[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.
____________________