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Stop the Cartels Act
Introduced Jan 27, 2023 · Last action Feb 27, 2023 — Referred to the Subcommittee on the National Intelligence Enterprise.
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Summary
This legislation is called the Stop the Cartels Act. Referred to the Subcommittee on the National Intelligence Enterprise.
Full bill text
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 597 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 597
To improve the collection of intelligence regarding activities by drug
trafficking organizations in certain foreign countries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2023
Mr. Davidson (for himself, Mr. Cline, Mr. Good of Virginia, Mr.
Donalds, Mr. Higgins of Louisiana, Mr. Banks, Ms. Granger, Mr. Buck,
Mrs. Boebert, Mr. Gosar, Mr. Sessions, Mr. Norman, Mr. Jackson of
Texas, Mr. Perry, Mr. Tiffany, Mrs. Miller of Illinois, Mr. Babin, Mr.
Carl, Mr. Duncan, Mr. Van Drew, Mr. Loudermilk, Mr. Alford, Mr. Wilson
of South Carolina, Mr. Ogles, Mr. LaMalfa, Ms. De La Cruz, Mr. Ezell,
Mr. Gimenez, Mr. Webster of Florida, Mr. Rouzer, Mr. Moore of Alabama,
Mr. Bergman, Mr. Allen, Mr. Gooden of Texas, and Mr. Mann) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Intelligence (Permanent
Select), Foreign Affairs, Homeland Security, Oversight and
Accountability, Energy and Commerce, and Financial Services, 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 improve the collection of intelligence regarding activities by drug
trafficking organizations in certain foreign countries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop the Cartels
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PRIORITIZING INTELLIGENCE GATHERING ON DRUG TRAFFICKING
ORGANIZATIONS
Sec. 101. Assessment of activities by drug trafficking organizations in
covered foreign countries.
Sec. 102. Assessment of human trafficking and smuggling from covered
foreign countries to the United States-
Mexico border.
Sec. 103. Prioritization of intelligence resources for covered foreign
countries.
Sec. 104. Resolving intelligence sharing and cooperation agreements.
Sec. 105. Review of Mexico and United States bilateral cooperation.
Sec. 106. Designation of certain drug cartels as Special Transnational
Criminal Organization.
Sec. 107. Monthly Department of Homeland Security reports on migrants.
Sec. 108. Definitions.
TITLE II--ELIMINATING FUNDING FOR CARTEL SAFE HARBOR JURISDICTIONS
Sec. 201. Ineligibility for Federal grants of certain jurisdictions
that violate the immigration laws.
TITLE III--TARGETING CARTEL HUMAN TRAFFICKING AT THE BORDER
Sec. 301. Ending family separation and protection of minors.
Sec. 302. Stopping asylum fraud.
Sec. 303. Hiring authority.
Sec. 304. Refugee application and processing centers.
TITLE IV--REPURPOSING FEDERAL DRUG PROGRAMS
Sec. 401. Reauthorization of block grants for prevention and treatment
of substance abuse.
Sec. 402. Offsetting repeals.
TITLE I--PRIORITIZING INTELLIGENCE GATHERING ON DRUG TRAFFICKING
ORGANIZATIONS
SEC. 101. ASSESSMENT OF ACTIVITIES BY DRUG TRAFFICKING ORGANIZATIONS IN
COVERED FOREIGN COUNTRIES.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director of National Intelligence, in coordination
with the Chief of Intelligence of the Drug Enforcement Administration
and the Assistant Secretary of State for Intelligence and Research,
shall submit to the appropriate congressional committees a report
containing an analytical assessment of the activities of drug
trafficking organizations in covered foreign countries. Such assessment
shall include, at a minimum--
(1) an assessment of the effect of drug trafficking
organizations on the security and economic situation in covered
foreign countries;
(2) an assessment of the effect of the activities of drug
trafficking organizations on the migration of persons from
covered foreign countries to the United States-Mexico border;
(3) a summary of any relevant activities by elements of the
intelligence community in relation to drug trafficking
organizations in covered foreign countries and Mexico;
(4) a summary of key methods and routes used by drug
trafficking organizations in covered foreign countries and
Mexico to the United States;
(5) an assessment of the intersection between the
activities of drug trafficking organizations, human traffickers
and human smugglers, and other organized criminal groups in
covered foreign countries; and
(6) an assessment of the illicit funds and financial
transactions that support the activities of drug trafficking
organizations and connected criminal enterprises in covered
foreign countries.
