II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assessing Progress in 

5 Haiti Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) According to the Government of Haiti, more 

4 than 316,000 people died as a result of the earth5 quake that struck 15 miles southwest of Port-au6 Prince on January 12, 2010, including 103 citizens 

7 of the United States and more than 100 United Na8 tions personnel. 

9 (2) According to the United Nations and the 

10 International Organization for Migration, an esti11 mated 3,000,000 people were directly affected by the 

12 disaster, and more than 2,100,000 people were dis13 placed from their homes. 

14 (3) The Post Disaster Needs Assessment con15 ducted by the Government of Haiti, the United Na16 tions, the World Bank, the Inter-American Develop17 ment Bank, and others estimated that damage and 

18 economic losses totaled $7,804,000,000, approxi19 mately 120 percent of Haiti’s gross domestic prod20 uct in 2009. 

21 (4) The initial emergency response of the men 

22 and women of the United States Government, led by 

23 the United States Agency for International Develop24 ment and the United States Southern Command, as 

25 well as of cities, towns, individuals, businesses, and 


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1 philanthropic organizations across the United States, 

2 was swift and resolute. 

3 (5) According to the Government of Haiti, nu4 merous multilateral agencies such as the United Na5 tions, and international nongovernmental organiza6 tions, Haiti faces an ongoing food crisis as a result 

7 of the earthquake and subsequent damage caused by 

8 tropical storms and hurricanes, as well as long-term 

9 neglect of the agriculture sector. 

10 (6) According to the International Organization 

11 for Migration, approximately 320,000 people remain 

12 in spontaneous and organized camps in Haiti, and 

13 reports by the General Accountability Office, the In14 spector General for the United States Agency for 

15 International Development, and civil society organi16 zations indicate that the pace of recovery and devel17 opment has lagged significantly behind the emer18 gency relief phase. 

19 (7) On October 21, 2010, an outbreak of chol20 era was detected and according to the Haitian Min21 istry of Public Health and Population, as of Feb22 ruary 17, 2013, more than 8,000 people had died 

23 from cholera and more than 647,500 had been in24 fected with the disease. 


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1 (8) The United Nations Office of the Special 

2 Envoy for Haiti estimates that, including donor 

3 pledges and other support, approximately 

4 $6,400,000,000 has been disbursed, with an addi5 tional amount of $3,800,000,000 committed, to as6 sist in Haiti’s recovery and development. 

7 (9) The United States Government has appro8 priated approximately $3,600,000,000 for relief, re9 covery, and development in Haiti since the earth10 quake, of which $2,600,000,000 had been disbursed 

11 as of March 2013. The United States Government 

12 has also provided more than $95,000,000 in aid to 

13 combat the cholera epidemic and care for the vic14 tims. 

15 (10) Significant challenges remain in Haiti, 

16 which will require continued recovery and develop17 ment aid from the international community for the 

18 foreseeable future. 

19 (11) The Haitian diaspora has also played an 

20 essential role in Haiti’s reconstruction, and the 

21 United States Government should take steps to in22 crease outreach and encourage participation by Hai23 tian Americans in recovery and development activi24 ties in Haiti. 


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1 SEC. 3. REPORT. 

2 (a) REPORT REQUIRED.—Not later than 180 days 

3 after the date of the enactment of this Act, the Comp4 troller General of the United States shall submit to Con5 gress a report on the status of post-earthquake recovery 

6 and development efforts in Haiti, including efforts to pre7 vent the spread of cholera and treat persons infected with 

8 the disease. 

9 (b) CONTENT.—The report required by subsection 

10 (a) shall include the following elements: 

11 (1) An assessment of the progress of recovery 

12 and development efforts, as embodied in the Haiti 

13 Rebuilding and Development Strategy, compared to 

14 what remains to be achieved to meet specific goals, 

15 including— 

16 (A) the amount of funds disbursed and any 

17 significant changes to the Strategy since Janu18 ary 2010, with an explanation of such changes; 

19 (B) the amounts obligated and expended 

20 on United States Government programs and ac21 tivities since January 2010 to implement the 

22 Strategy, including award data on the use of 

23 implementing partners at the prime level and at 

24 the subprime level of $25,000 and above, and 

25 disbursement data from prime implementing 

26 partners; and 


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1 (C) a description of goals and quantitative 

2 and qualitative indicators to evaluate the 

3 progress, achievement, or lack of achievement 

4 of such goals, within specific time frames, that 

5 comprise the Strategy at the program level. 

