[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Enrolled Bill (ENR)]
S.1104
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To measure the progress of recovery and development efforts in Haiti
following the earthquake of January 12, 2010, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

881a260e831624e346f24d67b11a0832d3e842b3411a2584c94ce23d48cc3c77

This Act may be cited as the ``Assessing Progress in Haiti Act of
2014''.

e9efda2692a596895aa6281c06ade2715a3ebd3fae284c971b7e3a8d31289c5d

Congress makes the following findings:
(1) On January 12, 2010, a massive earthquake struck near the
Haitian capital city of Port-au-Prince, leaving an estimated
220,000 people dead, including 103 United States citizens, 101
United Nations personnel, and nearly 18 percent of the nation's
civil service, as well as 300,000 injured, 115,000 homes destroyed,
and 1,500,000 people displaced.
(2) According to the Post Disaster Needs Assessment conducted
by the Government of Haiti, with technical assistance from the
United Nations, the World Bank, the Inter-American Development
Bank, the Economic Commission for Latin America and the Caribbean,
and the European Commission, an estimated 15 percent of the
population was directly affected by the disaster and related
damages and economic losses totaled $7,804,000,000.
(3) Even before the earthquake, Haiti had some of the lowest
socioeconomic indicators and the second highest rate of income
disparity in the world, conditions that have further complicated
post-earthquake recovery efforts and, according to the World Bank,
have significantly reduced the prospects of addressing poverty
reduction through economic growth.
(4) According to the World Food Programme, more than 6,700,000
people in Haiti (out of a population of about 10,000,000) are
considered food insecure.
(5) In October 2010, an unprecedented outbreak of cholera in
Haiti resulted in over 500,000 reported cases and over 8,000 deaths
to date, further straining the capacity of Haiti's public health
sector and increasing the urgency of resettlement and water,
sanitation, and hygiene (WASH) efforts.
(6) The international community, led by the United States and
the United Nations, mounted an unprecedented humanitarian response
in Haiti, with donors pledging approximately $10,400,000,000 for
humanitarian relief and recovery efforts, including debt relief,
supplemented by $3,100,000,000 in private charitable contributions,
of which approximately $6,400,000,000 has been disbursed and an
additional $3,800,000,000 has been committed as of September 30,
2013.
(7) The emergency response of the men and women of the United
States Government, led by the United States Agency for
International Development (USAID) and the United States Southern
Command, as well as of cities, towns, individuals, businesses, and
philanthropic organizations across the United States, was
particularly swift and resolute.
(8) Since 2010, a total of $1,300,000,000 in United States
assistance has been allocated for humanitarian relief and
$2,300,000,000 has been allocated for recovery, reconstruction, and
development assistance in Haiti, including $1,140,000,000 in
emergency appropriations and $95,000,000 that has been obligated
specifically to respond to the cholera epidemic.
(9) Of the $3,600,000,000 in United States assistance allocated
for Haiti, $651,000,000 was apportioned to USAID to support an
ambitious recovery plan, including the construction of a power
plant to provide electricity for the new Caracol Industrial Park
(CIP) in northern Haiti, a new port near the CIP, and permanent
housing in new settlements in the Port-au-Prince, St-Marc, and Cap-
Haitien areas.
(10) According to a recent report of the Government
Accountability Office, as of June 30, 2013, USAID had disbursed 31
percent of its reconstruction funds in Haiti, the port project was
2 years behind schedule and USAID funding will be insufficient to
cover a majority of the projected costs, the housing project has
been reduced by 80 percent, and the sustainability of the power
plant, the port, and the housing projects were all at risk.
(11) GAO further found that Congress has not been provided with
sufficient information to ensure that it is able to conduct
effective oversight at a time when most funding remains to be
disbursed, and specifically recommends that a periodic reporting
mechanism be instituted to fill this information gap.
(12) Donors have encountered significant challenges in
implementing recovery programs, and nearly 4 years after the
earthquake, an estimated 171,974 people remain displaced in camps,
unemployment remains high, corruption is rampant, land rights
remain elusive, allegations of wage violations are widespread, the
business climate is unfavorable, and government capacity remains
weak.
(13) For Haiti to achieve stability and long term economic
growth, donor assistance will have to be carefully coordinated with
a commitment by the Government of Haiti to transparency, a market
economy, rule of law, and democracy.
(14) The legal environment in Haiti remains a challenge to
achieving the goals supported by the international community.

