Text: H.R.4103 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-274 (07/13/2004)

 
[108th Congress Public Law 274]
[From the U.S. Government Printing Office]


[DOCID: f:publ274.108]

[[Page 819]]

                      AGOA ACCELERATION ACT OF 2004

[[Page 118 STAT. 820]]

Public Law 108-274
108th Congress

                                 An Act


 
  To extend and modify the trade benefits under the African Growth and 
                            Opportunity Act.

    Be it enacted by the Senate and House of <<NOTE: July 13, 
2004 -  [H.R. 4103]>> Representatives of the United States of America in 
                           Congress assembled,

SECTION 1. SHORT TITLE. <<NOTE: AGOA Acceleration Act of 2004. 19 USC 
            3701 note.>> 

    This Act may be cited as the ``AGOA Acceleration Act of 2004''.

SEC. 2. FINDINGS. <<NOTE: 19 USC 3701 note.>> 

    The Congress finds the following:
            (1) The African Growth and Opportunity Act (in this section 
        and section 3 referred to as ``the Act'') has helped to spur 
        economic growth and bolster economic reforms in the countries of 
        sub-Saharan Africa and has fostered stronger economic ties 
        between the countries of sub-Saharan Africa and the United 
        States; as a result, exports from the United States to sub-
        Saharan Africa reached record levels after the enactment of the 
        Act, while exports from sub-Saharan Africa to the United States 
        have increased considerably.
            (2) The Act's eligibility requirements have reinforced 
        democratic values and the rule of law, and have strengthened 
        adherence to internationally recognized worker rights in 
        eligible sub-Saharan African countries.
            (3) The Act has helped to bring about substantial increases 
        in foreign investment in sub-Saharan Africa, especially in the 
        textile and apparel sectors, where tens of thousands of new jobs 
        have been created.
            (4) As a result of the Agreement on Textiles and Apparel of 
        the World Trade Organization, under which quotas maintained by 
        WTO member countries on textile and apparel products end on 
        January 1, 2005, sub-Saharan Africa's textile and apparel 
        industry will be severely challenged by countries whose 
        industries are more developed and have greater capacity, 
        economies of scale, and better infrastructure.
            (5) The underdeveloped physical and financial infrastructure 
        in sub-Saharan Africa continues to discourage investment in the 
        region.
            (6) Regional integration establishes a foundation on which 
        sub-Saharan African countries can coordinate and pursue policies 
        grounded in African interests and history to achieve sustainable 
        development.
            (7) Expanded trade because of the Act has improved 
        fundamental economic conditions within sub-Saharan Africa. The 
        Act has helped to create jobs in the poorest region of the

[[Page 118 STAT. 821]]

        world, and most sub-Saharan African countries have sought to 
        take advantage of the opportunities provided by the Act.
            (8) Agricultural biotechnology holds promise for helping 
        solve global food security and human health crises in Africa 
        and, according to recent studies, has made contributions to the 
        protection of the environment by reducing the application of 
        pesticides, reducing soil erosion, and creating an environment 
        more hospitable to wildlife.
            (9) (A) One of the greatest challenges facing African 
        countries continues to be the HIV/AIDS epidemic, which has 
        infected as many as one out of every four people in some 
        countries, creating tremendous social, political, and economic 
        costs. African countries need continued United States financial 
        and technical assistance to combat this epidemic.
            (B) More awareness and involvement by governments are 
        necessary. Countries like Uganda, recognizing the threat of HIV/
        AIDS, have boldly attacked it through a combination of 
        education, public awareness, enhanced medical infrastructure and 
        resources, and greater access to medical treatment. An effective 
        HIV/AIDS prevention and treatment strategy involves all of these 
        steps.
            (10) African countries continue to need trade capacity 
        assistance to establish viable economic capacity, a well-
        grounded rule of law, and efficient government practices.

