Stop the Cartels Act
Bill: H.R.8561 | Sponsor: Rep. Davidson, Warren (R-OH)
Policy area: Armed Forces and National Security

Summary:
Stop the Cartels Act
This bill addresses various issues including matters relating to immigration, law enforcement cooperation with Mexico, and drug cartels.
The bill bars federal financial assistance for state or local jurisdictions that (1) restrict compliance with immigration detainers issued by the Department of Homeland Security, or (2) have any law or policy that violates immigration laws.
Furthermore, under this bill, the detention of alien minors must be governed by specified sections of the Immigration and Nationality Act and not any judicial decree or settlement. (A 1997 settlement agreement imposes requirements related to the treatment of such minors, including limits on how long they may be detained under certain conditions.)
The bill also makes various changes to asylum applications, including by (1) increasing the burden that an asylum applicant must meet to establish a credible fear of persecution, and (2) establishing refugee application and processing centers in Central America.
In addition, certain Department of State and U.S. Agency for International Development assistance may not be made available to Mexico's government until the State Department certifies that Mexico has removed certain barriers to law enforcement cooperation and intelligence sharing between the United States and Mexico.
The bill also establishes the foreign Special Transnational Criminal Organization designation and establishes penalties related to designated organizations, such as making it a crime to knowingly provide material support to such an organization. The State Department must designate specified organizations, including the Sinaloa Cartel, with the designation, and may designate other organizations that fit criteria established in this bill.

To improve the collection of intelligence regarding activities by drug 
 trafficking organizations in certain foreign countries, 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 ``Stop the Cartels 
Act''.
    (b) Table of Contents.--The table of contents for 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.

   TITLE I--PRIORITIZING INTELLIGENCE GATHERING ON DRUG TRAFFICKING 
                             ORGANIZATIONS

SEC. 101. ASSESSMENT OF ACTIVITIES BY DRUG TRAFFICKING ORGANIZATIONS IN 
              COVERED FOREIGN COUNTRIES.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of National Intelligence, in coordination 
with the Chief of Intelligence of the Drug Enforcement Administration 
and the Assistant Secretary of State for Intelligence and Research, 
shall submit to the appropriate congressional committees a report 
containing an analytical assessment of the activities of drug 
trafficking organizations in covered foreign countries. Such assessment 
shall include, at a minimum--
            (1) an assessment of the effect of drug trafficking 
        organizations on the security and economic situation in covered 
        foreign countries;
            (2) an assessment of the effect of the activities of drug 
        trafficking organizations on the migration of persons from 
        covered foreign countries to the United States-Mexico border;
            (3) a summary of any relevant activities by elements of the 
        intelligence community in relation to drug trafficking 
        organizations in covered foreign countries and Mexico;
            (4) a summary of key methods and routes used by drug 
        trafficking organizations in covered foreign countries and 
        Mexico to the United States;
            (5) an assessment of the intersection between the 
        activities of drug trafficking organizations, human traffickers 
        and human smugglers, and other organized criminal groups in 
        covered foreign countries; and
            (6) an assessment of the illicit funds and financial 
        transactions that support the activities of drug trafficking 
        organizations and connected criminal enterprises in covered 
        foreign countries.
    (b) Form.--The report required by subsection (a) may be submitted 
in classified form, but if so submitted, shall contain an unclassified 
summary.
    (c) Availability.--The report under subsection (a), or the 
unclassified summary of the report described in subsection (b), shall 
be made publicly available.

SEC. 102. ASSESSMENT OF HUMAN TRAFFICKING AND SMUGGLING FROM COVERED 
              FOREIGN COUNTRIES TO THE UNITED STATES-MEXICO BORDER.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Under Secretary of Homeland Security for 
Intelligence and Analysis and the Assistant Secretary of State for 
Intelligence and Research, shall submit to the appropriate 
congressional committees a report containing an analytical assessment 
of human trafficking and human smuggling by individuals and 
organizations in covered foreign countries. Such assessment shall 
include, at a minimum--
            (1) an assessment of the effect of human trafficking and 
        human smuggling on the security and economic situation in 
        covered foreign countries;
            (2) a summary of any relevant activities by elements of the 
        intelligence community in relation to human trafficking and 
        human smuggling in covered foreign countries;
            (3) an assessment of the methods and routes used by human 
        traffickers and human smuggler organizations to move persons 
        from covered foreign countries to the United States-Mexico 
        border;
            (4) an assessment of the intersection between the 
        activities of human traffickers and human smugglers, drug 
        trafficking organizations, and other organized criminal groups 
        in covered foreign countries; and
            (5) an assessment of the illicit funds and financial 
        transactions that support the activities of human traffickers 
        and human smugglers and connected criminal enterprises in 
        covered foreign countries.
    (b) Form.--The report required by subsection (a) may be submitted 
in classified form, but if so submitted, shall contain an unclassified 
summary.
    (c) Availability.--The report under subsection (a), or the 
unclassified summary of the report described in subsection (b), shall 
be made publicly available.

