What This Bill Does
This bill directs the federal government to set aside money seized from drug traffickers and use it for border security. Specifically, it reserves money forfeited from Joaquin Archivaldo Guzman Loera (known as "El Chapo") and other cartel members convicted in federal court. This money would go toward security measures along the U.S.-Mexico border, including building a border wall.
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Who It Affects
This bill affects the federal government and its agencies that handle seized criminal assets. It does not directly require action from private citizens or businesses.
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Key Provisions
- Money illegally obtained by El Chapo's criminal drug trafficking operation and forfeited to the U.S. Government after his federal conviction must be reserved for border security measures and wall completion between the U.S. and Mexico. (Sec. 2)
- Money criminally forfeited from any drug cartel member convicted in federal court for distributing controlled substances intended to be illegally imported into the United States must be reserved for border security measures and wall completion. (Sec. 3)
- These reserved funds serve the purpose of reducing illegal narcotics flowing into the U.S. and strengthening national security. (Sec. 2 and Sec. 3)
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What Changes
If this bill becomes law, seized money from El Chapo's case and other cartel members' convictions cannot be used for other purposes. Instead, that money would be dedicated specifically to border security and wall construction projects.
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Important Definitions
- Drug cartel: An individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing controlled substances with the intent and knowledge that those substances would be illegally imported into the U.S. from outside the country.
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I
118TH CONGRESS
1ST SESSION H. R. 1793
To reserve any amounts forfeited to the United States Government as a
result of the criminal prosecution of Joaquin Archivaldo Guzman Loera
(commonly known as ‘‘El Chapo’’), or of other felony convictions involv-
ing the transportation of controlled substances into the United States,
for security measures along the Southern border, including the comple-
tion of a border wall.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 2023
Mr. SELF (for himself, Mr. MOORE of Alabama, Mrs. LUNA, Mr. DUNCAN,
Mr. BRECHEEN, Mr. HIGGINS of Louisiana, Mr. POSEY, Mr. ROY, and
Mr. GOODEN of Texas) introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To reserve any amounts forfeited to the United States Gov-
ernment as a result of the criminal prosecution of Joa-
quin Archivaldo Guzman Loera (commonly known as ‘‘El
Chapo’’), or of other felony convictions involving the
transportation of controlled substances into the United
States, for security measures along the Southern border,
including the completion of a border wall.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 1793 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ensuring Lawful Col-
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lection of Hidden Assets to Provide Order Act’’ or the
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‘‘EL CHAPO Act’’.
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SEC. 2. USE OF CERTAIN FORFEITED CRIMINAL PROCEEDS
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FOR BORDER SECURITY MEASURES.
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Notwithstanding any other provision of law, any ille-
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gally obtained profits resulting from any criminal drug
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trafficking enterprise led by Joaquin Archivaldo Guzman
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Loera (commonly known as ‘‘El Chapo’’), which are crimi-
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nally forfeited to the United States Government as a re-
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sult of the conviction of Mr. Guzman Loera in Federal
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district court, shall be reserved for security measures
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along the border between the United States and Mexico,
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including the completion of a wall along such border, for
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the purpose of stemming the flow of illegal narcotics into
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the United States and furthering the Nation’s security.
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SEC. 3. USE OF FORFEITED CRIMINAL PROCEEDS OF
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OTHER CONVICTED CARTEL MEMBERS.
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Notwithstanding any other provision of law, any
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funds that are criminally forfeited to the United States
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Government as the result of a felony conviction in a Fed-
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eral district court of a member of a drug cartel—an indi-
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vidual engaging in a continuing criminal enterprise involv-
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ing knowingly and intentionally distributing a controlled
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substance, intending and knowing that such substance
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•HR 1793 IH
would be unlawfully imported into the United States from
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a place outside of the United States—shall be reserved
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for security measures along the border between the United
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States and Mexico, including the completion of a wall
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along such border, for the purpose of stemming the flow
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of illegal narcotics into the United States and furthering
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the Nation’s security.
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Æ
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