[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 417 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 417

    To provide for professional exchanges with Haiti, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

Ms. Lee of California (for herself, Mr. Towns, Mr. Engel, Mr. Conyers, 
  Mr. Crowley, Ms. Corrine Brown of Florida, Mr. Meek of Florida, Mr. 
Johnson of Georgia, Mrs. Christensen, Mr. Lewis of Georgia, Ms. Edwards 
    of Maryland, Mr. Hastings of Florida, Mr. Rangel, and Mr. Rush) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide for professional exchanges with Haiti, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Steps for Haiti Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Haiti is the world's first black-led republic and the 
        first Caribbean country to achieve independence.
            (2) Since its independence on January 1, 1804, the 
        Government of Haiti has struggled to meet the promise of 
        freedom and democracy expressed in the Preliminary Declaration 
        of its 1805 Constitution.
            (3) Many government changes in the last three decades, 
        accompanied with ongoing violence, have contributed to the 
        government's inability to provide security for its citizens and 
        provide an environment conducive for the development of 
        infrastructure.
            (4) Since the return of Haiti's democracy, the country has 
        taken steps to achieve a relative measure of stability. 
        However, the 40 percent rise in global food prices and 
        subsequent 50 percent rise in the cost of Haiti's staple foods 
        since mid-2007 has threatened Haiti's security and the capacity 
        of Haiti's economy to prosper.
            (5) Haiti today stands as the Western Hemisphere's poorest 
        country, and would benefit greatly from technical assistance in 
        the fields of health care, sanitation, capacity building, and 
        the environment.
            (6) United States Caribbean nationals have traditionally 
        contributed to the economic and social development of their 
        home countries through remittances. Diasporas serve as lobbies 
        in their host countries and as transnational networks and 
        actors in their respective societies. Partnering with the 
        resources of a diaspora can lead to staffing and training of 
        public administration, business development, job creation, and 
        migration management.
            (7) At least 3 million Haitians live abroad, mostly in the 
        United States and Canada. Members of the Haitian diaspora are 
        Haiti's first customers and investors in tourism, small 
        business, and mining. Return trips by Haitians living abroad 
        provide significant capital for local economies and tourism.
            (8) According to the Inter-American Development Bank, 
        remittances to families in Haiti reached an estimated 1.83 
        billion in 2007. These remittances account for 35 percent of 
        Haiti's gross domestic product.
            (9) The diaspora support is received from hometown 
        associations of professionals focusing on specific fields. 
        These help create small- and medium-sized businesses in Haiti, 
        through micro-volunteer projects and the channeling of funds 
        through local, departmental, and national initiatives.
            (10) Mobilizing Haitians abroad is one means to advance 
        state and economic reconstruction as well as reversing the 
        brain drain and bring skilled and professional expatriates back 
        to Haiti to greatly expand the nation's management capacity and 
        workforce.

SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2009.

