calendar no. 468 th d congress session s. 3317 · 2017. 5. 11. · ii calendar no. 468 111th...

II

Calendar No. 468 111TH CONGRESS

2D SESSION S. 3317 [Report No. 111–225]

To authorize appropriations for fiscal years 2010 through 2014 to promote

long-term, sustainable rebuilding and development in Haiti, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 5, 2010

Mr. KERRY (for himself, Mr. CORKER, Mr. CARDIN, Mr. DURBIN, Ms.

LANDRIEU, and Ms. STABENOW) introduced the following bill; which was

read twice and referred to the Committee on Foreign Relations

JULY 19, 2010

Reported by Mr. KERRY, with amendments and an amendment to the title

[Omit the part struck through and insert the part printed in italic]

A BILL To authorize appropriations for fiscal years 2010 through

2014 to promote long-term, sustainable rebuilding and

development in Haiti, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

VerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317srob

inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

2

•S 3317 RS

SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Haiti Empowerment, 2

Assistance, and Rebuilding Act of 2010’’. 3

SEC. 2. FINDINGS. 4

Congress makes the following findings: 5

(1) On January 12, 2010, Haiti suffered an 6

earthquake measuring 7.0 on the Richter magnitude 7

scale, the greatest natural disaster in Haiti’s history, 8

which— 9

(A) devastated Port-au-Prince and the sur-10

rounding areas; 11

(B) killed more than 230,000 people; 12

(C) injured hundreds of thousands more 13

people; 14

(D) left many hundreds of thousands of 15

people homeless; 16

(E) left many people with newly acquired 17

disabilities, including limb loss and other phys-18

ical and mental trauma; and 19

(F) disrupted social structures and families 20

through death, injury, and relocation. 21

(2) The scale of the initial relief effort was un-22

precedented, with many countries, hundreds of orga-23

nizations, and thousands of people generously con-24

tributing to a massive influx of supplies, resources, 25

and personnel to support search and rescue oper-26


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

3

•S 3317 RS

ations and humanitarian assistance, underlying one 1

of the most effective relief efforts in history. 2

(3) Prior to the earthquake, Haiti was the poor-3

est country in the Western Hemisphere, with— 4

(A) an estimated 54 percent of its popu-5

lation living on less than $1 per day; 6

(B) approximately 120,000 people living 7

with HIV; 8

(C) 29,333 new cases of tuberculosis in 9

2007; 10

(D) nearly 50,000 children living in or-11

phanages; 12

(E) 55 percent of school-aged children not 13

attending school; and 14

(F) an estimated 800,000 people with dis-15

abilities. 16

(4) Despite these challenges, cautious signs of 17

developmental progress and stability were beginning 18

to emerge in Haiti before the earthquake after years 19

of security challenges and natural disasters that 20

weakened the economy and slowed the consolidation 21

of democracy and good governance. 22

(5) Although initial recovery efforts must con-23

tinue to assist the people of Haiti struggling to se-24

cure basic necessities, including food, water, health 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

