New Partnership for Trade Development Act of 2009 - Amends the African Growth and Opportunity Act and the Trade Act of 1974 to require the President to provide duty-free treatment of all articles (without quantitative limitation) from qualified beneficiary countries that have been designated: (1) a sub-Saharan African country; and (2) a least-developed beneficiary country. (Effectively, provides an additional trade preference program for sub-Saharan African countries and least-developed countries.)
Prescribes requirements regarding significant apparel suppliers.
Terminates a country's eligibility for preferential treatment: (1) on December 31, 2015; or (2) if the President certifies to Congress a successful conclusion of the World Trade Organization's (WTO) Doha Development Agenda Round of Negotiations on or before such date, on December 31, 2019, with specified exceptions.
Extends through FY2015 the preferential treatment of 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 country of origin of the fabric or yarn and in an amount not greater than the applicable percentage of the aggregate square meter equivalents of all apparel imported into the United States in the preceding 12-month period).
Directs the President to establish a Trade and Development Review Panel.
Revises the prohibition against designating certain import-sensitive articles and agricultural products from a beneficiary developing country as eligible for preferential treatment under the generalized system of preferences (GSP). Authorizes the President to designate such articles as eligible for preferential treatment if the Secretary of Commerce and the International Trade Commission (ITC) determine that: (1) such duty-free treatment would not cause or threaten to cause material harm to a U.S. producer of the same or like article or to a U.S. supplier of inputs or components to the same or like article; and (2) not providing preferential treatment to an article would cause or threaten to cause material harm to producers of such articles in any of the beneficiary developing countries.
Revises factors the President must consider when determining whether to designate an upper middle-income country or a country that has a gross national income of at least $1 trillion dollars as an eligible beneficiary developing country for preferential treatment under GSP. Includes among such factors the extent to which the country provides preferential market access to articles from: (1) least-developed countries; or (2) sub-Saharan African countries.
Revises rule of origin requirements, particularly for determination of the percentage of the appraised value of an article and its application to the Commonwealth of Puerto Rico and the U.S. Virgin Islands.
Extends the GSP through December 31, 2019.
Establishes within the Executive Office of the President: (1) an Office of Trade and Competitiveness for Least Developed and African Countries; and (2) a Trade Capacity Coordinating Committee for Least Developed and African Countries.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4101 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4101
To amend the African Growth and Opportunity Act and the Trade Act of
1974 to provide improved duty-free treatment for certain articles from
certain least-developed countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2009
Mr. McDermott introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the African Growth and Opportunity Act and the Trade Act of
1974 to provide improved duty-free treatment for certain articles from
certain least-developed countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Partnership
for Trade Development Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Expanded benefits and alternative rule of origin for articles
of sub-Saharan African countries.
Sec. 3. Expanded benefits and rule of origin for articles of other
least-developed beneficiary countries.
Sec. 4. Review of import-restricted articles under Generalized System
of Preferences.
Sec. 5. Factors affecting country designation under Generalized System
of Preferences.
Sec. 6. Rule of origin under Generalized System of Preferences.
Sec. 7. Extension of Generalized System of Preferences.
Sec. 8. Office of Trade and Competitiveness for Least Developed and
African Countries.
SEC. 2. EXPANDED BENEFITS AND ALTERNATIVE RULE OF ORIGIN FOR ARTICLES
OF SUB-SAHARAN AFRICAN COUNTRIES.
(a) In General.--The African Growth and Opportunity Act (19 U.S.C.
3701 et seq.) is amended by inserting after section 112 the following
new section:
``SEC. 112A. EXPANDED BENEFITS AND ALTERNATIVE RULE OF ORIGIN FOR
ARTICLES OF SUB-SAHARAN AFRICAN COUNTRIES.
``(a) Duty-Free Treatment.--The President shall, subject to section
503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)), provide duty-free
treatment in accordance with this section for all articles from
qualified beneficiary sub-Saharan African countries designated under
subsection (b), and such articles shall not be subject to any
quantitative limitation.
``(b) Designated Countries.--The President shall designate as a
qualified beneficiary sub-Saharan African country for purposes of this
section any country that is designated as an eligible sub-Saharan
African country under section 104 of this Act.
