[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.