(3) to the extent feasible, place Afghanistan 
and Pakistan on the Electronic Visa (ELVIS) pro-
gram or relevant e-certification program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out subsection (c), there are authorized to be appropriated 
to U.S. Customs and Border Protection $10,000,000 for 
each of the fiscal years 2010 through 2023. 
SEC. 7. TECHNICAL ASSISTANCE, CAPACITY BUILDING, 
COMPLIANCE ASSESSMENT, AND REMEDI-
ATION PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Finance of the 
Senate and the Committee on Ways and Means of 
the House of Representatives. 
(2) TEXTILE OR APPAREL EXPORTING ENTER-
PRISE.—The term ‘‘textile or apparel exporting en-
terprise’’ means a producer of textile or apparel arti-
cles that is located in a Reconstruction Opportunity 
Zone and is seeking or receiving any benefits under 
section 5. 
(b) ELIGIBILITY.— 
(1) PRESIDENTIAL CERTIFICATION OF COMPLI-
ANCE
BY
AFGHANISTAN
OR
PAKISTAN
WITH
RE-
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QUIREMENTS.—Upon the expiration of the 16-month 
period beginning on the date on which the President 
notifies Congress of the President’s intention to des-
ignate an area within Afghanistan or Pakistan, as 
the case may be, as a Reconstruction Opportunity 
Zone under section 3, each Reconstruction Oppor-
tunity Zone in Afghanistan or Pakistan, as the case 
may be, shall continue to receive duty-free treatment 
under this Act only if the President determines and 
certifies to Congress that Afghanistan or Pakistan, 
as the case may be— 
(A) has implemented the requirements set 
forth in subsections (c) and (d); and 
(B) has agreed to require textile or apparel 
exporting enterprises to participate in the pro-
gram described in subsection (d) and has devel-
oped a system to ensure participation in such 
program by such enterprises, including by de-
veloping and maintaining the registry described 
in subsection (c)(2)(A). 
(2) EXTENSION.—The President may extend 
the period for compliance by Afghanistan or Paki-
stan under paragraph (1) if the President— 
(A) determines that Afghanistan or Paki-
stan, as the case may be, has made a good faith 
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effort toward such compliance and has agreed 
to take additional steps to come into full com-
pliance that are satisfactory to the President; 
and 
(B) provides to the appropriate congres-
sional committees, not later than 6 months 
after the last day of the 16-month period speci-
fied in paragraph (1), and every 6 months 
thereafter, a report identifying the steps that 
Afghanistan or Pakistan, as the case may be, 
has agreed to take to come into full compliance 
and the progress made over the preceding 6- 
month period in implementing such steps. 
(3) CONTINUING COMPLIANCE.— 
(A) 
TERMINATION
OF
PREFERENTIAL 
TREATMENT.—If, after making a certification 
under paragraph (1), the President determines 
that Afghanistan or Pakistan is no longer meet-
ing the requirements set forth in paragraph (1), 
the President shall terminate the eligibility of 
Afghanistan or Pakistan, as the case may be, 
provided under section 3(b), unless the Presi-
dent determines, after consulting with the ap-
propriate congressional committees, that meet-
ing such requirements is not practicable be-
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cause of extraordinary circumstances existing in 
Afghanistan or Pakistan, as the case may be, 
when the determination is made. 
(B) SUBSEQUENT
COMPLIANCE.—If the 
President, after terminating eligibility of Af-
ghanistan or Pakistan, as the case may be, 
under subparagraph (A), determines that Af-
ghanistan or Pakistan, as the case may be, is 
meeting the requirements set forth in para-
graph (1), the President shall reinstate the eli-
gibility of Afghanistan or Pakistan, as the case 
may be, under section 3(b). 
(c) LABOR OFFICIAL.— 
(1) IN GENERAL.—The requirement under this 
subsection is that Afghanistan or Pakistan, as the 
case may be, has designated a labor official within 
the national government that— 
(A) reports directly to the President of Af-
ghanistan or Pakistan, as the case may be; 
(B) is chosen by the President of Afghani-
stan or Pakistan, as the case may be, in con-
sultation with labor unions and industry asso-
ciations; and 
(C) is vested with the authority to perform 
the functions described in paragraph (2). 
