H.R. 5160 – Reading Mode

1.

Short title

This Act may be cited as the Haiti Economic Lift Program Act of 2010.

2.

Findings

Congress finds the following:

(1)

On January 12, 2010, Haiti was hit by a 7.0 magnitude earthquake, the worst earthquake to affect Haiti in recorded history. Aftershocks from the earthquake, measuring up to 6.0 on the Richter scale, continued for days afterwards.

(2)

The earthquake has devastated Haiti’s infrastructure, including homes, offices, factories, roads, ports, communications, and other facilities. The loss of life attributable to the earthquake was massive.

(3)

Even before the earthquake, Haiti was the poorest country in the Western Hemisphere, ranking 149 out of 182 countries according to the United Nation’s Human Development Index.

(4)

In recent years, however, the Government and people of Haiti had taken important steps forward to promote economic growth and development, including making strides towards establishing a competitive apparel sector.

(5)

United States trade preference programs, including the Caribbean Basin Economic Recovery Act (as amended by the United States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008), which extend duty-free tariff treatment to certain apparel produced in Haiti, have made an important contribution to Haiti’s economic development efforts.

(6)

However, the Haitian apparel sector has been hard hit by the January 12, 2010, earthquake. A number of apparel factories based in and around Port-au-Prince have been heavily damaged, including the collapse of one major apparel factory that had employed nearly 4,000 workers.

(7)

The Port-au-Prince seaport that had served the apparel trade has been badly damaged. And extensive damage to roads has made it difficult to transport apparel to the Dominican Republic for shipment from ports in that country.

(8)

According to estimates by the Department of Commerce, imports of apparel articles from Haiti to the United States in 2010 have decreased by 43 percent as compared to the same period in 2009.

(9)

The earthquake has increased significantly the costs and uncertainty of doing business in Haiti. A strong and unequivocal commitment from the United States is needed to help Haiti offset these costs and preserve the gains made under United States trade preference programs, and to encourage buyers and investors to stand with Haiti through this crisis.

3.

Extension of Caribbean Basin Economic Recovery Act

The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended—

(1)

in section 213(b)—

(A)

in paragraph (2)(A)—

(i)

in clause (iii)—

(I)

in subclause (II)(cc), by striking September 30, 2010 and inserting September 30, 2020; and

(II)

in subclause (IV)(dd), by striking September 30, 2010 and inserting September 30, 2020; and

(ii)

in clause (iv)(II), by striking 8 and inserting 18; and

(B)

in paragraph (5)(D)(i), by striking September 30, 2010 and inserting September 30, 2020; and

(2)

in section 213A(h), by striking September 30, 2018 and inserting September 30, 2020.

4.

Apparel and other articles subject to certain assembly rules

(a)

Certain other apparel articles

Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3)) is amended by adding at the end the following:

(F)

Certain other apparel articles

(i)

In general

Any of the apparel articles described in clause (ii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.

(ii)

Articles described

Apparel articles described in this clause are apparel articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this subparagraph):

