Assessing Progress in Haiti Act of 2014
PL 113-162 (S.1104), enacted 08/08/2014

[113th Congress Public Law 162]
[From the U.S. Government Publishing Office]



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                 ASSESSING PROGRESS IN HAITI ACT OF 2014

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Public Law 113-162
113th Congress

                                 An Act


 
  To measure the progress of recovery and development efforts in Haiti 
      following the earthquake of January 12, 2010, and for other 
             purposes. <<NOTE: Aug. 8, 2014 -  [S. 1104]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Assessing 
Progress in Haiti Act of 2014. 22 USC 2151 note.>> 
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

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        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;

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            (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

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                      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,

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        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) <<NOTE: Deadline.>>  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;

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                    (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).

    Approved August 8, 2014.

LEGISLATIVE HISTORY--S. 1104:
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SENATE REPORTS: No. 113-201 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            July 10, considered and passed Senate.
            July 25, considered and passed House.

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