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(2) FUNCTIONS.—The functions of the labor of-
ficial shall include— 
(A) developing and maintaining a registry 
of textile or apparel exporting enterprises, and 
developing, in consultation and coordination 
with any other appropriate officials of the Gov-
ernment of Afghanistan or Pakistan, as the 
case may be, a system to ensure participation 
by such enterprises in the program described in 
subsection (d); 
(B) overseeing the implementation of the 
program described in subsection (d); 
(C) receiving and investigating comments 
from any interested party regarding the condi-
tions described in subsection (d)(2) in facilities 
of textile or apparel exporting enterprises listed 
in the registry described in subparagraph (A) 
and, where appropriate, referring such com-
ments or the result of such investigations to the 
appropriate authorities of Afghanistan or Paki-
stan, as the case may be, or to the entity oper-
ating the program described in subsection (d); 
(D) assisting, in consultation and coordina-
tion with any other appropriate authorities Af-
ghanistan or Pakistan, as the case may be, tex-
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tile or apparel exporting enterprises listed in 
the registry described in subparagraph (A) in 
meeting the conditions set forth in subsection 
(d)(2); and 
(E) coordinating, with the assistance of the 
entity operating the program described in sub-
section (d), a tripartite committee comprised of 
appropriate representatives of government agen-
cies, employers, and workers, as well as other 
relevant interested parties, for the purposes of 
evaluating progress in implementing the pro-
gram described in subsection (d), and con-
sulting on improving core labor standards and 
working conditions in the textile and apparel 
sector in Afghanistan or Pakistan, as the case 
may be, and on other matters of common con-
cern relating to such core labor standards and 
working conditions. 
(d) TECHNICAL ASSISTANCE, CAPACITY BUILDING, 
COMPLIANCE
ASSESSMENT, AND
REMEDIATION
PRO-
GRAM.— 
(1) IN GENERAL.—The requirement under this 
subsection is that Afghanistan or Pakistan, as the 
case may be, in cooperation with the International 
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ensuring acceptable conditions of work with re-
spect to minimum wages, hours of work, and 
occupational health and safety. 
(3) REQUIREMENTS.—The requirements for the 
program are that the program— 
(A) be operated by the International Labor 
Organization (or any subdivision, instrumen-
tality, or designee thereof), which prepares the 
annual reports described in paragraph (4); 
(B) be developed through a participatory 
process that includes the labor official described 
in subsection (c) of Afghanistan or Pakistan, as 
the case may be, and appropriate representa-
tives of government agencies, employers, and 
workers; 
(C) assess compliance by each textile or 
apparel exporting enterprise listed in the reg-
istry described in subsection (c)(2)(A) with the 
conditions set forth in paragraph (2) and iden-
tify any deficiencies by such enterprise with re-
spect to meeting such conditions, including 
by— 
(i) conducting site visits to facilities of 
the enterprise; 
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(ii) conducting confidential interviews 
with workers and management of the fa-
cilities of the enterprise; and 
(iii) providing to management and 
workers, and where applicable, worker or-
ganizations in the enterprise, on a con-
fidential basis— 
(I) the results of the assessment 
carried out under this subparagraph; 
and 
(II) specific suggestions for reme-
diating any such deficiencies; 
(D) assist the textile or apparel exporting 
enterprise in remediating any deficiencies iden-
tified under subparagraph (C); 
(E) 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 
(F) provide training to workers and man-
agement of the textile or apparel exporting en-
terprise, and where appropriate, to other per-
sons or entities, to promote compliance with 
paragraph (2). 
