1.This Act may be cited as the
Haiti Empowerment, Assistance, and
Rebuilding Act of 2010
.
2.Congress makes the following
findings:
(1)On January 12,
2010, Haiti suffered an earthquake measuring 7.0 on the Richter magnitude
scale, the greatest natural disaster in Haiti’s history, which—
(A)devastated
Port-au-Prince and the surrounding areas;
(B)killed more than
230,000 people;
(C)injured hundreds
of thousands more people;
(D)left many hundreds
of thousands of people homeless;
(E)left many people
with newly acquired disabilities, including limb loss and other physical and
mental trauma; and
(F)disrupted social
structures and families through death, injury, and relocation.
(2)The scale of the
initial relief effort was unprecedented, with many countries, hundreds of
organizations, and thousands of people generously contributing to a massive
influx of supplies, resources, and personnel to support search and rescue
operations and humanitarian assistance, underlying one of the most effective
relief efforts in history.
(3)Prior to the
earthquake, Haiti was the poorest country in the Western Hemisphere,
with—
(A)an estimated 54
percent of its population living on less than $1 per day;
(B)approximately
120,000 people living with HIV;
(C)29,333 new cases
of tuberculosis in 2007;
(D)nearly 50,000
children living in orphanages;
(E)55 percent of
school-aged children not attending school; and
(F)an estimated
800,000 people with disabilities.
(4)Despite these
challenges, cautious signs of developmental progress and stability were
beginning to emerge in Haiti before the earthquake after years of security
challenges and natural disasters that weakened the economy and slowed the
consolidation of democracy and good governance.
(5)Although initial
recovery efforts must continue to assist the people of Haiti struggling to
secure basic necessities, including food, water, health care, shelter, and
electricity, Haiti cannot afford to only focus on its immediate needs.
(6)Haiti’s leaders
have advocated that—
(A)reconstruction
should not follow the inefficient and poorly coordinated practices of the past,
but should build back better; and
(B)Haitians should be
assisted and supported in accelerating and implementing long-planned reforms
and new ways of doing business in every sector.
(7)Haiti enjoys
several advantages that can facilitate its rebuilding, including—
(A)people committed
to education and hard work;
(B)proximity and
duty-free access to United States markets;
(C)a large,
hardworking North American diaspora, which remits generous amounts of money
back to Haiti every year; and
(D)many regional
neighbors who are peaceful, prosperous, and supportive of Haiti’s
success.
(8)The experiences of
other countries that have successfully recovered from serious natural disasters
confirm that—
(A)when the people
and other civil society actors in an affected country play a significant role
in the design and execution of the rebuilding efforts, the efforts are often
more sustainable and more in line with the needs and aspirations of local
populations;
(B)when the
government of the affected country plays a leading role in the planning and
execution of the rebuilding efforts, there is a higher probability of reforms
being long-lasting and coordinated with the long-term planning and development
efforts of the affected country;
(C)every effort
should be made to incorporate, at the earliest time possible, market-based
employment and economic development opportunities to allow people to take
ownership of their long-term self sufficiency;
(D)stability and
security are essential preconditions to longer-term development;
(E)education is
critical to securing a better future for the people in the affected
country;
(F)removing gender
disparities spurs macroeconomic growth; and
(G)projects that
integrate gender are more likely to achieve their overall goals.
(9)Employment is
essential to breaking the vicious cycle of poverty, insecurity, and lack of
faith in democracy.
(10)In addition to
providing emergency assistance and relief, the Government of Haiti must grapple
with the longer-term issues of how to—
(A)provide permanent,
sustainable shelter to an estimated 1,300,000 Haitians displaced by the
earthquake;
(B)ensure that
communities are at the center of the rebuilding process, by employing local
labor and consulting with local leaders and communities;
(C)provide health
care in a sustainable and comprehensive manner that is accessible to all
Haitians; and
(D)provide all
children with access to education.
(11)The impact of
natural disaster on Haiti is exacerbated by—
(A)the lack of
enforcement of earthquake-resistant construction procedures, weak building
codes, and massive private sector economic losses that hinder the ability of
people to purchase materials of sufficient quality to rebuild existing
buildings;
(B)a government that
has long struggled to provide its people with minimal public services,
including security, clean water, shelter, electricity, health care, and
education; and
(C)underinvestment in
infrastructure and development in rural areas and secondary cities outside of
Port-au-Prince.
