I 

108TH CONGRESS 

1ST SESSION H. R. 3572

To amend the African Growth and Opportunity Act to expand certain trade 

benefits to eligible sub-Saharan African countries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. MCDERMOTT (for himself, Mr. ROYCE, Mr. RANGEL, Mr. JEFFERSON, 

Mr. NEAL of Massachusetts, Mr. PAYNE, and Mr. HOUGHTON) introduced the following bill; which was referred to the Committee on Ways 

and Means, and in addition to the Committees on International Relations, 

Financial Services, and Agriculture, 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 amend the African Growth and Opportunity Act to expand certain trade benefits to eligible sub-Saharan African countries, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘AGOA III Act’’.

5 SEC. 2. FINDINGS. 

6 The Congress finds that—
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1 (1) the African Growth and Opportunity Act (in 

2 this section referred to as ‘‘the Act’’) has helped to 

3 spur economic growth and bolster economic reforms 

4 in the countries of sub-Saharan Africa and has fos5 tered stronger economic ties between the countries of 

6 sub-Saharan Africa and the United States; as a re7 sult, exports from the United States to sub-Saharan 

8 Africa reached record levels after the enactment of 

9 the Act, while exports from sub-Saharan Africa to 

10 the United States have increased considerably; 

11 (2) the Act’s eligibility requirements have rein12 forced democratic values and the rule of law, and 

13 have strengthened adherence to core labor standards 

14 in eligible sub-Saharan African countries; 

15 (3) the Act’s eligibility criterion on elimination 

16 of the worst forms of child labor has supported ef17 forts to implement Convention 182 of the Inter18 national Labor Organization, including efforts to 

19 strengthen laws to prohibit child trafficking; 

20 (4) the Act has helped to bring about substan21 tial increases in foreign investment in sub-Saharan 

22 Africa, especially in the textile and apparel sectors, 

23 where tens of thousands of new jobs have been cre24 ated; 
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1 (5) despite gains in fiber and fabric production, 

2 countries in sub-Saharan Africa cannot produce 

3 enough fiber or fabric to meet the needs of African 

4 apparel producers; 

5 (6) as a result of the Agreement on Textiles 

6 and Apparel of the World Trade Organization, under 

7 which quotas maintained by WTO member countries 

8 on textile and apparel products end on January 1, 

9 2005, sub-Saharan Africa’s textile and apparel in10 dustry will be severely challenged by countries whose 

11 industries are more developed and have greater ca12 pacity, economies of scale, and better infrastructure; 

13 (7) sustainable development and economic 

14 growth in sub-Saharan Africa will require a healthy 

15 workforce and a diverse economy that utilizes sub16 Saharan Africa’s vast agriculture and other natural 

17 resources in a sustainable manner; 

18 (8) trade ministers from sub-Saharan Africa 

19 have identified two key impediments to the develop20 ment of sub-Saharan Africa’s agricultural sector: an 

21 inability to compete with subsidized agricultural 

22 products from developed countries, and difficulties in 

23 complying with sanitary and phytosanitary restric24 tions of developed countries; 
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1 (9) the underdeveloped physical and financial 

2 infrastructure in sub-Saharan Africa continues to 

3 discourage investment in the region; 

4 (10) the United States-Sub-Saharan Africa 

5 Trade and Economic Cooperation Forum, estab6 lished under section 105 of the Act, has proven to 

7 be useful in building trade and investment ties be8 tween United States and African government agen9 cies, businesses, and nongovernmental organizations; 

10 and 

11 (11) regional integration establishes a founda12 tion on which sub-Saharan African countries can co13 ordinate and pursue policies grounded in African in14 terests and history to achieve sustainable develop15 ment. 

16 SEC. 3. STATEMENT OF POLICY. 

17 The Congress supports—

18 (1) a continued commitment to increase trade 

19 between the United States and sub-Saharan Africa 

20 and increase investment in sub-Saharan Africa to 

21 the benefit of workers, businesses, and farmers in 

22 the United States and in sub-Saharan Africa, in23 cluding by developing innovative approaches to en24 courage development and investment in sub-Saharan 

25 Africa;
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1 (2) a reduction of tariff and nontariff barriers 

2 and other obstacles to trade between the countries of 

3 sub-Saharan African and the United States, with 

4 particular emphasis on reducing barriers to trade in 

5 emerging sectors of the economy that have the 

6 greatest potential for development; 

7 (3) development of sub-Saharan Africa’s phys8 ical and financial infrastructure; 

9 (4) international efforts to fight HIV/AIDS, 

10 malaria, tuberculosis, other infectious diseases, and 

11 serious public health problems; 

12 (5) the aims of the New Partnership for Afri13 can Development (NEPAD), which include—

14 (A) reducing poverty and increasing eco15 nomic growth; 

16 (B) promoting peace, democracy, security, 

17 and human rights; 

18 (C) promoting African integration by deep19 ening linkages between African countries and 

20 by accelerating Africa’s economic and political 

21 integration into the rest of the world; 

22 (D) attracting investment, debt relief, and 

23 development assistance; 

24 (E) promoting trade and economic diver25 sification; 
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1 (F) broadening global market access for 

2 United States and African exports; 

3 (G) improving transparency, good govern4 ance, and political accountability; 

5 (H) expanding access to social services, 

6 education, and health services with a high pri7 ority given to addressing HIV/AIDS, malaria, 

8 tuberculosis, other infectious diseases, and 

9 other public health problems; 

10 (I) promoting the role of women in social 

11 and economic development by reinforcing edu12 cation and training and by assuring their par13 ticipation in political and economic arenas; and 

14 (J) building the capacity of governments in 

15 sub-Saharan Africa to set and enforce a legal 

16 framework, as well as enforcing the rule of law; 

17 and 

18 (6) negotiation of reciprocal trade agreements 

19 between the United States and sub-Saharan African 

20 countries, with the overall goal of expanding trade 

21 across all of sub-Saharan Africa. 