SEC. 103. PRIORITIZATION OF INTELLIGENCE RESOURCES FOR COVERED FOREIGN 
              COUNTRIES.

    (a) Review of Intelligence Community Efforts in Covered Foreign 
Countries.--The Director of National Intelligence, in coordination with 
the Under Secretary of Homeland Security for Intelligence and Analysis, 
the Assistant Secretary of State for Intelligence and Research, the 
Chief of Intelligence of the Drug Enforcement Administration, and other 
appropriate officials in the intelligence community, shall carry out a 
comprehensive review of the current intelligence collection priorities 
of the intelligence community for covered foreign countries in order to 
identify whether such priorities are appropriate and sufficient in 
light of the threat posed by the activities of drug trafficking 
organizations and human traffickers and human smugglers to the security 
of the United States and the Western Hemisphere.
    (b) Reports.--
            (1) Report on initial review.--Not later than 120 days 
        after the date of the enactment of this Act, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees a comprehensive description of the 
        results of the review required by subsection (a), including 
        whether the priorities described in that subsection are 
        appropriate and sufficient in light of the threat posed by the 
        activities of drug trafficking organizations and human 
        traffickers and human smugglers to the security of the United 
        States and the Western Hemisphere. If the report concludes that 
        such priorities are not so appropriate and sufficient, the 
        report shall also include a description of the actions to be 
        taken to modify such priorities in order to assure that such 
        priorities are so appropriate and sufficient.
            (2) Quarterly reports.--Not later than 90 days after the 
        date on which the report under paragraph (1) is submitted, and 
        every 90 days thereafter for a 5-year period, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees a report on the intelligence 
        community's collection priorities and activities in covered 
        foreign countries with a focus on the threat posed by the 
        activities of drug trafficking organizations and human 
        traffickers and human smugglers to the security of the United 
        States and the Western Hemisphere. The first report under this 
        paragraph shall also include a description of the amount of 
        funds expended by the intelligence community to the efforts 
        described in subsection (a) during each of fiscal years 2018 
        and 2019.
    (c) Form.--The reports required by subsection (b) may be submitted 
in classified form, but if so submitted, shall contain an unclassified 
summary.

SEC. 104. RESOLVING INTELLIGENCE SHARING AND COOPERATION AGREEMENTS.

    None of the amounts appropriated to the Department of State to 
combat the threats of drug trafficking, transnational organized crime, 
and money laundering or appropriated to the United States Agency for 
International Development may be made available to the Mexican Federal 
Government or its subsidiaries until the Secretary of State certifies 
to Congress that Mexico has removed all barriers to bilateral 
cooperation created after December 2020 that have hindered law 
enforcement cooperation and intelligence-sharing between United States 
and Mexican law enforcement agencies, including the implementation of 
the Foreign Agents law and the limits that have been placed on issuing 
visas to United States law enforcement personnel.

SEC. 105. REVIEW OF MEXICO AND UNITED STATES BILATERAL COOPERATION.

    (a) Plan To Reestablish Bilateral Security Meetings.--Not later 
than 60 days after the date of the enactment of this Act, the Secretary 
of State, in consultation with the heads of other relevant Federal 
departments and agencies, shall submit to the appropriate congressional 
committees a plan and timeline to reestablish regular bilateral 
security meetings between appropriate high-level and working-level 
officials of the Governments of the United States and Mexico that serve 
as a forum to align and reconcile priorities between the United States 
and Mexico and to periodically assess progress for bilateral 
cooperation. The plan shall include possible areas of cooperation at 
the Federal, State, and local levels with United States goals for 
assistance.
    (b) Comprehensive Review.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State and the Administrator 
of the United States Agency for International Development, in 
consultation with the heads of other relevant Federal departments and 
agencies, shall submit a report to appropriate congressional committees 
that--
            (1) provides a review of programs, projects, and activities 
        implemented as part of either the Merida Initiative or The 
        Bicentennial Framework; and
            (2) includes--
                    (A) evaluations, assessments, or other analyses, as 
                appropriate;
                    (B) successes, challenges, and lessons learned in 
                achieving program outcomes and United States policy 
                goals;
                    (C) recommendations to change investment levels in 
                specific projects; and
                    (D) to the extent practicable, an assessment of the 
                effect, if any, of Mexico's Foreign Agents law on 
                bilateral security cooperation with the Department of 
                State, the United States Agency for International 
                Development, and the Department of Justice.