``(c) Rule of Origin.--The rule of origin requirements described in
section 503(a)(2) of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)) shall
apply with respect to a determination to provide duty-free treatment
under this section to any article from a qualified beneficiary sub-
Saharan African country designated under subsection (b) to the same
extent and in the same manner as the rule of origin requirements
described in such section 503(a)(2) apply with respect to a
determination to provide duty-free treatment under title V of the Trade
Act of 1974 (19 U.S.C. 2461 et seq.) to any article from a beneficiary
developing country.
``(d) Termination.--
``(1) In general.--The preferential treatment under this
section shall terminate--
``(A) at the close of December 31, 2015; or
``(B) except as provided in paragraph (2), if the
President makes a determination and certification to
Congress that there is a successful conclusion to the
World Trade Organization's Doha Development Agenda
Round of Negotiations on or before the date specified
in subparagraph (A), at the close of December 31, 2019.
``(2) Exception.--The preferential treatment under this
section shall apply with respect to all articles from a
qualified beneficiary sub-Saharan African country designated
under subsection (b) after December 31, 2019, as follows:
``(A) For the 5-year period beginning on January 1,
2020, such country is determined by the Economic and
Social Council of the United Nations to be `Least
Developed', as of March 31, 2019.
``(B) For each successive 5-year period thereafter,
such country is determined by the Economic and Social
Council of the United Nations to be `Least Developed',
as of March 31 of the last year of the preceding 5-year
period.''.
(b) Lesser Developed Countries.--Section 112(c)(1) of the African
Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended--
(1) in the heading, by striking ``September 30, 2012'' and
inserting ``September 30, 2015'';
(2) in subparagraph (A), by striking ``September 30, 2012''
and inserting ``September 30, 2015''; and
(3) in subparagraph (B)(ii), by striking ``September 30,
2012'' and inserting ``September 30, 2015''.
(c) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by subsection (a)
and (b) take effect on the date of the enactment of this Act.
(2) Transition rule.--During the period beginning on the
date of the enactment of this Act and ending at the close of
September 30, 2015, any article to which section 112A of the
African Growth and Opportunity Act (as added by subsection (a)
of this section) applies may be entered, at the option of the
importer, pursuant to--
(A) section 112A of the African Growth and
Opportunity Act; or
(B) section 503 or 506A of the Trade Act of 1974 or
section 112 of the African Growth and Opportunity Act,
as the case may be.
(d) Repeal.--Effective October 1, 2015, section 112 of the African
Growth and Opportunity Act (19 U.S.C. 3721) is repealed.
(e) Clerical Amendments.--
(1) In general.--The table of contents for the Trade and
Development Act of 2000 is amended by inserting after the item
relating to section 112 the following:
``112A. Expanded benefits and alternative rule of origin for articles
of sub-Saharan African countries.''.
(2) Repeals.--Effective October 1, 2015, the item relating
to section 112 of the African Growth and Opportunity Act (19
U.S.C. 3721) in the table of contents for that Act is repealed.
SEC. 3. EXPANDED BENEFITS AND RULE OF ORIGIN FOR ARTICLES OF OTHER
LEAST-DEVELOPED BENEFICIARY COUNTRIES.
(a) In General.--Title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.) is amended by inserting after section 506B the following new
section:
``SEC. 506C. EXPANDED BENEFITS AND RULE OF ORIGIN FOR ARTICLES OF OTHER
LEAST-DEVELOPED BENEFICIARY COUNTRIES.
``(a) Duty-Free Treatment.--The President shall, subject to section
503(b), provide duty-free treatment in accordance with this section for
all articles from qualified least-developed beneficiary countries
designated under subsection (b), and such articles shall not be subject
to any quantitative limitation.
``(b) Designated Countries.--The President shall designate as a
qualified beneficiary country for purposes of this section any country
that meets the following requirements:
``(1) For the period beginning on the date of the enactment
of this section and ending at the close of December 31, 2014,
the country is determined by the Economic and Social Council of
the United Nations to be `Least Developed', as of March 31,
2009. For the period beginning on January 1, 2015, and ending
at the close of December 31, 2019, the country is determined by
the Economic and Social Council of the United Nations to be
`Least Developed', as of March 31, 2014.
``(2) The country is not eligible for designation as an
eligible sub-Saharan African country under section 104 of the
African Growth and Opportunity Act because the country is not
listed under section 107 of that Act, but otherwise meets the
requirements of such section 104.
``(3) The country otherwise meets the eligibility criteria
set forth in section 502, subject to the authority granted to
the President under subsections (a), (d), and (e) of such
section.
