Declaring War on the Cartels Act of 2023

To provide enhanced capabilities to combat transnational criminal cartels, and for other purposes. 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. I TRANSNATIONAL CRIMINAL CARTELS 101. Definitions For the purpose of this title, the term transnational criminal cartel(s) (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. 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. 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 (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 (8) a violation of chapter 55 (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 (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). 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 (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). II AUTHORITIES TO COMBAT TRANSNATIONAL CRIMINAL CARTELS 201. Definitions For purposes of this title: (1) The term first-degree family member (2) The term second-degree family member 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. 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) (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). . 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. 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. 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. 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 87–195 208. 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. (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 (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) (c) Foreign person defined In this section the term foreign person (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) 8 U.S.C. 1324b(a)(3) (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). 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.

Summary: Declaring War on the Cartels Act of 2023 This bill enhances the term of federal imprisonment for members of certain transnational criminal cartels (i.e., Mexican cartels) who are repeat offenders. It also establishes penalties for U.S. banks and foreign governments that support or otherwise have dealings with these cartels. Specifically, cartel members are subject to an additional 10 to 20 years imprisonment if they are convicted of certain federal crimes (e.g., crimes of violence, fraud, or sexual exploitation) and have been previously convicted of similar crimes (including at the state or local level) within the last five years. Any U.S. national who is convicted as an accessory to such crimes is also subject to up to 15 years of additional imprisonment. The bill also prohibits cartel members from using U.S. banks to conduct business and subjects any related assets to federal seizure. Banks that intentionally do business with cartel members are subject to civil penalties. Additionally, the bill (1) bars noncitizen cartel members and their immediate family from admission into the United States, (2) authorizes sanctions against foreign governments and persons (individuals or entities) that support cartel activity, and (3) requires certain federal agencies to work with foreign governments on combatting cartels. The bill applies to members of the following cartels: The Sinaloa Cartel, The Jalisco New Generation Cartel, The Beltran-Leyva Cartel, The Gulf Cartel, The Los Zetas Cartel, The Tijuana Cartel, and The La Familia Michoacána/Knights Templar Cartel.