22 SEC. 4. SENSE OF CONGRESS ON RECIPROCITY AND RE23 GIONAL ECONOMIC INTEGRATION. 

24 It is the sense of the Congress that—
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1 (1) the preferential market access opportunities 

2 for eligible sub-Saharan African countries will be 

3 complemented and enhanced if those countries are 

4 implementing actively and fully, consistent with any 

5 remaining applicable phase-in periods, their obliga6 tions under the World Trade Organization, including 

7 obligations under the Agreement on Trade-Related 

8 Aspects of Intellectual Property, the Agreement on 

9 the Application of Sanitary and Phytosanitary Meas10 ures, and the Agreement on Trade-Related Invest11 ment Measures, as well as the other agreements de12 scribed in section 101(d) of the Uruguay Round 

13 Agreements Act (19 U.S.C. 3511(d)); 

14 (2) eligible sub-Saharan African countries 

15 should participate in ongoing negotiations under the 

16 auspices of the World Trade Organization, including 

17 by making reciprocal commitments with respect to 

18 improving market access for industrial and agricul19 tural goods, and for services, recognizing that such 

20 commitments may need to be asymmetrical to reflect 

21 differences in development; and 

22 (3) some of the most pernicious trade barriers 

23 against exports by developing countries are the trade 

24 barriers maintained by other developing countries, 

25 and, therefore, eligible sub-Saharan African coun-
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1 tries will benefit from the increased regional eco2 nomic integration that results from intra-regional 

3 free trade agreements, particularly where such 

4 agreements eliminate barriers to regional trade. 

5 SEC. 5. DEFINITION. 

6 In this Act, the term ‘‘eligible sub-Saharan African 

7 country’’ means an eligible sub-Saharan African country 

8 under the African Growth and Opportunity Act. 

9 TITLE I—TRADE BENEFITS 

10 SEC. 101. ENHANCED BENEFITS UNDER GENERALIZED SYS11 TEM OF PREFERENCES. 

12 (a) REMOVAL OF IMPORT SENSITIVITY REQUIRE13 MENT.—Section 506A(b)(1) of the Trade Act of 1974 (19 

14 U.S.C. 2466a(b)(1)) is amended to read as follows: 

15 ‘‘(1) IN GENERAL.—The President shall provide 

16 duty-free treatment for any article described in sec17 tion 503(b)(1)(B) through (G) that is the growth, 

18 product, or manufacture of a beneficiary sub-Saha19 ran African country described in subsection (a).’’. 

20 (b) TERMINATION DATE.—Section 506B of the 

21 Trade Act of 1974 (19 U.S.C. 2466b) is amended by strik22 ing ‘‘2008’’ and inserting ‘‘2020’’. 
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1 SEC. 102. APPAREL TRADE BENEFITS. 

2 (a) PRODUCTS COVERED.—Section 112(b) of the Af3 rican Growth and Opportunity Act (19 U.S.C. 3721(b)) 

4 is amended—

5 (1) by striking paragraphs (5) and (7); 

6 (2) by redesignating paragraph (4) as para7 graph (5); 

8 (3) by redesignating paragraph (6) as para9 graph (8); 

10 (4) by striking paragraphs (1) through (3) and 

11 inserting the following: 

12 ‘‘(1) APPAREL ARTICLES ASSEMBLED IN BENE13 FICIARY SUB-SAHARAN AFRICAN COUNTRIES.—Ap14 parel articles sewn or otherwise assembled in one or 

15 more beneficiary sub-Saharan African countries for 

16 which the component that determines the classifica17 tion under the Harmonized Tariff Schedule of the 

18 United States is—

19 ‘‘(A) formed from fabrics formed and cut 

20 in the United States, from yarns formed in the 

21 United States (including fabrics not formed 

22 from yarns, if such fabrics are classifiable 

23 under heading 5602 or 5603 of the Harmonized 

24 Tariff Schedule of the United States and are 

25 formed and cut in the United States);
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1 ‘‘(B) knit-to-shape in the United States 

2 from yarns formed in the United States; 

3 ‘‘(C) formed from fabrics formed in the 

4 United States, from yarns formed in the United 

5 States (including fabrics not formed from 

6 yarns, if such fabrics are classifiable under 

7 heading 5602 or 5603 of the Harmonized Tar8 iff Schedule of the United States and are 

9 formed in the United States) and cut in one or 

10 more beneficiary sub-Saharan African coun11 tries; 

12 ‘‘(D) formed from fabrics formed in one or 

13 more beneficiary sub-Saharan African countries 

14 from yarns originating either in the United 

15 States or in one or more beneficiary sub-Saha16 ran African countries (including fabrics not 

17 formed from yarns, if such fabrics are classifi18 able under heading 5602 or 5603 of the Har19 monized Tariff Schedule of the United States 

20 and are formed in one or more beneficiary sub21 Saharan African countries), without regard to 

22 where the fabric is cut; 

23 ‘‘(E) knit-to-shape in one or more bene24 ficiary sub-Saharan African countries from 

25 yarns originating either in the United States or 
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1 one or more beneficiary sub-Saharan African 

2 countries; or 

3 ‘‘(F)(i) cut in the United States and one 

4 or more beneficiary sub-Saharan African coun5 tries from fabric formed in the United States 

6 from yarns formed in the United States; 

7 ‘‘(ii) knit-to-shape in the United States 

8 and one or more beneficiary sub-Saharan Afri9 can countries from yarns formed in the United 

10 States; or 

11 ‘‘(iii) both cut as described in clause (i) 

12 and knit-to-shape as described in clause (ii) (in13 cluding from fabrics not formed from yarns, if 

14 such fabrics are classifiable under heading 5602 

15 or 5603 of the Harmonized Tariff Schedule of 

16 the United States). 

17 ‘‘(2) APPAREL ARTICLES FROM NONORIGI18 NATING FABRIC OR YARN.—Apparel articles that are 

19 both cut (or knit-to-shape) and sewn or otherwise 

20 assembled in one or more beneficiary sub-Saharan 

21 African countries—

22 ‘‘(A) from fabric or yarn which need not be 

23 originating under General Note 12(t) of the 

24 Harmonized Tariff Schedule of the United 
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1 States for the apparel article to qualify as origi2 nating under that Note; or 

3 ‘‘(B) from fabric or yarn which—

4 ‘‘(i) is the component that determines 

5 the classification of the articles under the 

6 Harmonized Tariff Schedule of the United 

7 States; 

8 ‘‘(ii) is not commercially available; 

9 and 

10 ‘‘(iii) which the President proclaims 

11 as eligible for use under this paragraph 

12 without regard to where the fabric or yarn 

13 is formed pursuant to the procedures set 

14 forth in paragraph (6). 

15 ‘‘(3) APPAREL ARTICLES FORMED ON SEAM16 LESS KNITTING MACHINES.—Apparel articles formed 

17 on seamless knitting machines in a beneficiary sub18 Saharan African country from yarns originating ei19 ther in the United States or one or more beneficiary 

20 sub-Saharan African countries. 

21 ‘‘(4) SPECIAL RULE FOR LESSER DEVELOPED

22 COUNTRIES.—

23 ‘‘(A) IN GENERAL.—Subject to paragraph 

24 (7), preferential treatment under paragraphs 

25 (1)(D), (1)(E), and (3) shall be extended 
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1 through September 30, 2008, for apparel arti2 cles assembled in one or more lesser developed 

3 beneficiary sub-Saharan African countries re4 gardless of the country of origin of the yarn or 

5 fabric used to make such apparel articles, and 

6 regardless of the country of origin of compo7 nents (cut or knit-to-shape) which do not deter8 mine the classification of the apparel articles. 