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(4) ANNUAL REPORT.—The annual reports re-
ferred to in paragraph (3)(A) are a report, by the 
entity operating the program, that is published (and 
available to the public in a readily accessible man-
ner) on an annual basis, beginning 1 year after Af-
ghanistan or Pakistan, as the case may be, has im-
plemented the program under this subsection, cov-
ering the preceding 1-year period, and that includes 
the following: 
(A) The name of each textile or apparel ex-
porting enterprise listed in the registry de-
scribed in subsection (c)(2)(A) that has been 
identified as having met the conditions under 
paragraph (2). 
(B) The name of each textile or apparel 
exporting enterprise listed in the registry de-
scribed in subsection (c)(2)(A) that has been 
identified as having deficiencies with respect to 
the conditions under paragraph (2), and has 
failed to remedy such deficiencies. 
(C) For each textile or apparel exporting 
enterprise listed under subparagraph (B)— 
(i) a description of the deficiencies 
found to exist and the specific suggestions 
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for remediating such deficiencies made by 
the entity operating the program; 
(ii) a description of the efforts by the 
enterprise to remediate the deficiencies, in-
cluding 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. 
(D) For each textile or apparel exporting 
enterprise identified as having deficiencies with 
respect to the conditions described under para-
graph (2) in a prior report under this para-
graph, a description of the progress made in re-
mediating such deficiencies since the submission 
of the prior report, and an assessment of 
whether any aspect of such deficiencies persists. 
(5) CAPACITY
BUILDING.—The assistance to 
the Government of Afghanistan or Pakistan referred 
to in paragraph (1)(B) shall include programs— 
(A) to review the labor laws and regula-
tions of Afghanistan or Pakistan, as the case 
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may be, and to develop and implement strate-
gies for improving labor laws and regulations; 
(B) to develop additional strategies for fa-
cilitating protection of core labor standards and 
providing acceptable conditions of work with re-
spect to minimum wages, hours of work, and 
occupational 
safety 
and 
health, 
including 
through legal, regulatory, and institutional re-
form; 
(C) to increase awareness of core labor 
standards and national labor laws; 
(D) to promote consultation and coopera-
tion between government representatives, em-
ployers, worker representatives, and United 
States importers on matters relating to core 
labor standards and national labor laws; 
(E) to assist the labor official of Afghani-
stan or Pakistan, as the case may be, des-
ignated pursuant to subsection (c) in estab-
lishing and coordinating operation of the com-
mittee described in subsection (c)(2)(E); 
(F) to assist worker representatives in 
more fully and effectively advocating on behalf 
of their members; and 
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(G) 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. 
(e) COMPLIANCE WITH ELIGIBILITY CRITERIA.— 
(1) COUNTRY COMPLIANCE WITH CORE LABOR 
STANDARDS
ELIGIBILITY
CRITERIA.—In making a 
determination of whether Afghanistan or Pakistan is 
meeting the requirement set forth in section 
3(b)(1)(E) relating to core labor standards, the 
President shall consider the reports produced under 
subsection (d)(4). 
(2) ENTERPRISE ELIGIBILITY.— 
(A) IDENTIFICATION OF PRODUCERS.—Be-
ginning 2 years after the President makes the 
certification under subsection (b)(1), the Presi-
dent shall identify on a biennial basis 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 with the labor laws of Afghanistan or Paki-
stan, as the case may be, that directly relate to 
and are consistent with core labor standards. 
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(B) ASSISTANCE TO ENTERPRISES; WITH-
DRAWAL, 
ETC., 
OF
PREFERENTIAL
TREAT-
MENT.—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 with the labor 
laws of Afghanistan or Pakistan, as the case 
may be, that directly relate to and are con-
sistent with core labor standards. If such ef-
forts fail, the President shall withdraw, sus-
pend, or limit the application of preferential 
treatment under section 5 to articles of such 
enterprise. 
(C) REINSTATING PREFERENTIAL TREAT-
MENT.—If the President, after withdrawing, 
suspending, or limiting the application of pref-
erential treatment under subparagraph (B) to 
articles of a textile or apparel exporting enter-
prise, determines that such enterprise is com-
plying with core labor standards and with the 
labor laws of Afghanistan or Pakistan, as the 
case may be, that directly relate to and are con-
sistent with core labor standards, the President 
shall reinstate the application of preferential 
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treatment under section 5 to the articles of the 
enterprise. 
