[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 396 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 396

    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 and impose sanctions on political and economic 
              elites involved in such criminal activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2023

  Mr. Menendez (for himself, Mr. Rubio, Mr. Kaine, Mr. Cruz, and Mr. 
    Booker) 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 and impose sanctions on political and economic 
              elites involved in such criminal activities.

    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 2023''.

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.--
            (1) In general.--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--
                    (A) identify prominent criminal gangs in Haiti, 
                describe their criminal activities, and identify their 
                primary geographic areas of operations;
                    (B) list Haitian political and economic elites who 
                have links to criminal gangs;
                    (C) describe in detail the relationship between the 
                individuals listed pursuant to subparagraph (B) and the 
                criminal gangs identified pursuant to subparagraph (A);
                    (D) list Haitian political and economic elites with 
                links to criminal activities who are currently 
                subjected to visa restrictions or sanctions by the 
                United States, its international partners, or the 
                United Nations, including information regarding--
                            (i) the date on which each such Haitian 
                        political or economic elite was designated for 
                        restrictions or sanctions;
                            (ii) which countries have designated such 
                        Haitian political and economic elites for 
                        restrictions or sanctions; and
                            (iii) for Haitian political and economic 
                        elites who were designated by the United 
                        States, the statutory basis for such 
                        designation;
                    (E) describe in detail how Haitian political and 
                economic elites use their relationships with criminal 
                gangs to advance their political and economic interests 
                and agenda;
                    (F) 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
                    (G) 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 subparagraph (F).
            (2) Form of report.--The report required under paragraph 
        (1) shall be submitted in unclassified form, but may include a 
        classified annex.
    (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 subparagraphs (A) and 
        (B) of subsection (b)(1) 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, 2022 (division K of Public Law 117-103; 8 U.S.C. 
                1182 note); or
                    (B) section 1263 of the Global Magnitsky Human 
                Rights Accountability Act (22 U.S.C. 10102).
            (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), to the extent applicable, 
        the sanctions referred to in subparagraphs (A) and (B) of such 
        paragraph.
            (3) Waiver.--The President may waive the requirements under 
        paragraphs (1) and (2) with respect to a foreign person if the 
        President certifies and reports to the appropriate 
        congressional committees before such waiver is to take effect 
        that such waiver--
                    (A) would serve a vital national interest of the 
                United States; or
                    (B) is necessary for the delivery of humanitarian 
                assistance or other assistance that supports basic 
                human needs.
            (4) Public availability.--The list of persons identified 
        pursuant to subsection (b)(1)(B) shall be posted on a publicly 
        accessible website of the Department of State beginning on the 
        date on which the report required under subsection (b)(1) is 
        submitted to Congress.
    (d) Sunset.--This section shall cease to have effect on the date 
that is 5 years after the date of the enactment of this Act.
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