[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2201 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 694
114th CONGRESS
  2d Session
                                S. 2201

        To promote international trade, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2015

  Mr. Corker (for himself, Mr. Cardin, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                            December 1, 2016

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
        To promote international trade, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Global Gateways Trade 
Capacity Act of 2015''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The expansion of international trade is vital 
        to the economic growth and national security of the United 
        States.</DELETED>
        <DELETED>    (2) Stable trading relationships promote security 
        and prosperity, and leadership by the United States in 
        international trade fosters the expansion of open markets and 
        democracy.</DELETED>
        <DELETED>    (3) United States aid to developing countries for 
        trade capacity building can have other positive side effects 
        such as promoting best practices, promoting good governance, 
        combating corruption, and reforming legal regimes.</DELETED>
        <DELETED>    (4) Private sector-led trade and investment are 
        fundamental components of sustainable economic development and 
        growth. United States trade capacity assistance should 
        facilitate the reduction or elimination of non-tariff trade 
        barriers that inhibit the ability of developing countries to 
        implement trade agreements and participate in the global 
        economy.</DELETED>
        <DELETED>    (5) Reducing trade transaction costs through trade 
        capacity improvements and trade facilitation reforms will 
        assist United States exporters and small and medium-size 
        enterprises reach new customers in the developing world. 
        Reducing these costs through trade facilitation reforms will 
        assist developing country businesses to trade and invest with 
        each other and enter into and take advantage of global supply 
        and value chains.</DELETED>
        <DELETED>    (6) According to the United States Trade 
        Representative, ``the United States is the largest single-
        country provider of trade-related assistance'' (also called 
        trade capacity building assistance or ``Aid for 
        Trade'').</DELETED>
        <DELETED>    (7) At the 9th Ministerial of the World Trade 
        Organization in Bali, Indonesia, in December 2013, the 159 
        members of the World Trade Organization (WTO) concluded the 
        Trade Facilitation Agreement (TFA), the first global World 
        Trade Organization trade agreement in 20 years. The Members of 
        the WTO amended the WTO agreement to include the Trade 
        Facilitation Agreement on November 27, 2014, and opened it for 
        acceptance by members.</DELETED>
        <DELETED>    (8) The Trade Facilitation Agreement includes 
        measures and obligations designed to streamline customs 
        procedures, increase customs transparency, and speed the flow 
        of goods across borders.</DELETED>
        <DELETED>    (9) According to the Organization for Economic 
        Cooperation and Development, full implementation of the Trade 
        Facilitation Agreement could reduce trade costs by as much as 
        an estimated 16.5 percent of low income countries, 17 percent 
        for lower-middle income countries, 14.6 percent for upper-
        middle income countries, and 11.8 percent for OECD 
        countries.</DELETED>
        <DELETED>    (10) The Trade Facilitation Agreement contains 
        commitments by all World Trade Organization members to 
        implement commitments on trade facilitation under a timetable. 
        The TFA includes commitments by developed countries to assist 
        developing countries come into compliance with the obligations 
        of the TFA.</DELETED>
        <DELETED>    (11) According to the Government Accountability 
        Office, in 2012, the United States Government spent nearly 
        $1,000,000,000 in trade capacity building efforts in 120 
        countries, which were implemented by 20 United States 
        Government departments and agencies.</DELETED>
        <DELETED>    (12) According to testimony provided by the 
        Administrator of the United States Agency for International 
        Development, there is no single coordinating agency for trade 
        capacity building activities in the United States Government. 
        Each agency has its own processes for ensuring proper and 
        effective programming of its appropriated funds.</DELETED>
        <DELETED>    (13) To enhance the effort to eliminate non-tariff 
        barriers, a clear, whole-of-government strategy with 
        appropriate coordination is needed to leverage limited trade 
        capacity funds to achieve the ambitious goals laid out in the 
        Trade Facilitation Agreement.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations, 
                the Committee on Finance, and the Committee on 
                Appropriations of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs, the 
                Committee on Ways and Means, and the Committee on 
                Appropriations of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Private sector.--The term ``private sector'' 
        means for-profit United States businesses.</DELETED>
        <DELETED>    (3) Trade facilitation.--The term ``trade 
        facilitation'' means United States bilateral, regional, or 
        multilateral assistance, the primary purpose of which is to 
        support the following activities:</DELETED>
                <DELETED>    (A) Implementation by developing countries 
                of the World Trade Organization Trade Facilitation 
                Agreement agreed to at the 9th Ministerial of the World 
                Trade Organization held in Bali in December 2013, 
                including the establishment or maintenance of a 
                national committee on trade facilitation.</DELETED>
                <DELETED>    (B) Assistance to reduce non-tariff 
                barriers to trade at national borders in developing 
                countries, including technical assistance to reform and 
                modernize customs operations and procedures and to 
                expedite the movement, release, and clearance of goods, 
                including goods in transit.</DELETED>
        <DELETED>    (4) Trade capacity building assistance.--The term 
        ``trade capacity building assistance'' means United States 
        bilateral, regional, or multilateral assistance, the primary 
        purpose of which is to support the following 
        activities:</DELETED>
                <DELETED>    (A) Technical assistance to assist 
                developing countries in acceding, implementing, and 
                adhering to international trade agreements, including 
                trade policy development, trade negotiations 
                assistance, administrative management of trade 
                obligations, regulatory reform related to trade 
                agreements, and trade-related education.</DELETED>
                <DELETED>    (B) Technical assistance to improve 
                governance and transparency in developing countries 
                with respect to imports, exports, and international 
                investment, including improvement of the investment 
                climate and investor protections.</DELETED>
                <DELETED>    (C) Technical assistance to establish and 
                implement internationally recognized standards in 
                developing countries.</DELETED>
                <DELETED>    (D) Assistance that will contribute 
                directly and substantially to facilitating trade flows 
                in a recipient country.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States--</DELETED>
        <DELETED>    (1) to identify developing country and regional 
        barriers to international trade and investment, set priorities 
        for the efficient use of limited United States trade-related 
        assistance, and focus on building local self-sustaining 
        institutional capacity for expanding international trade in 
        developing countries; and</DELETED>
        <DELETED>    (2) to further the national interests of the 
        United States by--</DELETED>
                <DELETED>    (A) expanding prosperity through the 
                elimination of foreign barriers to trade and 
                investment;</DELETED>
                <DELETED>    (B) assisting developing country trading 
                partners to identify and reduce barriers to the 
                movement of goods in international commerce and to 
                investment; and</DELETED>
                <DELETED>    (C) assisting developing country trading 
                partners in undertaking reforms that will encourage 
                economic engagement and sustainable 
                development.</DELETED>

