II 

111TH CONGRESS 

2D SESSION S. 3317 

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, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Assistance, and Rebuilding Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 earthquake measuring 7.0 on the Richter magnitude 


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

2 which— 

3 (A) devastated Port-au-Prince and the sur4 rounding areas; 

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

6 (C) injured hundreds of thousands more 

7 people; 

8 (D) left many hundreds of thousands of 

9 people homeless; 

10 (E) left many people with newly acquired 

11 disabilities, including limb loss and other phys12 ical and mental trauma; and 

13 (F) disrupted social structures and families 

14 through death, injury, and relocation. 

15 (2) The scale of the initial relief effort was un16 precedented, with many countries, hundreds of orga17 nizations, and thousands of people generously con18 tributing to a massive influx of supplies, resources, 

19 and personnel to support search and rescue oper20 ations and humanitarian assistance, underlying one 

21 of the most effective relief efforts in history. 

22 (3) Prior to the earthquake, Haiti was the poor23 est country in the Western Hemisphere, with— 

24 (A) an estimated 54 percent of its popu25 lation living on less than $1 per day; 


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1 (B) approximately 120,000 people living 

2 with HIV; 

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

4 2007; 

5 (D) nearly 50,000 children living in or6 phanages; 

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

8 attending school; and 

9 (F) an estimated 800,000 people with dis10 abilities. 

11 (4) Despite these challenges, cautious signs of 

12 developmental progress and stability were beginning 

13 to emerge in Haiti before the earthquake after years 

14 of security challenges and natural disasters that 

15 weakened the economy and slowed the consolidation 

16 of democracy and good governance. 

17 (5) Although initial recovery efforts must con18 tinue to assist the people of Haiti struggling to se19 cure basic necessities, including food, water, health 

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

21 only focus on its immediate needs. 

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

23 (A) reconstruction should not follow the in24 efficient and poorly coordinated practices of the 

25 past, but should build back better; and 


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1 (B) Haitians should be assisted and sup2 ported in accelerating and implementing long3 planned reforms and new ways of doing busi4 ness in every sector. 

5 (7) Haiti enjoys several advantages that can fa6 cilitate its rebuilding, including— 

7 (A) people committed to education and 

8 hard work; 

9 (B) proximity and duty-free access to 

10 United States markets; 

11 (C) a large, hardworking North American 

12 diaspora, which remits generous amounts of 

13 money back to Haiti every year; and 

14 (D) many regional neighbors who are 

15 peaceful, prosperous, and supportive of Haiti’s 

16 success. 

17 (8) The experiences of other countries that have 

18 successfully recovered from serious natural disasters 

19 confirm that— 

20 (A) when the people and other civil society 

21 actors in an affected country play a significant 

22 role in the design and execution of the rebuild23 ing efforts, the efforts are often more sustain24 able and more in line with the needs and aspi25 rations of local populations; 


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1 (B) when the government of the affected 

2 country plays a leading role in the planning and 

3 execution of the rebuilding efforts, there is a 

4 higher probability of reforms being long-lasting 

5 and coordinated with the long-term planning 

6 and development efforts of the affected country; 

7 (C) every effort should be made to incor8 porate, at the earliest time possible, market9 based employment and economic development 

10 opportunities to allow people to take ownership 

11 of their long-term self sufficiency; 

12 (D) stability and security are essential pre13 conditions to longer-term development; 

14 (E) education is critical to securing a bet15 ter future for the people in the affected coun16 try; 

17 (F) removing gender disparities spurs mac18 roeconomic growth; and 

19 (G) projects that integrate gender are 

20 more likely to achieve their overall goals. 

21 (9) Employment is essential to breaking the vi22 cious cycle of poverty, insecurity, and lack of faith 

23 in democracy. 