9 ‘‘(B) LESSER DEVELOPED BENEFICIARY

10 SUB-SAHARAN AFRICAN COUNTRY.—For pur11 poses of this subparagraph, the term ‘lesser de12 veloped beneficiary sub-Saharan African coun13 try’ means—

14 ‘‘(i) a beneficiary sub-Saharan African 

15 country that had a per capita gross na16 tional product of less than $1,500 a year 

17 in 1998, as measured by the International 

18 Bank for Reconstruction and Development; 

19 ‘‘(ii) Botswana; and 

20 ‘‘(iii) Namibia.’’; 

21 (5) by inserting after paragraph (5), as redesig22 nated by paragraph (2) of this subsection, the fol23 lowing: 

24 ‘‘(6) PROCEDURES FOR DESIGNATING FABRICS

25 OR YARNS ELIGIBLE UNDER PARAGRAPH (2)(B).—At 
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1 the request of any interested party and subject to 

2 the following requirements, the President is author3 ized to proclaim fabrics or yarns as not commercially 

4 available and thus eligible for use in the production 

5 of cut components or knit-to-shape components de6 scribed in paragraph (2)(B) if—

7 ‘‘(A) the President determines that such 

8 yarns or fabrics cannot be supplied by the do9 mestic industry in commercial quantities in a 

10 timely manner; 

11 ‘‘(B) the President has obtained advice re12 garding the proposed action from the appro13 priate advisory committee established under 

14 section 135 of the Trade Act of 1974 and the 

15 United States International Trade Commission; 

16 ‘‘(C) within 60 calendar days after the re17 quest, the President has submitted a report to 

18 the Committee on Ways and Means of the 

19 House of Representatives and the Committee 

20 on Finance of the Senate that sets forth—

21 ‘‘(i) the action proposed to be pro22 claimed and the reasons for such action; 

23 and 

24 ‘‘(ii) the advice obtained under sub25 paragraph (B);
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1 ‘‘(D) a period of 60 calendar days, begin2 ning with the first day on which the President 

3 has met the requirements of clauses (i) and (ii) 

4 of subparagraph (C), has expired; and 

5 ‘‘(E) the President has consulted with such 

6 committees regarding the proposed action dur7 ing the period referred to in subparagraph (C). 

8 ‘‘(7) LIMITATIONS ON BENEFITS ON APPAREL

9 ARTICLES DESCRIBED IN PARAGRAPHS (1)(D), (1)(E), 

10 (3), AND (4).—

11 ‘‘(A) PARAGRAPHS (1)(D), (1)(E), AND (3).—

12 ‘‘(i) IN GENERAL.—Preferential treat13 ment under paragraphs (1)(D), (1)(E), 

14 and (3) shall be extended in the 1-year pe15 riod beginning on October 1, 2000, and in 

16 each of the 14 succeeding 1-year periods, 

17 to imports of apparel articles in an amount 

18 not to exceed the applicable percentage of 

19 the aggregate square meter equivalents of 

20 all apparel articles imported into the 

21 United States in the preceding 12-month 

22 period for which data are available. 

23 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

24 purposes of this subparagraph, the term 

25 ‘applicable percentage’ means 3.67 percent 
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1 for the 1-year period beginning on October 

2 1, 2002, increased by equal increments in 

3 each succeeding 1-year period so that for 

4 the 1-year period beginning on October 1, 

5 2014, the applicable percentage does not 

6 exceed 10 percent. 

7 ‘‘(B) PARAGRAPH (4).—

8 ‘‘(i) IN GENERAL.—Preferential treat9 ment under paragraph (4) shall be ex10 tended in the 1-year period beginning on 

11 October 1, 2000, and in each of the 7 suc12 ceeding 1-year periods, to imports of ap13 parel articles in an amount not to exceed 

14 the applicable percentage of the aggregate 

15 square meter equivalents of all apparel ar16 ticles imported into the United States in 

17 the preceding 12-month period for which 

18 data are available. 

19 ‘‘(ii) APPLICABLE PERCENTAGE.—For 

20 purposes of this subparagraph, the term 

21 ‘applicable percentage’ means 1.5 percent 

22 for the 1-year period beginning October 1, 

23 2000, increased in each of the seven suc24 ceeding 1-year periods by equal incre25 ments, so that for the 1-year period begin-
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1 ning October 1, 2007, the applicable per2 centage does not exceed 3.5 percent. 

3 ‘‘(iii) CONTINUED APPLICATION OF

4 PREFERENTIAL TREATMENT.—If the 

5 President determines, not later than Sep6 tember 1, 2008, that a lesser developed 

7 beneficiary sub-Saharan African country 

8 under paragraph (4) lacks sufficient do9 mestic fabric-making capacity, taking into 

10 account the extent to which the country 

11 has taken steps to increase such capacity 

12 by attracting investment or otherwise, then 

13 preferential treatment under paragraph (4) 

14 shall be extended to imports of eligible ap15 parel articles under paragraph (4) that are 

16 assembled in that country—

17 ‘‘(I) in the 1-year period begin18 ning October 1, 2008, in an amount 

19 equal to two-thirds of the amount per20 mitted in the 1-year period beginning 

21 October 1, 2007; and 

22 ‘‘(II) in the 1-year period begin23 ning October 1, 2009, in an amount 

24 equal to one-third of the amount per25 mitted under this paragraph in the 1-
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1 year period beginning October 1, 

2 2007.

3 ‘‘(C) SURGE MECHANISM.—

4 ‘‘(i) IMPORT MONITORING.—The Sec5 retary of Commerce shall monitor imports 

6 of articles to which this paragraph applies 

7 on a monthly basis to determine if there 

8 has been a surge in imports of such arti9 cles. In order to permit public access to 

10 preliminary international trade data and to 

11 facilitate the early identification of poten12 tially disruptive import surges, the Direc13 tor of the Office of Management and 

14 Budget may grant an exception to the pub15 lication dates established for the release of 

16 data on United States international trade 

17 in covered articles, if the Director notifies 

18 Congress of the early release of the data. 

19 ‘‘(ii) DETERMINATION OF DAMAGE OR

20 THREAT THEREOF.—Whenever the Sec21 retary of Commerce determines, based on 

22 the data described in clause (i), or pursu23 ant to a written request made by an inter24 ested party, that there has been a surge in 

25 imports of an article to which this para-
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1 graph applies from a beneficiary sub-Saha2 ran African country, the Secretary shall 

3 determine whether such article from such 

4 country is being imported in such in5 creased quantities as to cause serious dam6 age, or threat thereof, to the domestic in7 dustry producing a like or directly competi8 tive article. If the Secretary’s determina9 tion is affirmative, the President shall sus10 pend the duty-free treatment provided for 

11 such article under this paragraph. If the 

12 inquiry is initiated at the request of an in13 terested party, the Secretary shall make 

14 the determination within 60 days after the 

15 date of the request. 

