[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Reported in Senate (RS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Assessing Progress in Haiti
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) According to the Government of Haiti, more
than 316,000 people died as a result of the earthquake that
struck 15 miles southwest of Port-au-Prince on January 12,
2010, including 103 citizens of the United States and more than
100 United Nations personnel.</DELETED>
<DELETED> (2) According to the United Nations and the
International Organization for Migration, an estimated
3,000,000 people were directly affected by the disaster, and
more than 2,100,000 people were displaced from their
homes.</DELETED>
<DELETED> (3) The Post Disaster Needs Assessment conducted
by the Government of Haiti, the United Nations, the World Bank,
the Inter-American Development Bank, and others estimated that
damage and economic losses totaled $7,804,000,000,
approximately 120 percent of Haiti's gross domestic product in
2009.</DELETED>
<DELETED> (4) The initial emergency response of the men and
women of the United States Government, led by the United States
Agency for International Development and the United States
Southern Command, as well as of cities, towns, individuals,
businesses, and philanthropic organizations across the United
States, was swift and resolute.</DELETED>
<DELETED> (5) According to the Government of Haiti, numerous
multilateral agencies such as the United Nations, and
international nongovernmental organizations, Haiti faces an
ongoing food crisis as a result of the earthquake and
subsequent damage caused by tropical storms and hurricanes, as
well as long-term neglect of the agriculture sector.</DELETED>
<DELETED> (6) According to the International Organization
for Migration, approximately 320,000 people remain in
spontaneous and organized camps in Haiti, and reports by the
General Accountability Office, the Inspector General for the
United States Agency for International Development, and civil
society organizations indicate that the pace of recovery and
development has lagged significantly behind the emergency
relief phase.</DELETED>
<DELETED> (7) On October 21, 2010, an outbreak of cholera
was detected and according to the Haitian Ministry of Public
Health and Population, as of February 17, 2013, more than 8,000
people had died from cholera and more than 647,500 had been
infected with the disease.</DELETED>
<DELETED> (8) The United Nations Office of the Special Envoy
for Haiti estimates that, including donor pledges and other
support, approximately $6,400,000,000 has been disbursed, with
an additional amount of $3,800,000,000 committed, to assist in
Haiti's recovery and development.</DELETED>
<DELETED> (9) The United States Government has appropriated
approximately $3,600,000,000 for relief, recovery, and
development in Haiti since the earthquake, of which
$2,600,000,000 had been disbursed as of March 2013. The United
States Government has also provided more than $95,000,000 in
aid to combat the cholera epidemic and care for the
victims.</DELETED>
<DELETED> (10) Significant challenges remain in Haiti, which
will require continued recovery and development aid from the
international community for the foreseeable future.</DELETED>
<DELETED> (11) The Haitian diaspora has also played an
essential role in Haiti's reconstruction, and the United States
Government should take steps to increase outreach and encourage
participation by Haitian Americans in recovery and development
activities in Haiti.</DELETED>
<DELETED>SEC. 3. REPORT.</DELETED>
<DELETED> (a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the status of post-
earthquake recovery and development efforts in Haiti, including efforts
to prevent the spread of cholera and treat persons infected with the
disease.</DELETED>
<DELETED> (b) Content.--The report required by subsection (a) shall
include the following elements:</DELETED>
<DELETED> (1) An assessment of the progress of recovery and
development efforts, as embodied in the Haiti Rebuilding and
Development Strategy, compared to what remains to be achieved
to meet specific goals, including--</DELETED>
<DELETED> (A) the amount of funds disbursed and any
significant changes to the Strategy since January 2010,
with an explanation of such changes;</DELETED>
<DELETED> (B) the amounts obligated and expended on
United States Government programs and activities since
January 2010 to implement the Strategy, including award
data on the use of implementing partners at the prime
level and at the subprime level of $25,000 and above,
and disbursement data from prime implementing partners;
and</DELETED>
<DELETED> (C) a description of goals and
quantitative and qualitative indicators to evaluate the
progress, achievement, or lack of achievement of such
goals, within specific time frames, that comprise the
Strategy at the program level.</DELETED>
<DELETED> (2) An assessment of the manner in which the
Department of State and the United States Agency for
International Development are working with ministries and local
authorities in Haiti, including the extent to which the
Government of Haiti has been consulted on the establishment of
goals and time frames and on the design and implementation of
new programs under the Strategy.</DELETED>
<DELETED> (3) An assessment of the extent to which civil
society and grassroots organizations in Haiti have been
consulted on the establishment of goals and time frames and on
the design and implementation of new programs under the
Strategy.</DELETED>
<DELETED> (4) An assessment of efforts to increase the
involvement of the private sector in Haiti in recovery and
development activities.</DELETED>
<DELETED> (5) An assessment of how consideration for
vulnerable populations, including internally displaced persons,
women, children, orphans, and persons with disabilities, have
been incorporated in the design and implementation of new
programs and infrastructure.</DELETED>
<DELETED> (6) An assessment of how agriculture and
infrastructure programs are impacting food security and the
livelihoods of smallholder farmers in Haiti.</DELETED>
<DELETED> (7) An assessment of recovery and development
coordination among United States Government agencies and
between the United States Government and other
donors.</DELETED>
<DELETED> (8) A description of the United States
Government's efforts, including diplomatic efforts, to help
abate the cholera epidemic in Haiti, in coordination with the
Government of Haiti, the United Nations, and other relevant
entities.</DELETED>
<DELETED> (9) A description of mechanisms for communicating
the progress of recovery and development efforts to people in
Haiti.</DELETED>
<DELETED> (10) An assessment 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.</DELETED>
<DELETED> (c) Use of Previously Appropriated Funds.--Funding for the
report required under subsection (a) shall be made available from
existing funds appropriated to the Department of State and the United
States Agency for International Development for assistance to Haiti,
and shall not exceed $75,000.</DELETED>
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).
Calendar No. 447
113th CONGRESS
2d Session
S. 1104
[Report No. 113-201]
_______________________________________________________________________
A BILL
To measure the progress of recovery and development efforts in Haiti
following the earthquake of January 12, 2010, and for other purposes.
_______________________________________________________________________
June 26, 2014
Reported with an amendment