I 

118TH CONGRESS 

1ST SESSION H. R. 597 

To improve the collection of intelligence regarding activities by drug 

trafficking organizations in certain foreign countries. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2023 

Mr. DAVIDSON (for himself, Mr. CLINE, Mr. GOOD of Virginia, Mr. DONALDS, 

Mr. HIGGINS of Louisiana, Mr. BANKS, Ms. GRANGER, Mr. BUCK, Mrs. 

BOEBERT, Mr. GOSAR, Mr. SESSIONS, Mr. NORMAN, Mr. JACKSON of 

Texas, Mr. PERRY, Mr. TIFFANY, Mrs. MILLER of Illinois, Mr. BABIN, 

Mr. CARL, Mr. DUNCAN, Mr. VAN DREW, Mr. LOUDERMILK, Mr. 

ALFORD, Mr. WILSON of South Carolina, Mr. OGLES, Mr. LAMALFA, Ms. 

DE LA CRUZ, Mr. EZELL, Mr. GIMENEZ, Mr. WEBSTER of Florida, Mr. 

ROUZER, Mr. MOORE of Alabama, Mr. BERGMAN, Mr. ALLEN, Mr. 

GOODEN of Texas, and Mr. MANN) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Intelligence (Permanent Select), Foreign Affairs, Homeland Security, Oversight and Accountability, Energy and Commerce, and 

Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To improve the collection of intelligence regarding activities 

by drug trafficking organizations in certain foreign countries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stop the Cartels Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PRIORITIZING INTELLIGENCE GATHERING ON DRUG 

TRAFFICKING ORGANIZATIONS 

Sec. 101. Assessment of activities by drug trafficking organizations in covered 

foreign countries. 

Sec. 102. Assessment of human trafficking and smuggling from covered foreign 

countries to the United States-Mexico border. 

Sec. 103. Prioritization of intelligence resources for covered foreign countries. 

Sec. 104. Resolving intelligence sharing and cooperation agreements. 

Sec. 105. Review of Mexico and United States bilateral cooperation. 

Sec. 106. Designation of certain drug cartels as Special Transnational Criminal 

Organization. 

Sec. 107. Monthly Department of Homeland Security reports on migrants. 

Sec. 108. Definitions. 

TITLE II—ELIMINATING FUNDING FOR CARTEL SAFE HARBOR 

JURISDICTIONS 

Sec. 201. Ineligibility for Federal grants of certain jurisdictions that violate the 

immigration laws. 

TITLE III—TARGETING CARTEL HUMAN TRAFFICKING AT THE 

BORDER 

Sec. 301. Ending family separation and protection of minors. 

Sec. 302. Stopping asylum fraud. 

Sec. 303. Hiring authority. 

Sec. 304. Refugee application and processing centers. 

TITLE IV—REPURPOSING FEDERAL DRUG PROGRAMS 

Sec. 401. Reauthorization of block grants for prevention and treatment of substance abuse. 

Sec. 402. Offsetting repeals. 


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1 TITLE I—PRIORITIZING INTEL2 LIGENCE GATHERING ON 

3 DRUG TRAFFICKING ORGANI4 ZATIONS 

5 SEC. 101. ASSESSMENT OF ACTIVITIES BY DRUG TRAF6 FICKING ORGANIZATIONS IN COVERED FOR7 EIGN COUNTRIES. 

8 (a) REPORT.—Not later than 60 days after the date 

9 of the enactment of this Act, the Director of National In10 telligence, in coordination with the Chief of Intelligence 

11 of the Drug Enforcement Administration and the Assist12 ant Secretary of State for Intelligence and Research, shall 

13 submit to the appropriate congressional committees a re14 port containing an analytical assessment of the activities 

15 of drug trafficking organizations in covered foreign coun16 tries. Such assessment shall include, at a minimum— 

17 (1) an assessment of the effect of drug traf18 ficking organizations on the security and economic 

19 situation in covered foreign countries; 

20 (2) an assessment of the effect of the activities 

21 of drug trafficking organizations on the migration of 

22 persons from covered foreign countries to the United 

23 States-Mexico border; 

24 (3) a summary of any relevant activities by ele25 ments of the intelligence community in relation to 


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1 drug trafficking organizations in covered foreign 

2 countries and Mexico; 

3 (4) a summary of key methods and routes used 

4 by drug trafficking organizations in covered foreign 

5 countries and Mexico to the United States; 

6 (5) an assessment of the intersection between 

7 the activities of drug trafficking organizations, 

8 human traffickers and human smugglers, and other 

9 organized criminal groups in covered foreign coun10 tries; and 

11 (6) an assessment of the illicit funds and finan12 cial transactions that support the activities of drug 

13 trafficking organizations and connected criminal en14 terprises in covered foreign countries. 

15 (b) FORM.—The report required by subsection (a) 

16 may be submitted in classified form, but if so submitted, 

17 shall contain an unclassified summary. 

18 (c) AVAILABILITY.—The report under subsection (a), 

19 or the unclassified summary of the report described in 

20 subsection (b), shall be made publicly available. 


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1 SEC. 102. ASSESSMENT OF HUMAN TRAFFICKING AND 

2 SMUGGLING FROM COVERED FOREIGN 

3 COUNTRIES TO THE UNITED STATES-MEXICO 

4 BORDER. 

5 (a) REPORT REQUIRED.—Not later than 60 days 

6 after the date of the enactment of this Act, the Director 

7 of National Intelligence, in coordination with the Under 

8 Secretary of Homeland Security for Intelligence and Anal9 ysis and the Assistant Secretary of State for Intelligence 

10 and Research, shall submit to the appropriate congres11 sional committees a report containing an analytical assess12 ment of human trafficking and human smuggling by indi13 viduals and organizations in covered foreign countries. 

