Haiti Empowerment, Assistance, and Rebuidling Act of 2010, rpt. To accompany S3317, 7p.

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Title:
Haiti Empowerment, Assistance, and Rebuidling Act of 2010, rpt. To accompany S3317, 7p.
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Wash., GPO, 2010

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4-trUS-2010
General Note:
SLU-Law-GovDos-Y1.1/5:111-225

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ILLMC
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Y 1.1/5:111-225


Calendar No. 468
111TH CONGRESS REPORT
2d Session SENATE 111-225


HAITI EMPOWERMENT, ASSISTANCE, AND
REBUILDING ACT OF 2010


JULY 19, 2010.-Ordered to be printed


Mr. KERRY, from the Committee on Foreign Relations,
submitted the following

REPORT

[To accompany S. 3317]
The Committee on Foreign Relations, having had under consider-
ation the bill 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, reports favorably
thereon with amendments and recommends that the bill (as
amended) do pass. U
CONTENTS 3
Eage
I. Purpose ....... ..................... ................ ... .... .... 1
II. Committee Action ........................................ .......... ............... ......... 1
III. D discussion .......................... ................... .... ..................................... 2
IV. Cost Estimate .......................................................... 5
V. Evaluation of Regulatory Impact ...... ............... ........ ..... 6
VI. Changes in Existing Law ... .................... ...... .. ......... 7

I. PURPOSE
The purpose of S. 3317 is to support the sustainable recovery and
long-term rebuilding of Haiti in a manner that encourages greater
economic equality, embraces Haitian independence, self-reliance,
democratic governance, and efficiency, and supports collaboration
with the Haitian government and consultation with Haitian and
international civil society.
II. COMMITTEE ACTION
S. 3317 was introduced by Senators Kerry, Corker, Cardin and
Durbin on May 5, 2010. The committee held a public hearing on
the legislation on May 19, 2010. At the hearing, the committee re-
ceived testimony from U.S. Ambassador to Haiti, Kenneth Merten,
USAID Coordinator for Disaster Response in Haiti, Christopher
Milligan, and a panel of private sector witnesses. In addition, the
89-010








committee benefited from studies of the situation in Haiti under-
taken by the committee's majority and minority staffs. Reports
summarizing the staffs findings and recommendations are con-
tained in S.Prt. 111-50 and S.Prt. 111-51.
On May 25, 2010, the committee considered the bill and adopted
two amendments by voice vote:
A chairman's amendment in the nature of a substitute
incorporating changes to the bill including additional lan-
guage to highlight the importance of providing high qual-
ity, publicly-funded education in Haiti, and clarifications
related to Government Accountability Office oversight ef-
forts.
An amendment offered by Senator Lugar striking au-
thorizations of appropriations for assistance to Haiti for
Fiscal Years 2012-2014.
The committee ordered the bill as amended to be favorably re-
ported by voice vote.
III. DISCUSSION
The Haiti Empowerment, Assistance and Rebuilding Act of 2010
(S. 3317) authorizes assistance to support the sustainable recovery
and long-term rebuilding of Haiti in a manner that encourages
greater economic equality, embraces Haitian independence, self-re-
liance, democratic governance, and efficiency, and supports collabo-
ration with the Haitian government and consultation with Haitian
and international civil society. As amended by the committee, the
legislation authorizes up to $2 billion over two years to support the
reconstruction and rebuilding of Haiti and to assist the people of
Haiti in recovering from the devastation of the January 12, 2010
earthquake.
The United States and the international community acted in the
immediate aftermath of the earthquake, providing significant as-
sistance and supplies to help ensure consistent access to food,
water, medical supplies and other basic services to the Haitian peo-
ple.
But the committee believes that the United States' role goes be-
yond rescue operations in Haiti. The earthquake provides an oppor-
tunity for the United States and other donors to help the Govern-
ment of Haiti reverse endemic poverty and environmental degrada-
tion that has plagued Haiti long before this latest tragedy, and to
rebuild the country in a way that leaves Haiti better off and better
prepared the next time a natural disaster strikes.
Before the earthquake, Haiti was already the poorest country in
the Western Hemisphere. Most Haitians lived on less than a dollar
a day, one in eight children died before their fifth birthday, and
40% were not enrolled in school. 120,000 Haitians were HIV-posi-
tive and rural Haitians were plagued by malnutrition. Electricity,
garbage removal, and access to safe water proved unattainable
aims for most.
S. 3317 authorizes appropriations and provides policy guidance
in order to help Haitians build a sustainable foundation-physical,
social and economic-for a stronger and more stable society.
Specifically, this legislation establishes a policy framework that
emphasizes just, democratic and competent governance. It seeks to