16 ‘‘(iii) FACTORS TO CONSIDER.—In de17 termining whether a domestic industry has 

18 been seriously damaged, or is threatened 

19 with serious damage, the Secretary shall 

20 examine the effect of the imports on rel21 evant economic indicators such as domestic 

22 production, sales, market share, capacity 

23 utilization, inventories, employment, prof24 its, exports, prices, and investment. 

25 ‘‘(iv) PROCEDURE.—
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1 ‘‘(I) INITIATION.—The Secretary 

2 of Commerce shall initiate an inquiry 

3 within 10 days after receiving a writ4 ten request and supporting informa5 tion for an inquiry from an interested 

6 party. Notice of initiation of an in7 quiry shall be published in the Federal 

8 Register. 

9 ‘‘(II) PARTICIPATION BY INTER10 ESTED PARTIES.—The Secretary of 

11 Commerce shall establish procedures 

12 to ensure participation in the inquiry 

13 by interested parties. 

14 ‘‘(III) NOTICE OF DETERMINA15 TION.—The Secretary shall publish 

16 the determination described in clause 

17 (ii) in the Federal Register. 

18 ‘‘(IV) INFORMATION AVAIL19 ABLE.—If relevant information is not 

20 available on the record or any party 

21 withholds information that has been 

22 requested by the Secretary, the Sec23 retary shall make the determination 

24 on the basis of the facts available. 

25 When the Secretary relies on informa-
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1 tion submitted in the inquiry as facts 

2 available, the Secretary shall, to the 

3 extent practicable, corroborate the in4 formation from independent sources 

5 that are reasonably available to the 

6 Secretary. 

7 ‘‘(v) INTERESTED PARTY.—For pur8 poses of this subparagraph, the term ‘in9 terested party’ means any producer of a 

10 like or directly competitive article, a cer11 tified union or recognized union or group 

12 of workers which is representative of an in13 dustry engaged in the manufacture, pro14 duction, or sale in the United States of a 

15 like or directly competitive article, a trade 

16 or business association representing pro17 ducers or sellers of like or directly competi18 tive articles, producers engaged in the pro19 duction of essential inputs for like or di20 rectly competitive articles, a certified union 

21 or group of workers which is representative 

22 of an industry engaged in the manufac23 ture, production, or sale of essential inputs 

24 for the like or directly competitive article, 

25 or a trade or business association rep-
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1 resenting companies engaged in the manu2 facture, production, or sale of such essen3 tial inputs.’’; and 

4 (6) by striking paragraph (8), as redesignated 

5 by paragraph (2) of this section, and inserting the 

6 following: 

7 ‘‘(8) HANDLOOMED, HANDMADE, FOLKLORE

8 ARTICLES AND ETHNIC PRINTED FABRICS.—

9 ‘‘(A) IN GENERAL.—A handloomed, hand10 made, folklore article or an ethnic printed fab11 ric of a beneficiary sub-Saharan African coun12 try or countries that is certified as such by the 

13 competent authority of such beneficiary country 

14 or countries. For purposes of this section, the 

15 President, after consultation with the bene16 ficiary country or countries concerned, shall de17 termine which, if any particular textile and ap18 parel goods of the country (or countries) shall 

19 be treated as being handloomed, handmade, or 

20 folklore articles or an ethic printed fabric—

21 ‘‘(B) REQUIREMENTS FOR ETHNIC PRINT22 ED FABRIC.—Ethnic printed fabrics qualified 

23 under this paragraph are—

24 ‘‘(i) fabrics containing a selvedge on 

25 both edges, having a width of less than 50 
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1 inches, classifiable under the heading 

2 5208.52.30 or 5208.52.40 of the Har3 monized Tariff Schedule of the United 

4 States; 

5 ‘‘(ii) of the type that contains designs, 

6 symbols, and other characteristics of Afri7 can prints—

8 ‘‘(I) normally produced for and 

9 sold on the indigenous African mar10 ket; and 

11 ‘‘(II) normally sold in Africa by 

12 the piece as opposed to being tailored 

13 into garments before being sold in in14 digenous African markets; 

15 ‘‘(iii) printed, including waxed, in one 

16 or more eligible beneficiary sub-Saharan 

17 countries; and 

18 ‘‘(iv) fabrics formed in the United 

19 States, from yarns formed in the United 

20 States, or from fabric formed in one or 

21 more beneficiary sub-Saharan African 

22 country from yarn originating in either the 

23 United States or one or more beneficiary 

24 sub-Saharan African country.’’. 
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1 (b) FINDINGS AND TRIMMINGS.—Section 112(d) of 

2 the African Grown and Opportunity Act is amended by 

3 striking 

4 ‘‘(d) SPECIAL RULES.—’’ and all that follows through 

5 ‘‘(2) DE MINIMIS RULE.—An article’’ and in6 serting 

7 ‘‘(d) SPECIAL RULE.—An article’’. 

8 (c) CONFORMING AMENDMENT.—Section 3108 of the 

9 Trade Act of 2002 (Public Law 107–210; 116 Stat. 1038) 

10 is amended—

11 (1) by striking ‘‘(a) IN GENERAL.—’’; and 

12 (2) by striking subsection (b). 

13 (d) SENSE OF CONGRESS ON RULES OF ORIGIN.—

14 It is the sense of the Congress that in negotiating free 

15 trade agreements with other countries, the President 

16 should negotiate rules of origin for textile and apparel 

17 products that allow the use of inputs from countries des18 ignated under section 506A(a)(1) of the Trade Act of 

19 1974.
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1 TITLE II—ENHANCING TRADE IN 

2 AGRICULTURE 

3 SEC. 201. REMOVAL OF AGRICULTURE TARIFF-RATE QUOTA 

4 LIMITATION; AGRICULTURAL SAFEGUARD. 

5 Section 503(b) of the Trade Act of 1974 (19 U.S.C. 

6 2463(b)) is amended by striking paragraph (3) and insert7 ing the following: 

8 ‘‘(3) AGRICULTURAL PRODUCTS.—

9 ‘‘(A) IN GENERAL.—No quantity of an ag10 ricultural product subject to a tariff-rate quota 

11 that exceeds the in-quota amount shall be eligi12 ble for duty-free treatment under this title, ex13 cept as provided in subparagraph (B). 

