,,ii #aagth ,,congress #ast ,session ,s4 #fba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #i1 #bjba,mr4 ,cotton 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,hawley1 and ,mr4 ,sasse7 introduced the following bill2 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 organizations4 #a4 ,short title ,this ,act may be cited as the ,significant ,transnational ,criminal ,organization ,designation ,act4 #b4 ,inadmissibility of members of significant transnational criminal organizations 7a7 ,in general ,section #bab7;a77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,f77 is amended to read as follows3 7,f7 ,membership in a significant transnational criminal organization 7i7 ,in general ,any alien who-- 7,i7 is a member of a significant transnational criminal organization2 or 7,,ii7 is the spouse or child of an alien described in subclause 7,i71 is inadmissible4 7ii7 ,exception ,clause 7i77,,ii7 shall not apply to a spouse or child-- 7,i7 who did not know1 or should not reasonably have known1 that his or her spouse or parent was a member of a significant transnational criminal organization2 or 7,,ii7 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 belongs4 4 7b7 ,designation of significant transnational criminal organizations 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bai;,a4 ,designation of significant transnational criminal organizations 7a7 ,designation 7#a7 ,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 ,general1 after consultation with the ,secretary of ,state1 the ,secretary of the ,treasury1 and the ,secretary of ,homeland ,security1 determines that-- 7,a7 the organization is a foreign organization2 7,b7 the organization-- 7i7 engages in criminal activity that involves or affects commerce in the ,united ,states2 or 7ii7 retains the ability and intent to engage in such criminal activity2 and 7,c7 the criminal activity of the organization threatens the security of ,united ,states nationals or the national security of the ,united ,states4 7#b7 ,procedure 7,a7 ,notice 7i7 ,to congressional leaders ,not later than #g days before making a designation under this subsection1 the ,attorney ,general shall1 by classified communication1 notify the ,speaker and minority leader of the ,house of ,representatives1 the ,president pro tempore1 majority leader1 and minority leader of the ,senate1 and the members of the relevant committees of the ,house of ,representatives and the ,senate1 in writing1 of-- 7,i7 the intent to designate an organization under this subsection2 and 7,,ii7 the findings made under paragraph 7#a7 with respect to that organization1 including the factual basis for such determination4 7ii7 ,publication in ,federal ,register ,the ,attorney ,general shall publish the designation in the ,federal ,register not later than #g days after providing the notification under clause 7i74 7,b7 ,effect of designation ,a designation under this subsection-- 7i7 shall take effect upon publication under subparagraph 7,a77ii71 for purposes of section #bab7;a77#b77;,f7 of this ,act and section #bcci;,b of title #ah1 ,united ,states ,code2 and 7ii7 shall cease to have effect upon an ,act of ,congress disapproving such designation4 7,c7 ,freezing of assets ,upon notification under paragraph 7#b77;,a77i71 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 ,treasury1 an ,act of ,congress1 or a court order4 7#c7 ,record 7,a7 ,in general ,in making a designation under this subsection1 the ,attorney ,general shall create an administrative record4 7,b7 ,classified information ,the ,attorney ,general may consider classified information in making a designation under this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7#d7 ,period of designation 7,a7 ,in general ,a designation under this subsection shall be effective for all purposes until revoked under paragraph 7#e7 or 7#f7 or set aside pursuant to subsection 7c74 7,b7 ,review of designation upon petition 7i7 ,in general ,the ,attorney ,general shall review the designation of a significant transnational criminal organization under the procedures set forth in clauses 7iii7 and 7iv7 if the designated organization files a petition for revocation within the petition period described in clause 7ii74 7ii7 ,petition period ,for purposes of clause 7i7-- 7,i7 if the designated organization has not previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date on which the designation was made2 or 7,,ii7 if the designated organization has previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date of the determination made under clause 7iv7 on that petition4 7iii7 ,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 7#a7 are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted4 7iv7 ,determination 7,i7 ,in general ,not later than #ahj days after receiving a petition for revocation submitted under this subparagraph1 the ,attorney ,general shall make a determination regarding such petition4 7,,ii7 ,classified information ,the ,attorney ,general may consider classified information in making a determination in response to a petition for revocation4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7,,iii7 ,publication of determination ,a determination made by the ,attorney ,general under this clause shall be published in the ,federal ,register4 7,,iv7 ,procedures ,any revocation by the ,attorney ,general shall be made in accordance with paragraph 7#f74 7,c7 ,other review of designation 7i7 ,in general ,if no review is conducted pursuant to subparagraph 7,b7 during the #e-year period beginning on the date on which a designation under this subsection takes effect1 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 7#f74 7ii7 ,procedures ,if a review does not take place pursuant to subparagraph 7,b7 in response to a petition for revocation that is filed in accordance with that subparagraph1 then the review shall be conducted pursuant to