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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 3317 RS

1 SECTION 1. SHORT TITLE. 

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

3 Assistance, and Rebuilding Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

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

7 earthquake measuring 7.0 on the Richter magnitude 

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

9 which— 

10 (A) devastated Port-au-Prince and the sur11 rounding areas; 

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

13 (C) injured hundreds of thousands more 

14 people; 

15 (D) left many hundreds of thousands of 

16 people homeless; 

17 (E) left many people with newly acquired 

18 disabilities, including limb loss and other phys19 ical and mental trauma; and 

20 (F) disrupted social structures and families 

21 through death, injury, and relocation. 

22 (2) The scale of the initial relief effort was un23 precedented, with many countries, hundreds of orga24 nizations, and thousands of people generously con25 tributing to a massive influx of supplies, resources, 

26 and personnel to support search and rescue operVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 3317 RS

1 ations and humanitarian assistance, underlying one 

2 of the most effective relief efforts in history. 

3 (3) Prior to the earthquake, Haiti was the poor4 est country in the Western Hemisphere, with— 

5 (A) an estimated 54 percent of its popu6 lation living on less than $1 per day; 

7 (B) approximately 120,000 people living 

8 with HIV; 

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

10 2007; 

11 (D) nearly 50,000 children living in or12 phanages; 

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

14 attending school; and 

15 (F) an estimated 800,000 people with dis16 abilities. 

17 (4) Despite these challenges, cautious signs of 

18 developmental progress and stability were beginning 

19 to emerge in Haiti before the earthquake after years 

20 of security challenges and natural disasters that 

21 weakened the economy and slowed the consolidation 

22 of democracy and good governance. 

23 (5) Although initial recovery efforts must con24 tinue to assist the people of Haiti struggling to se25 cure basic necessities, including food, water, health 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 3317 RS

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

2 only focus on its immediate needs. 

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

4 (A) reconstruction should not follow the in5 efficient and poorly coordinated practices of the 

6 past, but should build back better; and 

7 (B) Haitians should be assisted and sup8 ported in accelerating and implementing long9 planned reforms and new ways of doing busi10 ness in every sector. 

11 (7) Haiti enjoys several advantages that can fa12 cilitate its rebuilding, including— 

13 (A) people committed to education and 

14 hard work; 

15 (B) proximity and duty-free access to 

16 United States markets; 

17 (C) a large, hardworking North American 

18 diaspora, which remits generous amounts of 

19 money back to Haiti every year; and 

20 (D) many regional neighbors who are 

21 peaceful, prosperous, and supportive of Haiti’s 

22 success. 

23 (8) The experiences of other countries that have 

24 successfully recovered from serious natural disasters 

25 confirm that— 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•S 3317 RS

1 (A) when the people and other civil society 

2 actors in an affected country play a significant 

3 role in the design and execution of the rebuild4 ing efforts, the efforts are often more sustain5 able and more in line with the needs and aspi6 rations of local populations; 

7 (B) when the government of the affected 

8 country plays a leading role in the planning and 

9 execution of the rebuilding efforts, there is a 

10 higher probability of reforms being long-lasting 

11 and coordinated with the long-term planning 

12 and development efforts of the affected country; 

13 (C) every effort should be made to incor14 porate, at the earliest time possible, market15 based employment and economic development 

16 opportunities to allow people to take ownership 

17 of their long-term self sufficiency; 

18 (D) stability and security are essential pre19 conditions to longer-term development; 

20 (E) high quality, public funded education is 

21 critical to securing a better future for the peo22 ple in the affected country; 

23 (F) removing gender disparities spurs mac24 roeconomic growth; and 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•S 3317 RS

1 (G) projects that integrate gender are 

2 more likely to achieve their overall goals. 

3 (9) Employment is essential to breaking the vi4 cious cycle of poverty, insecurity, and lack of faith 

5 in democracy. 

