(except citrons of subheadings 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; or (D) concentrated citrus fruit juice provided for in sub-headings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS. (e) SECTION 22 FEES.-No proclamation issued pursuant to this title shall affect fees imposed pursuant to section 22 of the Agricultural Adjustment Act of 1933 (7 U.S.C. 624). (f) TARIFF-RATE QUOTAS.-No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota quantity shall be eligible for duty-free treatment under this Act. SEC. 205. RELATED AMENDMENTS. [(a) Amendment to Note 4 to subchapter IV of chapter 98 of the HTS relating to duty-free tourist allowances. [(b) Amendment to general note 3(a)(iv) of the HTS relating to products of the insular possessions (reprinted elsewhere).] SEC. 206. INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF THE ANDEAN TRADE PREFERENCE ACT. (a) REPORTING REQUIREMENTS. (1) The U.S. International Trade Commission (hereinafter in this section referred to as the "Commission") shall prepare, and submit to the Congress, a report regarding the economic impact of this title on U.S. industries and consumers, and, in conjunction with other agencies, the effectiveness of this title in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries, during— (2) During the period that this title is in effect, the report required by paragraph (1) shall be submitted on December 31 of each year that the report required by section 215 of the Caribbean Basin Economic Recovery Act is not submitted. (3) For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States shall be considered to be U.S. industries. (b) REPORT REQUIREMENTS. (1) Each report required under subsection (a) shall include, but not be limited to, an assessment by the Commission regarding— (A) the actual effect, during the period covered by the report, of this title on the U.S. economy generally as well as on those specific domestic industries which produce articles that are like, or directly competitive with, articles being imported into the United States from beneficiary countries; (B) the probable future effect that this title will have on the U.S. economy generally, as well as on such domestic industries, before the provisions of this title terminate; and (C) the estimated effect that this title has had on the drug-related crop eradication and crop substitution efforts of the beneficiary countries. (2) In preparing the assessments required under paragraph (1), the Commission shall, to the extent practicable— (A) analyze the production, trade and consumption of U.S. products affected by this title, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production; and (B) describe the nature and extent of any significant change in employment, profit levels, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned, which it believes are attributable to this title. (c) SUBMISSION DATES; PUBLIC COMMENT. (1) Each report required under subsection (a) shall be submitted to the Congress before the close of the 9-month period beginning on the day after the last day of the period covered by the report. (2) The Commission shall provide an opportunity for the submission by the public, either orally or in writing, or both, of information relating to matters that will be addressed in the reports. SEC. 207. IMPACT STUDY BY SECRETARY OF LABOR. The Secretary of Labor, in consultation with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact that the implementation of the provisions of this title has with respect to U.S. labor; and shall make an annual written report to Congress on the results of such review and analysis. SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT No duty-free treatment extended to beneficiary countries under this title shall remain in effect after December 31, 2006. F. AFRICAN GROWTH AND OPPORTUNITY ACT [19 U.S.C. 2466a;2466b, 3701-3706, 3722-3723; Public Law 106-200, Public Law 107-210, Public Law 108-429, and Public Law 108-274] TRADE ACT OF 1974 GENERALIZED SYSTEM OF PREFERENCES [Excerpts] SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR CERTAIN BENEFITS. (a) AUTHORITY TO DESIGNATE. (1) IN GENERAL.-Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act as a beneficiary sub-Saharan African country eligible for the benefits described in subsection (b) (A) if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act, as such requirements are in effect on the date of the enactment of that Act: and (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 502, if the country otherwise meets the eligibility criteria set forth in section 502. (2) MONITORING AND REVIEW OF CERTAIN COUNTRIES.-The President shall monitor, review, and report to Congress annually on the progress of each country listed in section 107 of the African Growth and Opportunity Act in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President's determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual report required by section 106 of the African Growth and Opportunity Act. (3) CONTINUING COMPLIANCE.-If the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section, effective on January 1 of the year following the year in which such determination is made. (b) PREFERENTIAL TARIFF TREATMENT FOR CERTAIN ARTICLES.