‘‘(iii) If the difference between the 
unit import price and the trigger price is 
greater than 40 percent, but less than or 
equal to 60 percent, of the trigger price, 
the additional duty shall be equal to 50 
percent of the difference between the pref-
erential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS 
on like articles at the time the additional 
duty is imposed. 
‘‘(iv) If the difference between the 
unit import price and the trigger price is 
greater than 60 percent, but less than or 
equal to 75 percent, of the trigger price, 
the additional duty shall be equal to 70 
percent of the difference between the pref-
erential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS 
on like articles at the time the additional 
duty is imposed. 
‘‘(v) If the difference between the unit 
import price and the trigger price is great-
er than 75 percent of the trigger price, the 
additional duty shall be equal to 100 per-
cent of the difference between the pref-
erential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS 
on like articles at the time the additional 
duty is imposed. 
‘‘(C) EXCEPTIONS.—No additional duty 
under this paragraph shall be assessed on an 
agricultural product if, at the time of entry into 
the customs territory of the United States, the 
product is subject to import relief under chap-
ter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.). 
‘‘(D) CALCULATION OF TRIGGER PRICE.—
(i) Not later than 60 days after the date of the 
enactment of the AGOA III Act, and annually 
thereafter, the President shall, in consultation 
with the Secretary of Agriculture, establish the 
annual trigger price for each over-quota agricul-
tural product described in paragraph (3)(B), 
and shall publish such prices in the Federal 
Register. The President shall establish the trig-
ger price for a product at a level not below the 
3-year average import price for that product. 
‘‘(ii) Not later than 30 days before pub-
lishing the trigger prices in the Federal Reg-
ister under clause (i), the President shall notify
and consult with the Committees on Ways and 
Means and Agriculture of the House of Rep-
resentatives and the Committees on Finance 
and Agriculture of the Senate on the proposed 
trigger prices. 
‘‘(E) NOTICE TO COUNTRY CONCERNED.—
Not later than 60 days after the President first 
assesses additional duties under this paragraph 
on over-quota imports of agricultural products 
described in paragraph (3)(B), the President 
shall notify the beneficiary sub-Saharan African 
country where the product was grown, manufac-
tured, or produced, in writing of such action 
and shall provide to the country data sup-
porting the assessment of the additional duties. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) 
F.O.B.—The 
term 
‘F.O.B.’ 
means free on board, regardless of the 
mode of transportation, at the point of di-
rect shipment by the seller to the buyer. 
‘‘(ii) HTS.—The term ‘HTS’ means 
the Harmonized Tariff Schedule of the 
United States.
‘‘(iii) UNIT IMPORT PRICE.—The term 
‘unit import price’ means the price ex-
pressed in dollars per kilogram.’’. 
SEC. 202. AGRICULTURAL TRADE ASSISTANCE. 
Section 130 of the African Growth and Opportunity 
Act (19 U.S.C. 3740) is amended by adding at the end 
the following: 
‘‘(c) COMPREHENSIVE PLAN.—The Secretary of Ag-
riculture, based on results of the study described in sub-
section (a), shall develop a comprehensive plan to imple-
ment public sector policies and incentives for the private 
sector to—
‘‘(1) identify current United States agricultural 
imports with the potential for competitive production 
for export in sub-Saharan Africa; 
‘‘(2) identify current agricultural exports from 
sub-Saharan Africa; 
‘‘(3) identify the primary agricultural export 
products under this Act; 
‘‘(4) analyze critical constraints to United 
States-Africa agricultural trade; 
‘‘(5) identify potential value-added and proc-
essed agricultural products that can be exported 
from sub-Saharan Africa to the United States under 
this Act;
‘‘(6) analyze critical constraints to producing 
and exporting to the United States such value-added 
and processed agricultural products; 
‘‘(7) develop a strategy, with African national 
public and private sectors, and regional organiza-
tions, for removing or ameliorating the critical con-
straints identified; 
‘‘(8) develop a strategy for increasing invest-
ments to diversify and add value to agricultural ex-
ports under this Act; and 
‘‘(9) develop a strategy for increasing the 
tradable volume of agricultural exports from eligible 
sub-Saharan African countries. 
‘‘(d) REPORT.—The results of the study and details 
of the comprehensive plan shall be included in the annual 
report to Congress submitted under section 106.’’. 
SEC. 203. EXECUTIVE BRANCH INITIATIVES. 
Section 122(b)(3) of the African Growth and Oppor-
tunity Act (19 U.S.C. 3732(b)(3)) is amended to read as 
follows: 
‘‘(3) addressing critical agricultural policy 
issues, in part, by developing a comprehensive plan, 
which shall be submitted to the Congress, to—
‘‘(A) increase market liberalization; 
‘‘(B) develop agricultural exports;
‘‘(C) increase investment in processing and 
transporting commodities; 
‘‘(D) develop and increase capacity by 
working with farmers and farmer groups; 
‘‘(E) increase access to vital market infor-
mation, including prices, product quality and 
demand, inputs quality and costs, and customs 
rules and regulations, for farmers and farmer 
groups and cooperatives and for relevant gov-
ernment ministries; and 
‘‘(F) enable public-private partnerships in 
eligible sub-Saharan African countries to pro-
mote trade in agricultural products between the 
United States and eligible sub-Saharan African 
countries.’’. 
SEC. 204. TECHNICAL ASSISTANCE. 
(a) TECHNICAL
ASSISTANCE
BY
APHIS PER-
SONNEL.—
(1) ASSIGNMENT OF PERSONNEL.—The Presi-
dent shall assign at least 20 full-time personnel of 
the Animal and Plant Health Inspection Service, to 
not less than 10 eligible sub-Saharan African coun-
tries identified by the President as having the great-
est potential to increase marketable exports of agri-
cultural products to the United States and the
SEC. 205. THE FOREIGN AGRICULTURE SERVICE. 