(12)Assistance to
Haiti should be delivered in a manner that enhances the ability of the
Government of Haiti to improve democratic, transparent governance and to use
credible government institutions to provide services to its people.
(13)Local communities
should play a central role in the rebuilding of Haiti, while the national
recovery process is led by the Government of Haiti in such a way that foreign
assistance upholds the primacy of Haitian government institutions in the
rebuilding effort.
(14)International
donors and nongovernmental organizations—
(A)have a
responsibility to support the Government of Haiti in its rebuilding
efforts;
(B)are critical to
the success of the recovery and reconstruction efforts;
(C)are key to the
provision of services in the near term;
(D)can build capacity
for national institutions, both governmental and nongovernmental, to take over
the management and provision of essential services over the medium term;
(E)should support and
encourage rebuilding and development of programs which are environmentally
sustainable and respectful and restorative of Haiti’s natural resources;
(F)should work with
the Government of Haiti to improve the educational system and to ensure that
all children have access to an education; and
(G)should work with
the Government of Haiti and the international community to better predict,
anticipate, and protect against future disasters.
(15)The circumstances
following the earthquake in Haiti provide a real opportunity for Haiti—
(A)to break the cycle
of poverty and unrealized expectations that has marked Haiti’s history;
and
(B)to establish a new
framework for sustained economic development through a commitment of engagement
from the United States, other donors, and multilateral organizations to support
the Government of Haiti and the Haitian people as they undertake the long
rebuilding process.
3.In this Act:
(1)The
term agency has the meaning given the term in section 551(1) of
title 5, United States Code.
(2)Appropriate
congressional committeesThe term appropriate congressional
committees means the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives.
(3)Haiti rebuilding
and development strategy; strategyThe terms Haiti
Rebuilding and Development Strategy and Strategy mean the
multi-year strategy to provide assistance in support of the reconstruction and
rebuilding of Haiti prepared pursuant to section 6.
(4)The term Senior Haiti Coordinator means
the Senior Coordinator of the United States Government for Haiti appointed
pursuant to section 5.
4.It is the policy of the
United States, in partnership with the Government of Haiti and in coordination
with the international community, to—
(1)support the sustainable recovery and
rebuilding of Haiti in a manner that—
(A)encourages greater
economic equality;
(B)embraces Haitian
independence, self-reliance, democratic governance, and efficiency;
(C)supports
collaboration with the Haitian government and consultation with Haitian and
international civil society; and
(D)incorporates the
potential of both women and men to contribute equally and to their maximum
efficiency;
(2)affirm and build a long-term partnership
with Haiti in support of—
(A)just, democratic,
and competent governance including—
(i)an
independent, efficient, and effective judicial system;
(ii)parliamentary
strengthening;
(iii)political
pluralism, equality, and the rule of law;
(iv)civil society,
governance institutions, and political parties that are representative and
peaceful;
(v)transparency and
accountability among all branches of government and judicial proceedings,
including supporting anti-corruption efforts among bureaucrats, elected
officials, and public servants at all levels of security and government
administration; and
(vi)security,
by—
(I)ensuring
legitimate state efforts to prevent and respond to crime, especially
violence;
(II)instilling public
order and confidence in, and increasing the capacity of, Haitian security
institutions; and
(III)reforming local
and national police forces through professional training and equipment;
(B)providing a
foundation for economic growth and economic sustainability, through
investments—
(i)in
essential infrastructure, including transport and energy;
(ii)in
sustainable urban development and improved urban management by identifying,
developing, and implementing a long-term, sustainable framework for future
growth and development in urban areas that will ensure appropriate
environmental and resource management, appropriate disaster response plans, and
expand access to basic shelter, affordable urban housing, energy, clean water,
sanitation services, and essential urban services and infrastructure;
(iii)to
rebuild Haiti’s competitiveness and private sector in order to foster
employment generation, including policies to encourage investment and open
world consumer markets to Haitian exports;
(iv)in
food security and rural and agricultural development, particularly of food
staples and other crops that provide economic growth and income opportunities