``(c) Rule of Origin.--The rule of origin requirements described in
section 503(a)(2) shall apply with respect to a determination to
provide duty-free treatment under this section to any article from a
qualified least-developed beneficiary country designated under
subsection (b) to the same extent and in the same manner as the rule of
origin requirements described in such section 503(a)(2) apply with
respect to a determination to provide duty-free treatment under this
title to any article from a beneficiary developing country.
``(d) Adjustment Rule for Duty-Free Treatment for Articles of
Significant Apparel Suppliers.--
``(1) In general.--In each applicable 1-year period, in the
case of an article described in paragraph (2) that is the
growth, product, or manufacture of a qualified least-developed
beneficiary country that is a significant apparel supplier, the
preferential treatment under subsection (a) shall be limited to
50 percent of the aggregate square meter equivalent of the
combined product categories of such products that entered from
that country in calendar year 2007.
``(2) Articles.--The articles referred to in paragraph (1)
are the following:
``(A) Men's and boys' trousers, breeches, and
shorts made with cotton or manmade fibers (textile and
apparel category numbers 347 and 647).
``(B) Women's and girls' trousers, slacks,
breeches, and shorts made with cotton or man-made
fibers (textile and apparel category numbers 348 and
648).
``(C) Men's and boys' knit shirts made from cotton
or man-made fibers (textile and apparel category
numbers 338 and 638).
``(D) Women's and girls' knit shirts and blouses
made from cotton or man-made fibers (textile and
apparel category numbers 339 and 639).
``(E) Men's and boys' shirts, not knit, made from
cotton or man-made fibers (textile and apparel category
numbers 340 and 640).
``(F) Women's and girls' shirts and blouses, non-
knit, made from cotton or man-made fibers (textile and
apparel category numbers 341 and 641).
``(G) Men's and boys' coats made from cotton or
man-made fibers (textile and apparel category numbers
333, 334, 633, 634, and 643).
``(H) Women's and girls' coats made from cotton or
man-made fibers (textile and apparel category numbers
335, 635, and 644).
``(3) Alternative adjustment rule for significant apparel
suppliers.--
``(A) In general.--If a qualified least-developed
beneficiary country that is a significant apparel
supplier qualifies under subparagraph (B) for the
integration incentive for a fiscal year after fiscal
year 2010, then the quantitative limitation under
paragraph (1) for that calendar year shall be increased
by 10 percentage points over the quantitative
limitation that applied to that country in the
preceding fiscal year.
``(B) Integration incentive.--A significant apparel
supplier qualifies for the integration incentive if not
less than 50 percent of the aggregate square meter
equivalents of the articles listed in paragraph (2)(A)
that entered from that country in the preceding fiscal
year are composed of yarns or fabrics or components
made of yarns or fabrics that originate in beneficiary
developing countries under this title or are in
countries that are party to a free trade agreement with
the United States.
``(C) Report.--The International Trade Commission
shall submit to Congress annually by December 31 of
each year a report on the aggregate textile and apparel
imports of each qualified least-developed beneficiary
country that is a significant apparel supplier from
each country that is `Least Developed' (as determined
by the Economic and Social Council of the United
Nations) and publish such report in the Federal
Register.
``(4) Definitions.--In this subsection:
``(A) Applicable 1-year period.--The term
`applicable 1-year period' means the 1-year period
beginning January 1, 2010, and each 1-year period
thereafter until December 31, 2019.
``(B) Significant apparel supplier.--The term
`significant apparel supplier' means a qualified least-
developed beneficiary country from which total apparel
imports in a calendar year exceed 2 percent of the
aggregate square meter equivalents of all apparel
imports in such year.
``(C) Textile and apparel category number.--The
term `textile and apparel category number' means the
number assigned under the U.S. Textile and Apparel
Category System of the Office of Textiles and Apparel
of the Department of Commerce, as listed in the
Harmonized Tariff Schedule of the United States under
the applicable heading or subheading (as in effect on
September 1, 2007).
``(5) Termination.--The adjustment rule provisions of this
subsection shall terminate--
``(A) at the close of December 31, 2015; or
``(B) if the President makes a determination and
certification to Congress in accordance with subsection
(e)(1)(B), at the close of December 31, 2019.
``(e) Termination.--
``(1) In general.--The preferential treatment under this
section shall terminate--
``(A) at the close of December 31, 2015; or
``(B) except as provided in paragraph (2), if the
President makes a determination and certification to
Congress that there is a successful conclusion to the
World Trade Organization's Doha Development Agenda
Round of Negotiations on or before the date specified
in subparagraph (A), at the close of December 31, 2019.
