Declaring War on the Cartels Act of 2023

Subjects: Crime and Law Enforcement, Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 713 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 713

   To provide enhanced capabilities to combat transnational criminal 
                    cartels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2023

   Mr. Crenshaw (for himself, Mr. Ellzey, Mr. Sessions, Mr. Weber of 
 Texas, Ms. Van Duyne, and Mr. Hudson) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committees on Foreign Affairs, Financial Services, Ways and 
     Means, and Homeland Security, 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 provide enhanced capabilities to combat transnational criminal 
                    cartels, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Declaring War on 
the Cartels Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--TRANSNATIONAL CRIMINAL CARTELS

Sec. 101. Definitions.
Sec. 102. Penalty.
Sec. 103. Offenses.
Sec. 104. Circumstances.
     TITLE II--AUTHORITIES TO COMBAT TRANSNATIONAL CRIMINAL CARTELS

Sec. 201. Definitions.
Sec. 202. Financial.
Sec. 203. Transnational criminal cartel as a ground of inadmissibility.
Sec. 204. Penalties for nationals and residents facilitating 
                            transnational cartels.
Sec. 205. Foreign government coordination.
Sec. 206. Connections between governments and transnational criminal 
                            organizations.
Sec. 207. Sanctions on foreign governments found to facilitate 
                            transnational criminal cartels.
Sec. 208. Sanctions on foreign persons found to facilitate 
                            transnational criminal cartels.
Sec. 209. Penalties on financial institutions continuing to do business 
                            with transnational criminal organizations.

                TITLE I--TRANSNATIONAL CRIMINAL CARTELS

SEC. 101. DEFINITIONS.

    For the purpose of this title, the term ``transnational criminal 
cartel(s)'' are used to indicate the organizations, affiliates, and 
witting facilitators of the following:
            (1) The Sinaloa Cartel.
            (2) The Jalisco New Generation Cartel.
            (3) The Beltran-Levya Cartel.
            (4) The Gulf Cartel.
            (5) The Los Zetas.
            (6) The Tijuana Cartel.
            (7) The La Familia Michoacana/Knights Templar Cartel.

SEC. 102. PENALTY.

    Notwithstanding any other provision of law, the sentence of a 
person convicted of an offense described in section 103 shall be 
increased by not less than 10 years and up to 20 years if the offense 
is committed under the circumstances described in section 104.

SEC. 103. OFFENSES.

    The offenses described in this section are--
            (1) a Federal felony involving a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which the maximum penalty is not less than 5 
        years;
            (2) a Federal felony crime of violence that has as an 
        element the use or attempted use of physical force against the 
        person of another;
            (3) a violation of United States customs laws, specifically 
        sections 542, 545, and 553 through 555, of title 18, United 
        States Code;
            (4) a violation of sections 873 and 880 of title 18, United 
        States Code;
            (5) a violation of sections 922 and 931 of title 18, United 
        States Code;
            (6) a violation of sections 1001, 1002, and 1015 of title 
        18, United States Code;
            (7) a violation of chapter 51 of title 18, United States 
        Code;
            (8) a violation of chapter 55 of title 18, United States 
        Code;
            (9) a violation of section 1365 of title 18, United States 
        Code;
            (10) a violation of sections 1425 through 1427 of title 18, 
        United States Code;
            (11) a violation of sections 1502 and 1510 through 1513 of 
        title 18, United States Code;
            (12) a violation of sections 1583 through 1585, 1589 
        through 1592, and 1597 of title 18, United States Code;
            (13) a violation of sections 2118 through 2119 of title 18, 
        United States Code;
            (14) a violation of section 2231 of title 18, United States 
        Code;
            (15) a violation of sections 2241 through 2245 of title 18, 
        United States Code;
            (16) a violation of sections 2251 and 2251A of title 18, 
        United States Code;
            (17) a violation of chapter 113 of title 18, United States 
        Code;
            (18) a violation of sections 2421 through 2424, of title 
        18, United States Code; and
            (19) a conspiracy to commit an offense described in 
        paragraphs (1) through (18).

