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HAITI DEVELOPMENT, ACCOUNTABILITY, AND INSTITUTIONAL TRANSPARENCY
INITIATIVE ACT
Mr. MEEKS. Mr. Speaker, I move to suspend the rules and pass 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 amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2471
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 at least 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of Haiti's civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 Haitians displaced.
(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 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.
(3) 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 four years later.
(4) Prior to both 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, 4,400,000 people were in need of humanitarian assistance in Haiti.
(5) Since 2018, tens of thousands of Haitians have participated in popular demonstrations demanding accountability over government manage-merit 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.
(6) The United Nations Human Rights Office of the High Commissioner 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 five Haitian journalists covering the protests.
(7) Leading members of civil society have faced attacks, including Monferrier Dorval, a constitutional law expert and president of the Port-au-Prince bar who was killed on August 28, 2020.
(8) On November 13, 2018, according to the Haitian National Human Rights Defense Network, at least 71 people were killed and 18 people were raped in the Port-au-Prince neighborhood of La Saline.
(9) On December 10, 2020, the Department of the Treasury's Office of Foreign Assets Control 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 the Global Magnitsky Executive Order 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 La Saline massacre.
(10) Following the La Saline massacre, similar attacks have occurred in Port-au-Prince neighborhoods, including the November 2019 and August 2020 attacks on Bel Air, in which 24 people were killed and hundreds of families were displaced.
(11) Parliamentary elections scheduled for October 2019 did not take place, and since January 13, 2020, President Jovenel Moise has ruled by decree. The United States and international community have urged President Moise to limit the use of executive decrees during this period and have ex-pressed concern over several decrees issued, including those creating the National Intelligence Agency and appointing three new judges to the Supreme Court outside of constitutional procedures. Haitian civil society organizations have denounced the president's use of decrees as an attempt to consolidate power.
(12) Due to institutional weakness and other challenges exacerbated by the COVID-19 pandemic, Haiti's economy contracted by an estimated 4 percent in 2020 and inflation neared 20 percent. Although there has been no parliament in place since January 2020, the Haitian Government approved a budget on September 30, 2020. However, the delay prevented the International Monetary Fund and other multilaterals from disbursing millions in international assistance.
(13) In September 2020, President Moise bypassed the Supreme Court to appoint a Provisional Electoral Council
(CEP) by executive decree Several civil society groups that traditionally participate in Haiti's electoral councils criticized the decision and have declined to be represented in the CEP.
(14) The Moise administration lacks the credibility to oversee a proposed constitutional referendum scheduled for June 2021, which legal experts consider unconstitutional.
(15) There are concerns that, given the lack of democratic checks and balances, the dispute over the credibility of the electoral council, and the deteriorating security situation, elections scheduled for September 2021 will not be free or fair. Additionally, the security situation remains volatile and on February 7, 2021, President Moise alleged that a coup had been attempted against him leading to 23 arrests and the forced retirement of three Supreme Court judges.
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 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) builds the long-term capacity of the Government of Haiti, civil society in Haiti, and the private sector to foster economic opportunities in Haiti;
(4) fosters collaboration between the Haitian di-aspora in the United States, including dual citizens of Haiti and the United States, with the Haitian Government and the business community in Haiti;
(5) supports anti-corruption 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 on individuals implicated in human rights violations;
(6) respects and helps restore Haiti's natural resources, as well as strengthens community-level resilience to environmental and weather-related impacts;
(7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution;
(8) provides timely and comprehensive reporting on Haiti and the United States Government's goals and progress, as well as transparent post program evaluations and contracting data;
(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; and
(10) does not provide support to facilitate the proposed June 2021 constitutional referendum, including through multilateral organizations.
SEC. 4. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS
IN HAITI AND HOLDING PERPETRATORS OF THE LA
SALINE MASSACRE ACCOUNTABLE.
(a) Secretary of State Prioritization.--The Secretary of State shall prioritize the protection of human rights and anticorruption efforts in Haiti by 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 Haitian Government 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, as well as the intellectual authors, of the La Saline massacre.
(4) Urging authorities to continue to investigate attacks in the La Saline and Bel Air neighborhoods from 2018 through 2021 that left dozens dead in order to bring the perpetrators to justice.
(b) Briefing.--
(1) Elements.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the happenings on November 13, 2018, in the Port-au-Prince neighborhood of La Saline, and its aftermath. The briefing shall include--
(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 Government of Haiti;
(C) a detailed description of all known perpetrators, as well as the intellectual authors, of the shootings;
(D) an overview of efforts taken by the Haitian Government to bring the perpetrators, as well as the intellectual authors, of the La Saline massacre to justice and to prevent other similar attacks; and
(E) an assessment of the ensuing treatment and displacement of the survivors of the La Saline massacre.
