,,ii #aafth ,,congress #ast ,session ,s4 #bic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjai ,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to enhance border security to reduce drug trafficking and related money laundering4 #a4 ,short title ,this ,act may be cited as the ,securing the ,border and ,making ,drug ,cartels ,pay for it ,act4 #b4 ,purpose ,the purpose of this ,act is to authorize the use of illicit drug trafficking proceeds to pay for physical barriers1 tactical infrastructure1 and technology in the vicinity of the ,united ,states border1 which will-- 7#a7 achieve situational awareness and operational control of the border2 7#b7 increase the interdiction of illicit drugs entering the ,united ,states2 and 7#c7 reduce bulk cash smuggling and trade-based money laundering along the border4 #c4 ,secure ,america ,financing ,corporation 7a7 ,establishment ,there is established1 as a special purpose1 public corporate entity1 the ,secure ,america ,financing ,corporation 7referred to in this section as the ,corporation71 which shall operate as an independent instrumentality of the ,federal ,government4 7b7 ,board 7#a7 ,composition ,the ,corporation shall be overseen by a ,board1 consisting of the ,secretary of ,homeland ,security and the ,secretary of the ,treasury1 or their respective designees1 as appointed by the ,president4 7#b7 ,terms ,members of the ,board shall serve1 at the pleasure of the ,president1 for #d-year terms1 or until a successor is appointed by the ,president4 ,members of the ,board may be appointed to #a additional #d-year term4 7#c7 ,compensation ,members of the ,board shall serve without additional compensation4 7#d7 ,chairperson ,the ,board shall annually elect a ,chairperson from among its members4 7#e7 ,meetings ,the ,board shall meet not less frequently than annually4 7c7 ,purposes ,the purposes of the ,corporation shall be-- 7#a7 to issue ,secure ,america ,bonds1 in accordance with subsection 7d72 7#b7 to make the proceeds of such bonds available to ,homeland ,security ,investigations of ,u4,s4 ,immigration and ,customs ,enforcement and to ,u4,s4 ,border ,patrol to enhance technological capacity2 and 7#c7 to use unobligated balances available under the ,department of ,treasury ,forfeiture ,fund to redeem such bonds4 7d7 ,bonds 7#a7 ,issuance authorized ,the ,corporation may issue bonds 7referred to in this ,act as ,secure ,america ,bonds7 in such amounts and for such terms as the ,board shall authorize to provide the necessary funding for the technological capacity and security enhancements that the ,homeland ,security ,investigations directorate determines appropriate4 7#b7 ,redemption ,secure ,america ,bonds may only be paid from funds managed by the ,corporation1 including-- 7,a7 unobligated balances available under the ,department of ,treasury ,forfeiture ,fund2 7,b7 proceeds of the sales of any such bonds2 7,c7 earnings on funds invested by the ,corporation or the indenture trustee2 7,d7 income generated by the activities of the ,corporation2 and 7,e7 such other funds as may become available4 7#c7 ,bankruptcy prohibited ,the ,corporation may not file for bankruptcy protection while any ,secure ,america ,bonds remain outstanding4 7#d7 ,limitation ,secure ,america ,bonds-- 7,a7 are not a debt or obligation of the ,federal ,government2 and 7,b7 are not backed by the full faith and credit of the ,federal ,government4 7e7 ,staffing 7#a7 ,in general ,employees of the ,department of ,homeland ,security and employees of the ,department of the ,treasury may provide administrative support to the ,corporation4 7#b7 ,professional services ,the ,attorney ,general1 or his or her designee1 may serve as counsel to the ,corporation and may employee or retain such other attorneys as necessary4 ,the ,corporation may employ or retain any other professionals1 consultants1 agents1 financial advisors1 and accountants as may be necessary to carry out the purposes set forth in subsection 7c74 ,the ,board may determine the duties and compensation of those employed or retained under this paragraph4 7f7 ,financial management 7#a7 ,authority ,the ,corporation is authorized to sell and convey any of the assets of the ,corporation1 subject to the approval of the ,board4 7#b7 ,exemption from taxation ,the ,corporation shall be exempt from any taxation1 fees1 assessments1 or similar charges based on the real property or assets of the ,corporation4 7g7 ,effect of dissolution ,upon the dissolution of the ,corporation1 title to all assets and properties of the ,corporation shall vest in and become the property of the ,united ,states ,treasury and shall be deposited into and credited to the ,department of ,treasury ,forfeiture ,fund4 #d4 ,use of certain forfeited criminal proceeds for border security measures ,notwithstanding any other provision of law1 any funds that are criminally forfeited to the ,united ,states pursuant to an order relating to a sentence of a felony conviction by a district court of the ,united ,states of an individual engaging in a continuing criminal enterprise involving knowingly and intentionally distributing a controlled substance1 intending and knowing that such substance would be unlawfully imported into the ,united ,states from a place outside of the ,united ,states shall be used for security measures along the international border between the ,united ,states and ,mexico1 including the construction1 installation1 deployment1 operation1 and maintenance of physical barriers1 tactical infrastructure1 and technology in the vicinity of such border1 for the purpose of stemming the flow of illegal narcotics into the ,united ,states and furthering the security of the ,united ,states4 #e4 ,reservation of portion of forfeits in the ,department of ,treasury ,forfeiture ,fund for building a physical barrier or advanced technology to prevent illegal entry across the