Hemispheric Opportunity through Partnership Enhancement for Haitian Prosperity Act of 2023 or the HOPE for Haitian Prosperity Act of 2023
This bill extends trade preferences for certain U.S. imports of textile and apparel products from Haiti.
Specifically, the bill extends through FY2035 the special duty-free rules for Haiti. It also extends through December 19, 2035, the duty-free treatment provided for certain apparel products assembled in and imported from Haiti.
Furthermore, the bill also expands the definition of core labor standards to include a safe and healthy work environment. (Generally, in order to qualify for preferential treatment, the goods must come from a producer that complies with specified core labor standards. Currently, these core labor standards pertain to freedom of association, recognizing collective bargaining rights, eliminating forced labor, abolishing child labor, and eliminating employment discrimination.)
Any interested party may file a request to have individual producers reviewed for compliance with the core labor standards and with Haitian labor standards and laws.
The bill also requires the Office of the U.S. Trade Representative to provide technical assistance to Haitian government agencies, employers, labor unions, and others to increase and diversify exports to the United States.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5035
To modify the special rules for Haiti under the Caribbean Basin
Economic Recovery Act, to extend preferential duty treatment program
for Haiti under that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Ms. Plaskett (for herself, Ms. Sewell, and Mr. Blumenauer) introduced
the following bill; which was referred to the Committee on Ways and
Means
_______________________________________________________________________
A BILL
To modify the special rules for Haiti under the Caribbean Basin
Economic Recovery Act, to extend preferential duty treatment program
for Haiti under that Act, 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.
This Act may be cited as the ``Hemispheric Opportunity through
Partnership Enhancement for Haitian Prosperity Act of 2023'' or the
``HOPE for Haitian Prosperity Act of 2023''.
SEC. 2. MODIFICATION OF SPECIAL RULES FOR HAITI UNDER THE CARIBBEAN
BASIN ECONOMIC RECOVERY ACT.
(a) Eligibility Requirements.--Section 213A(d)(4) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703a(d)(4)) is amended--
(1) by striking ``Any interested party'' and inserting the
following:
``(A) In general.--Any interested party'';
(2) by striking ``paragraph (1),'' and inserting
``paragraph (1).'';
(3) by striking ``and the President shall provide for this
purpose'' and inserting the following:
``(C) Applicable procedures.--The President shall
provide for the purpose of subparagraph (A) and the
purpose of subparagraph (B)''; and
(4) by inserting after subparagraph (A) (as so designated)
the following:
``(B) Compliance with core labor standards and with
the labor laws of haiti.--Any interested party may file
a request to have the status of individual producers
reviewed with respect to compliance with core labor
standards and with the labor laws of Haiti that
directly relate to and are consistent with core labor
standards and with the labor laws of Haiti that relate
to acceptable conditions of work with respect to
minimum wages and hours of work.''.
(b) Technical Assistance Improvement and Compliance Needs
Assessment and Remediation Program.--Section 213A(e)(4)(B) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(e)(4)(B)) is
amended--
(1) in clause (i)--
(A) by striking ``a biennial basis'' and inserting
``an annual basis''; and
(B) by adding at the end before the period the
following: ``or with the labor laws of Haiti that
relate to acceptable conditions of work with respect to
minimum wages and hours of work'';
(2) in clause (ii)--
(A) in the first sentence, by adding at the end
before the period the following: ``and with the labor
laws of Haiti that relate to acceptable conditions of
work with respect to minimum wages and hours of work'';
and
(B) by inserting after the first sentence the
following new sentence: ``The President may withdraw,
suspend, or limit the application of preferential
treatment under subsection (b) to articles of such
producer during the period in which assistance
described in the preceding sentence is being provided
to the producer.''; and
(3) in clause (iii), by inserting after ``and are
consistent with core labor standards'' the following: ``and
with the labor laws of Haiti that relate to acceptable
conditions of work with respect to minimum wages and hours of
work''.
SEC. 3. EXTENSION OF PREFERENTIAL DUTY TREATMENT PROGRAM FOR HAITI.