(b) Form.--The report required by subsection (a) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
(c) Availability.--The report under subsection (a), or the
unclassified summary of the report described in subsection (b), shall
be made publicly available.
SEC. 102. ASSESSMENT OF HUMAN TRAFFICKING AND SMUGGLING FROM COVERED
FOREIGN COUNTRIES TO THE UNITED STATES-MEXICO BORDER.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis and the Assistant Secretary of State for
Intelligence and Research, shall submit to the appropriate
congressional committees a report containing an analytical assessment
of human trafficking and human smuggling by individuals and
organizations in covered foreign countries. Such assessment shall
include, at a minimum--
(1) an assessment of the effect of human trafficking and
human smuggling on the security and economic situation in
covered foreign countries;
(2) a summary of any relevant activities by elements of the
intelligence community in relation to human trafficking and
human smuggling in covered foreign countries;
(3) an assessment of the methods and routes used by human
traffickers and human smuggler organizations to move persons
from covered foreign countries to the United States-Mexico
border;
(4) an assessment of the intersection between the
activities of human traffickers and human smugglers, drug
trafficking organizations, and other organized criminal groups
in covered foreign countries; and
(5) an assessment of the illicit funds and financial
transactions that support the activities of human traffickers
and human smugglers and connected criminal enterprises in
covered foreign countries.
(b) Form.--The report required by subsection (a) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
(c) Availability.--The report under subsection (a), or the
unclassified summary of the report described in subsection (b), shall
be made publicly available.
SEC. 103. PRIORITIZATION OF INTELLIGENCE RESOURCES FOR COVERED FOREIGN
COUNTRIES.
(a) Review of Intelligence Community Efforts in Covered Foreign
Countries.--The Director of National Intelligence, in coordination with
the Under Secretary of Homeland Security for Intelligence and Analysis,
the Assistant Secretary of State for Intelligence and Research, the
Chief of Intelligence of the Drug Enforcement Administration, and other
appropriate officials in the intelligence community, shall carry out a
comprehensive review of the current intelligence collection priorities
of the intelligence community for covered foreign countries in order to
identify whether such priorities are appropriate and sufficient in
light of the threat posed by the activities of drug trafficking
organizations and human traffickers and human smugglers to the security
of the United States and the Western Hemisphere.
(b) Reports.--
(1) Report on initial review.--Not later than 120 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a comprehensive description of the
results of the review required by subsection (a), including
whether the priorities described in that subsection are
appropriate and sufficient in light of the threat posed by the
activities of drug trafficking organizations and human
traffickers and human smugglers to the security of the United
States and the Western Hemisphere. If the report concludes that
such priorities are not so appropriate and sufficient, the
report shall also include a description of the actions to be
taken to modify such priorities in order to assure that such
priorities are so appropriate and sufficient.
(2) Quarterly reports.--Not later than 90 days after the
date on which the report under paragraph (1) is submitted, and
every 90 days thereafter for a 5-year period, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report on the intelligence
community's collection priorities and activities in covered
foreign countries with a focus on the threat posed by the
activities of drug trafficking organizations and human
traffickers and human smugglers to the security of the United
States and the Western Hemisphere. The first report under this
paragraph shall also include a description of the amount of
funds expended by the intelligence community to the efforts
described in subsection (a) during each of fiscal years 2021
and 2022.
(c) Form.--The reports required by subsection (b) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
SEC. 104. RESOLVING INTELLIGENCE SHARING AND COOPERATION AGREEMENTS.
None of the amounts appropriated to the Department of State to
combat the threats of drug trafficking, transnational organized crime,
and money laundering or appropriated to the United States Agency for
International Development may be made available to the Mexican federal
government or its subsidiaries until the Secretary of State certifies
to Congress that Mexico has removed all barriers to bilateral
cooperation created after December 2020 that have hindered law
enforcement cooperation and intelligence-sharing between United States
and Mexican law enforcement agencies, including the implementation of
the Foreign Agents law and the limits that have been placed on issuing
visas to United States law enforcement personnel.
SEC. 105. REVIEW OF MEXICO AND UNITED STATES BILATERAL COOPERATION.