SEC. 106. DESIGNATION OF CERTAIN DRUG CARTELS AS SPECIAL TRANSNATIONAL 
              CRIMINAL ORGANIZATION.

    (a) Designation.--
            (1) In general.--The Secretary is authorized to designate 
        an organization as a foreign Special Transnational Criminal 
        Organization in accordance with this subsection if the 
        Secretary finds that--
                    (A) the organization is a foreign organization;
                    (B) the organization is a self-perpetuating 
                association of individuals who operate transnationally 
                for the purpose of obtaining power, influence, 
                monetary, or commercial gains, wholly or in part by 
                illegal means, while protecting their activities 
                through a pattern of corruption or violence or through 
                a transnational organization structure and the 
                exploitation of transnational commerce or communication 
                mechanisms; and
                    (C) the organization threatens the security of 
                United States nationals or the national security of the 
                United States.
            (2) Procedure.--
                    (A) Notice.--
                            (i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Secretary shall, by classified 
                        communication, notify the Speaker and minority 
                        leader of the House of Representatives, the 
                        President pro tempore, majority leader, and 
                        minority leader of the Senate, and the members 
                        of the relevant committees of the House of 
                        Representatives and the Senate, in writing, of 
                        the intent to designate an organization under 
                        this subsection, together with the findings 
                        made under paragraph (1) with respect to that 
                        organization, and the factual basis therefor.
                            (ii) Publication in federal register.--The 
                        Secretary shall publish the designation in the 
                        Federal Register seven days after providing the 
                        notification under clause (i).
                    (B) Effect of designation.--For purposes of section 
                2339B of title 18, United States Code--
                            (i) an organization designated as a foreign 
                        Special Transnational Criminal Organization 
                        shall be treated as an organization subject to 
                        such section for purposes of such section; and
                            (ii) a designation under this subsection 
                        shall take effect for such purposes upon 
                        publication under subparagraph (A)(ii).
                    (C) Freezing of assets.--Upon notification under 
                paragraph (2)(A)(i), the Secretary of the Treasury may 
                require United States financial institutions possessing 
                or controlling any assets of any foreign organization 
                included in the notification to block all financial 
                transactions involving those assets until further 
                directive from either the Secretary of the Treasury, 
                Act of Congress, or order of court.
            (3) Record.--
                    (A) In general.--In making a designation under this 
                subsection, the Secretary shall create an 
                administrative record.
                    (B) Classified information.--The Secretary may 
                consider classified information in making a designation 
                under this subsection. Classified information shall not 
                be subject to disclosure for such time as it remains 
                classified, except that such information may be 
                disclosed to a court ex parte and in camera for 
                purposes of judicial review under subsection (c).
            (4) Period of designation.--
                    (A) In general.--A designation under this 
                subsection shall be effective until revoked under 
                paragraph (5) or (6) or set aside pursuant to 
                subsection (c).
                    (B) Review of designation upon petition.--
                            (i) In general.--The Secretary shall review 
                        the designation of a foreign Special 
                        Transnational Criminal Organization under the 
                        procedures set forth in clauses (iii) and (iv) 
                        if the designated organization files a petition 
                        for revocation within the petition period 
                        described in clause (ii).
                            (ii) Petition period.--For purposes of 
                        clause (i)--
                                    (I) if the designated organization 
                                has not previously filed a petition for 
                                revocation under this subparagraph, the 
                                petition period begins 2 years after 
                                the date on which the designation was 
                                made; or
                                    (II) if the designated organization 
                                has previously filed a petition for 
                                revocation under this subparagraph, the 
                                petition period begins 2 years after 
                                the date of the determination made 
                                under clause (iv) on that petition.
                            (iii) Procedures.--Any foreign Special 
                        Transnational Criminal Organization that 
                        submits a petition for revocation under this 
                        subparagraph must provide evidence in that 
                        petition that the relevant circumstances 
                        described in paragraph (1) are sufficiently 
                        different from the circumstances that were the 
                        basis for the designation such that a 
                        revocation with respect to the organization is 
                        warranted.
                            (iv) Determination.--
                                    (I) In general.--Not later than 180 
                                days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Secretary shall make 
                                a determination as to such revocation.
                                    (II) Classified information.--The 
                                Secretary may consider classified 
                                information in making a determination 
                                in response to a petition for 
