[Congressional Record Volume 166, Number 196 (Wednesday, November 18, 2020)]
[House]
[Pages H5897-H5900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL TRANSPARENCY 
                             INITIATIVE ACT

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5586) to measure the progress of recovery and development efforts 
in Haiti and the strength of democracy and rule of law in the country, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5586

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Haiti Development, 
     Accountability, and Institutional Transparency Initiative 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) On January 12, 2010, a massive earthquake struck near 
     the Haitian capital city of Port-au-Prince, leaving an 
     estimated 220,000 people dead, including 103 United States 
     citizens, 101 United Nations personnel, and nearly 18 percent 
     of the nation's civil service, as well as 300,000 injured, 
     115,000 homes destroyed, and 1,500,000 people displaced.
       (2) The Post Disaster Needs Assessment conducted by the 
     Government of Haiti, the United Nations, the World Bank, the 
     Inter-American Development Bank, and others estimated that 
     damage and economic losses from the January 12, 2010, 
     earthquake totaled $7,804,000,000.
       (3) The international community, led by the United States 
     and the United Nations, mounted an unprecedented humanitarian 
     response to the earthquake in Haiti. Through 2018, more than 
     $8 billion has been disbursed by donors. Since the 2010 
     earthquake, the United States Government has disbursed more 
     than $4,000,000,000 in recovery and development funding.
       (4) On October 4, 2016, Hurricane Matthew struck 
     southwestern Haiti on the Tiburon Peninsula, causing 
     widespread damage and flooding and leaving 1.4 million people 
     in need of immediate assistance. Recovery efforts continue 
     more than three years later.
       (5) Prior to both the earthquake and hurricane, Haiti 
     registered among the lowest socioeconomic indicators and had 
     the second highest rate of income disparity in the world - 
     conditions that have further complicated disaster recovery 
     and resilience efforts.
       (6) In June 2019 the World Food Program reported that Haiti 
     has one of the highest levels of chronic food insecurity in 
     the world, with more than half of its total population 
     chronically food insecure and 22 percent of children 
     chronically malnourished.
       (7) In October 2010, an unprecedented outbreak of cholera 
     in Haiti resulted in over 800,000 reported cases and over 
     9,000 deaths to date. The Pan American Health Organization 
     reported in 2018 that the cholera incidence rate in Haiti is 
     25.5 cases per 100,000.
       (8) With United States assistance, almost 14,000 jobs have 
     been created since the 2010 earthquake, largely in the 
     apparel industry at the Caracol Industrial Park (in 
     partnership with the Inter-American Development Bank, the 
     Haitian Government, and the private sector) in northern 
     Haiti.
       (9) According to the Haitian National Human Rights Defense 
     Network, on November 13, 2018, at least 59 people were shot 
     and killed in the Port-au-Prince neighborhood of La Saline. 
     After months of investigations, no one has been held 
     responsible for the La Saline massacre.
       (10) Since 2018, tens of thousands of Haitians have 
     participated in popular demonstrations demanding 
     accountability over government management of Petrocaribe 
     resources. In early 2019, the Haitian superior court of 
     auditors released a series of reports implicating high-level 
     government officials in the misappropriation of funds.

[[Page H5898]]

       (11) From August 2018 through February 2019, local human 
     rights organizations reported that 64 Haitian citizens were 
     killed in protests.
       (12) According to the Committee to Protect Journalists, 
     five Haitian journalists were shot while covering protests in 
     2019 and one was killed. On September 23, 2019, Associated 
     Press photojournalist Chery Dieu-Nalio was shot by Haitian 
     Senator Jean Marie Ralph Fethiere when the Senator fired 
     multiple shots near a crowd outside of parliament.
       (13) Economic growth in Haiti is projected to drop below 
     1.5 percent this year. Inflation is estimated to be 15 
     percent and the local currency has depreciated by 30 percent 
     in the past year. The Haitian government and parliament have 
     failed to pass a budget for two years, preventing the 
     International Monetary Fund and other multilaterals from 
     disbursing millions in international assistance.
       (14) Midterm elections set for October 2019 did not take 
     place, and since January 2020 President Moise has ruled by 
     decree.

     SEC. 3. STATEMENT OF POLICY.