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1 (10) In addition to providing emergency assist2 ance and relief, the Government of Haiti must grap3 ple with the longer-term issues of how to— 

4 (A) provide permanent, sustainable shelter 

5 to an estimated 1,300,000 Haitians displaced 

6 by the earthquake; 

7 (B) ensure that communities are at the 

8 center of the rebuilding process, by employing 

9 local labor and consulting with local leaders and 

10 communities; 

11 (C) provide health care in a sustainable 

12 and comprehensive manner that is accessible to 

13 all Haitians; and 

14 (D) provide all children with access to edu15 cation. 

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

17 exacerbated by— 

18 (A) the lack of enforcement of earthquake19 resistant construction procedures, weak building 

20 codes, and massive private sector economic 

21 losses that hinder the ability of people to pur22 chase materials of sufficient quality to rebuild 

23 existing buildings; 

24 (B) a government that has long struggled 

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1 ices, including security, clean water, shelter, 

2 electricity, health care, and education; and 

3 (C) underinvestment in infrastructure and 

4 development in rural areas and secondary cities 

5 outside of Port-au-Prince. 

6 (12) Assistance to Haiti should be delivered in 

7 a manner that enhances the ability of the Govern8 ment of Haiti to improve democratic, transparent 

9 governance and to use credible government institu10 tions to provide services to its people. 

11 (13) Local communities should play a central 

12 role in the rebuilding of Haiti, while the national re13 covery process is led by the Government of Haiti in 

14 such a way that foreign assistance upholds the pri15 macy of Haitian government institutions in the re16 building effort. 

17 (14) International donors and nongovernmental 

18 organizations— 

19 (A) have a responsibility to support the 

20 Government of Haiti in its rebuilding efforts; 

21 (B) are critical to the success of the recov22 ery and reconstruction efforts; 

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

24 the near term; 


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1 (D) can build capacity for national institu2 tions, both governmental and nongovernmental, 

3 to take over the management and provision of 

4 essential services over the medium term; 

5 (E) should support and encourage rebuild6 ing and development of programs which are en7 vironmentally sustainable and respectful and re8 storative of Haiti’s natural resources; 

9 (F) should work with the Government of 

10 Haiti to improve the educational system and to 

11 ensure that all children have access to an edu12 cation; and 

13 (G) should work with the Government of 

14 Haiti and the international community to better 

15 predict, anticipate, and protect against future 

16 disasters. 

17 (15) The circumstances following the earth18 quake in Haiti provide a real opportunity for 

19 Haiti— 

20 (A) to break the cycle of poverty and unre21 alized expectations that has marked Haiti’s his22 tory; and 

23 (B) to establish a new framework for sus24 tained economic development through a commit25 ment of engagement from the United States, 


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1 other donors, and multilateral organizations to 

2 support the Government of Haiti and the Hai3 tian people as they undertake the long rebuild4 ing process. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

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

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

9 United States Code. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Foreign Relations 

13 of the Senate and the Committee on Foreign Affairs 

14 of the House of Representatives. 

15 (3) HAITI REBUILDING AND DEVELOPMENT

16 STRATEGY; STRATEGY.—The terms ‘‘Haiti Rebuild17 ing and Development Strategy’’ and ‘‘Strategy’’ 

18 mean the multi-year strategy to provide assistance in 

19 support of the reconstruction and rebuilding of Haiti 

20 prepared pursuant to section 6. 

21 (4) SENIOR HAITI COORDINATOR.—The term 

22 ‘‘Senior Haiti Coordinator’’ means the Senior Coor23 dinator of the United States Government for Haiti 

24 appointed pursuant to section 5. 


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1 SEC. 4. STATEMENT OF POLICY. 

