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