I 
116TH CONGRESS 
1ST SESSION H. R. 5417 
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 HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2019 
Mr. GALLAGHER (for himself, Mr. BYRNE, Mr. WALKER, Mr. GAETZ, Mr. 
LAMBORN, Mr. GOODEN, Mr. GIBBS, Mr. WEBER of Texas, Mr. HILL of 
Arkansas, Mr. CLOUD, Mr. RIGGLEMAN, Mr. WRIGHT, Mr. RUTHER-
FORD, Mr. CRAWFORD, and Mr. BUDD) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Foreign Affairs, Rules, and Financial Services, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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-
tives of the United States of America in Congress assembled, 
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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 OR-
GANIZATION RESPONSIBLE FOR MASS MUR-
DER 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 associ-
ated with the foreign persons who the President deter-
mines 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 ref-
erenced in subsection (a) should be designated as a signifi-
cant transnational criminal organization under section 
219A of the Immigration and Nationality Act, as added 
by section 3(b)(1). 
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SEC. 3. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT 
TRANSNATIONAL CRIMINAL ORGANIZATIONS. 
(a) IN GENERAL.—Section 212(a)(2)(F) of the Im-
migration 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 or-
ganization to which his or her spouse 
or parent belongs.’’. 
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(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 signifi-
cant transnational criminal organization in accord-
ance 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 organi-
zation; 
‘‘(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 organiza-
tion threatens the security of United States na-
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tionals or the national security of the United 
States. 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTICE.— 
‘‘(i) TO CONGRESSIONAL LEADERS.— 
Not later than 7 days before making a des-
ignation under this subsection, the Attor-
ney General shall, by classified communica-
tion, notify the Speaker and minority lead-
er 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 or-
ganization, including the factual basis 
for such determination. 
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Attorney General shall pub-
lish the designation in the Federal Register 
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not later than 7 days after providing the 
notification under clause (i). 
‘‘(B) EFFECT OF DESIGNATION.—A des-
ignation 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 des-
ignation. 
‘‘(C) FREEZING OF ASSETS.—Upon notifi-
cation under paragraph (2)(A)(i), the Secretary 
of the Treasury may require United States fi-
nancial institutions possessing or controlling 
any assets of any foreign organization included 
in the notification to block all financial trans-
actions involving those assets until further di-
rective from either the Secretary of the Treas-
ury, Act of Congress, or order of court. 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designa-
tion under this subsection, the Attorney Gen-
eral shall create an administrative record. 
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‘‘(B) CLASSIFIED INFORMATION.—The At-
torney General may consider classified informa-
tion in making a designation under this sub-
section. Classified information shall not be sub-
ject 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 PE-
TITION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General shall review the designation of a 
significant transnational criminal organiza-
tion under the procedures set forth in 
clauses (iii) and (iv) if the designated orga-
nization files a petition for revocation with-
in the petition period described in clause 
(ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
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‘‘(I) if the designated organiza-
tion has not previously filed a petition 
for revocation under this subpara-
graph, the petition period begins 2 
years after the date on which the des-
ignation was made; or 
‘‘(II) if the designated organiza-
tion 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 peti-
tion. 
‘‘(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 
cir-
cumstances described in paragraph (1) are 
sufficiently 
different 
from 
the 
cir-
cumstances that were the basis for the des-
ignation such that a revocation with re-
spect to the organization is warranted. 
‘‘(iv) DETERMINATION.— 
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‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination re-
garding such petition. 
‘‘(II) 
CLASSIFIED
INFORMA-
TION.—The Attorney General may 
consider 
classified 
information 
in 
making a determination in response to 
a petition for revocation. Classified in-
formation shall not be subject to dis-
closure for such time as it remains 
classified, except that such informa-
tion may be disclosed to a court ex 
parte and in camera for purposes of 
judicial review under subsection (c). 
‘‘(III) PUBLICATION OF DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(IV) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
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be made in accordance with para-
graph (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 Gen-
eral shall review the designation of the sig-
nificant transnational criminal organiza-
tion 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 sub-
paragraph, then the review shall be con-
ducted 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 pub-
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