4

•S 3317 RS

care, shelter, and electricity, Haiti cannot afford to 1

only focus on its immediate needs. 2

(6) Haiti’s leaders have advocated that— 3

(A) reconstruction should not follow the in-4

efficient and poorly coordinated practices of the 5

past, but should build back better; and 6

(B) Haitians should be assisted and sup-7

ported in accelerating and implementing long- 8

planned reforms and new ways of doing busi-9

ness in every sector. 10

(7) Haiti enjoys several advantages that can fa-11

cilitate its rebuilding, including— 12

(A) people committed to education and 13

hard work; 14

(B) proximity and duty-free access to 15

United States markets; 16

(C) a large, hardworking North American 17

diaspora, which remits generous amounts of 18

money back to Haiti every year; and 19

(D) many regional neighbors who are 20

peaceful, prosperous, and supportive of Haiti’s 21

success. 22

(8) The experiences of other countries that have 23

successfully recovered from serious natural disasters 24

confirm that— 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

5

•S 3317 RS

(A) when the people and other civil society 1

actors in an affected country play a significant 2

role in the design and execution of the rebuild-3

ing efforts, the efforts are often more sustain-4

able and more in line with the needs and aspi-5

rations of local populations; 6

(B) when the government of the affected 7

country plays a leading role in the planning and 8

execution of the rebuilding efforts, there is a 9

higher probability of reforms being long-lasting 10

and coordinated with the long-term planning 11

and development efforts of the affected country; 12

(C) every effort should be made to incor-13

porate, at the earliest time possible, market- 14

based employment and economic development 15

opportunities to allow people to take ownership 16

of their long-term self sufficiency; 17

(D) stability and security are essential pre-18

conditions to longer-term development; 19

(E) high quality, public funded education is 20

critical to securing a better future for the peo-21

ple in the affected country; 22

(F) removing gender disparities spurs mac-23

roeconomic growth; and 24


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

6

•S 3317 RS

(G) projects that integrate gender are 1

more likely to achieve their overall goals. 2

(9) Employment is essential to breaking the vi-3

cious cycle of poverty, insecurity, and lack of faith 4

in democracy. 5

(10) In addition to providing emergency assist-6

ance and relief, the Government of Haiti must grap-7

ple with the longer-term issues of how to— 8

(A) provide permanent, sustainable shelter 9

to an estimated 1,300,000 Haitians displaced 10

by the earthquake; 11

(B) ensure that communities are at the 12

center of the rebuilding process, by employing 13

local labor and consulting with local leaders and 14

communities; 15

(C) provide health care in a sustainable 16

and comprehensive manner that is accessible to 17

all Haitians; and 18

(D) provide all children with access to edu-19

cation. 20

(11) The impact of natural disaster on Haiti is 21

exacerbated by— 22

(A) the lack of enforcement of earthquake- 23

resistant construction procedures, weak building 24

codes, and massive private sector economic 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

7

•S 3317 RS

losses that hinder the ability of people to pur-1

chase materials of sufficient quality to rebuild 2

existing buildings; 3

(B) a government that has long struggled 4

to provide its people with minimal public serv-5

ices, including security, clean water, shelter, 6

electricity, health care, and education; and 7

(C) underinvestment in infrastructure and 8

development in rural areas and secondary cities 9

outside of Port-au-Prince. 10

(12) Assistance to Haiti should be delivered in 11

a manner that enhances the ability of the Govern-12

ment of Haiti to improve democratic, transparent 13

governance and to use credible government institu-14

tions to provide services to its people. 15

(13) Local communities should play a central 16

role in the rebuilding of Haiti, while the national re-17

covery process is led by the Government of Haiti in 18

such a way that foreign assistance upholds the pri-19

macy of Haitian government institutions in the re-20

building effort. 21

(14) International donors and nongovernmental 22

organizations— 23

(A) have a responsibility to support the 24

Government of Haiti in its rebuilding efforts; 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