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

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

       (a) Secretary of State Prioritization.--The Secretary of 
     State shall prioritize the protection of human rights and 
     anti-corruption efforts in Haiti by--
       (1) fostering strong relationships with independent civil 
     society groups focused on monitoring corruption and human 
     rights abuses and promoting democracy in Haiti;
       (2) supporting the efforts of the Haitian Government to 
     identify human rights violators and corrupt actors in Haiti, 
     including public and private sector actors, and hold them 
     accountable for their actions; and
       (3) addressing concerns of impunity for alleged 
     orchestrators of the La Saline massacre.
       (b) Assessment.--
       (1) Elements.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with nongovernmental organizations in Haiti and 
     the United State, shall submit to the appropriate 
     congressional committees a detailed assessment of the 
     happenings on November 13, 2018, in the Port-au-Prince 
     neighborhood of La Saline. The assessment shall include the 
     following:
       (A) An examination of any links between the massacre in La 
     Saline and mass protests that occurred concurrently in the 
     country.
       (B) An analysis of the reports on the La Saline massacre 
     authored by the United Nations, the European Union, and the 
     Haitian Government.
       (C) A detailed description of all known actors implicated 
     in the shooting.
       (D) An overview of efforts taken by the Haitian Government 
     to bring the orchestrators of the La Saline massacre to 
     justice.
       (E) An assessment of the ensuing treatment and displacement 
     of the La Saline shooting survivors.
       (2) Public availability.--The assessment required under 
     paragraph (1) shall be made publicly available on the website 
     of the Department of State.

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

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

     SEC. 6. ACTIONS TO SUPPORT POST-EARTHQUAKE AND POST-HURRICANE 
                   RECOVERY AND DEVELOPMENT IN HAITI.

       The Secretary of State, in coordination with the 
     Administrator of the United States Agency for International 
     Development, shall prioritize post-earthquake and post-
     hurricane recovery and development efforts in Haiti by--
       (1) collaborating with the Haitian Government on a detailed 
     and transparent development plan that includes clear 
     objectives and benchmarks;
       (2) building the capacity of local institutions through 
     post-earthquake and post-hurricane recovery and development 
     planning;
       (3) assessing the impact of both the United States' and the 
     international community's recovery and development efforts in 
     Haiti over the past 10 years;
       (4) supporting disaster resilience and reconstruction 
     efforts; and
       (5) addressing the underlying causes of poverty and 
     inequality, including by providing health resources, access 
     to clean water, food, and shelter.

     SEC. 7. REPORT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) A strategy for carrying out the initiatives described 
     in sections 4, 5, and 6, including established baselines, 
     benchmarks, and indicators to measure outcomes and impact.
       (2) An assessment of corruption in Haiti, including an 
     analysis of corruption among the public and private sectors, 
     a list of government and nongovernment officials known or 
     alleged to have partaken in corruption or human rights 
     violations, and a list of United States entities, including 
     financial institutions, with financial ties to alleged 
     corrupt actors in Haiti.
       (3) An overview of efforts taken by the Haitian Government 
     to address public and private sector corruption.
       (4) A description of United States Government efforts to 
     consult and engage with Haitian Government officials and 
     independent civil society groups focused on monitoring 
     corruption and human rights abuses and promoting democracy in 
     Haiti to address the Petrocaribe scandal and other acts of 
     corruption within the Haitian Government.
       (5) An assessment of the Haitian Government's efforts to 
     support displaced survivors of urban and gang violence.
       (6) A detailed description of all known attacks on 
     journalists in the past since the beginning of ``country 
     lock'' protests in July 2018.
       (7) An assessment of the Haitian Government's response to 
     civic protests that have taken place since July 2018 and any 
     allegations of human rights abuses.
       (8) An analysis of the Haitian Government's efforts to 
     increase protection for journalists.
       (9) A description of United States Government-led efforts 
     to promote press freedom in Haiti over the last three years 
     and an outline of any additional best practices the United 
     States Government can employ to promote press freedom and the 
     freedom of expression in Haiti.
       (10) A plan, developed in collaboration with the Haitian 
     Government, to support development goals that includes the 
     following:
       (A) Strengthening institutions at the national and local 
     levels.
       (B) Strengthening democratic governance at the national and 
     local levels.
       (11) A description of best practices to ensure efficient 
     and transparent earthquake and hurricane recovery and 
     development efforts in Haiti.
       (12) An analysis of the effectiveness and sustainability of 
     United States-financed development projects, including the 
     Caracol Industrial Park and supporting infrastructure.
       (13) A breakdown of local procurement by year and a 
     description of efforts to increase local procurement, 
     including food aid.
       (14) The design of quantitative and qualitative indicators 
     to assess progress and benchmarks for United States 
     initiatives focused on natural disaster recovery, resilience, 
     and sustainable development in Haiti.
       (15) A description of United States efforts taken to assist 
     the Haitian people in their pursuits for free and fair 
     democratic elections.
       (b) Consultation.--In preparing the report required under 
     paragraph (1), the Secretary of State and the USAID 
     Administrator shall consult with nongovernmental 
     organizations and civil society groups in Haiti and the 
     United States, as well as the Government of Haiti where 
     appropriate.
       (d) Public Availability.--The report required under 
     paragraph (1) shall be made publicly available on the website 
     of the Department of State.