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

3 with the Government of Haiti and in coordination with 

4 the international community, to— 

5 (1) support the sustainable recovery and re6 building of Haiti in a manner that— 

7 (A) encourages greater economic equality; 

8 (B) embraces Haitian independence, self9 reliance, democratic governance, and efficiency; 

10 (C) supports collaboration with the Haitian 

11 government and consultation with Haitian and 

12 international civil society; and 

13 (D) incorporates the potential of both 

14 women and men to contribute equally and to 

15 their maximum efficiency; 

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

17 with Haiti in support of— 

18 (A) just, democratic, and competent gov19 ernance including— 

20 (i) an independent, efficient, and ef21 fective judicial system; 

22 (ii) parliamentary strengthening; 

23 (iii) political pluralism, equality, and 

24 the rule of law; 


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1 (iv) civil society, governance institu2 tions, and political parties that are rep3 resentative and peaceful; 

4 (v) transparency and accountability 

5 among all branches of government and ju6 dicial proceedings, including supporting 

7 anti-corruption efforts among bureaucrats, 

8 elected officials, and public servants at all 

9 levels of security and government adminis10 tration; and 

11 (vi) security, by— 

12 (I) ensuring legitimate state ef13 forts to prevent and respond to crime, 

14 especially violence; 

15 (II) instilling public order and 

16 confidence in, and increasing the ca17 pacity of, Haitian security institu18 tions; and 

19 (III) reforming local and national 

20 police forces through professional 

21 training and equipment; 

22 (B) providing a foundation for economic 

23 growth and economic sustainability, through in24 vestments— 


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1 (i) in essential infrastructure, includ2 ing transport and energy; 

3 (ii) in sustainable urban development 

4 and improved urban management by iden5 tifying, developing, and implementing a 

6 long-term, sustainable framework for fu7 ture growth and development in urban 

8 areas that will ensure appropriate environ9 mental and resource management, appro10 priate disaster response plans, and expand 

11 access to basic shelter, affordable urban 

12 housing, energy, clean water, sanitation 

13 services, and essential urban services and 

14 infrastructure; 

15 (iii) to rebuild Haiti’s competitiveness 

16 and private sector in order to foster em17 ployment generation, including policies to 

18 encourage investment and open world con19 sumer markets to Haitian exports; 

20 (iv) in food security and rural and ag21 ricultural development, particularly of food 

22 staples and other crops that provide eco23 nomic growth and income opportunities in 

24 times of shortage; and 


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1 (v) that recognize and address where 

2 obstacles related to gender limit, hinder, or 

3 suppress women’s economic productivity 

4 and gain; 

5 (C) environmentally sustainable programs 

6 that are respectful and restorative of Haiti’s 

7 natural resources and build community-level re8 silience to environmental and weather-related 

9 impacts, including— 

10 (i) programs to reduce and mitigate 

11 the effects of natural disaster, including 

12 floods and hurricanes; 

13 (ii) programs to address land use, 

14 land tenure, land for reconstruction, and 

15 land price escalation issues; 

16 (iii) programs and associated support 

17 to reduce deforestation and increase the 

18 rates of afforestation and reforestation in 

19 Haiti, including through diversification of 

20 Haiti’s energy sources; and 

21 (iv) programs to address safe drinking 

22 water, sanitation, hygiene, water resource 

23 management, and other water related 

24 issues; 


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1 (D) investments in people, particularly 

2 women and children, including— 

3 (i) supporting the Government of 

4 Haiti, in coordination with nongovern5 mental education providers, to rehabilitate 

6 and improve Haiti’s education sector with 

7 the goal of providing access to quality edu8 cation for all children; 

9 (ii) ensuring that women’s needs are 

10 appropriately integrated across all sectors, 

11 including governance, security, and devel12 opment, and in program assessment, de13 sign, implementation, monitoring, and eval14 uation, with a goal of promoting access, in15 clusion, and empowerment; 

16 (iii) health care delivery and capacity 

17 building to strengthen the overall health 

18 care system; 

19 (iv) supporting programs, activities, 

20 and initiatives that provide or promote 

21 equal opportunity, full participation, inde22 pendent living, and economic self-suffi23 ciency for individuals with disabilities; and 

24 (v) strengthening the child welfare 

25 system— 


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1 (I) to ensure the protection of 

2 children from violence, abuse, exploi3 tation, and neglect; 

4 (II) to support family preserva5 tion and reunification and prevent 

6 child abandonment, to the extent pos7 sible; 

