[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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