Category Number	HTS Statistical Reporting Number
334	6101.90.9010
	6112.11.0010
	6103.22.0010
	6113.00.9015
335	6104.22.0010
	6104.29.2010
	6112.11.0020
336	6104.49.9010
338	6103.22.0050
	6105.90.8010
	6112.11.0030
339	6104.22.0060
	6104.29.2049
	6106.90.2510
	6106.90.3010
	6110.20.1031
	6110.20.1033
	6112.11.0040
342	6104.22.0030
	6104.29.2022
	6104.52.0010
	6104.52.0020
	6104.59.8010
350	6107.91.0040
	6107.91.0090
351	6107.21.0010
	6107.21.0020
	6107.91.0030
	6108.31.0010
	6108.31.0020
433	6103.23.0007
	6103.29.0520
	6103.31.0000
	6103.33.1000
	6103.39.8020
434	6101.30.1500
	6101.90.0500
	6101.90.9020
	6103.23.0005
	6103.29.0510
435	6102.30.1000
	6102.90.9010
	6104.23.0010
	6104.29.0510
	6104.29.2012
	6104.33.1000
	6104.39.2020
438	6103.23.0025
	6103.29.0550
	6104.23.0020
	6104.29.0560
	6104.29.2051
	6105.90.1000
	6105.90.8020
	6106.20.1020
	6106.90.1010
	6106.90.1020
	6106.90.2520
	6106.90.3020
	6110.11.0070
	6110.12.2070
	6110.12.2080
	6110.19.0070
	6110.19.0080
	6110.30.1550
	6110.30.1560
633	6103.23.0037
	6103.29.1015
	6103.33.2000
	6103.39.1000
	6103.39.8030
634	6101.30.1000
	6101.90.9030
	6103.23.0036
	6103.29.1010
	6112.12.0010
	6112.19.1010
	6112.20.1010
	6112.20.1030
	6113.00.9025
635	6102.30.0500
	6102.90.9015
	6104.23.0026
	6104.29.1010
	6104.29.2014
	6104.39.2030
	6112.12.0020
	6112.19.1020
	6112.20.1020
	6112.20.1040
	6113.00.9030
636	6104.49.9030
	6104.44.2020
638	6103.23.0075
	6103.29.1050
	6105.90.8030
	6110.30.1050
	6110.30.2051
	6110.30.2053
	6112.12.0030
	6112.19.1030
639	6104.23.0036
	6104.29.1050
	6104.29.2055
	6106.90.2530
	6106.90.3030
	6110.30.1060
	6110.30.2061
	6110.30.2063
	6112.12.0040
	6112.19.1040
651	6107.22.0010
	6107.22.0015
	6107.22.0025
	6107.99.1030
	6108.32.0015

(iii)

Category defined

In this subparagraph, the term category has the meaning given that term in paragraph (2A)(E) of this subsection.

.

(b)

Made-Up textile articles

Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3)), as amended by subsection (a), is further amended by adding at the end the following:

(G)

Made-up textile articles

(i)

In general

Any of the made-up textile articles described in clauses (ii) and (iii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.

(ii)

Articles described

Made-up textile articles described in this clause are articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this subparagraph):

Category Number	HTS Statistical Reporting Number
363	6302.60.0020
	6302.91.0015
	6302.91.0035
	6307.90.8940
369	6304.91.0020
	6304.92.0000
	6302.60.0010
	6302.60.0030
	6302.91.0005
	6302.91.0050
	6307.90.8910
	6307.90.8945
	5701.90.2020
	5702.39.2010
	5702.50.5600
	5702.99.0500
	5702.99.1500
	5705.00.2020
	5807.10.0510
	5807.90.0510
	6307.90.3010
	6301.30.0010
	6305.20.0000
	6307.10.1020
	6307.10.1090
	6406.10.7700
	9404.90.1000
	9404.90.9505
	6301.30.0020
	6302.91.0045
465	5701.10.9000
	5702.50.2000
	5702.50.4000
	5702.91.3000
	5702.91.4000
	5703.10.2000
	5703.10.8000
	5704.10.0010
	5705.00.2005
	5705.00.2015
	5702.31.1000
	5702.31.2000
469	6304.19.3040
	6304.91.0050
	6304.99.1500
	6304.99.6010
	5601.29.0020
	6302.39.0010
	6406.10.9020
665	5701.90.1030
	5701.90.2030
	5702.32.1000
	5702.32.2000
	5702.42.2090
	5702.50.5200
	5702.92.1000
	5702.92.9000
	5703.20.1000
	5703.30.2000
	5703.30.8030
	5703.30.8080
	5704.10.0090
	5705.00.2030
	5703.20.2010
	5703.20.2090
666	6304.11.2000
	6304.91.0040
	6304.93.0000
	6304.99.6020
	6301.40.0010
	6301.40.0020
	6301.90.0010
669	5601.10.2000
	5601.22.0090
	5807.10.0520
	5807.90.0520
	6307.90.3020
	6305.32.0010
	6305.32.0020
	6305.32.0050
	6305.32.0060
	6305.39.0000
	6406.10.9040
	6308.00.0020
899	6304.11.3000
	6304.19.3060
	6304.91.0070
	6304.99.3500
	6304.99.6040
	5601.29.0090
	6301.90.0030
	6305.90.0000
	6406.10.9060
900	5601.29.0010
	5701.90.2010
	6301.90.0020

(iii)

Other articles described

Made-up textile articles described in this clause are articles that fall within statistical reporting number 6406.10.9090 of the HTS (as in effect on the day before the date of the enactment of this subparagraph).