8

•S 3317 RS

(B) are critical to the success of the recov-1

ery and reconstruction efforts; 2

(C) are key to the provision of services in 3

the near term; 4

(D) can build capacity for national institu-5

tions, both governmental and nongovernmental, 6

to take over the management and provision of 7

essential services over the medium term; 8

(E) should support and encourage rebuild-9

ing and development of programs which are en-10

vironmentally sustainable and respectful and re-11

storative of Haiti’s natural resources; 12

(F) should work with the Government of 13

Haiti to improve the educational system and to 14

ensure that all children have access to an edu-15

cation; and 16

(G) should work with the Government of 17

Haiti and the international community to better 18

predict, anticipate, and protect against future 19

disasters. 20

(15) The circumstances following the earth-21

quake in Haiti provide a real opportunity for 22

Haiti— 23


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

9

•S 3317 RS

(A) to break the cycle of poverty and unre-1

alized expectations that has marked Haiti’s his-2

tory; and 3

(B) to establish a new framework for sus-4

tained economic development through a commit-5

ment of engagement from the United States, 6

other donors, and multilateral organizations to 7

support the Government of Haiti and the Hai-8

tian people as they undertake the long rebuild-9

ing process. 10

SEC. 3. DEFINITIONS. 11

In this Act: 12

(1) AGENCY.—The term ‘‘agency’’ has the 13

meaning given the term in section 551(1) of title 5, 14

United States Code. 15

(2) APPROPRIATE CONGRESSIONAL COMMIT-16

TEES.—The term ‘‘appropriate congressional com-17

mittees’’ means the Committee on Foreign Relations 18

of the Senate and the Committee on Foreign Affairs 19

of the House of Representatives. 20

(3) HAITI REBUILDING AND DEVELOPMENT 21

STRATEGY; STRATEGY.—The terms ‘‘Haiti Rebuild-22

ing and Development Strategy’’ and ‘‘Strategy’’ 23

mean the multi-year strategy to provide assistance in 24


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

10

•S 3317 RS

support of the reconstruction and rebuilding of Haiti 1

prepared pursuant to section 6. 2

(4) SENIOR HAITI COORDINATOR.—The term 3

‘‘Senior Haiti Coordinator’’ means the Senior Coor-4

dinator of the United States Government for Haiti 5

appointed pursuant to section 5. 6

SEC. 4. STATEMENT OF POLICY. 7

It is the policy of the United States, in partnership 8

with the Government of Haiti and in coordination with 9

the international community, to— 10

(1) support the sustainable recovery and re-11

building of Haiti in a manner that— 12

(A) encourages greater economic equality; 13

(B) embraces Haitian independence, self- 14

reliance, democratic governance, and efficiency; 15

(C) supports collaboration with the Haitian 16

government and consultation with Haitian and 17

international civil society; and 18

(D) incorporates the potential of both 19

women and men to contribute equally and to 20

their maximum efficiency; 21

(2) affirm and build a long-term partnership 22

with Haiti in support of— 23

(A) just, democratic, and competent gov-24

ernance including— 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

11

•S 3317 RS

(i) an independent, efficient, and ef-1

fective judicial system; 2

(ii) parliamentary strengthening; 3

(iii) political pluralism, equality, and 4

the rule of law; 5

(iv) civil society, governance institu-6

tions, and political parties that are rep-7

resentative and peaceful; 8

(v) transparency and accountability 9

among all branches of government and ju-10

dicial proceedings, including supporting 11

anti-corruption efforts among bureaucrats, 12

elected officials, and public servants at all 13

levels of security and government adminis-14

tration; and 15

(vi) security, by— 16

(I) ensuring legitimate state ef-17

forts to prevent and respond to crime, 18

especially violence; 19

(II) instilling public order and 20

confidence in, and increasing the ca-21

pacity of, Haitian security institu-22

tions; and 23


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

12

•S 3317 RS

(III) reforming local and national 1

police forces through professional 2

training and equipment; 3

(B) providing a foundation for economic 4

growth and economic sustainability, through in-5

vestments— 6

(i) in essential infrastructure, includ-7

ing transport and energy; 8

(ii) in sustainable urban development 9

and improved urban management by iden-10

tifying, developing, and implementing a 11

long-term, sustainable framework for fu-12

ture growth and development in urban 13

areas that will ensure appropriate environ-14

mental and resource management, appro-15

priate disaster response plans, and expand 16

access to basic shelter, affordable urban 17

housing, energy, clean water, sanitation 18

services, and essential urban services and 19

infrastructure; 20

(iii) to rebuild Haiti’s competitiveness 21

and private sector in order to foster em-22

ployment generation, including policies to 23

encourage investment and open world con-24

sumer markets to Haitian exports; 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

