[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1104

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2021

 Mr. Cardin (for himself and Mr. Rubio) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 the civil 
        service of Haiti, as well as approximately 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 was 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 approximately 1,400,000 people 
        in need of immediate assistance. Recovery efforts continue more 
        than 4 years later.
            (4) Before 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, approximately 
        4,400,000 people are in need of humanitarian assistance in 
        Haiti.
            (5) With assistance from the United States, 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 
        Government of Haiti, 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 superior court of auditors in Haiti released a series 
        of reports implicating high-level government officials in the 
        misappropriation of funds.
            (7) The United Nations Office of the High Commissioner for 
        Human Rights 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 1 
        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 association 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 neighborhood of La 
        Saline in Port-au-Prince.
            (10) On December 10, 2020, the Office of Foreign Assets 
        Control of the Department of the Treasury 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 Executive Order 13818 (50 U.S.C. 
        1701 note; relating to blocking the property of persons 
        involved in serious human rights abuse or corruption) 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 massacre in La Saline.
            (11) Following the massacre in La Saline, similar attacks 
        have occurred in other Port-au-Prince neighborhoods, including 
        the November 2019 and August 2020 attacks in 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 5 decrees have been cited 
        as increasingly authoritarian by Haitian civic and political 
        leaders and the international community, including--
                    (A) the October 30, 2020, decision to constitute a 
                5-member group to draft a new constitution;
                    (B) the November 6, 2020, decision to reduce the 
                control of anticorruption entities such as the Superior 
                Court of Accounts and Administrative Litigation;
                    (C) the November 26, 2020, antiterrorism decree 
                that establishes sanctions applicable to Haitian police 
                officers not stopping demonstrations;
                    (D) the November 26, 2020, creation of the National 
                Intelligence Agency; and
                    (E) the February 11, 2021, appointment of 3 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 Government of Haiti approved a budget on 
        September 30, 2020, but the delay prevented the International 
        Monetary Fund and other multilateral organizations from 
        disbursing millions in international assistance.
            (14) In September 2020, President Moise bypassed the 
        Supreme Court of Haiti to appoint a Provisional Electoral 
        Council (CEP) by executive decree. Several civil society groups 
        that traditionally participate in the electoral councils of 
        Haiti 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''. On February 9, 2021, President Moise forced 
        the retirement of 3 Supreme Court judges, 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 Government of Haiti and the business 
        community in Haiti;
            (5) supports anticorruption efforts and addresses human 
        rights concerns;
            (6) respects and helps restore the natural resources of 
        Haiti and 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 
        Constitution of Haiti;
            (8) 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
            (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. 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. 5. 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, as well as 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, as well as the individuals who 
                organized and planned, the massacre.
                    (D) An overview of efforts taken by the Government 
                of Haiti to bring the perpetrators of, as well as 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. 6. METHODS 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 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. 7. METHODS 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, 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.

SEC. 8. 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 
(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 5, 6, and 7, 
        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 all corruption prosecutions 
        investigated by the judiciary of Haiti since January 2015.
            (3) An overview of efforts taken by 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 United States Government efforts 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 the impact of presidential decrees on 
        the health of Haiti's democratic institutions and 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.
            (9) A review of the alleged coup against President Moise on 
        February 7, 2021, and subsequent arrest and jailings of alleged 
        perpetrators.
            (10) An analysis, 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.
            (11) An analysis of the effectiveness and sustainability of 
        development projects financed by the United States, including 
        the Caracol Industrial Park and supporting infrastructure.
            (12) 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.
            (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.
            (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.
    (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. 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.
                                 <all>