Haiti Development, Accountability, and Institutional Transparency Initiative Act
Bill: S.1104 | Sponsor: Sen. Cardin, Benjamin L. (D-MD)
Policy area: International Affairs

Summary:
Haiti Development, Accountability, and Institutional Transparency Initiative Act
This bill revises reporting and strategy requirements related to recovery and assistance efforts for Haiti.
Specifically, the bill repeals existing reporting and strategy requirements related to earthquake recovery and economic assistance for Haiti. Further, the bill directs the Department of State to undertake specific initiatives that prioritize and assess the protection and preservation of human rights, the promotion of press and assembly freedoms and the protection of journalists, anticorruption efforts, and a strategy of post-disaster and post-pandemic recovery and development efforts.
The State Department must also submit a report concerning the July 7, 2021, assassination of former Haitian President Jovenel Moïse.

To measure the progress of post-disaster recovery and efforts to 
  address corruption, governance, rule of law, and media freedoms in 
                                 Haiti.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Haiti Development, 
Accountability, and Institutional Transparency Initiative 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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 the civil service of Haiti, as well as approximately 300,000 
        injured, 115,000 homes destroyed, and 1,500,000 Haitians 
        displaced.</DELETED>
        <DELETED>    (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 was disbursed by donors. Since the 
        2010 earthquake, the United States Government has disbursed 
        more than $4,000,000,000 in recovery and development 
        funding.</DELETED>
        <DELETED>    (3) On October 4, 2016, Hurricane Matthew struck 
        southwestern Haiti on the Tiburon Peninsula, causing widespread 
        damage and flooding and leaving approximately 1,400,000 people 
        in need of immediate assistance. Recovery efforts continue more 
        than 4 years later.</DELETED>
        <DELETED>    (4) Before 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, 
        approximately 4,400,000 people are in need of humanitarian 
        assistance in Haiti.</DELETED>
        <DELETED>    (5) With assistance from the United States, more 
        than 30,000 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 
        Government of Haiti, and the private sector) in northern 
        Haiti.</DELETED>
        <DELETED>    (6) Since 2018, tens of thousands of Haitians have 
        participated in popular demonstrations demanding accountability 
        over government management of Petrocaribe resources. In early 
        2019, the superior court of auditors in Haiti released a series 
        of reports implicating high-level government officials in the 
        misappropriation of funds.</DELETED>
        <DELETED>    (7) The United Nations Office of the High 
        Commissioner for Human Rights 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 1 journalist covering the protests.</DELETED>
        <DELETED>    (8) Leading members of civil society have faced 
        attacks, including Monferrier Dorval, a constitutional law 
        expert and president of the Port-au-Prince bar association who 
        was killed on August 28, 2020.</DELETED>
        <DELETED>    (9) On November 13, 2018, according to the Haitian 
        National Human Rights Defense Network, at least 71 people were 
        shot and killed and 18 people were raped in the neighborhood of 
        La Saline in Port-au-Prince.</DELETED>
        <DELETED>    (10) On December 10, 2020, the Office of Foreign 
        Assets Control of the Department of the Treasury 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 Executive Order 13818 (50 U.S.C. 
        1701 note; relating to blocking the property of persons 
        involved in serious human rights abuse or corruption) 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 massacre in La Saline.</DELETED>
        <DELETED>    (11) Following the massacre in La Saline, similar 
        attacks have occurred in other Port-au-Prince neighborhoods, 
        including the November 2019 and August 2020 attacks in Bel Air, 
        in which 24 people were killed and hundreds of families were 
        displaced.</DELETED>
        <DELETED>    (12) Parliamentary elections scheduled for October 
        2019 did not take place, and since January 13, 2020, President 
        Jovenel Moise has ruled by decree. At least 5 decrees have been 
        cited as increasingly authoritarian by Haitian civic and 
        political leaders and the international community, including--
        </DELETED>
                <DELETED>    (A) the October 30, 2020, decision to 
                constitute a 5-member group to draft a new 
                constitution;</DELETED>
                <DELETED>    (B) the November 6, 2020, decision to 
                reduce the control of anticorruption entities such as 
                the Superior Court of Accounts and Administrative 
                Litigation;</DELETED>
                <DELETED>    (C) the November 26, 2020, antiterrorism 
                decree that establishes sanctions applicable to Haitian 
                police officers not stopping demonstrations;</DELETED>
                <DELETED>    (D) the November 26, 2020, creation of the 
                National Intelligence Agency; and</DELETED>
                <DELETED>    (E) the February 11, 2021, appointment of 
                3 new judges to the Supreme Court of Haiti outside of 
                constitutional procedures.</DELETED>
        <DELETED>    (13) Although there has been no parliament in 
        place since January 2020, the Government of Haiti approved a 
        budget on September 30, 2020, but the delay prevented the 
        International Monetary Fund and other multilateral 
        organizations from disbursing millions in international 
        assistance.</DELETED>
        <DELETED>    (14) In September 2020, President Moise bypassed 
        the Supreme Court of Haiti to appoint a Provisional Electoral 
        Council (CEP) by executive decree. Several civil society groups 
        that traditionally participate in the electoral councils of 
        Haiti criticized the decision and have declined to be 
        represented in the CEP.</DELETED>
        <DELETED>    (15) On February 7, 2021, President Moise alleged 
        that a coup had been attempted against him, leading to 23 
        subsequent arrests, including of Judge Yviquel Dabresil of the 
        Supreme Court of Haiti. The Department of State noted that 
        ``the situation remains murky and we await the results of the 
        police investigation''. On February 9, 2021, President Moise 
        forced the retirement of 3 Supreme Court judges, who were named 
        as possible transitional presidents by political opponents, and 
        replaced them with individuals he unilaterally 
        selected.</DELETED>