<DELETED>SEC. 5. TRADE CAPACITY ASSISTANCE, WHOLE-OF-GOVERNMENT 
              COORDINATION AND CONSULTATION.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall have primary 
responsibility for coordinating a whole-of-government effort to expand 
the United States efforts in trade capacity building. The Secretary may 
delegate responsibilities under this Act to a senior Senate confirmed 
State Department official.</DELETED>
<DELETED>    (b) Responsibilities.--The Secretary shall--</DELETED>
        <DELETED>    (1) chair the interagency coordinating committee 
        established under subsection (c);</DELETED>
        <DELETED>    (2) develop and implement the joint strategic plan 
        required under subsection (c)(4) for all United States trade-
        related and trade capacity building and related technical 
        assistance programs;</DELETED>
        <DELETED>    (3) advise the departments and agencies designated 
        by the President to participate in the interagency coordinating 
        committee under this section in identifying trade capacity 
        needs and in the implementation of the joint strategic plan 
        required under subsection (c)(4);</DELETED>
        <DELETED>    (4) consult with the private sector in the 
        development of governmentwide trade capacity building plans, 
        including establishing a point of contact and lead office 
        within the Department of State to receive private sector 
        recommendations and comments concerning trade capacity 
        assistance, coordination, consultations, and country-specific 
        issues;</DELETED>
        <DELETED>    (5) consult with the Office of Management and 
        Budget regarding the administrative and human resources needs 
        that may be required to implement the provisions of this Act; 
        and</DELETED>
        <DELETED>    (6) report to Congress on trade capacity building 
        programs and make recommendations, as appropriate, to Congress 
        for improvements in trade capacity building efforts.</DELETED>
<DELETED>    (c) Interagency Coordinating Committee.--</DELETED>
        <DELETED>    (1) Establishment.--The President shall establish 
        an interagency coordinating committee to coordinate and carry 
        out the purposes of this Act.</DELETED>
        <DELETED>    (2) Leadership.--The interagency coordinating 
        committee shall be chaired by the Secretary of State and the 
        vice-chairs shall be the United States Trade Representative and 
        the Administrator of the United States Agency for International 
        Development. The Secretary, United States Trade Representative, 
        and the Administrator may delegate responsibilities under this 
        Act to an appropriate senior Senate-confirmed 
        official.</DELETED>
        <DELETED>    (3) Membership.--The President may appoint to the 
        interagency coordinating committee senior officials from the 
        Department of Commerce, the Department of Agriculture, the 
        Department of the Treasury, the Department of Homeland 
        Security, including at least one such senior official from U.S. 
        Customs and Border Protection, and any such other relevant 
        executive branch department or agency as the President 
        determines to be substantially involved in trade capacity 
        building and related assistance efforts in developing 
        countries.</DELETED>
        <DELETED>    (4) Development of joint strategic plan.--The 
        interagency coordinating committee shall develop the joint 
        strategic plan for all United States capacity building and 
        technical assistance programs described under section 
        6.</DELETED>
        <DELETED>    (5) Budget review and recommendation authority.--
        The interagency coordinating committee, under the leadership of 
        the Secretary of State, shall, in coordination with the 
        Director of the Office of Management and Budget--</DELETED>
                <DELETED>    (A) review the expenditures of each of the 
                relevant executive branch departments and agencies with 
                respect to trade capacity building assistance and trade 
                facilitation assistance, in consultation with the head 
                each such department or agency;</DELETED>
                <DELETED>    (B) evaluate the consistency of such 
                expenditures with the policies and plans set forth by 
                the Secretary and the interagency coordinating 
                committee under this Act; and</DELETED>
                <DELETED>    (C) report and make recommendations to the 
                President, through the Director of the Office of 
                Management and Budget, on appropriate budget 
                allocations to each such agency with respect to trade 
                capacity building assistance and trade facilitation 
                assistance.</DELETED>
        <DELETED>    (6) Report to congress on trade capacity 
        definition.--Not later than 180 days after the date of the 
        enactment of this Act, the interagency coordinating committee 
        shall recommend to Congress a common definition of trade 
        capacity building assistance for the purpose of prioritizing, 
        coordinating, and categorizing United States Governmentwide 
        trade capacity building assistance programs and funding. Based 
        upon the trade capacity building definition required by this 
        paragraph, not later than one year after the date of the 
        enactment of this Act, the interagency coordinating committee 
        shall provide Congress recommendations as to prioritizing trade 
        capacity building foreign assistance programs based on their 
        respective measurable effectiveness to facilitate trade in 
        recipient countries.</DELETED>
<DELETED>    (d) Trade Capacity Advisory Committee.--</DELETED>
        <DELETED>    (1) Establishment of tcac.--The Secretary of State 
        shall establish a trade capacity advisory committee with 
        selected representatives of the private sector and other 
        organizations with direct and relevant operational experience 
        in importing from and exporting into developing countries, as 
        appropriate, to provide comment and advice on priorities for 
        trade capacity initiatives. The Secretary may also appoint 
        representatives from select nonprofit organizations to the 
        advisory committee if those representatives can demonstrate 
        both a presence in and relevant operational or programmatic 
        experience with trade capacity building efforts in developing 
        countries.</DELETED>
        <DELETED>    (2) Meetings.--The trade capacity advisory 
        committee shall convene at least twice annually or more often 
        as necessary at the call of the Secretary.</DELETED>
        <DELETED>    (3) Strategic planning advice.--The trade capacity 
        advisory committee shall advise the Secretary of State on the 
        trade capacity building priorities of the private sector, 
        including assisting the Secretary in soliciting private sector 
        advice, including in support of the development of the trade 
        capacity component of country plans, the selection of 
        developing countries for the trade facilitation pilot program 
        described in section 7, implementation of strategic planning, 
        and advancing the overall mission and goals of United States 
        trade capacity assistance.</DELETED>
        <DELETED>    (4) Applicability of the federal advisory 
        committee act to the trade capacity advisory committee.--The 
        provisions of the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to the trade capacity advisory committee, 
        except as follows:</DELETED>
                <DELETED>    (A) Subsections (a) and (b) of section 10 
                of such Act (relating to open meetings and availability 
                of information) shall not apply.</DELETED>
                <DELETED>    (B) Section 11 of such Act (relating to 
                the availability of transcripts of meetings) shall not 
                apply.</DELETED>
                <DELETED>    (C) Section 14(a)(2) of such Act (relating 
                to termination) shall be applied by striking ``two-year 
                period'' and inserting ``four-year period''.</DELETED>

