Significant Transnational Criminal Organization Designation Act

II 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 mem- bership in a significant transnational criminal organiza- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Significant 4 Transnational Criminal Organization Designation Act’’. 5 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 621 IS SEC. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT 1 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 2 (a) IN GENERAL.—Section 212(a)(2)(F) of the Im- 3 migration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) 4 is amended to read as follows: 5 ‘‘(F) MEMBERSHIP IN A SIGNIFICANT 6 TRANSNATIONAL CRIMINAL ORGANIZATION.— 7 ‘‘(i) IN GENERAL.—Any alien who— 8 ‘‘(I) is a member of a significant 9 transnational criminal organization; or 10 ‘‘(II) is the spouse or child of an 11 alien described in subclause (I), 12 is inadmissible. 13 ‘‘(ii) EXCEPTION.—Clause (i)(II) shall 14 not apply to a spouse or child— 15 ‘‘(I) who did not know, or should 16 not reasonably have known, that his 17 or her spouse or parent was a member 18 of a significant transnational criminal 19 organization; or 20 ‘‘(II) whom the consular officer 21 or Attorney General has reasonable 22 grounds to believe has renounced the 23 significant transnational criminal or- 24 ganization to which his or her spouse 25 or parent belongs.’’. 26 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 621 IS (b) DESIGNATION OF SIGNIFICANT TRANSNATIONAL 1 CRIMINAL ORGANIZATIONS.— 2 (1) IN GENERAL.—Chapter 2 of title II of the 3 Immigration and Nationality Act (8 U.S.C. 1181 et 4 seq.) is amended by adding at the end the following: 5 ‘‘SEC. 219A. DESIGNATION OF SIGNIFICANT 6 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 7 ‘‘(a) DESIGNATION.— 8 ‘‘(1) IN GENERAL.—The Attorney General is 9 authorized to designate an organization as a signifi- 10 cant transnational criminal organization in accord- 11 ance with this subsection if the Attorney General, 12 after consultation with the Secretary of State, the 13 Secretary of the Treasury, and the Secretary of 14 Homeland Security, determines that— 15 ‘‘(A) the organization is a foreign organi- 16 zation; 17 ‘‘(B) the organization— 18 ‘‘(i) engages in criminal activity that 19 involves or affects commerce in the United 20 States; or 21 ‘‘(ii) retains the ability and intent to 22 engage in such criminal activity; and 23 ‘‘(C) the criminal activity of the organiza- 24 tion threatens the security of United States na- 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 621 IS tionals or the national security of the United 1 States. 2 ‘‘(2) PROCEDURE.— 3 ‘‘(A) NOTICE.— 4 ‘‘(i) TO CONGRESSIONAL LEADERS.— 5 Not later than 7 days before making a des- 6 ignation under this subsection, the Attor- 7 ney General shall, by classified communica- 8 tion, notify the Speaker and minority lead- 9 er of the House of Representatives, the 10 President pro tempore, majority leader, 11 and minority leader of the Senate, and the 12 members of the relevant committees of the 13 House of Representatives and the Senate, 14 in writing, of— 15 ‘‘(I) the intent to designate an 16 organization under this subsection; 17 and 18 ‘‘(II) the findings made under 19 paragraph (1) with respect to that or- 20 ganization, including the factual basis 21 for such determination. 22 ‘‘(ii) PUBLICATION IN FEDERAL REG- 23 ISTER.—The Attorney General shall pub- 24 lish the designation in the Federal Register 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 621 IS not later than 7 days after providing the 1 notification under clause (i). 2 ‘‘(B) EFFECT OF DESIGNATION.—A des- 3 ignation under this subsection— 4 ‘‘(i) shall take effect upon publication 5 under subparagraph (A)(ii), for purposes 6 of section 212(a)(2)(F) of this Act and 7 section 2339B of title 18, United States 8 Code; and 9 ‘‘(ii) shall cease to have effect upon 10 an Act of Congress disapproving such des- 11 ignation. 12 ‘‘(C) FREEZING OF ASSETS.—Upon notifi- 13 cation under paragraph (2)(A)(i), the Secretary 14 of the Treasury may require United States fi- 15 nancial institutions possessing or controlling 16 any assets of any foreign organization included 17 in the notification to block all financial trans- 18 actions involving those assets until further di- 19 rective from the Secretary of the Treasury, an 20 Act of Congress, or a court order. 