``(2) Exception.--The preferential treatment under this
section shall apply with respect to all articles from a
qualified least-developed beneficiary country designated under
subsection (b) after December 31, 2019, as follows:
``(A) For the 5-year period beginning on January 1,
2020, such country is determined by the Economic and
Social Council of the United Nations to be `Least
Developed', as of March 31, 2019.
``(B) For each successive 5-year period thereafter,
such country is determined by the Economic and Social
Council of the United Nations to be `Least Developed',
as of March 31 of the last year of the preceding 5-year
period.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 506B
the following:
``506C. Expanded benefits and rule of origin for articles of other
least-developed beneficiary countries.''.
SEC. 4. REVIEW OF IMPORT-RESTRICTED ARTICLES UNDER GENERALIZED SYSTEM
OF PREFERENCES.
(a) Trade and Development Review Panel.--
(1) In general.--The President shall establish a Trade and
Development Review Panel (in this section referred to as the
``Panel'').
(2) Membership.--The Panel shall be comprised of not more
than ten members, including the heads of the United States
Agency for International Development, the Department of State,
the United States Trade Representative, the International Trade
Commission, and such other individuals selected pursuant to
paragraph (3).
(3) Other members.--The President shall select members of
the Panel (other than the heads of the agencies referred to in
paragraph (2)), from among individuals of the general public
with substantive expertise in the matters to be carried out by
the Panel, after consultation with the Chairman and Ranking
Member of the Committees on Ways and Means and Foreign Affairs
of the House of Representatives and the Committees on Finance
and Foreign Relations of the Senate.
(4) Chairpersons.--The Panel shall be co-chaired by the
United States Trade Representative and the Administrator of the
United States Agency for International Development.
(5) Duties.--
(A) In general.--The Panel shall carry out the
duties described in subparagraph (C) of section
503(d)(1) of the Trade Act of 1974 (19 U.S.C.
2463(d)(1)), as amended by subsection (b)(1) of this
section.
(B) Methodology.--The Panel shall employ procedures
that provide a maximum amount of transparency into the
decisionmaking process of the Panel, and to the extent
practicable establish quantitative benchmarks that are
used for decisionmaking purposes.
(6) Terms.--Members shall serve five-year terms and may be
reappointed.
(7) Cooperation.--The Panel, at its request, is authorized
to request and obtain information and analysis from any Federal
department or agency.
(b) Recommendations to the President.--Section 503(d) of the Trade
Act of 1974 (19 U.S.C. 2463(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (E);
(C) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) receives the advice of the Trade and Development
Review Panel established in accordance with section 4(a) of the
New Partnership for Trade Development Act on whether denying
such waiver would improve the development, with an emphasis on
job creation, in beneficiary developing countries with lower
indicators of development, as determined by the President,
``(D) determines, based on the advice described in
subparagraph (C), that denying such waiver is in the national
economic interest of the United States or in the economic
interest of such other beneficiary developing countries, and'';
and
(D) in subparagraph (E), as redesignated pursuant
to subparagraph (B) of this paragraph, by striking
``subparagraph (B)'' and inserting ``subparagraphs (B)
and (D)'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
(c) Designation of Articles as Eligible for Preferential
Treatment.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b))
is amended--
(1) in paragraph (1), by striking ``The President'' and
inserting ``Except as provided in paragraph (5), the
President'';
(2) in paragraph (3), by striking ``No quantity'' and
inserting ``Except as provided in paragraph (5), no quantity'';
and
(3) by adding at the end the following new paragraph:
``(5) Designation of articles as eligible for preferential
treatment.--
``(A) In general.--The President may designate an
article described in paragraph (1) or (3) as an
eligible article under subsection (a) if the article
meets the requirements of subparagraph (B).
``(B) Requirements.--An article meets the
requirements of this subparagraph if the Secretary of
Commerce and the International Trade Commission
determine, not later than three years after the date of
the enactment of this paragraph, that--
``(i) the application of duty-free
treatment under this title to the article would
not cause or threaten to cause material harm to
a United States producer of the same or a like
article or to a United States supplier of
inputs or components to the same or a like
article; and
``(ii) not applying such duty-free
treatment to the article would cause or
threaten to cause material harm to producers of
the article in any of the countries described
in clauses (i) through (iv) of subparagraph
(A).''.