853ec6f824105fe493b7b4233414d8c6c0466e048f7e9e76c1c234a3c4d8ce6f

It is the policy of the United States to support the sustainable
rebuilding and development of Haiti in a manner that--
(1) promotes efforts that are led by and support the people and
Government of Haiti at all levels so that Haitians lead the course
of reconstruction and development of Haiti;
(2) builds the long term capacity of the Government of Haiti
and civil society in Haiti;
(3) reflects the priorities and particular needs of both women
and men so they may participate equally and to their maximum
capacity;
(4) respects and helps restore Haiti's natural resources, as
well as builds community-level resilience to environmental and
weather-related impacts;
(5) provides timely and comprehensive reporting on goals and
progress, as well as transparent post program evaluations and
contracting data;
(6) prioritizes the local procurement of goods and services in
Haiti where appropriate; and
(7) promotes the holding of free, fair, and timely elections in
accordance with democratic principles and the Haitian Constitution.

bc12b393113bd3d2936242e196b781e6a84648e82c34483cdfa997322eee9e41

It is the sense of Congress that transparency, accountability,
democracy, and good governance are integral factors in any
congressional decision regarding United States assistance, including
assistance to Haiti.

5c5d4365530f16d5dfe25d2006c0b1f1bc93ac146f92cef55b84528eb4082068

(a) In General.--Not later than December 31, 2014, and annually
thereafter through December 31, 2017, the Secretary of State shall
submit to Congress a report on the status of post-earthquake recovery
and development efforts in Haiti.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a summary of ``Post-Earthquake USG Haiti Strategy: Toward
Renewal and Economic Opportunity'', including any significant
changes to the strategy over the reporting period and an
explanation thereof;
(2) a breakdown of the work that the United States Government
agencies other than USAID and the Department of State are
conducting in the Haiti recovery effort, and the cost of that
assistance;
(3) an assessment of the progress of United States efforts to
advance the objectives of the ``Post-Earthquake USG Haiti Strategy:
Toward Renewal and Economic Opportunity'' produced by the
Department of State, compared to what remains to be achieved to
meet specific goals, including--
(A) a description of any significant changes to the
Strategy over the reporting period and an explanation thereof;
(B) an assessment of progress, or lack thereof, over the
reporting period toward meeting the goals and objectives,
benchmarks, and timeframes specified in the Strategy,
including--
(i) a description of progress toward designing and
implementing a coordinated and sustainable housing
reconstruction strategy that addresses land ownership,
secure land tenure, water and sanitation, and the unique
concerns of vulnerable populations such as women and
children, as well as neighborhood and community
revitalization, housing finance, and capacity building for
the Government of Haiti to implement an effective housing
policy;
(ii) a description of United States Government efforts
to construct and sustain the proposed port, as well as an
assessment of the current projected timeline and cost for
completion; and
(iii) a description of United States Government efforts
to attract and leverage the investments of private sector
partners to the CIP, including by addressing any policy
impediments;
(C) a description of the quantitative and qualitative
indicators used to evaluate the progress toward meeting the
goals and objectives, benchmarks, and timeframes specified in
the Strategy at the program level;
(D) the amounts committed, obligated, and expended on
programs and activities to implement the Strategy, by sector
and by implementing partner at the prime and subprime levels
(in amounts of not less than $25,000); and
(E) a description of the risk mitigation measures put in
place to limit the exposure of United States assistance
provided under the Strategy to waste, fraud, and abuse;
(4) a description of measures taken to strengthen, and United
States Government efforts to improve, Haitian governmental and
nongovernmental organizational capacity to undertake and sustain
United States-supported recovery programs;
(5) as appropriate, a description of United States efforts to
consult and engage with Government of Haiti ministries and local
authorities on the establishment of goals and timeframes, and on
the design and implementation of new programs under the Post-
Earthquake USG Haiti Strategy: Toward Renewal and Economic
Opportunity;
(6) a description of efforts by Haiti's legislative and
executive branches to consult and engage with Haitian civil society
and grassroots organizations on the establishment of goals and
timeframes, and on the design and implementation of new donor-
financed programs, as well as efforts to coordinate with and engage
the Haitian diaspora;
(7) consistent with the Government of Haiti's ratification of
the United Nations Convention Against Corruption, a description of
efforts of the Governments of the United States and Haiti to
strengthen Government of Haiti institutions established to address
corruption, as well as related efforts to promote public
accountability, meet public outreach and disclosure obligations,
and support civil society participation in anti-corruption efforts;
(8) a description of efforts to leverage public-private
partnerships and increase the involvement of the private sector in
Haiti in recovery and development activities and coordinate
programs with the private sector and other donors;
(9) a description of efforts to address the particular needs of
vulnerable populations, including internally displaced persons,
women, children, orphans, and persons with disabilities, in the
design and implementation of new programs and infrastructure;
(10) a description of the impact that agriculture and
infrastructure programs are having on the food security,
livelihoods, and land tenure security of smallholder farmers,
particularly women;
(11) a description of mechanisms for communicating the progress
of recovery and development efforts to the people of Haiti,
including a description of efforts to provide documentation,
reporting and procurement information in Haitian Creole;
(12) a description of the steps the Government of Haiti is
taking to strengthen its capacity to receive individuals who are
removed, excluded, or deported from the United States; and
(13) an assessment of actions necessary to be taken by the
Government of Haiti to assist in fulfilling the objectives of the
Strategy.