(a) Plan To Reestablish Bilateral Security Meetings.--Not later
than 60 days after the date of the enactment of this Act, the Secretary
of State, in consultation with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate congressional
committees a plan and timeline to reestablish regular bilateral
security meetings between appropriate high-level and working-level
officials of the Governments of the United States and Mexico that serve
as a forum to align and reconcile priorities between the United States
and Mexico and to periodically assess progress for bilateral
cooperation. The plan shall include possible areas of cooperation at
the Federal, State, and local levels with United States goals for
assistance.
(b) Comprehensive Review.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, in
consultation with the heads of other relevant Federal departments and
agencies, shall submit a report to appropriate congressional committees
that--
(1) provides a review of programs, projects, and activities
implemented as part of either the Merida Initiative or The
Bicentennial Framework; and
(2) includes--
(A) evaluations, assessments, or other analyses, as
appropriate;
(B) successes, challenges, and lessons learned in
achieving program outcomes and United States policy
goals;
(C) recommendations to change investment levels in
specific projects; and
(D) to the extent practicable, an assessment of the
effect, if any, of Mexico's Foreign Agents law on
bilateral security cooperation with the Department of
State, the United States Agency for International
Development, and the Department of Justice.
SEC. 106. DESIGNATION OF CERTAIN DRUG CARTELS AS SPECIAL TRANSNATIONAL
CRIMINAL ORGANIZATION.
(a) Designation.--
(1) In general.--The Secretary is authorized to designate
an organization as a foreign Special Transnational Criminal
Organization in accordance with this subsection if the
Secretary finds that--
(A) the organization is a foreign organization;
(B) the organization is a self-perpetuating
association of individuals who operate transnationally
for the purpose of obtaining power, influence,
monetary, or commercial gains, wholly or in part by
illegal means, while protecting their activities
through a pattern of corruption or violence or through
a transnational organization structure and the
exploitation of transnational commerce or communication
mechanisms; and
(C) the organization threatens the security of
United States nationals or the national security of the
United States.
(2) Procedure.--
(A) Notice.--
(i) To congressional leaders.--Seven days
before making a designation under this
subsection, the Secretary shall, by classified
communication, notify the Speaker and minority
leader of the House of Representatives, the
President pro tempore, majority leader, and
minority leader of the Senate, and the members
of the relevant committees of the House of
Representatives and the Senate, in writing, of
the intent to designate an organization under
this subsection, together with the findings
made under paragraph (1) with respect to that
organization, and the factual basis therefor.
(ii) Publication in federal register.--The
Secretary shall publish the designation in the
Federal Register seven days after providing the
notification under clause (i).
(B) Effect of designation.--For purposes of section
2339B of title 18, United States Code--
(i) an organization designated as a foreign
Special Transnational Criminal Organization
shall be treated as an organization subject to
such section for purposes of such section; and
(ii) a designation under this subsection
shall take effect for such purposes upon
publication under subparagraph (A)(ii).
(C) Freezing of assets.--Upon notification under
paragraph (2)(A)(i), the Secretary of the Treasury may
require United States financial institutions possessing
or controlling any assets of any foreign organization
included in the notification to block all financial
transactions involving those assets until further
directive from either the Secretary of the Treasury,
Act of Congress, or order of court.
(3) Record.--
(A) In general.--In making a designation under this
subsection, the Secretary shall create an
administrative record.
(B) Classified information.--The Secretary may
consider classified information in making a designation
under this subsection. Classified information shall not
be subject to disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).
(4) Period of designation.--
(A) In general.--A designation under this
subsection shall be effective until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c).
(B) Review of designation upon petition.--
(i) In general.--The Secretary shall review
the designation of a foreign Special
Transnational Criminal Organization under the
procedures set forth in clauses (iii) and (iv)
if the designated organization files a petition
for revocation within the petition period
described in clause (ii).
(ii) Petition period.--For purposes of
clause (i)--
(I) if the designated organization
has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after
the date on which the designation was
made; or
(II) if the designated organization
has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after
the date of the determination made
under clause (iv) on that petition.
(iii) Procedures.--Any foreign Special
Transnational Criminal Organization that
submits a petition for revocation under this
subparagraph must provide evidence in that
petition that the relevant circumstances
described in paragraph (1) are sufficiently
different from the circumstances that were the
basis for the designation such that a
revocation with respect to the organization is
warranted.
(iv) Determination.--
(I) In general.--Not later than 180
days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
(IV) Procedures.--Any revocation by
the Secretary shall be made in
accordance with paragraph (6).