(2) Consultation.--In the briefing required under paragraph
(1), the Secretary of State shall consult with nongovernmental organizations in Haiti and the United States.
SEC. 5. ACTIONS TO PROMOTE 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, as well as the protection of journalists in Haiti by 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 government officials and representatives of civil society to develop and implement legal protections for journalists in Haiti.
(3) Supporting efforts to strengthen transparency in Haiti's public and private sectors, as well as access to information in Haiti.
(4) Supporting efforts to strengthen the capacity of independent journalists and increase access to resources for investigative journalism.
SEC. 6. ACTIONS TO SUPPORT 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 (USAID), shall prioritize post-earthquake and post-hurricane recovery and development efforts in Haiti by the following methods:
(1) Collaborating with the Haitian Government 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 both the United States' and the international community's recovery and development efforts in Haiti since January 2010.
(4) Supporting disaster resilience and reconstruction efforts.
(5) Addressing the underlying causes of poverty and inequality, and improving access to health resources, clean water, food, and shelter.
(6) Assessing the impact of the COVID-19 pandemic on post-disaster recovery efforts and evaluating United States support to help with pandemic response efforts in Haiti, including providing technical assistance and preventing other infectious disease outbreaks.
SEC. 7. REPORT.
(a) Report Content.--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, and other relevant agencies and departments, shall submit to the appropriate congressional committees a report that includes--
(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 major corruption committed among the public and private sectors, and, as practical and appropriate, an assessment of corruption prosecutions investigated by the Haitian judiciary since January 2015;
(3) an overview of efforts taken by the Haitian Government to address corruption, including the Petrocaribe scandal, and corrective measures to strengthen and restore trust in Haiti's public institutions;
(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 and press freedom in Haiti since January 2015;
(5) a description of the Haitian Government's response 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 the 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 Haitian Government's efforts to support displaced survivors of urban and gang violence;
(8) an assessment of the impact of presidential decrees on the health of Haiti's democratic institutions and safeguarding of human rights, including reducing the authority of the Superior Court of Accounts and Administrative Litigation, promulgating an antiterrorism law, and establishing the National Intelligence Agency, as well as retiring and subsequently appointing judges to the Supreme Court of Haiti;
(9) a plan in collaboration with the Haitian Government on efforts to support development goals since January 2015, including steps taken to--
(A) strengthen institutions at the national and local levels; and
(B) strengthen democratic governance at the national and local levels;
(10) an analysis of the effectiveness and sustainability of United States-financed development projects, including the Caracol Industrial Park and supporting infrastructure;
(11) a breakdown of procurement from Haitian small- and medium-sized businesses and nongovernmental organizations by the United States and Haitian governments for development and humanitarian activities by year since 2015, and a description of efforts to increase local procurement, including food aid;
(12) 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;
(13) 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; and
(14) a risk assessment of conflict, instability, and violence in Haiti that includes information relating to--
(A) systemic patterns and causes of violence and subsequent impunity relating to massacres, death threats, kidnappings, armed attacks, and firearm-related violence, with analysis of the roles of the various actors and beneficiaries who play a part, including Haitain Government actors;
(B) gang activity and its role in the recent wave of kidnappings and the capacities of the police force to address the most serious manifestations of insecurity;
(C) the scope and role of criminal activity and its linkages to political forces, particularly leading up to elections; and
(D) implications of the lack of independence of Haiti's judicial system.
(b) Consultation.--In preparing the report required under subsection (a), 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.
(c) Public Availability.--The report required under subsection (a) shall be made publicly available on the website of the Department of State.
SEC. 8. SUNSET.
(a) Repeal.--The Assessing Progress in Haiti Act (22 U.S.C. 2151n; Public Law 113-162) is repealed.
(b) Termination.--This Act shall terminate on December 31, 2025.
SEC. 9. DEFINITIONS.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York (Mr. Meeks) and the gentleman from Texas (Mr. Pfluger) each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 2471, as amended.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York?
There was no objection.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2471, the Haiti Development, Accountability, and Institutional Transparency Initiative Act.
I thank my friend, Mr. Jeffries, for authoring this bipartisan bill. Mr. Jeffries has been a strong advocate for the Haitian people, and I thank him for his friendship and leadership on this very important issue.
