Sec. 8. Technical assistance, capacity building, compliance assessment, and remediation program
2,044 words·~9 min read·
/bill/117/s/1481/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: 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. The term textile or apparel exporting enterprise means a producer of textile or apparel articles that is located in a Reconstruction Opportunity Zone and is seeking or receiving any duty-free treatment for articles under section 6. Upon the expiration of the 24-month period beginning on the date on which the President notifies Congress of the President’s intention to designate an area within Pakistan or Afghanistan as a Reconstruction Opportunity Zone under section 4, duty-free treatment shall continue to apply under this Act only if the President determines and certifies to Congress that the Government of Pakistan or Afghanistan, as the case may be— has implemented the requirements set forth in subsections
(c)and (d); and has agreed to require textile or apparel exporting enterprises to participate in the program described in subsection
(d)and has developed a system to ensure participation in such program by such enterprises, including by developing and maintaining the registry described in subsection (c)(2)(A). The President may extend the period for compliance by Pakistan or Afghanistan under paragraph
(1)if the President— determines that the Government of Pakistan or Afghanistan, as the case may be, has made a good faith effort toward such compliance and has agreed to take additional actions to come into full compliance that are satisfactory to the President; and not later than 180 days after the last day of the 24-month period specified in paragraph (1), and every 180 days thereafter, submits to the appropriate congressional committees a report identifying— the actions that the Government of Pakistan or Afghanistan, as the case may be, has agreed to take to come into full compliance under paragraph (1); and the progress made over the preceding 180-day period in implementing such actions. If, after making a certification under paragraph (1), the President determines that Pakistan or Afghanistan is no longer meeting the requirements set forth in paragraph (1), the President shall terminate the eligibility of Pakistan or Afghanistan, as the case may be, provided under section 4(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 Pakistan or Afghanistan, as the case may be, when the determination is made. If, after terminating the eligibility of Pakistan or Afghanistan under subparagraph (A), the President determines that Pakistan or Afghanistan, as the case may be, is meeting the requirements set forth in paragraph (1), the President shall reinstate the eligibility of Pakistan or Afghanistan, as the case may be, under section 4(b). The governments of Pakistan and Afghanistan shall designate a labor official within that Government who— reports directly to the President of Pakistan or Afghanistan, as the case may be; is chosen by the President of Pakistan or Afghanistan, as the case may be, in consultation with labor unions and industry associations; and is vested with the authority to perform the functions described in paragraph (2). The functions of the labor official designated under paragraph
(1)shall include— developing and maintaining a registry of textile or apparel exporting enterprises, and developing, in consultation and coordination with any other appropriate officials of the Government of Pakistan or Afghanistan, as the case may be, a system to ensure participation by such enterprises in the program described in subsection (d); overseeing the implementation of the program described in subsection (d); receiving and investigating comments from any interested party regarding the conditions described in subsection (d)(2) in facilities of textile or apparel exporting enterprises listed in the registry described in subparagraph
(A)and, as appropriate, referring such comments or the result of such investigations to the appropriate authorities of Pakistan or Afghanistan, as the case may be, or to the entity operating the program described in subsection (d); assisting, in consultation and coordination with any other appropriate authorities of Pakistan or Afghanistan, as the case may be, textile or apparel exporting enterprises listed in the registry described in subparagraph
(A)in meeting the conditions described in subsection (d)(2); and coordinating, with the assistance of the entity operating the program described in subsection (d), a 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 program described in subsection (d); and consulting on improving core labor standards and working conditions in the textile and apparel sector in Pakistan or Afghanistan, as the case may be, and on other matters of common concern relating to such core labor standards and working conditions. The governments of Pakistan and Afghanistan, in cooperation with the International Labour Organization, shall each establish a program meeting the requirements under paragraph (3)— to assess compliance by textile or apparel exporting enterprises listed in the registry described in subsection (c)(2)(A) with the conditions described in paragraph
(2)and to assist such enterprises in meeting such conditions; and to provide assistance to improve the capacity of that government— to inspect facilities of textile or apparel exporting enterprises listed in the registry described in subsection (c)(2)(A); and to enforce national labor laws and resolve labor disputes, including through measures described in paragraph (5). The conditions described in this paragraph are— compliance with core labor standards; and compliance with the labor laws of Pakistan or Afghanistan, as the case may be, 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. The program established under paragraph
(1)shall— be operated by the International Labour Organization (or any subdivision, instrumentality, or designee thereof) that publishes annual reports in accordance with paragraph (4); be developed through a participatory process that includes the labor official designated pursuant to subsection