6 (10) In addition to providing emergency assist7 ance and relief, the Government of Haiti must grap8 ple with the longer-term issues of how to— 

9 (A) provide permanent, sustainable shelter 

10 to an estimated 1,300,000 Haitians displaced 

11 by the earthquake; 

12 (B) ensure that communities are at the 

13 center of the rebuilding process, by employing 

14 local labor and consulting with local leaders and 

15 communities; 

16 (C) provide health care in a sustainable 

17 and comprehensive manner that is accessible to 

18 all Haitians; and 

19 (D) provide all children with access to edu20 cation. 

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

22 exacerbated by— 

23 (A) the lack of enforcement of earthquake24 resistant construction procedures, weak building 

25 codes, and massive private sector economic 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•S 3317 RS

1 losses that hinder the ability of people to pur2 chase materials of sufficient quality to rebuild 

3 existing buildings; 

4 (B) a government that has long struggled 

5 to provide its people with minimal public serv6 ices, including security, clean water, shelter, 

7 electricity, health care, and education; and 

8 (C) underinvestment in infrastructure and 

9 development in rural areas and secondary cities 

10 outside of Port-au-Prince. 

11 (12) Assistance to Haiti should be delivered in 

12 a manner that enhances the ability of the Govern13 ment of Haiti to improve democratic, transparent 

14 governance and to use credible government institu15 tions to provide services to its people. 

16 (13) Local communities should play a central 

17 role in the rebuilding of Haiti, while the national re18 covery process is led by the Government of Haiti in 

19 such a way that foreign assistance upholds the pri20 macy of Haitian government institutions in the re21 building effort. 

22 (14) International donors and nongovernmental 

23 organizations— 

24 (A) have a responsibility to support the 

25 Government of Haiti in its rebuilding efforts; 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•S 3317 RS

1 (B) are critical to the success of the recov2 ery and reconstruction efforts; 

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

4 the near term; 

5 (D) can build capacity for national institu6 tions, both governmental and nongovernmental, 

7 to take over the management and provision of 

8 essential services over the medium term; 

9 (E) should support and encourage rebuild10 ing and development of programs which are en11 vironmentally sustainable and respectful and re12 storative of Haiti’s natural resources; 

13 (F) should work with the Government of 

14 Haiti to improve the educational system and to 

15 ensure that all children have access to an edu16 cation; and 

17 (G) should work with the Government of 

18 Haiti and the international community to better 

19 predict, anticipate, and protect against future 

20 disasters. 

21 (15) The circumstances following the earth22 quake in Haiti provide a real opportunity for 

23 Haiti— 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•S 3317 RS

1 (A) to break the cycle of poverty and unre2 alized expectations that has marked Haiti’s his3 tory; and 

4 (B) to establish a new framework for sus5 tained economic development through a commit6 ment of engagement from the United States, 

7 other donors, and multilateral organizations to 

8 support the Government of Haiti and the Hai9 tian people as they undertake the long rebuild10 ing process. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

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

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

15 United States Code. 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means the Committee on Foreign Relations 

19 of the Senate and the Committee on Foreign Affairs 

20 of the House of Representatives. 

21 (3) HAITI REBUILDING AND DEVELOPMENT

22 STRATEGY; STRATEGY.—The terms ‘‘Haiti Rebuild23 ing and Development Strategy’’ and ‘‘Strategy’’ 

24 mean the multi-year strategy to provide assistance in 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•S 3317 RS

1 support of the reconstruction and rebuilding of Haiti 

2 prepared pursuant to section 6. 

3 (4) SENIOR HAITI COORDINATOR.—The term 

4 ‘‘Senior Haiti Coordinator’’ means the Senior Coor5 dinator of the United States Government for Haiti 

6 appointed pursuant to section 5. 

7 SEC. 4. STATEMENT OF POLICY. 

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

9 with the Government of Haiti and in coordination with 

10 the international community, to— 

11 (1) support the sustainable recovery and re12 building of Haiti in a manner that— 

13 (A) encourages greater economic equality; 

14 (B) embraces Haitian independence, self15 reliance, democratic governance, and efficiency; 

16 (C) supports collaboration with the Haitian 

17 government and consultation with Haitian and 

18 international civil society; and 

19 (D) incorporates the potential of both 

20 women and men to contribute equally and to 

21 their maximum efficiency; 

