[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2471 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2471
To measure the progress of post-disaster recovery and efforts to
address corruption, governance, rule of law, and media freedoms in
Haiti.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2021
Mr. Jeffries (for himself and Mr. Waltz) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To measure the progress of post-disaster recovery and efforts to
address corruption, governance, rule of law, and media freedoms in
Haiti.
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 ``Haiti Development, Accountability,
and Institutional Transparency Initiative Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 12, 2010, a massive earthquake struck near
the Haitian capital city of Port-au-Prince, leaving at least
220,000 people dead, including 103 United States citizens, 101
United Nations personnel, and nearly 18 percent of Haiti's
civil service, as well as 300,000 injured, 115,000 homes
destroyed, and 1,500,000 Haitians displaced.
(2) The international community, led by the United States
and the United Nations, mounted an unprecedented humanitarian
response to the earthquake in Haiti. Through 2018, more than
$8,000,000,000 has been disbursed by donors. Since the 2010
earthquake, the United States Government has disbursed more
than $4,000,000,000 in recovery and development funding.
(3) On October 4, 2016, Hurricane Matthew struck
southwestern Haiti on the Tiburon Peninsula, causing widespread
damage and flooding and leaving 1.4 million people in need of
immediate assistance. Recovery efforts continue more than four
years later.
(4) Prior to both the 2010 earthquake and 2016 hurricane,
Haiti registered among the lowest in socioeconomic indicators
and had the second highest rate of income disparity in the
world--conditions that have further complicated disaster
recovery and resilience efforts. As of November 2020, 4,400,000
people are in need of humanitarian assistance in Haiti.
(5) With United States assistance, more than 30,000 jobs
have been created since the 2010 earthquake, largely in the
apparel industry at the Caracol Industrial Park (in partnership
with the Inter-American Development Bank, the Haitian
Government, and the private sector) in northern Haiti.
(6) Since 2018, tens of thousands of Haitians have
participated in popular demonstrations demanding accountability
over government management of Petrocaribe resources. In early
2019, the Haitian superior court of auditors released a series
of reports implicating high-level government officials in the
misappropriation of funds.
(7) The United Nations Human Rights Office of the High
Commissioner and the Human Rights Service jointly found a 333
percent increase in human rights violations and abuses against
the rights of life and security from July 2018 through December
2019. There were 131 violations in 2018 and 567 violations in
2019, including the shooting of at least one journalist
covering the protests.
(8) Leading members of civil society have faced attacks,
including Monferrier Dorval, a constitutional law expert and
president of the Port-au-Prince bar who was killed on August
28, 2020.
(9) On November 13, 2018, according to the Haitian National
Human Rights Defense Network, at least 71 people were shot and
killed and 18 people were raped in the Port-au-Prince
neighborhood of La Saline.
(10) On December 10, 2020, the Department of the Treasury's
Office of Foreign Assets Control designated former Haitian
National Police officer Jimmy Cherizier, former Director
General of the Ministry of the Interior Fednel Monchery, and
former Departmental Delegate Joseph Pierre Richard Duplan
pursuant to the Global Magnitsky Executive Order for being
foreign persons responsible for or complicit in, or having
directly or indirectly engaged in, serious human rights abuse
for their connection to the La Saline massacre.
(11) Following the La Saline massacre, similar attacks have
occurred in Port-au-Prince neighborhoods, including the
November 2019 and August 2020 attacks on Bel Air, in which 24
people were killed and hundreds of families were displaced.
(12) Parliamentary elections scheduled for October 2019 did
not take place, and since January 13, 2020, President Jovenel
Moise has ruled by decree. At least five decrees have been
cited as increasingly authoritarian by Haitian civic and
political leaders and the international community, including
the October 30, 2020, decision to constitute a five-member
group to draft a new constitution, the November 6, 2020,
decision to reduce the control of anti-corruption entities like
the Superior Court of Accounts and Administrative Litigation,
the November 26, 2020, anti-terrorism decree that establishes
sanctions applicable to Haitian police officers not stopping
demonstrations, the November 26, 2020, creation of the National
Intelligence Agency, and the February 11, 2021, appointment of
three new judges to the Supreme Court of Haiti outside of
constitutional procedures.
(13) Although there has been no parliament in place since
January 2020, the Haitian Government approved a budget on
September 30, 2020, but the delay prevented the International
Monetary Fund and other multilaterals from disbursing millions
in international assistance.
(14) In September 2020, President Moise bypassed the
Supreme Court to appoint a Provisional Electoral Council (CEP)
by executive decree. Several civil society groups that
traditionally participate in Haiti's electoral councils
criticized the decision and have declined to be represented in
the CEP.
(15) On February 7, 2021, President Moise alleged that a
coup had been attempted against him leading to 23 subsequent
arrests, including of Judge Yviquel Dabresil of the Supreme
Court of Haiti. The Department of State noted that ``the
situation remains murky and we await the results of the police
investigation''. President Moise later forced the retirement of
three Supreme Court judges on February 9, 2021, who were named
as possible transitional presidents by political opponents, and
replaced them with individuals he unilaterally selected.
