What This Bill Does
This bill stops people who are charged with or convicted of human trafficking or drug trafficking crimes near the U.S. border from getting federal benefits. If someone is charged with these crimes, they lose eligibility for federal money and benefits right away. If the charges are dismissed or they are found not guilty, the ban ends and the government pays back any benefits they missed.
Who It Affects
Individuals who are indicted for, charged with, or convicted of human trafficking or drug trafficking offenses committed at or near the U.S. border or in U.S. waters. Federal agencies that distribute benefits like grants, loans, professional licenses, welfare, Social Security, health benefits, disability benefits, veterans benefits and public housing.
Key Provisions
• Individuals charged with or convicted of human trafficking or drug trafficking crimes at the U.S. border or in U.S. territorial waters lose eligibility for all federal benefits immediately (Sec. 1(b)).
• Federal benefits include grants, contracts, loans, professional licenses, commercial licenses and benefits like retirement, welfare, Social Security, health, disability, veterans and public housing (Sec. 1(a)(3)).
• If all charges are dismissed or the person is found not guilty, the ban on federal benefits ends and the government must pay back any money benefits the person missed while ineligible (Sec. 1(c)).
What Changes
Federal agencies must deny or stop federal benefits to anyone charged with or convicted of these trafficking crimes. If charges are dropped or the person is acquitted, agencies must restore benefits and repay any money benefits that were withheld.
Important Definitions
"Covered trafficking offense" means human trafficking or drug trafficking crimes where part of the crime happened at a U.S. international border or in U.S. territorial waters. "Drug trafficking offense" means any federal crime that includes distributing a controlled substance. "Human trafficking offense" means specific crimes listed in federal law involving human trafficking or smuggling.
II
118TH CONGRESS
1ST SESSION
S. 519
To prohibit individuals charged with or convicted of human trafficking or
drug trafficking offenses committed near the border of the United States
from receiving Federal benefits.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 2023
Mrs. BLACKBURN (for herself, Mrs. HYDE-SMITH, Mrs. BRITT, Mr. BRAUN,
and Mr. ROUNDS) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Af-
fairs
A BILL
To prohibit individuals charged with or convicted of human
trafficking or drug trafficking offenses committed near
the border of the United States from receiving Federal
benefits.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. PROHIBITION ON FEDERAL BENEFITS FOR
3
HUMAN
TRAFFICKERS
AND
DRUG
TRAF-
4
FICKERS.
5
(a) DEFINITIONS.—In this section—
6
VerDate Sep 11 2014
04:35 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S519.IS
S519
kjohnson on DSK79L0C42PROD with BILLS
2
•S 519 IS
(1) the term ‘‘covered trafficking offense’’
1
means a human trafficking offense or a drug traf-
2
ficking offense for which any portion of the course
3
of conduct constituting the human trafficking of-
4
fense or drug trafficking offense occurred at an
5
international border of the United States or within
6
the territorial waters of the United States;
7
(2) the term ‘‘drug trafficking offense’’ means
8
any Federal offense that includes as an element of
9
the offense the distribution of a controlled substance
10
(as defined in section 102 of the Controlled Sub-
11
stances Act (21 U.S.C. 802));
12
(3) the term ‘‘Federal benefit’’—
13
(A) means the issuance of any grant, con-
14
tract, loan, professional license, or commercial
15
license provided by an agency of the United
16
States or by appropriated funds of the United
17
States; and
18
(B) includes any retirement, welfare, So-
19
cial Security, health, disability, veterans, public
20
housing, or other similar benefit; and
21
(4) the term ‘‘human trafficking offense’’
22
means an offense under—
23
VerDate Sep 11 2014
04:35 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S519.IS
S519
kjohnson on DSK79L0C42PROD with BILLS
3
•S 519 IS
(A) section 1581, 1583, 1584, 1589, 1590,
1
1591, 2251A, 2421, 2422, or 2423 of title 18,
2
United States Code; or
3
(B) section 274(a) of the Immigration and
4
Nationality Act (8 U.S.C. 1324(a)).
5
(b) PROHIBITION ON BENEFITS.—An individual who
6
is indicted for, charged in an information with, or con-
7
victed of a covered trafficking offense shall be ineligible
8
for any Federal benefit.
9
(c) TERMINATION OF PROHIBITION FOR INDIVID-
10
UALS NOT CONVICTED.—If, for each covered trafficking
11
offense with which an individual is charged, the charge
12
is dismissed or the individual is found not guilty of the
13
covered trafficking offense—
14
(1) the ineligibility of the individual for any
15
Federal benefit under subsection (b) shall terminate;
16
and
17
(2) the Federal Government shall pay to the in-
18
dividual any pecuniary Federal benefit that was not
19
paid to the individual because the individual was in-
20
eligible for the Federal benefit under subsection (b).
21
Æ
VerDate Sep 11 2014
04:35 Mar 07, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\S519.IS
S519
kjohnson on DSK79L0C42PROD with BILLS