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

23 with Haiti in support of— 

24 (A) just, democratic, and competent gov25 ernance including— 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•S 3317 RS

1 (i) an independent, efficient, and ef2 fective judicial system; 

3 (ii) parliamentary strengthening; 

4 (iii) political pluralism, equality, and 

5 the rule of law; 

6 (iv) civil society, governance institu7 tions, and political parties that are rep8 resentative and peaceful; 

9 (v) transparency and accountability 

10 among all branches of government and ju11 dicial proceedings, including supporting 

12 anti-corruption efforts among bureaucrats, 

13 elected officials, and public servants at all 

14 levels of security and government adminis15 tration; and 

16 (vi) security, by— 

17 (I) ensuring legitimate state ef18 forts to prevent and respond to crime, 

19 especially violence; 

20 (II) instilling public order and 

21 confidence in, and increasing the ca22 pacity of, Haitian security institu23 tions; and 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•S 3317 RS

1 (III) reforming local and national 

2 police forces through professional 

3 training and equipment; 

4 (B) providing a foundation for economic 

5 growth and economic sustainability, through in6 vestments— 

7 (i) in essential infrastructure, includ8 ing transport and energy; 

9 (ii) in sustainable urban development 

10 and improved urban management by iden11 tifying, developing, and implementing a 

12 long-term, sustainable framework for fu13 ture growth and development in urban 

14 areas that will ensure appropriate environ15 mental and resource management, appro16 priate disaster response plans, and expand 

17 access to basic shelter, affordable urban 

18 housing, energy, clean water, sanitation 

19 services, and essential urban services and 

20 infrastructure; 

21 (iii) to rebuild Haiti’s competitiveness 

22 and private sector in order to foster em23 ployment generation, including policies to 

24 encourage investment and open world con25 sumer markets to Haitian exports; 


srobinson on DSKHWCL6B1PROD with BILLS
13 

•S 3317 RS

1 (iv) in food security and rural and ag2 ricultural development, particularly of food 

3 staples and other crops that provide eco4 nomic growth and income opportunities in 

5 times of shortage; and 

6 (v) that recognize and address where 

7 obstacles related to gender limit, hinder, or 

8 suppress women’s economic productivity 

9 and gain; 

10 (C) environmentally sustainable programs 

11 that are respectful and restorative of Haiti’s 

12 natural resources and build community-level re13 silience to environmental and weather-related 

14 impacts, including— 

15 (i) programs to reduce and mitigate 

16 the effects of natural disaster, including 

17 floods and hurricanes; 

18 (ii) programs to address land use, 

19 land tenure, land for reconstruction, and 

20 land price escalation issues; 

21 (iii) programs and associated support 

22 to reduce deforestation and increase the 

23 rates of afforestation and reforestation in 

24 Haiti, including through diversification of 

25 Haiti’s energy sources; and 


srobinson on DSKHWCL6B1PROD with BILLS
14 

•S 3317 RS

1 (iv) programs to address safe drinking 

2 water, sanitation, hygiene, water resource 

3 management, and other water related 

4 issues; 

5 (D) investments in people, particularly 

6 women and children, including— 

7 (i) supporting the Government of 

8 Haiti, in coordination with nongovern9 mental education providers, to rehabilitate 

10 and improve Haiti’s education sector with 

11 the goal of providing access to quality edu12 cation for all children; 

13 (ii) ensuring that women’s needs are 

14 appropriately integrated across all sectors, 

15 including governance, security, and devel16 opment, and in program assessment, de17 sign, implementation, monitoring, and eval18 uation, with a goal of promoting access, in19 clusion, and empowerment; 

20 (iii) health care delivery and capacity 

21 building to strengthen the overall health 

22 care system; 

23 (iv) supporting programs, activities, 

24 and initiatives that provide or promote 

25 equal opportunity, full participation, indeVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
15 

•S 3317 RS

1 pendent living, and economic self-suffi2 ciency for individuals with disabilities; and 

3 (v) strengthening the child welfare 

4 system— 

5 (I) to ensure the protection of 

6 children from violence, abuse, exploi7 tation, trafficking, and neglect; 