<DELETED>SEC. 6. BIENNIAL JOINT STRATEGIC PLAN FOR TRADE CAPACITY 
              BUILDING.</DELETED>

<DELETED>    (a) Joint Strategic Plan.--The interagency coordinating 
committee created under section 5(a)(3), taking into account the 
embassy mission strategic plan reports and recommendations on trade 
capacity building assistance and trade facilitation assistance, as 
appropriate, shall develop a biennial governmentwide joint strategic 
plan for trade capacity building in developing countries that 
establishes detailed and clear objectives, common metrics, and specific 
goals for the efficient delivery of United States trade-related 
assistance, including--</DELETED>
        <DELETED>    (1) improving the effectiveness and efficiency of 
        capacity building and related technical assistance by improving 
        coordination among--</DELETED>
                <DELETED>    (A) the various United States Government 
                agencies providing assistance, including embassy teams; 
                and</DELETED>
                <DELETED>    (B) international trade capacity building 
                and technical assistance donors, including efforts to 
                promote the best use of resources and avoid 
                duplication, to share best practices, and to pursue 
                regional solutions and common approaches, as 
                appropriate;</DELETED>
        <DELETED>    (2) improving consultation with the private sector 
        to incorporate its operational expertise and experience 
        navigating the full range of trade barriers in recipient 
        foreign countries and with respect to setting priorities and 
        target particular barriers for reform;</DELETED>
        <DELETED>    (3) identifying and addressing structural 
        weaknesses, systemic flaws, or other impediments to the 
        effectiveness of United States capacity building and related 
        technical assistance across the Federal agencies and 
        departments with recommendations for action;</DELETED>
        <DELETED>    (4) setting priorities for trade capacity building 
        to focus resources on developing countries where assistance can 
        deliver the best value in identifying and eliminating barriers 
        to trade and investment in participating foreign 
        countries;</DELETED>
        <DELETED>    (5) developing appropriate performance measures 
        and establishing yearly targets to monitor and assess progress 
        towards such targets, including measures to terminate 
        unsuccessful programs; and</DELETED>
        <DELETED>    (6) providing estimates of the resources necessary 
        to fulfill the priorities identified by the 
        committee.</DELETED>
<DELETED>    (b) Submission of Plan.--Not later than one year after the 
date of the enactment of this Act, and biennially thereafter, the 
interagency coordinating committee shall submit the joint strategic 
plan to the President, the appropriate congressional committees, and 
cleared advisors on the Trade Capacity Advisory Committee.</DELETED>
<DELETED>    (c) Report to Congress.--The Secretary shall submit the 
joint strategic plan required under this section to the appropriate 
congressional committees and to cleared advisors on the trade capacity 
advisory committee with any appropriate recommendations on changes to 
trade capacity assistance priorities or funding.</DELETED>

<DELETED>SEC. 7. TRADE FACILITATION PILOT PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall establish a 
pilot program--</DELETED>
        <DELETED>    (1) to coordinate a whole-of-government effort to 
        expand United States efforts in trade facilitation assistance 
        for developing countries, consistent with the policies set 
        forth in section 4; and</DELETED>
        <DELETED>    (2) to direct the expenditure of funding 
        authorized to be appropriated under this section to trade 
        facilitation assistance programs in countries designated under 
        this section. In determining which recipient countries should 
        receive trade facilitation funding, the Secretary shall take 
        into account the recommendations of the United States Trade 
        Representative with respect to recipient country progress in, 
        and commitment to, implementing the commitments under the World 
        Trade Organization Trade Facilitation Agreement, including the 
        establishment and maintenance of a national committee on trade 
        facilitation and other relevant trade obligations and 
        commitments.</DELETED>
<DELETED>    (b) Mission Trade Facilitation Assistance Planning.--
</DELETED>
        <DELETED>    (1) In general.--United States embassies in trade 
        facilitation pilot countries, as designated by the Secretary of 
        State pursuant to subsection (c), shall, on a biennial basis, 
        develop a specific trade facilitation assistance component for 
        their mission plan and shall provide such component to the 
        chair of the interagency coordinating committee as established 
        under section 5(c).</DELETED>
        <DELETED>    (2) Specific requirements.--The trade facilitation 
        component of mission plans required by this subsection shall 
        include recommendations for priority areas for trade capacity 
        assistance to be provided based on, among other things, an 
        assessment of the relative costs of addressing barriers to 
        trade and the anticipated benefits of assistance to remove such 
        barriers.</DELETED>
<DELETED>    (c) Eligible Countries.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of State is 
        authorized to designate trade facilitation pilot developing 
        countries to participate in the trade facilitation assistance 
        pilot program established under this section.</DELETED>
        <DELETED>    (2) Selection criteria.--In designating countries 
        pursuant to paragraph (1), the Secretary shall prioritize 
        countries recommended by chiefs of mission and determined by 
        the Secretary, taking into account comments from the Trade 
        Capacity Advisory Committee and recommendations from the 
        interagency coordinating committee, to be able to substantially 
        benefit from expanded United States trade capacity assistance 
        and to have demonstrated the political will to effectively and 
        sustainably implement such assistance.</DELETED>
        <DELETED>    (3) Minimum number.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                designate not fewer than five eligible developing 
                countries to participate in the trade facilitation 
                pilot program established under this section within the 
                first year after the date of the enactment of this Act 
                and not fewer than 15 pilot countries within the five-
                year term of the program.</DELETED>
                <DELETED>    (B) Consultation.--The Secretary shall 
                consult with the interagency coordinating committee and 
                the trade capacity advisory committee to inform the 
                designation of trade facilitation pilot developing 
                countries to participate in the priority trade capacity 
                building pilot program established under this 
                section.</DELETED>
<DELETED>    (d) Trade Facilitation Assistance.--</DELETED>
        <DELETED>    (1) Use of funds.--Funds authorized to be 
        appropriated under this section may be used to expand and 
        improve trade facilitation measures related to import, export, 
        or transit formalities and procedures, including increasing the 
        throughput rate of imports and exports and reforming and 
        modernizing customs operations and procedures, as well as 
        implementing commitments made under the World Trade 
        Organization Trade Facilitation Agreement in pilot countries, 
        as determined by the the Secretary of State.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary of State 
        $50,000,000 for each of fiscal years 2016 through 2021 to carry 
        out activities under this section.</DELETED>
        <DELETED>    (3) Availability.--Amounts appropriated pursuant 
        to the authorization of appropriations in paragraph (2) are 
        authorized to remain available until expended.</DELETED>
        <DELETED>    (4) Report.--Not later than halfway through the 
        five-year term of the pilot program established under this 
        section, the Secretary shall submit to the appropriate 
        congressional committees a report to summarize how funding has 
        been prioritized, summarize the trade facilitation projects in 
        each of the designated countries, provide metrics of the 
        progress made to date, and highlight additional trade 
        facilitation assistance programs that will be funded in 
        additional countries through the remainder of the pilot 
        program. The Secretary shall prepare a similar report six 
        months before the expiration of the pilot program and provide 
        Congress with recommendations as to whether the pilot program 
        should be continued and how it could be improved.</DELETED>
        <DELETED>    (5) Termination of pilot program.--The pilot 
        program under subsection (a) shall terminate on the date that 
        is five years after the date of the enactment of this 
        Act.</DELETED>

