[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3031
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
December 12, 2019
Mr. Cotton (for himself, Mrs. Blackburn, Mr. Cornyn, Mr. Cruz, Mr.
Graham, Mr. Hawley, Mr. Perdue, Mr. Romney, 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. DESIGNATING, AS A SIGNIFICANT TRANSNATIONAL CRIMINAL
ORGANIZATION, THE FOREIGN ORGANIZATION RESPONSIBLE FOR
MASS MURDER IN SONORA, MEXICO ON NOVEMBER 4, 2019.
(a) In General.--Not later than 7 days after the conclusion of the
investigation by the Federal Bureau of Investigation into the attack
on, and killing of, 9 United States-Mexican dual citizens near Bavispe,
Sonora, Mexico on November 4, 2019, the President shall submit a report
to Congress that identifies the foreign organization associated with
the foreign persons who the President determines are responsible for
such attack.
(b) Designation as a Significant Transnational Criminal
Organization.--The report submitted pursuant to subsection (a) shall
include an analysis of whether any organization or person that the
President determines to be responsible for the attack referenced in
subsection (a) should be designated as a significant transnational
criminal organizations under section 219A of the Immigration and
Nationality Act, as added by section 3(b)(1).
SEC. 3. 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 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
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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