8 (III) to ensure that children 

9 without family care receive safe, devel10 opmentally appropriate care; and 

11 (IV) to end the practice and ex12 ploitation of child domestic servants 

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

14 by offering families education, sup15 port, and alternatives; 

16 (3) support, pursuant to the strategic objectives 

17 in paragraph (2) and in coordination with other do18 nors— 

19 (A) the institutional development and ca20 pacity building of the Government of Haiti at 

21 the national, local, and community levels so 

22 that the Government of Haiti— 

23 (i) can better ensure basic services to 

24 its population, including health care, edu25 cation, and other basic social services; and 


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1 (ii) will be an effective steward of 

2 state resources through a transparent 

3 process of equitable resource allocation 

4 that includes a broad range of participa5 tion from Haitian civil society; 

6 (B) Haitian civil society organizations that 

7 are committed to making a positive contribution 

8 to the rebuilding and sustainable development 

9 of Haiti; 

10 (C) people-to-people engagement between 

11 the United States and Haiti, through increased 

12 educational, technical, and cultural exchanges 

13 and other methods; 

14 (D) significant contributions to a multilat15 eral trust fund that will be established to en16 hance the reconstruction and rebuilding of 

17 Haiti; and 

18 (E) a Haitian government budget that is 

19 appropriately sized to fulfill the functions ex20 pected of the budget for the delivery of essential 

21 public services, including arrangements to en22 sure transparency and accountability for the 

23 funds provided to the budget of the Haitian 

24 government; and 


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1 (4) promote development and rebuilding efforts 

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

3 of government in Haiti, including national and local 

4 governments, so that— 

5 (A) the Government and people of Haiti 

6 lead the vision for reconstruction and rebuilding 

7 of Haiti; 

8 (B) resources are channeled in concrete 

9 and specific ways toward key sectoral objectives 

10 identified by the Government of Haiti and its 

11 people; 

12 (C) feasible steps are taken to recognize 

13 and rectify the social injustice of poverty and 

14 gender inequality and to decrease the vulner15 ability of the poor, through job creation, access 

16 to education, the provision of health care, the 

17 provision of safe shelter and settlements, and 

18 food security; 

19 (D) communities are placed at the center 

20 of the rebuilding process, by employing local 

21 labor and consulting local leaders and commu22 nities for their experience and vision; 

23 (E) rebuilding and development programs 

24 are environmentally sustainable and respectful 

25 and restorative of Haiti’s natural resources; and 


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1 (F) the Haiti Rebuilding and Development 

2 Strategy builds from and supports— 

3 (i) existing assessments for Haiti, in4 cluding the Post Disaster Needs Assess5 ment; 

6 (ii) the Government of Haiti’s Action 

7 Plan for the Reconstruction and National 

8 Development of Haiti; 

9 (iii) other existing development plans 

10 for Haiti, including the Poverty Reduction 

11 Strategy Paper for Haiti; and 

12 (iv) shared principles in the Paris 

13 Declaration on Aid Effectiveness and the 

14 Accra Agenda for Action. 

15 SEC. 5. SENIOR HAITI COORDINATOR. 

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

17 the Department of State a Senior Coordinator of the 

18 United States Government for Haiti, who— 

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

20 (2) shall report directly to the Secretary of 

21 State, in consultation with the Administrator of the 

22 United States Agency for International Develop23 ment. 

24 (b) DUTIES.— 


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1 (1) IN GENERAL.—The Senior Haiti Coordi2 nator shall advise, oversee, and coordinate all poli3 cies of the United States Government related to 

4 Haiti. 

5 (2) SPECIFIC DUTIES.—The Senior Haiti Coor6 dinator shall— 

7 (A) ensure interagency program and policy 

8 coordination towards Haiti among relevant 

9 agencies; 

10 (B) help devise, promote and participate 

11 in, in coordination with the Chief of Mission, ef12 fective international donor coordination mecha13 nisms; 

14 (C) ensure that each relevant agency un15 dertakes programs primarily in those areas in 

16 which the agency has the greatest expertise, 

17 technical capabilities, and potential for success; 

18 and 

19 (D) provide input to the Administrator of 

20 the United States Agency for International De21 velopment in the design of the Haiti Rebuilding 

22 and Development Strategy. 

