Federal

Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2023

Source: Congress.gov · 583 words in original text

What This Bill Does

This bill changes how the federal government uses money seized from drug crimes. It requires the Attorney General to set aside 50 percent of funds obtained from Mexican cartels and use that money to build physical barriers and roads near the U.S. border to prevent illegal entry. ##

Who It Affects

The Attorney General of the United States directly implements the changes required by this bill. Congress receives reports about the seized funds. Border security operations are indirectly affected through the new funding source. ##

Key Provisions

- The Attorney General must report to Congress each year by December 1 about the total amount of seized funds from Mexican cartels held as of October 1 (Sec. 2) - The Attorney General must conduct an ongoing study to find ways to seize more funds from Mexican cartels and report findings to Congress, with the first report due 180 days after this law passes (Sec. 2) - Half of the funds seized from Mexican cartels must be used without time limits to build physical barriers, roads and remove obstacles near the U.S. border in areas with high illegal crossings (Sec. 2) - Property that is currency or contraband likely belonging to or supporting a foreign illegal trafficking organization cannot be released back to its owner (Sec. 3) ##

What Changes

The government now must reserve half of forfeited funds from Mexican cartels specifically for border barrier construction rather than making those funds available for general Attorney General use. The government also gains authority to withhold currency and contraband tied to foreign trafficking organizations. ##

Important Definitions

Civil asset forfeiture: when the government seizes property believed connected to illegal activity. Contraband: items illegal to own or possess. ##

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 776 To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2023 Mr. DUNCAN (for himself, Mrs. HARSHBARGER, Mr. NORMAN, Mrs. MILLER of Illinois, Mr. GOSAR, Mr. MOONEY, Mr. MOORE of Alabama, Mr. POSEY, Mr. ZINKE, and Mr. CARTER of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Build up Illegal Line 4 Defenses with Assets Lawfully Lifted Act of 2023’’. 5 VerDate Sep 11 2014 05:57 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H776.IH H776 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 776 IH SEC. 2. RESERVATION OF PORTION OF FORFEITS IN THE 1 DEPARTMENT OF JUSTICE CIVIL ASSET FOR- 2 FEITURE FUND FOR BUILDING A PHYSICAL 3 BARRIER OR ADVANCED TECHNOLOGY TO 4 PREVENT ILLEGAL ENTRY OVER OUR SOUTH- 5 ERN BORDER. 6 Section 524(c) of title 28, United States Code, is 7 amended— 8 (1) in paragraph (1), by inserting ‘‘, except as 9 provided in paragraph (12),’’ before ‘‘be available to 10 the Attorney General’’; and 11 (2) by adding at the end the following: 12 ‘‘(12)(A) Not later than on December 1 of each 13 year, the Attorney General shall report to Congress 14 the total of any funds in the Fund as of October 1 15 which are derived from Mexican cartels. 16 ‘‘(B) The Attorney General shall conduct an on- 17 going study with a view to deriving more funds than 18 have historically been the case for the Fund from 19 Mexican cartels. The Attorney General shall report 20 from time to time to Congress any suggestions found 21 through the study. The first such report shall be 22 transmitted not later than 180 days after the date 23 of the enactment of this paragraph. 24 ‘‘(C) An amount equal to 50 percent of the 25 total reported under subsection (a) shall be made 26 VerDate Sep 11 2014 05:57 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H776.IH H776 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 776 IH available without fiscal year limitation to install ad- 1 ditional physical barriers and roads (including the 2 removal of obstacles to detection of illegal entrants) 3 in the vicinity of the United States border to deter 4 illegal crossings in areas of high illegal entry into 5 the United States.’’. 6 SEC. 3. LIMITATION ON RELEASE OF PROPERTY. 7 Section 983(f)(8) of title 18, United States Code, is 8 amended— 9 (1) by striking ‘‘or’’ at the end of subparagraph 10 (C); 11 (2) by striking the period at the end of sub- 12 paragraph (D) and inserting ‘‘; or’’; and 13 (3) by adding at the end the following: 14 ‘‘(E) is currency or contraband likely to 15 belong to or used in support of a foreign, illegal 16 trafficking organization.’’. 17 Æ VerDate Sep 11 2014 05:57 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H776.IH H776 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.