[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Extensions of Remarks]
[Pages E1919-E1920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTRODUCTION OF THE HAITIAN ECONOMIC RECOVERY OPPORTUNITY ACT

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                      Wednesday, October 16, 2002

  Mr. GILMAN. Mr. Speaker, I am pleased to introduce the Haitian 
Economic Recovery Opportunity (HERO) Act H.R. 5650. This bill is 
intended to provide tangible economic benefits to Haiti, the Western 
Hemisphere's poorest nation. If the people of Haiti are to be able to 
earn a living wage, provide for their children's welfare, and have hope 
for the future, then there needs to be real jobs in Haiti.
  In my congressional district, there are many hundreds of Haitian-
American families. They are hardworking citizens who have done well for 
themselves and added substantially to our local communities. These good 
Haitian-American citizens prove that what Haitians need most is 
opportunities. That is what this HERO Act does.
  This bill would provide that apparel articles imported directly into 
the United States from Haiti would be free of duty. To be eligible, the 
apparel article must be assembled in Haiti from any combination of 
fabrics and yarns manufactured in the United States, members of Free 
Trade Agreements with the United States, future members of Free Trade 
Agreements with the United States, as well from eligible countries 
under the Africa Growth & Opportunity Act, the Andean Trade Preferences 
Act and the Caribbean Basin Initiative.
  In past years, the apparel industry employed tens of thousands of 
people in Haiti. The earnings from these jobs supported many more tens 
of thousands of Haitians. This legislation will help bring that 
economic activity back to Haiti. It will also send a unequivocal 
message of support to those in Haiti's private sector who have joined 
in the long struggle for democracy in that island nation.
  As is the case under the Africa Growth & Opportunity Act, in order 
for Haiti to be eligible for benefits, the President must first certify 
that Haiti has established, or is making continual progress to satisfy, 
a number of important conditions. The economic conditions spelled out 
in the HERO Act include establishing a market-based economy, 
eliminating barriers to United States trade and investment (including 
creation of an environment conducive to domestic and foreign 
investment), the protection of intellectual property, and the 
resolution of bilateral trade and investment disputes.
  Furthermore, the government of Haiti must meet important political 
conditions including establishing democracy as evidenced by free and 
fair elections, the rule of law, political pluralism, freedom of the 
press, the right to due process, a fair trial, and equal protection 
under the law, economic policies to reduce poverty, a system that 
combats corruption and bribery and protections for internationally 
recognized worker and human rights. In addition, the President would 
have to certify that Haiti does not provide support for acts of 
international terrorism and cooperates in efforts to eliminate human 
rights violations and terrorist activities.
  We must not forget Haiti. This bill sends a clear message to Haitians 
of good will that America cares what happens in Haiti. With this 
legislation, we can join together as Republicans and Democrats to do 
the right thing for

[[Page E1920]]

Haiti by tangibly promoting prosperity and democracy in that nation.
  Mr. Speaker, I request that a copy of the full text of H.R. 5650 be 
inserted at this point in the Record:

                               H.R. 5650

       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 ``Haiti Economic Recovery, 
     Opportunity Act of 2002''.

      SEC. 2. TRADE BENEFITS TO HAITI.

       (a) In General--The Caribbean Basin Economic Recovery Act 
     (19 U.S.C. 2701 et seq.) is amended by inserting after 
     section 213 the following new section:

      ``SEC. 213A. SPECIAL RULE FOR HAITI.

