II 111th CONGRESS 2d Session S. 2978 IN THE SENATE OF THE UNITED STATES February 2, 2010 Mr. Wyden (for himself and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To extend the Caribbean Basin Economic Recovery Act, to extend the trade preferences made available to Haiti under that Act, to encourage foreign investment in Haiti, and for other purposes.

1.

Short title

This Act may be cited as the Renewing Hope for Haitian Trade and Investment Act of 2010.

2.

Trade facilitation efforts in Haiti

The Secretary of Homeland Security, acting through the Commissioner responsible for U.S. Customs and Border Protection, shall commit sufficient resources from U.S. Customs and Border Protection— (1)to, working with the commercial attaché from the United States assigned to Haiti, enhance commercial assistance to facilitate trade between Haiti, the Dominican Republic, and the United States, as envisioned in section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109–432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110–246; 122 Stat. 2289); (2)to facilitate the preclearance of valid cargo destined for the United States from Haiti and promote the efficient and secure movement of articles entering the United States pursuant to such section 213A; and (3)to provide technical assistance and training to the customs service of Haiti to improve production validation and compliance and understanding of the customs procedures of the United States, such as the Electronic Visa Information System.

3.

Extension of the Caribbean Basin Economic Recovery Act

Section 213(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended— (1)in paragraph (2)(A)— (A)in clause (iii)— (i)in subclause (II)(cc), by striking 2010 and inserting 2013; and (ii)in subclause (IV)(dd), by striking 2010 and inserting 2013; and (B)in clause (iv)(II), by striking 8 and inserting 11; and (2)in paragraph (5)(D)(i), by striking 2010 and inserting 2013.

4.

Extension of value-added rule of origin for apparel and other textile articles imported from Haiti

Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) is amended— (1)in subsection (a)(1)— (A)by amending subparagraph (A) to read as follows: (A)

In general

The term applicable 1-year period means— (i)the initial applicable 1-year period; (ii)the 1-year period beginning on the day after the last day of the initial applicable 1-year period; and (iii)any 1-year period thereafter. ; and (B)by striking subparagraphs (C) through (F); (2)in subsection (b)— (A)in paragraph (1)— (i)in subparagraph (B)— (I)in clause (iv)(II), by striking each of the second, third, fourth, and fifth applicable 1-year periods and inserting any applicable 1-year period after the initial applicable 1-year period; and (II)in clause (v)(I)— (aa)in item (aa), by striking , the second applicable 1-year period, and the third applicable 1-year period and inserting and each applicable 1-year period thereafter through the applicable 1-year period beginning on December 20, 2010; (bb)in item (bb), by striking the fourth applicable 1-year period and inserting the applicable 1-year period beginning on December 20, 2011; and (cc)in item (cc), by striking the fifth applicable 1-year period and inserting each applicable 1-year period beginning on or after December 20, 2012; and (ii)in subparagraph (C)— (I)by striking the table and inserting the following: During:the corresponding percentage is: the initial applicable 1-year period1 percent. each applicable 1-year period after the initial applicable 1-year period1.25 percent. ; and (II)in the flush text, by striking the last day of the fifth applicable 1-year period and inserting December 19, 2013; and (B)in paragraph (2)— (i)in subparagraph (A)(ii), by striking 9 and inserting 13; and (ii)in subparagraph (B)(iii), by striking 9 and inserting 13; (3)in subsection (c), by striking 5-year period and inserting 7-year period; and (4)in subsection (h), by striking 2018 and inserting 2022.

5.

Haiti Recovery and Investment Task Force

(a)

In general

There is established a task force, to be known as the Haiti Recovery and Investment Task Force (in this section referred to as the Task Force), to— (1)facilitate— (A)foreign direct investment in Haiti and the provision of credit and finance for private-sector investment in Haiti, including by reassessing and addressing obstacles to affordable finance and credit for persons seeking to invest in Haiti; (B)the flow of remittances and investment to Haiti by the Haitian-American community in the United States and the Haitian Diaspora; and (C)the provision of grants by international donors and international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)) to the Government of Haiti; and (2)work with the Government of Haiti to ensure that investment in Haiti described in paragraph (1) supports Haiti’s long-term development needs and complements strategies developed in Haiti’s National Strategy for Growth and the Reduction of Poverty, as set forth in the International Monetary Fund Country Report Number 08/115. (b)

Membership

The Task Force shall be composed of the following officials or their designees: (1)The Secretary of the Treasury, who shall serve as the chairperson of the Task Force. (2)The United States Trade Representative. (3)The Secretary of Commerce. (4)The President of the Overseas Private Investment Corporation. (5)The Chairman of the Export-Import Bank. (c)

Administration

The Task Force shall— (1)periodically convene public hearings; and (2)establish procedures for the operation of the Task Force that are transparent and encourage public participation. (d)

Reports

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Task Force shall submit to Congress a report containing— (1)an assessment of the progress made by the Task Force in facilitating investment in Haiti and enabling Haiti to attract foreign investment; (2)a description of obstacles to investment in Haiti identified by the Task Force; and (3)any recommendations of the Task Force for enacting or amending laws to facilitate investment in Haiti. (e)

Termination date

The Task Force shall terminate on the date that is 12 years after the date of the enactment of this Act.

6.

Government Accountability Office report on the effectiveness of the HOPE trade preferences

Not later than May 31, 2010, the Comptroller General of the United States shall submit to Congress a report that— (1)assesses the effectiveness of the trade preferences under section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109–432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110–246; 122 Stat. 2289); and (2)makes recommendations for improving those trade preferences, particularly with respect to measures to facilitate the expansion of trade and increased employment in Haiti following the January 2010 earthquake.