(c)and appropriate representatives of government agencies, employers, and workers; assess compliance by each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) with the conditions described in paragraph
(2)and identify any deficiencies by such enterprise with respect to meeting such conditions, including— by conducting site visits to facilities of the enterprise; by conducting confidential interviews with workers and management of the facilities of the enterprise; and by providing to management and workers, and as applicable, worker organizations in the enterprise, on a confidential basis— the results of the assessment carried out under this subparagraph; and specific suggestions for remediating any such deficiencies; assist the textile or apparel exporting enterprise in remediating any deficiencies identified under subparagraph (C); conduct prompt follow-up site visits to the facilities of the textile or apparel exporting enterprise to assess progress on remediation of any deficiencies identified under subparagraph (C); and provide training to workers and management of the textile or apparel exporting enterprise, and as appropriate, to other persons or entities, to promote compliance with the conditions described in paragraph (2). Not later than 1 year after the date on which Pakistan or Afghanistan, as the case may be, has implemented the program under this subsection, and annually thereafter, the entity operating the program shall publish a report, covering the preceding 1-year period, that includes the following: The name of each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) that has been identified as having met the conditions described in paragraph (2). The name of each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) that has been identified as having deficiencies with respect to the conditions set forth in paragraph (2), and has failed to remedy such deficiencies. For each textile or apparel exporting enterprise listed under clause (ii)— a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the program; a description of the efforts by the enterprise to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and 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. For each textile or apparel exporting enterprise identified as having deficiencies with respect to the conditions described in paragraph
(2)in a previous report under this subparagraph— a description of the progress made in remediating such deficiencies since the submission of the previous report; and an assessment of whether any aspect of such deficiencies persists. Each report required by subparagraph
(A)shall be made available to the public in a readily accessible manner. The assistance to the governments of Pakistan and Afghanistan referred to in paragraph (1)(B) shall include programs— to review the labor laws and regulations of Pakistan and Afghanistan and to develop and implement strategies for improving labor laws and regulations; to develop additional strategies for facilitating protection of core labor standards and providing acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, including through legal, regulatory, and institutional reform; to increase awareness of core labor standards and national labor laws; 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; to assist the labor official designated pursuant to subsection
(c)in establishing and coordinating operation of the committee described in subsection (c)(2)(E); to assist worker representatives in more fully and effectively advocating on behalf of members; and to provide on-the-job training and technical assistance to labor inspectors, judicial officers, and other relevant personnel to build capacity to enforce national labor laws and resolve labor disputes. In making a determination of whether Pakistan or Afghanistan, as the case may be, is meeting the requirement set forth in section 4(b)(1)(E) relating to core labor standards, the President shall consider the reports required by subsection (d)(4). Not later than 2 years after the date on which the President makes the certification under subsection (b)(1), and every 2 years thereafter, the President shall identify whether a textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) has failed to comply with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, that directly relate to and are consistent with core labor standards. For each textile or apparel exporting enterprise that the President identifies under subparagraph (A), the President shall seek to assist such enterprise in coming into compliance with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, 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 duty-free treatment under section 6 to articles of such enterprise. If, after withdrawing, suspending, or limiting the application of duty-free treatment under subparagraph
(B)to articles of a textile or apparel exporting enterprise, the President determines that such enterprise is complying with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, that directly relate to and are consistent with core labor standards, the President shall reinstate the application of duty-free treatment under section 6 to the articles of the enterprise. In making the identification under subparagraph
(A)and the determination under subparagraph (C), the President shall consider the reports required by subsection (d)(4). Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section during the preceding 1-year period. Each report required by paragraph
(1)shall include the following: An explanation of the efforts of the governments of Pakistan and Afghanistan, the President, and the International Labour Organization to carry out this section. A summary of each report required by (d)(4) during the preceding 1-year period and a summary of the findings contained in such report. Identifications made under subsection (e)(2)(A) and determinations made under subsection (e)(2)(C). There is authorized to be appropriated to carry out this section $20,000,000 for the period beginning on October 1, 2021, and ending on September 30, 2031.