Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021
Bill: H.R.88 | Sponsor: Rep. Duncan, Jeff (R-SC)
Policy area: Crime and Law Enforcement

Summary:
Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021
This bill directs certain amounts from the Department of Justice (DOJ) Assets Forfeiture Fund to the deployment of additional border security measures.
Specifically, DOJ must report annually on the amount of total deposits into the fund that are derived from Mexican cartels. The bill makes available 50% of that amount for the construction of additional physical barriers and roads near the border to deter illegal crossings into the United States.
Additionally, the bill prohibits the release of seized currency or contraband that likely belongs to or supports a foreign illegal trafficking organization while a civil forfeiture action is pending.

To amend section 524(c) of title 18, United States Code, to use 
     lawfully forfeited drug seizures to increase border security.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Build up Illegal Line Defenses with 
Assets Lawfully Lifted Act of 2021''.

SEC. 2. RESERVATION OF PORTION OF FORFEITS IN THE DEPARTMENT OF JUSTICE 
              CIVIL ASSET FORFEITURE FUND FOR BUILDING A PHYSICAL 
              BARRIER OR ADVANCED TECHNOLOGY TO PREVENT ILLEGAL ENTRY 
              OVER OUR SOUTHERN BORDER.

    Section 524(c) of title 28, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, except as provided 
        in paragraph (12),'' before ``be available to the Attorney 
        General''; and
            (2) by adding at the end the following:
            ``(12)(A) Not later than on December 1 of each year, the 
        Attorney General shall report to Congress the total of any 
        funds in the Fund as of October 1 which are derived from 
        Mexican cartels.
            ``(B) The Attorney General shall conduct an ongoing study 
        with a view to deriving more funds than have historically been 
        the case for the Fund from Mexican cartels. The Attorney 
        General shall report from time to time to Congress any 
        suggestions found through the study. The first such report 
        shall be transmitted not later than 180 days after the date of 
        the enactment of this paragraph.
            ``(C) An amount equal to 50 percent of the total reported 
        under subsection (a) shall be made available without fiscal 
        year limitation to install additional physical barriers and 
        roads (including the removal of obstacles to detection of 
        illegal entrants) in the vicinity of the United States border 
        to deter illegal crossings in areas of high illegal entry into 
        the United States.''.

SEC. 3. LIMITATION ON RELEASE OF PROPERTY.

    Section 983(f)(8) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) is currency or contraband likely to belong to 
                or used in support of a foreign, illegal trafficking 
                organization.''.
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