6 (2) An assessment of the manner in which the 

7 Department of State and the United States Agency 

8 for International Development are working with 

9 ministries and local authorities in Haiti, including 

10 the extent to which the Government of Haiti has 

11 been consulted on the establishment of goals and 

12 time frames and on the design and implementation 

13 of new programs under the Strategy. 

14 (3) An assessment of the extent to which civil 

15 society and grassroots organizations in Haiti have 

16 been consulted on the establishment of goals and 

17 time frames and on the design and implementation 

18 of new programs under the Strategy. 

19 (4) An assessment of efforts to increase the in20 volvement of the private sector in Haiti in recovery 

21 and development activities. 

22 (5) An assessment of how consideration for vul23 nerable populations, including internally displaced 

24 persons, women, children, orphans, and persons with 


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1 disabilities, have been incorporated in the design and 

2 implementation of new programs and infrastructure. 

3 (6) An assessment of how agriculture and infra4 structure programs are impacting food security and 

5 the livelihoods of smallholder farmers in Haiti. 

6 (7) An assessment of recovery and development 

7 coordination among United States Government 

8 agencies and between the United States Government 

9 and other donors. 

10 (8) A description of the United States Govern11 ment’s efforts, including diplomatic efforts, to help 

12 abate the cholera epidemic in Haiti, in coordination 

13 with the Government of Haiti, the United Nations, 

14 and other relevant entities. 

15 (9) A description of mechanisms for commu16 nicating the progress of recovery and development 

17 efforts to people in Haiti. 

18 (10) An assessment of the steps the Govern19 ment of Haiti is taking to strengthen its capacity to 

20 receive individuals who are removed, excluded, or de21 ported from the United States. 

22 (c) USE OF PREVIOUSLY APPROPRIATED FUNDS.— 

23 Funding for the report required under subsection (a) shall 

24 be made available from existing funds appropriated to the 

25 Department of State and the United States Agency for 


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1 International Development for assistance to Haiti, and 

2 shall not exceed $75,000. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assessing Progress in 

5 Haiti Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) On January 12, 2010, a massive earthquake 

9 struck near the Haitian capital city of Port-au10 Prince, leaving an estimated 220,000 people dead, in11 cluding 103 United States citizens, 101 United Na12 tions personnel, and nearly 18 percent of the nation’s 

13 civil service, as well as 300,000 injured, 115,000 

14 homes destroyed, and 1,500,000 people displaced. 

15 (2) According to the Post Disaster Needs Assess16 ment conducted by the Government of Haiti, with 

17 technical assistance from the United Nations, the 

18 World Bank, the Inter-American Development Bank, 

19 the Economic Commission for Latin America and the 

20 Caribbean, and the European Commission, an esti21 mated 15 percent of the population was directly af22 fected by the disaster and related damages and eco23 nomic losses totaled $7,804,000,000. 

24 (3) Even before the earthquake, Haiti had some 

25 of the lowest socioeconomic indicators and the second 


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1 highest rate of income disparity in the world, condi2 tions that have further complicated post-earthquake 

3 recovery efforts and, according to the World Bank, 

4 have significantly reduced the prospects of addressing 

5 poverty reduction through economic growth. 

6 (4) According to the World Food Programme, 

7 more than 6,700,000 people in Haiti (out of a popu8 lation of about 10,000,000) are considered food inse9 cure. 

10 (5) In October 2010, an unprecedented outbreak 

11 of cholera in Haiti resulted in over 500,000 reported 

12 cases and over 8,000 deaths to date, further straining 

13 the capacity of Haiti’s public health sector and in14 creasing the urgency of resettlement and water, sani15 tation, and hygiene (WASH) efforts. 

16 (6) The international community, led by the 

17 United States and the United Nations, mounted an 

18 unprecedented humanitarian response in Haiti, with 

19 donors pledging approximately $10,400,000,000 for 

20 humanitarian relief and recovery efforts, including 

21 debt relief, supplemented by $3,100,000,000 in private 

22 charitable contributions, of which approximately 

23 $6,400,000,000 has been disbursed and an additional 

24 $3,800,000,000 has been committed as of September 

25 30, 2013. 


