IIB 

117TH CONGRESS 

1ST SESSION H. R. 2471 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2021 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To measure the progress of post-disaster recovery and efforts 

to address corruption, governance, rule of law, and media 

freedoms in Haiti. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Haiti Development, 

3 Accountability, and Institutional Transparency Initiative 

4 Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) On January 12, 2010, a massive earth8 quake struck near the Haitian capital city of Port9 au-Prince, leaving at least 220,000 people dead, in10 cluding 103 United States citizens, 101 United Na11 tions personnel, and nearly 18 percent of Haiti’s 

12 civil service, as well as 300,000 injured, 115,000 

13 homes destroyed, and 1,500,000 Haitians displaced. 

14 (2) The international community, led by the 

15 United States and the United Nations, mounted an 

16 unprecedented humanitarian response to the earth17 quake in Haiti. Through 2018, more than 

18 $8,000,000,000 has been disbursed by donors. Since 

19 the 2010 earthquake, the United States Government 

20 has disbursed more than $4,000,000,000 in recovery 

21 and development funding. 

22 (3) On October 4, 2016, Hurricane Matthew 

23 struck southwestern Haiti on the Tiburon Peninsula, 

24 causing widespread damage and flooding and leaving 

25 1.4 million people in need of immediate assistance. 


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1 Recovery efforts continue more than four years 

2 later. 

3 (4) Prior to both the 2010 earthquake and 

4 2016 hurricane, Haiti registered among the lowest 

5 in socioeconomic indicators and had the second high6 est rate of income disparity in the world—conditions 

7 that have further complicated disaster recovery and 

8 resilience efforts. As of November 2020, 4,400,000 

9 people were in need of humanitarian assistance in 

10 Haiti. 

11 (5) Since 2018, tens of thousands of Haitians 

12 have participated in popular demonstrations de13 manding accountability over government manage14 ment of Petrocaribe resources. In early 2019, the 

15 Haitian superior court of auditors released a series 

16 of reports implicating high-level government officials 

17 in the misappropriation of funds. 

18 (6) The United Nations Human Rights Office 

19 of the High Commissioner and the Human Rights 

20 Service jointly found a 333 percent increase in 

21 human rights violations and abuses against the 

22 rights of life and security in Haiti from July 2018 

23 through December 2019. There were 131 violations 

24 in 2018 and 567 violations in 2019, including the 


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1 shooting of at least five Haitian journalists covering 

2 the protests. 

3 (7) Leading members of civil society have faced 

4 attacks, including Monferrier Dorval, a constitu5 tional law expert and president of the Port-au6 Prince bar who was killed on August 28, 2020. 

7 (8) On November 13, 2018, according to the 

8 Haitian National Human Rights Defense Network, 

9 at least 71 people were killed and 18 people were 

10 raped in the Port-au-Prince neighborhood of La Sa11 line. 

12 (9) On December 10, 2020, the Department of 

13 the Treasury’s Office of Foreign Assets Control des14 ignated former Haitian National Police officer 

15 Jimmy Cherizier, former Director General of the 

16 Ministry of the Interior Fednel Monchery, and 

17 former Departmental Delegate Joseph Pierre Rich18 ard Duplan pursuant to the Global Magnitsky Exec19 utive Order for being foreign persons responsible for 

20 or complicit in, or having directly or indirectly en21 gaged in, serious human rights abuse for their con22 nection to the La Saline massacre. 

23 (10) Following the La Saline massacre, similar 

24 attacks have occurred in Port-au-Prince neighbor25 hoods, including the November 2019 and August 


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1 2020 attacks on Bel Air, in which 24 people were 

2 killed and hundreds of families were displaced. 

3 (11) Parliamentary elections scheduled for Oc4 tober 2019 did not take place, and since January 

5 13, 2020, President Jovenel Moı ̈se has ruled by de6 cree. The United States and international commu7 nity have urged President Moise to limit the use of 

8 executive decrees during this period and have ex9 pressed concern over several decrees issued, includ10 ing those creating the National Intelligence Agency 

11 and appointing three new judges to the Supreme 

12 Court outside of constitutional procedures. Haitian 

13 civil society organizations have denounced the presi14 dent’s use of decrees as an attempt to consolidate 

15 power. 

