I 
117TH CONGRESS 
2D SESSION 
H. R. 9312 
To provide enhanced capabilities to combat transnational criminal cartels, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2022 
Mr. CRENSHAW (for himself, Mr. CARTER of Texas, Mr. ELLZEY, Mr. 
STEUBE, Mr. FALLON, and Mr. WEBER of Texas) introduced the fol-
lowing 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 subse-
quently 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 Representa-
tives 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 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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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 organi-
zations. 
Sec. 207. Sanctions on foreign governments found to facilitate transnational 
criminal cartels. 
Sec. 208. Sanctions on foreign persons found to facilitate transnational crimi-
nal 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 Tem-
plar Cartel. 
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SEC. 102. PENALTY. 
Notwithstanding any other provision of law, the sen-
tence of a person convicted of an offense described in sec-
tion 103 shall be increased by not less than 10 years and 
up to 20 years if the offense is committed under the cir-
cumstances described in section 104. 
SEC. 103. OFFENSES. 
The offenses described in this section are— 
(1) a Federal felony involving a controlled sub-
stance (as defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802)) for which the max-
imum 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; 
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(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 de-
scribed in paragraphs (1) through (18). 
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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 car-
tel with knowledge that its members engage in or 
have engaged in a continuing series of offenses de-
scribed 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 at-
tempted use of physical force against the 
person of another; 
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(C) any Federal or State felony offense 
that by its nature involves a substantial risk 
that physical force against the person of an-
other may be used in the course of committing 
the offense; or 
(D) a conspiracy to commit an offense de-
scribed in subparagraph (A), (B), or (C). 
TITLE II—AUTHORITIES TO COM-
BAT TRANSNATIONAL CRIMI-
NAL 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 suc-
cessor 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 suc-
cessor thereto). 
SEC. 202. FINANCIAL. 
(a) PROHIBITION ON USE OF FINANCIAL INSTITU-
TIONS.—Members of transnational criminal cartels shall 
be prohibited from utilizing financial institutions located 
in or doing business in the United States. 
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(b) ASSET FORFEITURE.—Members convicted for in-
volvement 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 dis-
tributed each fiscal year as follows: 
(1) 75 percent of funds shall be distributed to 
the Department of Homeland Security, to be distrib-
uted by the Secretary of Homeland Security to— 
(A) Customs and Border Protection; and 
(B) Immigrations and Customs Enforce-
ment. 
(2) 25 percent of funds shall be distributed to 
the Department of Justice, to be distributed by the 
Attorney General to the Drug Enforcement Adminis-
tration. 
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