14 Such assessment shall include, at a minimum— 

15 (1) an assessment of the effect of human traf16 ficking and human smuggling on the security and 

17 economic situation in covered foreign countries; 

18 (2) a summary of any relevant activities by ele19 ments of the intelligence community in relation to 

20 human trafficking and human smuggling in covered 

21 foreign countries; 

22 (3) an assessment of the methods and routes 

23 used by human traffickers and human smuggler or24 ganizations to move persons from covered foreign 

25 countries to the United States-Mexico border; 


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1 (4) an assessment of the intersection between 

2 the activities of human traffickers and human smug3 glers, drug trafficking organizations, and other orga4 nized criminal groups in covered foreign countries; 

5 and 

6 (5) an assessment of the illicit funds and finan7 cial transactions that support the activities of 

8 human traffickers and human smugglers and con9 nected criminal enterprises in covered foreign coun10 tries. 

11 (b) FORM.—The report required by subsection (a) 

12 may be submitted in classified form, but if so submitted, 

13 shall contain an unclassified summary. 

14 (c) AVAILABILITY.—The report under subsection (a), 

15 or the unclassified summary of the report described in 

16 subsection (b), shall be made publicly available. 

17 SEC. 103. PRIORITIZATION OF INTELLIGENCE RESOURCES 

18 FOR COVERED FOREIGN COUNTRIES. 

19 (a) REVIEW OF INTELLIGENCE COMMUNITY EF20 FORTS IN COVERED FOREIGN COUNTRIES.—The Director 

21 of National Intelligence, in coordination with the Under 

22 Secretary of Homeland Security for Intelligence and Anal23 ysis, the Assistant Secretary of State for Intelligence and 

24 Research, the Chief of Intelligence of the Drug Enforce25 ment Administration, and other appropriate officials in 


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1 the intelligence community, shall carry out a comprehen2 sive review of the current intelligence collection priorities 

3 of the intelligence community for covered foreign countries 

4 in order to identify whether such priorities are appropriate 

5 and sufficient in light of the threat posed by the activities 

6 of drug trafficking organizations and human traffickers 

7 and human smugglers to the security of the United States 

8 and the Western Hemisphere. 

9 (b) REPORTS.— 

10 (1) REPORT ON INITIAL REVIEW.—Not later 

11 than 120 days after the date of the enactment of 

12 this Act, the Director of National Intelligence shall 

13 submit to the congressional intelligence committees a 

14 comprehensive description of the results of the re15 view required by subsection (a), including whether 

16 the priorities described in that subsection are appro17 priate and sufficient in light of the threat posed by 

18 the activities of drug trafficking organizations and 

19 human traffickers and human smugglers to the secu20 rity of the United States and the Western Hemi21 sphere. If the report concludes that such priorities 

22 are not so appropriate and sufficient, the report 

23 shall also include a description of the actions to be 

24 taken to modify such priorities in order to assure 

25 that such priorities are so appropriate and sufficient. 


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1 (2) QUARTERLY REPORTS.—Not later than 90 

2 days after the date on which the report under para3 graph (1) is submitted, and every 90 days thereafter 

4 for a 5-year period, the Director of National Intel5 ligence shall submit to the congressional intelligence 

6 committees a report on the intelligence community’s 

7 collection priorities and activities in covered foreign 

8 countries with a focus on the threat posed by the ac9 tivities of drug trafficking organizations and human 

10 traffickers and human smugglers to the security of 

11 the United States and the Western Hemisphere. The 

12 first report under this paragraph shall also include 

13 a description of the amount of funds expended by 

14 the intelligence community to the efforts described 

15 in subsection (a) during each of fiscal years 2021 

16 and 2022. 

17 (c) FORM.—The reports required by subsection (b) 

18 may be submitted in classified form, but if so submitted, 

19 shall contain an unclassified summary. 

20 SEC. 104. RESOLVING INTELLIGENCE SHARING AND CO21 OPERATION AGREEMENTS. 

22 None of the amounts appropriated to the Department 

23 of State to combat the threats of drug trafficking, 

24 transnational organized crime, and money laundering or 

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1 national Development may be made available to the Mexi2 can federal government or its subsidiaries until the Sec3 retary of State certifies to Congress that Mexico has re4 moved all barriers to bilateral cooperation created after 

5 December 2020 that have hindered law enforcement co6 operation and intelligence-sharing between United States 

7 and Mexican law enforcement agencies, including the im8 plementation of the Foreign Agents law and the limits 

9 that have been placed on issuing visas to United States 

10 law enforcement personnel. 

11 SEC. 105. REVIEW OF MEXICO AND UNITED STATES BILAT12 ERAL COOPERATION. 

13 (a) PLAN TO REESTABLISH BILATERAL SECURITY

14 MEETINGS.—Not later than 60 days after the date of the 

15 enactment of this Act, the Secretary of State, in consulta16 tion with the heads of other relevant Federal departments 

17 and agencies, shall submit to the appropriate congres18 sional committees a plan and timeline to reestablish reg19 ular bilateral security meetings between appropriate high20 level and working-level officials of the Governments of the 

21 United States and Mexico that serve as a forum to align 

22 and reconcile priorities between the United States and 

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1 operation at the Federal, State, and local levels with 

2 United States goals for assistance. 

3 (b) COMPREHENSIVE REVIEW.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary of State and the Administrator of the United States 

6 Agency for International Development, in consultation 

7 with the heads of other relevant Federal departments and 

8 agencies, shall submit a report to appropriate congres9 sional committees that— 

10 (1) provides a review of programs, projects, and 

11 activities implemented as part of either the Merida 

12 Initiative or The Bicentennial Framework; and 

13 (2) includes— 

14 (A) evaluations, assessments, or other 

15 analyses, as appropriate; 

16 (B) successes, challenges, and lessons 

17 learned in achieving program outcomes and 

18 United States policy goals; 

19 (C) recommendations to change investment 

20 levels in specific projects; and 

21 (D) to the extent practicable, an assess22 ment of the effect, if any, of Mexico’s Foreign 

23 Agents law on bilateral security cooperation 

24 with the Department of State, the United 


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1 States Agency for International Development, 

2 and the Department of Justice. 

