[Congressional Record Volume 168, Number 9 (Thursday, January 13, 2022)]
[Senate]
[Pages S224-S225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4902. Mr. SCHUMER (for Mr. Cardin) proposed an amendment to the
bill H.R. 2471, to measure the progress of post-disaster recovery and
efforts to address corruption, governance, rule of law, and media
freedoms in Haiti; as follows:
Strike all after the enacting clause and insert the
following:
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.
[[Page S225]]
(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.
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