(C) Other review of designation.--
(i) In general.--If the Secretary
determines that a 5-year period has elasped
since the designation without a review having
taken place under subparagraph (B), the
Secretary shall review the designation of the
foreign Special Transnational Criminal
Organization in order to determine whether such
designation should be revoked pursuant to
paragraph (6).
(ii) Procedures.--If a review does not take
place pursuant to subparagraph (B) in response
to a petition for revocation that is filed in
accordance with that subparagraph, then the
review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.
(5) Revocation by act of congress.--The Congress, by an Act
of Congress, may block or revoke a designation made under
paragraph (1).
(6) Revocation based on change in circumstances.--
(A) In general.--The Secretary may revoke a
designation made under paragraph (1) at any time, and
shall revoke a designation upon completion of a review
conducted pursuant to subparagraphs (B) and (C) of
paragraph (4) if the Secretary finds that--
(i) the circumstances that were the basis
for the designation have changed in such a
manner as to warrant revocation; or
(ii) the national security of the United
States warrants a revocation.
(B) Procedure.--The procedural requirements of
paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effective
date is specified.
(7) Effect of revocation.--The revocation of a designation
under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct occurring prior to the effective
date of such revocation.
(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective under
paragraph (2)(B) a defendant in a criminal action or an alien
in a removal proceeding shall not be permitted to raise any
question concerning the validity of the issuance of such
designation as a defense or an objection at any trial or
hearing.
(b) Amendments to a Designation.--
(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and (C)
of subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended
designation.
(3) Administrative record.--The administrative record shall
be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).
(c) Judicial Review of Designation.--
(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated organization may seek judicial
review in the United States Court of Appeals for the District
of Columbia Circuit.
(2) Basis of review.--Review under this subsection shall be
based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
(3) Scope of review.--The Court shall hold unlawful and set
aside a designation, amended designation, or determination in
response to a petition for revocation the court finds to be--
(A) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law;
(B) contrary to constitutional right, power,
privilege, or immunity;
(C) in excess of statutory jurisdiction, authority,
or limitation, or short of statutory right;
(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
(E) not in accord with the procedures required by
law.
(4) Judicial review invoked.--The pendency of an action for
judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
(d) Definitions.--As used in this section--
(1) the term ``classified information'' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
(2) the term ``national security'' means the national
defense, foreign relations, or economic interests of the United
States;
(3) the term ``foreign organization'' includes a group of
persons or an organization whose leadership is primarily based
in a country outside of the United States;
(4) the term ``relevant committees'' means the Committees
on the Judiciary, Intelligence, and Foreign Relations of the
Senate and the Committees on the Judiciary, Intelligence, and
International Relations of the House of Representatives; and
(5) the term ``Secretary'' means the Secretary of State, in
consultation with the Secretary of the Treasury and the
Attorney General.
(e) Designation.--The Secretary shall designate the following
organizations as Special Transnational Criminal Organizations:
(1) Sinaloa Cartel.
(2) Jalisco New Generation Cartel.
(3) Beltran-Leyva Organization.
(4) Cartel del Noreste and Los Zetas.
(5) Guerreros Unidos.
(6) Gulf Cartel.
(7) Juarez Cartel and La Linea.
(8) La Familia Michoacana.
(9) Los Rojos.
SEC. 107. MONTHLY DEPARTMENT OF HOMELAND SECURITY REPORTS ON MIGRANTS.
Not later than the fifteenth day of the second full month after the
date of the enactment of this Act and not later than the fifteenth day
of each month thereafter, the Secretary of Homeland Security, acting
through the Commissioner of U.S. Customs and Border Protection (CBP),
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report relating to migrants. Each such report
shall cover the period of the immediately preceding month, and include
information relating to the following:
(1) The total number of U.S. Border Patrol apprehensions.
(2) The total number of inadmissible aliens encountered by
the Office of Field Operations (OFO) of CBP.
(3) The total number of migrants (including apprehensions
and inadmissibles under paragraphs (1) and (2), respectively)
voluntarily returned to Mexico.
(4) The total number of migrants placed into expedited
removal pursuant to section 235(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)).
(5) The total number of migrants placed into expedited
removal who claimed credible fear pursuant to section
235(b)(1)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)(ii)).
(6) The total number of migrants placed into expedited
removal who claimed credible fear pursuant to such section who
received a positive determination relating thereto.
