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[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,
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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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