13

•S 3317 RS

(iv) in food security and rural and ag-1

ricultural development, particularly of food 2

staples and other crops that provide eco-3

nomic growth and income opportunities in 4

times of shortage; and 5

(v) that recognize and address where 6

obstacles related to gender limit, hinder, or 7

suppress women’s economic productivity 8

and gain; 9

(C) environmentally sustainable programs 10

that are respectful and restorative of Haiti’s 11

natural resources and build community-level re-12

silience to environmental and weather-related 13

impacts, including— 14

(i) programs to reduce and mitigate 15

the effects of natural disaster, including 16

floods and hurricanes; 17

(ii) programs to address land use, 18

land tenure, land for reconstruction, and 19

land price escalation issues; 20

(iii) programs and associated support 21

to reduce deforestation and increase the 22

rates of afforestation and reforestation in 23

Haiti, including through diversification of 24

Haiti’s energy sources; and 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

14

•S 3317 RS

(iv) programs to address safe drinking 1

water, sanitation, hygiene, water resource 2

management, and other water related 3

issues; 4

(D) investments in people, particularly 5

women and children, including— 6

(i) supporting the Government of 7

Haiti, in coordination with nongovern-8

mental education providers, to rehabilitate 9

and improve Haiti’s education sector with 10

the goal of providing access to quality edu-11

cation for all children; 12

(ii) ensuring that women’s needs are 13

appropriately integrated across all sectors, 14

including governance, security, and devel-15

opment, and in program assessment, de-16

sign, implementation, monitoring, and eval-17

uation, with a goal of promoting access, in-18

clusion, and empowerment; 19

(iii) health care delivery and capacity 20

building to strengthen the overall health 21

care system; 22

(iv) supporting programs, activities, 23

and initiatives that provide or promote 24

equal opportunity, full participation, inde-25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

15

•S 3317 RS

pendent living, and economic self-suffi-1

ciency for individuals with disabilities; and 2

(v) strengthening the child welfare 3

system— 4

(I) to ensure the protection of 5

children from violence, abuse, exploi-6

tation, trafficking, and neglect; 7

(II) to support family preserva-8

tion and reunification and prevent 9

child abandonment, to the extent pos-10

sible; 11

(III) to ensure that children 12

without permanent family care receive 13

safe, developmentally appropriate 14

care, including children in foster, resi-15

dential, or institutional care;; and, 16

(IV) to ensure that children who 17

cannot be reunified with family have 18

access to family-based care through 19

kinship, guardianship, domestic adop-20

tion, or, in appropriate cases, inter-21

national adoption; and 22

(V) to end the practice and ex-23

ploitation of child domestic servants 24

(referred to in Haiti as ‘‘restaveks’’), 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

16

•S 3317 RS

by offering families education, sup-1

port, and alternatives; 2

(3) support, pursuant to the strategic objectives 3

in paragraph (2) and in coordination with other do-4

nors— 5

(A) the institutional development and ca-6

pacity building of the Government of Haiti at 7

the national, local, and community levels so 8

that the Government of Haiti— 9

(i) can better ensure basic services to 10

its population, including health care, edu-11

cation, and other basic social services; and 12

(ii) will be an effective steward of 13

state resources through a transparent 14

process of equitable resource allocation 15

that includes a broad range of participa-16

tion from Haitian civil society; 17

(B) Haitian civil society organizations that 18

are committed to making a positive contribution 19

to the rebuilding and sustainable development 20

of Haiti; 21

(C) people-to-people engagement between 22

the United States and Haiti, through increased 23

educational, technical, and cultural exchanges 24

and other methods; 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

17

•S 3317 RS

(D) significant contributions to a multilat-1

eral trust fund that will be established to en-2

hance the reconstruction and rebuilding of 3

Haiti; and 4

(E) a Haitian government budget that is 5

appropriately sized to fulfill the functions ex-6

pected of the budget for the delivery of essential 7

public services, including arrangements to en-8

sure transparency and accountability for the 9

funds provided to the budget of the Haitian 10

government; and 11

(4) promote development and rebuilding efforts 12

in Haiti that are led by, and in support of, all levels 13

of government in Haiti, including national and local 14

governments, so that— 15

(A) the Government and people of Haiti 16

lead the vision for reconstruction and rebuilding 17

of Haiti; 18

(B) resources are channeled in concrete 19

and specific ways toward key sectoral objectives 20

identified by the Government of Haiti and its 21

people; 22

(C) feasible steps are taken to recognize 23

and rectify the social injustice of poverty and 24

gender inequality and to decrease the vulner-25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