21 ‘‘(3) RECORD.— 22 ‘‘(A) IN GENERAL.—In making a designa- 23 tion under this subsection, the Attorney Gen- 24 eral shall create an administrative record. 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 621 IS ‘‘(B) CLASSIFIED INFORMATION.—The At- 1 torney General may consider classified informa- 2 tion in making a designation under this sub- 3 section. Classified information shall not be sub- 4 ject to disclosure for such time as it remains 5 classified, except that such information may be 6 disclosed to a court ex parte and in camera for 7 purposes of judicial review under subsection (c). 8 ‘‘(4) PERIOD OF DESIGNATION.— 9 ‘‘(A) IN GENERAL.—A designation under 10 this subsection shall be effective for all purposes 11 until revoked under paragraph (5) or (6) or set 12 aside pursuant to subsection (c). 13 ‘‘(B) REVIEW OF DESIGNATION UPON PE- 14 TITION.— 15 ‘‘(i) IN GENERAL.—The Attorney 16 General shall review the designation of a 17 significant transnational criminal organiza- 18 tion under the procedures set forth in 19 clauses (iii) and (iv) if the designated orga- 20 nization files a petition for revocation with- 21 in the petition period described in clause 22 (ii). 23 ‘‘(ii) PETITION PERIOD.—For pur- 24 poses of clause (i)— 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 621 IS ‘‘(I) if the designated organiza- 1 tion has not previously filed a petition 2 for revocation under this subpara- 3 graph, the petition period begins 2 4 years after the date on which the des- 5 ignation was made; or 6 ‘‘(II) if the designated organiza- 7 tion has previously filed a petition for 8 revocation under this subparagraph, 9 the petition period begins 2 years 10 after the date of the determination 11 made under clause (iv) on that peti- 12 tion. 13 ‘‘(iii) PROCEDURES.—Any significant 14 transnational criminal organization that 15 submits a petition for revocation under 16 this subparagraph shall provide evidence in 17 that petition that the relevant cir- 18 cumstances described in paragraph (1) are 19 sufficiently different from the cir- 20 cumstances that were the basis for the des- 21 ignation such that a revocation with re- 22 spect to the organization is warranted. 23 ‘‘(iv) DETERMINATION.— 24 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 621 IS ‘‘(I) IN GENERAL.—Not later 1 than 180 days after receiving a peti- 2 tion for revocation submitted under 3 this subparagraph, the Attorney Gen- 4 eral shall make a determination re- 5 garding such petition. 6 ‘‘(II) CLASSIFIED INFORMA- 7 TION.—The Attorney General may 8 consider classified information in 9 making a determination in response to 10 a petition for revocation. Classified in- 11 formation shall not be subject to dis- 12 closure for such time as it remains 13 classified, except that such informa- 14 tion may be disclosed to a court ex 15 parte and in camera for purposes of 16 judicial review under subsection (c). 17 ‘‘(III) PUBLICATION OF DETER- 18 MINATION.—A determination made by 19 the Attorney General under this 20 clause shall be published in the Fed- 21 eral Register. 22 ‘‘(IV) PROCEDURES.—Any rev- 23 ocation by the Attorney General shall 24 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 621 IS be made in accordance with para- 1 graph (6). 2 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 3 ‘‘(i) IN GENERAL.—If no review is 4 conducted pursuant to subparagraph (B) 5 during the 5-year period beginning on the 6 date on which a designation under this 7 subsection takes effect, the Attorney Gen- 8 eral shall review the designation of the sig- 9 nificant transnational criminal organiza- 10 tion in order to determine whether such 11 designation should be revoked pursuant to 12 paragraph (6). 13 ‘‘(ii) PROCEDURES.—If a review does 14 not take place pursuant to subparagraph 15 (B) in response to a petition for revocation 16 that is filed in accordance with that sub- 17 paragraph, then the review shall be con- 18 ducted pursuant to procedures established 19 by the Attorney General. The results of 20 such review and the applicable procedures 21 shall not be reviewable in any court. 22 ‘‘(iii) PUBLICATION OF RESULTS OF 23 REVIEW.—The Attorney General shall pub- 24 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 621 IS lish any determination made pursuant to 1 this subparagraph in the Federal Register. 