SEC. 3. STATEMENT OF POLICY. <<NOTE: 19 USC 3701 note.>> 

    The Congress supports--
            (1) a continued commitment to increase trade between the 
        United States and sub-Saharan Africa and increase investment in 
        sub-Saharan Africa to the benefit of workers, businesses, and 
        farmers in the United States and in sub-Saharan Africa, 
        including by developing innovative approaches to encourage 
        development and investment in sub-Saharan Africa;
            (2) a reduction of tariff and nontariff barriers and other 
        obstacles to trade between the countries of sub-Saharan Africa 
        and the United States, with particular emphasis on reducing 
        barriers to trade in emerging sectors of the economy that have 
        the greatest potential for development;
            (3) development of sub-Saharan Africa's physical and 
        financial infrastructure;
            (4) international efforts to fight HIV/AIDS, malaria, 
        tuberculosis, other infectious diseases, and serious public 
        health problems;
            (5) many of the aims of the New Partnership for African 
        Development (NEPAD), which include--
                    (A) reducing poverty and increasing economic growth;
                    (B) promoting peace, democracy, security, and human 
                rights;
                    (C) promoting African integration by deepening 
                linkages between African countries and by accelerating 
                Africa's economic and political integration into the 
                rest of the world;
                    (D) attracting investment, debt relief, and 
                development assistance;
                    (E) promoting trade and economic diversification;
                    (F) broadening global market access for United 
                States and African exports;

[[Page 118 STAT. 822]]

                    (G) improving transparency, good governance, and 
                political accountability;
                    (H) expanding access to social services, education, 
                and health services with a high priority given to 
                addressing HIV/AIDS, malaria, tuberculosis, other 
                infectious diseases, and other public health problems;
                    (I) promoting the role of women in social and 
                economic development by reinforcing education and 
                training and by assuring their participation in 
                political and economic arenas; and
                    (J) building the capacity of governments in sub-
                Saharan Africa to set and enforce a legal framework, as 
                well as to enforce the rule of law;
            (6) negotiation of reciprocal trade agreements between the 
        United States and sub-Saharan African countries, with the 
        overall goal of expanding trade across all of sub-Saharan 
        Africa;
            (7) the President seeking to negotiate, with interested 
        eligible sub-Saharan African countries, bilateral trade 
        agreements that provide investment opportunities, in accordance 
        with section 2102(b)(3) of the Trade Act of 2002 (19 U.S.C. 
        3802(b)(3));
            (8) efforts by the President to negotiate with the member 
        countries of the Southern African Customs Union in order to 
        provide the opportunity to deepen and make permanent the 
        benefits of the Act while giving the United States access to the 
        markets of these African countries for United States goods and 
        services, by reducing tariffs and non-tariff barriers, 
        strengthening intellectual property protection, improving 
        transparency, establishing general dispute settlement 
        mechanisms, and investor-state and state-to-state dispute 
        settlement mechanisms in investment;
            (9) a comprehensive and ambitious trade agreement with the 
        Southern African Customs Union, covering all products and 
        sectors, in order to mature the economic relationship between 
        sub-Saharan African countries and the United States and because 
        such an agreement would deepen United States economic and 
        political ties to the region, lend momentum to United States 
        development efforts, encourage greater United States investment, 
        and promote regional integration and economic growth;
            (10) regional integration among sub-Saharan African 
        countries and business partnerships between United States and 
        African firms; and
            (11) economic diversification in sub-Saharan African 
        countries and expansion of trade beyond textiles and apparel.

SEC. 4. <<NOTE: 19 USC 3701 note.>> SENSE OF CONGRESS ON RECIPROCITY AND 
            REGIONAL ECONOMIC INTEGRATION.

    It is the sense of the Congress that--
            (1) the preferential market access opportunities for 
        eligible sub-Saharan African countries will be complemented and 
        enhanced if those countries are implementing actively and fully, 
        consistent with any remaining applicable phase-in periods, their 
        obligations under the World Trade Organization, including 
        obligations under the Agreement on Trade-Related Aspects of 
        Intellectual Property, the Agreement on the Application of 
        Sanitary and Phytosanitary Measures, and the Agreement on Trade-

[[Page 118 STAT. 823]]

