87 HR 713 IH: Declaring War on the Cartels Act of 2023
U.S. House of Representatives
2023-02-01
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EN
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I
118th CONGRESS
1st Session
H. R. 713
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.
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.
I

TRANSNATIONAL CRIMINAL CARTELS
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.
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.
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).
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).
II

AUTHORITIES TO COMBAT TRANSNATIONAL CRIMINAL CARTELS
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).
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.
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).”.
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.
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.
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.
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).
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).
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.