18

•S 3317 RS

ability of the poor, including poor families, 1

through job creation, access to education, the 2

provision of health care, the provision of safe 3

shelter and settlements, and food security; 4

(D) communities are placed at the center 5

of the rebuilding process, by employing local 6

labor and consulting local leaders and commu-7

nities for their experience and vision; 8

(E) rebuilding and development programs 9

are environmentally sustainable and respectful 10

and restorative of Haiti’s natural resources; and 11

(F) the Haiti Rebuilding and Development 12

Strategy builds from and supports— 13

(i) existing assessments for Haiti, in-14

cluding the Post Disaster Needs Assess-15

ment; 16

(ii) the Government of Haiti’s Action 17

Plan for the Reconstruction and National 18

Development of Haiti; 19

(iii) other existing development plans 20

for Haiti, including the Poverty Reduction 21

Strategy Paper for Haiti; and 22

(iv) shared principles in the Paris 23

Declaration on Aid Effectiveness and the 24

Accra Agenda for Action. 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

19

•S 3317 RS

SEC. 5. SENIOR HAITI COORDINATOR. 1

(a) IN GENERAL.—There shall be established within 2

the Department of State a Senior Coordinator of the 3

United States Government for Haiti, who— 4

(1) shall be appointed by the President; and 5

(2) shall report directly to the Secretary of 6

State, in consultation with the Administrator of the 7

United States Agency for International Develop-8

ment. 9

(b) DUTIES.— 10

(1) IN GENERAL.—The Senior Haiti Coordi-11

nator shall advise, oversee, and coordinate all poli-12

cies of the United States Government related to 13

Haiti. 14

(2) SPECIFIC DUTIES.—The Senior Haiti Coor-15

dinator shall— 16

(A) ensure interagency program and policy 17

coordination towards Haiti among relevant 18

agencies; 19

(B) help devise, promote and participate 20

in, in coordination with the Chief of Mission, ef-21

fective international donor coordination mecha-22

nisms; 23

(C) ensure that each relevant agency un-24

dertakes programs primarily in those areas in 25

which the agency has the greatest expertise, 26


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

20

•S 3317 RS

technical capabilities, and potential for success; 1

and 2

(D) provide input to the Administrator of 3

the United States Agency for International De-4

velopment in the design of the Haiti Rebuilding 5

and Development Strategy. 6

(c) EFFECTIVE DATE.—This section shall be effective 7

during the 5-year period beginning on the date of the en-8

actment of this Act. 9

SEC. 6. HAITI REBUILDING AND DEVELOPMENT STRATEGY. 10

(a) IN GENERAL.—The Administrator of the United 11

States Agency for International Development, with input 12

provided by the Senior Haiti Coordinator, shall prepare 13

and submit to the appropriate congressional committees 14

a multi-year strategy to provide assistance in support of 15

the reconstruction and rebuilding of Haiti. 16

(b) COMPONENTS.—The Haiti Rebuilding and Devel-17

opment Strategy shall— 18

(1) include— 19

(A) specific and measurable goals; 20

(B) benchmarks and time frames; 21

(C) an implementation plan to achieve the 22

policy objectives set forth in section 4; and 23

(D) a detailed monitoring and evaluation 24

plan tied to measurable indicators addressing 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

