What This Bill Does
This bill creates stronger criminal penalties and enforcement tools to fight seven named transnational criminal cartels and their members. It increases prison sentences for people involved with these cartels and allows the government to freeze assets, deny visas and seize money from those who work with them.
##
Who It Affects
People convicted of federal crimes connected to the named cartels, cartel members and their family members, naturalized U.S. citizens and permanent residents involved with cartels, foreign nationals who help cartels, banks and financial institutions, U.S. government agencies including Homeland Security and the Justice Department, and foreign governments that allow cartel activity.
##
Key Provisions
- Anyone convicted of certain federal crimes while participating in a designated cartel faces an additional 10 to 20 years in prison (Sec. 102)
- Members of cartels are banned from using U.S. banks and financial institutions (Sec. 202)
- The government seizes all assets of convicted cartel members and deposits 75 percent into accounts for Homeland Security and 25 percent into accounts for the Justice Department (Sec. 202)
- Cartel members and their first and second-degree family members are banned from entering the United States (Sec. 203)
- U.S. naturalized citizens involved with cartels can lose their citizenship and be deported (Sec. 204)
- Permanent residents involved with cartels lose their status and face removal proceedings (Sec. 204)
- The government can freeze all property and assets of foreign nationals who help cartels if those assets are in the U.S. or controlled by U.S. people (Sec. 208)
- Banks that knowingly do business with cartel members face civil penalties of at least $50,000 per violation (Sec. 209)
##
What Changes
The bill identifies seven specific cartels: the Sinaloa Cartel, Jalisco New Generation Cartel, Beltran-Levya Cartel, Gulf Cartel, Los Zetas, Tijuana Cartel, and La Familia Michoacana/Knights Templar Cartel. Anyone convicted of crimes listed in the bill while working for these cartels faces mandatory increased prison time. Banks lose the ability to serve cartel members. The government gains authority to ban cartel members and their relatives from entering America. Naturalized citizens and permanent residents can be stripped of their status for cartel involvement. A new government task force coordinates international efforts against cartels.
##
Important Definitions
The bill defines "transnational criminal cartels" as the seven named organizations, their branches, and people knowingly helping them (Sec. 101). "First-degree family member" and "second-degree family member" take their definitions from existing federal regulations (Sec. 201).
##
Effective Date
Not specified in bill text
I
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 deter-
mined 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Declaring War on the Cartels Act of 2023’’.
5
(b) TABLE OF CONTENTS.—The table of contents for
6
this Act is as follows:
7
Sec. 1. Short title; table of contents.
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 713 IH
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 organi-
zations.
Sec. 207. Sanctions on foreign governments found to facilitate transnational
criminal cartels.
Sec. 208. Sanctions on foreign persons found to facilitate transnational crimi-
nal cartels.
Sec. 209. Penalties on financial institutions continuing to do business with
transnational criminal organizations.
TITLE I—TRANSNATIONAL
1
CRIMINAL CARTELS
2
SEC. 101. DEFINITIONS.
3
For the purpose of this title, the term ‘‘transnational
4
criminal cartel(s)’’ are used to indicate the organizations,
5
affiliates, and witting facilitators of the following:
6
(1) The Sinaloa Cartel.
7
(2) The Jalisco New Generation Cartel.
8
(3) The Beltran-Levya Cartel.
9
(4) The Gulf Cartel.
10
(5) The Los Zetas.
11
(6) The Tijuana Cartel.
12
(7) The La Familia Michoacana/Knights Tem-
13
plar Cartel.
14
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 713 IH
SEC. 102. PENALTY.
1
Notwithstanding any other provision of law, the sen-
2
tence of a person convicted of an offense described in sec-
3
tion 103 shall be increased by not less than 10 years and
4
up to 20 years if the offense is committed under the cir-
5
cumstances described in section 104.
6
SEC. 103. OFFENSES.
7
The offenses described in this section are—
8
(1) a Federal felony involving a controlled sub-
9
stance (as defined in section 102 of the Controlled
10
Substances Act (21 U.S.C. 802)) for which the max-
11
imum penalty is not less than 5 years;
12
(2) a Federal felony crime of violence that has
13
as an element the use or attempted use of physical
14
force against the person of another;
15
(3) a violation of United States customs laws,
16
specifically sections 542, 545, and 553 through 555,
17
of title 18, United States Code;
18
(4) a violation of sections 873 and 880 of title
19
18, United States Code;
20
(5) a violation of sections 922 and 931 of title
21
18, United States Code;
22
(6) a violation of sections 1001, 1002, and
23
1015 of title 18, United States Code;
24
(7) a violation of chapter 51 of title 18, United
25
States Code;
26
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 713 IH
(8) a violation of chapter 55 of title 18, United
1
States Code;
2
(9) a violation of section 1365 of title 18,
3
United States Code;
4
(10) a violation of sections 1425 through 1427
5
of title 18, United States Code;
6
(11) a violation of sections 1502 and 1510
7
through 1513 of title 18, United States Code;
8
(12) a violation of sections 1583 through 1585,
9
1589 through 1592, and 1597 of title 18, United
10
States Code;
11
(13) a violation of sections 2118 through 2119
12
of title 18, United States Code;
13
(14) a violation of section 2231 of title 18,
14
United States Code;
15
(15) a violation of sections 2241 through 2245
16
of title 18, United States Code;
17
(16) a violation of sections 2251 and 2251A of
18
title 18, United States Code;
19
(17) a violation of chapter 113 of title 18,
20
United States Code;
21
(18) a violation of sections 2421 through 2424,
22
of title 18, United States Code; and
23
(19) a conspiracy to commit an offense de-
24
scribed in paragraphs (1) through (18).
