```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Referred in Senate (RFS)]

113th CONGRESS
  1st Session
                                H. R. 3509

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 13 (legislative day, December 11), 2013

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT

 
To direct the Secretary of State to submit to Congress a report on the 
  status of post-earthquake recovery and development efforts in Haiti.

    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 
2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (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 were 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 
        economic growth spurring broader poverty reduction.
            (4) According to the World Food Program, more than 
        6,700,000 people in Haiti (out of a population of about 
        10,000,000) are considered food insecure nationally.
            (5) In October 2010, an unprecedented outbreak of cholera 
        in Haiti resulted in over half a million 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 the 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) On October 9, 2013, the Committee on Foreign Affairs 
        of the House of Representatives held an oversight hearing on 
        the status and effectiveness of post-earthquake United States 
        aid to Haiti, following a House of Representatives-mandated, 
        year-long Government Accountability Office (GAO) report that 
        was highly critical of some aspects of USAID's recovery effort.
            (11) According to GAO, as of June 30, 2013, USAID had 
        disbursed just 31 percent of its reconstruction funds in Haiti, 
        the port project was 2 years behind schedule and over budget by 
        an estimated $189,000,000, 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.
            (12) 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.
            (13) 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.
            (14) For Haiti to achieve stability and long term economic 
        growth, donor assistance will have to be carefully coordinated 
        with a commitment by the Haitian Government to transparency, a 
        market economy, rule of law, and democracy.

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 
        Haitian people and the Haitian Government 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 Haitian civil society;
            (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 120 days after the date of the 
enactment of this Act and every 180 days thereafter through September 
30, 2016, 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 the Haiti Rebuilding and Development 
        Strategy, 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 Haiti Rebuilding and 
        Development Strategy through 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 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 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 Strategy at the project 
                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 an 
        assessment of, Haitian governmental and non-governmental 
        organizational capacity to undertake and sustain United States-
        supported recovery programs;
            (5) a description of United States efforts to consult and 
        engage with Haitian Government 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 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 programs under the Post-Earthquake USG 
        Haiti Strategy: Toward Renewal and Economic Opportunity, 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 United States and Haitian Government efforts to 
        strengthen Haitian Government 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 Haitian 
        private sector in recovery and development activities and 
        coordinate programs with the private sector and other donors;
            (9) a description and assessment 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) an 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 Haitian 
        people, including a description of efforts to provide 
        documentation, reporting and procurement information in Haitian 
        Creole; and
            (12) a description of the steps Haiti is taking to 
        strengthen its capacity to receive individuals who are removed, 
        excluded, or deported from the United States.

            Passed the House of Representatives December 12, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```