(7) The total number of migrants who were detained by CBP.
(8) The total number of migrants whose detention was
transferred by CBP to U.S. Immigration and Customs Enforcement
(ICE).
(9) The total number of migrants paroled into the United
States pursuant to section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)).
(10) The total number of migrants released on bond into the
United States pursuant to section 236(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(A)).
(11) The total number of migrants released on their own
recognizance into the United States pursuant to section
236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1226(a)(2)(B)) or any other provision of such Act.
(12) The total number of migrants released on conditional
parole into the United States pursuant to section 236(a)(2)(B)
of the Immigration and Nationality Act (8 U.S.C.
1226(a)(2)(B)).
(13) The total number of migrants released on any other
ground, including specifications of which such grounds, into
the United States.
(14) The total number of migrants issued a Notice to
Appear.
(15) The total number of migrants issued a Notice to
Report.
(16) The total number of migrants released into the United
States to appear at an ICE Field Office.
(17) The total number of migrants released into the United
States to appear at an ICE Field Office who failed to appear.
(18) The total number of migrants released into the United
States to check-in at an ICE Field Office, whose appearance was
waived.
(19) The total number of migrants issued a Notice to Appear
who failed to appear at an Initial Master Calendar hearing.
(20) The total number of migrants issued a Notice to Appear
who failed to appear at an initial Master Calendar hearing who
were ordered removed from the United States.
SEC. 108. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate.
(2) Congressional intelligence committees.--The term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
(3) Covered foreign countries.--The term ``covered foreign
countries'' means Mexico, Guatemala, Honduras, Nicaragua, El
Salvador, Costa Rica, Panama, Belize, Argentina, Bolivia,
Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru,
Suriname, Uruguay, and Venezuela.
(4) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' by section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102).
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
TITLE II--ELIMINATING FUNDING FOR CARTEL SAFE HARBOR JURISDICTIONS
SEC. 201. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS
THAT VIOLATE THE IMMIGRATION LAWS.
(a) Ineligible Jurisdictions.--A State or unit of local government
is an ineligible jurisdiction for purposes of this section if that
State or unit of local government--
(1) violates section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373);
(2) otherwise restricts compliance with a detainer issued
by the Secretary of Homeland Security; or
(3) has any law or policy in effect that violates the
immigration laws.
(b) Annual Determination of Ineligible Jurisdictions.--Not later
than 1 year after the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security shall make a
determination as to whether each State or unit of local government is
an ineligible jurisdiction under subsection (a) and submit such
determinations to Congress.
(c) Prohibition on Federal Financial Assistance.--A State or unit
of local government that is determined to be an ineligible jurisdiction
may not receive any Federal financial assistance (as such term is
defined in section 7501(a)(5) of title 31, United States Code) for the
fiscal year following any fiscal year in which the Secretary of
Homeland Security determines that the State or unit of local government
is an ineligible jurisdiction under subsection (b).
TITLE III--TARGETING CARTEL HUMAN TRAFFICKING AT THE BORDER
SEC. 301. ENDING FAMILY SEPARATION AND PROTECTION OF MINORS.
(a) Promoting Family Unity.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) is amended by adding at the end the following:
``(j) Promoting Family Unity.--
``(1) Detention of alien minors.--
``(A) In general.--Notwithstanding any other
provision of law, judicial determination, consent
decree, or settlement agreement, the Secretary of
Homeland Security may detain any alien minor (other
than an unaccompanied alien child) who is inadmissible
to the United States under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) or
removable from the United States under section 237(a)
of that Act (8 U.S.C. 1227(a)) pending the completion
of removal proceedings, regardless of whether the alien
minor was previously an unaccompanied alien child.
``(B) Priority removal cases.--The Attorney General
shall--
``(i) prioritize the removal proceedings of
an alien minor, or a family unit that includes
an alien minor, detained under subparagraph
(A); and
``(ii) set a case completion goal of not
more than 100 days for such proceedings.
``(C) Detention and release decisions.--The
decision to detain or release an alien minor described
in subparagraph (A)--
``(i) shall be governed solely by sections
212(d)(5), 217, 235, 236, and 241 of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5), 1187, 1225, 1226, and 1231) and
implementing regulations or policies; and
``(ii) shall not be governed by standards,
requirements, restrictions, or procedures
contained in a judicial decree or settlement
relating to the authority to detain or release
alien minors.