<DELETED>SEC. 8. MISSION RESPONSIBILITIES FOR TRADE CAPACITY 
              BUILDING.</DELETED>

<DELETED>    Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927) is amended by adding at the end the following new 
section:</DELETED>
<DELETED>    ``(d) Trade Capacity Assistance.--</DELETED>
        <DELETED>    ``(1) Coordination and supervision 
        responsibility.--The chief of mission shall have responsibility 
        for coordinating and supervising the implementation of all 
        United States trade-related and trade capacity assistance among 
        all United States Government departments and agencies present 
        in that country (except for assistance under the control of a 
        United States area military commander).</DELETED>
        <DELETED>    ``(2) Authority over spending.--Consistent with 
        the purposes of the Global Gateways Trade Capacity Act of 2014 
        and except as provided in paragraph (4), no funds appropriated 
        or otherwise made available to any department or agency of the 
        United States Government for trade capacity building 
        assistance, as defined by section 3 of such Act, may be spent 
        outside the United States without authorization from the 
        relevant chief of mission (except for assistance under the 
        control of a United States area military commander).</DELETED>
        <DELETED>    ``(3) Delegation.--The chief of mission may 
        delegate express authorization under this subsection to senior 
        mission staff, as appropriate and necessary, to achieve the 
        purposes of the Global Gateways Trade Capacity Act of 
        2015.</DELETED>
        <DELETED>    ``(4) De minimis exception.--The chief of mission 
        is authorized to set a de minimis level, not to exceed $25,000, 
        for expenditures not requiring the approval of the chief of 
        mission.</DELETED>
        <DELETED>    ``(5) Trade capacity mission team.--The chief of 
        mission shall form a trade capacity mission team made up of 
        appropriate embassy staff with responsibility for developing--
        </DELETED>
                <DELETED>    ``(A) a country trade capacity building 
                assistance survey of local country barriers to trade 
                and investment; and</DELETED>
                <DELETED>    ``(B) recommendations for prioritizing and 
                coordinating effective use of trade capacity assistance 
                within that country.''.</DELETED>

<DELETED>SEC. 9. PRIVATE SECTOR CONSULTATION AND 
              COORDINATION.</DELETED>

<DELETED>    (a) Consultation With Private Sector by Embassy.--In 
developing the trade capacity embassy mission plans on trade capacity, 
the trade capacity mission team shall convene local representatives of 
the United States private sector to consult on issues affecting trade 
capacity at the borders of participating countries and take into 
account the private sector's operational expertise and experience 
confronting the trade barriers in each country as well as its 
recommendations for reform and best practices.</DELETED>
<DELETED>    (b) Inclusion of Private Sector Comments in Mission 
Plans.--Written comments from local United States private sector 
representatives shall be included in the trade capacity component of 
mission plans submitted by the chief of mission to the Secretary of 
State, with recommendations and comments from the capacity mission team 
for the purpose of informing the development of the joint strategic 
plan on trade capacity priorities and recommended funding.</DELETED>
<DELETED>    (c) Designated Embassy Point of Contact for Private Sector 
Consultation.--The chief of mission shall designate an appropriate 
point of contact within the embassy who shall receive recommendations 
from appropriate private sector representatives regarding the 
implementation of the strategic plan required under section 6 and 
ongoing trade barriers negatively impacting priority trade capacity 
assistance programs. The chief of mission shall ensure that the 
designated point of contact shall be made reasonably available for 
consultations with and to receive complaints from appropriate private 
sector representatives and to receive recommendations with respect to 
country-specific issues that may arise that will foreseeably disrupt 
trade.</DELETED>
<DELETED>    (d) Public Hearings With Interested Parties.--For the 
purposes of developing the joint strategic plan, the Secretary of State 
shall hold public meetings from time to time for the purpose of 
obtaining input from interested parties.</DELETED>
<DELETED>    (e) Requirement To Protect Business Confidential 
Information.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of State shall 
        protect from disclosure any proprietary information submitted 
        by the private sector representative and marked as business 
        confidential information unless the party submitting the 
        confidential business information had notice, at the time of 
        submission, that such information would be released by the 
        Secretary, or such party subsequently consents to the release 
        of the information. To the extent business confidential 
        information is provided, a nonconfidential version of the 
        information shall also be provided, in which the business 
        confidential information is summarized or, if necessary, 
        deleted.</DELETED>
        <DELETED>    (2) Treatment as trade secrets.--Proprietary 
        information submitted by a private party in accordance with 
        this Act shall be considered to be a matter falling within the 
        meaning of trade secrets and commercial or financial 
        information exemption under section 552(b)(4) of title 5, 
        United States Code, and shall be exempt from disclosure without 
        the express approval of the private party.</DELETED>

<DELETED>SEC. 10. LIMITATIONS AND CONFORMING MEASURES.</DELETED>

<DELETED>    (a) Rule of Construction.--The President shall implement 
this Act in a manner consistent with the duties and responsibilities of 
the Office of the United States Trade Representative as the agency with 
primary responsibility for developing, and for coordinating the 
implementation of, United States international trade policy under 
section 141 of the Trade Act of 1974 (19 U.S.C. 2171).</DELETED>
<DELETED>    (b) Exception, Qualification.--Section 660(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2420(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (7), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(8) with respect to trade facilitation 
        assistance, including training and technical assistance, 
        provided under section 7 of the Global Gateways Trade Capacity 
        Act of 2015 to customs and transportation authorities and 
        personnel in recipient countries to implement priority trade 
        capacity building assistance as defined by the Global Gateways 
        Trade Capacity Act of 2015.''.</DELETED>