SEC. 5. FACTORS AFFECTING COUNTRY DESIGNATION UNDER GENERALIZED SYSTEM
OF PREFERENCES.
(a) In General.--Section 502(c) of the Trade Act of 1974 (19 U.S.C.
2462(c)) is amended--
(1) in paragraph (6)(B), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) with respect to a country that is designated as
`Upper Middle-Income' by the International Bank for
Reconstruction and Development and the International
Development Association or that has a gross national income of
at least $1,000,000,000,000, the extent to which such country
provides meaningful preferential market access to articles from
countries that are `Least Developed' (as determined by the
Economic and Social Council of the United Nations) or are
designated as an eligible sub-Saharan African country under
section 104 of the African Growth and Opportunity Act.''.
(b) Benchmarks and Public Transparency.--In making a determination
of whether or not to designate a country as a beneficiary developing
country under section 502 of the Trade Act of 1974, or as an eligible
sub-Saharan African country under section 104 of the African Growth and
Opportunity Act, the President shall establish and publish in the
Federal Register clear and consistent benchmarks that will be used to
determine the basis of eligibility for a country at issue, as well as a
timeline for regular reviews. The President shall also implement
procedures to ensure that the analysis and decisionmaking behind any
such determination is transparent to the public.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to the designation of a country as a ``beneficiary
developing country'' under title V of the Trade Act of 1974 on or after
the date of the enactment of this Act.
SEC. 6. RULE OF ORIGIN UNDER GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Paragraph (2) of section 503(a) of the Trade Act
of 1974 (19 U.S.C. 2463(a) is amended to read as follows:
``(2) Rule of origin.--
``(A) In general.--The duty-free treatment provided
under this title shall apply to any article that is the
growth, product, or manufacture of a beneficiary
developing country if--
``(i) the article is imported directly from
such country into the customs territory of the
United States; and
``(ii) the sum of--
``(I) the cost or value of the
materials produced in 1 or more
beneficiary developing countries, plus
``(II) the direct costs of
processing operations performed in 1 or
more beneficiary developing countries,
is not less than 35 percent of the appraised
value of the article at the time it is entered.
``(B) Determination of percentage.--For purposes of
determining the percentage referred to in subparagraph
(A)(ii)--
``(i) with respect to a textile or apparel
article, the cost or value of materials
produced in a beneficiary developing country
includes the full value of any material,
regardless of the origin of the material, if
the material is both cut (or knit to shape) and
sewn or otherwise assembled into such article
in one or more beneficiary developing
countries; and
``(ii) the term `beneficiary developing
country' includes the Commonwealth of Puerto
Rico and the United States Virgin Islands. If
the cost or value of materials produced in the
customs territory of the United States (other
than the Commonwealth of Puerto Rico) is
included with respect to an article to which
this paragraph applies, an amount not to exceed
15 percent of the appraised value of the
article at the time it is entered that is
attributed to such United States cost or value
may be applied toward determining the
percentage referred to in subparagraph (A)(ii).
``(C) Exclusions.--An article shall not be treated
as the growth, product, or manufacture of a beneficiary
developing country by virtue of having merely
undergone--
``(i) simple combining or packaging
operations; or
``(ii) mere dilution with water or mere
dilution with another substance that does not
materially alter the characteristics of the
article.
``(D) Sets.--Notwithstanding the other provisions
of this paragraph, textile or apparel articles
classifiable under General Rule of Interpretation 3 of
the Harmonized Schedule of the United States as
articles put up in sets for retail sale shall not be
eligible for duty-free treatment under this title
unless each of the articles in the set is an eligible
article for purposes of this title or the total value
of the ineligible articles in the set does not exceed
ten percent of the appraised value of the set.
``(E) Definitions.--In this subsection:
``(i) Direct costs of processing
operations.--The term `direct costs of
processing operations'--
``(I) includes--
``(aa) all actual labor
costs involved in the growth,
production, manufacture, or
assembly of the article
concerned, including fringe
benefits, on-the-job training,
and the cost of engineering,
supervisory, quality control,
and similar personnel; and
``(bb) dies, molds,
tooling, and depreciation on
machinery and equipment that
are allocable to the article;
and
``(II) does not include costs that
are not directly attributable to the
article concerned or are not costs of
manufacturing the article, such as--
``(aa) profit; and
``(bb) general expenses of
doing business that are either
not allocable to the article or
are not related to the growth,
production, manufacture, or
assembly of the article, such
as administrative salaries,
casualty and liability
insurance, advertising,
interest, and salaries,
commissions, or expenses of
sales personnel.