21

•S 3317 RS

progress toward achieving those policy objec-1

tives, including impact evaluations of United 2

States assistance to Haiti; and 3

(2) to the greatest extent possible— 4

(A) leverage private sector resources 5

through different agencies, including assistance 6

that allows Haiti to make greater use of the 7

trade preferences provided under section 213A 8

of the Caribbean Basin Economic Recovery Act 9

(19 U.S.C. 2703a) (as added by the Haitian 10

Hemispheric Opportunity Through Partnership 11

Act of 2006 (title V of division D of Public Law 12

109–432; 120 Stat. 3181) (commonly known as 13

the ‘‘HOPE Act’’) and amended by the Haitian 14

Hemispheric Opportunity Through Partnership 15

Act of 2008 (part I of subtitle D of title XV of 16

Public Law 110–246; 122 Stat. 2289) (com-17

monly known as the ‘‘HOPE II Act’’)); 18

(B) consult with the academic and re-19

search communities, nonprofit organizations, 20

foundations, other implementing partners, the 21

Government of Haiti, Haitian civil society, and 22

the Haitian diaspora; 23

(C) coordinate United States assistance ef-24

forts with similar efforts of international orga-25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

22

•S 3317 RS

nizations, international financial institutions, 1

the governments of developing and developed 2

countries, and United States and international 3

nongovernmental organizations; 4

(D) promote access to high quality, public 5

funded education for all children; 6

(E) incorporate approaches directed at 7

reaching women living in poverty; 8

(F) incorporate best practices for improv-9

ing child welfare and protection for orphans 10

and other vulnerable children; and 11

(G) maximize local and regional procure-12

ment. 13

(c) PRIOR CONSULTATION.—Not later than 30 days 14

before the initial submission of the Haiti Rebuilding and 15

Development Strategy, the Administrator of the United 16

States Agency for International Development, in conjunc-17

tion with the Senior Haiti Coordinator, shall consult with 18

the appropriate congressional committees on the contents 19

of the Strategy. 20

(d) REPORTS.— 21

(1) ANNUAL REPORTS.—Not later than 90 days 22

after the date of the enactment of this Act, and an-23

nually thereafter, in accordance with the normal per-24

formance reporting schedule, the Secretary of State 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

23

•S 3317 RS

shall submit a report to the appropriate congres-1

sional committees that includes— 2

(A) a copy of the Haiti Rebuilding and De-3

velopment Strategy, including— 4

(i) any changes made to the Strategy 5

during the preceding calendar year; and 6

(ii) an explanation of such changes; 7

(B) a description, by foreign assistance 8

framework objective, of the implementation of 9

the Strategy; 10

(C) an assessment of progress made during 11

the preceding fiscal year toward meeting— 12

(i) the policy objectives set forth in 13

section 4; and 14

(ii) the specific goals, benchmarks, 15

and time frames specified in the Strategy; 16

(D) a description of all United States Gov-17

ernment programs contributing to the achieve-18

ment of the policy objectives set forth in section 19

4, including the amounts obligated and ex-20

pended on such programs during the preceding 21

fiscal year; and 22

(E) an assessment of United States ef-23

forts— 24


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

24

•S 3317 RS

(i) to encourage and leverage business 1

and philanthropic participation toward 2

Haiti rebuilding and development; and 3

(ii) to coordinate United States Gov-4

ernment programs with assistance provided 5

by international organizations, inter-6

national financial institutions, the govern-7

ments of developing and developed coun-8

tries, and United States and international 9

nongovernmental organizations. 10

(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-11

PORT.—Not later than 270 days after the submis-12

sion of each report under paragraph (1), the Comp-13

troller General of the United States shall submit a 14

report to the appropriate congressional committees 15

that contains— 16

(A) a review of, and comments addressing, 17

the report submitted under paragraph (1); and 18

(B) recommendations relating to any addi-19

tional actions the Comptroller General deter-20

mines to be important to improve the provision 21

of assistance for Haiti to support rebuilding 22

and development. 23

(2) GOVERNMENT ACCOUNTABILITY OFFICE RE-24

PORT.—Not later than 270 days after the submission 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