        ``(a) In General--In addition to any other preferential 
     treatment under this Act, in each 12-month period beginning 
     on October 1, 2002, apparel articles described in subsections 
     (b) that are imported directly into the customs territory of 
     the United States from Haiti shall enter the United States 
     free of duty, subject to the limitations described in 
     subsections (b) and (c), if Haiti has satisfied the 
     requirements set forth in subsection (d).
       ``(b) Apparel Articles Described.--Apparel articles 
     described in this subsection are apparel articles that are 
     wholly assembled or knit-to-shape in Haiti exclusively from 
     any, combination of fabrics, fabric components, components 
     knit-to-shape, and yarns formed in one or more of the 
     following countries:
       ``(1) The United States.
       ``(2) Any, country, that is party to a, free trade 
     agreement with the United States, on January 1, 2002.
       ``(3) Any country that enters into a free trade agreement 
     with the United States subject to the provisions of title XXI 
     of the Trade Act of 2002 (Public Law 107-210).
       ``(4) Any country designated as a beneficiary country 
     under--
       ``(A) section 213(b)(5)(B) of this Act;
       ``(B) section 506A(a)(1) of the Trade Act of 1974 (19 
     U.S.C. 2466a(a)(1)); or
       ``(C) section 204(b)(6)(B) of the Andean Trade Preference 
     Act (19 U.S.C. 3203(b)(6)(B)).
       ``(5) Any country, if the fabrics or yarns are designated 
     as not being commercially available in the United States for 
     the purposes of NAFTA (Annex 401), the Caribbean Basin Trade 
     Partnership Act, the African Opportunity and Growth Act, or 
     the Andean Trade Promotion and Drug Eradication Act.
       ``(c) Preferential Treatment.--The preferential treatment 
     described in subsection (a), shall be extended
       ``(1) during the 12-month period beginning on October 1, 
     2002, to a quantity of apparel articles that is equal to 1.5 
     percent of the aggregate square meter equivalents of all 
     apparel articles imported into the United States during the 
     12-month period beginning October 1, 2001; and
       ``(2) during the 12-month period beginning on October 1 of 
     each succeeding year, to a quantity of apparel articles that 
     is equal to the product of--
       ``(A) the percentage applicable during the previous 12-
     month period plus 0.5 percent (but not over 3.5 percent); and
       ``(B) the aggregate square meter equivalents of all apparel 
     articles imported into the United States during the 12-month 
     period that ends on September 30 of that year.
       ``(d) Eligibility Requirements.--Haiti shall be eligible 
     for preferential treatment under this section if the 
     President determines and certifies to Congress that Haiti--
       ``(1) has established, or is making continual progress 
     toward establishing--
       ``(A) a market-based economy, that protects private 
     property rights, incorporates an open rules-based trading 
     system, and minimizes government interference in the economy 
     through measures such as price controls, subsidies, and 
     government ownership of economic assets;
       ``(B) the rule of law, political pluralism, and the right 
     to due process, a fair trial, and equal protection under the 
     law;
       ``(C) the elimination of barriers to United States trade 
     and investment, including by--
       ``(i) the provision of national treatment and measures to 
     create an environment conducive to domestic and foreign 
     investment;
       ``(ii) the protection of intellectual property; and
       ``(iii) the resolution of bilateral trade and investment 
     disputes;
       ``(D) economic policies to reduce poverty, increase the 
     availability of health care and educational opportunities, 
     expand physical infrastructure, promote the development of 
     private enterprise, and encourage the formation of capital 
     markets through microcredit or other programs,
       ``(E) a system to combat corruption and bribery, such as 
     signing and implementing the Convention on Combating Bribery 
     of Foreign Public Officials in International Business 
     Transactions; and
       ``(F) protection of internationally recognized worker 
     rights, including the right of association, the right to 
     organize and bargain collectively, a prohibition on the use 
     of any form of forced or compulsory labor, a minimum age for 
     the employment of children, and acceptable conditions of work 
     with respect to minimum wages, hours of work, and 
     occupational safety and health;
       ``(2) does not engage in activities that undermine United 
     States national security or foreign policy interests; and
       ``(3) does not engage in gross violations of 
     internationally recognized human rights or provide support 
     for acts of international terrorism and cooperates in 
     international efforts to eliminate human rights violations 
     and terrorist activities.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after October 1, 2002.
       (2) Retroactive application to certain entries.--
     Notwithstanding section 514 of the Tariff Act of 1930 (19 
     U.S.C. 1514) or any other provision of law, upon proper 
     request filed with the Customs Service before the 90th day 
     after the date of the enactment of this Act, any entry or 
     withdrawal from warehouse for consumption, of any goods 
     described in the amendment made by subsection (a)--
       (A) that was made on or after October 1, 2002, and before 
     the date of the enactment of this Act, and
       (B) with respect to which there would have been no duty if 
     the amendment made by subsection (a) applied to such entry or 
     withdrawal, shall be liquidated or reliquidated as though 
     such amendment applied to such entry or withdrawal.

     

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