— (1) IN GENERAL.-The President may provide duty-free treatment for any article described in section 503(b)(1)(B) through (G) that is the growth, product, or manufacture of a beneficiary sub-Saharan African country described in subsection (a), if after receiving the advice of the International Trade Commission in accordance with section 503(e), the President determines that such article is not import-sensitive in the context of imports from beneficiary sub-Saharan African countries. (2) RULES OF ORIGIN.-The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph that meets the requirements of section 503(a)(2), except that (A) if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such U.S. cost or value may be applied toward determining the percentage referred to in subparagraph (A) of section 503(a)(2); and (B) the cost or value of the materials included with respect to that article that are produced in one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage. (c) BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES, ETC.-For purposes of this title (1) the terms "beneficiary sub-Saharan African country" and "beneficiary sub-Saharan African countries" mean a country or countries listed in section 107 of the African Growth and Opportunity Act that the President has determined is eligible under subsection (a) of this section. (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 a country by reason of its entering into a free trade agreement with the United States. SEC. 506B. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN COUNTRIES. In the case of a beneficiary sub-Saharan African country, as defined in section 506A(c), duty-free treatment provided under this title shall remain in effect through September 30, 2015. AFRICAN GROWTH AND OPPORTUNITY ACT, as amended Title I-Extension of Certain Trade Benefits to Sub-Saharan Africa SEC. 101. SHORT TITLE. This title may be cited as the "African Growth and Opportunity Act”. SEC. 102. FINDINGS. Congress finds that— (1) it is in the mutual interest of the United States and the countries of sub-Saharan Africa to promote stable and sustainable economic growth and development in sub-Saharan Africa; (2) the 48 countries of sub-Saharan Africa form a region richly endowed with both natural and human resources; (3) sub-Saharan Africa represents a region of enormous economic potential and of enduring political significance to the United States; (4) the region has experienced the strengthening of democracy as countries in sub-Saharan Africa have taken steps to encourage broader participation in the political process; (5) certain countries in sub-Saharan Africa have increased their economic growth rates, taken significant steps towards liberalizing their economies, and made progress toward regional economic integration that can have positive benefits for the region; (6) despite those gains, the per capita income in sub-Saharan Africa averages approximately $500 annually; (7) trade and investment, as the American experience has shown, can represent powerful tools both for economic development and for encouraging broader participation in a political process in which political freedom can flourish; (8) increased trade and investment flows have the greatest impact in an economic environment in which trading partners eliminate barriers to trade and capital flows and encourage the development of a vibrant private sector that offers individual African citizens the freedom to expand their economic opportunities and provide for their families; (9) offering the countries of sub-Saharan Africa enhanced trade preferences will encourage both higher levels of trade and direct investment in support of the positive economic and political developments under way throughout the region; and (10) encouraging the reciprocal reduction of trade and investment barriers in Africa will enhance the benefits of trade and investment for the region as well as enhance commercial and political ties between the United States and sub-Saharan Africa. SEC. 103. STATEMENT OF POLICY. Congress supports— (1) encouraging increased trade and investment between the United States and sub-Saharan Africa; (2) reducing tariff and nontariff barriers and other obstacles to sub-Saharan African and U.S. trade; (3) expanding U.S. assistance to sub-Saharan Africa's regional integration efforts; (4) negotiating reciprocal and mutually beneficial trade agreements, including the possibility of establishing free trade areas that serve the interests of both the United States and the countries of sub-Saharan Africa; (5) focusing on countries committed to the rule of law, economic reform, and the eradication of poverty; (6) strengthening and expanding the private sector in sub-Saharan Africa, especially enterprises owned by women and small businesses; (7) facilitating the development of civil societies and political freedom in sub-Saharan Africa, (8) establishing a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum; and (9) the accession of the countries in sub-Saharan Africa to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. SEC. 104. ELIGIBILITY REQUIREMENTS. (a) IN GENERAL.-The President is authorized to designate a sub-Saharan African |