25

•S 3317 RS

of the first report under paragraph (1), and on a 1

periodic basis thereafter, the Comptroller General of 2

the United States shall submit, to the appropriate 3

congressional committees— 4

(A) a review of, and comments addressing, 5

the report submitted under paragraph (1); 6

(B) an examination of obligations, expendi-7

tures, and activities relating to any additional 8

actions the Comptroller General determines to be 9

important, with recommendations to improve the 10

provision of assistance for Haiti to support re-11

building and development; and 12

(C) additional reviews, as appropriate, that 13

focus on long-term, sustainable economic develop-14

ment activities. 15

(3) PROGRAM REVIEW.— 16

(A) IN GENERAL.—Concurrent with the 17

submission of the second annual report under 18

paragraph (1), the Secretary of State shall sub-19

mit a report to the appropriate congressional 20

committees that contains— 21

(i) an assessment of the progress 22

made during the preceding 2 years toward 23

meeting the policy objectives set forth in 24

section 4 and the specific goals, bench-25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

26

•S 3317 RS

marks, and time frames specified in the 1

Haiti Rebuilding and Development Strat-2

egy; 3

(ii) an evaluation of the impact during 4

the preceding 2 years of United States as-5

sistance programs on Haitian rebuilding 6

and development; and 7

(iii) an assessment of the overall sta-8

tus of broader rebuilding and development 9

taking place in Haiti, as outlined by the 10

Government of Haiti. 11

(B) BASIS FOR REPORT.—The report re-12

quired under subparagraph (A) shall be based 13

on data quality assessments and impact evalua-14

tions of quantitative and qualitative indicators. 15

(4) PUBLIC AVAILABILITY OF INFORMATION.— 16

The information requested in paragraphs (1) and 17

(3) for United States programs contributing to the 18

achievement of the policy objectives set forth in sec-19

tion 4, including the amounts obligated and ex-20

pended on such programs during preceding fiscal 21

years, shall— 22

(A) be made publically accessible in a time-23

ly manner on a single, consolidated website; and 24


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

27

•S 3317 RS

(B) be presented in a detailed, program- 1

by-program basis. 2

(5) UNCLASSIFIED SUMMARY.—If detailed in-3

formation is classified, an unclassified summary 4

shall be posted and the classified details shall be 5

submitted separately to the appropriate congres-6

sional committees. 7

SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 8

(a) AMOUNTS AUTHORIZED.—There are authorized 9

to be appropriated to carry out the policy objectives set 10

forth in section 4 and the other purposes of this Actprovide 11

assistance for Haiti and to carry out the other purposes 12

of this Act, in addition to amounts otherwise available for 13

such purposes— 14

(1) $1,500,000,000 for fiscal year 2010; and 15

(2) $500,000,000 for fiscal year 2011;. 16

(3) $500,000,000 for fiscal year 2012; 17

(4) $500,000,000 for fiscal year 2013; and 18

(5) $500,000,000 for fiscal year 2014. 19

(b) APPLICABILITY OF THE FOREIGN ASSISTANCE 20

ACT OF 1961 AND OTHER LAWS.— 21

(1) IN GENERAL.—Amounts made available to 22

carry out the purposes of this Act, including 23

amounts authorized to be appropriated by this Act— 24


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

28

•S 3317 RS

(A) for economic assistance shall be pro-1

vided in accordance with the provisions of, and 2

the general authorities contained in, sections 3

116, 491, and 620M of the Foreign Assistance 4

Act of 1961 (22 U.S.C. 2151n, 2292, and 2378d), 5

respectively; and 6

(B) for assistance to security forces shall be 7

subject to the applicable requirements under the 8

Foreign Assistance Act of 1961 (22 U.S.C. 2151 9

et seq.) and the Arms Export Control Act (22 10

U.S.C. (2751 et seq.). 11

(A) shall be considered to be economic as-12

sistance under the Foreign Assistance Act of 13

1961 (22 U.S.C. 2151 et seq.) for purposes of 14

making available the administrative authorities 15

contained in that Act for the use of economic 16

assistance; and 17

(B) shall be provided in accordance with 18

the provisions of, the general authorities con-19

tained in, and the limitations of, sections 116, 20

491, and 620M of the Foreign Assistance Act 21

of 1961 (22 U.S.C. 2151n, 2292, and 2378d), 22

respectively. 23

(2) ADMINISTRATIVE AUTHORITIES.—The ad-24

ministrative authorities under the Foreign Assistance 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