<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States to support the 
sustainable rebuilding and development of Haiti in a manner that--
</DELETED>
        <DELETED>    (1) recognizes Haitian independence, self-
        reliance, sovereignty, democratic governance, and 
        efficiency;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) fosters collaboration between the Haitian 
        diaspora in the United States, including dual citizens of Haiti 
        and the United States, with the Government of Haiti and the 
        business community in Haiti;</DELETED>
        <DELETED>    (5) supports anticorruption efforts and addresses 
        human rights concerns;</DELETED>
        <DELETED>    (6) respects and helps restore the natural 
        resources of Haiti and strengthens community-level resilience 
        to environmental and weather-related impacts;</DELETED>
        <DELETED>    (7) promotes the holding of free, fair, and timely 
        elections in accordance with democratic principles and the 
        Constitution of Haiti;</DELETED>
        <DELETED>    (8) 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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. DEFINITION OF APPROPRIATE CONGRESSIONAL 
              COMMITTEES.</DELETED>

<DELETED>    In this Act, the term ``appropriate congressional 
committees'' means--</DELETED>
        <DELETED>    (1) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Foreign Affairs and the 
        Committee on Appropriations of the House of 
        Representatives.</DELETED>

<DELETED>SEC. 5. STRENGTHENING HUMAN RIGHTS AND ANTICORRUPTION EFFORTS 
              IN HAITI AND HOLDING PERPETRATORS OF THE LA SALINE 
              MASSACRE ACCOUNTABLE.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Fostering strong relationships with 
        independent civil society groups focused on monitoring 
        corruption and human rights abuses and promoting democracy in 
        Haiti.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Addressing concerns of impunity for the 
        alleged perpetrators of, as well as the individuals who 
        organized and planned, the massacre in La Saline that took 
        place on November 13, 2018.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Briefing.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Elements.--The briefing required by paragraph 
        (1) shall include the following:</DELETED>
                <DELETED>    (A) An examination of any links between 
                the massacre in La Saline and mass protests that 
                occurred concurrently in Haiti.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) A detailed description of all known 
                perpetrators of, as well as the individuals who 
                organized and planned, the massacre.</DELETED>
                <DELETED>    (D) An overview of efforts taken by the 
                Government of Haiti to bring the perpetrators of, as 
                well as the individuals who organized and planned, the 
                massacre in La Saline to justice and to prevent other 
                similar attacks.</DELETED>
                <DELETED>    (E) An assessment of the ensuing treatment 
                and displacement of the survivors of the massacre in La 
                Saline.</DELETED>
        <DELETED>    (3) Consultation.--In carrying out paragraph (1), 
        the Secretary shall consult with nongovernmental organizations 
        in Haiti and the United States.</DELETED>

<DELETED>SEC. 6. METHODS TO PROMOTE FREEDOM OF THE PRESS AND ASSEMBLY 
              IN HAITI.</DELETED>

<DELETED>    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 through the following methods:</DELETED>
        <DELETED>    (1) Advocating to Haitian authorities for 
        increased protection for journalists and the press and for the 
        freedom to peacefully assemble or protest in Haiti.</DELETED>
        <DELETED>    (2) Collaborating with officials of the Government 
        of Haiti and representatives of civil society to increase legal 
        protections for journalists in Haiti.</DELETED>
        <DELETED>    (3) Supporting efforts to strengthen transparency 
        in the public and private sectors in Haiti and access to 
        information in Haiti.</DELETED>
        <DELETED>    (4) Using United States foreign assistance for 
        programs to strengthen capacity for independent journalists and 
        increase support for investigative journalism in 
        Haiti.</DELETED>

