[113th Congress Public Law 162]
[From the U.S. Government Publishing Office]
[[Page 1857]]
ASSESSING PROGRESS IN HAITI ACT OF 2014
[[Page 128 STAT. 1858]]
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;
[[Page 128 STAT. 1860]]
(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
[[Page 128 STAT. 1861]]
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,
[[Page 128 STAT. 1862]]
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;
[[Page 128 STAT. 1863]]
(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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