8 (II) to support family preserva9 tion and reunification and prevent 

10 child abandonment, to the extent pos11 sible; 

12 (III) to ensure that children 

13 without permanent family care receive 

14 safe, developmentally appropriate 

15 care, including children in foster, resi16 dential, or institutional care;; and, 

17 (IV) to ensure that children who 

18 cannot be reunified with family have 

19 access to family-based care through 

20 kinship, guardianship, domestic adop21 tion, or, in appropriate cases, inter22 national adoption; and 

23 (V) to end the practice and ex24 ploitation of child domestic servants 

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


srobinson on DSKHWCL6B1PROD with BILLS
16 

•S 3317 RS

1 by offering families education, sup2 port, and alternatives; 

3 (3) support, pursuant to the strategic objectives 

4 in paragraph (2) and in coordination with other do5 nors— 

6 (A) the institutional development and ca7 pacity building of the Government of Haiti at 

8 the national, local, and community levels so 

9 that the Government of Haiti— 

10 (i) can better ensure basic services to 

11 its population, including health care, edu12 cation, and other basic social services; and 

13 (ii) will be an effective steward of 

14 state resources through a transparent 

15 process of equitable resource allocation 

16 that includes a broad range of participa17 tion from Haitian civil society; 

18 (B) Haitian civil society organizations that 

19 are committed to making a positive contribution 

20 to the rebuilding and sustainable development 

21 of Haiti; 

22 (C) people-to-people engagement between 

23 the United States and Haiti, through increased 

24 educational, technical, and cultural exchanges 

25 and other methods; 


srobinson on DSKHWCL6B1PROD with BILLS
17 

•S 3317 RS

1 (D) significant contributions to a multilat2 eral trust fund that will be established to en3 hance the reconstruction and rebuilding of 

4 Haiti; and 

5 (E) a Haitian government budget that is 

6 appropriately sized to fulfill the functions ex7 pected of the budget for the delivery of essential 

8 public services, including arrangements to en9 sure transparency and accountability for the 

10 funds provided to the budget of the Haitian 

11 government; and 

12 (4) promote development and rebuilding efforts 

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

14 of government in Haiti, including national and local 

15 governments, so that— 

16 (A) the Government and people of Haiti 

17 lead the vision for reconstruction and rebuilding 

18 of Haiti; 

19 (B) resources are channeled in concrete 

20 and specific ways toward key sectoral objectives 

21 identified by the Government of Haiti and its 

22 people; 

23 (C) feasible steps are taken to recognize 

24 and rectify the social injustice of poverty and 

25 gender inequality and to decrease the vulnerVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
18 

•S 3317 RS

1 ability of the poor, including poor families, 

2 through job creation, access to education, the 

3 provision of health care, the provision of safe 

4 shelter and settlements, and food security; 

5 (D) communities are placed at the center 

6 of the rebuilding process, by employing local 

7 labor and consulting local leaders and commu8 nities for their experience and vision; 

9 (E) rebuilding and development programs 

10 are environmentally sustainable and respectful 

11 and restorative of Haiti’s natural resources; and 

12 (F) the Haiti Rebuilding and Development 

13 Strategy builds from and supports— 

14 (i) existing assessments for Haiti, in15 cluding the Post Disaster Needs Assess16 ment; 

17 (ii) the Government of Haiti’s Action 

18 Plan for the Reconstruction and National 

19 Development of Haiti; 

20 (iii) other existing development plans 

21 for Haiti, including the Poverty Reduction 

22 Strategy Paper for Haiti; and 

23 (iv) shared principles in the Paris 

24 Declaration on Aid Effectiveness and the 

25 Accra Agenda for Action. 


srobinson on DSKHWCL6B1PROD with BILLS
19 

•S 3317 RS

1 SEC. 5. SENIOR HAITI COORDINATOR. 

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

3 the Department of State a Senior Coordinator of the 

4 United States Government for Haiti, who— 

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

6 (2) shall report directly to the Secretary of 

7 State, in consultation with the Administrator of the 

8 United States Agency for International Develop9 ment. 

10 (b) DUTIES.— 

11 (1) IN GENERAL.—The Senior Haiti Coordi12 nator shall advise, oversee, and coordinate all poli13 cies of the United States Government related to 