                                revocation. Classified information 
                                shall not be subject to disclosure for 
                                such time as it remains classified, 
                                except that such information may be 
                                disclosed to a court ex parte and in 
                                camera for purposes of judicial review 
                                under subsection (c).
                                    (III) Publication of 
                                determination.--A determination made by 
                                the Secretary under this clause shall 
                                be published in the Federal Register.
                                    (IV) Procedures.--Any revocation by 
                                the Secretary shall be made in 
                                accordance with paragraph (6).
                    (C) Other review of designation.--
                            (i) In general.--If the Secretary 
                        determines that a 5-year period has elasped 
                        since the designation without a review having 
                        taken place under subparagraph (B), the 
                        Secretary shall review the designation of the 
                        foreign Special Transnational Criminal 
                        Organization in order to determine whether such 
                        designation should be revoked pursuant to 
                        paragraph (6).
                            (ii) Procedures.--If a review does not take 
                        place pursuant to subparagraph (B) in response 
                        to a petition for revocation that is filed in 
                        accordance with that subparagraph, then the 
                        review shall be conducted pursuant to 
                        procedures established by the Secretary. The 
                        results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            (iii) Publication of results of review.--
                        The Secretary shall publish any determination 
                        made pursuant to this subparagraph in the 
                        Federal Register.
            (5) Revocation by act of congress.--The Congress, by an Act 
        of Congress, may block or revoke a designation made under 
        paragraph (1).
            (6) Revocation based on change in circumstances.--
                    (A) In general.--The Secretary may revoke a 
                designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Secretary finds that--
                            (i) the circumstances that were the basis 
                        for the designation have changed in such a 
                        manner as to warrant revocation; or
                            (ii) the national security of the United 
                        States warrants a revocation.
                    (B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            (7) Effect of revocation.--The revocation of a designation 
        under paragraph (5) or (6) shall not affect any action or 
        proceeding based on conduct occurring prior to the effective 
        date of such revocation.
            (8) Use of designation in trial or hearing.--If a 
        designation under this subsection has become effective under 
        paragraph (2)(B) a defendant in a criminal action or an alien 
        in a removal proceeding shall not be permitted to raise any 
        question concerning the validity of the issuance of such 
        designation as a defense or an objection at any trial or 
        hearing.
    (b) Amendments to a Designation.--
            (1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the 
        organization has changed its name, adopted a new alias, 
        dissolved and then reconstituted itself under a different name 
        or names, or merged with another organization.
            (2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Subparagraphs (B) and (C) 
        of subsection (a)(2) shall apply to an amended designation upon 
        such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and 
        (8) of subsection (a) shall also apply to an amended 
        designation.
            (3) Administrative record.--The administrative record shall 
        be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            (4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c).
    (c) Judicial Review of Designation.--
            (1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated organization may seek judicial 
        review in the United States Court of Appeals for the District 
        of Columbia Circuit.
            (2) Basis of review.--Review under this subsection shall be 
        based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            (3) Scope of review.--The Court shall hold unlawful and set 
        aside a designation, amended designation, or determination in 
        response to a petition for revocation the court finds to be--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not in accordance with law;
                    (B) contrary to constitutional right, power, 
                privilege, or immunity;
                    (C) in excess of statutory jurisdiction, authority, 
                or limitation, or short of statutory right;
                    (D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    (E) not in accord with the procedures required by 
                law.
            (4) Judicial review invoked.--The pendency of an action for 
        judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    (d) Definitions.--As used in this section--
            (1) the term ``classified information'' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            (2) the term ``national security'' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            (3) the term ``foreign organization'' includes a group of 
        persons or an organization whose leadership is primarily based 
        in a country outside of the United States;
            (4) the term ``relevant committees'' means the Committees 
        on the Judiciary, Intelligence, and Foreign Relations of the 
        Senate and the Committees on the Judiciary, Intelligence, and 
        International Relations of the House of Representatives; and
            (5) the term ``Secretary'' means the Secretary of State, in 
        consultation with the Secretary of the Treasury and the 
        Attorney General.
    (e) Designation.--The Secretary shall designate the following 
organizations as Special Transnational Criminal Organizations:
            (1) Sinaloa Cartel.
            (2) Jalisco New Generation Cartel.
            (3) Beltran-Leyva Organization.
            (4) Cartel del Noreste and Los Zetas.
            (5) Guerreros Unidos.
            (6) Gulf Cartel.
            (7) Juarez Cartel and La Linea.
            (8) La Familia Michoacana.
            (9) Los Rojos.

