S. 621Senate117th Congress (2021-2023)In Committee

Significant Transnational Criminal Organization Designation Act

Sponsored by Tom CottonSen. Tom Cotton (R-AR)
Introduced March 9, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:57 PM UTC

The bill amends the Immigration and Nationality Act to make membership in a designated significant transnational criminal organization a ground for inadmissibility and expands the federal prohibition on providing material support to include those organizations. It also creates a process for the Attorney General, in consultation with other agencies, to designate, amend, and revoke such organizations, with related asset‑freezing and judicial‑review mechanisms.

Key Provisions

  • Adds membership in a significant transnational criminal organization (and, with limited exceptions, spouses and children) to the list of inadmissible grounds for aliens.
  • Authorizes the Attorney General, after consulting the Secretaries of State, Treasury, and Homeland Security, to designate foreign organizations that engage in criminal activity affecting U.S. commerce or threaten U.S. security as “significant transnational criminal organizations.”
  • Requires the Attorney General to notify congressional leaders and publish the designation in the Federal Register; Treasury may freeze assets of designated organizations held by U.S. financial institutions.
  • Establishes procedures for revoking a designation, including petitions by the organization after two years, periodic agency reviews, and the ability of Congress to block or revoke a designation.
  • Provides for judicial review of designations, amended designations, or revocation decisions in the D.C. Circuit within 30 days, limited to the administrative record and any classified information submitted ex parte.
  • Amends 18 U.S.C. §2339B to include “significant transnational criminal organization” in the prohibition on providing material support or resources, and defines the term in that statute.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

March 9, 2021

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SenateIntro Referral

Introduced in Senate

March 9, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

March 9, 2021

Floor Debate

10 members

What members said about S. 621 on the floor

4 Republicans6 Democrats
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 28, 2022

Madam President, it has been a little more than 7 months since Russia launched its illegal invasion of Ukraine, and the destruction that has followed is unbelievable. We have all had a chance to bear…

Tom Cotton
Sen. Tom CottonR-AR · Sep 28, 2022

Madam President, the United States is in the midst of the deadliest drug epidemic in our Nation's history, caused by the most lethal drugs ever created. More than 108,000 Americans died last year…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Sep 28, 2022

Madam President, last evening, I had the opportunity to get on the phone in a telephone townhall with citizens from Davidson and Shelby Counties in Tennessee, and crime was the No. 1 issue that…

Tim Kaine
Sen. Tim KaineD-VA · Sep 28, 2022

Madam President, I was scheduled to come to the floor today to offer live UCs to bring up two Biden nominees--very important nominees--to assume diplomatic posts in the Western Hemisphere. Senator…

Roger Marshall
Sen. Roger MarshallR-KS · Sep 28, 2022

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today in order to ask for unanimous consent to pass S.J. Res. 63, a resolution to terminate the…

Show 5 more
Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Sep 28, 2022

Madam President, 5 years ago this Saturday, my hometown of Las Vegas endured one of the darkest days in its history. On a beautiful autumn evening, the Route 91 Harvest Music Festival was interrupted…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Sep 28, 2022

Madam President, as a leading advocate for lower drug prices in the Senate, No. 1, I have hauled Big Pharma and pharmacy benefit managers' executives before my committee of Congress; second, I led a…

Ron Wyden
Sen. Ron WydenD-OR · Sep 28, 2022

Reserving the right to object, Madam President. Madam President, I just went over to our colleague from Kansas and told him that I would much rather be on the floor this afternoon working in a…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Apr 14, 2021

Mr. President, I ask unanimous consent for the legislative activities report of the Committee on Rules and Administration during the 116th Congress be printed in the Congressional Record.

Jon Ossoff
Sen. Jon OssoffD-GA · Sep 28, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued March 9, 2021

II

117th CONGRESS

1st Session

S. 621

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 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.

1.

Short title

This Act may be cited as the Significant Transnational Criminal Organization Designation Act.

2.

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:

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 the Secretary of the Treasury, an Act of Congress, or a court order.

(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:

.

(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

.