SEC. 104. CIRCUMSTANCES.

    The circumstances described in this section are that the offense 
described in section 103 was committed by a person who--
            (1) participates in a transnational criminal cartel with 
        knowledge that its members engage in or have engaged in a 
        continuing series of offenses described in section 103;
            (2) intends to promote or further the felonious activities 
        of the transnational criminal cartel or maintain or increase 
        his or her position in the transnational criminal cartel; and
            (3) has been convicted within the past 5 years for--
                    (A) an offense described in subsection (c);
                    (B) a State offense--
                            (i) involving a controlled substance (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)) for which the 
                        maximum penalty is not less than 5 years' 
                        imprisonment; or
                            (ii) that is a felony crime of violence 
                        that has as an element the use or attempted use 
                        of physical force against the person of 
                        another;
                    (C) any Federal or State felony offense that by its 
                nature involves a substantial risk that physical force 
                against the person of another may be used in the course 
                of committing the offense; or
                    (D) a conspiracy to commit an offense described in 
                subparagraph (A), (B), or (C).

     TITLE II--AUTHORITIES TO COMBAT TRANSNATIONAL CRIMINAL CARTELS

SEC. 201. DEFINITIONS.

    For purposes of this title:
            (1) The term ``first-degree family member'' has the meaning 
        given such term in section 1635.3 of title 29, Code of Federal 
        Regulations (or any successor thereto).
            (2) The term ``second-degree family member'' has the 
        meaning given such term in section 1635.3 of title 29, Code of 
        Federal Regulations (or any successor thereto).

SEC. 202. FINANCIAL.

    (a) Prohibition on Use of Financial Institutions.--Members of 
transnational criminal cartels shall be prohibited from utilizing 
financial institutions located in or doing business in the United 
States.
    (b) Asset Forfeiture.--Members convicted for involvement in 
transnational criminal cartels shall forfeit all assets associated with 
their involvement in transnational criminal activity in accordance with 
the procedures under section 981 of title 18, United States Code, 
except that the assets seized and proceeds deriving therefrom shall be 
deposited into a fund to be known as the ``CARTEL Fund''.
    (c) Distribution of Funds From Assets Seized.--Amounts in the 
CARTEL Fund shall be distributed each fiscal year as follows:
            (1) 75 percent of funds shall be distributed to the 
        Department of Homeland Security, to be distributed by the 
        Secretary of Homeland Security to--
                    (A) Customs and Border Protection; and
                    (B) Immigrations and Customs Enforcement.
            (2) 25 percent of funds shall be distributed to the 
        Department of Justice, to be distributed by the Attorney 
        General to the Drug Enforcement Administration.

SEC. 203. TRANSNATIONAL CRIMINAL CARTEL AS A GROUND OF INADMISSIBILITY.

    Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)) is amended by adding at the end the following:
                    ``(H) Transnational criminal cartel.--Any alien who 
                is a member or affiliate of a transnational criminal 
                cartel, and any first-degree or second-degree family 
                member of such an alien. Terms used in this 
                subparagraph have the meanings given such terms in 
                section 1635.3 of title 29 of the Code of Federal 
                Regulations (or any successor thereto).''.

SEC. 204. PENALTIES FOR NATIONALS AND RESIDENTS FACILITATING 
              TRANSNATIONAL CARTELS.

    (a) In General.--The sentence of any national of the United States 
convicted as an accessory of an offense described in section 103 shall 
be increased by up to 15 years if the offense is committed under the 
circumstances described in section 104.
    (b) Denaturalization.--A naturalized citizen of the United States 
will be subject to the penalties described in subsection (a) and may be 
subject to denaturalization, pursuant to section 340(c) of the 
Immigration and Nationality Act (8 U.S.C. 1451(c)).
    (c) Revocation.--Lawful permanent residents of the United States 
will be subject to the penalties described in subsection (a) and shall 
be subject to revocation of lawful permanent resident status and 
removal proceedings.

SEC. 205. FOREIGN GOVERNMENT COORDINATION.

