[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2471 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
January 13 (legislative day, January 10), 2022.
Resolved, That the bill from the House of Representatives (H.R.
2471) entitled ``An Act to measure the progress of post-disaster
recovery and efforts to address corruption, governance, rule of law,
and media freedoms in Haiti.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Development, Accountability,
and Institutional Transparency Initiative Act''.
SEC. 2. 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) recognizes Haitian independence, self-reliance, and
sovereignty;
(2) 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;
(3) contributes to international efforts to facilitate
conditions for broad, inclusive, and sustained political
dialogue among the different actors in Haiti to restore
democratic legitimacy and institutions in Haiti;
(4) builds the long-term capacity of the Government of
Haiti, civil society, and the private sector to foster economic
opportunities in Haiti;
(5) fosters collaboration between the Haitian diaspora in
the United States, including dual citizens of Haiti and the
United States, and the Government of Haiti and the business
community in Haiti;
(6) supports anticorruption efforts, promotes press
freedom, and addresses human rights concerns, including through
the enforcement of sanctions imposed in accordance with the
Global Magnitsky Human Rights Accountability Act (subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) on
individuals implicated in human rights violations and
corruption;
(7) respects and helps restore the natural resources of
Haiti and strengthens community-level resilience to
environmental and weather-related impacts;
(8) promotes political stability through the holding of
free, fair, transparent, and timely elections in accordance
with democratic principles and the Constitution of Haiti;
(9) provides timely and comprehensive reporting on the
goals and progress of the Government of Haiti and the United
States Government, and transparent post-program evaluations and
contracting data; and
(10) promotes the participation of Haitian women and youth
in governmental and nongovernmental institutions and in
economic development and governance assistance programs funded
by the United States.
SEC. 3. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 4. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS IN HAITI
AND HOLDING PERPETRATORS OF THE LA SALINE MASSACRE
ACCOUNTABLE.
(a) Prioritization by Secretary of State.--The Secretary of State
shall prioritize the protection of human rights and anticorruption
efforts in Haiti through the following methods:
(1) Fostering strong relationships with independent civil
society groups focused on monitoring corruption and human
rights abuses and promoting democracy in Haiti.
(2) Supporting the efforts of the Government of Haiti to
identify persons involved in human rights violations and
significant acts of corruption in Haiti, including public and
private sector actors, and hold them accountable for their
actions.
(3) Addressing concerns of impunity for the alleged
perpetrators of and the individuals who organized and planned
the massacre in La Saline that took place on November 13, 2018.
(4) Urging authorities to continue to investigate attacks
in the neighborhoods of La Saline and Bel Air in 2018 and 2019
that left dozens dead in order to bring the perpetrators to
justice.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall brief the
appropriate congressional committees on the events that took
place on November 13, 2018, in the neighborhood of La Saline,
in Port-au-Prince, Haiti, and the aftermath of those events.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An examination of any links between the
massacre in La Saline and mass protests that occurred
concurrently in Haiti.
(B) An analysis of the reports on the massacre in
La Saline authored by the United Nations, the European
Union, and the Government of Haiti.
(C) A detailed description of all known
perpetrators of and the individuals who organized and
planned the massacre.
(D) An overview of efforts of the Government of
Haiti to bring the perpetrators of and the individuals
who organized and planned the massacre in La Saline to
justice and to prevent other similar attacks.
(E) An assessment of the ensuing treatment and
displacement of the survivors of the massacre in La
Saline.
(3) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with nongovernmental organizations in
Haiti and the United States.
SEC. 5. PROMOTING FREEDOM OF THE PRESS AND ASSEMBLY IN HAITI.
The Secretary of State shall prioritize the promotion of freedom of
the press and freedom of assembly and the protection of journalists in
Haiti through the following methods:
(1) Advocating to Haitian authorities for increased
protection for journalists and the press and for the freedom to
peacefully assemble or protest in Haiti.
(2) Collaborating with officials of the Government of Haiti
and representatives of civil society to increase legal
protections for journalists in Haiti.
(3) Supporting efforts to strengthen transparency in the
public and private sectors in Haiti and access to information
in Haiti.