2 ‘‘(5) REVOCATION BY ACT OF CONGRESS.— 3 ‘‘(A) IN GENERAL.—Except as provided by 4 subparagraph (B), Congress, by an Act of Con- 5 gress, may block or revoke a designation made 6 under paragraph (1) through the congressional 7 disapproval procedure set forth in section 802 8 of title 5, United States Code. 9 ‘‘(B) REFERENCES TO RULE.—In applying 10 the procedure, references to the term ‘rule’ in 11 such section 802 shall be deemed to refer to a 12 designation made under paragraph (1). 13 ‘‘(C) EFFECTIVE DATE.—A joint resolution 14 to block or revoke a designation made under 15 paragraph (1) shall not be subject to the proce- 16 dure set forth in such section 802 unless it is 17 introduced in either House of Congress during 18 the 60-day period beginning on the date on 19 which the Attorney General notifies Congress 20 pursuant to paragraph (2)(A)(i). 21 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- 22 CUMSTANCES.— 23 ‘‘(A) IN GENERAL.—The Attorney Gen- 24 eral— 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 621 IS ‘‘(i) may revoke a designation made 1 under paragraph (1) at any time; and 2 ‘‘(ii) shall revoke a designation upon 3 completion of a review conducted pursuant 4 to subparagraphs (B) and (C) of para- 5 graph (4) if the Attorney General deter- 6 mines that— 7 ‘‘(I) the circumstances that were 8 the basis for the designation have 9 changed in such a manner as to war- 10 rant revocation; or 11 ‘‘(II) the national security of the 12 United States warrants a revocation. 13 ‘‘(B) PROCEDURE.—The procedural re- 14 quirements under paragraphs (2) and (3) shall 15 apply to a revocation under this paragraph. Any 16 revocation shall take effect on the date specified 17 in the revocation or upon publication in the 18 Federal Register if no effective date is specified. 19 ‘‘(7) EFFECT OF REVOCATION.—The revocation 20 of a designation under paragraph (5) or (6) shall 21 not affect any action or proceeding based on conduct 22 committed before the effective date of such revoca- 23 tion. 24 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 621 IS ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- 1 ING.—If a designation under this subsection has be- 2 come effective pursuant to paragraph (2)(B), a de- 3 fendant in a criminal action or an alien in a removal 4 proceeding shall not be permitted to raise any ques- 5 tion concerning the validity of the issuance of such 6 designation as a defense or an objection at any trial 7 or hearing. 8 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 9 ‘‘(1) IN GENERAL.—The Attorney General may 10 amend a designation under this subsection if the At- 11 torney General discovers that the organization has 12 changed its name, adopted a new alias, dissolved and 13 then reconstituted itself under a different name or 14 names, or merged with another organization. 15 ‘‘(2) PROCEDURE.—Amendments made to a 16 designation in accordance with paragraph (1) shall 17 be effective upon publication in the Federal Register. 18 Subparagraphs (B) and (C) of subsection (a)(2) 19 shall apply to an amended designation upon such 20 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 21 and (8) of subsection (a) shall apply to an amended 22 designation. 23 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis- 24 trative record shall be corrected to include the 25 VerDate Sep 11 2014 21:42 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S621.IS S621 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 621 IS amendments and any additional relevant information 1 that supports such amendments. 2 ‘‘(4) CLASSIFIED INFORMATION.—The Attorney 3 General may consider classified information in 4 amending a designation in accordance with this sub- 5 section. Classified information shall not be subject to 6 disclosure for such time as it remains classified, ex- 7 cept that such information may be disclosed to a 8 court ex parte and in camera for purposes of judicial 9 review under subsection (c). 10 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 11 ‘‘(1) IN GENERAL.—Not later than 30 days 12 after publication in the Federal Register of a des- 13 ignation, an amended designation, or a determina- 14 tion in response to a petition for revocation, the des- 15 ignated organization may see [Text truncated for display. Full text available on Congress.gov.]