Pub.L. 108-275 To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. <> ...

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                      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 

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