Haiti Criminal Collusion Transparency Act of 2023

Floor Speech

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Mr. BARR. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1684) 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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 1684

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) Armed gangs have used rape, and other forms of sexual violence to instill fear, punish, subjugate, and inflict pain on local populations with the goal of expanding their areas of influence in Port-au-Prince.

(6) 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.

(7) 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.

(8) 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 the Judiciary of the Senate;

(D) the Committee on Foreign Affairs of the House of Representatives;

(E) the Permanent Select Committee on Intelligence of the House of Representatives; and

(F) the Committee on the Judiciary 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 including coercive recruitment, 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 a list of each criminal organization assessed to be trafficking Haitians and other individuals to the United States border;

(G) 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

(H) 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 (G).

(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.--

(A) In general.--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.

(B) Exception relating to importation of goods.--

(i) In general.--A requirement to block and prohibit all transactions in all property and interests in property pursuant to the authority provided by this section shall not include the authority or a requirement to impose sanctions on the importation of goods.

(ii) Good defined.--In this section, the term ``good'' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

(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.

Mr. Speaker, prolonged political instability, exceptionally high poverty levels, a resurgence of cholera, food insecurity, a paralyzed economy and crippling inflation prices, continuous devastating natural disasters, lack of access to adequate healthcare, and distressing levels of insecurity--these are the ongoing crises facing the people of Haiti.

Tragically, they are being made worse by corrupt oligarchs and political elites in the country who use gangs as a tool to advance their personal interests and gain power.

Those lawless gangs are responsible for an exponential rise in violence and horrific human rights abuses. They are wreaking havoc against an already vulnerable population.

Mr. Speaker, I thank my friend, the gentleman from New York, Ranking Member Meeks, who worked with Chairman McCaul and their bipartisan cosponsors to help confront those predators with this bill.

This bill ensures that the Secretary of State will impose sanctions on Haiti's economic and political elite responsible for mobilizing these gangs to carry out their dirty work which has unleashed violence with no end in sight.

The bill also requires annual reports to Congress on the ties between these gangs and political and economic elites in Haiti.

To help the Haitian people restore democratic order, we must hold corrupt elites accountable for the violence they are instigating. Prohibiting these criminals from traveling to and operating in the United States is an important step in that direction.

Mr. Speaker, I urge support for this bill, and I reserve the balance of my time. House of Representatives, Committee on the Judiciary, Washington, DC, June 15, 2023. Hon. Michael McCaul, Chairman, Committee on Foreign Affairs, Washington, DC.

Dear Chairman McCaul: I write regarding H.R. 1684, the Haiti Criminal Collusion Transparency Act of 2023. Provisions of this bill fall within the Judiciary Committee's Rule X jurisdiction, and I appreciate that you consulted with us on those provisions. The Judiciary Committee agrees that it shall be discharged from further consideration of the bill so that it may proceed expeditiously to the House floor.

The Committee takes this action with the understanding that forgoing further consideration of this measure does not in any way alter the Committee's jurisdiction or waive any future jurisdictional claim over these provisions or their subject matter. We also reserve the right to seek appointment of an appropriate number of conferees in the event of a conference with the Senate involving this measure or similar legislation.

I ask that you please include this letter in your committee's report to accompany this legislation or insert this letter in the Congressional Record during consideration of H.R. 1684 on the House floor. I appreciate the cooperative manner in which our committees have worked on this matter, and I look forward to working collaboratively in the future on matters of shared jurisdiction. Thank you for your attention to this matter. Sincerely, Jim Jordan, Chairman. ____ House of Representatives, Committee on Foreign Affairs, Washington, DC, June 15, 2023. Hon. Jim Jordan, Chairman, Committee on the Judiciary, Washington, DC.

Dear Chairman Jordan: Thank you for consulting with the Foreign Affairs Committee and agreeing to be discharged from further consideration of H.R. 1684, the Haiti Criminal Collusion Transparency Act of 2023, so that the measure may proceed expeditiously to the House floor.

I agree that your forgoing further action on this measure does not in any way diminish the jurisdiction of your committee, or prejudice its jurisdictional prerogatives on this measure or, similar legislation in the future. I would support your effort to seek appointment of an appropriate number of conferees from your committee to any House-Senate conference on this legislation.

I will seek to place our letters on this bill into the Congressional Record during floor consideration. I appreciate your cooperation regarding this legislation and look forward to continuing to work together as this measure moves through the legislative process. Sincerely, Michael T. McCaul, Chairman.
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Mr. BARR. Mr. Speaker, I continue to reserve the balance of my time.

Mr. Speaker, what is going on in the nation of Haiti is a human tragedy. I again thank the gentleman from New York (Mr. Meeks) for leading this bipartisan bill, which, as he eloquently described, would 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, thereby enabling the Secretary of State to identify and impose sanctions on political and economic elites with links to criminal gangs. Hopefully, that effort would improve the conditions that the people of Haiti are going through right now.

Mr. Speaker, this bill deserves our support, and I yield back the balance of my time.

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