14 Haiti. 

15 (2) SPECIFIC DUTIES.—The Senior Haiti Coor16 dinator shall— 

17 (A) ensure interagency program and policy 

18 coordination towards Haiti among relevant 

19 agencies; 

20 (B) help devise, promote and participate 

21 in, in coordination with the Chief of Mission, ef22 fective international donor coordination mecha23 nisms; 

24 (C) ensure that each relevant agency un25 dertakes programs primarily in those areas in 

26 which the agency has the greatest expertise, 


srobinson on DSKHWCL6B1PROD with BILLS
20 

•S 3317 RS

1 technical capabilities, and potential for success; 

2 and 

3 (D) provide input to the Administrator of 

4 the United States Agency for International De5 velopment in the design of the Haiti Rebuilding 

6 and Development Strategy. 

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

8 during the 5-year period beginning on the date of the en9 actment of this Act. 

10 SEC. 6. HAITI REBUILDING AND DEVELOPMENT STRATEGY. 

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

12 States Agency for International Development, with input 

13 provided by the Senior Haiti Coordinator, shall prepare 

14 and submit to the appropriate congressional committees 

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

16 the reconstruction and rebuilding of Haiti. 

17 (b) COMPONENTS.—The Haiti Rebuilding and Devel18 opment Strategy shall— 

19 (1) include— 

20 (A) specific and measurable goals; 

21 (B) benchmarks and time frames; 

22 (C) an implementation plan to achieve the 

23 policy objectives set forth in section 4; and 

24 (D) a detailed monitoring and evaluation 

25 plan tied to measurable indicators addressing 


srobinson on DSKHWCL6B1PROD with BILLS
21 

•S 3317 RS

1 progress toward achieving those policy objec2 tives, including impact evaluations of United 

3 States assistance to Haiti; and 

4 (2) to the greatest extent possible— 

5 (A) leverage private sector resources 

6 through different agencies, including assistance 

7 that allows Haiti to make greater use of the 

8 trade preferences provided under section 213A 

9 of the Caribbean Basin Economic Recovery Act 

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

11 Hemispheric Opportunity Through Partnership 

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

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

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

15 Hemispheric Opportunity Through Partnership 

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

17 Public Law 110–246; 122 Stat. 2289) (com18 monly known as the ‘‘HOPE II Act’’)); 

19 (B) consult with the academic and re20 search communities, nonprofit organizations, 

21 foundations, other implementing partners, the 

22 Government of Haiti, Haitian civil society, and 

23 the Haitian diaspora; 

24 (C) coordinate United States assistance ef25 forts with similar efforts of international orgaVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
22 

•S 3317 RS

1 nizations, international financial institutions, 

2 the governments of developing and developed 

3 countries, and United States and international 

4 nongovernmental organizations; 

5 (D) promote access to high quality, public 

6 funded education for all children; 

7 (E) incorporate approaches directed at 

8 reaching women living in poverty; 

9 (F) incorporate best practices for improv10 ing child welfare and protection for orphans 

11 and other vulnerable children; and 

12 (G) maximize local and regional procure13 ment. 

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

15 before the initial submission of the Haiti Rebuilding and 

16 Development Strategy, the Administrator of the United 

17 States Agency for International Development, in conjunc18 tion with the Senior Haiti Coordinator, shall consult with 

19 the appropriate congressional committees on the contents 

20 of the Strategy. 

21 (d) REPORTS.— 

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

23 after the date of the enactment of this Act, and an24 nually thereafter, in accordance with the normal per25 formance reporting schedule, the Secretary of State 


srobinson on DSKHWCL6B1PROD with BILLS
23 

•S 3317 RS

1 shall submit a report to the appropriate congres2 sional committees that includes— 

3 (A) a copy of the Haiti Rebuilding and De4 velopment Strategy, including— 

5 (i) any changes made to the Strategy 

6 during the preceding calendar year; and 

7 (ii) an explanation of such changes; 

8 (B) a description, by foreign assistance 

9 framework objective, of the implementation of 

10 the Strategy; 