3a5cc3c5d4b4dece8d686837ccc69c540fdd680060d869d1018011d3762268aa

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Assistant Secretary of State for Western Hemisphere Affairs, shall
coordinate and transmit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a three-year Haiti strategy based on rigorous
assessments that--
(1) identifies and addresses constraints to sustainable, broad-
based economic growth and to the consolidation of responsive,
democratic government institutions;
(2) includes an action plan that outlines policy tools,
technical assistance, and anticipated resources for addressing the
highest-priority constraints to economic growth and the
consolidation of democracy, as well as a specific description of
mechanisms for monitoring and evaluating progress; and
(3) identifies specific steps and verifiable benchmarks
appropriate to provide direct bilateral assistance to the
Government of Haiti.
(b) Elements.--The strategy required under subsection (a) should
address the following elements:
(1) A plan to engage the Government of Haiti on shared
priorities to build long-term capacity, including the development
of a professional civil service, to assume increasing
responsibility for governance and budgetary sustainment of
governmental institutions.
(2) A plan to assist the Government of Haiti in holding free,
fair and timely elections in accordance with democratic principles.
(3) Specific goals for future United States support for efforts
to build the capacity of the Government of Haiti, including to-
(A) reduce corruption;
(B) consolidate the rule of law and an independent
judiciary;
(C) strengthen the civilian police force;
(D) develop sustainable housing, including ensuring
appropriate titling and land ownership rights;
(E) expand port capacity to support economic growth;
(F) attract and leverage the investments of private sector
partners, including to the Caracol Industrial Park;
(G) promote large and small scale agricultural development
in a manner that reduces food insecurity and contributes to
economic growth;
(H) improve access to potable water, expand public
sanitation services, reduce the spread of infectious diseases,
and address public health crises;
(I) restore the natural resources of Haiti, including
enhancing reforestation efforts throughout the country; and
(J) gain access to safe, secure, and affordable supplies of
energy in order to strengthen economic growth and energy
security.
(c) Consultation.--In devising the strategy required under
subsection (a), the Secretary should--
(1) coordinate with all United States Government departments
and agencies carrying out work in Haiti;
(2) consult with the Government of Haiti, including the
National Assembly of Haiti, and representatives of private and
nongovernmental sectors in Haiti; and
(3) consult with relevant multilateral organizations,
multilateral development banks, private sector institutions,
nongovernmental organizations, and foreign governments present in
Haiti.
(d) Briefings.--The Secretary of State, at the request of the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives, shall provide a
quarterly briefing that reviews progress of the implementation of the
strategy required under subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b78e96d85ee8f32b1c686e88574dece6972a0af7ca64ed1103af15860b3c9823

Assessing Progress in Haiti Act of 2014 — S. 1104

Other Sections

Want the full experience?