[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5083 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5083

    To require the Secretary of State to submit an annual report to 
 Congress regarding the ties between criminal gangs and political and 
                       economic elites in Haiti.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2022

  Mr. Menendez (for himself, Mr. Rubio, and Mr. Kaine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of State to submit an annual report to 
 Congress regarding the ties between criminal gangs and political and 
                       economic elites in Haiti.

    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 Criminal Collusion 
Transparency Act of 2022''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to a United Nations estimate, approximately 
        167 criminal gangs operated in Haiti in October 2021, exerting 
        territorial control over as much as two-thirds of the country.
            (2) Haitian armed criminal gangs, the most prominent of 
        which are the G9 Family and Allies and 400 Mawozo gangs, 
        conduct violent crimes, including murder, rape, arms and drug 
        trafficking, racketeering, kidnapping, and blockades of fuel 
        and aid deliveries. These crimes have perpetuated the ongoing 
        security and humanitarian crises in Haiti, which have worsened 
        since the assassination of President Jovenel Moise on July 7, 
        2021.
            (3) 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 to life and security in Haiti between July 2018 and 
        December 2019.
            (4) At least 19,000 Haitians were forcibly displaced during 
        2021 due to rising criminal violence.
            (5) At least 803 kidnappings were reported in Haiti during 
        the first 10 months of 2021, including the kidnapping of more 
        than 16 United States citizens, giving Haiti having the highest 
        per capita kidnapping rate of any country in the world.
            (6) There is significant evidence of collusion between 
        criminal gangs and economic and political elites in Haiti, 
        including members of the Haitian National Police, which has 
        resulted in widespread impunity and directly contributed to 
        Haiti's current security crisis.
            (7) 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 under the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-
        328; 22 U.S.C. 2656 note) for their connections to armed 
        criminal gangs, including organizing the November 2018 La 
        Saline massacre.

SEC. 3. REPORTING REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Economic elites.--The term ``economic elites'' means 
        board members, officers, and executives of groups, committees, 
        corporations, or other entities that exert substantial 
        influence or control over Haiti's economy, infrastructure, or 
        particular industries.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) Political and economic elites.--The term ``political 
        and economic elites'' means political elites and economic 
        elites.
            (5) Political elites.--The term ``political elites'' means 
        current and former government officials and their high-level 
        staff, political party leaders, and political committee 
        leaders.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter for the following 5 
years, the Secretary of State, in coordination with the intelligence 
community, shall submit a report to the appropriate congressional 
committees regarding the ties between criminal gangs and political and 
economic elites in Haiti. The report shall--
            (1) identify prominent criminal gangs in Haiti, describe 
        their criminal activities, and identify their primary 
        geographic areas of operations;
            (2) list Haitian political and economic elites who have 
        links to criminal gangs;
            (3) describe in detail the relationship between the 
        individuals listed pursuant to paragraph (2) and the criminal 
        gangs identified pursuant to paragraph (1);
            (4) describe in detail how Haitian political and economic 
        elites use their relationships with criminal gangs to advance 
        their political and economic interests and agenda;
            (5) include an assessment of how the nature and extent of 
        collusion between political and economic elites and criminal 
        gangs threatens the Haitian people and United States national 
        interests and activities in the country, including the 
        provision of security assistance to the Haitian government; and
            (6) include an assessment of potential actions that the 
        Government of the United States and the Government of Haiti 
        could take to address the findings made pursuant to paragraph 
        (5).
    (c) Designations of Political and Economic Elites.--
            (1) In general.--The Secretary of State, in coordination 
        with other relevant Federal agencies and departments, shall 
        identify persons identified pursuant to paragraphs (1) and (2) 
        of subsection (b) who may be subjected to visa restrictions and 
        sanctions under--
                    (A) section 7031(c) of the Department of State, 
                Foreign Operations, and Related Programs Appropriations 
                Act, 2021 (division K of Public Law 116-260; 8 U.S.C. 
                1182 note); or
                    (B) section 1263 of the Global Magnitsky Human 
                Rights Accountability Act (subtitle F of title XII of 
                division A of Public Law 114-328; 22 U.S.C. 2656 note).
            (2) Imposition of sanctions.--Not later than 30 days after 
        the date on which the report is submitted pursuant to 
        subsection (b), the President shall impose, on individuals 
        identified pursuant to paragraph (1), the sanctions referred to 
        in subparagraphs (A) and (B) of such paragraph.
            (3) Public availability.--The list of persons identified 
        pursuant to subsection (b)(2) shall be posted on a publicly 
        accessible website of the Department of State on the date on 
        which the report required under subsection (b) is submitted to 
        Congress.
    (d) Form of Report.--The report required under subsection (b) shall 
be submitted in unclassified form, but may include a classified annex.
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