in times of shortage; and
(v)that
recognize and address where obstacles related to gender limit, hinder, or
suppress women’s economic productivity and gain;
(C)environmentally
sustainable programs that are respectful and restorative of Haiti’s natural
resources and build community-level resilience to environmental and
weather-related impacts, including—
(i)programs to reduce
and mitigate the effects of natural disaster, including floods and
hurricanes;
(ii)programs to
address land use, land tenure, land for reconstruction, and land price
escalation issues;
(iii)programs and
associated support to reduce deforestation and increase the rates of
afforestation and reforestation in Haiti, including through diversification of
Haiti’s energy sources; and
(iv)programs to
address safe drinking water, sanitation, hygiene, water resource management,
and other water related issues;
(D)investments in
people, particularly women and children, including—
(i)supporting the
Government of Haiti, in coordination with nongovernmental education providers,
to rehabilitate and improve Haiti’s education sector with the goal of providing
access to quality education for all children;
(ii)ensuring that
women’s needs are appropriately integrated across all sectors, including
governance, security, and development, and in program assessment, design,
implementation, monitoring, and evaluation, with a goal of promoting access,
inclusion, and empowerment;
(iii)health care
delivery and capacity building to strengthen the overall health care
system;
(iv)supporting
programs, activities, and initiatives that provide or promote equal
opportunity, full participation, independent living, and economic
self-sufficiency for individuals with disabilities; and
(v)strengthening the
child welfare system—
(I)to ensure the
protection of children from violence, abuse, exploitation, and neglect;
(II)to support family
preservation and reunification and prevent child abandonment, to the extent
possible;
(III)to ensure that
children without family care receive safe, developmentally appropriate care;
and
(IV)to end the
practice and exploitation of child domestic servants (referred to in Haiti as
restaveks
), by offering families education, support, and
alternatives;
(3)support, pursuant
to the strategic objectives in paragraph (2) and in coordination with other
donors—
(A)the institutional
development and capacity building of the Government of Haiti at the national,
local, and community levels so that the Government of Haiti—
(i)can
better ensure basic services to its population, including health care,
education, and other basic social services; and
(ii)will be an
effective steward of state resources through a transparent process of equitable
resource allocation that includes a broad range of participation from Haitian
civil society;
(B)Haitian civil
society organizations that are committed to making a positive contribution to
the rebuilding and sustainable development of Haiti;
(C)people-to-people
engagement between the United States and Haiti, through increased educational,
technical, and cultural exchanges and other methods;
(D)significant
contributions to a multilateral trust fund that will be established to enhance
the reconstruction and rebuilding of Haiti; and
(E)a Haitian
government budget that is appropriately sized to fulfill the functions expected
of the budget for the delivery of essential public services, including
arrangements to ensure transparency and accountability for the funds provided
to the budget of the Haitian government; and
(4)promote
development and rebuilding efforts in Haiti that are led by, and in support of,
all levels of government in Haiti, including national and local governments, so
that—
(A)the Government and
people of Haiti lead the vision for reconstruction and rebuilding of
Haiti;
(B)resources are
channeled in concrete and specific ways toward key sectoral objectives
identified by the Government of Haiti and its people;
(C)feasible steps are
taken to recognize and rectify the social injustice of poverty and gender
inequality and to decrease the vulnerability of the poor, through job creation,
access to education, the provision of health care, the provision of safe
shelter and settlements, and food security;
(D)communities are
placed at the center of the rebuilding process, by employing local labor and
consulting local leaders and communities for their experience and
vision;
(E)rebuilding and
development programs are environmentally sustainable and respectful and
restorative of Haiti’s natural resources; and
(F)the Haiti
Rebuilding and Development Strategy builds from and supports—
(i)existing
assessments for Haiti, including the Post Disaster Needs Assessment;
(ii)the
Government of Haiti’s Action Plan for the Reconstruction and National
Development of Haiti;
(iii)other existing
development plans for Haiti, including the Poverty Reduction Strategy Paper for
Haiti; and
(iv)shared principles
in the Paris Declaration on Aid Effectiveness and the Accra Agenda for
Action.
