113 S1104 RS: Assessing Progress in Haiti Act
U.S. Senate
2013-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as
the Assessing Progress in Haiti
Act
.2.Congress makes the following
findings:(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.(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.(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.(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.(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.(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.(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.(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.(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.(10)Significant
challenges remain in Haiti, which will require continued recovery and
development aid from the international community for the foreseeable
future.(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.3.(a)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.(b)The
report required by subsection (a) shall include the following elements:(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—(A)the amount of
funds disbursed and any significant changes to the Strategy since January
2010,
with an explanation of such changes;(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(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.(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.(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.(4)An assessment of
efforts to increase the involvement of the private sector in Haiti in
recovery
and development activities.(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.(6)An assessment of
how agriculture and infrastructure programs are impacting food security
and the
livelihoods of smallholder farmers in Haiti.(7)An assessment of
recovery and development coordination among United States Government
agencies
and between the United States Government and other donors.(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.(9)A description of
mechanisms for communicating the progress of recovery and development
efforts
to people in Haiti.(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.(c)Use of
previously appropriated fundsFunding 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 $75,000.1.This Act may be cited as the Assessing Progress in Haiti Act of 2014
.2.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-Haïtien 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.3.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.4.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.5.(a)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)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.6.(a)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)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)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)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).June 26, 2014Reported with an amendment