        Related Investment Measures, as well as the other agreements 
        described in section 101(d) of the Uruguay Round Agreements Act 
        (19 U.S.C. 3511(d));
            (2) eligible sub-Saharan African countries should 
        participate in and support mutual trade liberalization in 
        ongoing negotiations under the auspices of the World Trade 
        Organization, including by making reciprocal commitments with 
        respect to improving market access for industrial and 
        agricultural goods, and for services, recognizing that such 
        commitments may need to reflect special and differential 
        treatment for developing countries;
            (3) some of the most pernicious trade barriers against 
        exports by developing countries are the trade barriers 
        maintained by other developing countries; therefore, eligible 
        sub-Saharan African countries will benefit from the reduction of 
        trade barriers in other developing countries, especially in 
        developing countries that represent some of the greatest 
        potential markets for African goods and services; and
            (4) all countries should make sanitary and phytosanitary 
        decisions on the basis of sound science.

SEC. 5. <<NOTE: 19 USC 3701 note.>> SENSE OF CONGRESS ON INTERPRETATION 
            OF TEXTILE AND APPAREL PROVISIONS OF AGOA.

    It is the sense of the Congress that the executive branch, 
particularly the Committee for the Implementation of Textile Agreements 
(CITA), the Bureau of Customs and Border Protection of the Department of 
Homeland Security, and the Department of Commerce, should interpret, 
implement, and enforce the provisions of section 112 of the African 
Growth and Opportunity Act, relating to preferential treatment of 
textile and apparel articles, broadly in order to expand trade by 
maximizing opportunities for imports of such articles from eligible sub-
Saharan African countries.

SEC. 6. DEFINITION. <<NOTE: 19 USC 3701 note.>> 

    In this Act, the term ``eligible sub-Saharan African country'' means 
an eligible sub-Saharan African country under the African Growth and 
Opportunity Act.

SEC. 7. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT. <<NOTE: 19 USC 
            3701 note.>> 

    (a) Generalized System of Preferences.--
            (1) Extension of program.--Section 506B of the Trade Act of 
        1974 (19 U.S.C. 2466b) is amended by striking ``2008'' and 
        inserting ``2015''.
            (2) Inputs from former beneficiary countries.--Section 506A 
        of the Trade Act of 1974 (19 U.S.C. 2466a) is amended--
                    (A) in subsection (b)(2)(B), by inserting ``or 
                former beneficiary sub-Saharan African countries'' after 
                ``countries''; and
                    (B) in subsection (c)--
                          (i) by striking ``title, the terms'' and 
                      inserting ``title--
            ``(1) the terms''; and
                          (ii) by adding at the end the following:
            ``(2) the term `former beneficiary sub-Saharan African 
        country' means a country that, after being designated as a 
        beneficiary sub-Saharan African country under the African Growth 
        and Opportunity Act, ceased to be designated as such

[[Page 118 STAT. 824]]

        a country by reason of its entering into a free trade agreement 
        with the United States.''.

