    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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
    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) <>  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.