14 ‘‘(B) IMPORTS FROM COUNTRIES DES15 IGNATED UNDER SECTION 506A.—Subparagraph 

16 (A) shall not apply to over-quota imports of ag17 ricultural products subject to a tariff-rate quota 

18 that are the growth, product, or manufacture of 

19 a country designated as a beneficiary sub-Saha20 ran African country under section 506A(a)(1). 

21 ‘‘(4) SAFEGUARD FOR AGRICULTURAL PROD22 UCTS.—

23 ‘‘(A) IN GENERAL.—The President shall 

24 assess a duty, in the amount prescribed under 

25 subparagraph (B), on over-quota imports of any 
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1 agricultural product described in paragraph 

2 (3)(B) for which preferential treatment is 

3 claimed, if the President determines that the 

4 unit import price of the product when it enters 

5 the United States, determined on an F.O.B. 

6 basis, is less than the annual trigger price de7 termined in accordance with subparagraph (D). 

8 ‘‘(B) CALCULATION OF ADDITIONAL DU9 TIES.—The amount of the additional duty as10 sessed under this subsection shall be deter11 mined as follows: 

12 ‘‘(i) If the difference between the unit 

13 import price and the trigger price is less 

14 than, or equal to, 10 percent of the trigger 

15 price, no additional duty shall be imposed. 

16 ‘‘(ii) If the difference between the unit 

17 import price and the trigger price is great18 er than 10 percent, but less than or equal 

19 to 40 percent, of the trigger price, the ad20 ditional duty shall be equal to 30 percent 

21 of the difference between the preferential 

22 tariff rate and the column 1 general rate 

23 of duty imposed under the HTS on like ar24 ticles at the time the additional duty is im25 posed. 
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1 ‘‘(iii) If the difference between the 

2 unit import price and the trigger price is 

3 greater than 40 percent, but less than or 

4 equal to 60 percent, of the trigger price, 

5 the additional duty shall be equal to 50 

6 percent of the difference between the pref7 erential tariff rate and the column 1 gen8 eral rate of duty imposed under the HTS 

9 on like articles at the time the additional 

10 duty is imposed. 

11 ‘‘(iv) If the difference between the 

12 unit import price and the trigger price is 

13 greater than 60 percent, but less than or 

14 equal to 75 percent, of the trigger price, 

15 the additional duty shall be equal to 70 

16 percent of the difference between the pref17 erential tariff rate and the column 1 gen18 eral rate of duty imposed under the HTS 

19 on like articles at the time the additional 

20 duty is imposed. 

21 ‘‘(v) If the difference between the unit 

22 import price and the trigger price is great23 er than 75 percent of the trigger price, the 

24 additional duty shall be equal to 100 per25 cent of the difference between the pref-
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1 erential tariff rate and the column 1 gen2 eral rate of duty imposed under the HTS 

3 on like articles at the time the additional 

4 duty is imposed. 

5 ‘‘(C) EXCEPTIONS.—No additional duty 

6 under this paragraph shall be assessed on an 

7 agricultural product if, at the time of entry into 

8 the customs territory of the United States, the 

9 product is subject to import relief under chap10 ter 1 of title II of the Trade Act of 1974 (19 

11 U.S.C. 2251 et seq.). 

12 ‘‘(D) CALCULATION OF TRIGGER PRICE.—

13 (i) Not later than 60 days after the date of the 

14 enactment of the AGOA III Act, and annually 

15 thereafter, the President shall, in consultation 

16 with the Secretary of Agriculture, establish the 

17 annual trigger price for each over-quota agricul18 tural product described in paragraph (3)(B), 

19 and shall publish such prices in the Federal 

20 Register. The President shall establish the trig21 ger price for a product at a level not below the 

22 3-year average import price for that product. 

23 ‘‘(ii) Not later than 30 days before pub24 lishing the trigger prices in the Federal Reg25 ister under clause (i), the President shall notify 
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•HR 3572 IH 

1 and consult with the Committees on Ways and 

2 Means and Agriculture of the House of Rep3 resentatives and the Committees on Finance 

4 and Agriculture of the Senate on the proposed 

5 trigger prices. 

6 ‘‘(E) NOTICE TO COUNTRY CONCERNED.—

7 Not later than 60 days after the President first 

8 assesses additional duties under this paragraph 

9 on over-quota imports of agricultural products 

10 described in paragraph (3)(B), the President 

11 shall notify the beneficiary sub-Saharan African 

12 country where the product was grown, manufac13 tured, or produced, in writing of such action 

14 and shall provide to the country data sup15 porting the assessment of the additional duties. 

16 ‘‘(F) DEFINITIONS.—In this paragraph: 

17 ‘‘(i) F.O.B.—The term ‘F.O.B.’ 

18 means free on board, regardless of the 

19 mode of transportation, at the point of di20 rect shipment by the seller to the buyer. 

21 ‘‘(ii) HTS.—The term ‘HTS’ means 

22 the Harmonized Tariff Schedule of the 

23 United States.
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•HR 3572 IH 

1 ‘‘(iii) UNIT IMPORT PRICE.—The term 

2 ‘unit import price’ means the price ex3 pressed in dollars per kilogram.’’. 

4 SEC. 202. AGRICULTURAL TRADE ASSISTANCE. 

5 Section 130 of the African Growth and Opportunity 

6 Act (19 U.S.C. 3740) is amended by adding at the end 

7 the following: 

8 ‘‘(c) COMPREHENSIVE PLAN.—The Secretary of Ag9 riculture, based on results of the study described in sub10 section (a), shall develop a comprehensive plan to imple11 ment public sector policies and incentives for the private 

12 sector to—

13 ‘‘(1) identify current United States agricultural 

14 imports with the potential for competitive production 

15 for export in sub-Saharan Africa; 

16 ‘‘(2) identify current agricultural exports from 

17 sub-Saharan Africa; 

18 ‘‘(3) identify the primary agricultural export 

19 products under this Act; 

20 ‘‘(4) analyze critical constraints to United 

21 States-Africa agricultural trade; 

22 ‘‘(5) identify potential value-added and proc23 essed agricultural products that can be exported 

24 from sub-Saharan Africa to the United States under 

25 this Act; 
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•HR 3572 IH 

1 ‘‘(6) analyze critical constraints to producing 

2 and exporting to the United States such value-added 

3 and processed agricultural products; 

4 ‘‘(7) develop a strategy, with African national 

5 public and private sectors, and regional organiza6 tions, for removing or ameliorating the critical con7 straints identified; 

8 ‘‘(8) develop a strategy for increasing invest9 ments to diversify and add value to agricultural ex10 ports under this Act; and 

11 ‘‘(9) develop a strategy for increasing the 

12 tradable volume of agricultural exports from eligible 

13 sub-Saharan African countries. 

