1.This Act may be cited as the
Next Steps for Haiti Act of
2009
.
2.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.
3.The
Next Steps for Haiti Act of 2009
(a)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)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)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 organizationsThe 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 ProgramThe 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 ProgramThe
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 ProgramParticipants 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)Individuals may participate in the Exchange Program for
not longer than 27 months.
(B)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)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)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)
(A)The Exchange Program shall be established
not later than 180 days after the date of the enactment of this Act.
(B)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)In this section:
(A)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)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)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)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)
(1)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)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.
4.Loan forgiveness for
Exchange Program participants
(a)
(1)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)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)
(1)Promise to
complete service required for paymentAny 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)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)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.