)
and inserting section 506A(e)
; and
(2)
by striking 2025
and inserting 2027
.
(b) African Growth and Opportunity Act
(1) In general
Section 112(g) of the African Growth and Opportunity Act (19 U.S.C. 3721(g)) is amended by striking 2025
and inserting 2027
.
(2) Extension of regional apparel article program
Section 112(b)(3)(A) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is amended—
(A)
in clause (i), by striking 21 succeeding 1-year periods
and inserting 23 succeeding 1-year periods
; and
(B)
in clause (ii)(II), by striking 2025
and inserting 2027
.
(3) Extension of third-country fabric program
Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended—
(A)
in the paragraph heading, by striking 2025
and inserting 2027
;
(B)
in subparagraph (A), by striking 2025
and inserting 2027
; and
(C)
in subparagraph (B)(ii), by striking 2025
and inserting 2027
.
(4) Technical corrections
Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended—
(A)
in subsection (a), by striking section 506A(c)
and inserting section 506A(e)
; and
(B)
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—
(1)
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);
(2)
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;
(3)
an outline of criteria used to determine the readiness of each AGOA beneficiary country for such negotiations, which shall include—
(A)
adherence to the eligibility criteria set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703) and section 506A of the Trade Act of 1974 (19 U.S.C. 2466a);
(B)
capacity to comply with obligations under agreements with the United States; and
(C)
respect for democratic governance, rule of law, and human rights; and
(4)
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—
(1)
the Secretary of State;
(2)
the Secretary of Commerce; and
(3)
stakeholders, including United States businesses, labor organizations, civil society groups, and African regional economic communities.
(d) Definitions
In this section:
(1) AGOA beneficiary country
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)).
(2) Appropriate committees of Congress
The term appropriate committees of Congress means—
(A)
the Committee on Finance, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Title II Bilateral relationship with South Africa
Sec. 201. Sense of Congress
It is the sense of Congress that—
(1)
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
(2)
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:
(1)
The findings of the review required by section 202.
(2)
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.
(b) Elements
The report required under subsection (a) shall include the following elements:
(1)
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.).
(2)
With respect to each person included on such list—
(A)
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 appropriate congressional committees
means—
(1)
the Committee on Foreign Relations of the Senate; and
(2)
the Committee on Foreign Affairs of the House of Representatives.