14 ‘‘(d) REPORT.—The results of the study and details 

15 of the comprehensive plan shall be included in the annual 

16 report to Congress submitted under section 106.’’. 

17 SEC. 203. EXECUTIVE BRANCH INITIATIVES. 

18 Section 122(b)(3) of the African Growth and Oppor19 tunity Act (19 U.S.C. 3732(b)(3)) is amended to read as 

20 follows: 

21 ‘‘(3) addressing critical agricultural policy 

22 issues, in part, by developing a comprehensive plan, 

23 which shall be submitted to the Congress, to—

24 ‘‘(A) increase market liberalization; 

25 ‘‘(B) develop agricultural exports; 
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•HR 3572 IH 

1 ‘‘(C) increase investment in processing and 

2 transporting commodities; 

3 ‘‘(D) develop and increase capacity by 

4 working with farmers and farmer groups; 

5 ‘‘(E) increase access to vital market infor6 mation, including prices, product quality and 

7 demand, inputs quality and costs, and customs 

8 rules and regulations, for farmers and farmer 

9 groups and cooperatives and for relevant gov10 ernment ministries; and 

11 ‘‘(F) enable public-private partnerships in 

12 eligible sub-Saharan African countries to pro13 mote trade in agricultural products between the 

14 United States and eligible sub-Saharan African 

15 countries.’’. 

16 SEC. 204. TECHNICAL ASSISTANCE. 

17 (a) TECHNICAL ASSISTANCE BY APHIS PER18 SONNEL.—

19 (1) ASSIGNMENT OF PERSONNEL.—The Presi20 dent shall assign at least 20 full-time personnel of 

21 the Animal and Plant Health Inspection Service, to 

22 not less than 10 eligible sub-Saharan African coun23 tries identified by the President as having the great24 est potential to increase marketable exports of agri25 cultural products to the United States and the 
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•HR 3572 IH 

1 greatest need for technical assistance, particularly in 

2 conducting pest risk assessments, for the purpose of 

3 providing technical assistance to such countries to 

4 ensure that exports of any products will meet the re5 quirements under United States law when imported 

6 into the United States. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated to the United 

9 States Agency for International Development to 

10 carry out paragraph (1) $85,000,000 for fiscal years 

11 2005 through 2020. 

12 (b) ASSISTANCE TO AGRIBUSINESS.—The United 

13 States Agency for International Development is author14 ized to provide grants in each of fiscal years 2005 through 

15 2020 to governmental and nongovernmental entities that 

16 are located in eligible sub-Saharan African countries and 

17 can provide assistance, consultation, and equipment to ag18 ribusinesses located in those countries in order to enable 

19 agricultural products of those businesses to meet the re20 quirements under United States law when imported into 

21 the United States. Such funds may be used for grants to 

22 national plant protection organizations for the purpose of 

23 obtaining equipment to achieve the purposes of this sub24 section. 
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1 SEC. 205. THE FOREIGN AGRICULTURE SERVICE. 

2 The Secretary of Agriculture shall direct the Foreign 

3 Agriculture Service (FAS) to work with national African 

4 agricultural organizations to identify agricultural equip5 ment and supply needs and implement programs that 

6 strengthen the ability of members of African agricultural 

7 organizations to fulfill these needs in conjunction with ex8 port credit guarantee programs. 

9 TITLE III—INCREASING 

10 CERTAINTIES IN INVESTMENT 

11 SEC. 301. DESIGNATION OF ELIGIBLE COUNTRIES. 

12 Section 104 of the African Growth and Opportunity 

13 Act is amended by striking subsection (b) and inserting 

14 the following: 

15 ‘‘(b) CONTINUING COMPLIANCE.—If the President 

16 determines that an eligible sub-Saharan African country 

17 no longer meets the criteria set forth in subsection (a), 

18 including by failing to maintain the institutions described 

19 in subparagraphs (A) through (F) of subsection (a)(1), 

20 the President may terminate the designation of the coun21 try made pursuant to subsection (a) if—

22 ‘‘(1) the President transmits to the Congress 

23 notice of the proposed designation; and 

24 ‘‘(2) the Congress, within 90 days after receiv25 ing such notice, does not enact a law prohibiting 

26 such termination.’’.
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1 SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION. 

2 (a) OPIC INITIATIVES.—Section 123(b)(4) of the Af3 rican Growth and Opportunity Act (19 U.S.C. 3733(b)(4)) 

4 is amended to read as follows: 

5 ‘‘(4) EMPHASIS.—The Corporation shall ensure 

6 that the funds are used to provide support in par7 ticular to women entrepreneurs and to innovative in8 vestments that expand opportunities for women and 

9 maximize employment opportunities for poor individ10 uals, in part by including a focus on investments in 

11 agriculture, tourism, and nature tourism.’’. 

12 (b) EXCEPTION TO RESTRICTIONS ON OPIC ACTIVI13 TIES.—Section 231 of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2191) is amended by adding at the end the 

15 following flush sentence: ‘‘The prohibitions set forth in 

16 subsections (k)(1) and (l), and the requirement set forth 

17 in subsection (k)(2), shall not apply to any contract of 

18 insurance or reinsurance, guaranty, or agreement to pro19 vide financing for an eligible investor’s proposed invest20 ment if the investment is in country designated as a bene21 ficiary sub-Saharan African country under section 

22 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 

23 2466a(a)(1)).’’. 

24 (c) SENSE OF CONGRESS.—It is the sense of the Con25 gress that—
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•HR 3572 IH 

1 (1) the Overseas Private Investment Corpora2 tion should be commended for creating the African 

3 Millennium Fund, which will encourage vital invest4 ments in the infrastructure of eligible sub-Saharan 

5 African countries; and 

6 (2) it is critically important that the Fund be 

7 fully subscribed and disbursing funds as soon as 

8 possible. 

9 SEC. 303. EXPORT-IMPORT BANK. 

10 Section 2(b)(1)(B) of the Export-Import Bank Act 

11 of 1945 (12 U.S.C. 635(b)(1)(B) is amended—

12 (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(ii) The Bank shall implement such regulations and 

15 procedures as may be appropriate to ensure that full con16 sideration is given to the extent to which any loan, guar17 antee, insurance, extension of credit, or participation in 

18 an extension of credit is likely to have a positive effect 

19 on industries, including the textile and apparel industry 

20 and agricultural production, in countries designated as 

21 beneficiary sub-Saharan African countries under section 

22 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 

23 2466a(a)(1)). To carry out the purposes of this clause, 

24 the Bank shall work with the Administrator of the United 

25 States Agency for International Development, the United 
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•HR 3572 IH 

1 States Trade Representative, and the Secretary of Com2 merce in identifying opportunities to use the resources of 

3 the Bank to encourage industrial and agricultural develop4 ment in such beneficiary sub-Saharan African countries.’’. 