<DELETED>SEC. 11. PROGRESS REPORT.</DELETED>

<DELETED>    Not later than 2 years and 4 years after the date of the 
enactment of this Act, the President shall submit to the appropriate 
committees and cleared advisors of the trade capacity advisory 
committee a report on progress made in implementing the provisions of 
this Act that includes the following:</DELETED>
        <DELETED>    (1) A description of implementation of the 
        strategic plans required under section 6.</DELETED>
        <DELETED>    (2) A description of progress by recipient 
        countries receiving priority trade building assistance in 
        implementing the World Trade Organization Trade Facilitation 
        Agreement.</DELETED>
        <DELETED>    (3) A description of progress made in working with 
        foreign countries to coordinate trade capacity building donor 
        activities to ensure the effectiveness and reduce duplication 
        of capacity building and technical assistance.</DELETED>
        <DELETED>    (4) Recommendations for statutory, regulatory, and 
        funding changes to improve the effectiveness of the whole-of-
        government approach to prioritizing and delivering trade 
        capacity building assistance.</DELETED>
        <DELETED>    (5) An analysis of efforts made to improve 
        coordination among the relevant departments and agencies with 
        respect to sharing information and to improve performance 
        metrics on planning and delivering trade capacity and trade 
        facilitation assistance.</DELETED>
        <DELETED>    (6) A description of efforts to improve 
        consultation, coordination, and information sharing between the 
        relevant departments and agencies and the private sector on 
        improving performance metrics, coordination, and effectiveness 
        of trade capacity and trade facilitation assistance.</DELETED>
        <DELETED>    (7) An assessment of the successes and 
        shortcomings of the efforts of the Federal Government to focus 
        resources and programming with respect to trade capacity and 
        facilitation assistance.</DELETED>
        <DELETED>    (8) Recommendations, if any and as appropriate, 
        for any changes in statutes, regulations, or funding levels 
        that the interagency advisory committee considers would 
        significantly improve the performance metrics, coordination, 
        effectiveness, or efficiency of the efforts of the Federal 
        Government to deliver trade capacity building and trade 
        facilitation assistance, including through the elimination or 
        consolidation of duplicative programs or initiatives.</DELETED>
        <DELETED>    (9) A description of the progress made in 
        strengthening the rule of law, including the capacity of 
        recipient countries to implement, comply with, and enforce 
        trade agreements.</DELETED>
        <DELETED>    (10) A description of the successes and challenges 
        in sharing with donor and recipient countries information and 
        best practices relating to trade capacity building and trade 
        facilitation assistance.</DELETED>
        <DELETED>    (11) A description of the progress made in 
        minimizing duplicative efforts, materials, facilities, and 
        procedures of the Federal agencies and departments responsible 
        for the delivery of trade capacity building and trade 
        facilitation assistance.</DELETED>
        <DELETED>    (12) Recommendations, if any and as appropriate, 
        on how to enhance the efficiency and consistency with which 
        Federal funds and resources are expended to deliver trade 
        capacity building and trade facilitation assistance, including 
        the extent to which agencies and departments have utilized 
        existing personnel, materials, technologies, and 
        facilities.</DELETED>
        <DELETED>    (13) An explanation of methods developed to 
        measure performance, results, coordination, duplication, and 
        sustainability of trade capacity and trade facilitation 
        assistance programs across agencies and how best practices are 
        shared across agencies.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Gateways Trade Capacity Act 
of 2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Productive international trading relationships are 
        vital to the economic growth and national security of the 
        United States.
            (2) Stable trading relationships promote security and 
        prosperity, and leadership by the United States in 
        international trade fosters the expansion of open markets and 
        democracy and can help level the playing field for United 
        States businesses, workers, and consumers in the global 
        marketplace.
            (3) United States aid to developing countries for trade 
        capacity building can have other positive side effects such as 
        promoting best practices, promoting good governance, combating 
        corruption, promoting human rights, and reforming legal 
        regimes.
            (4) Private sector-led trade and investment are fundamental 
        components of sustainable economic development and growth. 
        United States trade capacity assistance should facilitate the 
        reduction or elimination of non-tariff trade barriers that 
        inhibit the ability of developing countries to implement trade 
        agreements and participate in the global economy.
            (5) Reducing trade transaction costs through trade capacity 
        improvements and trade facilitation reforms will assist United 
        States exporters and small and medium size enterprises reach 
        new customers in the developing world. Reducing these costs 
        through trade facilitation reforms will assist developing 
        country businesses to trade and invest with each other and 
        enter into and take advantage of global supply and value 
        chains.
            (6) According to the United States Trade Representative, 
        ``the United States is one of the largest single-country 
        providers of trade-related assistance'' (also called trade 
        capacity building assistance or ``Aid for Trade'').
            (7) At the 9th Ministerial of the World Trade Organization 
        in Bali, Indonesia, in December 2013, the 159 members of the 
        World Trade Organization (WTO) concluded the Trade Facilitation 
        Agreement (TFA), the first global World Trade Organization 
        trade agreement in 20 years. The Members of the WTO amended the 
        WTO agreement to include the Trade Facilitation Agreement on 
        November 27, 2014, and opened it for acceptance by members.
            (8) The Trade Facilitation Agreement includes measures and 
        obligations designed to streamline customs procedures, increase 
        customs transparency, and speed the flow of goods across 
        borders.
            (9) According to the Organization for Economic Cooperation 
        and Development (OECD), full implementation of the Trade 
        Facilitation Agreement could reduce trade costs by as much as 
        an estimated 16.5 percent of low income countries, 17 percent 
        for lower-middle income countries, 14.6 percent for upper-
        middle income countries, and 11.8 percent for OECD countries.
            (10) The OECD has noted that trade barriers created by 
        ineffective policies and burdensome rules and procedures can 
        constitute an important incentive to engage in corrupt 
        behavior, and therefore all relevant stakeholders have an 
        interest in elaborating and promoting mutually supportive trade 
        integrity and facilitation policies that would remove 
        ineffective trade barriers while maintaining effective checks 
        and balances on fraud and corruption.
            (11) The Trade Facilitation Agreement contains commitments 
        by all World Trade Organization members to implement 
        commitments on trade facilitation under a timetable. The TFA 
        includes commitments by developed countries to assist 
        developing countries come into compliance with the obligations 
        of the TFA.
            (12) According to the Government Accountability Office, in 
        2012, the United States Government spent nearly $1,000,000,000 
        in trade capacity building efforts in 120 countries, which were 
        implemented by 20 United States Government departments and 
        agencies.
            (13) According to testimony provided by the Administrator 
        of the United States Agency for International Development, 
        there is no single coordinating agency for trade capacity 
        building activities in the United States Government. Each 
        agency has its own processes for ensuring proper and effective 
        programming of its appropriated funds.
            (14) To enhance the effort to eliminate non-tariff 
        barriers, a clear, whole-of-government strategy with 
        appropriate coordination is needed to leverage limited trade 
        capacity funds to achieve the ambitious goals laid out in the 
        Trade Facilitation Agreement and to realize the potential 
        benefits of productive international trading relationships for 
        United States businesses, workers, consumers, and foreign 
        trading partners.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Finance, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Ways and Means, and the Committee on Appropriations 
                of the House of Representatives.
            (2) Private sector.--The term ``private sector'' means for-
        profit United States businesses.
            (3) Trade facilitation assistance.--The term ``trade 
        facilitation assistance'' means United States bilateral, 
        regional, or multilateral assistance, the primary purpose of 
        which is to support the following activities:
                    (A) Implementation by developing countries of the 
                World Trade Organization Trade Facilitation Agreement 
                agreed to at the 9th Ministerial of the World Trade 
                Organization held in Bali in December 2013, including 
                the establishment or maintenance of a national 
                committee on trade facilitation.
                    (B) Assistance to reduce non-tariff barriers to 
                trade at national borders in developing countries, 
                including technical assistance to reform and modernize 
                customs operations and procedures and to expedite the 
                movement, release, and clearance of goods, including 
                goods in transit.
            (4) Trade capacity building assistance.--The term ``trade 
        capacity building assistance'' means United States bilateral, 
        regional, or multilateral assistance, the primary purpose of 
        which is to support the following activities:
                    (A) Technical assistance to assist developing 
                countries in acceding, implementing, and adhering to 
                international trade agreements, including trade policy 
                development, trade negotiations assistance, 
                administrative management of trade obligations, 
                regulatory reform related to trade agreements, and 
                trade-related education.
                    (B) Technical assistance to improve governance and 
                transparency in developing countries with respect to 
                imports, exports, and international investment, 
                including improvement of the investment climate and 
                investor protections.
                    (C) Technical assistance to enable developing 
                country micro-, small-, and medium-size enterprises to 
                trade more efficiently.
                    (D) Technical assistance to establish and implement 
                of internationally-recognized standards in developing 
                countries.
                    (E) Assistance that will contribute directly and 
                substantially to facilitating trade flows in a 
                recipient country

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to identify developing country and regional barriers to 
        international trade and investment, set priorities for the 
        efficient use of limited United States trade-related 
        assistance, and focus on building self-sustaining institutional 
        capacity for expanding international trade in developing 
        countries, consistent with international obligations and 
        commitments; and
            (2) further the national interests of the United States 
        by--
                    (A) expanding prosperity through the elimination of 
                foreign barriers to trade and investment;
                    (B) assisting developing country trading partners 
                to identify and reduce barriers to the movement of 
                goods in international commerce and to investment;
                    (C) assisting developing country trading partners 
                in undertaking reforms that will encourage economic 
                engagement and sustainable development; and
                    (D) assisting private sector participants in 
                developing countries engage in reform efforts and 
                integrate into global supply chains.

