[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