[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
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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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