5.
(a)There shall be established within the Department of State
a Senior Coordinator of the United States Government for Haiti, who—
(1)shall be appointed
by the President; and
(2)shall report
directly to the Secretary of State, in consultation with the Administrator of
the United States Agency for International Development.
(b)
(1)The Senior Haiti Coordinator shall advise, oversee, and
coordinate all policies of the United States Government related to
Haiti.
(2)The Senior Haiti Coordinator shall—
(A)ensure interagency
program and policy coordination towards Haiti among relevant agencies;
(B)help devise,
promote and participate in, in coordination with the Chief of Mission,
effective international donor coordination mechanisms;
(C)ensure that each
relevant agency undertakes programs primarily in those areas in which the
agency has the greatest expertise, technical capabilities, and potential for
success; and
(D)provide input to
the Administrator of the United States Agency for International Development in
the design of the Haiti Rebuilding and Development Strategy.
(c)This section shall be effective during the 5-year period
beginning on the date of the enactment of this Act.
6.Haiti Rebuilding
and Development Strategy
(a)The Administrator of the United States Agency for
International Development, with input provided by the Senior Haiti Coordinator,
shall prepare and submit to the appropriate congressional committees a
multi-year strategy to provide assistance in support of the reconstruction and
rebuilding of Haiti.
(b)The
Haiti Rebuilding and Development Strategy shall—
(1)include—
(A)specific and
measurable goals;
(B)benchmarks and
time frames;
(C)an implementation
plan to achieve the policy objectives set forth in section 4; and
(D)a detailed
monitoring and evaluation plan tied to measurable indicators addressing
progress toward achieving those policy objectives, including impact evaluations
of United States assistance to Haiti; and
(2)to the greatest
extent possible—
(A)leverage private
sector resources through different agencies, including assistance that allows
Haiti to make greater use of the trade preferences provided under section 213A
of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (as added by the
Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of
division D of Public Law 109–432; 120 Stat. 3181) (commonly known as the
HOPE Act
) and amended by the Haitian Hemispheric Opportunity
Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law
110–246; 122 Stat. 2289) (commonly known as the HOPE II
Act
));
(B)consult with the
academic and research communities, nonprofit organizations, foundations, other
implementing partners, the Government of Haiti, Haitian civil society, and the
Haitian diaspora;
(C)coordinate United
States assistance efforts with similar efforts of international organizations,
international financial institutions, the governments of developing and
developed countries, and United States and international nongovernmental
organizations;
(D)promote access to
education for all children;
(E)incorporate
approaches directed at reaching women living in poverty;
(F)incorporate best
practices for improving child welfare and protection for orphans and other
vulnerable children; and
(G)maximize local and
regional procurement.
(c)Not later than 30 days before the initial submission
of the Haiti Rebuilding and Development Strategy, the Administrator of the
United States Agency for International Development, in conjunction with the
Senior Haiti Coordinator, shall consult with the appropriate congressional
committees on the contents of the Strategy.
(d)
(1)Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, in accordance with the normal performance
reporting schedule, the Secretary of State shall submit a report to the
appropriate congressional committees that includes—
(A)a copy of the
Haiti Rebuilding and Development Strategy, including—
(i)any
changes made to the Strategy during the preceding calendar year; and
(ii)an
explanation of such changes;
(B)a description, by
foreign assistance framework objective, of the implementation of the
Strategy;
(C)an assessment of
progress made during the preceding fiscal year toward meeting—
(i)the
policy objectives set forth in section 4; and
(ii)the
specific goals, benchmarks, and time frames specified in the Strategy;
(D)a description of
all United States Government programs contributing to the achievement of the
policy objectives set forth in section 4, including the amounts obligated and
expended on such programs during the preceding fiscal year; and
(E)an assessment of
United States efforts—
(i)to
encourage and leverage business and philanthropic participation toward Haiti
rebuilding and development; and
(ii)to
coordinate United States Government programs with assistance provided by
international organizations, international financial institutions, the
governments of developing and developed countries, and United States and
international nongovernmental organizations.
