[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5322-S5323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3558. Mrs. SHAHEEN (for herself and Mr. Scott of Florida)
submitted an amendment intended to be proposed by her to the bill S.
2296, to authorize appropriations for fiscal year 2026 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 ACT OF
2025.
(a) Short Title.--This section may be cited as the
``Haiti Criminal Collusion Transparency Act of 2025''.
(b) Reporting Requirements.--
(1) In general.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of State, in coordination with other
Federal agencies as the Secretary determines appropriate,
shall submit to the appropriate congressional committees a
report on the connections between criminal gangs and
political elites and economic elites in Haiti.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a list identifying prominent criminal gangs in Haiti,
including--
(i) the leaders of each gang;
(ii) a description of the criminal activities of each
gang, including coercive recruitment; and
(iii) the primary geographic area of operations for each
gang;
(B) a list of political elites and economic elites in
Haiti who knowingly have direct and significant links to
criminal gangs and any organizations or entities controlled
by such political elites and economic elites;
(C) a detailed description of the relationship between
the political elites and economic elites listed pursuant to
subparagraph (B) and the criminal gangs identified pursuant
to subparagraph (A);
(D) a detailed description of how political elites and
economic elites in Haiti use relationships with criminal
gangs to advance political and economic interests and
agendas;
(E) a list of each criminal organization assessed to be
trafficking Haitians and other individuals to the United
States border;
(F) an assessment of connections between political elites
and economic elites, criminal gangs in Haiti, and
transnational criminal organizations;
(G) an assessment of how the nature and extent of
collusion between political elites and economic elites and
criminal gangs threatens the people of Haiti and the national
interests and activities of the United States in Haiti; and
(H) 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).
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Sanctions.--
(1) In general.--Not later than 90 days after the date
the report required by section 2 is submitted to the
appropriate congressional committees, the President shall
impose sanctions described in paragraph (2) with respect to
each foreign person identified pursuant to subparagraphs (A)
and (B) of subsection (b)(2).
(2) Sanctions described.--The sanctions described in this
subsection are the following:
(A) Property blocking.--Notwithstanding the requirements
of section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701), the President may exercise of all
powers granted to the President by that Act to the extent
necessary to block and prohibit all transactions in all
property and interests in property of any foreign person
described in paragraph (1) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(B) Aliens inadmissible for visas, admission, or
parole.--
(i) In general.--An alien who the Secretary of State or
the Secretary of Homeland Security (or a designee of one of
such Secretaries) knows, or has reason to believe, is
described in paragraph (1) is--
(I) inadmissible to the United States;
(II) ineligible for a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall, in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry documentation
issued to an alien described in paragraph (1) regardless of
when the visa or other entry documentation was issued.
(II) Effect of revocation.--A revocation under subclause
(I)--
(aa) shall take effect immediately; and
(bb) shall automatically cancel any other valid visa or
entry documentation that is in the possession of the alien.
(3) Exceptions.--
(A) Exception to comply with international obligations.--
Sanctions under paragraph (2)(B) shall not apply with respect
to the admission of an alien if admitting or paroling the
alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations of the United States.
(B) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions for--
(i) the sale of agricultural commodities, food, medicine,
or medical devices to Haiti;
(ii) the provision of humanitarian assistance to the
people of Haiti;
(iii) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Haiti; or
(iv) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes in Haiti.
(4) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(B) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to any
person that violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206(a) of such Act (50 U.S.C. 1705(a)).
(5) Waiver.--The President may waive the application of
sanctions imposed with respect to a foreign person under this
section if the President certifies to the appropriate
congressional committees, not later than 15 days before such
waiver takes effect, that the waiver is vital to the national
security interests of the United States.
(d) Definitions.--In this section:
(1) Admitted; alien; lawfully admitted for permanent
residence.--The terms ``admitted'', ``alien'', and ``lawfully
admitted for permanent residence'' have the meanings given
those terms in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
[[Page S5323]]
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Economic elite.--The term ``economic elite'' means a
board member, officer, or executive of a group, committee,
corporation, or other entity that exerts substantial
influence or control over the economy, infrastructure, or a
particular industry of Haiti.
(5) Political elite.--The term ``political elite'' means
a current or former government official, or the high-level
staff of any such government official, a political party
leader, or a political committee leader of Haiti.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a permanent resident alien of the United States; or
(C) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
(e) Sunset.--This section shall cease to have any force
or effect beginning on the date that is 5 years after the
date of the enactment of this Act.
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