25
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 713 IH
SEC. 104. CIRCUMSTANCES.
1
The circumstances described in this section are that
2
the offense described in section 103 was committed by a
3
person who—
4
(1) participates in a transnational criminal car-
5
tel with knowledge that its members engage in or
6
have engaged in a continuing series of offenses de-
7
scribed in section 103;
8
(2) intends to promote or further the felonious
9
activities of the transnational criminal cartel or
10
maintain or increase his or her position in the
11
transnational criminal cartel; and
12
(3) has been convicted within the past 5 years
13
for—
14
(A) an offense described in subsection (c);
15
(B) a State offense—
16
(i) involving a controlled substance (as
17
defined in section 102 of the Controlled
18
Substances Act (21 U.S.C. 802)) for which
19
the maximum penalty is not less than 5
20
years’ imprisonment; or
21
(ii) that is a felony crime of violence
22
that has as an element the use or at-
23
tempted use of physical force against the
24
person of another;
25
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 713 IH
(C) any Federal or State felony offense
1
that by its nature involves a substantial risk
2
that physical force against the person of an-
3
other may be used in the course of committing
4
the offense; or
5
(D) a conspiracy to commit an offense de-
6
scribed in subparagraph (A), (B), or (C).
7
TITLE II—AUTHORITIES TO COM-
8
BAT TRANSNATIONAL CRIMI-
9
NAL CARTELS
10
SEC. 201. DEFINITIONS.
11
For purposes of this title:
12
(1) The term ‘‘first-degree family member’’ has
13
the meaning given such term in section 1635.3 of
14
title 29, Code of Federal Regulations (or any suc-
15
cessor thereto).
16
(2) The term ‘‘second-degree family member’’
17
has the meaning given such term in section 1635.3
18
of title 29, Code of Federal Regulations (or any suc-
19
cessor thereto).
20
SEC. 202. FINANCIAL.
21
(a) PROHIBITION ON USE OF FINANCIAL INSTITU-
22
TIONS.—Members of transnational criminal cartels shall
23
be prohibited from utilizing financial institutions located
24
in or doing business in the United States.
25
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
7
•HR 713 IH
(b) ASSET FORFEITURE.—Members convicted for in-
1
volvement in transnational criminal cartels shall forfeit all
2
assets associated with their involvement in transnational
3
criminal activity in accordance with the procedures under
4
section 981 of title 18, United States Code, except that
5
the assets seized and proceeds deriving therefrom shall be
6
deposited into a fund to be known as the ‘‘CARTEL
7
Fund’’.
8
(c) DISTRIBUTION
OF
FUNDS
FROM
ASSETS
9
SEIZED.—Amounts in the CARTEL Fund shall be dis-
10
tributed each fiscal year as follows:
11
(1) 75 percent of funds shall be distributed to
12
the Department of Homeland Security, to be distrib-
13
uted by the Secretary of Homeland Security to—
14
(A) Customs and Border Protection; and
15
(B) Immigrations and Customs Enforce-
16
ment.
17
(2) 25 percent of funds shall be distributed to
18
the Department of Justice, to be distributed by the
19
Attorney General to the Drug Enforcement Adminis-
20
tration.
21
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
8
•HR 713 IH
SEC.
203.
TRANSNATIONAL
CRIMINAL
CARTEL
AS
A
1
GROUND OF INADMISSIBILITY.
2
Section 212(a)(3) of the Immigration and Nationality
3
Act (8 U.S.C. 1182(a)(3)) is amended by adding at the
4
end the following:
5
‘‘(H) TRANSNATIONAL
CRIMINAL
CAR-
6
TEL.—Any alien who is a member or affiliate of
7
a transnational criminal cartel, and any first-
8
degree or second-degree family member of such
9
an alien. Terms used in this subparagraph have
10
the meanings given such terms in section
11
1635.3 of title 29 of the Code of Federal Regu-
12
lations (or any successor thereto).’’.
13
SEC. 204. PENALTIES FOR NATIONALS AND RESIDENTS FA-
14
CILITATING TRANSNATIONAL CARTELS.
15
(a) IN GENERAL.—The sentence of any national of
16
the United States convicted as an accessory of an offense
17
described in section 103 shall be increased by up to 15
18
years if the offense is committed under the circumstances
19
described in section 104.