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1 (7) The emergency response of the men and 

2 women of the United States Government, led by the 

3 United States Agency for International Development 

4 (USAID) and the United States Southern Command, 

5 as well as of cities, towns, individuals, businesses, and 

6 philanthropic organizations across the United States, 

7 was particularly swift and resolute. 

8 (8) Since 2010, a total of $1,300,000,000 in 

9 United States assistance has been allocated for hu10 manitarian relief and $2,300,000,000 has been allo11 cated for recovery, reconstruction, and development 

12 assistance in Haiti, including $1,140,000,000 in 

13 emergency appropriations and $95,000,000 that has 

14 been obligated specifically to respond to the cholera 

15 epidemic. 

16 (9) Of the $3,600,000,000 in United States as17 sistance allocated for Haiti, $651,000,000 was appor18 tioned to USAID to support an ambitious recovery 

19 plan, including the construction of a power plant to 

20 provide electricity for the new Caracol Industrial 

21 Park (CIP) in northern Haiti, a new port near the 

22 CIP, and permanent housing in new settlements in 

23 the Port-au-Prince, St-Marc, and Cap-Haı ̈tien areas. 

24 (10) According to a recent report of the Govern25 ment Accountability Office, as of June 30, 2013, 


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1 USAID had disbursed 31 percent of its reconstruction 

2 funds in Haiti, the port project was 2 years behind 

3 schedule and USAID funding will be insufficient to 

4 cover a majority of the projected costs, the housing 

5 project has been reduced by 80 percent, and the sus6 tainability of the power plant, the port, and the hous7 ing projects were all at risk. 

8 (11) GAO further found that Congress has not 

9 been provided with sufficient information to ensure 

10 that it is able to conduct effective oversight at a time 

11 when most funding remains to be disbursed, and spe12 cifically recommends that a periodic reporting mecha13 nism be instituted to fill this information gap. 

14 (12) Donors have encountered significant chal15 lenges in implementing recovery programs, and near16 ly 4 years after the earthquake, an estimated 171,974 

17 people remain displaced in camps, unemployment re18 mains high, corruption is rampant, land rights re19 main elusive, allegations of wage violations are wide20 spread, the business climate is unfavorable, and gov21 ernment capacity remains weak. 

22 (13) For Haiti to achieve stability and long term 

23 economic growth, donor assistance will have to be 

24 carefully coordinated with a commitment by the GovVerDate Mar 15 2010 22:52 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1104.RS S1104

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1 ernment of Haiti to transparency, a market economy, 

2 rule of law, and democracy. 

3 (14) The legal environment in Haiti remains a 

4 challenge to achieving the goals supported by the 

5 international community. 

6 SEC. 3. STATEMENT OF POLICY. 

7 It is the policy of the United States to support the sus8 tainable rebuilding and development of Haiti in a manner 

9 that— 

10 (1) promotes efforts that are led by and support 

11 the people and Government of Haiti at all levels so 

12 that Haitians lead the course of reconstruction and 

13 development of Haiti; 

14 (2) builds the long term capacity of the Govern15 ment of Haiti and civil society in Haiti; 

16 (3) reflects the priorities and particular needs of 

17 both women and men so they may participate equally 

18 and to their maximum capacity; 

19 (4) respects and helps restore Haiti’s natural re20 sources, as well as builds community-level resilience 

21 to environmental and weather-related impacts; 

22 (5) provides timely and comprehensive reporting 

23 on goals and progress, as well as transparent post 

24 program evaluations and contracting data; 


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1 (6) prioritizes the local procurement of goods and 

2 services in Haiti where appropriate; and 

3 (7) promotes the holding of free, fair, and timely 

4 elections in accordance with democratic principles 

5 and the Haitian Constitution. 

6 SEC. 4. SENSE OF CONGRESS. 

7 It is the sense of Congress that transparency, account8 ability, democracy, and good governance are integral fac9 tors in any congressional decision regarding United States 

10 assistance, including assistance to Haiti. 

11 SEC. 5. REPORT. 

12 (a) IN GENERAL.—Not later than December 31, 2014, 

13 and annually thereafter through December 31, 2017, the 

14 Secretary of State shall submit to Congress a report on the 

15 status of post-earthquake recovery and development efforts 

16 in Haiti. 