3 SEC. 106. DESIGNATION OF CERTAIN DRUG CARTELS AS 

4 SPECIAL TRANSNATIONAL CRIMINAL ORGA5 NIZATION. 

6 (a) DESIGNATION.— 

7 (1) IN GENERAL.—The Secretary is authorized 

8 to designate an organization as a foreign Special 

9 Transnational Criminal Organization in accordance 

10 with this subsection if the Secretary finds that— 

11 (A) the organization is a foreign organiza12 tion; 

13 (B) the organization is a self-perpetuating 

14 association of individuals who operate 

15 transnationally for the purpose of obtaining 

16 power, influence, monetary, or commercial 

17 gains, wholly or in part by illegal means, while 

18 protecting their activities through a pattern of 

19 corruption or violence or through a 

20 transnational organization structure and the ex21 ploitation of transnational commerce or commu22 nication mechanisms; and 

23 (C) the organization threatens the security 

24 of United States nationals or the national secu25 rity of the United States. 


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1 (2) PROCEDURE.— 

2 (A) NOTICE.— 

3 (i) TO CONGRESSIONAL LEADERS.— 

4 Seven days before making a designation 

5 under this subsection, the Secretary shall, 

6 by classified communication, notify the 

7 Speaker and minority leader of the House 

8 of Representatives, the President pro tem9 pore, majority leader, and minority leader 

10 of the Senate, and the members of the rel11 evant committees of the House of Rep12 resentatives and the Senate, in writing, of 

13 the intent to designate an organization 

14 under this subsection, together with the 

15 findings made under paragraph (1) with 

16 respect to that organization, and the fac17 tual basis therefor. 

18 (ii) PUBLICATION IN FEDERAL REG19 ISTER.—The Secretary shall publish the 

20 designation in the Federal Register seven 

21 days after providing the notification under 

22 clause (i). 

23 (B) EFFECT OF DESIGNATION.—For pur24 poses of section 2339B of title 18, United 

25 States Code— 


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1 (i) an organization designated as a 

2 foreign Special Transnational Criminal Or3 ganization shall be treated as an organiza4 tion subject to such section for purposes of 

5 such section; and 

6 (ii) a designation under this sub7 section shall take effect for such purposes 

8 upon publication under subparagraph 

9 (A)(ii). 

10 (C) FREEZING OF ASSETS.—Upon notifica11 tion under paragraph (2)(A)(i), the Secretary of 

12 the Treasury may require United States finan13 cial institutions possessing or controlling any 

14 assets of any foreign organization included in 

15 the notification to block all financial trans16 actions involving those assets until further di17 rective from either the Secretary of the Treas18 ury, Act of Congress, or order of court. 

19 (3) RECORD.— 

20 (A) IN GENERAL.—In making a designa21 tion under this subsection, the Secretary shall 

22 create an administrative record. 

23 (B) CLASSIFIED INFORMATION.—The Sec24 retary may consider classified information in 

25 making a designation under this subsection. 


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1 Classified information shall not be subject to 

2 disclosure for such time as it remains classified, 

3 except that such information may be disclosed 

4 to a court ex parte and in camera for purposes 

5 of judicial review under subsection (c). 

6 (4) PERIOD OF DESIGNATION.— 

7 (A) IN GENERAL.—A designation under 

8 this subsection shall be effective until revoked 

9 under paragraph (5) or (6) or set aside pursu10 ant to subsection (c). 

11 (B) REVIEW OF DESIGNATION UPON PETI12 TION.— 

13 (i) IN GENERAL.—The Secretary shall 

14 review the designation of a foreign Special 

15 Transnational Criminal Organization 

16 under the procedures set forth in clauses 

17 (iii) and (iv) if the designated organization 

18 files a petition for revocation within the pe19 tition period described in clause (ii). 

20 (ii) PETITION PERIOD.—For purposes 

21 of clause (i)— 

22 (I) if the designated organization 

23 has not previously filed a petition for 

24 revocation under this subparagraph, 

25 the petition period begins 2 years 


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1 after the date on which the designa2 tion was made; or 

3 (II) if the designated organiza4 tion has previously filed a petition for 

5 revocation under this subparagraph, 

6 the petition period begins 2 years 

7 after the date of the determination 

8 made under clause (iv) on that peti9 tion. 

10 (iii) PROCEDURES.—Any foreign Spe11 cial Transnational Criminal Organization 

12 that submits a petition for revocation 

13 under this subparagraph must provide evi14 dence in that petition that the relevant cir15 cumstances described in paragraph (1) are 

16 sufficiently different from the cir17 cumstances that were the basis for the des18 ignation such that a revocation with re19 spect to the organization is warranted. 

20 (iv) DETERMINATION.— 

21 (I) IN GENERAL.—Not later than 

22 180 days after receiving a petition for 

23 revocation submitted under this sub24 paragraph, the Secretary shall make a 

25 determination as to such revocation. 


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1 (II) CLASSIFIED INFORMA2 TION.—The Secretary may consider 

3 classified information in making a de4 termination in response to a petition 

5 for revocation. Classified information 

6 shall not be subject to disclosure for 

7 such time as it remains classified, ex8 cept that such information may be 

9 disclosed to a court ex parte and in 

10 camera for purposes of judicial review 

11 under subsection (c). 

12 (III) PUBLICATION OF DETER13 MINATION.—A determination made by 

14 the Secretary under this clause shall 

15 be published in the Federal Register. 

16 (IV) PROCEDURES.—Any revoca17 tion by the Secretary shall be made in 

18 accordance with paragraph (6). 

19 (C) OTHER REVIEW OF DESIGNATION.— 

20 (i) IN GENERAL.—If the Secretary de21 termines that a 5-year period has elasped 

22 since the designation without a review hav23 ing taken place under subparagraph (B), 

24 the Secretary shall review the designation 

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1 nal Organization in order to determine 

2 whether such designation should be re3 voked pursuant to paragraph (6). 

4 (ii) PROCEDURES.—If a review does 

5 not take place pursuant to subparagraph 

6 (B) in response to a petition for revocation 

7 that is filed in accordance with that sub8 paragraph, then the review shall be con9 ducted pursuant to procedures established 

10 by the Secretary. The results of such re11 view and the applicable procedures shall 

12 not be reviewable in any court. 

