118 HR 5035 IH: Hemispheric Opportunity through Partnership Enhancement for Haitian Prosperity Act of 2023
U.S. House of Representatives
2023-07-27
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I
118th CONGRESS
1st Session
H. R. 5035
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.
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”.
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”.
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”.
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.”.