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

24 during the 5-year period beginning on the date of the en25 actment of this Act. 


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1 SEC. 6. HAITI REBUILDING AND DEVELOPMENT STRATEGY. 

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

3 States Agency for International Development, with input 

4 provided by the Senior Haiti Coordinator, shall prepare 

5 and submit to the appropriate congressional committees 

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

7 the reconstruction and rebuilding of Haiti. 

8 (b) COMPONENTS.—The Haiti Rebuilding and Devel9 opment Strategy shall— 

10 (1) include— 

11 (A) specific and measurable goals; 

12 (B) benchmarks and time frames; 

13 (C) an implementation plan to achieve the 

14 policy objectives set forth in section 4; and 

15 (D) a detailed monitoring and evaluation 

16 plan tied to measurable indicators addressing 

17 progress toward achieving those policy objec18 tives, including impact evaluations of United 

19 States assistance to Haiti; and 

20 (2) to the greatest extent possible— 

21 (A) leverage private sector resources 

22 through different agencies, including assistance 

23 that allows Haiti to make greater use of the 

24 trade preferences provided under section 213A 

25 of the Caribbean Basin Economic Recovery Act 

26 (19 U.S.C. 2703a) (as added by the Haitian 


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1 Hemispheric Opportunity Through Partnership 

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

3 109–432; 120 Stat. 3181) (commonly known as 

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

5 Hemispheric Opportunity Through Partnership 

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

7 Public Law 110–246; 122 Stat. 2289) (com8 monly known as the ‘‘HOPE II Act’’)); 

9 (B) consult with the academic and re10 search communities, nonprofit organizations, 

11 foundations, other implementing partners, the 

12 Government of Haiti, Haitian civil society, and 

13 the Haitian diaspora; 

14 (C) coordinate United States assistance ef15 forts with similar efforts of international orga16 nizations, international financial institutions, 

17 the governments of developing and developed 

18 countries, and United States and international 

19 nongovernmental organizations; 

20 (D) promote access to education for all 

21 children; 

22 (E) incorporate approaches directed at 

23 reaching women living in poverty; 


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1 (F) incorporate best practices for improv2 ing child welfare and protection for orphans 

3 and other vulnerable children; and 

4 (G) maximize local and regional procure5 ment. 

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

7 before the initial submission of the Haiti Rebuilding and 

8 Development Strategy, the Administrator of the United 

9 States Agency for International Development, in conjunc10 tion with the Senior Haiti Coordinator, shall consult with 

11 the appropriate congressional committees on the contents 

12 of the Strategy. 

13 (d) REPORTS.— 

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

15 after the date of the enactment of this Act, and an16 nually thereafter, in accordance with the normal per17 formance reporting schedule, the Secretary of State 

18 shall submit a report to the appropriate congres19 sional committees that includes— 

20 (A) a copy of the Haiti Rebuilding and De21 velopment Strategy, including— 

22 (i) any changes made to the Strategy 

23 during the preceding calendar year; and 

24 (ii) an explanation of such changes; 


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1 (B) a description, by foreign assistance 

2 framework objective, of the implementation of 

3 the Strategy; 

4 (C) an assessment of progress made during 

5 the preceding fiscal year toward meeting— 

6 (i) the policy objectives set forth in 

7 section 4; and 

8 (ii) the specific goals, benchmarks, 

9 and time frames specified in the Strategy; 

10 (D) a description of all United States Gov11 ernment programs contributing to the achieve12 ment of the policy objectives set forth in section 

13 4, including the amounts obligated and ex14 pended on such programs during the preceding 

15 fiscal year; and 

16 (E) an assessment of United States ef17 forts— 

18 (i) to encourage and leverage business 

19 and philanthropic participation toward 

20 Haiti rebuilding and development; and 

21 (ii) to coordinate United States Gov22 ernment programs with assistance provided 

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1 tries, and United States and international 

2 nongovernmental organizations. 