On January 12, 2010, a magnitude 7.0 earthquake struck Haiti with an epicenter just a few miles west of Port-au-Prince. This devastating natural disaster killed more than 200,000 people, displaced 1.5 million Haitians, and caused billions of dollars in damages.
Mr. Speaker, I stand here today with the same message my colleagues and I delivered to the Haitian people 11 years ago: The United States remains steadfast in our commitment to help Haiti however we can.
Over the last decade, Congress has worked closely with the Haitian-
American diaspora, the Haitian people, the Haitian Government to support rebuilding and development efforts on the island.
Unfortunately, after Hurricane Matthew devastated Haiti in 2016, the country faced another humanitarian crisis, and additional rebuilding and development plans were needed.
{time} 1615
Sadly, Haiti still has a long way to go. The Haiti Development, Accountability, and Institutional Transparency Initiative Act evaluates the effectiveness of U.S. recovery and development efforts in Haiti over the past 10 years and devises strategies to promote the rule of law, encourage freedom of the press, combat government corruption, address the root causes of poverty, and improve development efforts.
Helping to pave the pathway to a reconstructed, prosperous Haiti, of course, is a two-way street. We must learn from our mistakes over the past 10 years and devise innovative solutions for any roadblocks that lie ahead.
At the same time, it is imperative that the Haitian Government address the growing and legitimate concerns about the country's deteriorating human rights situation, spiraling gang violence, and often-seen impunity for corrupt officials.
It is the duty of all of us here in Congress to stand with the Haitian people as they demand a safe, prosperous, and democratic Haiti. I urge the Haitian Government to do all they can to engage with their citizens and truly listen to their concerns.
Mr. Speaker, I am pleased that the House Foreign Affairs Committee passed this bipartisan bill unanimously, and I urge my colleagues to join me in supporting its passage on the House floor today.
Again, I thank my real friend, Mr. Jeffries, for being such a great champion for Haiti. I urge my colleagues to support this legislation, and I reserve the balance of my time.
Mr. PFLUGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the people of Haiti continue to suffer from devastating natural disasters, political instability, and fragile public institutions. The country has never recovered from the 2010 earthquake or the damage caused by Hurricane Matthew in 2016.
With their economy unable to recover, Haiti remains the poorest country in the Western Hemisphere. As a result, the lack of economic opportunity has led to an increase in crime and gang violence. At the same time, civil unrest caused by political instability plagues the island nation.
There are credible accusations of systemic government corruption and human rights abuses, and Haiti is facing a constitutional crisis after failing to organize legislative elections in 2019; meaning, the country has no sitting Parliament at this time.
We continue to strongly urge the Government of Haiti to hold free and fair elections that reflect the will of the Haitian people.
All of these challenges are now compounded by the COVID-19 pandemic. That is why I support the Haiti Development, Accountability, and Institutional Transparency Initiative Act. This legislation requires the State Department to assess how effective U.S. assistance is in helping Haiti's recovery efforts.
Haiti remains the second largest recipient of U.S. support in the region. Since 2011, American taxpayers have sent nearly $1.9 billion to assist them with economic development and to support expanding their democracy. It is our responsibility in this Congress to ensure that this money is, in fact, being spent wisely.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Jacobs), a valued member of the House Foreign Affairs Committee.
Ms. JACOBS of California. Mr. Speaker, I rise today to speak in support of H.R. 2471, the Haiti Development, Accountability, and Institutional Transparency Initiative Act. I thank Congressman Jeffries for his leadership in offering this important piece of legislation that will ensure that we take stock of U.S. policy in Haiti and measure our progress in addressing corruption, improving governance, and advancing the rule of law.
Haiti is facing one of its worst outbreaks of violence since 1986. This has had a devastating impact on the Haitian people and threatened any long-term progress we have made. We have seen this movie before. Instead of continuing the same approach and hoping for a different outcome, it is critical that as we are conducting our long-overdue review of policy, we are analyzing the drivers and risks of conflict, instability, and violence in Haiti.
This bill sets out to do just that and more. The amendment I offered in committee requires the State Department and USAID to conduct an assessment of conflict, instability, and violence in Haiti, analyzing the systemic patterns and causes of violence and the role of actors and beneficiaries who play a part.
This bill also makes sure that State and USAID are consulting with NGOs and civil society groups in Haiti, a critical step that is often overlooked.
As someone who has worked in conflict stabilization at the State Department, I know how important it is that we understand the root causes of violence in order to craft sound policy and make decisions on where to focus our foreign assistance. This bill would ensure our review of U.S. policy in Haiti takes this important step.
Mr. Speaker, I urge all of my colleagues to support this bill.
