[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5586 Engrossed in House (EH)]

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116th CONGRESS
  2d Session
                                H. R. 5586

_______________________________________________________________________

                                 AN ACT


 
To measure the progress of recovery and efforts to address corruption, 
               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 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) 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 from the January 12, 2010, 
        earthquake totaled $7,804,000,000.
            (3) 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 
        billion has been disbursed by donors. Since the 2010 
        earthquake, the United States Government has disbursed more 
        than $4 billion in recovery and development funding.
            (4) 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 3 
        years later.
            (5) Prior to both the earthquake and hurricane, Haiti 
        registered among the lowest socioeconomic indicators and had 
        the second highest rate of income disparity in the world--
        conditions that have further complicated disaster recovery and 
        resilience efforts.
            (6) In June 2019 the World Food Program reported that Haiti 
        has one of the highest levels of chronic food insecurity in the 
        world, with more than half of its total population chronically 
        food insecure and 22 percent of children chronically 
        malnourished.
            (7) In October 2010, an unprecedented outbreak of cholera 
        in Haiti resulted in over 800,000 reported cases and over 9,000 
        deaths to date. The Pan American Health Organization reported 
        in 2018 that the cholera incidence rate in Haiti is 25.5 cases 
        per 100,000.
            (8) With United States assistance, almost 14,000 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.
            (9) According to the Haitian National Human Rights Defense 
        Network, on November 13, 2018, at least 59 people were shot and 
        killed in the Port-au-Prince neighborhood of La Saline. After 
        months of investigations, no one has been held responsible for 
        the La Saline massacre.
            (10) 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.
            (11) From August 2018 through February 2019, local human 
        rights organizations reported that 64 Haitian citizens were 
        killed in protests.
            (12) According to the Committee to Protect Journalists, 
        five Haitian journalists were shot while covering protests in 
        2019 and one was killed. On September 23, 2019, Associated 
        Press photojournalist Chery Dieu-Nalio was shot by Haitian 
        Senator Jean Marie Ralph Fethiere when the Senator fired 
        multiple shots near a crowd outside of parliament.
            (13) Economic growth in Haiti is projected to drop below 
        1.5 percent this year. Inflation is estimated to be 15 percent 
        and the local currency has depreciated by 30 percent in the 
        past year. The Haitian government and parliament have failed to 
        pass a budget for 2 years, preventing the International 
        Monetary Fund and other multilaterals from disbursing millions 
        in international assistance.
            (14) Midterm elections set for October 2019 did not take 
        place, and since January 2020 President Moise has ruled by 
        decree.

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 Haitian-led efforts for reconstruction and 
        development of Haiti;
            (3) strengthens the capacity of civil society and supports 
        private sector initiatives that foster economic opportunities 
        in Haiti;
            (4) fosters collaboration between the Haitian diaspora in 
        the United States and the Haitian Government;
            (5) combats impunity and prioritizes delivering justice to 
        victims of human rights abuses;
            (6) ensures the protection of press freedoms and promotion 
        of a free and independent Haitian press;
            (7) promotes respect for freedom of assembly and the rights 
        of Haitians to peacefully demonstrate;
            (8) demands increased transparency and accountability among 
        all branches of government and supports anti-corruption and 
        addresses human rights concerns;
            (9) prioritizes strengthening community resilience to 
        environmental and weather-related impacts; and
            (10) promotes democratic principles, including free, fair, 
        and timely elections in accordance with the Haitian 
        Constitution.

SEC. 4. STRENGTHENING HUMAN RIGHTS AND ANTI-CORRUPTION EFFORTS IN HAITI 
              AND HOLDING PERPETRATORS OF LA SALINE MASSACRE 
              ACCOUNTABLE.

    (a) Secretary of State Prioritization.--The Secretary of State 
shall prioritize the protection of human rights and anti-corruption 
efforts in Haiti by--
            (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 human rights violators and corrupt actors in Haiti, 
        including public and private sector actors, and hold them 
        accountable for their actions; and
            (3) addressing concerns of impunity for alleged 
        orchestrators of the La Saline massacre.
    (b) Assessment.--
            (1) Elements.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with nongovernmental organizations in Haiti and 
        the United State, shall submit to the appropriate congressional 
        committees a detailed assessment of the happenings on November 
        13, 2018, in the Port-au-Prince neighborhood of La Saline. The 
        assessment shall include the following:
                    (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 Haitian Government.
                    (C) A detailed description of all known actors 
                implicated in the shooting.
                    (D) An overview of efforts taken by the Haitian 
                Government to bring the orchestrators of the La Saline 
                massacre to justice.
                    (E) An assessment of the ensuing treatment and 
                displacement of the La Saline shooting survivors.
            (2) Public availability.--The assessment required under 
        paragraph (1) shall be made publicly available on the website 
        of the Department of State.