    (b) Apparel Articles.--(1) Section 112(b)(1) of the African Growth 
and Opportunity Act (19 U.S.C. 3721(b)(1)) is amended by striking 
``(including'' and inserting ``or both (including''.
    (2) Section 112(b)(3) of the African Growth and Opportunity Act (19 
U.S.C. 3721 (b)(3)) is amended--
            (A) in the matter preceding subparagraph (A)--
                    (i) by striking ``either in the United States or one 
                or more beneficiary sub-Saharan African countries'' each 
                place it appears and inserting ``in the United States or 
                one or more beneficiary sub-Saharan African countries or 
                former beneficiary sub-Saharan African countries, or 
                both''; and
                    (ii) by striking ``subject to the following:'' and 
                inserting ``whether or not the apparel articles are also 
                made from any of the fabrics, fabric components formed, 
                or components knit-to-shape described in paragraph (1) 
                or (2) (unless the apparel articles are made exclusively 
                from any of the fabrics, fabric components formed, or 
                components knit-to-shape described in paragraph (1) or 
                (2)), subject to the following:''; and
            (B) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) Limitations on benefits.--
                          ``(i) In general.--Preferential treatment 
                      under this paragraph shall be extended in the 1-
                      year period beginning October 1, 2003, and in each 
                      of the 11 succeeding 1-year periods, to imports of 
                      apparel articles in an amount not to exceed the 
                      applicable percentage of the aggregate square 
                      meter equivalents of all apparel articles imported 
                      into the United States in the preceding 12-month 
                      period for which data are available.
                          ``(ii) Applicable percentage.--For purposes of 
                      this subparagraph, the term `applicable 
                      percentage' means--
                                    ``(I) 4.747 percent for the 1-year 
                                period beginning October 1, 2003, 
                                increased in each of the 5 succeeding 1-
                                year periods by equal increments, so 
                                that for the 1-year period beginning 
                                October 1, 2007, the applicable 
                                percentage does not exceed 7 percent; 
                                and
                                    ``(II) for each succeeding 1-year 
                                period until September 30, 2015, not to 
                                exceed 7 percent.
                    ``(B) Special rule for lesser developed countries.--
                          ``(i) In general.--Preferential treatment 
                      under this paragraph shall be extended though 
                      September 30, 2007, for apparel articles wholly 
                      assembled, or knit-to-shape and wholly assembled, 
                      or both, in one or more lesser developed 
                      beneficiary sub-Saharan African countries, 
                      regardless of the country of origin of the fabric 
                      or the yarn used to make such articles, in an 
                      amount not to exceed the applicable percentage of 
                      the aggregate square meter equivalents of all 
                      apparel articles imported into the United States 
                      in

[[Page 118 STAT. 825]]

                      the preceding 12-month period for which data are 
                      available.
                          ``(ii) Applicable percentage.--For purposes of 
                      the subparagraph, the term `applicable percentage' 
                      means--
                                    ``(I) 2.3571 percent for the 1-year 
                                period beginning October 1, 2003;
                                    ``(II) 2.6428 percent for the 1-year 
                                period beginning October 1, 2004;
                                    ``(III) 2.9285 percent for the 1-
                                year period beginning October 1, 2005; 
                                and
                                    ``(IV) 1.6071 percent for the 1-year 
                                period beginning October 1, 2006.
                          ``(iii) Lesser developed beneficiary sub-
                      saharan african country.--For purposes of this 
                      subparagraph, the term `lesser developed 
                      beneficiary sub-Saharan African country' means--
                                    ``(I) a beneficiary sub-Saharan 
                                African country that had a per capita 
                                gross national product of less than 
                                $1,500 in 1998, as measured by the 
                                International Bank for Reconstruction 
                                and Development;
                                    ``(II) Botswana; and
                                    ``(III) Namibia.''.

    (3) Section 112(b)(5)(A) of the African Growth and Opportunity Act 
(19 U.S.C. 3721(b)(5)(A)) is amended to read as follows:
                    ``(A) In general.--Apparel articles that are both 
                cut (or knit-to-shape) and sewn or otherwise assembled 
                in one or more beneficiary sub-Saharan African 
                countries, to the extent that apparel articles of such 
                fabrics or yarns would be eligible for preferential 
                treatment, without regard to the source of the fabrics 
                or yarns, under Annex 401 to the NAFTA.''.

    (c) Handloomed, Handmade, Folklore Articles and Ethnic Printed 
Fabrics.--Section 112(b)(6) of the African Growth and Opportunity Act 
(19 U.S.C. 3721(b)(6)) is amended to read as follows:
            ``(6) Handloomed, handmade, folklore articles and ethnic 
        printed fabrics.--
                    ``(A) In general.--A handloomed, handmade, folklore 
                article or an ethnic printed fabric of a beneficiary 
                sub-Saharan African country or countries that is 
                certified as such by the competent authority of such 
                beneficiary country or countries. For purposes of this 
                section, the President, after consultation with the 
                beneficiary sub-Saharan African country or countries 
                concerned, shall determine which, if any, particular 
                textile and apparel goods of the country (or countries) 
                shall be treated as being handloomed, handmade, or 
                folklore articles or an ethic printed fabric.
                    ``(B) Requirements for ethnic printed fabric.--
                Ethnic printed fabrics qualified under this paragraph 
                are--
                          ``(i) fabrics containing a selvedge on both 
                      edges, having a width of less than 50 inches, 
                      classifiable under subheading 5208.52.30 or 
                      5208.52.40 of the Harmonized Tariff Schedule of 
                      the United States;
                          ``(ii) of the type that contains designs, 
                      symbols, and other characteristics of African 
                      prints--

