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Bill
Notes

H.R. 5586 — what changed

Haiti Development, Accountability, and Institutional Transparency Initiative Act

From Introduced in House to Engrossed in House. 6 sections amended between Introduced in House and Engrossed in House.

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 an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation’s civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced.
(2)
The Post Disaster Needs Assessment conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and others estimated that damage and economic losses from the January 12, 2010, earthquake totaled $7,804,000,000.
(3)
changed 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 billion has been disbursed by donors. Since the 2010 earthquake, the United States Government has disbursed more than $4,000,000,000 $4 billion in recovery and development funding.
(4)
changed 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. The strongest storm to hit Haiti since Hurricane Cleo in 1964, 2.1 million people were directly affected by the hurricane.Recovery efforts continue more than 3 years later.
(5)
changed Recovery efforts continue almost 3 years after Hurricane Matthew made landfall in 2016. The World Bank estimates storm-caused losses Prior to both the earthquake and damages valued at 32 percent hurricane, Haiti registered among the lowest socioeconomic indicators and had the second highest rate of 2015 Gross Domestic Product.income disparity in the world—conditions that have further complicated disaster recovery and resilience efforts.
(6)
changed Prior to both In June 2019 the earthquake and hurricane, World Food Program reported that Haiti registered among the lowest socioeconomic indicators and has one of the second highest rate levels of income disparity chronic food insecurity in the world, conditions that have further complicated disaster recovery with more than half of its total population chronically food insecure and resilience efforts.22 percent of children chronically malnourished.
(7)
removed In June 2019, World Food Program reported that Haiti has one of the highest levels of chronic food insecurity in the world with more than half of its total population chronically food insecure and 22 percent of children chronically malnourished.
(7)
renumbered was (10) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 800,000 reported cases and over 9,000 deaths to date. The Pan American Health Organization reported in 2018 that the cholera incidence rate in Haiti is 25.5 cases per 100,000.
(8)
added With United States assistance, almost 14,000 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 Haitian Government, and the private sector) in northern Haiti.
(9)
changed With United States assistance, almost 14,000 jobs have been created, largely in the apparel industry at the Caracol Industrial Park (in partnership with the Inter-American Development Bank, According to the Haitian government, National Human Rights Defense Network, on November 13, 2018, at least 59 people were shot and the private sector) killed in northern Haiti.the Port-au-Prince neighborhood of La Saline. After months of investigations, no one has been held responsible for the La Saline massacre.
(10)
changed Evidence suggests that people displaced by the 2010 earthquake and hurricanes Since 2018, tens of thousands of Haitians have participated in following years, especially Hurricane Matthew popular demonstrations demanding accountability over government management of Petrocaribe resources. In early 2019, the Haitian superior court of auditors released a series of reports implicating high-level government officials in 2016, still face displacement-related vulnerabilities today.the misappropriation of funds.
(11)
removed On November 13, 2018, at least 59 people were shot and killed in the Port-au-Prince neighborhood of La Saline. After months of investigations, no one has been held responsible for the La Saline massacre.
(12)
removed Since 2018, tens of thousands of Haitians have participated in a series of demonstrations demanding accountability over government spending of Petrocaribe resources. In early 2019, the Haitian superior court of auditors released an investigation implicating high-level government officials in the misappropriation of funds.
(11)
renumbered was (15) From August 2018 through February 2019, local human rights organizations reported that 64 Haitian citizens were killed in protests.
(12)
added According to the Committee to Protect Journalists, five Haitian journalists were shot while covering protests in 2019 and one was killed. On September 23, 2019, Associated Press photojournalist Chery Dieu-Nalio was shot by Haitian Senator Jean Marie Ralph Féthière when the Senator fired multiple shots near a crowd outside of parliament.
(13)
added Economic growth in Haiti is projected to drop below 1.5 percent this year. Inflation is estimated to be 15 percent and the local currency has depreciated by 30 percent in the past year. The Haitian government and parliament have failed to pass a budget for 2 years, preventing the International Monetary Fund and other multilaterals from disbursing millions in international assistance.
(14)
changed In 2019, according to the Committee to Protect Journalists, five Haitian journalists have been shot while covering protests, including one who was killed. On September 23, 2019, Haitian Senator Jean Marie Ralph Féthière shot Associated Press photojournalist Chery Dieu-Nalio in the face after he exited his car Midterm elections set for October 2019 did not take place, and fired multiple shots near a crowd of people surrounding him.since January 2020 President Moise has ruled by decree.
(15)
removed Economic growth in Haiti is projected to drop below 1.5 percent this year. Inflation is estimated to be 15 percent and the local currency has depreciated by 30 percent in the past year. The government and parliament have failed to pass a budget for two years, preventing the International Monetary Fund and other multilaterals from disbursing millions in international assistance.
(16)
removed Midterm elections set for October 2019 did not take place and will leave President Moise ruling by decree after two-thirds of the Haitian Senate expires in January 2020.