``(ii) Textile or apparel article.--The
term `textile or apparel article' means any
article classifiable under any of the following
provisions of the Harmonized Tariff Schedule of
the United States:
``(I) Chapters 50 through 63.
``(II) Headings 6501, 6502, 6503,
or 6504.
``(III) Subheadings 6406.99 or
6505.90.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the entry, or withdrawal from warehouse for
consumption, of eligible articles from a beneficiary developing country
on or after the date of the enactment of this Act.
SEC. 7. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2019''.
SEC. 8. OFFICE OF TRADE AND COMPETITIVENESS FOR LEAST DEVELOPED AND
AFRICAN COUNTRIES.
(a) Establishment of Office.--
(1) In general.--There shall be established within the
Executive Office of the President an Office of Trade and
Competitiveness for Least Developed and African Countries
(hereafter referred to as the ``Office'') that will be
responsible for planning, developing, and coordinating trade
capacity building and private sector competitiveness programs
for Least Developed and African countries.
(2) Least developed and african countries defined.--For
purposes of this section, the term ``Least Developed and
African countries'' means a qualified beneficiary sub-Saharan
African country designated under section 112A of the African
Growth and Opportunity Act (as added by section 2 of this Act)
or a qualified least-developed beneficiary country designated
under section 506C of the Trade Act of 1974 (as added by
section 3 of this Act).
(b) Director and Staff.--The head of the Office shall be a Director
of Trade and Competitiveness for Least Developed and African Countries
who shall report to the President. The Director may hire staff with
expertise on international development, foreign aid, and international
trade. The President shall appoint the Director to be a member of the
National Security Council.
(c) Duties.--
(1) In general.--Not later than June 30, 2010, and not less
often than once every three years thereafter, the Director, in
consultation with the heads of appropriate Federal departments
and agencies and nongovernmental organizations, donor
governments, and private enterprise located within each Least
Developed and African country, shall submit to Congress a study
on the private sector competitiveness of Least Developed and
African countries.
(2) Matters to be included.--The study required under
paragraph (1) shall include a detailed description for each
Least Developed and African country that identifies the
barriers that exist to--
(A) economic growth and poverty reduction, in part
through utilization of the tariff preferences;
(B) women fully participating in the formal economy
of each such country; and
(C) small farmers, food producers, and small and
medium enterprises to expanding their businesses in
each such country, in part for the purpose of
increasing exports.
(d) Coordinating Committee.--The President shall establish a Trade
Capacity Coordinating Committee for Least Developed and African
Countries (referred to in this section as the ``Committee'') for the
purpose of coordinating implementation of trade capacity building
programs that are carried out by Federal departments and agencies in
Least Developed and African countries. The committee shall be composed
of the following individuals or their designees:
(1) The Director, who shall serve as the chairperson of the
Committee.
(2) The United States Trade Representative.
(3) The Secretaries of Agriculture, Commerce, Treasury,
State, and Defense.
(4) The head of any other Federal department or agency that
the President determines is appropriate.
(e) Mission.--
(1) Identification and assistance.--The President, acting
through the Director and the Committee, shall provide
assistance to the Least Developed and African countries to
dismantle the barriers identified in the study required under
subsection (c).
(2) Purposes.--Assistance provided pursuant to paragraph
(1) shall assist in the following:
(A) Developing the necessary infrastructure needed
to foster commerce, with a focus on regional
integration and means to expand value-added production.
(B) Improving labor conditions and enhancing
environmental sustainability.
(C) Addressing market barriers such as trade
facilitation and storage of goods, and complying with
international standards such as sanitary and
phytosanitary principles.
(D) Assisting small and medium enterprises to
increase the capability and capacity of such
enterprises.
(E) Enhancing economic opportunity for individuals
facing the greatest economic challenges, such as
individuals living in poverty, especially women and
small farmers.
(F) Aligning United States activities to
synchronize with the activities of nongovernmental
organizations, donor governments, and the private
enterprise located within the country at issue.
(3) International consultation and cooperation.--The
President, acting through the Director and the Committee, shall
consult with African and American business persons to fully
understand the barriers and opportunities to expanded trade and
investment between the United States and Least Developed and
African countries. In doing so, the Director should consider
establishing a private sector advisory panel that consists of
small, medium, and large African and American businesses.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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