13 (iii) PUBLICATION OF RESULTS OF

14 REVIEW.—The Secretary shall publish any 

15 determination made pursuant to this sub16 paragraph in the Federal Register. 

17 (5) REVOCATION BY ACT OF CONGRESS.—The 

18 Congress, by an Act of Congress, may block or re19 voke a designation made under paragraph (1). 

20 (6) REVOCATION BASED ON CHANGE IN CIR21 CUMSTANCES.— 

22 (A) IN GENERAL.—The Secretary may re23 voke a designation made under paragraph (1) 

24 at any time, and shall revoke a designation 

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1 ant to subparagraphs (B) and (C) of paragraph 

2 (4) if the Secretary finds that— 

3 (i) the circumstances that were the 

4 basis for the designation have changed in 

5 such a manner as to warrant revocation; or 

6 (ii) the national security of the United 

7 States warrants a revocation. 

8 (B) PROCEDURE.—The procedural require9 ments of paragraphs (2) and (3) shall apply to 

10 a revocation under this paragraph. Any revoca11 tion shall take effect on the date specified in 

12 the revocation or upon publication in the Fed13 eral Register if no effective date is specified. 

14 (7) EFFECT OF REVOCATION.—The revocation 

15 of a designation under paragraph (5) or (6) shall 

16 not affect any action or proceeding based on conduct 

17 occurring prior to the effective date of such revoca18 tion. 

19 (8) USE OF DESIGNATION IN TRIAL OR HEAR20 ING.—If a designation under this subsection has be21 come effective under paragraph (2)(B) a defendant 

22 in a criminal action or an alien in a removal pro23 ceeding shall not be permitted to raise any question 

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1 ignation as a defense or an objection at any trial or 

2 hearing. 

3 (b) AMENDMENTS TO A DESIGNATION.— 

4 (1) IN GENERAL.—The Secretary may amend a 

5 designation under this subsection if the Secretary 

6 finds that the organization has changed its name, 

7 adopted a new alias, dissolved and then reconsti8 tuted itself under a different name or names, or 

9 merged with another organization. 

10 (2) PROCEDURE.—Amendments made to a des11 ignation in accordance with paragraph (1) shall be 

12 effective upon publication in the Federal Register. 

13 Subparagraphs (B) and (C) of subsection (a)(2) 

14 shall apply to an amended designation upon such 

15 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 

16 and (8) of subsection (a) shall also apply to an 

17 amended designation. 

18 (3) ADMINISTRATIVE RECORD.—The adminis19 trative record shall be corrected to include the 

20 amendments as well as any additional relevant infor21 mation that supports those amendments. 

22 (4) CLASSIFIED INFORMATION.—The Secretary 

23 may consider classified information in amending a 

24 designation in accordance with this subsection. Clas25 sified information shall not be subject to disclosure 


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1 for such time as it remains classified, except that 

2 such information may be disclosed to a court ex 

3 parte and in camera for purposes of judicial review 

4 under subsection (c). 

5 (c) JUDICIAL REVIEW OF DESIGNATION.— 

6 (1) IN GENERAL.—Not later than 30 days after 

7 publication in the Federal Register of a designation, 

8 an amended designation, or a determination in re9 sponse to a petition for revocation, the designated 

10 organization may seek judicial review in the United 

11 States Court of Appeals for the District of Columbia 

12 Circuit. 

13 (2) BASIS OF REVIEW.—Review under this sub14 section shall be based solely upon the administrative 

15 record, except that the Government may submit, for 

16 ex parte and in camera review, classified information 

17 used in making the designation, amended designa18 tion, or determination in response to a petition for 

19 revocation. 

20 (3) SCOPE OF REVIEW.—The Court shall hold 

21 unlawful and set aside a designation, amended des22 ignation, or determination in response to a petition 

23 for revocation the court finds to be— 


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1 (A) arbitrary, capricious, an abuse of dis2 cretion, or otherwise not in accordance with 

3 law; 

4 (B) contrary to constitutional right, power, 

5 privilege, or immunity; 

6 (C) in excess of statutory jurisdiction, au7 thority, or limitation, or short of statutory 

8 right; 

9 (D) lacking substantial support in the ad10 ministrative record taken as a whole or in clas11 sified information submitted to the court under 

12 paragraph (2); or 

13 (E) not in accord with the procedures re14 quired by law. 

15 (4) JUDICIAL REVIEW INVOKED.—The pend16 ency of an action for judicial review of a designation, 

17 amended designation, or determination in response 

18 to a petition for revocation shall not affect the appli19 cation of this section, unless the court issues a final 

20 order setting aside the designation, amended des21 ignation, or determination in response to a petition 

22 for revocation. 

23 (d) DEFINITIONS.—As used in this section— 


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1 (1) the term ‘‘classified information’’ has the 

2 meaning given that term in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.); 

4 (2) the term ‘‘national security’’ means the na5 tional defense, foreign relations, or economic inter6 ests of the United States; 

7 (3) the term ‘‘foreign organization’’ includes a 

8 group of persons or an organization whose leader9 ship is primarily based in a country outside of the 

10 United States; 

11 (4) the term ‘‘relevant committees’’ means the 

12 Committees on the Judiciary, Intelligence, and For13 eign Relations of the Senate and the Committees on 

14 the Judiciary, Intelligence, and International Rela15 tions of the House of Representatives; and 

16 (5) the term ‘‘Secretary’’ means the Secretary 

17 of State, in consultation with the Secretary of the 

18 Treasury and the Attorney General. 

19 (e) DESIGNATION.—The Secretary shall designate 

20 the following organizations as Special Transnational 

21 Criminal Organizations: 

22 (1) Sinaloa Cartel. 

23 (2) Jalisco New Generation Cartel. 

24 (3) Beltran-Leyva Organization. 

25 (4) Cartel del Noreste and Los Zetas. 


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1 (5) Guerreros Unidos. 

2 (6) Gulf Cartel. 

3 (7) Juarez Cartel and La Linea. 

4 (8) La Familia Michoacana. 

5 (9) Los Rojos. 

