14582: Timing is perfect (fwd)

[Bob Corbett <corbetre@webster.edu>]

Please post anonymously
Who from Haiti does not remember this?
Andy a bien su sa leçon. Que faut-il lui donner, un bonbon une image? Non,
non dit Andy. Un baisé du Congrès sera ma récompense !

[Congressional Record: October 16, 2002 (Senate)]
INTRODUCTION OF THE HAITIAN ECONOMIC RECOVERY OPPORTUNITY ACT
[Page S10573-S10587]
>From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr16oc02-95]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DeWINE:
  S. 3123. A bill to expand certain preferential trade treatment of Haiti;
to the Committee on Finance.
  Mr. DeWINE. Mr. President, I have many long-standing concerns about the
dire situation, political, economic, and humanitarian, in Haiti. As one who
has witnessed the unbelievable poverty and despair in that tiny nation, I
believe we must pay closer attention to what is happening there. We must be
engaged.
  That is why I am introducing the ``Haiti Economic Recovery Opportunity Act
of 2002.'' This bill would help improve the economic and political situation
in Haiti through an important tool of our foreign policy, and that is trade.
I would like to thank Representatives Gilman and others for introducing a
similar measure in the House.
  The situation in Haiti is bleak. Haiti is the poorest country in our
Hemisphere, with approximately 70 percent of its population out of work and
80 percent living in abject poverty. Less than one-half of Haiti's
8.2 million people can read or write. Haiti's infant mortality rate is the
highest in our hemisphere. And, one in four children under the age of five
are malnourished.
  Roughly one in 12 Haitians has HIV/AIDS, and, according to the Centers for
Disease Control projections, Haiti will experience up to 44,000 new HIV/AIDS
cases this year, that's 4,000 more than the number
expected here in the United States, where our population is 35 times that of
Haiti's. AIDS already has orphaned over 163,000 children, and this number is
expected to skyrocket to between 323,000 and 393,000
over the next ten years.
  The violence, corruption, and instability caused by the flow of drugs
through Haiti cannot be overstated. An estimated 15 percent of all cocaine
entering the United States passes through Haiti, the Dominican
Republic, or both.
  Haiti still lacks democracy and political stability. The U.S. policy of
not providing assistance directly to the Haitian Government is based on
President Aristide's failure to enact necessary reforms to uphold
democracy and help the people of his own country.
  All of this creates an environment where the logical course of action for
many Haitians is simply to flee. We have seen this in the past, and we may
see it again. So far this fiscal year, the Coast Guard has
interdicted and rescued over 1,485 Haitian migrants at sea, compared to
1,113 during the entire fiscal year 2000. And, according to the State
Department, migrants recently interdicted and repatriated to Haiti have
cited economic conditions as their reason for attempting to migrate by sea.
I do not think that a mass exodus is imminent, but we cannot ignore any
increase in migrant departures from Haiti. In addition to
being an immigration issue for the United States, these migrant departures
frequently result in the loss of life at sea.
  The bill I am introducing today attempts to change this situation by
granting limited duty-free treatment on certain Haitian apparel articles if,
and only if, the President is able to certify that the Haitian government is
making serious market, political, and social reforms. The bill would correct
a glitch or oversight in U.S. trade law that recognized the special economic
needs of least developed countries
in Africa, but did not recognize those needs for the least developed country
in the Western Hemisphere, Haiti.
  Specifically, the bill would allow duty-free entry of Haitian apparel
articles assembled from fabrics from countries with which the U.S. has a
free trade or a regional trade agreement. It also would grant duty-free
status on articles, regardless of the origin of the fabrics and yarns, if
the fabrics and yarns were not ommercially available in the United States.
  The bill would cap duty-free apparel imports made of fabrics and yarns
from the designated countries at 1.5 percent of total U.S. apparel imports.
This limit grows modestly over time to 3.5 percent.  The enactment of this
legislation would promote employment in Haitian industry by allowing the
country to become a garment production center. While the benefits of this
bill would be modest by U.S. standards, in
Haiti they are substantial. It is estimated that the bill could create
thousands of jobs, thereby reducing the unemployment rate and breaking the
shackles of poverty. Before the 1991 coup, Haiti was one of the
largest apparel suppliers in the Caribbean. But today, Haitian apparel
accounts for less than one percent of all apparel imports into the United
States.
  The type of assembly carried out in Haiti would have minimal impact on
employment in the United States. In fact, it would encourage the emigration
of jobs from the Far East back to our hemisphere, including the United
States, because most Haitian foreign exchange earnings, unlike in the Far
East, are utilized to purchase American products.
And, the ``Trade and Development Act'' already includes strong safeguards
against transshipment.
  In order for Haiti to be eligible for the trade benefits under the bill,
the President must certify that Haiti is making progress on matters like the
rule of law. This will not be an easy task for the Haitian government.
However, I believe that because of the incentives provided in the bill, it
would be more and more apparent to them that it is in their interest to
reform.
[[Page S10583]]
  During my most recent trip to Haiti, I met with President Aristide and
raised many concerns. I explained that it is essential that he call for
peace and domestic order, and that he take the necessary measures to bring
an end to the political impasse. I explained the need to cooperate with the
opposition, and to work with the Organization of American States, OAS.
  I also met with leaders of the opposition and told them that they, too,
must be willing to compromise and cooperate. I am pleased to see that the
OAS Special Mission in Haiti is up and running, but I remain
cautious about the prospects for resolving the political crisis. In the
meantime, the United States must take responsibility by continuing and
increasing our humanitarian and trade efforts in Haiti. This is in our own
best interest, and we have a moral obligation to remain committed to the
people of Haiti.
  Adopting the Haiti Economic Recovery Opportunity Act of 2002 would be a
powerful demonstration of that commitment. I encourage my colleagues to join
in support of this legislation.
                                 ______
[Congressional Record: October 17, 2002 (Extensions)]
[Page E1919-E1920]
>From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr17oc02-144]

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 tensof 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 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 goodsdescribed 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.