[[Page 118 STAT. 826]]

                                    ``(I) normally produced for and sold 
                                on the indigenous African market; and
                                    ``(II) normally sold in Africa by 
                                the piece as opposed to being tailored
into garments before being sold in indigenous African markets;
                          ``(iii) printed, including waxed, in one or 
                      more eligible beneficiary sub-Saharan countries; 
                      and
                          ``(iv) fabrics formed in the United States, 
                      from yarns formed in the United States, or from 
                      fabric formed in one or more beneficiary sub-
                      Saharan African country from yarn originating in 
                      either the United States or one or more 
                      beneficiary sub-Saharan African countries.''.

    (d) Regional and U.S. Sources.--Section 112(b)(7) of the African 
Growth and Opportunity Act (19 U.S.C. 3721(b)(7)) is amended by 
inserting ``or former beneficiary sub-Saharan African countries'' after 
``and one or more beneficiary sub-Saharan African countries'' each place 
it appears.
    (e) Special Rules.--
            (1) Certain components.--Section 112(d) of the African 
        Growth and Opportunity Act (19 U.S.C. 3721(d)) is amended by 
        adding at the end the following:
            ``(3) Certain components.--An article otherwise eligible for 
        preferential treatment under this section will not be ineligible 
        for such treatment because the article contains--
                    ``(A) any collars or cuffs (cut or knit-to-shape),
                    ``(B) drawstrings,
                    ``(C) shoulder pads or other padding,
                    ``(D) waistbands,
                    ``(E) belt attached to the article,
                    ``(F) straps containing elastic, or
                    ``(G) elbow patches,
        that do not meet the requirements set forth in subsection (b), 
        regardless of the country of origin of the item referred to in 
        the applicable subparagraph of this paragraph.''.
            (2) De minimis rule.--Section 112(d)(2) of the African 
        Growth and Opportunity Act (19 U.S.C. 3721(d)(2)) is amended--
                    (A) by inserting ``or former beneficiary sub-Saharan 
                African countries'' after ``countries''; and
                    (B) by striking ``7 percent'' and inserting ``10 
                percent''.

    (f) Definitions.--Section 112(e) of the African Growth and 
Opportunity Act (19 U.S.C. 3721(e)) is amended by adding at the end the 
following:
            ``(4) Former sub-saharan african country.--The term `former 
        sub-Saharan African country' means a country that, after being 
        designated as a beneficiary sub-Saharan African country under 
        this Act, ceased to be designated as such a beneficiary sub-
        Saharan country by reason of its entering into a free trade 
        agreement with the United States.''.

SEC. 8. <<NOTE: 19 USC 3701 note.>> ENTRIES OF CERTAIN APPAREL ARTICLES 
            PURSUANT TO THE AFRICAN GROWTH AND OPPORTUNITY ACT.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, the Secretary of 
the Treasury shall liquidate or reliquidate as free of duty and free of 
any quantitative restrictions, limitations, or

[[Page 118 STAT. 827]]

consultation levels entries of articles described in subsection (d) made 
on or after October 1, 2000, and before the date of the enactment of 
this Act.
    (b) Requests.--Liquidation <<NOTE: Deadline.>> or reliquidation may 
be made under subsection (a) with respect to an entry described in 
subsection (d) only if a request therefor is filed with the Secretary of 
the Treasury within 90 days after the date of the enactment of this Act 
and the request contains sufficient information to enable the Secretary 
to locate the entry or reconstruct the entry if it cannot be located.

    (c) Payment of Amounts Owed.--Any <<NOTE: Deadline.>> amounts owed 
by the United States pursuant to the liquidation or reliquidation of any 
entry under subsection (a) shall be paid not later than 180 days after 
the date of such liquidation or reliquidation.