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)
changed embraces recognizes Haitian independence, self-reliance, sovereignty, democratic governance, and efficiency;
(2)
changed promotes Haitian-led efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of for reconstruction and development of Haiti;
(3)
changed encourages and assists strengthens the building of long-term capacity for of civil society and supports private sector initiatives that foster economic opportunities in Haiti;
(4)
changed fosters collaboration between the Haitian diaspora in the United States and the Haitian government;Government;
(5)
combats impunity and prioritizes delivering justice to victims of human rights abuses;
(6)
changed ensures the protection of press freedoms and promotion of a free and independent Haitian press;
(7)
changed respects the sovereignty promotes respect for freedom of assembly and individual liberty the rights of Haitian citizens Haitians to peacefully demonstrate;
(8)
changed demands increased transparency and heightens accountability among all branches of government, including through efforts to reduce corruption government and address supports anti-corruption and addresses human rights concerns;
(9)
changed assists and helps build prioritizes strengthening community resilience to environmental and weather-related impacts; and
(10)
changed promotes the holding of democratic principles, including free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution.

4. Strengthening human rights and anti-corruption efforts in Haiti and holding perpetrators of La Saline massacre accountable

(a)
changed Secretary of state State prioritization— The Secretary of State shall prioritize the protection and preservation of human rights and anti-corruption efforts in Haiti by carrying out the following initiatives:by—
(1)
changed Fostering fostering strong relationships with independent civil society groups focused on monitoring corruption and human rights concerns abuses and promoting democracy in Haiti.Haiti;
(2)
changed Collaborating with supporting the efforts of the Haitian government officials Government to ensure that identify human rights violators and corrupt actors in Haiti are held Haiti, including public and private sector actors, and hold them accountable for their actions.actions; and
(3)
changed Identifying corrupt public and private sector officials and violators addressing concerns of human rights in Haiti.impunity for alleged orchestrators of the La Saline massacre.
(4)
removed Addressing concerns of perceived impunity for hostile orchestrators of the La Saline shooting.
(b)
changed Strategy—Assessment—
(1)
changed Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State State, in consultation with nongovernmental organizations in Haiti and the United State, shall submit to the appropriate congressional committees a detailed summary assessment of the happenings on November 13, 2018, in the Port-au-Prince neighborhood of La Saline and a strategy for carrying out the initiatives described in subsection (a). Saline. The strategy assessment shall include—include the following:
(A)
changed a breakdown An examination of how any links between the massacre in La Saline related to and mass protests occurring that occurred concurrently in the country;country.
(B)
changed an An analysis of the reports on the La Saline shooting reports massacre authored by the United Nations, the European Union, and the Government of Haiti;Haitian Government.
(C)
changed a A detailed description of all known actors implicated in the shooting;shooting.
(D)
changed an An overview of efforts taken by the Haitian government Government to bring the orchestrators of the La Saline shooting massacre to justice; andjustice.
(E)
changed an An assessment of the ensuing treatment and displacement of the La Saline shooting survivors.
(2)
changed Consultation—Public availability— In devising the strategy The assessment required under paragraph (1), the Secretary (1) shall consult with nongovernmental organizations in Haiti and be made publicly available on the United States.website of the Department of State.
(3)
removed Public availability— The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.