SEC. 107. MONTHLY DEPARTMENT OF HOMELAND SECURITY REPORTS ON MIGRANTS.

    Not later than the fifteenth day of the second full month after the 
date of the enactment of this Act and not later than the fifteenth of 
each month thereafter, the Secretary of Homeland Security, acting 
through the Commissioner of U.S. Customs and Border Protection (CBP), 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report relating to migrants. Each such report 
shall cover the period of the immediately preceding month, and include 
information relating to the following:
            (1) The total number of U.S. Border Patrol apprehensions.
            (2) The total number of inadmissible aliens encountered by 
        the Office of Field Operations (OFO) of CBP.
            (3) The total number of migrants (including apprehensions 
        and inadmissibles under paragraphs (1) and (2), respectively) 
        voluntarily returned to Mexico.
            (4) The total number of migrants placed into expedited 
        removal pursuant to section 235(b)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)(1)).
            (5) The total number of migrants placed into expedited 
        removal who claimed credible fear pursuant to section 
        235(b)(1)(A)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(A)(ii)).
            (6) The total number of migrants placed into expedited 
        removal who claimed credible fear pursuant to such section who 
        received a positive determination relating thereto.
            (7) The total number of migrants who were detained by CBP.
            (8) The total number of migrants whose detention was 
        transferred by CBP to U.S. Immigration and Customs Enforcement 
        (ICE).
            (9) The total number of migrants paroled into the United 
        States pursuant to section 212(d)(5)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)(A)).
            (10) The total number of migrants released on bond into the 
        United States pursuant to section 236(a)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(A)).
            (11) The total number of migrants released on their own 
        recognizance into the United States pursuant to section 
        236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1226(a)(2)(B)) or any other provision of such Act.
            (12) The total number of migrants released on conditional 
        parole into the United States pursuant to section 236(a)(2)(B) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1226(a)(2)(B)).
            (13) The total number of migrants released on any other 
        ground, including specifications of which such grounds, into 
        the United States.
            (14) The total number of migrants issued a Notice to 
        Appear.
            (15) The total number of migrants issued a Notice to 
        Report.
            (16) The total number of migrants released into the United 
        States to appear at an ICE Field Office.
            (17) The total number of migrants released into the United 
        States to appear at an ICE Field Office who failed to appear.
            (18) The total number of migrants released into the United 
        States to check-in at an ICE Field Office, whose appearance was 
        waived.
            (19) The total number of migrants issued a Notice to Appear 
        who failed to appear at an Initial Master Calendar hearing.
            (20) The total number of migrants issued a Notice to Appear 
        who failed to appear at an initial Master Calendar hearing who 
        were ordered removed from the United States.

SEC. 108. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Homeland Security, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Homeland Security and Governmental 
                Affairs, and the Select Committee on Intelligence of 
                the Senate.
            (2) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.
            (3) Covered foreign countries.--The term ``covered foreign 
        countries'' means Mexico, Guatemala, Honduras, Nicaragua, El 
        Salvador, Costa Rica, Panama, Belize, Argentina, Bolivia, 
        Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, 
        Suriname, Uruguay, and Venezuela.
            (4) Human trafficking.--The term ``human trafficking'' has 
        the meaning given the term ``severe forms of trafficking in 
        persons'' by section 103 of the Victims of Trafficking and 
        Violence Protection Act of 2000 (22 U.S.C. 7102).
            (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).

   TITLE II--ELIMINATING FUNDING FOR CARTEL SAFE HARBOR JURISDICTIONS

SEC. 201. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS 
              THAT VIOLATE THE IMMIGRATION LAWS.

    (a) Ineligible Jurisdictions.--A State or unit of local government 
is an ineligible jurisdiction for purposes of this section if that 
State or unit of local government--
            (1) violates section 642 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373);
            (2) otherwise restricts compliance with a detainer issued 
        by the Secretary of Homeland Security; or
            (3) has any law or policy in effect that violates the 
        immigration laws.
    (b) Annual Determination of Ineligible Jurisdictions.--Not later 
than 1 year after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Homeland Security shall make a 
determination as to whether each State or unit of local government is 
an ineligible jurisdiction under subsection (a) and submit such 
determinations to Congress.
    (c) Prohibition on Federal Financial Assistance.--A State or unit 
of local government that is determined to be an ineligible jurisdiction 
may not receive any Federal financial assistance (as such term is 
defined in section 7501(a)(5) of title 31, United States Code) for the 
fiscal year following any fiscal year in which the Secretary of 
Homeland Security determines that the State or unit of local government 
is an ineligible jurisdiction under subsection (b).

      TITLE III--TARGETING CARTEL HUMAN TRAFFICKING AT THE BORDER

SEC. 301. ENDING FAMILY SEPARATION AND PROTECTION OF MINORS.

