[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2471 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 2471
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2021
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
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 were in need of humanitarian assistance in Haiti.
(5) 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.
(6) 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 in Haiti from July 2018 through
December 2019. There were 131 violations in 2018 and 567
violations in 2019, including the shooting of at least five
Haitian journalists covering the protests.
(7) 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.
(8) On November 13, 2018, according to the Haitian National
Human Rights Defense Network, at least 71 people were killed
and 18 people were raped in the Port-au-Prince neighborhood of
La Saline.
(9) 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.
(10) 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.
(11) Parliamentary elections scheduled for October 2019 did
not take place, and since January 13, 2020, President Jovenel
Moise has ruled by decree. The United States and international
community have urged President Moise to limit the use of
executive decrees during this period and have expressed concern
over several decrees issued, including those creating the
National Intelligence Agency and appointing three new judges to
the Supreme Court outside of constitutional procedures. Haitian
civil society organizations have denounced the president's use
of decrees as an attempt to consolidate power.
(12) Due to institutional weakness and other challenges
exacerbated by the COVID-19 pandemic, Haiti's economy
contracted by an estimated 4 percent in 2020 and inflation
neared 20 percent. Although there has been no parliament in
place since January 2020, the Haitian Government approved a
budget on September 30, 2020. However, the delay prevented the
International Monetary Fund and other multilaterals from
disbursing millions in international assistance.
(13) 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.
(14) The Moise administration lacks the credibility to
oversee a proposed constitutional referendum scheduled for June
2021, which legal experts consider unconstitutional.
(15) There are concerns that, given the lack of democratic
checks and balances, the dispute over the credibility of the
electoral council, and the deteriorating security situation,
elections scheduled for September 2021 will not be free or
fair. Additionally, the security situation remains volatile and
on February 7, 2021, President Moise alleged that a coup had
been attempted against him leading to 23 arrests and the forced
retirement of three Supreme Court judges.
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 anti-corruption 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 on individuals
implicated in human rights violations;
(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;
(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; and
(10) does not provide support to facilitate the proposed
June 2021 constitutional referendum, including through
multilateral organizations.
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 from 2018 through
2021that 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 develop and implement 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) Supporting efforts to strengthen the capacity of
independent journalists and increase access to resources 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, and improving access to health resources, clean
water, food, and shelter.
(6) Assessing the impact of the COVID-19 pandemic on post-
disaster recovery efforts and evaluating United States support
to help with pandemic response efforts in Haiti, including
providing technical assistance and preventing other infectious
disease outbreaks.
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, as practical and appropriate,
an assessment of 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 plan 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;
(10) an analysis of the effectiveness and sustainability of
United States-financed development projects, including the
Caracol Industrial Park and supporting infrastructure;
(11) 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;
(12) 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;
(13) 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; and
(14) a risk assessment of conflict, instability, and
violence in Haiti that includes information relating to--
(A) systemic patterns and causes of violence and
subsequent impunity relating to massacres, death
threats, kidnappings, armed attacks, and firearm-
related violence, with analysis of the roles of the
various actors and beneficiaries who play a part,
including Haitain Government actors;
(B) gang activity and its role in the recent wave
of kidnappings and the capacities of the police force
to address the most serious manifestations of
insecurity;
(C) the scope and role of criminal activity and its
linkages to political forces, particularly leading up
to elections; and
(D) implications of the lack of independence of
Haiti's judicial system.
(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.
Passed the House of Representatives June 29, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.