    (d) Entries.--The entries referred to in subsection (a) are entries 
of apparel articles that meet the requirements of section 112(b) of the 
African Growth and Opportunity Act, as amended by section 3108 of the 
Trade Act of 2002 and this Act.

SEC. 9. DEVELOPMENT STUDY AND CAPACITY BUILDING. <<NOTE: President. 19 
            USC 3701 note.>> 

    (a) Reports.--The <<NOTE: Deadline.>> President shall, by not later 
than 1 year after the date of the enactment of this Act, conduct a study 
on each eligible sub-Saharan African country, that--
            (1) identifies sectors of the economy of that country with 
        the greatest potential for growth, including through export 
        sales;
            (2) identifies barriers, both domestically and 
        internationally, that are impeding growth in such sectors; and
            (3) makes recommendations on how the United States 
        Government and the private sector can provide technical 
        assistance to that country to assist in dismantling such 
        barriers and in promoting investment in such sectors.

    (b) Dissemination of Information.--The President shall disseminate 
information in each study conducted under subsection (a) to the 
appropriate United States agencies for the purpose of implementing 
recommendations on the provision of technical assistance and in 
identifying opportunities for United States investors, businesses, and 
farmers.

SEC. 10. <<NOTE: 19 USC 3701 note.>> ACTIVITIES IN SUPPORT OF 
            INFRASTRUCTURE TO SUPPORT INCREASING TRADE CAPACITY AND 
            ECOTOURISM.

    (a) Findings.--The Congress finds the following:
            (1) Ecotourism, which consists of--
                    (A) responsible and sustainable travel and 
                visitation to relatively undisturbed natural areas in 
                order to enjoy and appreciate nature (and any 
                accompanying cultural features, both past and present) 
                and animals, including species that are rare or 
                endangered,
                    (B) promotion of conservation and provision for 
                beneficial involvement of local populations, and
                    (C) visitation designed to have low negative impact 
                upon the environment,
        is expected to expand 30 percent globally over the next decade.
            (2) Ecotourism will increase trade capacity by sustaining 
        otherwise unsustainable infrastructure, such as road, port, 
        water, energy, and telecommunication development.
            (3) According to the United States Department of State and 
        the United Nations Environment Programme, sustainable

[[Page 118 STAT. 828]]

        tourism, such as ecotourism, can be an important part of the 
        economic development of a region, especially a region with 
        natural and cultural protected areas.
            (4) Sub-Saharan Africa enjoys an international comparative 
        advantage in ecotourism because it features extensive protected 
        areas that host a variety of ecosystems and traditional cultures 
        that are major attractions for nature-oriented tourism.
            (5) National parks and reserves in sub-Saharan Africa should 
        be considered a basis for regional development, involving 
        communities living within and adjacent to them and, given their 
        strong international recognition, provide an advantage in 
        ecotourism marketing and promotion.
            (6) Desert areas in sub-Saharan Africa represent complex 
        ecotourism attractions, showcasing natural, geological, and 
        archaeological features, and nomad and other cultures and 
        traditions.
            (7) Many natural zones in sub-Saharan Africa cross the 
        political borders of several countries; therefore, transboundary 
        cooperation is fundamental for all types of ecotourism 
        development.
            (8) The commercial viability of ecotourism is enhanced when 
        small and medium enterprises, particularly microenterprises, 
        successfully engage with the tourism industry in sub-Saharan 
        Africa.
            (9) Adequate capacity building is an essential component of 
        ecotourism development if local communities are to be real 
        stakeholders that can sustain an equitable approach to 
        ecotourism management.
            (10) Ecotourism needs to generate local community benefits 
        by utilizing sub-Saharan Africa's natural heritage, parks, 
        wildlife reserves, and other protected areas that can play a 
        significant role in encouraging local economic development by 
        sourcing food and other locally produced resources.