16 (12) Due to institutional weakness and other 

17 challenges exacerbated by the COVID-19 pandemic, 

18 Haiti’s economy contracted by an estimated 4 per19 cent in 2020 and inflation neared 20 percent. Al20 though there has been no parliament in place since 

21 January 2020, the Haitian Government approved a 

22 budget on September 30, 2020. However, the delay 

23 prevented the International Monetary Fund and 

24 other multilaterals from disbursing millions in inter25 national assistance. 


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1 (13) In September 2020, President Moı ̈se by2 passed the Supreme Court to appoint a Provisional 

3 Electoral Council (CEP) by executive decree Several 

4 civil society groups that traditionally participate in 

5 Haiti’s electoral councils criticized the decision and 

6 have declined to be represented in the CEP. 

7 (14) The Moı ̈se administration lacks the credi8 bility to oversee a proposed constitutional ref9 erendum scheduled for June 2021, which legal ex10 perts consider unconstitutional. 

11 (15) There are concerns that, given the lack of 

12 democratic checks and balances, the dispute over the 

13 credibility of the electoral council, and the deterio14 rating security situation, elections scheduled for Sep15 tember 2021 will not be free or fair. Additionally, 

16 the security situation remains volatile and on Feb17 ruary 7, 2021, President Moı ̈se alleged that a coup 

18 had been attempted against him leading to 23 ar19 rests and the forced retirement of three Supreme 

20 Court judges. 

21 SEC. 3. STATEMENT OF POLICY. 

22 It is the policy of the United States to support the 

23 sustainable rebuilding and development of Haiti in a man24 ner that— 


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1 (1) recognizes Haitian independence, self-reli2 ance, sovereignty, democratic governance, and effi3 ciency; 

4 (2) promotes efforts that are led by and sup5 port the people and Government of Haiti at all levels 

6 so that Haitians lead the course of reconstruction 

7 and development of Haiti; 

8 (3) builds the long-term capacity of the Govern9 ment of Haiti, civil society in Haiti, and the private 

10 sector to foster economic opportunities in Haiti; 

11 (4) fosters collaboration between the Haitian di12 aspora in the United States, including dual citizens 

13 of Haiti and the United States, with the Haitian 

14 Government and the business community in Haiti; 

15 (5) supports anti-corruption efforts, promotes 

16 press freedom, and addresses human rights con17 cerns, including through the enforcement of sanc18 tions imposed in accordance with the Global 

19 Magnitsky Human Rights Accountability Act on in20 dividuals implicated in human rights violations; 

21 (6) respects and helps restore Haiti’s natural 

22 resources, as well as strengthens community-level re23 silience to environmental and weather-related im24 pacts; 


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1 (7) promotes the holding of free, fair, and time2 ly elections in accordance with democratic principles 

3 and the Haitian Constitution; 

4 (8) provides timely and comprehensive reporting 

5 on Haiti and the United States Government’s goals 

6 and progress, as well as transparent post program 

7 evaluations and contracting data; 

8 (9) promotes the participation of Haitian 

9 women and youth in governmental and nongovern10 mental institutions and in economic development and 

11 governance assistance programs funded by the 

12 United States; and 

13 (10) does not provide support to facilitate the 

14 proposed June 2021 constitutional referendum, in15 cluding through multilateral organizations. 

16 SEC. 4. STRENGTHENING HUMAN RIGHTS AND 

17 ANTICORRUPTION EFFORTS IN HAITI AND 

18 HOLDING PERPETRATORS OF THE LA SALINE 

19 MASSACRE ACCOUNTABLE. 

20 (a) SECRETARY OF STATE PRIORITIZATION.—The 

21 Secretary of State shall prioritize the protection of human 

22 rights and anticorruption efforts in Haiti by the following 

23 methods: 

24 (1) Fostering strong relationships with inde25 pendent civil society groups focused on monitoring 


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1 corruption and human rights abuses and promoting 

2 democracy in Haiti. 

3 (2) Supporting the efforts of the Haitian Gov4 ernment to identify persons involved in human rights 

5 violations and significant acts of corruption in Haiti, 

6 including public and private sector actors, and hold 

7 them accountable for their actions. 

8 (3) Addressing concerns of impunity for the al9 leged perpetrators, as well as the intellectual au10 thors, of the La Saline massacre. 

11 (4) Urging authorities to continue to investigate 

12 attacks in the La Saline and Bel Air neighborhoods 

13 from 2018 through 2021that left dozens dead in 

14 order to bring the perpetrators to justice. 