    (a) Program Authorized.--The Director of Foreign Assistance, in 
consultation with the democratically elected Government of Haiti and 
Haitian civil society organizations, is authorized to establish a 
professional exchange program in Haiti, to be known as the ``Haiti 
Professional Exchange Program'' (in this Act referred to as the 
``Exchange Program''). At all major phases of the Exchange Program, 
including establishing the Exchange Program's priorities, identifying 
the most appropriate skills for Exchange Program participants, and 
selecting and supervising Exchange Program participants, the 
democratically elected Government of Haiti and Haitian civil society 
organizations shall be consulted.
    (b) Purpose.--The purpose of the Exchange Program is to assign 
qualified Haitian Americans and others to provide technical assistance 
to help Haiti improve in areas vital to its growth and development, 
which may include education, energy, environment, healthcare, 
infrastructure, security, transportation, and disaster preparedness.
    (c) Coordination.--In carrying out the Exchange Program, the 
Director of Foreign Assistance shall negotiate an agreement with the 
democratically elected Government of Haiti to--
            (1) provide technical assistance in areas vital to Haiti's 
        growth and development as provided under subsection (b); and
            (2) identify, in accordance with Haitian needs and 
        priorities, the sectors or professional fields to which 
        Exchange Program participants may provide technical assistance 
        and the objectives to be achieved, including specific projects 
        or programs.
    (d) Consultation With Haitian Civil Society Organizations.--The 
democratically elected Government of Haiti should consult with Haitian 
civil society organizations to identify the needs and priorities of 
Haiti to outline the sectors or professional fields to which Exchange 
Program participants may provide technical assistance and the 
objectives to be achieved, including specific projects or programs.
    (e) Selection of Individuals for Participation in the Exchange 
Program.--The Director of Foreign Assistance shall establish a 
selections committee, consisting of representatives of the 
democratically elected Government of Haiti and Haitian civil society 
organizations, to identify criteria that should be met by individuals 
who wish to participate in the Exchange Program. In addition, the 
selections committee shall review potential eligible applicants who 
wish to participate in the Exchange Program to ensure that they can act 
as experts.
    (f) Outreach Program To Encourage Participation in the Exchange 
Program.--The Director of Foreign Assistance shall establish an 
outreach program to encourage participation in the Exchange Program, by 
individuals who shall meet the following requirements:
            (1) Are citizens of the United States or lawfully admitted 
        for permanent residence in the United States.
            (2) Are--
                    (A) fluent in Kreyol or are working towards a 
                proficiency in Kreyol, or willing to undertake 
                intensive Kreyol training; or
                    (B) fluent in French or are working towards a 
                proficiency in French, or willing to undertake 
                intensive French training.
            (3) Possess skills or expertise to further the purposes of 
        this Act.
    (g) Terms of Participation for Individuals in the Exchange 
Program.--
            (1) Orientation required for individuals in the exchange 
        program.--Participants shall attend an orientation outlined by 
        the Director of Foreign Assistance, in consultation with the 
        selection committee. The orientation shall consist of workshops 
        and seminars designed to prepare participants for their stay in 
        Haiti. Topics addressed shall include the following:
                    (A) A review of the Exchange Program's goals and 
                intentions.
                    (B) A review of Haiti's different approaches to the 
                country's development needs.
                    (C) A review of the potential cultural and 
                behavioral barriers individuals may face while 
                participating in the Exchange Program.
            (2) Length of service in exchange program.--
                    (A) 27 months.--Individuals may participate in the 
                Exchange Program for not longer than 27 months.
                    (B) Exception.--If a participant would like to 
                extend the duration of time of participation in the 
                program, an application for such an extension shall be 
                subject to approval of the Director of Foreign 
                Assistance, in consultation with the democratically 
                elected Government of Haiti. Upon approval, individuals 
                may participate in the Exchange Program for one 
                additional year.
                    (C) Compensation and readjustment allowance.--
                            (i) Compensation.--An individual who 
                        participates in the Exchange Program shall 
                        receive monthly compensation equal to the 
                        average monthly salary of such individual's 
                        professional Haitian counterpart.
                            (ii) Readjustment allowance.--At the end of 
                        an individual's participation in the Exchange 
                        Program, the Director of Foreign Assistance 
                        shall provide to such individual a readjustment 
                        allowance in an amount equal to the number of 
                        months such individual participated in the 
                        Exchange Program multiplied by $250.
            (3) Enactment, notice.--
                    (A) Establishment.--The Exchange Program shall be 
                established not later than 180 days after the date of 
                the enactment of this Act.
                    (B) Notice.--Not later than 30 days after the date 
                on which the Director of Foreign Assistance establishes 
                the Exchange Program under subsection (a), the Director 
                shall--
                            (i) provide notice thereof to Congress; and
                            (ii) submit to Congress information on the 
                        Exchange Program that contains the agreement 
                        governing the scope of work negotiated with the 
                        democratically elected Government of Haiti, a 
                        recruitment plan for participants, and a 
                        description of the qualifications and other 
                        appropriate information relating to individuals 
                        who are to be recruited to participate in the 
                        Exchange Program, including the needs that the 
                        individuals are expected to fill under the 
                        Exchange Program.
            (4) Definitions.--In this section:
                    (A) Civil society.--The term ``civil society'' 
                means voluntary civic and social organizations and may 
                include registered charities, grassroots organizations, 
                coalitions and advocacy groups, and professional 
                associations.
                    (B) Expert advisors.--The term ``expert advisors'' 
                means individuals who possess extensive experience in 
                fields which will benefit Haiti that may include 
                education, energy, environment, health care, 
                infrastructure, security, transportation, and disaster 
                preparedness.
            (5) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated for each of fiscal years 2009 through 2014 
                such sums as may be necessary to carry out this 
                section.
                    (B) Sense of congress.--It is the sense of Congress 
                that at least $3,000,000 should be made available for 
                each of the fiscal years specified in subparagraph (A) 
                to carry out this section.
    (h) Reports.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act and annually thereafter, the Director 
        of Foreign Assistance shall submit to Congress a report 
        regarding the Exchange Program.
            (2) Contents.--The reports shall include information 
        relating to the following:
                    (A) Individuals and organizations selected to 
                participate and receive funds and a detailed breakdown 
                of the uses of such funds, including purpose, 
                locations, and results.
                    (B) The potential for expansion of the Exchange 
                Program.
                    (C) The number of individuals recruited to 
                participate in the Exchange Program, their countries of 
                origin and their current residences, and the ministry 
                or agency and the locality in which each individual is 
                placed.
                    (D) A statement of financial accounting.

SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS.

    (a) Program Established.--
            (1) Program authorized.--The Secretary of State, in 
        cooperation with the Secretary of Education, shall establish 
        and implement a program to cancel the obligation of loan 
        borrowers to pay the principal and interest on student loans 
        for program participants, during their service in the Exchange 
        Program under section 2.
            (2) Method of repayment.--The Secretary of State shall 
        carry out such program by repaying in accordance with 
        subsection (b) the principal and interest, not to exceed a 
        total of $10,000, on a loan made under title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower 
        who--
                    (A) has obtained an undergraduate or graduate 
                degree;
                    (B) is selected to participate in the Exchange 
                Program under section 2 of this Act;
                    (C) is a United States citizen or permanent legal 
                resident; and
                    (D) is in repayment status on such loan and is not 
                in default on a loan for which the borrower seeks 
                forgiveness of principal and interest payments.
    (b) Terms.--
            (1) Promise to complete service required for payment.--Any 
        application for payment under subsection (a) shall contain an 
        agreement by the applicant that the applicant will continue in 
        a qualifying service described in subsection (a)(2)(B) for not 
        less than 1 complete year, or will, upon a failure to complete 
        such year, repay the United States the amount of the principal 
        and interest repaid by the Secretary under subsection (a), at a 
        rate and schedule, and in accordance with regulations, 
        prescribed by the Secretary. Such regulations may provide for 
        waiver by the Secretary of such repayment obligations upon 
        proof of economic hardship as specified in such regulations.
            (2) Payment in installments.--After a borrower has been 
        selected as a participant of the Exchange Program under section 
        2, the Secretary shall make payments under this section while 
        the borrower is in loan repayment status and continues as a 
        participant of such program. The Secretary shall repay a 
        portion of a borrower's outstanding loan, not to exceed a total 
        of $10,000, in the following increments:
                    (A) Up to $2,000, or 20 percent of the borrower's 
                outstanding loan balance, whichever is less, at the 
                completion of the first year of such service.
                    (B) Up to $2,500, or 25 percent of the borrower's 
                outstanding loan balance, whichever is less, at the 
                completion of the second year of such service.
                    (C) Up to $5,000, or 50 percent of the borrower's 
                outstanding loan balance, whichever is less, at the 
                completion of the third and final year of such service.
    (c) Regulations.--The Secretary of State is authorized to issue 
such regulations as may be necessary to carry out this section. Such 
regulations shall establish procedures by which borrowers shall apply 
for loan repayment under this section.
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