(iv)

Category defined

In this subparagraph, the term category has the meaning given that term in paragraph (2A)(E) of this subsection.

.

5.

Modification of tariff preference levels; verification with respect to transshipment for certain apparel articles

Section 213A(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)) is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (A)(ii)—

(i)

by striking The preferential treatment and inserting Except as provided in paragraph (2A), the preferential treatment; and

(ii)

by striking 9 and inserting 11; and

(B)

in subparagraph (B)(iii)—

(i)

by striking The preferential treatment and inserting Except as provided in paragraph (2A), the preferential treatment; and

(ii)

by striking 9 and inserting 11; and

(2)

by inserting after paragraph (2) the following:

(2A)

Special rule for certain woven articles and certain knit articles entered during fiscal year 2010 and succeeding 1-year periods

(A)

In general

Except as provided in subparagraphs (B) and (C) and subject to subparagraph (D), if 52,000,000 square meter equivalents of apparel articles described in paragraph (2)(A)(i) or (2)(B)(i) enter the United States during the 1-year period beginning October 1, 2009, or any of the succeeding 1-year periods, the President shall extend the preferential treatment described in paragraph (2)(A)(i) or (2)(B)(i) (as the case may be) to not more than 200,000,000 square meter equivalents of apparel articles described in paragraph (2)(A)(i) or (2)(B)(i) (as the case may be) during that 1-year period, and shall publish notice of the extension in the Federal Register.

(B)

Exception for certain woven articles

(i)

In general

In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting 70,000,000 for 200,000,000.

(ii)

Apparel articles described

Apparel articles described in this clause are apparel articles described in paragraph (2)(A)(i) that are the following:

(I)

Category 347

Apparel articles in category 347 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):

6203.19.1020	6203.42.4011	6203.42.4061
6203.19.9020	6203.42.4016	6203.49.8020
6203.22.3020	6203.42.4026	6210.40.9033
6203.22.3030	6203.42.4036	6211.20.1520
6203.42.4003	6203.42.4046	6211.20.3810
6203.42.4006	6203.42.4051	6211.32.0040

(II)

Category 348

Apparel articles in category 348 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):

6204.12.0030	6204.62.4011	6204.69.9010
6204.19.8030	6204.62.4021	6210.50.9060
6204.22.3040	6204.62.4031	6211.20.1550
6204.22.3050	6204.62.4041	6211.20.6810
6204.29.4034	6204.62.4051	6211.42.0030
6204.62.3000	6204.62.4056	6217.90.9050
6204.62.4003	6204.62.4066
6204.62.4006	6204.69.6010

(III)

Category 647

Apparel articles in category 647 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):

6203.23.0060	6203.43.4020	6203.49.8030
6203.23.0070	6203.43.4030	6210.40.5031
6203.29.2030	6203.43.4040	6210.40.5039
6203.29.2035	6203.49.1500	6211.20.1525
6203.43.2500	6203.49.2015	6211.20.3820
6203.43.3510	6203.49.2030	6211.33.0030
6203.43.3590	6203.49.2045
6203.43.4010	6203.49.2060

(IV)

Category 648

Apparel articles in category 648 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):

6204.23.0040	6204.63.3510	6204.69.6030
6204.23.0045	6204.63.3530	6204.69.9030
6204.29.2020	6204.63.3532	6210.50.5031
6204.29.2025	6204.63.3540	6210.50.5039
6204.29.4038	6204.69.2510	6211.20.1555
6204.63.2000	6204.69.2530	6211.20.6820
6204.63.3010	6204.69.2540	6211.43.0040
6204.63.3090	6204.69.2560	6217.90.9060

(C)

Exception for certain knit articles

(i)

In general

In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting 85,000,000 for 200,000,000.