SEC. 5. ACTIONS TO PROMOTE FREEDOM OF THE PRESS AND ASSEMBLY IN HAITI.

    The Secretary of State shall prioritize the promotion of press and 
assembly freedoms, as well as the protection of journalists, in Haiti 
by--
            (1) advocating for increased protections for the press and 
        the freedom to peacefully assemble in Haiti;
            (2) collaborating with government and nongovernment 
        officials to develop and implement legal protections for 
        journalists in Haiti;
            (3) supporting efforts to strengthen transparency and 
        access to information in Haiti;
            (4) ensuring that threats and attacks on journalists and 
        protesters are fully investigated and perpetrators are held 
        accountable;
            (5) developing increased protection measures for peaceful 
        protesters in accordance with Haitian law; and
            (6) financing efforts to strengthen capacity for 
        independent journalists and increase support for investigative 
        journalism.

SEC. 6. ACTIONS TO SUPPORT POST-EARTHQUAKE AND POST-HURRICANE 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 and post-hurricane recovery and development 
efforts in Haiti by--
            (1) collaborating with the Haitian Government on a detailed 
        and transparent development plan that includes clear objectives 
        and benchmarks;
            (2) building the capacity of local institutions 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 over the past 10 years;
            (4) supporting disaster resilience and reconstruction 
        efforts; and
            (5) addressing the underlying causes of poverty and 
        inequality, including by providing health resources, access to 
        clean water, food, and shelter.

SEC. 7. REPORT.

    (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, shall submit to the appropriate congressional committees a 
report that includes the following:
            (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 corruption in Haiti, including an 
        analysis of corruption among the public and private sectors, a 
        list of government and nongovernment officials known or alleged 
        to have partaken in corruption or human rights violations, and 
        a list of United States entities, including financial 
        institutions, with financial ties to alleged corrupt actors in 
        Haiti.
            (3) An overview of efforts taken by the Haitian Government 
        to address public and private sector corruption.
            (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 in 
        Haiti to address the Petrocaribe scandal and other acts of 
        corruption within the Haitian Government.
            (5) An assessment of the Haitian Government's efforts to 
        support displaced survivors of urban and gang violence.
            (6) A detailed description of all known attacks on 
        journalists in the past since the beginning of ``country lock'' 
        protests in July 2018.
            (7) An assessment of the Haitian Government's response to 
        civic protests that have taken place since July 2018 and any 
        allegations of human rights abuses.
            (8) An analysis of the Haitian Government's efforts to 
        increase protection for journalists.
            (9) A description of United States Government-led efforts 
        to promote press freedom in Haiti over the last 3 years and an 
        outline of any additional best practices the United States 
        Government can employ to promote press freedom and the freedom 
        of expression in Haiti.
            (10) A plan, developed in collaboration with the Haitian 
        Government, to support development goals that includes the 
        following:
                    (A) Strengthening institutions at the national and 
                local levels.
                    (B) Strengthening democratic governance at the 
                national and local levels.
            (11) A description of best practices to ensure efficient 
        and transparent earthquake and hurricane recovery and 
        development efforts in Haiti.
            (12) An analysis of the effectiveness and sustainability of 
        United States-financed development projects, including the 
        Caracol Industrial Park and supporting infrastructure.
            (13) A breakdown of local procurement by year and a 
        description of efforts to increase local procurement, including 
        food aid.
            (14) The design of quantitative and qualitative indicators 
        to assess progress and benchmarks for United States initiatives 
        focused on natural disaster recovery, resilience, and 
        sustainable development in Haiti.
            (15) A description of United States efforts taken to assist 
        the Haitian people in their pursuits for free and fair 
        democratic elections.
    (b) Consultation.--In preparing the report required under paragraph 
(1), 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.
    (d) Public Availability.--The report required under paragraph (1) 
shall be made publicly available on the website of the Department of 
State.

SEC. 8. DEFINITION.

    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 November 18, 2020.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                               H. R. 5586

_______________________________________________________________________

                                 AN ACT

To measure the progress of recovery and efforts to address corruption, 
               rule of law, and media freedoms in Haiti.