17 (b) CONTENTS.—The report required by subsection (a) 

18 shall include— 

19 (1) a summary of ‘‘Post-Earthquake USG Haiti 

20 Strategy: Toward Renewal and Economic Oppor21 tunity’’, including any significant changes to the 

22 strategy over the reporting period and an explanation 

23 thereof; 

24 (2) a breakdown of the work that the United 

25 States Government agencies other than USAID and 


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1 the Department of State are conducting in the Haiti 

2 recovery effort, and the cost of that assistance; 

3 (3) an assessment of the progress of United 

4 States efforts to advance the objectives of the ‘‘Post5 Earthquake USG Haiti Strategy: Toward Renewal 

6 and Economic Opportunity’’ produced by the Depart7 ment of State, compared to what remains to be 

8 achieved to meet specific goals, including— 

9 (A) a description of any significant changes 

10 to the Strategy over the reporting period and an 

11 explanation thereof; 

12 (B) an assessment of progress, or lack there13 of, over the reporting period toward meeting the 

14 goals and objectives, benchmarks, and timeframes 

15 specified in the Strategy, including— 

16 (i) a description of progress toward de17 signing and implementing a coordinated 

18 and sustainable housing reconstruction 

19 strategy that addresses land ownership, se20 cure land tenure, water and sanitation, and 

21 the unique concerns of vulnerable popu22 lations such as women and children, as well 

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1 ing for the Government of Haiti to imple2 ment an effective housing policy; 

3 (ii) a description of United States 

4 Government efforts to construct and sustain 

5 the proposed port, as well as an assessment 

6 of the current projected timeline and cost 

7 for completion; and 

8 (iii) a description of United States 

9 Government efforts to attract and leverage 

10 the investments of private sector partners to 

11 the CIP, including by addressing any policy 

12 impediments; 

13 (C) a description of the quantitative and 

14 qualitative indicators used to evaluate the 

15 progress toward meeting the goals and objectives, 

16 benchmarks, and timeframes specified in the 

17 Strategy at the program level; 

18 (D) the amounts committed, obligated, and 

19 expended on programs and activities to imple20 ment the Strategy, by sector and by imple21 menting partner at the prime and subprime lev22 els (in amounts of not less than $25,000); and 

23 (E) a description of the risk mitigation 

24 measures put in place to limit the exposure of 


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1 United States assistance provided under the 

2 Strategy to waste, fraud, and abuse; 

3 (4) a description of measures taken to strength4 en, and United States Government efforts to improve, 

5 Haitian governmental and nongovernmental organi6 zational capacity to undertake and sustain United 

7 States-supported recovery programs; 

8 (5) as appropriate, a description of United 

9 States efforts to consult and engage with Government 

10 of Haiti ministries and local authorities on the estab11 lishment of goals and timeframes, and on the design 

12 and implementation of new programs under the Post13 Earthquake USG Haiti Strategy: Toward Renewal 

14 and Economic Opportunity; 

15 (6) a description of efforts by Haiti’s legislative 

16 and executive branches to consult and engage with 

17 Haitian civil society and grassroots organizations on 

18 the establishment of goals and timeframes, and on the 

19 design and implementation of new donor-financed 

20 programs, as well as efforts to coordinate with and 

21 engage the Haitian diaspora; 

22 (7) consistent with the Government of Haiti’s 

23 ratification of the United Nations Convention Against 

24 Corruption, a description of efforts of the Govern25 ments of the United States and Haiti to strengthen 


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1 Government of Haiti institutions established to ad2 dress corruption, as well as related efforts to promote 

3 public accountability, meet public outreach and dis4 closure obligations, and support civil society partici5 pation in anti-corruption efforts; 

6 (8) a description of efforts to leverage public-pri7 vate partnerships and increase the involvement of the 

8 private sector in Haiti in recovery and development 

9 activities and coordinate programs with the private 

10 sector and other donors; 

11 (9) a description of efforts to address the par12 ticular needs of vulnerable populations, including in13 ternally displaced persons, women, children, orphans, 

14 and persons with disabilities, in the design and im15 plementation of new programs and infrastructure; 

16 (10) a description of the impact that agriculture 

17 and infrastructure programs are having on the food 

18 security, livelihoods, and land tenure security of 

19 smallholder farmers, particularly women; 

20 (11) a description of mechanisms for commu21 nicating the progress of recovery and development ef22 forts to the people of Haiti, including a description 

23 of efforts to provide documentation, reporting and 

24 procurement information in Haitian Creole; 


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1 (12) a description of the steps the Government of 

2 Haiti is taking to strengthen its capacity to receive 

3 individuals who are removed, excluded, or deported 

4 from the United States; and 

5 (13) an assessment of actions necessary to be 

6 taken by the Government of Haiti to assist in ful7 filling the objectives of the Strategy. 