5 SEC. 304. TAX POLICY. 

6 (a) DEVELOPMENT OF DOMESTIC TAX POLICIES TO

7 REPLACE LOST TRADE TAX REVENUES.—

8 (1) FINDINGS.—The Congress finds that—

9 (A) trade tax revenues remain important 

10 in many eligible sub-Saharan African countries; 

11 (B) studies conducted by the International 

12 Monetary Fund show that the revenue losses a 

13 developing country experiences due to trade lib14 eralization can be recovered by improving the 

15 domestic tax system in the affected country; 

16 and 

17 (C) technical assistance provided by the 

18 United States to eligible sub-Saharan African 

19 countries in fiscal or economic policy programs 

20 has focused on tax system enhancement or de21 velopment that has been helpful in moving tax 

22 regimes away from trade-related tax revenue to23 ward other tax revenue sources. 

24 (2) SENSE OF THE CONGRESS.—It is the sense 

25 of the Congress that—
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•HR 3572 IH 

1 (A) the United States Agency for Inter2 national Development, in cooperation with the 

3 United States Department of the Treasury, the 

4 International Monetary Fund, the International 

5 Bank for Reconstruction and Development, and 

6 the African Development Bank, should exercise 

7 the authorities it has to continue to provide 

8 technical assistance to eligible sub-Saharan Af9 rican countries in the tax policy and revenue 

10 administration; and 

11 (B) particular focus should be given to 

12 projects that assist such countries in developing 

13 domestic policies and measures to replace lost 

14 trade tax revenues resulting from trade liberal15 ization.

16 (b) DOUBLE TAXATION TREATIES WITH ELIGIBLE

17 SUB-SAHARAN AFRICAN COUNTRIES.—In order to en18 courage investment in and certainty in the movement of 

19 capital, the Secretary of the Treasury shall seek negotia20 tions with those eligible sub-Saharan African countries 

21 which the Secretary determines will benefit most from an 

22 income tax treaty with the United States. 

23 (c) DEDUCTION FOR CASH CONTRIBUTIONS TO

24 GLOBAL FUND TO FIGHT HIV/AIDS, TUBERCULOSIS, 

25 AND MALARIA.—
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•HR 3572 IH 

1 (1) IN GENERAL.—Part VI of subchapter B of 

2 chapter 1 of the Internal Revenue Code of 1986 (re3 lating to itemized deductions for individuals and cor4 porations) is amended by adding at the end the fol5 lowing new section: 

6 ‘‘SEC. 199. CASH CONTRIBUTIONS TO GLOBAL FUND TO 

7 FIGHT HIV/AIDS, TUBERCULOSIS AND MA8 LARIA. 

9 ‘‘(a) ALLOWANCE OF DEDUCTION.—There shall be 

10 allowed as a deduction an amount equal to the cash con11 tributions made by the taxpayer during the taxable year 

12 to the Global Fund to Fight HIV/AIDS, Tuberculosis and 

13 Malaria. 

14 ‘‘(b) LIMITATION.—The amount allowed as a deduc15 tion under subsection (a) shall not exceed the portion of 

16 taxable income (determined without regard to this section) 

17 directly or indirectly attributable to active conduct of all 

18 trades and businesses of the taxpayer during the taxable 

19 year. 

20 ‘‘(c) DEFINITION.—For purposes of this section, the 

21 term ‘eligible sub-Saharan African country’ means an eli22 gible sub-Saharan African country under the African 

23 Growth and Opportunity Act. 

24 ‘‘(d) AGGREGATION RULE.—For purposes of this sec25 tion, all persons treated as a single employer under sub-
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•HR 3572 IH 

1 section (a) or (b) of section 52 or subsection (n) or (o) 

2 of section 414 shall be treated as one person.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions for part VI of subchapter B of chapter 1 of 

5 such Code is amended by adding at the end the fol6 lowing new item:

‘‘Sec. 199. Cash contributions to Global Fund to fight HIV/

AIDS, Tuberculosis and Malaria.’’.

7 (3) EFFECTIVE DATE.—The amendments made 

8 by this subsection shall apply to taxable years begin9 ning after December 31, 2003. 

10 SEC. 305. BILATERAL INVESTMENT TREATIES. 

11 In order to encourage investment in eligible sub-Sa12 haran African countries and reduce the uncertainties that 

13 arise from investing in developing countries, the United 

14 States Trade Representative shall seek to negotiate, with 

15 interested eligible sub-Saharan African countries, bilateral 

16 investment agreements. Any such agreement shall comply 

17 with section 2102(b)(3) of the Trade Act of 2002 (19 

18 U.S.C. 3802(b)(3)). 

19 SEC. 306. DEVELOPMENT STUDY AND CAPACITY BUILDING. 

20 (a) REPORTS.—The Administrator of the United 

21 States Agency for International Development shall, by not 

22 later than 1 year after the date of the enactment of this 

23 Act, conduct a study on each eligible sub-Saharan African 

24 country, that—
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•HR 3572 IH 

1 (1) identifies sectors of the economy of that 

2 country with the greatest potential for growth, in3 cluding through export sales; 

4 (2) identifies barriers, both domestically and 

5 internationally, that are impeding growth in such 

6 sectors; and 

7 (3) makes recommendations on how the United 

8 States Government and the private sector can pro9 vide technical assistance to that country to assist in 

10 dismantling such barriers and in promoting invest11 ment in such sectors. 

12 (b) DISSEMINATION OF INFORMATION.—The Presi13 dent shall disseminate information in each study con14 ducted under subsection (a) to the appropriate United 

15 States agencies for the purpose of implementing rec16 ommendations on the provision of technical assistance and 

17 in identifying opportunities for United States investors, 

18 businesses, and farmers. 

19 TITLE IV—BOOSTING TRADE 

20 FLOWS 

21 SEC. 401. ACTIVITIES IN SUPPORT OF INFRASTRUCTURE TO 

22 SUPPORT INCREASING TRADE CAPACITY AND 

23 ECOTOURISM. 

24 (a) FINDINGS.—The Congress finds the following: 

25 (1) Ecotourism, which consists of—
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•HR 3572 IH 

1 (A) responsible and sustainable travel and 

2 visitation to relatively undisturbed natural areas 

3 in order to enjoy and appreciate nature (and 

4 any accompanying cultural features, both past 

5 and present) and animals, including species 

6 that are rare or endangered, 

7 (B) promotion of conservation and provi8 sion for beneficial involvement of local popu9 lations, and 

10 (C) visitation designed to have low negative 

11 impact upon the environment, 

12 is expected to expand 30 percent globally over the 

13 next decade. 