29

•S 3317 RS

Act of 1961 (22 U.S.C. 2151 et seq.) may be utilized 1

in providing assistance furnished with amounts made 2

available to carry out the purposes of this Act, includ-3

ing amounts authorized to be appropriated by this 4

Act. 5

(3) TECHNICAL AMENDMENT.—Chapter 1 of 6

part III of the Foreign Assistance Act of 1961 (22 7

U.S.C. 2351 et seq.) is amended by redesignating 8

section 620 J (as added by section 651 of the De-9

partment of State, Foreign Operations, and Related 10

Programs Appropriations Act, 2008 (division J of 11

Public Law 110–161; 22 U.S.C. 2378d)) as section 12

620M. 13

(c) TRANSFERS.—Of the amounts appropriated for 14

each fiscal year pursuant to subsection (a)— 15

(1) the Department of the Treasury may con-16

tribute to a multi-donor trust fund for reconstruc-17

tion and recovery expenses related to Haiti following 18

the earthquake of January 12, 2010, subject to the 19

regular notification procedures of the appropriate 20

congressional committees; and 21

(2) remaining amounts may be transferred to 22

the ‘‘Development Credit Authority’’ account of the 23

United States Agency for International Development 24

for the cost of direct loans and loan guarantees, not-25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

30

•S 3317 RS

withstanding the dollar limitations in such account 1

on transfers to the account. 2

(d) AVAILABILITY OF FUNDS.— 3

(1) IN GENERAL.—Amounts appropriated for 4

each fiscal year pursuant to subsection (a) shall re-5

main available until expended. 6

(2) REPORTS REQUIRED.—Of the amounts ap-7

propriated for each fiscal year pursuant to sub-8

section (a), none of the amounts may be made avail-9

able for assistance to Haiti unless the Haiti Rebuild-10

ing and Development Strategy reports are being 11

submitted to the appropriate congressional commit-12

tees in accordance with section 6(d)(1). 13

(e) PREFERENCE FOR BUILDING LOCAL CAPAC-14

ITY.—In providing assistance under this Act, the Presi-15

dent is encouraged to utilize Haitian firms and community 16

and local nongovernmental organizations, as appropriate. 17

(f) OFFICE OF THE INSPECTOR GENERAL.—Of the 18

amounts appropriated for a fiscal year pursuant to sub-19

section (a), up to $5,000,000 may be made available to 20

the Inspectors General of the Department of State, the 21

United States Agency for International Development, and 22

other relevant agencies to provide audits and program re-23

views of programs and activities receiving assistance under 24

this Act. 25


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

31

•S 3317 RS

Amend the title so as to read: ‘‘To authorize appro-

priations for fiscal years 2010 and 2011 to promote long-

term, sustainable rebuilding and development in Haiti,

and for other purposes.’’.


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

Calendar N

o. 468

11

1T

HC

ON

GR

ES

S

2D

SE

SS

ION

S. 3317

[Rep

ort No. 111–225]

A B

ILL

T

o

au

thorize

appro

pria

tion

s fo

r fisca

l yea

rs 2

01

0

thro

ugh 2

01

4 to

pro

mote

lon

g-term

, su

stain

able

rebu

ildin

g

an

d

develo

pm

ent

in

Haiti,

an

d

for

oth

er pu

rposes.

JU

LY

19

, 20

10

Rep

orted

with

am

endm

ents a

nd a

n a

men

dm

ent to

the

title


inso

n on

DS

KH

WC

L6B

1PR

OD

with

BIL

LS

calendar no. 468 th d congress session s. 3317 · 2017. 5. 11. · ii calendar no. 468 111th...

Documents