<DELETED>SEC. 7. METHODS TO SUPPORT POST-EARTHQUAKE, POST-HURRICANE, 
              AND POST-COVID-19 RECOVERY AND DEVELOPMENT IN 
              HAITI.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) Collaborating with the Government of Haiti on 
        a detailed and transparent development plan that includes clear 
        objectives and benchmarks.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Assessing the impact of the recovery efforts 
        of the United States and the international community in Haiti 
        since January 2010.</DELETED>
        <DELETED>    (4) Supporting disaster resilience and 
        reconstruction efforts.</DELETED>
        <DELETED>    (5) Addressing the underlying causes of poverty 
        and inequality.</DELETED>
        <DELETED>    (6) Improving access to--</DELETED>
                <DELETED>    (A) health resources;</DELETED>
                <DELETED>    (B) public health technical assistance; 
                and</DELETED>
                <DELETED>    (C) clean water, food, and 
                shelter.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. REPORT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Elements.--The report required by subsection (a) shall 
include the following:</DELETED>
        <DELETED>    (1) A strategy for carrying out sections 5, 6, and 
        7, including established baselines, benchmarks, and indicators 
        to measure outcomes and impact.</DELETED>
        <DELETED>    (2) An assessment of major corruption committed 
        among the public and private sectors and all corruption 
        prosecutions investigated by the judiciary of Haiti since 
        January 2015.</DELETED>
        <DELETED>    (3) An overview of efforts taken by 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.</DELETED>
        <DELETED>    (4) A description of United States Government 
        efforts 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (7) A description of the efforts of the Government 
        of Haiti to support displaced survivors of urban and gang 
        violence.</DELETED>
        <DELETED>    (8) An assessment of the impact of presidential 
        decrees on the health of Haiti's democratic institutions and 
        safeguarding of human rights, including decrees relating to--
        </DELETED>
                <DELETED>    (A) reducing the authority of the Superior 
                Court of Accounts and Administrative 
                Litigation;</DELETED>
                <DELETED>    (B) promulgating an antiterrorism 
                law;</DELETED>
                <DELETED>    (C) establishing the National Intelligence 
                Agency; and</DELETED>
                <DELETED>    (D) retiring and subsequently appointing 
                judges to the Supreme Court of Haiti.</DELETED>
        <DELETED>    (9) A review of the alleged coup against President 
        Moise on February 7, 2021, and subsequent arrest and jailings 
        of alleged perpetrators.</DELETED>
        <DELETED>    (10) An analysis, in collaboration with the 
        Government of Haiti, of efforts to support development goals in 
        Haiti since January 2015, including steps taken--</DELETED>
                <DELETED>    (A) to strengthen institutions at the 
                national and local levels; and</DELETED>
                <DELETED>    (B) to strengthen democratic governance at 
                the national and local levels.</DELETED>
        <DELETED>    (11) An analysis of the effectiveness and 
        sustainability of development projects financed by the United 
        States, including the Caracol Industrial Park and supporting 
        infrastructure.</DELETED>
        <DELETED>    (12) 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.</DELETED>
        <DELETED>    (13) 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.</DELETED>
        <DELETED>    (14) 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.</DELETED>
<DELETED>    (c) Consultation.--In preparing the report required by 
subsection (a), the Secretary and the Administrator shall consult, as 
appropriate, with--</DELETED>
        <DELETED>    (1) nongovernmental organizations and civil 
        society groups in Haiti and the United States; and</DELETED>
        <DELETED>    (2) the Government of Haiti.</DELETED>
<DELETED>    (d) Public Availability.--The Secretary shall make the 
report required by subsection (a) publicly available on the website of 
the Department of State.</DELETED>

<DELETED>SEC. 9. REPEAL.</DELETED>

<DELETED>    The Assessing Progress in Haiti Act of 2014 (22 U.S.C. 
2151 note; Public Law 113-162) is repealed.</DELETED>

<DELETED>SEC. 10. TERMINATION.</DELETED>

<DELETED>    This Act shall terminate on December 31, 2025.</DELETED>

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.
            (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.
                                                       Calendar No. 157

117th CONGRESS

  1st Session

                                S. 1104

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