southern border ,section #igje of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by adding at the end the following3 7,k7 ,payments for border security enhancements4 2 7#b7 in subsection 7f7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 not later than ,february #a of each year2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting not later than ,february #a of each year1 before a report2 and 7ii7 in subparagraph 7,b71 by striking and at the end2 7,c7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting not later than ,february #a of each year1 before a report2 and 7ii7 in subparagraph 7,i77ii71 by striking the period at the end and inserting a semicolon2 and 7,d7 by inserting before the undesignated matter at the end the following3 7#c7 not later than ,december #a of each year1 a report that identifies1 as of ,october #a of such year1 the total of amount in the ,fund that was derived from ,mexican cartels2 and 7#d7 not later than #ahj days after the date of enactment of the ,securing the ,border and ,making ,drug ,cartels ,pay for it ,act1 and occasionally thereafter1 a report that identifies the amount in the ,fund that has historically been derived from ,mexican cartels4 2 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#d77;,b71 by inserting 1 including the construction1 installation1 deployment1 operation1 and maintenance of physical barriers1 tactical infrastructure1 and technology in the vicinity of such border1 after law enforcement activities after law enforcement activities2 and 7,b7 by adding at the end the following3 7#e7 ,of the amount identified pursuant to subsection 7f77#c71 #ej percent shall be made available without fiscal year limitation to install additional physical barriers and roads 7including the removal of obstacles to detection of illegal entrants7 in the vicinity of the ,united ,states border to deter illegal crossings in areas of high illegal entry into the ,united ,states4 4 #f4 ,use of bond proceeds 7a7 ,improving data analytics ,the ,secretary of ,homeland ,security1 in consultation with the ,executive ,associate ,director for ,homeland ,security ,investigations and the ,chief1 ,u4,s4 ,border ,patrol1 may use proceeds from ,secure ,america ,bonds-- 7#a7 to improve the use of data and advanced analytics to target drugs entering the ,united ,states1 bulk cash smugglers1 and trade-based money laundering2 7#b7 to prioritize the use of big data to enhance the analysis of information that may lead to an increase in drug seizures near the border1 the interdiction of smuggled bulk cash1 and the identification of invoice misrepresentation that leads to trade-based money laundering2 7#c7 to increase the technological capacity to gather and develop information about persons1 events1 and cargo of interest2 7#d7 to integrate data with analytical tools capable of-- 7,a7 detecting trends1 patterns1 and emerging threats2 and 7,b7 identifying non-obvious relationships between persons1 events1 and cargo to generate the necessary tools to increase seizures2 and 7#e7 to procure technology for advanced analytics to target drugs coming into the ,united ,states1 bulk cash smuggling1 and trade-based money laundering4 7b7 ,physical barriers ,the ,secretary of ,homeland ,security1 in consultation with the ,chief1 ,u4,s4 ,border ,patrol1 may use proceeds from ,secure ,america ,bonds-- 7#a7 to achieve situational awareness and operational control of the southwest border by using terrain1 barriers1 and technological and human resources to force smugglers to use certain routes and border crossings2 and 7#b7 to construct1 install1 deploy1 operate1 and permanently maintain physical barriers1 tactical infrastructure1 and technology in the vicinity of the southwest border4 7c7 ,staffing ,the ,secretary of ,homeland ,security1 in consultation with the ,executive ,associate ,director for ,homeland ,security ,investigations1 may use proceeds from ,secure ,america ,bonds to employ the necessary analysts to carry out the data analytics described in subsection 7a74 #g4 ,rules of civil forfeiture 7a7 ,civil forfeiture ,section #ihc7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,in any law enforcement action in which assets may be seized under this subsection1 the law enforcement officer may not barter with or otherwise pressure the owner of the assets to be seized to waive any rights relating to the recovery of such assets4 4 7b7 ,burden of proof in civil forfeiture proceedings ,section #ihc7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking a preponderance of the evidence and inserting clear and convincing evidence2 7#b7 in paragraph 7#b71 by striking a preponderance of the evidence and inserting clear and convincing evidence2 and 7#c7 in paragraph 7#c71 by inserting 1 by clear and convincing evidence1 after establish4 7c7 ,limitation on release of property ,section #ihc7;f77#h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,c71 by striking or at the end2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 is currency or contraband likely to belong to or used in support of a foreign1 illegal trafficking organization4 4 7d7 ,reporting requirement ,the ,attorney ,general shall submit an annual report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that includes a detailed record1 for the reporting period1 of all civil and criminal asset seizures and forfeitures authorized under chapter #df of title #ah1 ,united ,states ,code1 including-- 7#a7 the specific assets seized1 including the quantity and value of such assets2 7#b7 the alleged criminal conduct giving rise to the seizure or forfeiture2 7#c7 whether anyone was arrested or convicted of the alleged criminal conduct2 7#d7 whether the forfeiture action was challenged by the owner of the assets2 7#e7 the final disposition of the assets2 and 7#f7 if the assets were sold1 how the proceeds of the assets were used4