The Secretary of Agriculture shall direct the Foreign 
Agriculture Service (FAS) to work with national African 
agricultural organizations to identify agricultural equip-
ment and supply needs and implement programs that 
strengthen the ability of members of African agricultural 
organizations to fulfill these needs in conjunction with ex-
port credit guarantee programs. 
TITLE III—INCREASING 
CERTAINTIES IN INVESTMENT 
SEC. 301. DESIGNATION OF ELIGIBLE COUNTRIES. 
Section 104 of the African Growth and Opportunity 
Act is amended by striking subsection (b) and inserting 
the following: 
‘‘(b) CONTINUING COMPLIANCE.—If the President 
determines that an eligible sub-Saharan African country 
no longer meets the criteria set forth in subsection (a), 
including by failing to maintain the institutions described 
in subparagraphs (A) through (F) of subsection (a)(1), 
the President may terminate the designation of the coun-
try made pursuant to subsection (a) if—
‘‘(1) the President transmits to the Congress 
notice of the proposed designation; and 
‘‘(2) the Congress, within 90 days after receiv-
ing such notice, does not enact a law prohibiting 
such termination.’’.
SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION. 
(a) OPIC INITIATIVES.—Section 123(b)(4) of the Af-
rican Growth and Opportunity Act (19 U.S.C. 3733(b)(4)) 
is amended to read as follows: 
‘‘(4) EMPHASIS.—The Corporation shall ensure 
that the funds are used to provide support in par-
ticular to women entrepreneurs and to innovative in-
vestments that expand opportunities for women and 
maximize employment opportunities for poor individ-
uals, in part by including a focus on investments in 
agriculture, tourism, and nature tourism.’’. 
(b) EXCEPTION TO RESTRICTIONS ON OPIC ACTIVI-
TIES.—Section 231 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2191) is amended by adding at the end the 
following flush sentence: ‘‘The prohibitions set forth in 
subsections (k)(1) and (l), and the requirement set forth 
in subsection (k)(2), shall not apply to any contract of 
insurance or reinsurance, guaranty, or agreement to pro-
vide financing for an eligible investor’s proposed invest-
ment if the investment is in country designated as a bene-
ficiary sub-Saharan African country under section 
506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 
2466a(a)(1)).’’. 
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the Overseas Private Investment Corpora-
tion should be commended for creating the African 
Millennium Fund, which will encourage vital invest-
ments in the infrastructure of eligible sub-Saharan 
African countries; and 
(2) it is critically important that the Fund be 
fully subscribed and disbursing funds as soon as 
possible. 
SEC. 303. EXPORT-IMPORT BANK. 
Section 2(b)(1)(B) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(1)(B) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 
(2) by adding at the end the following: 
‘‘(ii) The Bank shall implement such regulations and 
procedures as may be appropriate to ensure that full con-
sideration is given to the extent to which any loan, guar-
antee, insurance, extension of credit, or participation in 
an extension of credit is likely to have a positive effect 
on industries, including the textile and apparel industry 
and agricultural production, in countries designated as 
beneficiary sub-Saharan African countries under section 
506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 
2466a(a)(1)). To carry out the purposes of this clause, 
the Bank shall work with the Administrator of the United 
States Agency for International Development, the United
States Trade Representative, and the Secretary of Com-
merce in identifying opportunities to use the resources of 
the Bank to encourage industrial and agricultural develop-
ment in such beneficiary sub-Saharan African countries.’’. 
SEC. 304. TAX POLICY. 
(a) DEVELOPMENT OF DOMESTIC TAX POLICIES TO 
REPLACE LOST TRADE TAX REVENUES.—
(1) FINDINGS.—The Congress finds that—
(A) trade tax revenues remain important 
in many eligible sub-Saharan African countries; 
(B) studies conducted by the International 
Monetary Fund show that the revenue losses a 
developing country experiences due to trade lib-
eralization can be recovered by improving the 
domestic tax system in the affected country; 
and 
(C) technical assistance provided by the 
United States to eligible sub-Saharan African 
countries in fiscal or economic policy programs 
has focused on tax system enhancement or de-
velopment that has been helpful in moving tax 
regimes away from trade-related tax revenue to-
ward other tax revenue sources. 
(2) SENSE OF THE CONGRESS.—It is the sense 
of the Congress that—
(A) the United States Agency for Inter-
national Development, in cooperation with the 
United States Department of the Treasury, the 
International Monetary Fund, the International 
Bank for Reconstruction and Development, and 
the African Development Bank, should exercise 
the authorities it has to continue to provide 
technical assistance to eligible sub-Saharan Af-
rican countries in the tax policy and revenue 
administration; and 
(B) particular focus should be given to 
projects that assist such countries in developing 
domestic policies and measures to replace lost 
trade tax revenues resulting from trade liberal-
ization.
(b) DOUBLE TAXATION TREATIES WITH ELIGIBLE 
SUB-SAHARAN AFRICAN COUNTRIES.—In order to en-
courage investment in and certainty in the movement of 
capital, the Secretary of the Treasury shall seek negotia-
tions with those eligible sub-Saharan African countries 
which the Secretary determines will benefit most from an 
income tax treaty with the United States. 
(c) DEDUCTION
FOR
CASH
CONTRIBUTIONS
TO 
GLOBAL FUND TO FIGHT HIV/AIDS, TUBERCULOSIS, 
AND MALARIA.—