Mr. PFLUGER. Mr. Speaker, I yield back the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is true that Haiti continues to face significant challenges. Yet, I remain optimistic that we can partner with the Haitian people and play a constructive role in the coming critical years of Haiti's recovery. And while we must continue our unwavering support for Haiti, we also must be open to making adjustments moving forward.
By increasing cooperation and being open to new ideas, I am confident that we can support the Haitian people as they seek peace, stability, an end to poverty, and a fully functioning democracy.
We know this is not going to be easy, but we have to stand by the Haitian people and make sure that they have an opportunity to have a better tomorrow, for surely, they deserve it.
Mr. Speaker, let me finally thank, again, Representative Jeffries for authoring this piece of legislation. It is very important, and I know that he has a large portion of the Haitian diaspora in his district, as it is in New York in mine and Representative Clarke's and, of course, in Florida.
We will stand by the Haitian people, not giving up hope, not giving up trust, imploring the Government of Haiti to do the right thing for the people of Haiti by having elections that are free and fair.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise to voice my support for H.R. 2471, the ``Haiti Development, Accountability, and Institutional Transparency Initiative Act,'' which modernizes the U.S. foreign assistance strategy to Haiti, and affirms our role as a champion of democracy and good neighbor in the Western Hemisphere.
This legislation, introduced by my colleague, the gentleman from New York, Congressman Hakeem Jeffries, would promote transparency within Haitian humanitarian assistance programs, and place democratic values such as good governance, freedom of the press, and human rights at the forefront of our bilateral relationship with Haiti.
Since the catastrophic earthquake on January 12, 2010, which left 220,000 people dead, 300,000 injured, and 115,000 homes destroyed, the United States--in partnership with the international community--mounted an unprecedented humanitarian response.
The United States Government has disbursed more than $4,000,000,000 in recovery and development funding since the disaster struck in 2010.
In 2016, Hurricane Matthew caused widespread damage and flooding, leaving 1.4 million people in need of immediate assistance.
Prior to these catastrophes, Haiti registered among the lowest in socioeconomic indicators and had the second highest rate of income disparity in the world.
Concurrently, democratic backsliding in Haiti undercuts the shared commitment to democracy in our bilateral relationship and stymies our effort to ensure that humanitarian aid is reaching and improving the welfare of the Haitian people.
The United Nations Human Rights Office of the High Commissioner and the Human Rights Service jointly found a 333 percent increase in human rights violations and abuses from July 2018 through December 2019.
On top of that, parliamentary elections scheduled for October 2019 never took place, and since January 2020, President Jovenel Moise has ruled by decree.
As an original co-sponsor of H.R. 3059, the ``Assessing Progress in Haiti, Act of 2013,'' I maintain an unshaking belief in the Haitian people's resilience, entrepreneurial spirit, and desire for a free and fair political system.
That is why I also staunchly opposed the former president's attempt to terminate Temporary Protected Status (TPS) for Haitians living in the United States.
In tandem with the U.S. Government, Haiti relies on remittances that its citizens receive from TPS beneficiaries in the United States.
The Haitian community in Texas exemplifies this reality.
As such, I am pleased that Secretary Mayorkas announced a new 18-
month designation of Haiti for Temporary Protected Status.
Following Hurricane Matthew, I called upon Houstonians to do their part in alleviating the suffering of our neighbors in Haiti.
In partnership with local organizations, churches, and the diaspora community, we collected and donated clothing, pillows, nonperishable foods, and other items to help the Haitian people.
Now, I call upon this Congress to answer the call of help--to act in accordance with our long-standing record of supporting the Haitian people in recovering and building a future worthy of their aspirations.
The ``Haiti Development, Accountability, and Institutional Transparency Initiative Act'' is our response to this call for help.
H.R. 2471--a bicameral and bipartisan effort--urgently upgrades our U.S. foreign assistance strategy and strengthens human rights, promotes freedom of the press, and supports disaster resilience and reconstruction efforts in Haiti.
I commend my colleagues, particularly the gentleman from New York, Congressman Hakeem Jeffries, for shining a light on this issue, and remaining firm in our commitment to the Haitian people.
Let us, with one voice, irrespective of party, come together and affirm our role as a bulwark of democracy in the world and good neighbor in the hemisphere.
I urge all Members to join me in voting for this long overdue but enormously beneficial legislation.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York (Mr. Meeks) that the House suspend the rules and pass the bill, H.R. 2471, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion are postponed.
____________________
SOURCE: Congressional Record Vol. 167, No. 112
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