6 SEC. 107. MONTHLY DEPARTMENT OF HOMELAND SECU7 RITY REPORTS ON MIGRANTS. 

8 Not later than the fifteenth day of the second full 

9 month after the date of the enactment of this Act and 

10 not later than the fifteenth day of each month thereafter, 

11 the Secretary of Homeland Security, acting through the 

12 Commissioner of U.S. Customs and Border Protection 

13 (CBP), shall submit to the Committee on Homeland Secu14 rity of the House of Representatives and the Committee 

15 on Homeland Security and Governmental Affairs of the 

16 Senate a report relating to migrants. Each such report 

17 shall cover the period of the immediately preceding month, 

18 and include information relating to the following: 

19 (1) The total number of U.S. Border Patrol ap20 prehensions. 

21 (2) The total number of inadmissible aliens en22 countered by the Office of Field Operations (OFO) 

23 of CBP. 


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1 (3) The total number of migrants (including ap2 prehensions and inadmissibles under paragraphs (1) 

3 and (2), respectively) voluntarily returned to Mexico. 

4 (4) The total number of migrants placed into 

5 expedited removal pursuant to section 235(b)(1) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1225(b)(1)). 

8 (5) The total number of migrants placed into 

9 expedited removal who claimed credible fear pursu10 ant to section 235(b)(1)(A)(ii) of the Immigration 

11 and Nationality Act (8 U.S.C. 1225(b)(1)(A)(ii)). 

12 (6) The total number of migrants placed into 

13 expedited removal who claimed credible fear pursu14 ant to such section who received a positive deter15 mination relating thereto. 

16 (7) The total number of migrants who were de17 tained by CBP. 

18 (8) The total number of migrants whose deten19 tion was transferred by CBP to U.S. Immigration 

20 and Customs Enforcement (ICE). 

21 (9) The total number of migrants paroled into 

22 the United States pursuant to section 212(d)(5)(A) 

23 of the Immigration and Nationality Act (8 U.S.C. 

24 1182(d)(5)(A)). 


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1 (10) The total number of migrants released on 

2 bond into the United States pursuant to section 

3 236(a)(2)(A) of the Immigration and Nationality 

4 Act (8 U.S.C. 1226(a)(2)(A)). 

5 (11) The total number of migrants released on 

6 their own recognizance into the United States pursu7 ant to section 236(a)(2)(B) of the Immigration and 

8 Nationality Act (8 U.S.C. 1226(a)(2)(B)) or any 

9 other provision of such Act. 

10 (12) The total number of migrants released on 

11 conditional parole into the United States pursuant 

12 to section 236(a)(2)(B) of the Immigration and Na13 tionality Act (8 U.S.C. 1226(a)(2)(B)). 

14 (13) The total number of migrants released on 

15 any other ground, including specifications of which 

16 such grounds, into the United States. 

17 (14) The total number of migrants issued a No18 tice to Appear. 

19 (15) The total number of migrants issued a No20 tice to Report. 

21 (16) The total number of migrants released into 

22 the United States to appear at an ICE Field Office. 

23 (17) The total number of migrants released into 

24 the United States to appear at an ICE Field Office 

25 who failed to appear. 


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1 (18) The total number of migrants released into 

2 the United States to check-in at an ICE Field Of3 fice, whose appearance was waived. 

4 (19) The total number of migrants issued a No5 tice to Appear who failed to appear at an Initial 

6 Master Calendar hearing. 

7 (20) The total number of migrants issued a No8 tice to Appear who failed to appear at an initial 

9 Master Calendar hearing who were ordered removed 

10 from the United States. 

11 SEC. 108. DEFINITIONS. 

12 In this title: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Affairs, the 

17 Committee on Homeland Security, and the Per18 manent Select Committee on Intelligence of the 

19 House of Representatives; and 

20 (B) the Committee on Foreign Relations, 

21 the Committee on Homeland Security and Gov22 ernmental Affairs, and the Select Committee on 

23 Intelligence of the Senate. 

24 (2) CONGRESSIONAL INTELLIGENCE COMMIT25 TEES.—The term ‘‘congressional intelligence comVerDate Sep 11 2014 00:47 Feb 11, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H597.IH H597

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1 mittees’’ means the Permanent Select Committee on 

2 Intelligence of the House of Representatives and the 

3 Select Committee on Intelligence of the Senate. 

4 (3) COVERED FOREIGN COUNTRIES.—The term 

5 ‘‘covered foreign countries’’ means Mexico, Guate6 mala, Honduras, Nicaragua, El Salvador, Costa 

7 Rica, Panama, Belize, Argentina, Bolivia, Brazil, 

8 Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, 

9 Suriname, Uruguay, and Venezuela. 

10 (4) HUMAN TRAFFICKING.—The term ‘‘human 

11 trafficking’’ has the meaning given the term ‘‘severe 

12 forms of trafficking in persons’’ by section 103 of 

13 the Victims of Trafficking and Violence Protection 

14 Act of 2000 (22 U.S.C. 7102). 

15 (5) INTELLIGENCE COMMUNITY.—The term 

16 ‘‘intelligence community’’ has the meaning given 

17 that term in section 3 of the National Security Act 

18 of 1947 (50 U.S.C. 3003). 


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1 TITLE II—ELIMINATING FUND2 ING FOR CARTEL SAFE HAR3 BOR JURISDICTIONS 

4 SEC. 201. INELIGIBILITY FOR FEDERAL GRANTS OF CER5 TAIN JURISDICTIONS THAT VIOLATE THE IM6 MIGRATION LAWS. 

7 (a) INELIGIBLE JURISDICTIONS.—A State or unit of 

8 local government is an ineligible jurisdiction for purposes 

9 of this section if that State or unit of local government— 

10 (1) violates section 642 of the Illegal Immigra11 tion Reform and Immigrant Responsibility Act of 

12 1996 (8 U.S.C. 1373); 

13 (2) otherwise restricts compliance with a de14 tainer issued by the Secretary of Homeland Secu15 rity; or 

16 (3) has any law or policy in effect that violates 

17 the immigration laws. 