(D) CONSIDERATION
OF
REPORTS.—In 
making the identification under subparagraph 
(A) and the determination under subparagraph 
(C), the President shall consider the reports 
made available under subsection (d)(4). 
(f) REPORTS BY THE PRESIDENT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter, the President shall transmit to the 
appropriate congressional committees a report on 
the implementation of this section during the pre-
ceding 1-year period. 
(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall include the fol-
lowing: 
(A) An explanation of the efforts of Af-
ghanistan and Pakistan, the President, and the 
International Labor Organization to carry out 
this section. 
(B) A summary of each report produced 
under subsection (d)(4) during the preceding 1- 
year period and a summary of the findings con-
tained in such report. 
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(C) Identifications made under subsection 
(e)(2)(A) and determinations made under sub-
section (e)(2)(C). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000 for the period beginning on October 1, 2009, 
and ending on September 30, 2014. 
SEC. 8. PETITION PROCESS. 
Any interested party may file a request to have the 
status of Afghanistan or Pakistan reviewed with respect 
to the eligibility requirements listed in this Act, and the 
President shall provide for this purpose the same proce-
dures as those that are provided for reviewing the status 
of eligible beneficiary developing countries with respect to 
the designation criteria listed in subsections (b) and (c) 
of section 502 of the Trade Act of 1974 (19 U.S.C. 2642 
(b) and (c)). 
SEC. 9. LIMITATIONS ON PROVIDING DUTY-FREE TREAT-
MENT. 
(a) IN GENERAL.— 
(1) PROCLAMATION.—Except as provided in 
paragraph (2), and subject to subsection (b) and the 
conditions described in sections 3 through 7, the 
President shall exercise the President’s authority 
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under this Act, and the President shall proclaim any 
duty-free treatment pursuant to that authority. 
(2) WAIVER.—The President may waive the ap-
plication of duty-free treatment under this Act with 
respect to Reconstruction Opportunity Zones in Af-
ghanistan and Pakistan or enterprises receiving ben-
efits under section 4 or 5 if the President deter-
mines that providing such treatment is inconsistent 
with the national interests of the United States. In 
making such determination, the President shall con-
sider— 
(A) obligations of the United States under 
international agreements; 
(B) the national economic interests of the 
United States; and 
(C) the foreign policy interests of the 
United States, including the economic develop-
ment of Afghanistan and the border region of 
Pakistan. 
(b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF 
DUTY-FREE TREATMENT.—The President may withdraw, 
suspend, or limit the application of the duty-free treat-
ment proclaimed under this Act. In taking any action to 
withdraw, suspend, or limit duty-free treatment with re-
spect to Reconstruction Opportunity Zones in Afghanistan 
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and Pakistan or enterprises receiving benefits under sec-
tion 4 or 5, the President shall consider the factors set 
forth in section 3 (b) and (c) of this Act, and section 502 
(b) and (c) of the Trade Act of 1974 (19 U.S.C. 2462 
(b) and (c)). In taking any action to withdraw, suspend, 
or limit duty-free treatment with respect to enterprises re-
ceiving benefits under section 4 or 5, the President shall 
consider the information described in section 3(d) relating 
to verification of the ownership and nature of the activities 
of such enterprises and any other relevant information the 
President determines to be appropriate. 
(c) NOTICE TO CONGRESS.—The President shall ad-
vise Congress— 
(1) of any action the President takes to with-
draw, suspend, or limit the application of duty-free 
treatment with respect to Reconstruction Oppor-
tunity Zones in Afghanistan or Pakistan or enter-
prises receiving benefits under section 4 or 5; and 
(2) if either Afghanistan or Pakistan fails to 
adequately take the actions described in section 3 
(b) and (c) of this Act or section 502 (b) and (c) 
of the Trade Act of 1974. 
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SEC. 10. TERMINATION OF BENEFITS. 
Duty-free treatment provided under this Act shall re-
main in effect through September 30, 2024. 
Æ 
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