    (a) Promoting Family Unity.--Section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended by adding at the end the following:
    ``(j) Promoting Family Unity.--
            ``(1) Detention of alien minors.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, judicial determination, consent 
                decree, or settlement agreement, the Secretary of 
                Homeland Security may detain any alien minor (other 
                than an unaccompanied alien child) who is inadmissible 
                to the United States under section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a)) or 
                removable from the United States under section 237(a) 
                of that Act (8 U.S.C. 1227(a)) pending the completion 
                of removal proceedings, regardless of whether the alien 
                minor was previously an unaccompanied alien child.
                    ``(B) Priority removal cases.--The Attorney General 
                shall--
                            ``(i) prioritize the removal proceedings of 
                        an alien minor, or a family unit that includes 
                        an alien minor, detained under subparagraph 
                        (A); and
                            ``(ii) set a case completion goal of not 
                        more than 100 days for such proceedings.
                    ``(C) Detention and release decisions.--The 
                decision to detain or release an alien minor described 
                in subparagraph (A)--
                            ``(i) shall be governed solely by sections 
                        212(d)(5), 217, 235, 236, and 241 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(d)(5), 1187, 1225, 1226, and 1231) and 
                        implementing regulations or policies; and
                            ``(ii) shall not be governed by standards, 
                        requirements, restrictions, or procedures 
                        contained in a judicial decree or settlement 
                        relating to the authority to detain or release 
                        alien minors.
            ``(2) Conditions of detention.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, judicial determination, consent 
                decree, or settlement agreement, the Secretary of 
                Homeland Security shall determine, in the sole 
                discretion of the Secretary, the conditions of 
                detention applicable to an alien minor described in 
                paragraph (1)(A) regardless of whether the alien minor 
                was previously an unaccompanied alien child.
                    ``(B) No judicial review.--A determination under 
                subparagraph (A) shall not be subject to judicial 
                review.
            ``(3) Rule of construction.--Nothing in this section--
                    ``(A) affects the eligibility for bond or parole of 
                an alien; or
                    ``(B) limits the authority of a court to hear a 
                claim arising under the Constitution of the United 
                States.
            ``(4) Preemption of state licensing requirements.--
        Notwithstanding any other provision of law, judicial 
        determination, consent decree, or settlement agreement, a State 
        may not require an immigration detention facility used to 
        detain families consisting of one or more children who have not 
        attained 18 years of age and the parents or legal guardians of 
        such children, that is located in the State, to be licensed by 
        the State or any political subdivision thereof.
            ``(5) Conditions of custody.--The Secretary of Homeland 
        Security shall ensure that each--
                    ``(A) family residential facility is secure and 
                safe; and
                    ``(B) alien child and accompanying parent at a 
                family residential facility has--
                            ``(i) suitable living accommodations;
                            ``(ii) access to drinking water and food;
                            ``(iii) timely access to medical 
                        assistance, including mental health assistance; 
                        and
                            ``(iv) access to any other service 
                        necessary for the adequate care of a minor 
                        child.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection.
    ``(k) Applicability of Consent Decrees, Settlements, and Judicial 
Determinations.--
            ``(1) Flores settlement agreement inapplicable.--Any 
        conduct or activity that was, before the date of the enactment 
        of this subsection, subject to any restriction or obligation 
        imposed by the stipulated settlement agreement filed on January 
        17, 1997, in the United States District Court for the Central 
        District of California in Flores v. Reno, CV 85-4544-RJK, 
        (commonly known as the `Flores settlement agreement'), or 
        imposed by any amendment of that agreement or judicial 
        determination based on that agreement--
                    ``(A) shall be subject to the restrictions and 
                obligations in subsection (j) or imposed by the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (Public Law 110-457); and
                    ``(B) shall not be subject to the restrictions and 
                the obligations imposed by such settlement agreement or 
                judicial determination.
            ``(2) Other settlement agreements or consent decrees.--In 
        any civil action with respect to the conditions of detention of 
        alien children, the court shall not enter or approve a 
        settlement agreement or consent decree unless it complies with 
        the limitations set forth in subsection (j).''.

SEC. 302. STOPPING ASYLUM FRAUD.