18 (b) ANNUAL DETERMINATION OF INELIGIBLE JURIS19 DICTIONS.—Not later than 1 year after the date of the 

20 enactment of this Act, and annually thereafter, the Sec21 retary of Homeland Security shall make a determination 

22 as to whether each State or unit of local government is 

23 an ineligible jurisdiction under subsection (a) and submit 

24 such determinations to Congress. 


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1 (c) PROHIBITION ON FEDERAL FINANCIAL ASSIST2 ANCE.—A State or unit of local government that is deter3 mined to be an ineligible jurisdiction may not receive any 

4 Federal financial assistance (as such term is defined in 

5 section 7501(a)(5) of title 31, United States Code) for the 

6 fiscal year following any fiscal year in which the Secretary 

7 of Homeland Security determines that the State or unit 

8 of local government is an ineligible jurisdiction under sub9 section (b). 

10 TITLE III—TARGETING CARTEL 

11 HUMAN TRAFFICKING AT THE 

12 BORDER 

13 SEC. 301. ENDING FAMILY SEPARATION AND PROTECTION 

14 OF MINORS. 

15 (a) PROMOTING FAMILY UNITY.—Section 235 of the 

16 William Wilberforce Trafficking Victims Protection Reau17 thorization Act of 2008 (8 U.S.C. 1232) is amended by 

18 adding at the end the following: 

19 ‘‘(j) PROMOTING FAMILY UNITY.— 

20 ‘‘(1) DETENTION OF ALIEN MINORS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law, judicial determination, 

23 consent decree, or settlement agreement, the 

24 Secretary of Homeland Security may detain any 

25 alien minor (other than an unaccompanied alien 


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1 child) who is inadmissible to the United States 

2 under section 212(a) of the Immigration and 

3 Nationality Act (8 U.S.C. 1182(a)) or remov4 able from the United States under section 

5 237(a) of that Act (8 U.S.C. 1227(a)) pending 

6 the completion of removal proceedings, regard7 less of whether the alien minor was previously 

8 an unaccompanied alien child. 

9 ‘‘(B) PRIORITY REMOVAL CASES.—The At10 torney General shall— 

11 ‘‘(i) prioritize the removal proceedings 

12 of an alien minor, or a family unit that in13 cludes an alien minor, detained under sub14 paragraph (A); and 

15 ‘‘(ii) set a case completion goal of not 

16 more than 100 days for such proceedings. 

17 ‘‘(C) DETENTION AND RELEASE DECI18 SIONS.—The decision to detain or release an 

19 alien minor described in subparagraph (A)— 

20 ‘‘(i) shall be governed solely by sec21 tions 212(d)(5), 217, 235, 236, and 241 of 

22 the Immigration and Nationality Act (8 

23 U.S.C. 1182(d)(5), 1187, 1225, 1226, and 

24 1231) and implementing regulations or 

25 policies; and 


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1 ‘‘(ii) shall not be governed by stand2 ards, requirements, restrictions, or proce3 dures contained in a judicial decree or set4 tlement relating to the authority to detain 

5 or release alien minors. 

6 ‘‘(2) CONDITIONS OF DETENTION.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other provision of law, judicial determination, 

9 consent decree, or settlement agreement, the 

10 Secretary of Homeland Security shall deter11 mine, in the sole discretion of the Secretary, the 

12 conditions of detention applicable to an alien 

13 minor described in paragraph (1)(A) regardless 

14 of whether the alien minor was previously an 

15 unaccompanied alien child. 

16 ‘‘(B) NO JUDICIAL REVIEW.—A determina17 tion under subparagraph (A) shall not be sub18 ject to judicial review. 

19 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

20 this section— 

21 ‘‘(A) affects the eligibility for bond or pa22 role of an alien; or 

23 ‘‘(B) limits the authority of a court to hear 

24 a claim arising under the Constitution of the 

25 United States. 


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1 ‘‘(4) PREEMPTION OF STATE LICENSING RE2 QUIREMENTS.—Notwithstanding any other provision 

3 of law, judicial determination, consent decree, or set4 tlement agreement, a State may not require an im5 migration detention facility used to detain families 

6 consisting of one or more children who have not at7 tained 18 years of age and the parents or legal 

8 guardians of such children, that is located in the 

9 State, to be licensed by the State or any political 

10 subdivision thereof. 

11 ‘‘(5) CONDITIONS OF CUSTODY.—The Secretary 

12 of Homeland Security shall ensure that each— 

13 ‘‘(A) family residential facility is secure 

14 and safe; and 

15 ‘‘(B) alien child and accompanying parent 

16 at a family residential facility has— 

17 ‘‘(i) suitable living accommodations; 

18 ‘‘(ii) access to drinking water and 

19 food; 

20 ‘‘(iii) timely access to medical assist21 ance, including mental health assistance; 

22 and 

23 ‘‘(iv) access to any other service nec24 essary for the adequate care of a minor 

25 child. 


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1 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this subsection. 

4 ‘‘(k) APPLICABILITY OF CONSENT DECREES, SET5 TLEMENTS, AND JUDICIAL DETERMINATIONS.— 

6 ‘‘(1) FLORES SETTLEMENT AGREEMENT INAP7 PLICABLE.—Any conduct or activity that was, before 

8 the date of the enactment of this subsection, subject 

9 to any restriction or obligation imposed by the stipu10 lated settlement agreement filed on January 17, 

11 1997, in the United States District Court for the 

12 Central District of California in Flores v. Reno, CV 

13 85–4544–RJK, (commonly known as the ‘Flores set14 tlement agreement’), or imposed by any amendment 

15 of that agreement or judicial determination based on 

16 that agreement— 

17 ‘‘(A) shall be subject to the restrictions 

18 and obligations in subsection (j) or imposed by 

19 the William Wilberforce Trafficking Victims 

20 Protection Reauthorization Act of 2008 (Public 

21 Law 110–457); and 

22 ‘‘(B) shall not be subject to the restrictions 

23 and the obligations imposed by such settlement 

24 agreement or judicial determination. 