promote improved security, economic growth and environmentally
sustainable programs through investments in people, including
women and children. It tasks USAID with developing a comprehen-
sive rebuilding and development strategy for Haiti, and it estab-
lishes a Senior Haiti Policy Coordinator at the State Department
to advise and coordinate U.S. policy towards Haiti.
As the United States increases support to Haiti, we also recog-
nize that Haiti's own government, civil society, and people must
take primary responsibility for lifting their country out of crisis and
laying the groundwork for future growth and prosperity.
Haiti's recovery must belong to the Haitian people. However, the
United States should also use its resources and expertise to help
the Government of Haiti design a feasible and comprehensive strat-
egy for rebuilding, and begin to implement those plans. The United
States can be a catalyst for change in Haiti by helping to build ca-
pacity in the Government of Haiti, improving coordination among
donors, and remaining dedicated to the long-term stability of the
country. Haiti's future success depends on a government that can
inspire its people, work with the private sector, attract investment,
and marshal resources to provide basic services, security, and rule
of law.
The sections below describe specific provisions in S. 3317.
Section 4. Statement of Policy
This section establishes a strategic policy framework to affirm
and build a long-term partnership with Haiti and ensure U.S. as-
sistance efforts will comprehensively address critical priorities, in
support of the Government of Haiti and the Haitian people that
will encourage greater economic equality and embrace Haitian
independence, self-reliance, democratic governance and efficiency.
Key sectors include:
Just, democratic, and competent governance. This includes as-
sistance to promote an independent and effective judicial sys-
tem, parliamentary strengthening, political pluralism, equality
and the rule of law, transparency and accountability among all
branches of government and judicial proceedings, including
supporting anti-corruption efforts, and security sector reform
and strengthening that includes instilling public order and con-
fidence in, and increasing the capacity of, Haitian security in-
stitutions.
Economic growth and economic sustainability. This includes
assistance to promote investments in infrastructure, such as
transport and energy, improved urban development and man-
agement by identifying, developing and implementing a long-
term framework for future growth and development in Port-au-
Prince as well as implementing an appropriate decentralization
strategy to develop secondary cities. This framework should en-
sure appropriate environmental and resource management,
disaster response plans, and expanded access to basic shelter,
affordable urban housing, energy, clean water, sanitation serv-
ices, and essential urban services and infrastructure. Rebuild-
ing Haiti's private sector and competitiveness in order to foster
employment generation and encourage investment, and im-
proving food security and rural and agricultural development
should also be priorities. In the immediate term, efforts should








be made to procure locally the goods and services required for
reconstruction.
Environmental sustainability. This includes designing assist-
ance programs that are respectful and restorative of Haiti's
natural resources and build community-level resilience to envi-
ronmental and weather-related impacts, including programs to
reduce and mitigate the effects of natural disaster, programs
to address land use, land tenure, land for reconstruction, and
land price escalation issues, and programs and associated sup-
port to reduce deforestation and increase the rates of
afforestation and reforestation in Haiti, including through di-
versification of Haiti's energy sources.
Investments in people. This includes assistance focused particu-
larly on the needs of women and children, including rehabili-
tating Haiti's education sector and strengthening Haiti's child
welfare system. Haiti currently has an insufficient number of
schools, and private school fees put education out of reach for
many families. One of the objectives of this legislation is to
help improve Haiti's education sector with the goal of providing
access to high quality, publicly-funded education for all chil-
dren. Progress toward this goal will require training teachers,
providing consistent and subsidized wages for teachers and es-
tablishing a system of standards and accreditation for schools.
Haiti's education problems exist not only at the primary school
level but also for secondary and tertiary education. Indeed,
without a serious commitment to education at all levels, the
prospects for sustainable recovery in Haiti are slim.
The committee urges that due regard and attention is given to
increasing the institutional capacity of the Government of Haiti at
the national, local, and community levels so that the Government
can better provide basic services to its population, including health
care, education, and other basic social services, and will be an ef-
fective steward of state resources through a transparent process of
equitable resource allocation that includes a broad range of partici-
pation from Haitian civil society.
The committee believes it is important to encourage people-to-
people engagement between the United States and Haiti, through
increased educational, technical, and cultural exchanges and other
methods. The committee also urges significant contributions to a
multilateral trust fund established to enhance the reconstruction
and rebuilding of Haiti. Development and rebuilding efforts in
Haiti should support all levels of government in Haiti, including
national and local governments, so that the Government and peo-
ple of Haiti lead the vision for reconstruction and rebuilding of
Haiti. Such an approach will help ensure that: resources are chan-
neled in concrete and specific ways toward key sectoral objectives
identified by the Government of Haiti and its people; 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, the provision of health care, the provision of
safe shelter and settlements, food security, and education; commu-
nities are placed at the center of the rebuilding process, by employ-
ing local labor and consulting local leaders and communities for
their experience and vision; and rebuilding and development pro-