11 (C) an assessment of progress made during 

12 the preceding fiscal year toward meeting— 

13 (i) the policy objectives set forth in 

14 section 4; and 

15 (ii) the specific goals, benchmarks, 

16 and time frames specified in the Strategy; 

17 (D) a description of all United States Gov18 ernment programs contributing to the achieve19 ment of the policy objectives set forth in section 

20 4, including the amounts obligated and ex21 pended on such programs during the preceding 

22 fiscal year; and 

23 (E) an assessment of United States ef24 forts— 


srobinson on DSKHWCL6B1PROD with BILLS
24 

•S 3317 RS

1 (i) to encourage and leverage business 

2 and philanthropic participation toward 

3 Haiti rebuilding and development; and 

4 (ii) to coordinate United States Gov5 ernment programs with assistance provided 

6 by international organizations, inter7 national financial institutions, the govern8 ments of developing and developed coun9 tries, and United States and international 

10 nongovernmental organizations. 

11 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE12 PORT.—Not later than 270 days after the submis13 sion of each report under paragraph (1), the Comp14 troller General of the United States shall submit a 

15 report to the appropriate congressional committees 

16 that contains— 

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

18 the report submitted under paragraph (1); and 

19 (B) recommendations relating to any addi20 tional actions the Comptroller General deter21 mines to be important to improve the provision 

22 of assistance for Haiti to support rebuilding 

23 and development. 

24 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE25 PORT.—Not later than 270 days after the submission 


srobinson on DSKHWCL6B1PROD with BILLS
25 

•S 3317 RS

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

2 periodic basis thereafter, the Comptroller General of 

3 the United States shall submit, to the appropriate 

4 congressional committees— 

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

6 the report submitted under paragraph (1); 

7 (B) an examination of obligations, expendi8 tures, and activities relating to any additional 

9 actions the Comptroller General determines to be 

10 important, with recommendations to improve the 

11 provision of assistance for Haiti to support re12 building and development; and 

13 (C) additional reviews, as appropriate, that 

14 focus on long-term, sustainable economic develop15 ment activities. 

16 (3) PROGRAM REVIEW.— 

17 (A) IN GENERAL.—Concurrent with the 

18 submission of the second annual report under 

19 paragraph (1), the Secretary of State shall sub20 mit a report to the appropriate congressional 

21 committees that contains— 

22 (i) an assessment of the progress 

23 made during the preceding 2 years toward 

24 meeting the policy objectives set forth in 

25 section 4 and the specific goals, benchVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
26 

•S 3317 RS

1 marks, and time frames specified in the 

2 Haiti Rebuilding and Development Strat3 egy; 

4 (ii) an evaluation of the impact during 

5 the preceding 2 years of United States as6 sistance programs on Haitian rebuilding 

7 and development; and 

8 (iii) an assessment of the overall sta9 tus of broader rebuilding and development 

10 taking place in Haiti, as outlined by the 

11 Government of Haiti. 

12 (B) BASIS FOR REPORT.—The report re13 quired under subparagraph (A) shall be based 

14 on data quality assessments and impact evalua15 tions of quantitative and qualitative indicators. 

16 (4) PUBLIC AVAILABILITY OF INFORMATION.— 

17 The information requested in paragraphs (1) and 

18 (3) for United States programs contributing to the 

19 achievement of the policy objectives set forth in sec20 tion 4, including the amounts obligated and ex21 pended on such programs during preceding fiscal 

22 years, shall— 

23 (A) be made publically accessible in a time24 ly manner on a single, consolidated website; and 


srobinson on DSKHWCL6B1PROD with BILLS
27 

•S 3317 RS

1 (B) be presented in a detailed, program2 by-program basis. 

3 (5) UNCLASSIFIED SUMMARY.—If detailed in4 formation is classified, an unclassified summary 

5 shall be posted and the classified details shall be 

6 submitted separately to the appropriate congres7 sional committees. 