15 (b) BRIEFING.— 

16 (1) ELEMENTS.—Not later than 180 days after 

17 the date of the enactment of this Act, the Secretary 

18 of State shall brief the appropriate congressional 

19 committees on the happenings on November 13, 

20 2018, in the Port-au-Prince neighborhood of La Sa21 line, and its aftermath. The briefing shall include— 

22 (A) an examination of any links between 

23 the massacre in La Saline and mass protests 

24 that occurred concurrently in the country; 


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1 (B) an analysis of the reports on the La 

2 Saline massacre authored by the United Na3 tions, the European Union, and the Govern4 ment of Haiti; 

5 (C) a detailed description of all known per6 petrators, as well as the intellectual authors, of 

7 the shootings; 

8 (D) an overview of efforts taken by the 

9 Haitian Government to bring the perpetrators, 

10 as well as the intellectual authors, of the La Sa11 line massacre to justice and to prevent other 

12 similar attacks; and 

13 (E) an assessment of the ensuing treat14 ment and displacement of the survivors of the 

15 La Saline massacre. 

16 (2) CONSULTATION.—In the briefing required 

17 under paragraph (1), the Secretary of State shall 

18 consult with nongovernmental organizations in Haiti 

19 and the United States. 

20 SEC. 5. ACTIONS TO PROMOTE FREEDOM OF THE PRESS 

21 AND ASSEMBLY IN HAITI. 

22 The Secretary of State shall prioritize the promotion 

23 of freedom of the press and freedom of assembly, as well 

24 as the protection of journalists in Haiti by the following 

25 methods: 


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1 (1) Advocating to Haitian authorities for in2 creased protection for journalists and the press and 

3 for the freedom to peacefully assemble or protest in 

4 Haiti. 

5 (2) Collaborating with government officials and 

6 representatives of civil society to develop and imple7 ment legal protections for journalists in Haiti. 

8 (3) Supporting efforts to strengthen trans9 parency in Haiti’s public and private sectors, as well 

10 as access to information in Haiti. 

11 (4) Supporting efforts to strengthen the capac12 ity of independent journalists and increase access to 

13 resources for investigative journalism. 

14 SEC. 6. ACTIONS TO SUPPORT POST-EARTHQUAKE, POST15 HURRICANE AND POST-COVID–19 RECOVERY 

16 AND DEVELOPMENT IN HAITI. 

17 The Secretary of State, in coordination with the Ad18 ministrator of the United States Agency for International 

19 Development (USAID), shall prioritize post-earthquake 

20 and post-hurricane recovery and development efforts in 

21 Haiti by the following methods: 

22 (1) Collaborating with the Haitian Government 

23 on a detailed and transparent development plan that 

24 includes clear objectives and benchmarks. 


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1 (2) Building the capacity of Haitian-led public, 

2 private, and nongovernmental sector institutions in 

3 Haiti through post-earthquake and post-hurricane 

4 recovery and development planning. 

5 (3) Assessing the impact of both the United 

6 States’ and the international community’s recovery 

7 and development efforts in Haiti since January 

8 2010. 

9 (4) Supporting disaster resilience and recon10 struction efforts. 

11 (5) Addressing the underlying causes of poverty 

12 and inequality, and improving access to health re13 sources, clean water, food, and shelter. 

14 (6) Assessing the impact of the COVID–19 

15 pandemic on post-disaster recovery efforts and eval16 uating United States support to help with pandemic 

17 response efforts in Haiti, including providing tech18 nical assistance and preventing other infectious dis19 ease outbreaks. 

20 SEC. 7. REPORT. 

21 (a) REPORT CONTENT.—Not later than 180 days 

22 after the date of the enactment of this Act, the Secretary 

23 of State, in coordination with the Administrator of the 

24 United States Agency for International Development, and 

25 other relevant agencies and departments, shall submit to 


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1 the appropriate congressional committees a report that in2 cludes— 

3 (1) a strategy for carrying out the initiatives 

4 described in sections 4, 5, and 6, including estab5 lished baselines, benchmarks, and indicators to 

6 measure outcomes and impact; 

7 (2) an assessment of major corruption com8 mitted among the public and private sectors, and, as 

9 practical and appropriate, an assessment of corrup10 tion prosecutions investigated by the Haitian judici11 ary since January 2015; 

12 (3) an overview of efforts taken by the Haitian 

13 Government to address corruption, including the 

14 Petrocaribe scandal, and corrective measures to 

15 strengthen and restore trust in Haiti’s public insti16 tutions; 