5. Actions to promote freedom of the press and assembly in Haiti

added The Secretary of State shall prioritize the promotion of press and assembly freedoms, as well as the protection of journalists, in Haiti by—

(1)
added advocating for increased protections for the press and the freedom to peacefully assemble in Haiti;
(2)
added collaborating with government and nongovernment officials to develop and implement legal protections for journalists in Haiti;
(3)
added supporting efforts to strengthen transparency and access to information in Haiti;
(4)
added ensuring that threats and attacks on journalists and protesters are fully investigated and perpetrators are held accountable;
(5)
added developing increased protection measures for peaceful protesters in accordance with Haitian law; and
(6)
added financing efforts to strengthen capacity for independent journalists and increase support for investigative journalism.
(a)
removed Prioritization— The Secretary of State shall prioritize the promotion of press and assembly freedoms as well as the protection of journalists in Haiti by carrying out the following initiatives:
(1)
removed Advocating for increased protection of the press and freedom to peacefully assemble in Haiti.
(2)
removed Collaborating with government and nongovernment officials to increase security for journalists in Haiti.
(3)
removed Supporting efforts to strengthen access to information in Haiti.
(4)
removed Ensuring that threats and attacks on journalists and protestors are fully investigated and perpetrators are held accountable.
(5)
removed Developing increased protection measures against police violence.
(b)
removed Assessment—
(1)
removed Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, shall submit to the appropriate congressional committees an assessment of press freedom and the right to assembly in Haiti. The assessment shall include—
(A)
removed a detailed description of all known attacks on journalists in the past 12 months;
(B)
removed a description of protests in the past 12 months and an assessment of Haitian government response to each protest;
(C)
removed a summary of the Haitian government’s efforts to increase protection for journalists; and
(D)
removed a description of best practices the United States embassy can employ to promote press freedom and the freedom of expression in Haiti.
(2)
removed Consultation— In devising the assessment required under subsection (a), the Secretary of State shall consult with nongovernmental organizations in Haiti and the United States.
(3)
removed Public availability— The assessment required under paragraph (1) shall be made publicly available on the website of the Department of State.

6. Actions to support post-earthquake and post-hurricane recovery and development in Haiti

added The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall prioritize post-earthquake and post-hurricane recovery and development efforts in Haiti by—

(1)
added collaborating with the Haitian Government on a detailed and transparent development plan that includes clear objectives and benchmarks;
(2)
added building the capacity of local institutions through post-earthquake and post-hurricane recovery and development planning;
(3)
added assessing the impact of both the United States’ and the international community’s recovery and development efforts in Haiti over the past 10 years;
(4)
added supporting disaster resilience and reconstruction efforts; and
(5)
added addressing the underlying causes of poverty and inequality, including by providing health resources, access to clean water, food, and shelter.
(a)
removed Prioritization— The Secretary of State shall prioritize efforts to combat corruption in Haiti by carrying out the following initiatives:
(1)
removed Identifying government and nongovernment officials known or alleged to have partaken in corrupt acts.
(2)
removed Supporting the strengthening of a justice system independent of the executive branch.
(3)
removed Ensuring that both government and nongovernment officials are held accountable for corrupt actions.
(4)
removed Promoting and protecting nongovernment civil society groups monitoring institutionalized corruption in Haiti.
(5)
removed Supporting demands for clarity and accountability in the Petrocaribe scandal.
(6)
removed Strengthening institutional transparency and ensuring that Haitian government officials are not immune from prosecution.
(b)
removed Assessment—
(1)
removed Elements— 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, shall submit to the appropriate congressional committees an assessment for combating institutional corruption in Haiti. The assessment shall include—
(A)
removed an overview and detailed history of the Petrocaribe scandal, including an in-depth description of former and current officials and businesses implicated in such scandal and the Haitian government response;
(B)
removed a description of United States efforts to consult and engage with Haitian government officials to address growing allegations of corruption within the Haitian government;
(C)
removed an assessment of the extent of corruption, including embezzling state funds, an account of steps needed to be taken to impose sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note), and a list of government and nongovernment officials known or alleged to have partaken in such corruption; and
(D)
removed a list of United States entities, including financial institutions with financial ties to alleged corrupt actors in Haiti.
(2)
removed Consultation— In devising the assessment required under subsection (a), the Secretary of State shall consult with nongovernmental organizations in Haiti and the United States.
(3)
removed Public availability— The assessment required under paragraph (1) shall be made publicly available on the website of the Department of State.