(2)Government
accountability office reportNot later than 270 days after the
submission of each report under paragraph (1), the Comptroller General of the
United States shall submit a report to the appropriate congressional committees
that contains—
(A)a review of, and
comments addressing, the report submitted under paragraph (1); and
(B)recommendations
relating to any additional actions the Comptroller General determines to be
important to improve the provision of assistance for Haiti to support
rebuilding and development.
(3)
(A)Concurrent with the submission of the second annual
report under paragraph (1), the Secretary of State shall submit a report to the
appropriate congressional committees that contains—
(i)an
assessment of the progress made during the preceding 2 years toward meeting the
policy objectives set forth in section 4 and the specific goals, benchmarks,
and time frames specified in the Haiti Rebuilding and Development
Strategy;
(ii)an
evaluation of the impact during the preceding 2 years of United States
assistance programs on Haitian rebuilding and development; and
(iii)an
assessment of the overall status of broader rebuilding and development taking
place in Haiti, as outlined by the Government of Haiti.
(B)The report required under subparagraph (A) shall be based
on data quality assessments and impact evaluations of quantitative and
qualitative indicators.
(4)Public
availability of informationThe information requested in
paragraphs (1) and (3) for United States programs contributing to the
achievement of the policy objectives set forth in section 4, including the
amounts obligated and expended on such programs during preceding fiscal years,
shall—
(A)be made publically
accessible in a timely manner on a single, consolidated website; and
(B)be presented in a
detailed, program-by-program basis.
(5)If detailed information is classified, an unclassified
summary shall be posted and the classified details shall be submitted
separately to the appropriate congressional committees.
7.Authorization of
appropriations
(a)There are authorized to be appropriated to provide
assistance for Haiti and to carry out the other purposes of this Act, in
addition to amounts otherwise available for such purposes—
(1)$1,500,000,000 for
fiscal year 2010;
(2)$500,000,000 for
fiscal year 2011;
(3)$500,000,000 for
fiscal year 2012;
(4)$500,000,000 for
fiscal year 2013; and
(5)$500,000,000 for
fiscal year 2014.
(b)Applicability of
the Foreign Assistance Act of 1961 and other laws
(1)Amounts made available to carry out the purposes of this
Act, including amounts authorized to be appropriated by this Act—
(A)shall be
considered to be economic assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) for purposes of making available the administrative
authorities contained in that Act for the use of economic assistance;
and
(B)shall be provided
in accordance with the provisions of, the general authorities contained in, and
the limitations of, sections 116, 491, and 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151n, 2292, and 2378d), respectively.
(2)Chapter 1 of part III of the Foreign Assistance Act of
1961 (22 U.S.C. 2351 et seq.) is amended by redesignating section 620J (as
added by section 651 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law 110–161; 22
U.S.C. 2378d)) as section 620M.
(c)Of
the amounts appropriated for each fiscal year pursuant to subsection
(a)—
(1)the Department of
the Treasury may contribute to a multi-donor trust fund for reconstruction and
recovery expenses related to Haiti following the earthquake of January 12,
2010; and
(2)remaining amounts
may be transferred to the Development Credit Authority
account
of the United States Agency for International Development for the cost of
direct loans and loan guarantees, notwithstanding the dollar limitations in
such account on transfers to the account.
(d)
(1)Amounts appropriated for each fiscal year pursuant to
subsection (a) shall remain available until expended.
(2)Of the amounts appropriated for each fiscal year
pursuant to subsection (a), none of the amounts may be made available for
assistance to Haiti unless the Haiti Rebuilding and Development Strategy
reports are being submitted to the appropriate congressional committees in
accordance with section 6(d)(1).
(e)Preference for
building local capacityIn providing assistance under this Act,
the President is encouraged to utilize Haitian firms and community and local
nongovernmental organizations, as appropriate.
(f)Office of the
Inspector GeneralOf the amounts appropriated for a fiscal year
pursuant to subsection (a), up to $5,000,000 may be made available to the
Inspectors General of the Department of State, the United States Agency for
International Development, and other relevant agencies to provide audits and
program reviews of programs and activities receiving assistance under this
Act.