17 (4) a description of United States Government 

18 efforts to consult and engage with Haitian Govern19 ment officials and independent civil society groups 

20 focused on monitoring corruption and human rights 

21 abuses and promoting democracy and press freedom 

22 in Haiti since January 2015; 

23 (5) a description of the Haitian Government’s 

24 response to civic protests that have taken place since 


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1 July 2018 and any allegations of human rights 

2 abuses, including attacks on journalists; 

3 (6) an assessment of United States security as4 sistance to Haiti, including the United States sup5 port to the Haitian National Police and an assess6 ment of compliance with section 620M of the For7 eign Assistance Act of 1961 (22 U.S.C. 2378d) and 

8 section 362 of title 10, United States Code (com9 monly referred to as the ‘‘Leahy Laws’’); 

10 (7) a description of the Haitian Government’s 

11 efforts to support displaced survivors of urban and 

12 gang violence; 

13 (8) an assessment of the impact of presidential 

14 decrees on the health of Haiti’s democratic institu15 tions and safeguarding of human rights, including 

16 reducing the authority of the Superior Court of Ac17 counts and Administrative Litigation, promulgating 

18 an antiterrorism law, and establishing the National 

19 Intelligence Agency, as well as retiring and subse20 quently appointing judges to the Supreme Court of 

21 Haiti; 

22 (9) a plan in collaboration with the Haitian 

23 Government on efforts to support development goals 

24 since January 2015, including steps taken to— 


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1 (A) strengthen institutions at the national 

2 and local levels; and 

3 (B) strengthen democratic governance at 

4 the national and local levels; 

5 (10) an analysis of the effectiveness and sus6 tainability of United States-financed development 

7 projects, including the Caracol Industrial Park and 

8 supporting infrastructure; 

9 (11) a breakdown of procurement from Haitian 

10 small- and medium-sized businesses and nongovern11 mental organizations by the United States and Hai12 tian governments for development and humanitarian 

13 activities by year since 2015, and a description of ef14 forts to increase local procurement, including food 

15 aid; 

16 (12) a description of United States efforts 

17 taken since January 2010 to assist the Haitian peo18 ple in their pursuits for free, fair, and timely demo19 cratic elections; 

20 (13) quantitative and qualitative indicators to 

21 assess progress and benchmarks for United States 

22 initiatives focused on sustainable development in 

23 Haiti, including democracy assistance, economic re24 vitalization, natural disaster recovery, pandemic reVerDate Sep 11 2014 03:09 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2471.RFS H2471

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1 sponse, resilience, energy and infrastructure, health, 

2 and food security; and 

3 (14) a risk assessment of conflict, instability, 

4 and violence in Haiti that includes information relat5 ing to— 

6 (A) systemic patterns and causes of vio7 lence and subsequent impunity relating to mas8 sacres, death threats, kidnappings, armed at9 tacks, and firearm-related violence, with anal10 ysis of the roles of the various actors and bene11 ficiaries who play a part, including Haitain 

12 Government actors; 

13 (B) gang activity and its role in the recent 

14 wave of kidnappings and the capacities of the 

15 police force to address the most serious mani16 festations of insecurity; 

17 (C) the scope and role of criminal activity 

18 and its linkages to political forces, particularly 

19 leading up to elections; and 

20 (D) implications of the lack of independ21 ence of Haiti’s judicial system. 

22 (b) CONSULTATION.—In preparing the report re23 quired under subsection (a), the Secretary of State and 

24 the USAID Administrator shall consult with nongovern25 mental organizations and civil society groups in Haiti and 


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1 the United States, as well as the Government of Haiti 

2 where appropriate. 

3 (c) PUBLIC AVAILABILITY.—The report required 

4 under subsection (a) shall be made publicly available on 

5 the website of the Department of State. 

6 SEC. 8. SUNSET. 

7 (a) REPEAL.—The Assessing Progress in Haiti Act 

8 (22 U.S.C. 2151n; Public Law 113–162) is repealed. 

9 (b) TERMINATION.—This Act shall terminate on De10 cember 31, 2025. 

11 SEC. 9. DEFINITIONS. 

12 In this Act the term ‘‘appropriate congressional com13 mittees’’ means— 

14 (1) the Committee on Foreign Affairs and the 

15 Committee on Appropriations of the House of Rep16 resentatives; and 

17 (2) the Committee on Foreign Relations and 

18 the Committee on Appropriations of the Senate. 

Passed the House of Representatives June 29, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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