8 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AMOUNTS AUTHORIZED.—There are authorized 

10 to be appropriated to carry out the policy objectives set 

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

12 assistance for Haiti and to carry out the other purposes 

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

14 such purposes— 

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

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

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

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

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

20 (b) APPLICABILITY OF THE FOREIGN ASSISTANCE

21 ACT OF 1961 AND OTHER LAWS.— 

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

23 carry out the purposes of this Act, including 

24 amounts authorized to be appropriated by this Act— 


srobinson on DSKHWCL6B1PROD with BILLS
28 

•S 3317 RS

1 (A) for economic assistance shall be pro2 vided in accordance with the provisions of, and 

3 the general authorities contained in, sections 

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

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

6 respectively; and 

7 (B) for assistance to security forces shall be 

8 subject to the applicable requirements under the 

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

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

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

12 (A) shall be considered to be economic as13 sistance under the Foreign Assistance Act of 

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

15 making available the administrative authorities 

16 contained in that Act for the use of economic 

17 assistance; and 

18 (B) shall be provided in accordance with 

19 the provisions of, the general authorities con20 tained in, and the limitations of, sections 116, 

21 491, and 620M of the Foreign Assistance Act 

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

23 respectively. 

24 (2) ADMINISTRATIVE AUTHORITIES.—The ad25 ministrative authorities under the Foreign Assistance 


srobinson on DSKHWCL6B1PROD with BILLS
29 

•S 3317 RS

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

2 in providing assistance furnished with amounts made 

3 available to carry out the purposes of this Act, includ4 ing amounts authorized to be appropriated by this 

5 Act. 

6 (3) TECHNICAL AMENDMENT.—Chapter 1 of 

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

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

9 section 620 J (as added by section 651 of the De10 partment of State, Foreign Operations, and Related 

11 Programs Appropriations Act, 2008 (division J of 

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

13 620M. 

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

15 each fiscal year pursuant to subsection (a)— 

16 (1) the Department of the Treasury may con17 tribute to a multi-donor trust fund for reconstruc18 tion and recovery expenses related to Haiti following 

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

20 regular notification procedures of the appropriate 

21 congressional committees; and 

22 (2) remaining amounts may be transferred to 

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

24 United States Agency for International Development 

25 for the cost of direct loans and loan guarantees, notVerDate Mar 15 2010 21:28 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.RS S3317

srobinson on DSKHWCL6B1PROD with BILLS
30 

•S 3317 RS

1 withstanding the dollar limitations in such account 

2 on transfers to the account. 

3 (d) AVAILABILITY OF FUNDS.— 

4 (1) IN GENERAL.—Amounts appropriated for 

5 each fiscal year pursuant to subsection (a) shall re6 main available until expended. 

7 (2) REPORTS REQUIRED.—Of the amounts ap8 propriated for each fiscal year pursuant to sub9 section (a), none of the amounts may be made avail10 able for assistance to Haiti unless the Haiti Rebuild11 ing and Development Strategy reports are being 

12 submitted to the appropriate congressional commit13 tees in accordance with section 6(d)(1). 

14 (e) PREFERENCE FOR BUILDING LOCAL CAPAC15 ITY.—In providing assistance under this Act, the Presi16 dent is encouraged to utilize Haitian firms and community 

17 and local nongovernmental organizations, as appropriate. 

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

19 amounts appropriated for a fiscal year pursuant to sub20 section (a), up to $5,000,000 may be made available to 

21 the Inspectors General of the Department of State, the 

22 United States Agency for International Development, and 

23 other relevant agencies to provide audits and program re24 views of programs and activities receiving assistance under 

25 this Act. 


srobinson on DSKHWCL6B1PROD with BILLS
31 

•S 3317 RS

Amend the title so as to read: ‘‘To authorize appropriations for fiscal years 2010 and 2011 to promote longterm, sustainable rebuilding and development in Haiti, 

and for other purposes.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
Calendar No. 468 

111TH CONGRESS 

2D SESSION S. 3317 

[Report No. 111–225] 

A BILL 

To authorize appropriations for fiscal years 2010 

other purposes. rebuilding and development in Haiti, and for through 2014 to promote long-term, sustainable 

JULY 19, 2010 

Reported with amendments and an amendment to the 

title 


srobinson on DSKHWCL6B1PROD with BILLS