    (a) Standards To Deter Fraud and Advance Meritorious Asylum 
Claims.--Section 235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)) is amended--
            (1) by amending clause (v) to read as follows:
                            ``(v) Credible fear of persecution.--
                                    ``(I) In general.--For purposes of 
                                this subparagraph, the term `credible 
                                fear of persecution' means that it is 
                                more likely than not that the alien 
                                would be able to establish eligibility 
                                for asylum under section 208--
                                            ``(aa) taking into account 
                                        such facts as are known to the 
                                        officer; and
                                            ``(bb) only if the officer 
                                        has determined, under 
                                        subsection (b)(1)(B)(iii) of 
                                        such section, that it is more 
                                        likely than not that the 
                                        statements made by the alien or 
                                        on behalf of the alien are 
                                        true.
                                    ``(II) Bars to asylum.--An alien 
                                shall not be determined to have a 
                                credible fear of persecution if the 
                                alien is prohibited from applying for 
                                or receiving asylum, including an alien 
                                subject to a limitation or condition 
                                under subsection (a)(2) or (b)(2) 
                                (including a regulation promulgated 
                                under such subsection) of section 
                                208.''; and
            (2) by adding at the end the following:
                            ``(vi) Eligibility for relief.--
                                    ``(I) Credible fear review by 
                                immigration judge.--An alien determined 
                                to have a credible fear of persecution 
                                shall be referred to an immigration 
                                judge for review of such determination, 
                                which shall be limited to a 
                                determination whether the alien--
                                            ``(aa) is eligible for 
                                        asylum under section 208, 
                                        withholding of removal under 
                                        section 241(b)(3), or 
                                        protection under the Convention 
                                        Against Torture and Other 
                                        Cruel, Inhuman or Degrading 
                                        Treatment or Punishment, done 
                                        at New York, December 10, 1984 
                                        (referred to in this clause as 
                                        the `Convention Against 
                                        Torture)'; and
                                            ``(bb) merits a grant of 
                                        asylum in the exercise of 
                                        discretion.
                                    ``(II) Aliens with reasonable fear 
                                of persecution.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), if an 
                                        alien referred under 
                                        subparagraph (A)(ii) is 
                                        determined to have a reasonable 
                                        fear of persecution or torture, 
                                        the alien shall be eligible 
                                        only for consideration of an 
                                        application for withholding of 
                                        removal under section 241(b)(3) 
                                        or protection under the 
                                        Convention Against Torture.
                                            ``(bb) Exception.--An alien 
                                        shall not be eligible for 
                                        consideration of an application 
                                        for relief under item (aa) if 
                                        the failure of the alien to 
                                        establish a credible fear of 
                                        persecution precludes the alien 
                                        from eligibility for such 
                                        relief.
                                            ``(cc) Limitation.--An 
                                        alien whose application for 
                                        relief is adjudicated under 
                                        item (aa) shall not be eligible 
                                        for any other form of relief or 
                                        protection from removal.
                            ``(vii) Ineligibility for removal 
                        proceedings.--An alien referred under 
                        subparagraph (A)(ii) shall not be eligible for 
                        a hearing under section 240.''.
    (b) Authority for Certain Aliens To Apply for Asylum.--Section 
208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) 
is amended by adding at the end the following:
                    ``(F) Ineligibility for asylum.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, including paragraph 
                        (1), except as provided in clause (ii), an 
                        alien is ineligible for asylum if the alien--
                                    ``(I) has been convicted of a 
                                felony;
                                    ``(II) is inadmissible under 
                                section 212(a) (except paragraphs (4), 
                                (5), and (7));
                                    ``(III) has been previously removed 
                                from the United States; or
                                    ``(IV) is a national or habitual 
                                resident of--
                                            ``(aa) a country in Central 
                                        America that has a refugee 
                                        application and processing 
                                        center; or
                                            ``(bb) a country contiguous 
                                        to such a country (other than 
                                        Mexico).
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), paragraph (1) shall not apply to any alien 
                        who is present in the United States on the date 
                        of the enactment of this subparagraph.''.

SEC. 303. HIRING AUTHORITY.

    (a) Immigration Judges.--The Attorney General shall increase--
            (1) the number of immigration judges by not fewer than an 
        additional 500 judges, as compared to the number of immigration 
        judges as of the date of the enactment of this Act; and
            (2) the corresponding number of support staff, as 
        necessary.
    (b) Immigration and Customs Enforcement Attorneys.--The Director of 
U.S. Immigration and Customs Enforcement shall increase the number of 
attorneys and staff employed by U.S. Immigration and Customs 
Enforcement by the number that is consistent with the workload staffing 
model to support the increase in immigration judges.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for--
            (1) the hiring of immigration judges, support staff, and 
        U.S. Immigration and Customs Enforcement attorneys under this 
        section; and
            (2) the lease, purchase, or construction of facilities or 
        equipment (including video teleconferencing equipment and 
        equipment for electronic filing of immigration cases), and the 
        transfer of federally owned temporary housing units to serve as 
        facilities, for--
                    (A) the increased number of immigration judges, 
                attorneys, and support staff under this section; and
                    (B) conducting immigration court proceedings in 
                close proximity to the locations at which aliens are 
                apprehended and detained.