(4) Using United States foreign assistance for programs to
strengthen capacity for independent journalists and increase
support for investigative journalism in Haiti.
SEC. 6. SUPPORTING POST-EARTHQUAKE, POST-HURRICANE, AND POST-COVID-19
RECOVERY AND DEVELOPMENT IN HAITI.
The Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
prioritize post-earthquake, post-hurricane, and post-COVID-19 recovery
and development efforts in Haiti through the following methods:
(1) Collaborating with the Government of Haiti on a
detailed and transparent development plan that includes clear
objectives and benchmarks.
(2) Building the capacity of Haitian-led public, private,
and nongovernmental sector institutions in Haiti through post-
earthquake and post-hurricane recovery and development
planning.
(3) Assessing the impact of the recovery efforts of the
United States and the international community in Haiti since
January 2010.
(4) Supporting disaster resilience and reconstruction
efforts.
(5) Addressing the underlying causes of poverty and
inequality.
(6) Improving access to--
(A) health resources;
(B) public health technical assistance; and
(C) clean water, food, and shelter.
(7) Assessing the impact of the COVID-19 pandemic on post-
disaster recovery efforts and evaluating United States support
needed to help with the pandemic response in Haiti.
(8) Supporting--
(A) the export of additional United States-produced
COVID-19 vaccine doses to Haiti; and
(B) the safe storage, transport, and end-to-end
distribution of United States-produced COVID-19
vaccines throughout Haiti, in light of ongoing
humanitarian access challenges presented by Haiti's
security environment.
SEC. 7. REPORT ON DEVELOPMENTS IN HAITI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
(in this section referred to as the ``Administrator'') and other
relevant agencies and departments, shall submit to the appropriate
congressional committees a report on developments in Haiti.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A strategy for carrying out sections 4(a), 5, and 6,
including established baselines, benchmarks, and indicators to
measure outcomes and impact.
(2) An assessment of major corruption committed among the
public and private sectors in Haiti, including identification
of any individual or entity that financed corruption
activities, and all corruption prosecutions investigated by the
judiciary of Haiti since January 2015.
(3) An overview of efforts of the Government of Haiti to
address corruption, including the Petrocaribe scandal, and
corrective measures to strengthen and restore trust in the
public institutions of Haiti.
(4) A description of efforts of the United States
Government to consult and engage with officials of the
Government of Haiti and independent civil society groups
focused on monitoring corruption and human rights abuses and
promoting democracy and press freedom in Haiti since January
2015.
(5) A description of the response by the Government of
Haiti to civic protests that have taken place since July 2018
and any allegations of human rights abuses, including attacks
on journalists.
(6) An assessment of United States security assistance to
Haiti, including United States support to the Haitian National
Police and an assessment of compliance with section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section
362 of title 10, United States Code (commonly referred to as
the ``Leahy Laws'').
(7) A description of the efforts of the Government of Haiti
to support displaced survivors of urban and gang violence.
(8) An assessment of United States interagency efforts to
counter kidnapping and armed violence in Haiti.
(9) An assessment of the impact of presidential decrees on
the health of Haiti's democratic institutions and the
safeguarding of human rights, including decrees relating to--
(A) reducing the authority of the Superior Court of
Accounts and Administrative Litigation;
(B) promulgating an antiterrorism law;
(C) establishing the National Intelligence Agency;
and
(D) retiring and subsequently appointing judges to
the Supreme Court of Haiti.
(10) A review of the alleged coup against President Moise
on February 7, 2021, and subsequent arrest and jailings of
alleged perpetrators.
(11) An analysis, conducted in collaboration with the
Government of Haiti, of efforts to support development goals in
Haiti since January 2015, including steps taken--
(A) to strengthen institutions at the national and
local levels; and
(B) to strengthen democratic governance at the
national and local levels.
(12) An analysis of the effectiveness and sustainability of
development projects financed by the United States, including
the Caracol Industrial Park and supporting infrastructure.
(13) A description of procurement from Haitian small- and
medium-sized businesses and nongovernmental organizations by
the Government of the United States and the Government of Haiti
for development and humanitarian activities, disaggregated by
year since 2015, and a description of efforts to increase local
procurement, including food aid.