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1 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR

2 CONSENT DECREES.—In any civil action with respect 

3 to the conditions of detention of alien children, the 

4 court shall not enter or approve a settlement agree5 ment or consent decree unless it complies with the 

6 limitations set forth in subsection (j).’’. 

7 SEC. 302. STOPPING ASYLUM FRAUD. 

8 (a) STANDARDS TO DETER FRAUD AND ADVANCE

9 MERITORIOUS ASYLUM CLAIMS.—Section 235(b)(1)(B) of 

10 the Immigration and Nationality Act (8 U.S.C. 

11 1225(b)(1)(B)) is amended— 

12 (1) by amending clause (v) to read as follows: 

13 ‘‘(v) CREDIBLE FEAR OF PERSECU14 TION.— 

15 ‘‘(I) IN GENERAL.—For purposes 

16 of this subparagraph, the term ‘cred17 ible fear of persecution’ means that it 

18 is more likely than not that the alien 

19 would be able to establish eligibility 

20 for asylum under section 208— 

21 ‘‘(aa) taking into account 

22 such facts as are known to the 

23 officer; and 

24 ‘‘(bb) only if the officer has 

25 determined, under subsection 


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1 (b)(1)(B)(iii) of such section, 

2 that it is more likely than not 

3 that the statements made by the 

4 alien or on behalf of the alien are 

5 true. 

6 ‘‘(II) BARS TO ASYLUM.—An 

7 alien shall not be determined to have 

8 a credible fear of persecution if the 

9 alien is prohibited from applying for 

10 or receiving asylum, including an alien 

11 subject to a limitation or condition 

12 under subsection (a)(2) or (b)(2) (in13 cluding a regulation promulgated 

14 under such subsection) of section 

15 208.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

18 ‘‘(I) CREDIBLE FEAR REVIEW BY

19 IMMIGRATION JUDGE.—An alien de20 termined to have a credible fear of 

21 persecution shall be referred to an im22 migration judge for review of such de23 termination, which shall be limited to 

24 a determination whether the alien— 


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1 ‘‘(aa) is eligible for asylum 

2 under section 208, withholding of 

3 removal under section 241(b)(3), 

4 or protection under the Conven5 tion Against Torture and Other 

6 Cruel, Inhuman or Degrading 

7 Treatment or Punishment, done 

8 at New York, December 10, 1984 

9 (referred to in this clause as the 

10 ‘Convention Against Torture)’; 

11 and 

12 ‘‘(bb) merits a grant of asy13 lum in the exercise of discretion. 

14 ‘‘(II) ALIENS WITH REASONABLE

15 FEAR OF PERSECUTION.— 

16 ‘‘(aa) IN GENERAL.—Except 

17 as provided in item (bb), if an 

18 alien referred under subpara19 graph (A)(ii) is determined to 

20 have a reasonable fear of perse21 cution or torture, the alien shall 

22 be eligible only for consideration 

23 of an application for withholding 

24 of removal under section 


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1 241(b)(3) or protection under the 

2 Convention Against Torture. 

3 ‘‘(bb) EXCEPTION.—An 

4 alien shall not be eligible for con5 sideration of an application for 

6 relief under item (aa) if the fail7 ure of the alien to establish a 

8 credible fear of persecution pre9 cludes the alien from eligibility 

10 for such relief. 

11 ‘‘(cc) LIMITATION.—An 

12 alien whose application for relief 

13 is adjudicated under item (aa) 

14 shall not be eligible for any other 

15 form of relief or protection from 

16 removal. 

17 ‘‘(vii) INELIGIBILITY FOR REMOVAL

18 PROCEEDINGS.—An alien referred under 

19 subparagraph (A)(ii) shall not be eligible 

20 for a hearing under section 240.’’. 

21 (b) AUTHORITY FOR CERTAIN ALIENS TO APPLY

22 FOR ASYLUM.—Section 208(a)(2) of the Immigration and 

23 Nationality Act (8 U.S.C. 1158(a)(2)) is amended by add24 ing at the end the following: 

25 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of law, including para3 graph (1), except as provided in clause (ii), 

4 an alien is ineligible for asylum if the 

5 alien— 

6 ‘‘(I) has been convicted of a fel7 ony; 

8 ‘‘(II) is inadmissible under sec9 tion 212(a) (except paragraphs (4), 

10 (5), and (7)); 

11 ‘‘(III) has been previously re12 moved from the United States; or 

13 ‘‘(IV) is a national or habitual 

14 resident of— 

15 ‘‘(aa) a country in Central 

16 America that has a refugee appli17 cation and processing center; or 

18 ‘‘(bb) a country contiguous 

19 to such a country (other than 

20 Mexico). 

21 ‘‘(ii) EXCEPTION.—Notwithstanding 

22 clause (i), paragraph (1) shall not apply to 

23 any alien who is present in the United 

24 States on the date of the enactment of this 

25 subparagraph.’’. 


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1 SEC. 303. HIRING AUTHORITY. 

2 (a) IMMIGRATION JUDGES.—The Attorney General 

3 shall increase— 

4 (1) the number of immigration judges by not 

5 fewer than an additional 500 judges, as compared to 

6 the number of immigration judges as of the date of 

7 the enactment of this Act; and 

8 (2) the corresponding number of support staff, 

9 as necessary. 

10 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT11 TORNEYS.—The Director of U.S. Immigration and Cus12 toms Enforcement shall increase the number of attorneys 

13 and staff employed by U.S. Immigration and Customs En14 forcement by the number that is consistent with the work15 load staffing model to support the increase in immigration 

16 judges. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

19 necessary for— 

20 (1) the hiring of immigration judges, support 

21 staff, and U.S. Immigration and Customs Enforce22 ment attorneys under this section; and 

23 (2) the lease, purchase, or construction of facili24 ties or equipment (including video teleconferencing 

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1 migration cases), and the transfer of federally owned 

2 temporary housing units to serve as facilities, for— 

3 (A) the increased number of immigration 

4 judges, attorneys, and support staff under this 

5 section; and 

6 (B) conducting immigration court pro7 ceedings in close proximity to the locations at 

8 which aliens are apprehended and detained. 