procedures established by the ,attorney ,general4 ,the results of such review and the applicable procedures shall not be reviewable in any court4 7iii7 ,publication of results of review ,the ,attorney ,general shall publish any determination made pursuant to this subparagraph in the ,federal ,register4 7#e7 ,revocation by ,act of ,congress 7,a7 ,in general ,except as provided by subparagraph 7,b71 ,congress1 by an ,act of ,congress1 may block or revoke a designation made under paragraph 7#a7 through the congressional disapproval procedure set forth in section #hjb of title #e1 ,united ,states ,code4 7,b7 ,references to rule ,in applying the procedure1 references to the term rule in such section #hjb shall be deemed to refer to a designation made under paragraph 7#a74 7,c7 ,effective date ,a joint resolution to block or revoke a designation made under paragraph 7#a7 shall not be subject to the procedure set forth in such section #hjb unless it is introduced in either ,house of ,congress during the #fj-;day period beginning on the date on which the ,attorney ,general notifies ,congress pursuant to paragraph 7#b77;,a77i74 7#f7 ,revocation based on change in circumstances 7,a7 ,in general ,the ,attorney ,general-- 7i7 may revoke a designation made under paragraph 7#a7 at any time2 and 7ii7 shall revoke a designation upon completion of a review conducted pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,attorney ,general determines that-- 7,i7 the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation2 or 7,,ii7 the national security of the ,united ,states warrants a revocation4 7,b7 ,procedure ,the procedural requirements under paragraphs 7#b7 and 7#c7 shall apply to a revocation under this paragraph4 ,any revocation shall take effect on the date specified in the revocation or upon publication in the ,federal ,register if no effective date is specified4 7#g7 ,effect of revocation ,the revocation of a designation under paragraph 7#e7 or 7#f7 shall not affect any action or proceeding based on conduct committed before the effective date of such revocation4 7#h7 ,use of designation in trial or hearing ,if a designation under this subsection has become effective pursuant to paragraph 7#b77;,b71 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 hearing4 7b7 ,amendments to a designation 7#a7 ,in general ,the ,attorney ,general may amend a designation under this subsection if the ,attorney ,general discovers that the organization has changed its name1 adopted a new alias1 dissolved and then reconstituted itself under a different name or names1 or merged with another organization4 7#b7 ,procedure ,amendments made to a designation in accordance with paragraph 7#a7 shall be effective upon publication in the ,federal ,register4 ,subparagraphs 7,b7 and 7,c7 of subsection 7a77#b7 shall apply to an amended designation upon such publication4 ,paragraphs 7#b77;,a77i71 7#d71 7#e71 7#f71 7#g71 and 7#h7 of subsection 7a7 shall apply to an amended designation4 7#c7 ,administrative record ,the administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments4 7#d7 ,classified information ,the ,attorney ,general may consider classified information in amending a designation in accordance with this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7c7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after publication in the ,federal ,register of a designation1 an amended designation1 or a determination in response to a petition for revocation1 the designated organization may seek judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,basis of review ,review under this subsection shall be based solely upon the administrative record1 except that the ,government may submit1 for ex parte and in camera review1 classified information used in making the designation1 amended designation1 or determination in response to a petition for revocation4 7#c7 ,scope of review ,the ,court shall hold unlawful and set aside a designation1 amended designation1 or determination in response to a petition for revocation the court finds to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation1 or short of statutory right2 7,d7 lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph 7#b71 or 7,e7 not in accord with the procedures required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review of a designation1 amended designation1 or determination in response to a petition for revocation shall not affect the application of this section1 unless the court issues a final order setting aside the designation1 amended designation1 or determination in response to a petition for revocation4 4 7#b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bai the following3 ,sec4 #bai;,a4 ,designation of significant transnational criminal organizations4 4 7c7 ,providing material support or resources to significant transnational criminal organizations ,section #bcci;,b of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting or a significant transnational criminal organization after foreign terrorist organization each place such term appears2 7#b7 in subsection 7a77#a71 by amending the second sentence to read as follows3 8,a person may not be prosecuted for violating this paragraph unless the person has knowledge that the organization referred to in the previous sentence-- 7,a7 is a designated terrorist organization2 7,b7 is a significant transnational criminal organization2 7,c7 has engaged or engages in terrorist activity 7as defined in section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act72 or 7,d7 has engaged or engages in terrorism 7as defined in section #adj7;d77#b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi74 2 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 the term significant transnational criminal organization means an organization so designated under section #bai;,a of the ,immigration and ,nationality ,act2 and 4