LABOR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM.

SEC. 15403. LABOR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as amended by section 15402 of this Act, is amended—(1) in subsection (a)—(A) by redesignating paragraph (5) as paragraph (8):(B) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6), respectively;(C) by inserting after paragraph (1) the following new paragraphs:“(2) Appropriate congressional committees.—. The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.“(3) Core labor standards.—The term “core labor standards” means—“(A) freedom of association;122 STAT. 1540“(B) the effective recognition of the right to bargain collectively;“(C) the elimination of all forms of compulsory or forced labor;“(D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and“(E) the elimination of discrimination in respect of employment and occupation.”; and(D) by inserting after paragraph (6) (as redesignated) the following new paragraph:“(7) TAICNAR program.—The term ‘TAICNAR Program’ means the Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program established pursuant to subsection (e).”;(2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and(3) by inserting after subsection (d) the following new subsection:“(e) Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program.—“(1) Continued eligibility for preferences.—“(A) Presidential certification of compliance by haiti with requirements.—Upon the expiration of the 16-month period beginning on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, Haiti shall continue to be eligible for the preferential treatment provided under subsection (b) only if the President determines and certifies to the Congress that—“(i) Haiti has implemented the requirements set forth in paragraphs (2) and (3); and“(ii) Haiti has agreed to require producers of articles for which duty-free treatment may be requested under subsection (b) to participate in the TAICNAR Program described in paragraph (3) and has developed a system to ensure participation in such program by such producers, including by developing and maintaining the registry described in paragraph (2)(B)(i).“(B) Extension.—The President may extend the period for compliance by Haiti under subparagraph (A) if the President—“(i) determines that Haiti has made a good faith effort toward such compliance and has agreed to take additional steps to come into full compliance that are satisfactory to the President; and“(ii) provides to the appropriate congressional committees, not later than 6 months after the last day of the 16-month period specified in subparagraph (A), and every 6 months thereafter, a report identifying the steps that Haiti has agreed to take to come into full compliance and the progress made over the preceding 6-month period in implementing such steps.“(C) Continuing compliance.—“(i) Termination of preferential treatment.—If, after making a certification under subparagraph (A), the President determines that Haiti is no longer 122 STAT. 1541 meeting the requirements set forth in subparagraph (A), the President shall terminate the preferential treatment provided under subsection (b), unless the President determines, after consulting with the appropriate congressional committees, that meeting such requirements is not practicable because of extraordinary circumstances existing in Haiti when the determination is made.“(ii) Subsequent compliance.—If the President, after terminating preferential treatment under clause (i), determines that Haiti is meeting the requirements set forth in subparagraph (A), the President shall reinstate the application of preferential treatment under subsection (b).“(2) Labor ombudsman.—“(A) In general.—The requirement under this paragraph is that Haiti has established an independent Labor Ombudsman’s Office within the national government that—“(i) reports directly to the President of Haiti;“(ii) is headed by a Labor Ombudsman chosen by the President of Haiti, in consultation with Haitian labor unions and industry associations; and“(iii) is vested with the authority to perform the functions described in subparagraph (B).“(B) Functions.—The functions of the Labor Ombudsman’s Office shall include—“(i) developing and maintaining a registry of producers of articles for which duty-free treatment may be requested under subsection (b), and developing, in consultation and coordination with any other appropriate officials of the Government of Haiti, a system to ensure participation by such producers in the TAICNAR Program described in paragraph (3);“(ii) overseeing the implementation of the TAICNAR Program described in paragraph (3);“(iii) receiving and investigating comments from any interested party regarding the conditions described in paragraph (3)(B) in facilities of producers listed in the registry described in clause (i) and, where appropriate, referring such comments or the result of such investigations to the appropriate Haitian authorities, or to the entity operating the TAICNAR Program described in paragraph (3);“(iv) assisting, in consultation and coordination with any other appropriate Haitian authorities, producers listed in the registry described in clause (i) in meeting the conditions set forth in paragraph (3)(B); and“(v) coordinating, with the assistance of the entity operating the TAICNAR Program described in paragraph (3), a tripartite committee comprised of appropriate representatives of government agencies, employers, and workers, as well as other relevant interested parties, for the purposes of evaluating progress in implementing the TAICNAR Program described in paragraph (3), and consulting on improving core labor standards and working conditions 122 STAT. 1542 in the textile and apparel sector in Haiti, and on other matters of common concern relating to such core labor standards and working conditions.“(3) Technical assistance improvement and compliance needs assessment and remediation program.—“(A) In general.—The requirement under this paragraph is that Haiti, in cooperation with the International Labor Organization, has established a Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program meeting the requirements under subparagraph (C)—“(i) to assess compliance by producers listed in the registry described in paragraph (2)(B)(i) with the conditions set forth in subparagraph (B) and to assist such producers in meeting such conditions; and“(ii) to provide assistance to improve the capacity of the Government of Haiti—“(I) to inspect facilities of producers listed in the registry described in paragraph (2)(B)(i); and“(II) to enforce national labor laws and resolve labor disputes, including through measures described in subparagraph (E).“(B) Conditions described.—The conditions referred to in subparagraph (A) are—“(i) compliance with core labor standards; and“(ii) compliance with the labor laws of Haiti that relate directly to core labor standards and to ensuring acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety.