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to the eligibility requirements listed in this title, and the 
President shall provide for this purpose the same proce-
dures as those that are provided for reviewing the status 
of eligible beneficiary developing countries with respect to 
the designation criteria listed in subsections (b) and (c) 
of section 502 of the Trade Act of 1974 (19 U.S.C. 2462 
(b) and (c)). 
SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREAT-
MENT. 
(a) IN GENERAL.— 
(1) PROCLAMATION.—Except as provided in 
paragraph (2), and subject to subsection (b) and the 
conditions described in sections 403 through 407 of 
this division, the President shall exercise the Presi-
dent’s authority under this title, and the President 
shall proclaim any duty-free treatment pursuant to 
that authority. 
(2) WAIVER.—The President may waive the ap-
plication of this title if the President determines that 
providing such treatment is inconsistent with the na-
tional interests of the United States. In making such 
determination, the President shall consider— 
(A) obligations of the United States under 
international agreements; 
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(B) the national economic interests of the 
United States; and 
(C) the foreign policy interests of the 
United States, including the economic develop-
ment of Afghanistan and the border region of 
Pakistan. 
(b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF 
DUTY-FREE TREATMENT.—The President may withdraw, 
suspend, or limit the application of the duty-free treat-
ment proclaimed under this title upon consideration of the 
factors set forth in section 403 (b) and (c) of this division, 
and section 502 (b) and (c) of the Trade Act of 1974 (19 
U.S.C. 2462 (b) and (c)). In taking any action to with-
draw, suspend, or limit duty-free treatment with respect 
to producers receiving benefits under section 404 or 405 
of this division, the President shall consider the informa-
tion described in section 403(d) of this division relating 
to verification of the ownership and nature of the activities 
of such producers and any other relevant information the 
President determines to be appropriate. 
(c) NOTICE TO CONGRESS.—The President shall ad-
vise Congress— 
(1) of any action the President takes to waive, 
withdraw, suspend, or limit the application of duty- 
free treatment with respect to Reconstruction Op-
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portunity Zones in Afghanistan or Pakistan or en-
terprises receiving benefits under section 404 or 405 
of this division; and 
(2) if either Afghanistan or Pakistan fails to 
adequately take the actions described in section 403 
(b) and (c) of this division or section 502 (b) and 
(c) of the Trade Act of 1974 (19 U.S.C. 2462 (b) 
and (c)). 
SEC. 410. TERMINATION OF BENEFITS. 
Duty-free treatment provided under this title shall re-
main in effect through September 30, 2024. 
SEC. 411. CUSTOMS USER FEES. 
(a) IN GENERAL.—The Secretary of the Treasury 
shall increase the amount of fees charged and collected 
under section 13031(a) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for 
the provision of customs services in connection with im-
ports and travel from Afghanistan and Pakistan as nec-
essary to meet the requirements of subsection (b). 
(b) MINIMUM AMOUNT.—The amount of the increase 
in fees charged and collected under the authority of sub-
section (a)— 
(1) shall not be less than $12,000,000 for the 
period beginning on the date of the enactment of 
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this Act and ending at the close of September 30, 
2014; and 
(2) shall not be less than $105,000,000 for the 
period beginning on the date of the enactment of 
this Act and ending at the close of September 30, 
2019. 
(c) RULE OF CONSTRUCTION.—The amount of the 
increase in fees charged and collected under the authority 
of subsection (a) shall be in addition to the amount of 
fees that would otherwise be charged and collected under 
section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the pro-
vision of customs services in connection with imports and 
travel from Afghanistan and Pakistan. 
(d) TERMINATION OF AUTHORITY.—The authority 
provided under subsection (a) terminates at the close of 
the date on which the aggregate amount of the increase 
in fees charged and collected under the authority of sub-
section (a) equals $105,000,000. 
Passed the House of Representatives June 10, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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