SEC. 5. TRADE CAPACITY ASSISTANCE, WHOLE-OF-GOVERNMENT COORDINATION AND 
              CONSULTATION.

    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development 
and the United States Trade Representative, shall have primary 
responsibility for coordinating a whole-of-government effort to expand 
United States efforts in trade capacity building, provided such efforts 
support existing trade and economic development policies. The Secretary 
may delegate responsibilities under this Act to a senior Senate 
confirmed State Department official.
    (b) Responsibilities.--The Secretary shall--
            (1) chair the interagency coordinating committee 
        established under subsection (c);
            (2) develop and implement the joint strategic plan required 
        under subsection (c)(4) for all United States trade-related and 
        trade capacity building and related technical assistance 
        programs, in consultation with the coordinating committee 
        established under subsection (c);
            (3) advise the departments and agencies designated by the 
        President to participate in the interagency coordinating 
        committee under this section in identifying trade capacity 
        needs and in the implementation of the joint strategic plan 
        required under subsection (c)(4)
            (4) consult with the private sector in the development of 
        government-wide trade capacity building plans, including 
        establishing a point of contact and lead office within the 
        Department of State to receive private sector recommendations 
        and comments concerning trade capacity assistance, 
        coordination, consultations, and country-specific issues;
            (5) consult with the Office of Management and Budget 
        regarding the administrative and human resources needs that may 
        be required to implement the provisions of this Act; and
            (6) report to Congress on trade capacity building programs 
        and make recommendations, as appropriate, to Congress for 
        improvements in trade capacity building efforts.
    (c) Interagency Coordinating Committee.--
            (1) Establishment.--The President shall establish an 
        interagency coordinating committee to coordinate and carry out 
        the purposes of this Act.
            (2) Leadership.--The interagency coordinating committee 
        shall be chaired by the Secretary of State and the vice-chairs 
        shall be the United States Trade Representative and the 
        Administrator of the United States Agency for International 
        Development. The Secretary, United States Trade Representative, 
        and the Administrator may delegate responsibilities under this 
        Act to an appropriate senior Senate-confirmed official.
            (3) Membership.--The President may appoint to the 
        interagency coordinating committee senior officials from the 
        Department of Commerce, the Department of Agriculture, the 
        Department of the Treasury, the Department of Homeland 
        Security, including at least one such senior official from U.S. 
        Customs and Border Protection, and any such other relevant 
        executive branch department or agency as the President 
        determines to be substantially involved in trade capacity 
        building and related assistance efforts in developing 
        countries.
            (4) Development of joint strategic plan.--The interagency 
        coordinating committee shall develop the joint strategic plan 
        for all United States capacity building and technical 
        assistance programs described under section 6.
            (5) Budget review and recommendation authority.--The 
        interagency coordinating committee, under the leadership of 
        Chair and Vice-Chairs of the Interagency Coordinating 
        Committee, should, in coordination with the Director of the 
        Office of Management and Budget--
                    (A) review the expenditures of each of the relevant 
                executive branch departments and agencies with respect 
                to trade capacity building assistance and trade 
                facilitation assistance, in consultation with the head 
                each such department or agency;
                    (B) evaluate the consistency of such expenditures 
                with the policies and plans set forth by the 
                interagency coordinating committee under this Act; and
                    (C) report and make recommendations to the 
                President, through the Director of the Office of 
                Management and Budget, on appropriate budget 
                allocations to each such agency with respect to trade 
                capacity building assistance and trade facilitation 
                assistance.
    (d) Trade Capacity Advisory Committee.--
            (1) Establishment of tcac.--The Chair and Vice-Chairs of 
        the Interagency Coordinating Committee shall establish a trade 
        capacity advisory committee with selected representatives of 
        the United States private sector and other organizations with 
        direct and relevant operational experience in importing from 
        and exporting into developing countries, as appropriate, to 
        provide comment and advice on priorities for trade capacity 
        initiatives. The Chair and Vice-Chairs may also appoint 
        representatives from select non-profit organizations to the 
        advisory committee if those representatives can demonstrate 
        both a presence in and relevant operational or programmatic 
        experience with trade capacity building efforts in developing 
        countries.
            (2) Meetings.--The trade capacity advisory committee shall 
        convene at least twice annually or more often as necessary at 
        the call of the Chair and Vice-Chairs of the Interagency 
        Coordinating Committee.
            (3) Strategic planning advice.--The trade capacity advisory 
        committee shall advise the Chair and Vice-Chairs of the 
        Interagency Coordinating Committee on the trade capacity 
        building priorities of the private sector, including assisting 
        the Chair and Vice-Chairs in soliciting private sector advice, 
        including in support of the development of the trade capacity 
        component of country plans, the selection of developing 
        countries for the trade facilitation pilot program described in 
        section 7, implementation of strategic planning, and advancing 
        the overall mission and goals of United States trade capacity 
        assistance.
            (4) Applicability of the federal advisory committee act to 
        the trade capacity advisory committee.--The provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the trade capacity advisory committee, except as follows:
                    (A) Subsections (a) and (b) of section 10 of such 
                Act (relating to open meetings and availability of 
                information) shall not apply.
                    (B) Section 11 of such Act (relating to the 
                availability of transcripts of meetings) shall not 
                apply.
                    (C) Section 14(a)(2) of such Act (relating to 
                termination) shall be applied by striking ``two-year 
                period'' and inserting ``four-year period''.

SEC. 6. BIENNIAL JOINT STRATEGIC PLAN FOR TRADE CAPACITY BUILDING.

    (a) Joint Strategic Plan.--The interagency coordinating committee 
created under section 5(a)(3), taking into account the embassy mission 
strategic plan reports and recommendations on trade capacity building 
assistance and trade facilitation assistance, as appropriate, shall 
develop a biennial government-wide joint strategic plan for trade 
capacity building in developing countries that establishes detailed and 
clear objectives, common metrics, and specific goals for the efficient 
delivery of United States trade-related assistance, including--
            (1) improving the effectiveness and efficiency of capacity 
        building and related technical assistance by improving 
        coordination among--
                    (A) the various United States Government agencies 
                overseeing trade policy and providing assistance, 
                including embassy teams; and
                    (B) international trade capacity building and 
                technical assistance donors, including efforts to 
                promote the best use of resources and avoid 
                duplication, to share best practices, and to pursue 
                regional solutions and common approaches, as 
                appropriate;
            (2) improving consultation with the private sector to 
        incorporate its operational expertise and experience navigating 
        the full range of trade barriers in recipient foreign countries 
        and with respect to setting priorities and target particular 
        barriers for reform;
            (3) identifying and addressing structural weaknesses, 
        systemic flaws, or other impediments to the effectiveness of 
        United States capacity building and related technical 
        assistance across the Federal agencies and departments with 
        recommendations for action;
            (4) setting priorities for trade capacity building to focus 
        resources on developing countries where assistance can deliver 
        the best value in identifying and eliminating barriers to trade 
        and investment in participating foreign countries, including by 
        fostering adherence to international trade obligations;
            (5) developing appropriate performance measures and 
        establishing yearly targets to monitor and assess progress 
        towards such targets, including measures to terminate 
        unsuccessful programs; and
            (6) providing estimates of the resources necessary to 
        fulfill the priorities identified by the committee.
    (b) Submission of Plan and Report to Congress.--Not later than one 
year after the date of the enactment of this Act, and biennially 
thereafter, the Secretary shall submit the joint strategic plan 
required under this section to the President, the appropriate 
congressional committees, and cleared advisors on the Trade Capacity 
Advisory Committee with any appropriate recommendations on changes to 
trade capacity assistance and trade facilitation assistance priorities 
on funding.
    (c) Consistency With Other Trade Obligations.--The Interagency 
Coordinating Committee shall ensure that the joint strategic plan is 
consistent with the international trade obligations of the United 
States.