``(2) Conditions of detention.--
``(A) In general.--Notwithstanding any other
provision of law, judicial determination, consent
decree, or settlement agreement, the Secretary of
Homeland Security shall determine, in the sole
discretion of the Secretary, the conditions of
detention applicable to an alien minor described in
paragraph (1)(A) regardless of whether the alien minor
was previously an unaccompanied alien child.
``(B) No judicial review.--A determination under
subparagraph (A) shall not be subject to judicial
review.
``(3) Rule of construction.--Nothing in this section--
``(A) affects the eligibility for bond or parole of
an alien; or
``(B) limits the authority of a court to hear a
claim arising under the Constitution of the United
States.
``(4) Preemption of state licensing requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, a State
may not require an immigration detention facility used to
detain families consisting of one or more children who have not
attained 18 years of age and the parents or legal guardians of
such children, that is located in the State, to be licensed by
the State or any political subdivision thereof.
``(5) Conditions of custody.--The Secretary of Homeland
Security shall ensure that each--
``(A) family residential facility is secure and
safe; and
``(B) alien child and accompanying parent at a
family residential facility has--
``(i) suitable living accommodations;
``(ii) access to drinking water and food;
``(iii) timely access to medical
assistance, including mental health assistance;
and
``(iv) access to any other service
necessary for the adequate care of a minor
child.
``(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.
``(k) Applicability of Consent Decrees, Settlements, and Judicial
Determinations.--
``(1) Flores settlement agreement inapplicable.--Any
conduct or activity that was, before the date of the enactment
of this subsection, subject to any restriction or obligation
imposed by the stipulated settlement agreement filed on January
17, 1997, in the United States District Court for the Central
District of California in Flores v. Reno, CV 85-4544-RJK,
(commonly known as the `Flores settlement agreement'), or
imposed by any amendment of that agreement or judicial
determination based on that agreement--
``(A) shall be subject to the restrictions and
obligations in subsection (j) or imposed by the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457); and
``(B) shall not be subject to the restrictions and
the obligations imposed by such settlement agreement or
judicial determination.
``(2) Other settlement agreements or consent decrees.--In
any civil action with respect to the conditions of detention of
alien children, the court shall not enter or approve a
settlement agreement or consent decree unless it complies with
the limitations set forth in subsection (j).''.
SEC. 302. STOPPING ASYLUM FRAUD.
(a) Standards To Deter Fraud and Advance Meritorious Asylum
Claims.--Section 235(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)) is amended--
(1) by amending clause (v) to read as follows:
``(v) Credible fear of persecution.--
``(I) In general.--For purposes of
this subparagraph, the term `credible
fear of persecution' means that it is
more likely than not that the alien
would be able to establish eligibility
for asylum under section 208--
``(aa) taking into account
such facts as are known to the
officer; and
``(bb) only if the officer
has determined, under
subsection (b)(1)(B)(iii) of
such section, that it is more
likely than not that the
statements made by the alien or
on behalf of the alien are
true.
``(II) Bars to asylum.--An alien
shall not be determined to have a
credible fear of persecution if the
alien is prohibited from applying for
or receiving asylum, including an alien
subject to a limitation or condition
under subsection (a)(2) or (b)(2)
(including a regulation promulgated
under such subsection) of section
208.''; and
(2) by adding at the end the following:
``(vi) Eligibility for relief.--
``(I) Credible fear review by
immigration judge.--An alien determined
to have a credible fear of persecution
shall be referred to an immigration
judge for review of such determination,
which shall be limited to a
determination whether the alien--
``(aa) is eligible for
asylum under section 208,
withholding of removal under
section 241(b)(3), or
protection under the Convention
Against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment, done
at New York, December 10, 1984
(referred to in this clause as
the `Convention Against
Torture)'; and
``(bb) merits a grant of
asylum in the exercise of
discretion.
``(II) Aliens with reasonable fear
of persecution.--
``(aa) In general.--Except
as provided in item (bb), if an
alien referred under
subparagraph (A)(ii) is
determined to have a reasonable
fear of persecution or torture,
the alien shall be eligible
only for consideration of an
application for withholding of
removal under section 241(b)(3)
or protection under the
Convention Against Torture.
``(bb) Exception.--An alien
shall not be eligible for
consideration of an application
for relief under item (aa) if
the failure of the alien to
establish a credible fear of
persecution precludes the alien
from eligibility for such
relief.