“(C) Requirements.—The requirements for the TAICNAR Program are that the program—“(i) be operated by the International Labor Organization (or any subdivision, instrumentality, or designee thereof), which prepares the biannual reports described in subparagraph (D);“(ii) be developed through a participatory process that includes the Labor Ombudsman described in paragraph (2) and appropriate representatives of government agencies, employers, and workers;“(iii) assess compliance by each producer listed in the registry described in paragraph (2)(B)(i) with the conditions set forth in subparagraph (B) and identify any deficiencies by such producer with respect to meeting such conditions, including by—“(I) conducting unannounced site visits to manufacturing facilities of the producer;“(II) conducting confidential interviews separately with workers and management of the facilities of the producer;“(III) providing to management and workers, and where applicable, worker organizations in the facilities of the producer, on a confidential basis—“(aa) the results of the assessment carried out under this clause; and“(bb) specific suggestions for remediating any such deficiencies;122 STAT. 1543“(iv) assist the producer in remediating any deficiencies identified under clause (iii);“(v) conduct prompt follow-up site visits to the facilities of the producer to assess progress on remediation of any deficiencies identified under clause (iii); and“(vi) provide training to workers and management of the producer, and where appropriate, to other persons or entities, to promote compliance with subparagraph (B).“(D) Biannual report.—The biannual reports referred to in subparagraph (C)(i) are a report, by the entity operating the TAICNAR Program, that is published (and available to the public in a readily accessible manner) on a biannual basis, beginning 6 months after Haiti implements the TAICNAR Program under this paragraph, covering the preceding 6-month period, and that includes the following:“(i) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having met the conditions under subparagraph (B).“(ii) The name of each producer listed in the registry described in paragraph (2)(B)(i) that has been identified as having deficiencies with respect to the conditions under subparagraph (B), and has failed to remedy such deficiencies.“(iii) For each producer listed under clause (ii)—“(I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the TAICNAR Program;“(II) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and“(III) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph.“(iv) For each producer identified as having deficiencies with respect to the conditions described under subparagraph (B) in a prior report under this subparagraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists.“(E) Capacity building.—The assistance to the Government of Haiti referred to in subparagraph (A)(ii) shall include programs—“(i) to review the labor laws and regulations of Haiti and to develop and implement strategies for bringing the laws and regulations into conformity with core labor standards;“(ii) to develop additional strategies for facilitating protection of core labor standards and providing acceptable conditions of work with respect to minimum 122 STAT. 1544 wages, hours of work, and occupational safety and health, including through legal, regulatory, and institutional reform;“(iii) to increase awareness of worker rights, including under core labor standards and national labor laws;“(iv) to promote consultation and cooperation between government representatives, employers, worker representatives, and United States importers on matters relating to core labor standards and national labor laws;“(v) to assist the Labor Ombudsman appointed pursuant to paragraph (2) in establishing and coordinating operation of the committee described in paragraph (2)(B)(v);“(vi) to assist worker representatives in more fully and effectively advocating on behalf of their members; and“(vii) to provide on-the-job training and technical assistance to labor inspectors, judicial officers, and other relevant personnel to build their capacity to enforce national labor laws and resolve labor disputes.“(4) Compliance with eligibility criteria.—“(A) Country compliance with worker rights eligibility criteria.—In making a determination of whether Haiti is meeting the requirement set forth in subsection (d)(1)(A)(vi) relating to internationally recognized worker rights, the President shall consider the reports produced under paragraph (3)(D).“(B) Producer eligibility.—“(i) Identification of producers.—Beginning in the second calendar year after the President makes the certification under paragraph (1)(A), the President shall identify on a biennial basis whether a producer listed in the registry described in paragraph (2)(B)(i) has failed to comply with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards.“(ii) Assistance to producers; withdrawal, etc., of preferential treatment.—For each producer that the President identifies under clause (i), the President shall seek to assist such producer in coming into compliance with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards. If such efforts fail, the President shall withdraw, suspend, or limit the application of preferential treatment under subsection (b) to articles of such producer.“(iii) Reinstating preferential treatment.—If the President, after withdrawing, suspending, or limiting the application of preferential treatment under clause (ii) to articles of a producer, determines that such producer is complying with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards, the President shall reinstate the application of preferential 122 STAT. 1545 treatment under subsection (b) to the articles of the producer.“(iv) Consideration of reports.—In making the identification under clause (i) and the determination under clause (iii), the President shall consider the reports made available under paragraph (3)(D).“(5) Reports by the president.—“(A) In general.—Not later than one year after the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this subsection during the preceding 1-year period.“(B) Matters to be included.—Each report required by subparagraph (A) shall include the following:“(i) An explanation of the efforts of Haiti, the President, and the International Labor Organization to carry out this subsection.“(ii) A summary of each report produced under paragraph (3)(D) during the preceding 1-year period and a summary of the findings contained in such report.“(iii) Identifications made under paragraph (4)(B)(i) and determinations made under paragraph (4)(B)(iii).“(6) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection the sum of $10,000,000 for the period beginning on October 1, 2008, and ending on September 30, 2013.”.