SEC. 7. TRADE FACILITATION PILOT PROGRAM.

    (a) In General.--The Secretary of State shall establish a pilot 
program--
            (1) to coordinate a whole-of-government effort to expand 
        United States efforts in trade facilitation assistance for 
        developing countries, consistent with the policies set forth in 
        section 4; and
            (2) to direct the expenditure of funding authorized to be 
        appropriated under this section to trade facilitation 
        assistance programs in countries designated under this section. 
        In determining which recipient countries should receive trade 
        facilitation funding, the Secretary, in concurrence with the 
        United States Trade Representative and the Administrator of the 
        United States Agency for International Development, shall take 
        into account--
                    (A) recipient country progress in, and commitment 
                to, implementing the commitments under the World Trade 
                Organization Trade Facilitation Agreement, including 
                the establishment and maintenance of a national 
                committee on trade facilitation and other relevant 
                trade obligations and commitments; and
                    (B) the capacity and willingness of the recipient 
                country to implement reforms and to engage the private 
                sector in the reform process.
    (b) Mission Trade Facilitation Assistance Planning.--
            (1) In general.--United States embassies in trade 
        facilitation pilot countries, as designated by the Secretary of 
        State, in concurrence with the United States Trade 
        Representative and the Administrator of the United States 
        Agency for International Development, pursuant to subsection 
        (c), shall, on a biennial basis, develop a specific trade 
        facilitation assistance component for their mission plan and 
        shall provide such component to the chair of the interagency 
        coordinating committee as established under section 5(c).
            (2) Specific requirements.--The trade facilitation 
        component of mission plans required by this subsection shall 
        include recommendations for priority areas for trade capacity 
        assistance to be provided based on, among other things, an 
        assessment of the relative costs of addressing barriers to 
        trade and the anticipated benefits of assistance to remove such 
        barriers.
    (c) Eligible Countries.--
            (1) In general.--The Secretary of State, in concurrence 
        with the United States Trade Representative and the 
        Administrator of the United States Agency for International 
        Development, is authorized to designate trade facilitation 
        pilot developing countries to participate in the trade 
        facilitation assistance pilot program established under this 
        section.
            (2) Selection criteria.--In designating countries pursuant 
        to paragraph (1), the Secretary, in concurrence with the United 
        States Trade Representative and the Administrator of the United 
        States Agency for International Development, shall prioritize 
        countries recommended by chiefs of mission, taking into account 
        comments from the Trade Capacity Advisory Committee and 
        recommendations from the interagency coordinating committee, to 
        be able to substantially benefit from expanded United States 
        trade capacity assistance and to have demonstrated the 
        political will to effectively and sustainably implement such 
        assistance.
            (3) Minimum number.--
                    (A) In general.--The Secretary, in concurrence with 
                the United States Trade Representative and the 
                Administrator of the United States Agency for 
                International Development, shall designate not fewer 
                than five eligible developing countries to participate 
                in the trade facilitation pilot program established 
                under this section within the first year after the date 
                of the enactment of this Act and not fewer than 15 
                pilot countries within the five-year term of the 
                program.
                    (B) Consultation.--The Secretary, with the United 
                States Trade Representative and the Administrator of 
                the United States Agency for International Development, 
                shall consult with the interagency coordinating 
                committee and the trade capacity advisory committee to 
                inform the designation of trade facilitation pilot 
                developing countries to participate in the priority 
                trade capacity building pilot program established under 
                this section.
    (d) Trade Facilitation Assistance.--
            (1) Use of funds.--Funds authorized to be appropriated 
        under this section may be used to expand and improve trade 
        facilitation measures related to import, export, or transit 
        formalities and procedures, including increasing the throughput 
        rate of imports and exports and reforming and modernizing 
        customs operations and procedures, as well as implementing 
        commitments made under the World Trade Organization Trade 
        Facilitation Agreement in pilot countries, as determined by the 
        Secretary of State, in concurrence with the United States Trade 
        Representative and the Administrator of the United States 
        Agency for International Development. In determining the use of 
        funds authorized by this section, the Secretary, the United 
        States Trade Representative, and the Administrator should take 
        into account the views of interested private sector 
        stakeholders and the recipient government.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of State $50,000,000 for 
        each of fiscal years 2016 through 2021 to carry out activities 
        under this section.
            (3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (2) are authorized 
        to remain available until expended.
            (4) Report.--Not later than half-way through the five-year 
        term of the pilot program established under this section, the 
        Secretary, in consultation with the United States Trade 
        Representative and the Administrator of the United States 
        Agency for International Development, shall submit to the 
        appropriate congressional committees a report to summarize how 
        funding has been prioritized, summarize the trade facilitation 
        projects in each of the designated countries, provide metrics 
        of the progress made to date, and highlight additional trade 
        facilitation assistance programs that will be funded in 
        additional countries through the remainder of the pilot 
        program. The Secretary, in consultation with the United States 
        Trade Representative and the Administrator of the United States 
        Agency for International Development, shall prepare a similar 
        report six months before the expiration of the pilot program 
        and provide Congress with recommendations as to whether the 
        pilot program should be continued and how it could be improved.
            (5) Termination of pilot program.--The pilot program under 
        subsection (a) shall terminate on the date that is five years 
        after the date of the enactment of this Act.

SEC. 8. MISSION RESPONSIBILITIES FOR TRADE CAPACITY BUILDING.

    Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is 
amended by adding at the end the following new section:
    ``(d) Trade Capacity Assistance.--
            ``(1) Coordination and supervision responsibility.--The 
        chief of mission shall have responsibility for coordinating and 
        supervising the implementation of all United States trade-
        related and trade capacity assistance among all United States 
        Government departments and agencies present in that country 
        (except for assistance under the control of a United States 
        area military commander).
            ``(2) Authority over spending.--Consistent with the 
        purposes of the Global Gateways Trade Capacity Act of 2014 and 
        except as provided in paragraph (4), no funds appropriated or 
        otherwise made available to any department or agency of the 
        United States Government for trade capacity building 
        assistance, as defined by section 3 of such Act, may be spent 
        outside the United States without authorization from the 
        relevant chief of mission (except for assistance under the 
        control of a United States area military commander).
            ``(3) Delegation.--The chief of mission may delegate 
        express authorization under this subsection to senior mission 
        staff, as appropriate and necessary, to achieve the purposes of 
        the Global Gateways Trade Capacity Act of 2016.
            ``(4) De minimus exception.--The chief of mission is 
        authorized to set a de minimus level, not to exceed $25,000, 
        for expenditures not requiring the approval of the chief of 
        mission.
            ``(5) Trade capacity mission team.--The chief of mission 
        shall form a trade capacity mission team made up of appropriate 
        embassy staff with responsibility for developing--
                    ``(A) a country trade capacity building assistance 
                survey of local country barriers to trade and 
                investment; and
                    ``(B) recommendations for prioritizing and 
                coordinating effective use of trade capacity assistance 
                within that country.''.