grams are environmentally sustainable and respectful and restora-
tive of Haiti's natural resources.
Finally, the Haiti Rebuilding and Development Strategy pre-
pared pursuant to section 6 of the legislation should build from and
support existing assessments for Haiti, including the Post Disaster
Needs Assessment, the Government of Haiti's Action Plan for the
Reconstruction and National Development of Haiti, other existing
development plans for Haiti, including the Poverty Reduction
Strategy Paper for Haiti, and shared principles in the Paris Dec-
laration on Aid Effectiveness and the Accra Agenda for Action.
Section 5. Senior Haiti Coordinator
The legislation mandates the creation of a Senior Haiti Policy
Coordinator, who shall be appointed by the President, to be respon-
sible for advising, overseeing, and coordinating all policies of the
United States Government related to Haiti. The committee does
not envision the Coordinator being responsible for directing, over-
seeing or implementing U.S. assistance programs. Rather, the task
of the Coordinator is to be a central policy coordination point for
all issues related to Haiti, as well as to work closely with the
USAID Administrator to develop the Haiti rebuilding strategy.
Section 6. Haiti Rebuilding and Development Strategy
The legislation directs USAID to prepare and submit a com-
prehensive rebuilding and development strategy for Haiti, in con-
sultation with the Government of Haiti, civil society organizations,
private sector entities, and other implementing partners, and in co-
ordination with the international community. The strategy should
include specific and measurable goals, benchmarks and time
frames, an implementation plan to achieve policy objectives, and a
detailed monitoring and evaluation plan tied to quantifiable and
measurable indicators. To ensure appropriate accountability, the
committee includes several reporting requirements in the legisla-
tion linked to the strategy and also mandates that the Government
Accountability Office monitor and report on the Haiti rebuilding
and development strategy.
IV. COST ESTIMATE
In accordance with Rule XXVI, paragraph 11(a) of the Standing
Rules of the Senate, the committee provides this estimate of the
costs of this legislation prepared by the Congressional Budget Of-
fice.
June 25, 2010.
Hon. JOHN F. KERRY,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for S. 3317, the Haiti Empower-
ment, Assistance, and Rebuilding Act of 2010.









If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is John Chin.
Sincerely,
DOUGLAS W. ELMENDORF,
Director.
Enclosure.
The Haiti Empowerment, Assistance, and Rebuilding Act of 2010
S. 3317 would authorize the appropriation of $2 billion over the
2010-2011 period to support reconstruction and development in
Haiti, which suffered from a damaging earthquake on January 12,
2010. In addition, the bill would establish a position of Senior Haiti
Coordinator in the Department of State to advise, oversee, and co-
ordinate U.S. policy towards Haiti for five years. Based on informa-
tion from the Administration, CBO estimates that about $1 million
a year over the 2012-2015 period would be needed to fund the op-
erating expenses (including salary, benefits, supplies, travel, etc.)
for the Senior Haiti Coordinator and a small support staff of five
to seven people.
CBO estimates that implementing S. 3317 would cost about $2
billion over the 2010-2015 period, assuming that the authorized
and estimated amounts are appropriated each year and that out-
lays follow historical spending patterns for similar programs. The
estimated budgetary impact of S. 3317 is shown in the following
table. The costs of this legislation fall within budget function 150
(international affairs).

Changes in Spending Subject to Appropriation Due to S. 3317
By Fiscal Year, in Millions of Dollars
2010-
2010 2011 2012 2013 2014 2015 2015

Estimated Authorization Level ............ 1,500 500 1 1 1 1 2,005
Estimated Outlays .............................. 263 641 540 325 138 52 1,959
Note: Numbers do not sum to totals because of rounding.
Enacting S. 3317 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures would not apply. S. 3317 con-
tains no intergovernmental or private-sector mandates as defined
in the Unfunded Mandates Reform Act and would not affect the
budgets of state, local, or tribal governments.
The CBO staff contact for this estimate is John Chin. This esti-
mate was approved by Theresa Gullo, Deputy Assistant Director
for Budget Analysis.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to Rule XXVI, paragraph 11(b) of the Standing Rules
of the Senate, the committee has determined that there is no regu-
latory impact as a result of this legislation.







7

VI. CHANGES IN EXISTING LAW
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new matter is printed in italic, exist-
ing law in which no change is proposed is shown in roman).
Foreign Assistance Act of 1961
*
SEC. 620[J] M. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
(a) IN GENERAL.-No assistance shall be furnished under this Act
or the Arms Export Control Act to any unit of the security forces
of a foreign country if the Secretary of State has credible evidence
that such unit has committed gross violations of human rights.
*

O