``(cc) Limitation.--An
alien whose application for
relief is adjudicated under
item (aa) shall not be eligible
for any other form of relief or
protection from removal.
``(vii) Ineligibility for removal
proceedings.--An alien referred under
subparagraph (A)(ii) shall not be eligible for
a hearing under section 240.''.
(b) Authority for Certain Aliens To Apply for Asylum.--Section
208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended by adding at the end the following:
``(F) Ineligibility for asylum.--
``(i) In general.--Notwithstanding any
other provision of law, including paragraph
(1), except as provided in clause (ii), an
alien is ineligible for asylum if the alien--
``(I) has been convicted of a
felony;
``(II) is inadmissible under
section 212(a) (except paragraphs (4),
(5), and (7));
``(III) has been previously removed
from the United States; or
``(IV) is a national or habitual
resident of--
``(aa) a country in Central
America that has a refugee
application and processing
center; or
``(bb) a country contiguous
to such a country (other than
Mexico).
``(ii) Exception.--Notwithstanding clause
(i), paragraph (1) shall not apply to any alien
who is present in the United States on the date
of the enactment of this subparagraph.''.
SEC. 303. HIRING AUTHORITY.
(a) Immigration Judges.--The Attorney General shall increase--
(1) the number of immigration judges by not fewer than an
additional 500 judges, as compared to the number of immigration
judges as of the date of the enactment of this Act; and
(2) the corresponding number of support staff, as
necessary.
(b) Immigration and Customs Enforcement Attorneys.--The Director of
U.S. Immigration and Customs Enforcement shall increase the number of
attorneys and staff employed by U.S. Immigration and Customs
Enforcement by the number that is consistent with the workload staffing
model to support the increase in immigration judges.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for--
(1) the hiring of immigration judges, support staff, and
U.S. Immigration and Customs Enforcement attorneys under this
section; and
(2) the lease, purchase, or construction of facilities or
equipment (including video teleconferencing equipment and
equipment for electronic filing of immigration cases), and the
transfer of federally owned temporary housing units to serve as
facilities, for--
(A) the increased number of immigration judges,
attorneys, and support staff under this section; and
(B) conducting immigration court proceedings in
close proximity to the locations at which aliens are
apprehended and detained.
SEC. 304. REFUGEE APPLICATION AND PROCESSING CENTERS.
(a) Definition.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
``(53) The term `refugee application and processing
center'--
``(A) means a facility designated under section
207(g) by the Secretary of State to accept and process
applications for refugee admissions to the United
States; and
``(B) may include a United States embassy,
consulate, or other diplomatic facility.''.
(b) Designation.--Section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) is amended by adding at the end the following:
``(g) Refugee Application and Processing Centers.--
``(1) Designation.--Not later than 240 days after the date
of the enactment of this subsection, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
designate refugee application and processing centers outside
the United States.
``(2) Locations.--The Secretary of State shall establish--
``(A) 1 refugee application and processing center
in Mexico; and
``(B) not fewer than 3 refugee application and
processing centers in Central America at locations
selected by the Secretary of State, in consultation
with the Secretary of Homeland Security.
``(3) Duties of secretary of state.--The Secretary of
State, in coordination with the Secretary of Homeland Security,
shall ensure that any alien who is a national or habitual
resident of a country in which a refugee application and
processing center is located, or a country contiguous to such a
country, may apply for refugee status at a refugee application
and processing center in that country.
``(4) Adjudication by asylum officers.--An application for
refugee status submitted to a refugee application and
processing center shall be adjudicated by a asylum officer.
``(5) Priority.--The Secretary of State shall ensure that
refugee application and processing centers accord priority to
applications submitted--
``(A) by aliens who have been referred by an
authorized nongovernmental organization, as determined
by the Secretary of State;
``(B) not later than 90 days after the date on
which such referral is made; and
``(C) in accordance with the requirements and
procedures established by the Secretary of State under
this subsection.
``(6) Number of referrals and grants of admission for
refugees.--The admission to the United States of refugees under
this subsection shall be subject to the limitations, including
the numerical limitations, under this section.
``(7) Application fees.--
``(A) In general.--The Secretary of State and the
Secretary of Homeland Security shall charge, collect,
and account for fees prescribed by each such Secretary
pursuant to subsections (m) and (n) of section 286 and
section 9701 of title 31, United States Code, for the
purpose of receiving, docketing, processing, and
adjudicating an application under this subsection.
