[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Reported in Senate (RS)]
<DOC>
Calendar No. 157
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
October 28, 2021
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Haiti Development,
Accountability, and Institutional Transparency Initiative
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the October 30, 2020, decision to
constitute a 5-member group to draft a new
constitution;</DELETED>
<DELETED> (B) the November 6, 2020, decision to
reduce the control of anticorruption entities such as
the Superior Court of Accounts and Administrative
Litigation;</DELETED>
<DELETED> (C) the November 26, 2020, antiterrorism
decree that establishes sanctions applicable to Haitian
police officers not stopping demonstrations;</DELETED>
<DELETED> (D) the November 26, 2020, creation of the
National Intelligence Agency; and</DELETED>
<DELETED> (E) the February 11, 2021, appointment of
3 new judges to the Supreme Court of Haiti outside of
constitutional procedures.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to support the
sustainable rebuilding and development of Haiti in a manner that--
</DELETED>
<DELETED> (1) recognizes Haitian independence, self-
reliance, sovereignty, democratic governance, and
efficiency;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) supports anticorruption efforts and addresses
human rights concerns;</DELETED>
<DELETED> (6) respects and helps restore the natural
resources of Haiti and strengthens community-level resilience
to environmental and weather-related impacts;</DELETED>
<DELETED> (7) promotes the holding of free, fair, and timely
elections in accordance with democratic principles and the
Constitution of Haiti;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. DEFINITION OF APPROPRIATE CONGRESSIONAL
COMMITTEES.</DELETED>
<DELETED> In this Act, the term ``appropriate congressional
committees'' means--</DELETED>
<DELETED> (1) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED>SEC. 5. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS
IN HAITI AND HOLDING PERPETRATORS OF THE LA SALINE
MASSACRE ACCOUNTABLE.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Fostering strong relationships with
independent civil society groups focused on monitoring
corruption and human rights abuses and promoting democracy in
Haiti.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Briefing.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Elements.--The briefing required by paragraph
(1) shall include the following:</DELETED>
<DELETED> (A) An examination of any links between
the massacre in La Saline and mass protests that
occurred concurrently in Haiti.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) A detailed description of all known
perpetrators of, as well as the individuals who
organized and planned, the massacre.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (E) An assessment of the ensuing treatment
and displacement of the survivors of the massacre in La
Saline.</DELETED>
<DELETED> (3) Consultation.--In carrying out paragraph (1),
the Secretary shall consult with nongovernmental organizations
in Haiti and the United States.</DELETED>
<DELETED>SEC. 6. METHODS TO PROMOTE FREEDOM OF THE PRESS AND ASSEMBLY
IN HAITI.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) Advocating to Haitian authorities for
increased protection for journalists and the press and for the
freedom to peacefully assemble or protest in Haiti.</DELETED>
<DELETED> (2) Collaborating with officials of the Government
of Haiti and representatives of civil society to increase legal
protections for journalists in Haiti.</DELETED>
<DELETED> (3) Supporting efforts to strengthen transparency
in the public and private sectors in Haiti and access to
information in Haiti.</DELETED>
<DELETED> (4) Using United States foreign assistance for
programs to strengthen capacity for independent journalists and
increase support for investigative journalism in
Haiti.</DELETED>
<DELETED>SEC. 7. METHODS TO SUPPORT POST-EARTHQUAKE, POST-HURRICANE,
AND POST-COVID-19 RECOVERY AND DEVELOPMENT IN
HAITI.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) Collaborating with the Government of Haiti on
a detailed and transparent development plan that includes clear
objectives and benchmarks.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Assessing the impact of the recovery efforts
of the United States and the international community in Haiti
since January 2010.</DELETED>
<DELETED> (4) Supporting disaster resilience and
reconstruction efforts.</DELETED>
<DELETED> (5) Addressing the underlying causes of poverty
and inequality.</DELETED>
<DELETED> (6) Improving access to--</DELETED>
<DELETED> (A) health resources;</DELETED>
<DELETED> (B) public health technical assistance;
and</DELETED>
<DELETED> (C) clean water, food, and
shelter.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. REPORT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Elements.--The report required by subsection (a) shall
include the following:</DELETED>
<DELETED> (1) A strategy for carrying out sections 5, 6, and
7, including established baselines, benchmarks, and indicators
to measure outcomes and impact.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (7) A description of the efforts of the Government
of Haiti to support displaced survivors of urban and gang
violence.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) reducing the authority of the Superior
Court of Accounts and Administrative
Litigation;</DELETED>
<DELETED> (B) promulgating an antiterrorism
law;</DELETED>
<DELETED> (C) establishing the National Intelligence
Agency; and</DELETED>
<DELETED> (D) retiring and subsequently appointing
judges to the Supreme Court of Haiti.</DELETED>
<DELETED> (9) A review of the alleged coup against President
Moise on February 7, 2021, and subsequent arrest and jailings
of alleged perpetrators.</DELETED>
<DELETED> (10) An analysis, in collaboration with the
Government of Haiti, of efforts to support development goals in
Haiti since January 2015, including steps taken--</DELETED>
<DELETED> (A) to strengthen institutions at the
national and local levels; and</DELETED>
<DELETED> (B) to strengthen democratic governance at
the national and local levels.</DELETED>
<DELETED> (11) An analysis of the effectiveness and
sustainability of development projects financed by the United
States, including the Caracol Industrial Park and supporting
infrastructure.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Consultation.--In preparing the report required by
subsection (a), the Secretary and the Administrator shall consult, as
appropriate, with--</DELETED>
<DELETED> (1) nongovernmental organizations and civil
society groups in Haiti and the United States; and</DELETED>
<DELETED> (2) the Government of Haiti.</DELETED>
<DELETED> (d) Public Availability.--The Secretary shall make the
report required by subsection (a) publicly available on the website of
the Department of State.</DELETED>
<DELETED>SEC. 9. REPEAL.</DELETED>
<DELETED> The Assessing Progress in Haiti Act of 2014 (22 U.S.C.
2151 note; Public Law 113-162) is repealed.</DELETED>
<DELETED>SEC. 10. TERMINATION.</DELETED>
<DELETED> This Act shall terminate on December 31, 2025.</DELETED>
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.
Calendar No. 157
117th CONGRESS
1st Session
S. 1104
_______________________________________________________________________
A BILL
To measure the progress of post-disaster recovery and efforts to
address corruption, governance, rule of law, and media freedoms in
Haiti.
_______________________________________________________________________
October 28, 2021
Reported with an amendment