     SEC. 8. DEFINITION.

       In this Act the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.


[[Page H5899]]


  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from New Jersey (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include in the Record extraneous material on H.R. 5586.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me start by thanking Mr. Jeffries for authoring this 
bipartisan bill. He has been a strong advocate for the Haitian people, 
and I thank him for his leadership on this issue.
  There are many, many colleagues in this Congress who feel very 
strongly about the U.S. relationship with Haiti. I am certainly one of 
them, and I know Mr. Smith is and, of course, Mr. Jeffries and many 
other people on our committee.
  We have Haiti, which is not that far from the United States, and is 
really, I think, an obligation of the United States, helping the people 
of Haiti. There has been such misery and such problems there that they 
really need our help, our continued and sustained help.
  Again, Mr. Speaker, I thank Mr. Jeffries for his leadership on this 
issue.
  On January 12, 2010, a magnitude 7.0 earthquake struck Haiti, 
displacing 1.5 million people and killing more than 200,000.
  Less than 2 months after the earthquake, I had the opportunity to 
visit Haiti and survey the damage. I stand here today with the same 
message my colleagues and I delivered to the Haitian people 10 years 
ago: The United States remains steadfast in its commitment to assist 
Haiti in its time of need.
  Over the last decade, Congress has worked closely with the Haitian-
American diaspora, the Haitian people, and the Haitian Government to 
support rebuilding and development efforts on the island, but Haiti 
still has a long way to go.
  As we support efforts to reconstruct Haiti, we must learn from our 
mistakes over the past 10 years and devise innovative solutions to 
overcome the many remaining challenges.
  At the same time, it is imperative that the Haitian Government 
address the growing and legitimate concerns about the country's 
deteriorating human rights situations, attacks against the press and 
peaceful protesters as well, and the lack of accountability for corrupt 
officials.
  The Haiti Development, Accountability, and Institutional Transparency 
Initiative Act will help move us toward these goals. It evaluates the 
effectiveness of U.S. recovery and developmental efforts in Haiti over 
the past 10 years. It also promotes new strategies to enhance the rule 
of law, encourage freedom of the press, combat government corruption, 
address the root causes of poverty, and improve developmental efforts.
  It is the duty of all of us here in Congress to stand with the 
Haitian people. Geographically, they are so close to the United States, 
and there are many Haitian Americans as well.
  We need to stand with the Haitian people as they fight for a more 
prosperous and democratic Haiti, and I urge the Haitian Government to 
do all it can to engage with their citizens and truly listen to their 
concerns.
  Mr. Speaker, I was pleased that the House Foreign Affairs Committee 
advanced this bipartisan bill unanimously, and I urge my colleagues to 
join me in supporting its passage in the House today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 5586, the Haiti 
Development, Accountability, and Institutional Transparency Initiative 
Act, authored by Mr. Jeffries and Ann Wagner.
  Haiti remains the poorest country in the Western Hemisphere and 
continues to struggle under fragile public institutions. As we speak, 
Haiti is facing a constitutional crisis without a sitting parliament 
after failing to organize legislative elections in 2019. We continue to 
encourage the Government of Haiti to hold these elections as soon as 
possible.
  Haiti continues to struggle with disaster recovery from the 
earthquake in 2010 and Hurricane Matthew in 2016, as well as civil 
unrest, increasing gang violence, and accusations of government 
corruption and human rights abuses.
  Haiti remains the second largest recipient of U.S. assistance in the 
region, including over $128 million in foreign assistance appropriated 
by Congress in 2019 for economic development, democracy and rule of 
law, and critical support for the Haitian National Police.
  This legislation prioritizes anticorruption efforts, press freedoms, 
and human rights, and it requires the Department of State to develop a 
strategy with benchmarks and indicators to measure the progress toward 
stated objectives for U.S. assistance.
  This bill also requires an assessment of U.S. support for disaster 
resilience to ensure that our assistance is effectuating Haiti's 
recovery efforts and strengthening infrastructure against future 
disasters.
  Mr. Speaker, I urge my colleagues to support it, and I yield back the 
balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Jeffries), the author of this important bill, the chair of 
our Democratic Caucus, the gentleman from New York, even though it is 
Brooklyn.
  Mr. JEFFRIES. Mr. Speaker, I thank my distinguished colleague, the 
chairman of the Foreign Affairs Committee, Eliot Engel from the Boogie 
Down Bronx, for yielding me the time.
  Mr. Speaker, I certainly want to take a moment of personal privilege 
just to thank Chairman Engel for his friendship, his support, and his 
extraordinary leadership year after year on behalf of the people of New 
York City and the Nation as a critically important member of the House 
Democratic Caucus and a tremendous, legendary public servant.