9 SEC. 304. REFUGEE APPLICATION AND PROCESSING CEN10 TERS. 

11 (a) DEFINITION.—Section 101(a) of the Immigration 

12 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

13 adding at the end the following: 

14 ‘‘(53) The term ‘refugee application and proc15 essing center’— 

16 ‘‘(A) means a facility designated under sec17 tion 207(g) by the Secretary of State to accept 

18 and process applications for refugee admissions 

19 to the United States; and 

20 ‘‘(B) may include a United States em21 bassy, consulate, or other diplomatic facility.’’. 

22 (b) DESIGNATION.—Section 207 of the Immigration 

23 and Nationality Act (8 U.S.C. 1157) is amended by add24 ing at the end the following: 


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1 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN2 TERS.— 

3 ‘‘(1) DESIGNATION.—Not later than 240 days 

4 after the date of the enactment of this subsection, 

5 the Secretary of State, in consultation with the Sec6 retary of Homeland Security, shall designate refugee 

7 application and processing centers outside the 

8 United States. 

9 ‘‘(2) LOCATIONS.—The Secretary of State shall 

10 establish— 

11 ‘‘(A) 1 refugee application and processing 

12 center in Mexico; and 

13 ‘‘(B) not fewer than 3 refugee application 

14 and processing centers in Central America at 

15 locations selected by the Secretary of State, in 

16 consultation with the Secretary of Homeland 

17 Security. 

18 ‘‘(3) DUTIES OF SECRETARY OF STATE.—The 

19 Secretary of State, in coordination with the Sec20 retary of Homeland Security, shall ensure that any 

21 alien who is a national or habitual resident of a 

22 country in which a refugee application and proc23 essing center is located, or a country contiguous to 

24 such a country, may apply for refugee status at a 


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1 refugee application and processing center in that 

2 country. 

3 ‘‘(4) ADJUDICATION BY ASYLUM OFFICERS.— 

4 An application for refugee status submitted to a ref5 ugee application and processing center shall be adju6 dicated by a asylum officer. 

7 ‘‘(5) PRIORITY.—The Secretary of State shall 

8 ensure that refugee application and processing cen9 ters accord priority to applications submitted— 

10 ‘‘(A) by aliens who have been referred by 

11 an authorized nongovernmental organization, as 

12 determined by the Secretary of State; 

13 ‘‘(B) not later than 90 days after the date 

14 on which such referral is made; and 

15 ‘‘(C) in accordance with the requirements 

16 and procedures established by the Secretary of 

17 State under this subsection. 

18 ‘‘(6) NUMBER OF REFERRALS AND GRANTS OF

19 ADMISSION FOR REFUGEES.—The admission to the 

20 United States of refugees under this subsection shall 

21 be subject to the limitations, including the numerical 

22 limitations, under this section. 

23 ‘‘(7) APPLICATION FEES.— 

24 ‘‘(A) IN GENERAL.—The Secretary of 

25 State and the Secretary of Homeland Security 


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1 shall charge, collect, and account for fees pre2 scribed by each such Secretary pursuant to sub3 sections (m) and (n) of section 286 and section 

4 9701 of title 31, United States Code, for the 

5 purpose of receiving, docketing, processing, and 

6 adjudicating an application under this sub7 section. 

8 ‘‘(B) BASIS FOR FEES.—The fees pre9 scribed under subparagraph (A) shall be based 

10 on a consideration of the amount necessary to 

11 deter frivolous applications and the cost for 

12 processing the application, including the imple13 mentation of program integrity and anti-fraud 

14 measures.’’. 

15 (c) SUNSET.—The amendments made by this section 

16 shall cease to be effective beginning on the date that is 

17 three years and 240 days after the date of the enactment 

18 of this Act. 

19 TITLE IV—REPURPOSING 

20 FEDERAL DRUG PROGRAMS 

21 SEC. 401. REAUTHORIZATION OF BLOCK GRANTS FOR PRE22 VENTION AND TREATMENT OF SUBSTANCE 

23 ABUSE. 

24 Section 1935(a) of the Public Health Service Act (42 

25 U.S.C. 300x–35(a)) is amended by striking ‘‘ 


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1 $1,908,079,000 for each of fiscal years 2023 through 

2 2027’’ and inserting ‘‘$3,961,600,000 for each of fiscal 

3 years 2023 through 2027’’. 

4 SEC. 402. OFFSETTING REPEALS. 

5 (a) SUBSTANCE ABUSE TREATMENT PROGRAMS OF

6 REGIONAL AND NATIONAL SIGNIFICANCE.—Section 509 

7 of the Public Health Service Act (42 U.S.C. 290bb–2) is 

8 hereby repealed. 

9 (b) DRUG-FREE COMMUNITIES SUPPORT PRO10 GRAM.—Chapter 2 of subtitle A of title I of the National 

11 Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et 

12 seq.) is hereby repealed. 

13 (c) COMMUNITY MENTAL HEALTH SERVICES BLOCK

14 GRANT.—Subpart I of part B of title XIX of the Public 

15 Health Service Act (42 U.S.C. 300x et seq.) is hereby re16 pealed. 

17 (d) GRANTS FOR JAIL DIVERSION PROGRAMS.—Sec18 tion 520G of the Public Health Service Act (42 U.S.C. 

19 290bb–38) is hereby repealed. 

20 (e) PROJECT AWARE; CERTIFIED COMMUNITY BE21 HAVIORAL HEALTH CLINICS EXPANSION GRANTS.—The 

22 Secretary of Health and Human Services shall terminate 

23 by the end of fiscal year 2023, and not establish any suc24 cessor programs to, the following programs carried out 


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1 under section 520A of the Public Health Service Act (42 

2 U.S.C. 290bb–32): 

3 (1) Project AWARE. 

4 (2) The Certified Community Behavioral 

5 Health Clinics Expansion Grants program. 

6 (f) PRIORITY SUBSTANCE USE DISORDER PREVEN7 TION NEEDS OF REGIONAL AND NATIONAL SIGNIFI8 CANCE.—Section 516 of the Public Health Service Act (42 

9 U.S.C. 290bb–22) is hereby repealed. 

Æ 


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