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) recognizes Haitian independence, self-reliance,
sovereignty, democratic governance, and efficiency;
(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) builds the long term capacity of the Government of
Haiti, civil society in Haiti, and the private sector to foster
economic opportunities in Haiti;
(4) fosters collaboration between the Haitian diaspora in
the United States, including dual citizens of Haiti and the
United States, with the Haitian Government and the business
community in Haiti;
(5) supports anticorruption efforts and addresses human
rights concerns;
(6) respects and helps restore Haiti's natural resources,
as well as strengthens community-level resilience to
environmental and weather-related impacts;
(7) promotes the holding of free, fair, and timely
elections in accordance with democratic principles and the
Haitian Constitution;
(8) provides timely and comprehensive reporting on Haiti
and the United States Government's goals and progress, as well
as transparent post program evaluations and contracting data;
and
(9) 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. 4. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS IN HAITI
AND HOLDING PERPETRATORS OF THE LA SALINE MASSACRE
ACCOUNTABLE.
(a) Secretary of State Prioritization.--The Secretary of State
shall prioritize the protection of human rights and anticorruption
efforts in Haiti by 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 Haitian Government 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, as well as the intellectual authors, of the La
Saline massacre.
(4) Urging authorities to continue to investigate attacks
in the La Saline and Bel Air neighborhoods in 2018 and 2019
that left dozens dead in order to bring the perpetrators to
justice.
(b) Briefing.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the happenings on
November 13, 2018, in the Port-au-Prince neighborhood of La
Saline, and its aftermath. The briefing shall include--
(A) an examination of any links between the
massacre in La Saline and mass protests that occurred
concurrently in the country;
(B) an analysis of the reports on the La Saline
massacre authored by the United Nations, the European
Union, and the Government of Haiti;
(C) a detailed description of all known
perpetrators, as well as the intellectual authors, of
the shootings;
(D) an overview of efforts taken by the Haitian
Government to bring the perpetrators, as well as the
intellectual authors, of the La Saline massacre to
justice and to prevent other similar attacks; and
(E) an assessment of the ensuing treatment and
displacement of the survivors of the La Saline
massacre.
(2) Consultation.--In the briefing required under paragraph
(1), the Secretary of State shall consult with nongovernmental
organizations in Haiti and the United States.
SEC. 5. ACTIONS TO PROMOTE 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, as well as the protection of
journalists in Haiti by 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 government officials and
representatives of civil society to increase legal protections
for journalists in Haiti.
(3) Supporting efforts to strengthen transparency in
Haiti's public and private sectors, as well as access to
information in Haiti.
(4) Utilizing United States foreign assistance for programs
to strengthen capacity for independent journalists and increase
support for investigative journalism.
SEC. 6. ACTIONS TO SUPPORT 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 (USAID), shall
prioritize post-earthquake and post-hurricane recovery and development
efforts in Haiti by the following methods:
(1) Collaborating with the Haitian Government 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 both the United States and the
international community's recovery and development efforts 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.
SEC. 7. REPORT.
(a) Report Content.--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, and other relevant agencies and departments, shall submit
to the appropriate congressional committees a report that includes--
(1) a strategy for carrying out the initiatives described
in sections 4, 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, and on all corruption prosecutions
investigated by the Haitian judiciary since January 2015;
(3) an overview of efforts taken by the Haitian Government
to address corruption, including the Petrocaribe scandal, and
corrective measures to strengthen and restore trust in Haiti's
public institutions;
(4) a description of United States Government efforts to
consult and engage with Haitian Government officials 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 Haitian Government's response 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 the 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 Haitian Government's efforts to
support displaced survivors of urban and gang violence;
(8) an assessment of the impact of presidential decrees on
the health of Haiti's democratic institutions and safeguarding
of human rights, including reducing the authority of the
Superior Court of Accounts and Administrative Litigation,
promulgating an antiterrorism law, and establishing the
National Intelligence Agency, as well as retiring and
subsequently appointing judges to the Supreme Court of Haiti;
(9) a review of the February 7, 2021, alleged coup against
President Moise and subsequent arrest and jailings of alleged
perpetrators;
(10) an analysis in collaboration with the Haitian
Government on efforts to support development goals since
January 2015, including steps taken to--
(A) strengthen institutions at the national and
local levels; and
(B) strengthen democratic governance at the
national and local levels;
(11) an analysis of the effectiveness and sustainability of
United States-financed development projects, including the
Caracol Industrial Park and supporting infrastructure;
(12) a breakdown of procurement from Haitian small- and
medium-sized businesses and nongovernmental organizations by
the United States and Haitian governments for development and
humanitarian activities by year since 2015, and a description
of efforts to increase local procurement, including food aid;
(13) a description of United States efforts taken since
January 2010 to assist the Haitian people in their pursuits for
free, fair, and timely democratic elections; and
(14) 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.
(b) Consultation.--In preparing the report required under
subsection (a), the Secretary of State and the USAID Administrator
shall consult with nongovernmental organizations and civil society
groups in Haiti and the United States, as well as the Government of
Haiti where appropriate.
(c) Public Availability.--The report required under subsection (a)
shall be made publicly available on the website of the Department of
State.
SEC. 8. SUNSET.
(a) Repeal.--The Assessing Progress in Haiti Act (22 U.S.C. 2151n;
Public Law 113-162) is repealed.
(b) Termination.--This Act shall terminate on December 31, 2025.
SEC. 9. DEFINITIONS.
In this Act the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
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