110 HR 8561 IH: Stop the Cartels Act
U.S. House of Representatives
2022-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 8561
IN THE HOUSE OF REPRESENTATIVES
July 28, 2022
Mr. Davidson (for himself, Mr. Higgins of Louisiana, Mr. Tiffany, Mr. Perry, Mr. Norman, Mr. Jackson, Mr. Sessions, Mr. Cline, Ms. Granger, Mr. Banks, Mrs. Boebert, Mr. Hice of Georgia, and Mr. Buck) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), Foreign Affairs, Homeland Security, Oversight and Reform, Energy and Commerce, and Financial Services, 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 improve the collection of intelligence regarding activities by drug trafficking organizations in certain foreign countries, and for other purposes.
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.
I

Prioritizing Intelligence Gathering on Drug Trafficking Organizations
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.
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.
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.
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.
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.
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.
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.
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).
II

Eliminating Funding for Cartel Safe Harbor Jurisdictions
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).
III

Targeting Cartel Human Trafficking at the Border
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).”.
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.”.
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.
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.
IV

Repurposing Federal Drug Programs
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”.
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.