``(B) Basis for fees.--The fees prescribed under
subparagraph (A) shall be based on a consideration of
the amount necessary to deter frivolous applications
and the cost for processing the application, including
the implementation of program integrity and anti-fraud
measures.''.
(c) Sunset.--The amendments made by this section shall cease to be
effective beginning on the date that is three years and 240 days after
the date of the enactment of this Act.
TITLE IV--REPURPOSING FEDERAL DRUG PROGRAMS
SEC. 401. REAUTHORIZATION OF BLOCK GRANTS FOR PREVENTION AND TREATMENT
OF SUBSTANCE ABUSE.
Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x-
35(a)) is amended by striking `` $1,908,079,000 for each of fiscal
years 2023 through 2027'' and inserting ``$3,961,600,000 for each of
fiscal years 2023 through 2027''.
SEC. 402. OFFSETTING REPEALS.
(a) Substance Abuse Treatment Programs of Regional and National
Significance.--Section 509 of the Public Health Service Act (42 U.S.C.
290bb-2) is hereby repealed.
(b) Drug-Free Communities Support Program.--Chapter 2 of subtitle A
of title I of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1521 et seq.) is hereby repealed.
(c) Community Mental Health Services Block Grant.--Subpart I of
part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et
seq.) is hereby repealed.
(d) Grants for Jail Diversion Programs.--Section 520G of the Public
Health Service Act (42 U.S.C. 290bb-38) is hereby repealed.
(e) Project AWARE; Certified Community Behavioral Health Clinics
Expansion Grants.--The Secretary of Health and Human Services shall
terminate by the end of fiscal year 2023, and not establish any
successor programs to, the following programs carried out under section
520A of the Public Health Service Act (42 U.S.C. 290bb-32):
(1) Project AWARE.
(2) The Certified Community Behavioral Health Clinics
Expansion Grants program.
(f) Priority Substance Use Disorder Prevention Needs of Regional
and National Significance.--Section 516 of the Public Health Service
Act (42 U.S.C. 290bb-22) is hereby repealed.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Davidson, Warren [R-OH-8]RHouseOH
Cosponsors
- Rep. Alford, Mark [R-MO-4]
- Rep. Allen, Rick W. [R-GA-12]
- Rep. Babin, Brian [R-TX-36]
- Rep. Bergman, Jack [R-MI-1]
- Rep. Boebert, Lauren [R-CO-4]
- Rep. Buck, Ken [R-CO-4]
- Rep. Carl, Jerry L. [R-AL-1]
- Rep. Cline, Ben [R-VA-6]
- Rep. Clyde, Andrew S. [R-GA-9]
- Rep. De La Cruz, Monica [R-TX-15]
- Rep. Donalds, Byron [R-FL-19]
- Rep. Duncan, Jeff [R-SC-3]
- Rep. Ezell, Mike [R-MS-4]
- Rep. Gimenez, Carlos A. [R-FL-28]
- Rep. Good, Bob [R-VA-5]
- Rep. Gooden, Lance [R-TX-5]
- Rep. Gosar, Paul A. [R-AZ-9]
- Rep. Granger, Kay [R-TX-12]
- Rep. Grothman, Glenn [R-WI-6]
- Rep. Higgins, Clay [R-LA-3]
- Rep. Jackson, Ronny [R-TX-13]
- Rep. LaMalfa, Doug [R-CA-1]
- Rep. Loudermilk, Barry [R-GA-11]
- Rep. Mann, Tracey [R-KS-1]
- Rep. Miller, Mary E. [R-IL-15]
- Rep. Moore, Barry [R-AL-1]
- Rep. Norman, Ralph [R-SC-5]
- Rep. Obernolte, Jay [R-CA-23]
- Rep. Ogles, Andrew [R-TN-5]
- Rep. Palmer, Gary J. [R-AL-6]
- Rep. Perry, Scott [R-PA-10]
- Rep. Rouzer, David [R-NC-7]
- Rep. Sessions, Pete [R-TX-17]
- Rep. Tiffany, Thomas P. [R-WI-7]
- Rep. Van Drew, Jefferson [R-NJ-2]
- Rep. Webster, Daniel [R-FL-11]
- Rep. Wilson, Joe [R-SC-2]
- Sen. Banks, Jim [R-IN]
Votes
Voting records are not yet available for this bill.