3 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE4 PORT.—Not later than 270 days after the submis5 sion of each report under paragraph (1), the Comp6 troller General of the United States shall submit a 

7 report to the appropriate congressional committees 

8 that contains— 

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

10 the report submitted under paragraph (1); and 

11 (B) recommendations relating to any addi12 tional actions the Comptroller General deter13 mines to be important to improve the provision 

14 of assistance for Haiti to support rebuilding 

15 and development. 

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 

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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 


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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 provide assistance for Haiti and to 

11 carry out the other purposes of this Act, in addition to 

12 amounts otherwise available for such purposes— 

13 (1) $1,500,000,000 for fiscal year 2010; 

14 (2) $500,000,000 for fiscal year 2011; 

15 (3) $500,000,000 for fiscal year 2012; 

16 (4) $500,000,000 for fiscal year 2013; and 

17 (5) $500,000,000 for fiscal year 2014. 

18 (b) APPLICABILITY OF THE FOREIGN ASSISTANCE

19 ACT OF 1961 AND OTHER LAWS.— 

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

21 carry out the purposes of this Act, including 

22 amounts authorized to be appropriated by this Act— 

23 (A) shall be considered to be economic as24 sistance under the Foreign Assistance Act of 

25 1961 (22 U.S.C. 2151 et seq.) for purposes of 


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1 making available the administrative authorities 

2 contained in that Act for the use of economic 

3 assistance; and 

4 (B) shall be provided in accordance with 

5 the provisions of, the general authorities con6 tained in, and the limitations of, sections 116, 

7 491, and 620M of the Foreign Assistance Act 

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

9 respectively. 

10 (2) TECHNICAL AMENDMENT.—Chapter 1 of 

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

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

13 section 620 J (as added by section 651 of the the 

14 Department of State, Foreign Operations, and Re15 lated Programs Appropriations Act, 2008 (division J 

16 of Public Law 110–161; 22 U.S.C. 2378d)) as sec17 tion 620M. 

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

19 each fiscal year pursuant to subsection (a)— 

20 (1) the Department of the Treasury may con21 tribute to a multi-donor trust fund for reconstruc22 tion and recovery expenses related to Haiti following 

23 the earthquake of January 12, 2010; and 

24 (2) remaining amounts may be transferred to 

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


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1 United States Agency for International Development 

2 for the cost of direct loans and loan guarantees, not3 withstanding the dollar limitations in such account 

4 on transfers to the account. 

5 (d) AVAILABILITY OF FUNDS.— 

6 (1) IN GENERAL.—Amounts appropriated for 

7 each fiscal year pursuant to subsection (a) shall re8 main available until expended. 

9 (2) REPORTS REQUIRED.—Of the amounts ap10 propriated for each fiscal year pursuant to sub11 section (a), none of the amounts may be made avail12 able for assistance to Haiti unless the Haiti Rebuild13 ing and Development Strategy reports are being 

14 submitted to the appropriate congressional commit15 tees in accordance with section 6(d)(1). 

16 (e) PREFERENCE FOR BUILDING LOCAL CAPAC17 ITY.—In providing assistance under this Act, the Presi18 dent is encouraged to utilize Haitian firms and community 

19 and local nongovernmental organizations, as appropriate. 

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

21 amounts appropriated for a fiscal year pursuant to sub22 section (a), up to $5,000,000 may be made available to 

23 the Inspectors General of the Department of State, the 

24 United States Agency for International Development, and 

25 other relevant agencies to provide audits and program reVerDate Mar 15 2010 03:46 May 06, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3317.IS S3317

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29 

•S 3317 IS

1 views of programs and activities receiving assistance under 

2 this Act. 

Æ 


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