SEC. 304. REFUGEE APPLICATION AND PROCESSING CENTERS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53) The term `refugee application and processing 
        center'--
                    ``(A) means a facility designated under section 
                207(g) by the Secretary of State to accept and process 
                applications for refugee admissions to the United 
                States; and
                    ``(B) may include a United States embassy, 
                consulate, or other diplomatic facility.''.
    (b) Designation.--Section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) is amended by adding at the end the following:
    ``(g) Refugee Application and Processing Centers.--
            ``(1) Designation.--Not later than 240 days after the date 
        of the enactment of this subsection, the Secretary of State, in 
        consultation with the Secretary of Homeland Security, shall 
        designate refugee application and processing centers outside 
        the United States.
            ``(2) Locations.--The Secretary of State shall establish--
                    ``(A) 1 refugee application and processing center 
                in Mexico; and
                    ``(B) not fewer than 3 refugee application and 
                processing centers in Central America at locations 
                selected by the Secretary of State, in consultation 
                with the Secretary of Homeland Security.
            ``(3) Duties of secretary of state.--The Secretary of 
        State, in coordination with the Secretary of Homeland Security, 
        shall ensure that any alien who is a national or habitual 
        resident of a country in which a refugee application and 
        processing center is located, or a country contiguous to such a 
        country, may apply for refugee status at a refugee application 
        and processing center in that country.
            ``(4) Adjudication by asylum officers.--An application for 
        refugee status submitted to a refugee application and 
        processing center shall be adjudicated by a asylum officer.
            ``(5) Priority.--The Secretary of State shall ensure that 
        refugee application and processing centers accord priority to 
        applications submitted--
                    ``(A) by aliens who have been referred by an 
                authorized nongovernmental organization, as determined 
                by the Secretary of State;
                    ``(B) not later than 90 days after the date on 
                which such referral is made; and
                    ``(C) in accordance with the requirements and 
                procedures established by the Secretary of State under 
                this subsection.
            ``(6) Number of referrals and grants of admission for 
        refugees.--The admission to the United States of refugees under 
        this subsection shall be subject to the limitations, including 
        the numerical limitations, under this section.
            ``(7) Application fees.--
                    ``(A) In general.--The Secretary of State and the 
                Secretary of Homeland Security shall charge, collect, 
                and account for fees prescribed by each such Secretary 
                pursuant to subsections (m) and (n) of section 286 and 
                section 9701 of title 31, United States Code, for the 
                purpose of receiving, docketing, processing, and 
                adjudicating an application under this subsection.
                    ``(B) Basis for fees.--The fees prescribed under 
                subparagraph (A) shall be based on a consideration of 
                the amount necessary to deter frivolous applications 
                and the cost for processing the application, including 
                the implementation of program integrity and anti-fraud 
                measures.''.
    (c) Sunset.--The amendments made by this section shall cease to be 
effective beginning on the date that is three years and 240 days after 
the date of the enactment of this Act.

              TITLE IV--REPURPOSING FEDERAL DRUG PROGRAMS

SEC. 401. REAUTHORIZATION OF BLOCK GRANTS FOR PREVENTION AND TREATMENT 
              OF SUBSTANCE ABUSE.

    Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x-
35(a)) is amended by striking ``$1,858,079,000 for each of fiscal years 
2018 through 2022.'' and inserting ``$3,961,600,000 for each of fiscal 
years 2023 through 2027''.

SEC. 402. OFFSETTING REPEALS.

    (a) Substance Abuse Treatment Programs of Regional and National 
Significance.--Section 509 of the Public Health Service Act (42 U.S.C. 
290bb-2) is hereby repealed.
    (b) Drug-Free Communities Support Program.--Chapter 2 of subtitle A 
of title I of the National Narcotics Leadership Act of 1988 (21 U.S.C. 
1521 et seq.) is hereby repealed.
    (c) Community Mental Health Services Block Grant.--Subpart I of 
part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et 
seq.) is hereby repealed.
    (d) Grants for Jail Diversion Programs.--Section 520G of the Public 
Health Service Act (42 U.S.C. 290bb-38) is hereby repealed.
    (e) Project AWARE; Certified Community Behavioral Health Clinics 
Expansion Grants.--The Secretary of Health and Human Services shall 
terminate by the end of fiscal year 2022, and not establish any 
successor programs to, the following programs carried out under section 
520A of the Public Health Service Act (42 U.S.C. 290bb-32):
            (1) Project AWARE.
            (2) The Certified Community Behavioral Health Clinics 
        Expansion Grants program.
    (f) Priority Substance Use Disorder Prevention Needs of Regional 
and National Significance.--Section 516 of the Public Health Service 
Act (42 U.S.C. 290bb-22) is hereby repealed.
                                 <all>