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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Reported in Senate (RS)]

                                                       Calendar No. 447
113th CONGRESS
  2d Session
                                S. 1104

                          [Report No. 113-201]

 To measure the progress of recovery and development efforts in Haiti 
 following the earthquake of January 12, 2010, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2013

Mr. Nelson (for himself, Ms. Landrieu, Mr. Cardin, and Mrs. Gillibrand) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

                             June 26, 2014

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Assessing Progress in Haiti 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) According to the Government of Haiti, more 
        than 316,000 people died as a result of the earthquake that 
        struck 15 miles southwest of Port-au-Prince on January 12, 
        2010, including 103 citizens of the United States and more than 
        100 United Nations personnel.</DELETED>
        <DELETED>    (2) According to the United Nations and the 
        International Organization for Migration, an estimated 
        3,000,000 people were directly affected by the disaster, and 
        more than 2,100,000 people were displaced from their 
        homes.</DELETED>
        <DELETED>    (3) The Post Disaster Needs Assessment conducted 
        by the Government of Haiti, the United Nations, the World Bank, 
        the Inter-American Development Bank, and others estimated that 
        damage and economic losses totaled $7,804,000,000, 
        approximately 120 percent of Haiti's gross domestic product in 
        2009.</DELETED>
        <DELETED>    (4) The initial emergency response of the men and 
        women of the United States Government, led by the United States 
        Agency for International Development and the United States 
        Southern Command, as well as of cities, towns, individuals, 
        businesses, and philanthropic organizations across the United 
        States, was swift and resolute.</DELETED>
        <DELETED>    (5) According to the Government of Haiti, numerous 
        multilateral agencies such as the United Nations, and 
        international nongovernmental organizations, Haiti faces an 
        ongoing food crisis as a result of the earthquake and 
        subsequent damage caused by tropical storms and hurricanes, as 
        well as long-term neglect of the agriculture sector.</DELETED>
        <DELETED>    (6) According to the International Organization 
        for Migration, approximately 320,000 people remain in 
        spontaneous and organized camps in Haiti, and reports by the 
        General Accountability Office, the Inspector General for the 
        United States Agency for International Development, and civil 
        society organizations indicate that the pace of recovery and 
        development has lagged significantly behind the emergency 
        relief phase.</DELETED>
        <DELETED>    (7) On October 21, 2010, an outbreak of cholera 
        was detected and according to the Haitian Ministry of Public 
        Health and Population, as of February 17, 2013, more than 8,000 
        people had died from cholera and more than 647,500 had been 
        infected with the disease.</DELETED>
        <DELETED>    (8) The United Nations Office of the Special Envoy 
        for Haiti estimates that, including donor pledges and other 
        support, approximately $6,400,000,000 has been disbursed, with 
        an additional amount of $3,800,000,000 committed, to assist in 
        Haiti's recovery and development.</DELETED>
        <DELETED>    (9) The United States Government has appropriated 
        approximately $3,600,000,000 for relief, recovery, and 
        development in Haiti since the earthquake, of which 
        $2,600,000,000 had been disbursed as of March 2013. The United 
        States Government has also provided more than $95,000,000 in 
        aid to combat the cholera epidemic and care for the 
        victims.</DELETED>
        <DELETED>    (10) Significant challenges remain in Haiti, which 
        will require continued recovery and development aid from the 
        international community for the foreseeable future.</DELETED>
        <DELETED>    (11) The Haitian diaspora has also played an 
        essential role in Haiti's reconstruction, and the United States 
        Government should take steps to increase outreach and encourage 
        participation by Haitian Americans in recovery and development 
        activities in Haiti.</DELETED>

<DELETED>SEC. 3. REPORT.</DELETED>

<DELETED>    (a) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report on the status of post-
earthquake recovery and development efforts in Haiti, including efforts 
to prevent the spread of cholera and treat persons infected with the 
disease.</DELETED>
<DELETED>    (b) Content.--The report required by subsection (a) shall 
include the following elements:</DELETED>
        <DELETED>    (1) An assessment of the progress of recovery and 
        development efforts, as embodied in the Haiti Rebuilding and 
        Development Strategy, compared to what remains to be achieved 
        to meet specific goals, including--</DELETED>
                <DELETED>    (A) the amount of funds disbursed and any 
                significant changes to the Strategy since January 2010, 
                with an explanation of such changes;</DELETED>
                <DELETED>    (B) the amounts obligated and expended on 
                United States Government programs and activities since 
                January 2010 to implement the Strategy, including award 
                data on the use of implementing partners at the prime 
                level and at the subprime level of $25,000 and above, 
                and disbursement data from prime implementing partners; 
                and</DELETED>
                <DELETED>    (C) a description of goals and 
                quantitative and qualitative indicators to evaluate the 
                progress, achievement, or lack of achievement of such 
                goals, within specific time frames, that comprise the 
                Strategy at the program level.</DELETED>
        <DELETED>    (2) An assessment of the manner in which the 
        Department of State and the United States Agency for 
        International Development are working with ministries and local 
        authorities in Haiti, including the extent to which the 
        Government of Haiti has been consulted on the establishment of 
        goals and time frames and on the design and implementation of 
        new programs under the Strategy.</DELETED>
        <DELETED>    (3) An assessment of the extent to which civil 
        society and grassroots organizations in Haiti have been 
        consulted on the establishment of goals and time frames and on 
        the design and implementation of new programs under the 
        Strategy.</DELETED>
        <DELETED>    (4) An assessment of efforts to increase the 
        involvement of the private sector in Haiti in recovery and 
        development activities.</DELETED>
        <DELETED>    (5) An assessment of how consideration for 
        vulnerable populations, including internally displaced persons, 
        women, children, orphans, and persons with disabilities, have 
        been incorporated in the design and implementation of new 
        programs and infrastructure.</DELETED>
        <DELETED>    (6) An assessment of how agriculture and 
        infrastructure programs are impacting food security and the 
        livelihoods of smallholder farmers in Haiti.</DELETED>
        <DELETED>    (7) An assessment of recovery and development 
        coordination among United States Government agencies and 
        between the United States Government and other 
        donors.</DELETED>
        <DELETED>    (8) A description of the United States 
        Government's efforts, including diplomatic efforts, to help 
        abate the cholera epidemic in Haiti, in coordination with the 
        Government of Haiti, the United Nations, and other relevant 
        entities.</DELETED>
        <DELETED>    (9) A description of mechanisms for communicating 
        the progress of recovery and development efforts to people in 
        Haiti.</DELETED>
        <DELETED>    (10) An assessment 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.</DELETED>
<DELETED>    (c) Use of Previously Appropriated Funds.--Funding for the 
report required under subsection (a) shall be made available from 
existing funds appropriated to the Department of State and the United 
States Agency for International Development for assistance to Haiti, 
and shall not exceed $75,000.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    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.

SEC. 3. STATEMENT OF POLICY.

    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.

SEC. 4. SENSE OF CONGRESS.

    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.

SEC. 5. REPORT.

    (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.

SEC. 6. STRATEGY.

    (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).
                                                       Calendar No. 447

113th CONGRESS

  2d Session

                                S. 1104

                          [Report No. 113-201]

_______________________________________________________________________

                                 A BILL

 To measure the progress of recovery and development efforts in Haiti 
 following the earthquake of January 12, 2010, and for other purposes.

_______________________________________________________________________

                             June 26, 2014

                       Reported with an amendment
```