  Today, we vote on H.R. 5586, the Haiti Development, Accountability, 
and Institutional Transparency Initiative Act, a bill to upgrade the 
U.S. foreign assistance strategy to Haiti.
  Haiti was the first nation in the Caribbean to gain independence. It 
is the world's first Black-led republic, home to resilient and 
entrepreneurial people. Haiti has tremendous potential to thrive as a 
free, fair, and prosperous democracy.
  I am proud to represent a vibrant community of Haitian Americans in 
Brooklyn and Queens, including Little Haiti in Brooklyn, which is a 
neighboring congressional district represented by Congresswoman Yvette 
Clarke.
  As much of the diaspora has communicated to me, unfortunately, Haiti 
still faces severe challenges in its quest to achieve full prosperity 
for its people and the opportunity to live in a free, democratic 
society.
  This January marked the 10-year anniversary of the catastrophic Haiti 
earthquake that killed and displaced hundreds of thousands of people.
  Since 2010, Haiti has gone through additional hardships like 
Hurricane Matthew, fuel shortages, food insecurity, and now the 
coronavirus pandemic.
  Many Haitians are frustrated by the corruption, poverty, and 
undemocratic practices on the island. Since 2018, mass demonstrations 
in Haiti protested the country's economic situation and the Haitian 
Government's apparent misappropriation of the Petrocaribe oil dollars.
  Tens of thousands of protesters also demanded the resignation of the 
current President, who has been ruling by decree since January 2020.
  H.R. 5586 directs the State Department and USAID to evaluate the 
effectiveness and shortcomings of U.S. foreign aid to Haiti over the 
past 10 years. The bill also directs these two agencies to devise new 
approaches to reduce poverty and promote good governance.
  Mr. Speaker, once again, I thank Foreign Affairs Committee Chairman 
Eliot Engel and Ranking Member McCaul, Western Hemisphere Subcommittee 
Chairman Sires and Ranking Member Rooney, Congresswoman

[[Page H5900]]

Ann Wagner, and Democrats and Republicans on both sides of the aisle, 
as well as the organizations supporting this bipartisan bill.
  The United States should always stand with our neighbor in the 
Western Hemisphere and the Haitian people as they fight for a self-
governing, democratic, and prosperous nation.
  Mr. Speaker, I urge my colleagues to vote in favor of this bill.
  Mr. ENGEL. Mr. Speaker, I once again thank Mr. Jeffries for authoring 
this important legislation.
  Mr. Speaker, I urge my colleagues on both sides of the aisle to 
support this legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and pass the bill, H.R. 5586, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill To measure 
the progress of recovery and efforts to address corruption, rule of 
law, and media freedoms in Haiti.''.
  A motion to reconsider was laid on the table.

                          ____________________