[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5089-S5090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5735. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle D of title X, add the following:

     SEC. 1035. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT 
                   TRANSNATIONAL CRIMINAL ORGANIZATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Significant Transnational Criminal Organization Designation 
     Act''.
       (b) 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.--Except as provided in clause (ii), 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 the Attorney General 
     has reasonable grounds to believe has renounced the 
     significant transnational criminal organization to which his 
     or her spouse or parent belongs.''.

       (c) 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--

       ``(I) 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; and
       ``(II) submit 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 76 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 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 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

[[Page S5090]]

     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.--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 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.''.
       (d) 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''.
                                 ______