[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 621 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 621

  To amend the Immigration and Nationality Act to add membership in a 
significant transnational criminal organization to the list of grounds 
of inadmissibility and to prohibit the provision of material support or 
                    resources to such organizations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2021

  Mr. Cotton (for himself, Mrs. Blackburn, Mr. Hawley, and Mr. Sasse) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to add membership in a 
significant transnational criminal organization to the list of grounds 
of inadmissibility and to prohibit the provision of material support or 
                    resources to such organizations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Significant Transnational Criminal 
Organization Designation Act''.

SEC. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT TRANSNATIONAL 
              CRIMINAL ORGANIZATIONS.

    (a) In General.--Section 212(a)(2)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to read as follows:
                    ``(F) Membership in a significant transnational 
                criminal organization.--
                            ``(i) In general.--Any alien who--
                                    ``(I) is a member of a significant 
                                transnational criminal organization; or
                                    ``(II) is the spouse or child of an 
                                alien described in subclause (I),
                        is inadmissible.
                            ``(ii) Exception.--Clause (i)(II) shall not 
                        apply to a spouse or child--
                                    ``(I) who did not know, or should 
                                not reasonably have known, that his or 
                                her spouse or parent was a member of a 
                                significant transnational criminal 
                                organization; or
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the 
                                significant transnational criminal 
                                organization to which his or her spouse 
                                or parent belongs.''.
    (b) Designation of Significant Transnational Criminal 
Organizations.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

``SEC. 219A. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL 
              ORGANIZATIONS.

    ``(a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate an organization as a significant transnational 
        criminal organization in accordance with this subsection if the 
        Attorney General, after consultation with the Secretary of 
        State, the Secretary of the Treasury, and the Secretary of 
        Homeland Security, determines that--
                    ``(A) the organization is a foreign organization;
                    ``(B) the organization--
                            ``(i) engages in criminal activity that 
                        involves or affects commerce in the United 
                        States; or
                            ``(ii) retains the ability and intent to 
                        engage in such criminal activity; and
                    ``(C) the criminal activity of 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.--Not later 
                        than 7 days before making a designation under 
                        this subsection, the Attorney General 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--
                                    ``(I) the intent to designate an 
                                organization under this subsection; and
                                    ``(II) the findings made under 
                                paragraph (1) with respect to that 
                                organization, including the factual 
                                basis for such determination.
                            ``(ii) Publication in federal register.--
                        The Attorney General shall publish the 
                        designation in the Federal Register not later 
                        than 7 days after providing the notification 
                        under clause (i).
                    ``(B) Effect of designation.--A designation under 
                this subsection--
                            ``(i) shall take effect upon publication 
                        under subparagraph (A)(ii), for purposes of 
                        section 212(a)(2)(F) of this Act and section 
                        2339B of title 18, United States Code; and
                            ``(ii) shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
                    ``(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 the Secretary of the Treasury, an Act of 
                Congress, or a court order.
            ``(3) Record.--
                    ``(A) In general.--In making a designation under 
                this subsection, the Attorney General shall create an 
                administrative record.
                    ``(B) Classified information.--The Attorney General 
                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 for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (c).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a significant 
                        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 significant 
                        transnational criminal organization that 
                        submits a petition for revocation under this 
                        subparagraph shall 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 Attorney General 
                                shall make a determination regarding 
                                such petition.
                                    ``(II) Classified information.--The 
                                Attorney General 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 Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(IV) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If no review is 
                        conducted pursuant to subparagraph (B) during 
                        the 5-year period beginning on the date on 
                        which a designation under this subsection takes 
                        effect, the Attorney General shall review the 
                        designation of the significant 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 Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), Congress, by an Act of Congress, may 
                block or revoke a designation made under paragraph (1) 
                through the congressional disapproval procedure set 
                forth in section 802 of title 5, United States Code.
                    ``(B) References to rule.--In applying the 
                procedure, references to the term `rule' in such 
                section 802 shall be deemed to refer to a designation 
                made under paragraph (1).
                    ``(C) Effective date.--A joint resolution to block 
                or revoke a designation made under paragraph (1) shall 
                not be subject to the procedure set forth in such 
                section 802 unless it is introduced in either House of 
                Congress during the 60-day period beginning on the date 
                on which the Attorney General notifies Congress 
                pursuant to paragraph (2)(A)(i).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General--
                            ``(i) may revoke a designation made under 
                        paragraph (1) at any time; and
                            ``(ii) shall revoke a designation upon 
                        completion of a review conducted pursuant to 
                        subparagraphs (B) and (C) of paragraph (4) if 
                        the Attorney General determines 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 under 
                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 committed before the 
        effective date of such revocation.
            ``(8) Use of designation in trial or hearing.--If a 
        designation under this subsection has become effective pursuant 
        to 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 Attorney General may amend a 
        designation under this subsection if the Attorney General 
        discovers 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 apply to an amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments and any additional 
        relevant information that supports such amendments.
            ``(4) Classified information.--The Attorney General 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.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act (8 U.S.C. 1101 note) is amended 
        by inserting after the item relating to section 219 the 
        following:

``Sec. 219A. Designation of significant transnational criminal 
                            organizations.''.
    (c) Providing Material Support or Resources to Significant 
Transnational Criminal Organizations.--Section 2339B of title 18, 
United States Code, is amended--
            (1) by inserting ``or a significant transnational criminal 
        organization'' after ``foreign terrorist organization'' each 
        place such term appears;
            (2) in subsection (a)(1), by amending the second sentence 
        to read as follows: ``A person may not be prosecuted for 
        violating this paragraph unless the person has knowledge that 
        the organization referred to in the previous sentence--
                    ``(A) is a designated terrorist organization;
                    ``(B) is a significant transnational criminal 
                organization;
                    ``(C) has engaged or engages in terrorist activity 
                (as defined in section 212(a)(3)(B) of the Immigration 
                and Nationality Act); or
                    ``(D) has engaged or engages in terrorism (as 
                defined in section 140(d)(2) of the Foreign Relations 
                Authorization Act, Fiscal Years 1988 and 1989).''; and
            (3) in subsection (g)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) the term `significant transnational criminal 
        organization' means an organization so designated under section 
        219A of the Immigration and Nationality Act; and''.
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