(14) A description of United States efforts since January
2015 to assist the Haitian people in their pursuits for free,
fair, and timely democratic elections.
(15) An overview of United States efforts to cooperate with
diplomatic partners in Latin America, the Caribbean, Canada,
and Europe to engage with political leaders, civil society, the
private sector, and underrepresented populations in Haiti to
support a stable environment conducive to holding free and fair
elections.
(16) Quantitative and qualitative indicators to assess
progress and benchmarks for United States initiatives focused
on sustainable development in Haiti, including democracy
assistance, economic revitalization, natural disaster recovery,
pandemic response, resilience, energy and infrastructure,
health, and food security.
(c) Consultation.--In preparing the report required by subsection
(a), the Secretary and the Administrator shall consult, as appropriate,
with--
(1) nongovernmental organizations and civil society groups
in Haiti and the United States; and
(2) the Government of Haiti.
(d) Public Availability.--The Secretary shall make the report
required by subsection (a) publicly available on the website of the
Department of State.
SEC. 8. REPORT ON THE ASSASSINATION OF PRESIDENT JOVENEL MOISE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Attorney General, the Secretary of Homeland Security, and the Director
of the Central Intelligence Agency, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on the July 7, 2021,
assassination of former President of Haiti Jovenel Moise.
(b) Updated Report.--Not later than 180 days after the submission
of the report required by subsection (a), the Secretary of State, in
coordination with the Attorney General, the Secretary of Homeland
Security, and the Director of the Central Intelligence Agency, shall
submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives an updated
version of the report that includes any significant developments
related to the assassination of former President of Haiti Jovenel
Moise.
(c) Elements.--The report required by subsection (a) and the report
required by subsection (b) shall each include the following elements:
(1) A detailed description of the events leading up to the
assassination of former President Jovenel Moise and the
subsequent investigation of the assassination, including a
description and identification of key dates and the names of
foreign persons related to the assassination and the
investigation of the assassination.
(2) A description of United States support for the efforts
of Haitian authorities to investigate the assassination of
former President Jovenel Moise.
(3) An assessment of the independence and capacity of
Haitian authorities to investigate the assassination of former
President Jovenel Moise, including analysis of significant
advances and deficiencies of the investigation.
(4) A description of any threats and acts of intimidation
against Haitian law enforcement and judicial authorities
involved in the investigation of the assassination of former
President Jovenel Moise, including the identification of
foreign persons involved in such threats and acts of
intimidation.
(5) A description of any efforts to interfere in or
undermine the independence and integrity of the investigation
of the assassination of former President Jovenel Moise.
(6) A description of whether any foreign persons previously
employed by or who served as a contractor or informant for the
United States Government were involved in the assassination of
former President Jovenel Moise.
(7) A description and the identification of foreign persons
involved in the execution and planning of the assassination of
former President Jovenel Moise and an assessment of the
intentions of such foreign persons.
(d) Form of Report.--The report required by subsection (a) and the
updated report required by subsection (b) shall each be submitted in an
unclassified form, but each may include a classified annex.
(e) Publication.--The Secretary of State shall post on the public
website of the Department of State--
(1) the unclassified version of the report required by
subsection (a) not later than 15 days after the date on which
the report is submitted under such subsection; and
(2) the unclassified version of the report required by
subsection (b) not later than 15 days after the date on which
the report is submitted under such subsection.
(f) Briefing Requirement.--The Secretary of State, in coordination
with the Attorney General, the Secretary of Homeland Security, and the
Director of the Central Intelligence Agency, shall brief the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on--
(1) the contents of the report required by subsection (a)
not later than 15 days after the date on which the report is
submitted under such subsection; and
(2) the contents of the report required by subsection (b)
not later than 15 days after the date on which the report is
submitted under such subsection.
SEC. 9. REPEAL.
The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 2151 note;
Public Law 113-162) is repealed.
SEC. 10. TERMINATION.
This Act shall terminate on December 31, 2025.
Attest:
Secretary.
117th CONGRESS
2d Session
H.R. 2471
_______________________________________________________________________
AMENDMENT