[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>