(ii)

Apparel articles described

Apparel articles described in this clause are apparel articles described in paragraph (2)(B)(i) that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph), other than shirts with plackets and pointed collars:

6105.10.0010	6109.10.0040	6110.30.3053
6109.10.0018	6109.10.0045	6110.30.3059
6109.10.0027	6110.20.2079

(D)

Verification with respect to transshipment for certain apparel articles

(i)

In general

Not later than April 1, July 1, October 1, and January 1 of each year, the Commissioner responsible for United States Customs and Border Protection shall verify that apparel articles imported into the United States under this paragraph are not being unlawfully transshipped (within the meaning of subsection (f)) into the United States.

(ii)

Report to President

If the Commissioner determines pursuant to clause (i) that apparel articles imported into the United States under this paragraph are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.

(iii)

Authority to reduce quantitative limitation

If, in any 1-year period with respect to which the President extends preferential treatment as described in this paragraph, the Commissioner reports to the President pursuant to clause (ii) regarding unlawful transshipments, the President—

(I)

may modify the quantitative limitation under this paragraph as the President considers appropriate to account for such transshipments; and

(II)

if the President modifies the limitation under subclause (I), shall publish notice of the modification in the Federal Register.

(E)

Category defined

In this paragraph, the term category means the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of the Department of Commerce, as listed in the HTS under the applicable heading or subheading (as in effect on the day before the date of the enactment of this paragraph).

.

6.

Earned import allowance rule

Section 213A(b)(4)(B)(ii)(I) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(4)(B)(ii)(I)) is amended by striking three and inserting two.

7.

Extension of value-added rule

Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as amended by this Act, is further amended—

(1)

in subsection (a), by striking paragraph (1) and inserting the following:

(1)

Initial applicable 1-year period

The term initial applicable 1-year period means the 1-year period beginning on December 20, 2006.

; and

(2)

in subsection (b)(1)—

(A)

in subparagraph (A), by striking an applicable 1-year period and inserting the initial applicable 1-year period and any 1-year period thereafter;

(B)

in subparagraph (B)—

(i)

in clause (i)—

(I)

by striking any applicable 1-year period and inserting the initial applicable 1-year period and any 1-year period thereafter; and

(II)

by striking the applicable 1-year period and inserting that 1-year period;

(ii)

in clause (iv)(II)—

(I)

in the subclause heading, by striking applicable;

(II)

by striking In each of the second, third, fourth, and fifth applicable 1-year periods and inserting In any 1-year period after the initial applicable 1-year period; and

(III)

by striking applicable 1-year period each place it appears and inserting 1-year period;

(iii)

in clause (v)(I)—

(I)

in item (aa), by striking , the second applicable 1-year period, and the third applicable 1-year period and inserting and the succeeding 8 1-year periods;

(II)

in item (bb), by striking the fourth applicable 1-year period and inserting the 1-year period beginning on December 20, 2015, and the 1-year period beginning on December 20, 2016; and

(III)

in item (cc), by striking the fifth applicable 1-year period and inserting the 1-year period beginning on December 20, 2017; and

(iv)

in clause (vi)—

(I)

in subclause (II)—

(aa)

by striking any applicable 1-year period and inserting the initial applicable 1-year period or any 1-year period thereafter; and

(bb)

by striking applicable 1-year period each place it appears and inserting 1-year period; and

(II)

in subclause (III)—

(aa)

in item (aa), by striking an applicable 1-year period and inserting the initial applicable 1-year period or any 1-year period thereafter; and

(bb)

by striking applicable 1-year period each place it appears and inserting 1-year period; and

(C)

in subparagraph (C)—

(i)

by striking applicable 1-year periods and inserting 1-year periods;

(ii)

by striking the table and inserting the following:

During:	the corresponding percentage is:
the initial applicable 1-year period	1 percent.
each of the succeeding 11 1-year periods	1.25 percent.