Section 213A of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) a safe and healthy working environment.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B)(v)(I)--
(I) by striking ``means'' and all
that follows through ``60 percent'' and
inserting ``means 60 percent''; and
(II) by striking ``7 succeeding 1-
year periods'' and inserting ``17
succeeding 1-year periods''; and
(ii) in subparagraph (C)--
(I) in the table, by striking ``16
succeeding 1-year periods'' and
inserting ``28 succeeding 1-year
periods''; and
(II) in the matter following the
table, by striking ``2025'' and
inserting ``2035''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``16 succeeding 1-year periods'' and inserting
``26 succeeding 1-year periods''; and
(ii) in subparagraph (B)(iii), by striking
``16 succeeding 1-year periods'' and inserting
``26 succeeding 1-year periods'';
(3) in subsection (d)(1)(A)(vi), by striking ``, hours of
work, and occupational safety and health'' and inserting ``and
hours of work'';
(4) in subsection (e)(3)--
(A) in subparagraph (B)(ii), by striking ``, hours
of work, and occupational safety and health'' and
inserting ``and hours of work''; and
(B) in subparagraph and (E)(ii), by striking ``,
hours of work, and occupational safety and health'' and
inserting ``and hours of work''; and
(5) in subsection (h), by striking ``2025'' and inserting
``2035''.
SEC. 4. TECHNICAL ASSISTANCE TO INCREASE AND DIVERSIFY EXPORTS FROM
HAITI TO THE UNITED STATES.
Section 213A of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a), as amended by this Act, is further amended by adding at
the end the following:
``(i) Technical Assistance To Increase and Diversify Exports From
Haiti to the United States.--
``(1) In general.--The United States Trade Representative
shall provide technical assistance to the agencies, entities,
and individuals specified in clauses (i) through (v) of
paragraph (2)(B), to increase and diversify exports from Haiti
to the United States with the objectives of--
``(A) increasing and diversifying export-oriented
value chains in Haiti through measures that enhance the
competitiveness of firms in Haiti;
``(B) reinforcing the capacity of trade support
institutions to enhance the business climate in Haiti;
and
``(C) developing utilization strategies for Haiti
to further explore export opportunities under United
States trade preference programs.
``(2) Requirements.--The Trade Representative--
``(A) shall seek to coordinate with the
International Trade Center to develop and provide
technical assistance;
``(B) shall establish a participatory process to
develop the technical assistance that includes--
``(i) appropriate agencies of the
Government of Haiti;
``(ii) trade support institutions in Haiti;
``(iii) employers in Haiti;
``(iv) workers in Haiti; and
``(v) labor unions in Haiti; and
``(C) shall consult with the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate regarding the development and
provision of technical assistance.
``(3) Priority.--Technical assistance provided pursuant to
this subsection shall focus on--
``(A) developing agricultural processing exports to
the United States;
``(B) improving competitiveness and labor
compliance in the apparel sector;
``(C) improving key services that support the
competitiveness of sectors with export potential to the
United States; and
``(D) providing the institutional capacity for
government, non-profit, and private sector bodies to
increase and diversify exports to the United States.
``(4) Reports.--
``(A) In general.--The President shall include in
each report required to be submitted to Congress under
section 163(a) of the Trade Act of 1974 (19 U.S.C.
2213(a)) the following:
``(i) A description of the actions taken to
provide technical assistance during the
preceding calendar year, including metrics
related to the outcomes achieved through such
assistance.
``(ii) A description of the actions taken
regarding the participatory process under
paragraph (3)(B) during the preceding calendar
year, including an identification of the
agencies, entities, and individuals specified
in clauses (i) through (v) of paragraph (2)(B)
that participated.
``(B) Coordination.--The President shall seek to
coordinate with the International Trade Center in
carrying out this paragraph.
``(5) Definitions.--In this subsection--
``(A) the term `International Trade Center'--
``(i) means the joint agency of the United
Nations Conference on Trade and Development and
the World Trade Organization, originally
established by the Contracting Parties of the
General Agreement on Tariffs and Trade on March
19, 1964, and from January 1, 1968, operated
jointly with the United Nations Conference on
Trade and Development; and
``(ii) includes any subdivision,
instrumentality, or designee thereof; and
``(B) the term `trade support institutions' means
key actors that support the export-oriented business
climate, such as--
``(i) the Haitian Ministry of Commerce and
Industry;
``(ii) the Haitian Chamber of Commerce and
Industry; and
``(iii) trade promotion organizations.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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