    (b) Action by the President.--The President shall develop and 
implement policies to--
            (1) encourage the development of infrastructure projects 
        that will help to increase trade capacity and a sustainable 
        ecotourism industry in eligible sub-Saharan African countries;
            (2) encourage and facilitate transboundary cooperation among 
        sub-Saharan African countries in order to facilitate trade;
            (3) encourage the provision of technical assistance to 
        eligible sub-Saharan African countries to establish and sustain 
        adequate trade capacity development; and
            (4) encourage micro-, small-, and medium-sized enterprises 
        in eligible sub-Saharan African countries to participate in the 
        ecotourism industry.

SEC. 11. <<NOTE: 19 USC 3701 note.>> ACTIVITIES IN SUPPORT OF 
            TRANSPORTATION, ENERGY, AGRICULTURE, AND TELECOMMUNICATIONS 
            INFRASTRUCTURE.

    (a) Findings.--The Congress finds the following:
            (1) In order to increase exports from, and trade among, 
        eligible sub-Saharan African countries, transportation systems 
        in those countries must be improved to increase transport 
        efficiencies and lower transport costs.

[[Page 118 STAT. 829]]

            (2) Vibrant economic growth requires a developed 
        telecommunication and energy infrastructure.
            (3) Sub-Saharan Africa is rich in exportable agricultural 
        goods, but development of this industry remains stymied because 
        of an underdeveloped infrastructure.

    (b) Action by the President.--In order to enhance trade with Africa 
and to bring the benefits of trade to African countries, the President 
shall develop and implement policies to encourage investment in eligible 
sub-Saharan African countries, particularly with respect to the 
following:
            (1) Infrastructure projects that support, in particular, 
        development of land transport road and railroad networks and 
        ports, and the continued upgrading and liberalization of the 
        energy and telecommunications sectors.
            (2) The establishment and expansion of modern information 
        and communication technologies and practices to improve the 
        ability of citizens to research and disseminate information 
        relating to, among other things, the economy, education, trade, 
        health, agriculture, the environment, and the media.
            (3) Agriculture, particularly in processing and capacity 
        enhancement.

SEC. 12. FACILITATION OF TRANSPORTATION. <<NOTE: 19 USC 3701 note.>> 

    In order to facilitate and increase trade flows between eligible 
sub-Saharan African countries and the United States, the President shall 
foster improved port-to-port and airport-to-airport relationships. These 
relationships should facilitate--
            (1) increased coordination between customs services at ports 
        and airports in the United States and such countries in order to 
        reduce time in transit;
            (2) interaction between customs and technical staff from 
        ports and airports in the United States and such countries in 
        order to increase efficiency and safety procedures and protocols 
        relating to trade;
            (3) coordination between chambers of commerce, freight 
        forwarders, customs brokers, and others involved in 
        consolidating and moving freight; and
            (4) trade through air service between airports in the United 
        States and such countries by increasing frequency and capacity.

SEC. 13. AGRICULTURAL TECHNICAL ASSISTANCE. <<NOTE: President. 19 USC 
            3701 note.>> 

    (a) Identification of Countries.--The President shall identify not 
fewer than 10 eligible sub-Saharan African countries as having the 
greatest potential to increase marketable exports of agricultural 
products to the United States and the greatest need for technical 
assistance, particularly with respect to pest risk assessments and 
complying with sanitary and phytosanitary rules of the United States.
    (b) Personnel.--The President shall assign at least 20 full-time 
personnel for the purpose of providing assistance to the countries 
identified under subsection (a) to ensure that exports of agricultural 
products from those countries meet the requirements of United States 
law.

SEC. 14. TRADE ADVISORY COMMITTEE ON AFRICA. <<NOTE: President. 19 USC 
            3701 note.>> 

    The President shall convene the trade advisory committee on Africa 
established by Executive Order 11846 of March 27, 1975, under section 
135(c) of the Trade Act of 1974, in order to facilitate

[[Page 118 STAT. 830]]

the goals and objectives of the African Growth and Opportunity Act and 
this Act, and to maintain ongoing discussions with African trade and 
agriculture ministries and private sector organizations on issues of 
mutual concern, including regional and international trade concerns and 
World Trade Organization issues.

    Approved July 13, 2004.

LEGISLATIVE HISTORY--H.R. 4103:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-501 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 14, considered and passed House.
            June 24, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            July 13, Presidential remarks.

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