Sec. 5. Trade capacity assistance, whole-of-government coordination and consultation
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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. The Secretary shall— chair the interagency coordinating committee established under subsection (c); 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; 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); 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; 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 report to Congress on trade capacity building programs and make recommendations, as appropriate, to Congress for improvements in trade capacity building efforts.
The President shall establish an interagency coordinating committee to coordinate and carry out the purposes of this Act. 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.
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.
The interagency coordinating committee shall develop the joint strategic plan for all United States capacity building and technical assistance programs described under section 6. 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— 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; 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 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.
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.
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.
The trade capacity advisory committee shall convene at least twice annually or more often as necessary at the call of the Secretary. 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.
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the trade capacity advisory committee, except as follows: Subsections
(a)and
(b)of section 10 of such Act (relating to open meetings and availability of information) shall not apply. Section 11 of such Act (relating to the availability of transcripts of meetings) shall not apply. Section 14(a)(2) of such Act (relating to termination) shall be applied by striking two-year period and inserting four-year period .