;

and

(iii)

in the flush text, by striking the last day of the fifth applicable 1-year period and inserting December 19, 2018.

8.

Wire harnesses

Section 213A(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703A(c)) is amended by striking 5-year period and inserting 10-year period.

9.

Customs support services

(a)

In general

(1)

Rapid response team

The Commissioner responsible for United States Customs and Border Protection (in this section referred to as the Commissioner) shall, in consultation with the United States Coast Guard, the Drug Enforcement Agency, and other Federal agencies, as appropriate, seek to send a rapid response team to Haiti—

(A)

to assess the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services; and

(B)

to provide immediate assistance, as warranted, particularly with respect to—

(i)

reestablishing full capacity for commercial port operations at the seaport at Port-au-Prince;

(ii)

facilitating trade between the United States and Haiti under the Caribbean Basin Economic Recovery Act, as amended by this Act;

(iii)

preventing unlawful transshipment of goods through Haiti to the United States; and

(iv)

otherwise strengthening cooperation between the customs authorities of the United States, Haiti, and the Dominican Republic with respect to trade facilitation and economic development, customs compliance and law enforcement, and efforts to combat unlawful trafficking in narcotic drugs and psychotropic substances.

(2)

Report

Not later than 75 days after the date of the enactment of this Act, the Commissioner shall prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a nonconfidential report summarizing the results of the assessment required by paragraph (1)(A), including—

(A)

a description of the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services, including a prioritization of immediate infrastructure needs;

(B)

a multi-year plan for supplying technical, capacity-building, and training assistance to those authorities, including specific responsibilities to be undertaken by the support team authorized by subsection (b); and

(C)

a statement of the amount and purpose for which any funds were expended by the rapid response team in Haiti to administer the provisions of this section, including any expenditure of funds authorized to be appropriated pursuant to subsection (c)(1).

(b)

Support team

(1)

In general

The Commissioner shall, in consultation with other Federal agencies, as appropriate, seek to establish a support team in Haiti for the purpose of helping to meet the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services, as described in this section.

(2)

Termination

The support team authorized by paragraph (1) shall terminate on September 30, 2020.

(c)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to the United States Customs and Border Protection Agency, to remain available until expended—

(A)

$100,000 to help meet the immediate infrastructure needs of the authorities of the Government of Haiti responsible for customs services for the purpose of facilitating trade between the United States and Haiti under the Caribbean Basin Economic Recovery Act, as amended by this Act; and

(B)

$750,000 for each of the fiscal years 2011 through 2020 for the purpose of maintaining the support team authorized by subsection (b).

(2)

Supplement and not supplant

The amounts authorized to be appropriated by paragraph (1) shall supplement and not supplant any other funds authorized to be appropriated to the Department of Homeland Security.

10.

Sense of Congress

(a)

Regional cooperation

It is the sense of Congress that the United States Trade Representative should seek to enter into consultations with representatives of countries with which the United States has a trading relationship for the purpose of encouraging those countries to establish bilateral trade preference programs with respect to textile and apparel articles produced in Haiti.

(b)

Transshipment

It is the sense of Congress that the Commissioner responsible for United States Customs and Border Protection should, in consultation with the United States Trade Representative and the Secretary of Commerce, seek to enter into consultations with representatives of countries with which the United States has a trading relationship for the purpose of preventing the unlawful transshipment of textile and apparel articles from those countries through Haiti.

11.

Customs user fees

Section 13031(j)(3) of the Consolidated Omnibus Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—

(1)

in subparagraph (A), by striking May 14, 2018 and inserting November 10, 2018; and

(2)

in subparagraph (B)(i), by striking June 7, 2018 and inserting August 17, 2018.

12.

Time for payment of corporate estimated taxes

(a)

Shift from 2015 to 2014

The percentage under paragraph (1) of section 202(b) of the Corporate Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is increased by 0.75 percentage points.

(b)

Shift from 2016 to 2015

The percentage under paragraph (2) of section 561 of the Hiring Incentives to Restore Employment Act in effect on the date of the enactment of this Act is increased by 0.75 percentage points.

13.

Budget compliance

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.