[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2485-S2486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 291. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. HAITI CRIMINAL COLLUSION TRANSPARENCY REPORTING 
                   REQUIREMENTS.

       (a) Short Title.--This section may be cited as the ``Haiti 
     Criminal Collusion Transparency Act of 2023''.
       (b) 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

[[Page S2486]]

     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.
       (c) 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.
       (d) 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) identify 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) identify 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.
       (e) 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 (d)(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 (d), 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 (d)(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 (d)(1) is submitted to Congress.
       (f) 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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