7. Report

(a)
changed Prioritization—In general— The 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, shall prioritize submit to the appropriate congressional committees a strategy of post-earthquake and post-hurricane recovery and development efforts in Haiti by carrying out report that includes the following initiatives:following:
(1)
changed Collaborating with A strategy for carrying out the Haitian government initiatives described in sections 4, 5, and 6, including established baselines, benchmarks, and indicators to promote a detail-oriented measure outcomes and transparent development plan.impact.
(2)
changed Supporting the strengthening An assessment of local institutions through corruption in Haiti, including an analysis of corruption among the public and private sectors, a post-earthquake list of government and post-hurricane recovery nongovernment officials known or alleged to have partaken in corruption or human rights violations, and development planning.a list of United States entities, including financial institutions, with financial ties to alleged corrupt actors in Haiti.
(3)
changed Assessing both the United States and the international community’s recovery and development An overview of efforts in Haiti over taken by the past 10 years.Haitian Government to address public and private sector corruption.
(4)
changed Supporting disaster resiliency A description of United States Government efforts to consult and reconstruction efforts.engage with Haitian Government officials and independent civil society groups focused on monitoring corruption and human rights abuses and promoting democracy in Haiti to address the Petrocaribe scandal and other acts of corruption within the Haitian Government.
(5)
changed Addressing underlying causes An assessment of poverty and inequality by providing health resources, access the Haitian Government’s efforts to clean water, food security, support displaced survivors of urban and shelter.gang violence.
(6)
changed Identifying and responding to long-term humanitarian needs caused by natural disasters and extreme poverty.A detailed description of all known attacks on journalists in the past since the beginning of “country lock” protests in July 2018.
(7)
added An assessment of the Haitian Government’s response to civic protests that have taken place since July 2018 and any allegations of human rights abuses.
(8)
added An analysis of the Haitian Government’s efforts to increase protection for journalists.
(9)
added A description of United States Government-led efforts to promote press freedom in Haiti over the last 3 years and an outline of any additional best practices the United States Government can employ to promote press freedom and the freedom of expression in Haiti.
(10)
added A plan, developed in collaboration with the Haitian Government, to support development goals that includes the following:
(A)
added Strengthening institutions at the national and local levels.
(B)
added Strengthening democratic governance at the national and local levels.
(11)
added A description of best practices to ensure efficient and transparent earthquake and hurricane recovery and development efforts in Haiti.
(12)
added An analysis of the effectiveness and sustainability of United States-financed development projects, including the Caracol Industrial Park and supporting infrastructure.
(13)
added A breakdown of local procurement by year and a description of efforts to increase local procurement, including food aid.
(14)
added The design of quantitative and qualitative indicators to assess progress and benchmarks for United States initiatives focused on natural disaster recovery, resilience, and sustainable development in Haiti.
(15)
added A description of United States efforts taken to assist the Haitian people in their pursuits for free and fair democratic elections.
(b)
changed Assessment—Consultation— Not later than 180 days after In preparing the date of report required under paragraph (1), the enactment Secretary of this Act State and annually thereafter for two years, the USAID Administrator of shall consult with nongovernmental organizations and civil society groups in Haiti and the United States Agency for International Development, in coordination with States, as well as the Secretary Government of State, shall submit to the appropriate congressional committees an assessment on best practices to ensure efficient and transparent earthquake and hurricane recovery and development efforts in Haiti. The assessment shall include—Haiti where appropriate.
(d)
added Public availability— The report required under paragraph (1) shall be made publicly available on the website of the Department of State.
(1)
removed an analysis of the sustainability of United States-financed projects, including the Caracol Industrial Park and supporting infrastructure;
(2)
removed a breakdown of local procurement by year and a description of efforts to increase local procurement, including of food aid;
(3)
removed a strategy to assign fixed quantitative and qualitative indicators to assess progress and benchmarks for United States initiatives focused on natural disaster recovery, resiliency, and sustainable development in Haiti; and
(4)
removed a description of United States efforts taken to assist Haitian pursuits for free and fair democratic elections.