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

<DOC>





                                                        Calendar No. 47
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, Mr. Booker, 
 and Mr. Schumer) introduced the following bill; which was read twice 
           and referred to the Committee on Foreign Relations

                              May 4, 2023

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Haiti Criminal Collusion 
Transparency Act of 2023''.</DELETED>

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

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) At least 19,000 Haitians were forcibly 
        displaced during 2021 due to rising criminal 
        violence.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (B) the Select Committee on Intelligence 
                of the Senate;</DELETED>
                <DELETED>    (C) the Committee on Foreign Affairs of 
                the House of Representatives; and</DELETED>
                <DELETED>    (D) the Permanent Select Committee on 
                Intelligence of the House of Representatives.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (4) Political and economic elites.--The term 
        ``political and economic elites'' means political elites and 
        economic elites.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Report Required.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) identify prominent criminal gangs in 
                Haiti, describe their criminal activities, and identify 
                their primary geographic areas of operations;</DELETED>
                <DELETED>    (B) list Haitian political and economic 
                elites who have links to criminal gangs;</DELETED>
                <DELETED>    (C) describe in detail the relationship 
                between the individuals listed pursuant to subparagraph 
                (B) and the criminal gangs identified pursuant to 
                subparagraph (A);</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) the date on which each such 
                        Haitian political or economic elite was 
                        designated for restrictions or 
                        sanctions;</DELETED>
                        <DELETED>    (ii) which countries have 
                        designated such Haitian political and economic 
                        elites for restrictions or sanctions; 
                        and</DELETED>
                        <DELETED>    (iii) for Haitian political and 
                        economic elites who were designated by the 
                        United States, the statutory basis for such 
                        designation;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Form of report.--The report required under 
        paragraph (1) shall be submitted in unclassified form, but may 
        include a classified annex.</DELETED>
<DELETED>    (c) Designations of Political and Economic Elites.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) section 1263 of the Global Magnitsky 
                Human Rights Accountability Act (22 U.S.C. 
                10102).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) would serve a vital national interest 
                of the United States; or</DELETED>
                <DELETED>    (B) is necessary for the delivery of 
                humanitarian assistance or other assistance that 
                supports basic human needs.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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 persons and 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) Consultations.--In developing and implementing the 
        report required under paragraph (1), the Secretary of State 
        shall consult with Haitian diaspora communities in the United 
        States and civil society organizations on topics including 
        humanitarian assistance mechanisms for overcoming collusion 
        between Haitian political and economic elites.
            (3) 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);
                    (B) section 1263 of the Global Magnitsky Human 
                Rights Accountability Act (22 U.S.C. 10102); or
                    (C) any other provision of law.
            (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.
                                                        Calendar No. 47

118th CONGRESS

  1st Session

                                 S. 396

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 4, 2023

                       Reported with an amendment