SEC. 9. PRIVATE SECTOR CONSULTATION AND COORDINATION.

    (a) Consultation With Private Sector by Embassy.--In developing the 
trade capacity embassy mission plans on trade capacity, the trade 
capacity mission team shall convene local representatives of the United 
States private sector and the private sector of the recipient country 
to consult on issues affecting trade capacity at the borders of 
participating countries and take into account the private sector's 
operational expertise and experience confronting the trade barriers in 
each country as well as its recommendations for reform and best 
practices.
    (b) Inclusion of Private Sector Comments in Mission Plans.--Written 
comments from local United States private sector representatives shall 
be included in the trade capacity component of mission plans submitted 
by the chief of mission to the Secretary of State, with recommendations 
and comments from the capacity mission team for the purpose of 
informing the development of the joint strategic plan on trade capacity 
priorities and recommended funding.
    (c) Designated Embassy Point of Contact for Private Sector 
Consultation.--The chief of mission shall designate an appropriate 
point of contact within the embassy who shall receive recommendations 
from appropriate private sector representatives regarding the 
implementation of the strategic plan required under section 6 and 
ongoing trade barriers negatively impacting priority trade capacity 
assistance programs. The chief of mission shall ensure that the 
designated point of contact shall be made reasonably available for 
consultations with and to receive complaints from appropriate private 
sector representatives and to receive recommendations with respect to 
country-specific issues that may arise that will foreseeably disrupt 
trade.
    (d) Public Hearings With Interested Parties.--For the purposes of 
developing the joint strategic plan, the Secretary of State shall hold 
public meetings from time to time for the purpose of obtaining input 
from interested parties.
    (e) Requirement to Protect Business Confidential Information.--
            (1) In general.--The Secretary of State, the United States 
        Trade Representative, the Administrator of the United States 
        Agency for International Development, and the heads of all 
        other agencies involved in the Interagency Coordinating 
        Committee established under section 5(c) shall protect from 
        disclosure any proprietary information submitted by the private 
        sector representative and marked as business confidential 
        information unless the party submitting the confidential 
        business information had notice, at the time of submission, 
        that such information would be released by the Secretary, or 
        such party subsequently consents to the release of the 
        information. To the extent business confidential information is 
        provided, a non-confidential version of the information shall 
        also be provided, in which the business confidential 
        information is summarized or, if necessary, deleted.
            (2) Treatment as trade secrets.--Proprietary information 
        submitted by a private party in accordance with this Act shall 
        be considered to be a matter falling within the meaning of 
        trade secrets and commercial or financial information exemption 
        under section 552(b)(4) of title 5, United States Code, and 
        shall be exempt from disclosure without the express approval of 
        the private party.

SEC. 10. LIMITATIONS AND CONFORMING MEASURES.

    (a) Rule of Construction.--The President shall implement this Act 
in a manner consistent with the duties and responsibilities of the 
Office of the United States Trade Representative as the agency with 
primary responsibility for developing, and for coordinating the 
implementation of, United States international trade policy under 
section 141 of the Trade Act of 1974 (19 U.S.C. 2171).
    (b) Exception, Qualification.--Section 660(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420(b)) is amended--
            (1) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (2) by adding at the end the following new paragraph:
            ``(8) with respect to trade facilitation assistance, 
        including training and technical assistance, provided under 
        section 7 of the Global Gateways Trade Capacity Act of 2015 to 
        customs and transportation authorities and personnel in 
        recipient countries to implement priority trade capacity 
        building assistance as defined by the Global Gateways Trade 
        Capacity Act of 2015.''.

SEC. 11. PROGRESS REPORT.

    Not later than 2 years and 4 years after the date of the enactment 
of this Act, the President shall submit to the appropriate committees 
and cleared advisors of the trade capacity advisory committee a report 
on progress made in implementing the provisions of this Act that 
includes the following:
            (1) A description of implementation of the strategic plans 
        required under section 6.
            (2) A description of progress by recipient countries 
        receiving priority trade building assistance in implementing 
        the World Trade Organization Trade Facilitation Agreement.
            (3) A description of progress made in working with foreign 
        countries to coordinate trade capacity building donor 
        activities to ensure the effectiveness and reduce duplication 
        of capacity building and technical assistance.
            (4) Recommendations for statutory, regulatory, and funding 
        changes to improve the effectiveness of the whole-of-government 
        approach to prioritizing and delivering trade capacity building 
        assistance.
            (5) An analysis of efforts made to improve coordination 
        among the relevant departments and agencies with respect to 
        sharing information and to improve performance metrics on 
        planning and delivering trade capacity and trade facilitation 
        assistance.
            (6) A description of efforts to improve consultation, 
        coordination, and information sharing between the relevant 
        departments and agencies and the private sector on improving 
        performance metrics, coordination, and effectiveness of trade 
        capacity and trade facilitation assistance.
            (7) An assessment of the successes and shortcomings of the 
        efforts of the Federal Government to focus resources and 
        programming with respect to trade capacity and facilitation 
        assistance.
            (8) Recommendations, if any and as appropriate, for any 
        changes in statutes, regulations, or funding levels that the 
        interagency advisory committee considers would significantly 
        improve the performance metrics, coordination, effectiveness, 
        or efficiency of the efforts of the Federal Government to 
        deliver trade capacity building and trade facilitation 
        assistance, including through the elimination or consolidation 
        of duplicative programs or initiatives.
            (9) A description of the progress made in strengthening the 
        rule of law, including the capacity of recipient countries to 
        implement, comply with, and enforce trade agreements.
            (10) A description of the successes and challenges in 
        sharing with donor and recipient countries information and best 
        practices relating to trade capacity building and trade 
        facilitation assistance.
            (11) A description of the progress made in minimizing 
        duplicative efforts, materials, facilities, and procedures of 
        the Federal agencies and departments responsible for the 
        delivery of trade capacity building and trade facilitation 
        assistance.
            (12) Recommendations, if any and as appropriate, on how to 
        enhance the efficiency and consistency with which Federal funds 
        and resources are expended to deliver trade capacity building 
        and trade facilitation assistance, including the extent to 
        which agencies and departments have utilized existing 
        personnel, materials, technologies, and facilities.
            (13) An explanation of methods developed to measure 
        performance, results, coordination, duplication, and 
        sustainability of trade capacity and trade facilitation 
        assistance programs across agencies and how best practices are 
        shared across agencies.
                                                       Calendar No. 694

114th CONGRESS

  2d Session

                                S. 2201

_______________________________________________________________________

                                 A BILL

        To promote international trade, and for other purposes.

_______________________________________________________________________

                            December 1, 2016

                       Reported with an amendment