[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''.
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