8 SEC. 6. STRATEGY. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of State, 

11 acting through the Assistant Secretary of State for Western 

12 Hemisphere Affairs, shall coordinate and transmit to the 

13 Committee on Foreign Relations and the Committee on Ap14 propriations of the Senate and the Committee on Foreign 

15 Affairs and the Committee on Appropriations of the House 

16 of Representatives a three-year Haiti strategy based on rig17 orous assessments that— 

18 (1) identifies and addresses constraints to sus19 tainable, broad-based economic growth and to the con20 solidation of responsive, democratic government insti21 tutions; 

22 (2) includes an action plan that outlines policy 

23 tools, technical assistance, and anticipated resources 

24 for addressing the highest-priority constraints to eco25 nomic growth and the consolidation of democracy, as 


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1 well as a specific description of mechanisms for moni2 toring and evaluating progress; and 

3 (3) identifies specific steps and verifiable bench4 marks appropriate to provide direct bilateral assist5 ance to the Government of Haiti. 

6 (b) ELEMENTS.—The strategy required under sub7 section (a) should address the following elements: 

8 (1) A plan to engage the Government of Haiti on 

9 shared priorities to build long-term capacity, includ10 ing the development of a professional civil service, to 

11 assume increasing responsibility for governance and 

12 budgetary sustainment of governmental institutions. 

13 (2) A plan to assist the Government of Haiti in 

14 holding free, fair and timely elections in accordance 

15 with democratic principles. 

16 (3) Specific goals for future United States sup17 port for efforts to build the capacity of the Govern18 ment of Haiti, including to– 

19 (A) reduce corruption; 

20 (B) consolidate the rule of law and an inde21 pendent judiciary; 

22 (C) strengthen the civilian police force; 

23 (D) develop sustainable housing, including 

24 ensuring appropriate titling and land ownership 

25 rights; 


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1 (E) expand port capacity to support eco2 nomic growth; 

3 (F) attract and leverage the investments of 

4 private sector partners, including to the Caracol 

5 Industrial Park; 

6 (G) promote large and small scale agricul7 tural development in a manner that reduces food 

8 insecurity and contributes to economic growth; 

9 (H) improve access to potable water, expand 

10 public sanitation services, reduce the spread of 

11 infectious diseases, and address public health cri12 ses; 

13 (I) restore the natural resources of Haiti, 

14 including enhancing reforestation efforts 

15 throughout the country; and 

16 (J) gain access to safe, secure, and afford17 able supplies of energy in order to strengthen 

18 economic growth and energy security. 

19 (c) CONSULTATION.—In devising the strategy required 

20 under subsection (a), the Secretary should— 

21 (1) coordinate with all United States Govern22 ment departments and agencies carrying out work in 

23 Haiti; 

24 (2) consult with the Government of Haiti, in25 cluding the National Assembly of Haiti, and repVerDate Mar 15 2010 22:52 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S1104.RS S1104

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1 resentatives of private and nongovernmental sectors 

2 in Haiti; and 

3 (3) consult with relevant multilateral organiza4 tions, multilateral development banks, private sector 

5 institutions, nongovernmental organizations, and for6 eign governments present in Haiti. 

7 (d) BRIEFINGS.—The Secretary of State, at the request 

8 of the Committee on Foreign Relations of the Senate and 

9 the Committee on Foreign Affairs of the House of Represent10 atives, shall provide a quarterly briefing that reviews 

11 progress of the implementation of the strategy required 

12 under subsection (a). 


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Calendar No. 447 

113TH CONGRESS 

2D SESSION S. 1104 

[Report No. 113–201] 

A BILL 

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

JUNE 26, 2014 

Reported with an amendment 


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