14 (2) Ecotourism will increase trade capacity by 

15 sustaining otherwise unsustainable infrastructure, 

16 such as road, port, water, energy, and telecommuni17 cation development. 

18 (3) According to the United States Department 

19 of State and the United Nations Environment Pro20 gramme, sustainable tourism, such as ecotourism, 

21 can be an important part of the economic develop22 ment of a region, especially a region with natural 

23 and cultural protected areas. 

24 (4) Sub-Saharan Africa enjoys an international 

25 comparative advantage in ecotourism because it fea-
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•HR 3572 IH 

1 tures extensive protected areas that host a variety of 

2 ecosystems and traditional cultures that are major 

3 attractions for nature-oriented tourism. 

4 (5) National parks and reserves in sub-Saharan 

5 Africa should be considered a basis for regional de6 velopment, involving communities living within and 

7 adjacent to them and, given their strong inter8 national recognition, provide an advantage in 

9 ecotourism marketing and promotion. 

10 (6) Desert areas in sub-Saharan Africa rep11 resent complex ecotourism attractions, showcasing 

12 natural, geological, and archaeological features, and 

13 nomad and other cultures and traditions. 

14 (7) Many natural zones in sub-Saharan Africa 

15 cross the political borders of several countries; there16 fore, transboundary cooperation is fundamental for 

17 all types of ecotourism development. 

18 (8) The commercial viability of ecotourism is 

19 enhanced when small and medium enterprises, par20 ticularly microenterprises, successfully engage with 

21 the tourism industry in sub-Saharan Africa. 

22 (9) Adequate capacity building is an essential 

23 component of ecotourism development if local com24 munities are to be real stakeholders that can sustain 

25 an equitable approach to ecotourism management.
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•HR 3572 IH 

1 (10) Ecotourism needs to generate local com2 munity benefits by utilizing sub-Saharan Africa’s 

3 natural heritage, parks, wildlife reserves, and other 

4 protected areas that can play a significant role in 

5 encouraging local economic development by sourcing 

6 food and other locally produced resources. 

7 (b) ACTION BY THE PRESIDENT.—The President 

8 shall develop and implement policies to—

9 (1) assist and encourage the development of in10 frastructure projects that will help to increase trade 

11 capacity and a sustainable ecotourism industry in el12 igible sub-Saharan African countries; 

13 (2) encourage and facilitate transboundary co14 operation in sub-Saharan African countries to estab15 lish and protect cross-border parks and natural 

16 zones; 

17 (3) provide technical assistance to eligible sub18 Saharan African countries to establish and sustain 

19 adequate capacity development; and 

20 (4) provide assistance to micro-, small-, and 

21 medium-sized enterprises in eligible sub-Saharan Af22 rican countries to participate in the ecotourism in23 dustry. 
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•HR 3572 IH 

1 SEC. 402. ACTIVITIES IN SUPPORT OF TRANSPORTATION, 

2 ENERGY, AGRICULTURE, AND TELECOMMUNI3 CATIONS INFRASTRUCTURE. 

4 (a) FINDINGS.—The Congress finds the following: 

5 (1) In order to increase exports from, and trade 

6 among, eligible sub-Saharan African countries, 

7 transportation systems in those countries must be 

8 improved to increase transport efficiencies and lower 

9 transport costs. 

10 (2) Vibrant economic growth requires a devel11 oped telecommunication and energy infrastructure. 

12 (3) Sub-Saharan Africa is rich in exportable ag13 ricultural goods, but development of this industry re14 mains stymied because of an underdeveloped infra15 structure. 

16 (b) ACTION BY THE PRESIDENT.—The President 

17 shall develop and implement policies to encourage, and as18 sist with, investment in eligible sub-Saharan African coun19 tries in the following: 

20 (1) Infrastructure projects that support, in par21 ticular, development of land transport road and rail22 road networks and ports, and the continued upgrad23 ing and liberalization of the energy and tele24 communications sectors. 

25 (2) The establishment and expansion of modern 

26 information and communication technologies and 
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•HR 3572 IH 

1 practices to improve the ability of citizens to re2 search and disseminate information relating to, 

3 among other things, the economy, education, trade, 

4 health, agriculture, the environment, and the media. 

5 (3) Agriculture, particularly in processing and 

6 capacity enhancement. 

7 SEC. 403. TRANSPORTATION. 

8 In order to increase trade flows and the efficiency of 

9 transportation links between eligible sub-Saharan African 

10 countries and the United States, the Administrator of the 

11 United States Agency for International Development shall 

12 foster port-to-port and airport-to-airport relationships. 

13 These relationships should facilitate—

14 (1) increased coordination between ports and 

15 airports in the United States and such countries in 

16 order to reduce time in transit; 

17 (2) interaction between technical staff from 

18 ports and airports in the United States and such 

19 countries in order to increase efficiency and safety 

20 procedures and protocols; 

21 (3) coordination between chambers of com22 merce, freight forwarders, customs brokers, and oth23 ers involved in consolidating and moving freight; and 
47

•HR 3572 IH 

1 (4) flights between ports and airports in the 

2 United States and such countries in order to in3 crease frequency and capacity. 

4 SEC. 404. AGOA FORUMS. 

5 In order to ensure that nongovernmental organiza6 tions and the private sector continue to host the annual 

7 meetings described in section 105(c)(2) of the African 

8 Growth and Opportunity Act (19 U.S.C. 3704(c)(2)), the 

9 United States Trade Representative is authorized to pro10 vide grants in each of the fiscal years 2004 through 2020, 

11 to United States nongovernmental organizations referred 

12 to in section 105(c)(2) of that Act and to United States 

13 representatives of the private sector referred to in section 

14 105(c)(2)(B) of that Act, for the purpose of hosting such 

15 meetings. 

16 SEC. 405. TASK FORCE. 

17 The President shall assemble an interagency task 

18 force composed of representatives from the Office of the 

19 United States Trade Representative, the Department of 

20 Commerce, the Department of State, the United States 

21 Agency for International Development, the Department of 

22 Treasury, and the Department of Agriculture to facilitate 

23 the goals and objectives of this Act and maintain ongoing 

24 discussions with African trade and agriculture ministries 

25 and private sector organizations on issues of mutual con-
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•HR 3572 IH 

1 cern, including regional and international trade concerns 

2 and World Trade Organization issues.

Æ