20
(b) DENATURALIZATION.—A naturalized citizen of
21
the United States will be subject to the penalties described
22
in subsection (a) and may be subject to denaturalization,
23
pursuant to section 340(c) of the Immigration and Na-
24
tionality Act (8 U.S.C. 1451(c)).
25
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
9
•HR 713 IH
(c) REVOCATION.—Lawful permanent residents of
1
the United States will be subject to the penalties described
2
in subsection (a) and shall be subject to revocation of law-
3
ful permanent resident status and removal proceedings.
4
SEC. 205. FOREIGN GOVERNMENT COORDINATION.
5
The Secretary shall coordinate with the Secretary of
6
State to establish a working group to coordinate bi- and
7
multi-lateral efforts in countries or regions where des-
8
ignated transnational criminal organizations operate in
9
order to coordinate and direct efforts by the United States
10
and
other
governments
to
combat
and
contain
11
transnational crime.
12
SEC. 206. CONNECTIONS BETWEEN GOVERNMENTS AND
13
TRANSNATIONAL CRIMINAL ORGANIZATIONS.
14
Immigrations and Customs Enforcement Homeland
15
Security Investigations, in coordination with the Federal
16
Bureau of Investigations and other relevant United States
17
Governmental entities, shall—
18
(1) investigate governmental corruption and
19
any connections or coordination between foreign gov-
20
ernments where transnational criminal cartels oper-
21
ate; and
22
(2) investigate governmental corruption and
23
any connection or coordination between State, local,
24
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
10
•HR 713 IH
Tribal, territorial government where transnational
1
criminal cartels operate.
2
SEC. 207. SANCTIONS ON FOREIGN GOVERNMENTS FOUND
3
TO FACILITATE TRANSNATIONAL CRIMINAL
4
CARTELS.
5
(a) SANCTIONS ON FOREIGN GOVERNMENTS.—Sanc-
6
tions described in subsection (b) may be applied to any
7
foreign government found to—
8
(1) facilitate a designated transnational crimi-
9
nal cartels by providing material support or re-
10
sources, as defined in section 2339A(b)(1) of title
11
18, United States Code;
12
(2) provide resources used by transnational
13
criminal cartels in the commission of their crimes
14
described in 203; or
15
(3) permit, or fail to take adequate measures to
16
prevent, transnational criminal cartel activity within
17
their territory.
18
(b) SANCTIONS DESCRIBED.—The President may
19
consider terminating assistance provided for under the
20
Foreign Assistance Act of 1961 (Public Law 87–195).
21
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
11
•HR 713 IH
SEC. 208. SANCTIONS ON FOREIGN PERSONS FOUND TO FA-
1
CILITATE TRANSNATIONAL CRIMINAL CAR-
2
TELS.
3
(a) SANCTIONS ON FOREIGN PERSONS.—Any foreign
4
person found to be facilitating a transnational criminal
5
cartel by providing material support or resources, as de-
6
fined in section 2339A(b)(1) of title 18, United States
7
Code, shall be subject to the sanctions described in sub-
8
section (b).
9
(b) SANCTIONS DESCRIBED.—
10
(1) IN GENERAL.—The President may, in ac-
11
cordance with the International Emergency Eco-
12
nomic Powers Act (50 U.S.C. 1701 et seq.), block
13
all transactions in all property and interests in prop-
14
erty of a foreign person described in subsection (a)
15
if such property and interests in property are in the
16
United States, come within the United States, or are
17
or come within the possession or control of a United
18
States person.
19
(2) PENALTIES.—A person that violates, at-
20
tempts to violate, conspires to violate, or causes a
21
violation of any prohibition imposed by the President
22
pursuant to paragraph (1) shall be subject to the
23
penalties set forth in subsections (b) and (c) of sec-
24
tion 206 of the International Emergency Economic
25
Powers Act (50 U.S.C. 1705) to the same extent as
26
VerDate Sep 11 2014
06:50 Feb 22, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
kjohnson on DSK79L0C42PROD with BILLS
12
•HR 713 IH
a person that commits an unlawful act described in
1
subsection (a) of that section.
2
(3) EXCLUSION
FROM
THE
UNITED
STATES
3
AND REVOCATION OF VISA OR OTHER DOCUMENTA-
4
TION.—In the case of an alien determined by the
5
President to be subject to subsection (a), the alien
6
shall be subject to denial of a visa to, and exclusion
7
from, the United States, and revocation in accord-
8
ance with section 221(i) of the Immigration and Na-
9
tionality Act (8 U.S.C. 1201(i)), of any visa or other
10
documentation of the alien.
11
(c) FOREIGN PERSON DEFINED.—In this section the
12
term ‘‘foreign person’’ means—
13
(1) any natural person who is not a lawful per-
14
manent resident, as defined by section 101(a)(20) of
15
the Immigration and Nationality Act
[Text truncated for display. Full text available on Congress.gov.]