    The Secretary shall coordinate with the Secretary of State to 
establish a working group to coordinate bi- and multi-lateral efforts 
in countries or regions where designated transnational criminal 
organizations operate in order to coordinate and direct efforts by the 
United States and other governments to combat and contain transnational 
crime.

SEC. 206. CONNECTIONS BETWEEN GOVERNMENTS AND TRANSNATIONAL CRIMINAL 
              ORGANIZATIONS.

    Immigrations and Customs Enforcement Homeland Security 
Investigations, in coordination with the Federal Bureau of 
Investigations and other relevant United States Governmental entities, 
shall--
            (1) investigate governmental corruption and any connections 
        or coordination between foreign governments where transnational 
        criminal cartels operate; and
            (2) investigate governmental corruption and any connection 
        or coordination between State, local, Tribal, territorial 
        government where transnational criminal cartels operate.

SEC. 207. SANCTIONS ON FOREIGN GOVERNMENTS FOUND TO FACILITATE 
              TRANSNATIONAL CRIMINAL CARTELS.

    (a) Sanctions on Foreign Governments.--Sanctions described in 
subsection (b) may be applied to any foreign government found to--
            (1) facilitate a designated transnational criminal cartels 
        by providing material support or resources, as defined in 
        section 2339A(b)(1) of title 18, United States Code;
            (2) provide resources used by transnational criminal 
        cartels in the commission of their crimes described in 203; or
            (3) permit, or fail to take adequate measures to prevent, 
        transnational criminal cartel activity within their territory.
    (b) Sanctions Described.--The President may consider terminating 
assistance provided for under the Foreign Assistance Act of 1961 
(Public Law 87-195).

SEC. 208. SANCTIONS ON FOREIGN PERSONS FOUND TO FACILITATE 
              TRANSNATIONAL CRIMINAL CARTELS.

    (a) Sanctions on Foreign Persons.--Any foreign person found to be 
facilitating a transnational criminal cartel by providing material 
support or resources, as defined in section 2339A(b)(1) of title 18, 
United States Code, shall be subject to the sanctions described in 
subsection (b).
    (b) Sanctions Described.--
            (1) In general.--The President may, in accordance with the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.), block all transactions in all property and interests in 
        property of a foreign person described in subsection (a) 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.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of any 
        prohibition imposed by the President pursuant to paragraph (1) 
        shall be subject to the penalties set forth in subsections (b) 
        and (c) of section 206 of the International Emergency Economic 
        Powers Act (50 U.S.C. 1705) to the same extent as a person that 
        commits an unlawful act described in subsection (a) of that 
        section.
            (3) Exclusion from the united states and revocation of visa 
        or other documentation.--In the case of an alien determined by 
        the President to be subject to subsection (a), the alien shall 
        be subject to denial of a visa to, and exclusion from, the 
        United States, and revocation in accordance with section 221(i) 
        of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of 
        any visa or other documentation of the alien.
    (c) Foreign Person Defined.--In this section the term ``foreign 
person'' means--
            (1) any natural person who is not a lawful permanent 
        resident, as defined by section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20)), or who is not a 
        protected individual, as defined by section 274B(a)(3) of such 
        Act (8 U.S.C. 1324b(a)(3)); or
            (2) any foreign corporation, business association, 
        partnership, trust, society or any other entity or group that 
        is not incorporated or organized to do business in the United 
        States, as well as international organizations, foreign 
        governments and any agency or subdivision of foreign 
        governments (e.g., diplomatic missions).

SEC. 209. PENALTIES ON FINANCIAL INSTITUTIONS CONTINUING TO DO BUSINESS 
              WITH TRANSNATIONAL CRIMINAL ORGANIZATIONS.

    Any financial institution that intentionally fails to comply with 
section 202(a) shall be subject to a civil penalty in an amount that is 
the greater of--
            (1) $50,000 per violation; or
            (2) twice the amount of which the financial institution was 
        required under such section 103(b)(3) to retain possession or 
        control.
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