Designation of Foreign Terrorist Organizations Reform Act - Amends the Immigration and Nationality Act (INA) to revise requirements authorizing the Secretary to designate an organization as a foreign terrorist organization. Makes designations effective until revoked or set aside (currently effective for two years, subject to revocation). Sets forth procedures requiring the Secretary to review the designation of a foreign terrorist organization upon the organization's filing a petition for revocation within two years after such designation. Requires the Secretary to review a designation if no review has taken place within a four-year period. Authorizes the Secretary to amend a designation.
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the inclusion in the State Department's Country Reports on Terrorism of: (1) information concerning specified terrorist groups that are known to have obtained or developed weapons of mass destruction (WMDs) or that are designated as foreign terrorist organizations under the INA; and (2) to the extent feasible, information concerning countries that have assisted terrorists in obtaining or developing WMDs.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 3978
To amend the Immigration and Nationality Act to modify provisions
relating to designation of foreign terrorist organizations, to amend
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, to
include in annual Department of State country reports on terrorism
information on terrorist groups that seek weapons of mass destruction
and groups that have been designated as foreign terrorist
organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2004
Mr. Gallegly (for himself and Mr. Pitts) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on International Relations, 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 committee
concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to modify provisions
relating to designation of foreign terrorist organizations, to amend
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, to
include in annual Department of State country reports on terrorism
information on terrorist groups that seek weapons of mass destruction
and groups that have been designated as foreign terrorist
organizations, and for other purposes.
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 ``Designation of Foreign Terrorist
Organizations Reform Act''.
SEC. 2. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and
(6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning
on the effective date of the designation under
paragraph (2)(B)'' and inserting ``until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a foreign terrorist
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 foreign terrorist
organization that submits a petition for
revocation under this subparagraph must provide
evidence in that petition that the relevant
circumstances described in paragraph (1) have
changed in such a manner as to warrant
revocation with respect to the organization.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
``(II) Classified information.--The
Secretary 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 Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 4-year period no
review has taken place under subparagraph (B),
the Secretary shall review the designation of
the foreign terrorist 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 Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds 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 also apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary 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) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking ``or a redesignation made under
paragraph (4)(B)'' and inserting ``at any time,
and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs
(B) and (C) of paragraph (4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph (6),'';
and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation
under this subsection has become effective
under paragraph (4)(B),''; and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all that
follows through ``review of the designation'' and
inserting ``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'';
(B) in paragraph (2), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended
designation, or determination in response to a petition
for revocation'' after ``designation'' each place that
term appears.
(d) Savings Provision.--For purposes of applying section 219 of the
Immigration and Nationality Act on or after the date of enactment of
this Act, the term ``designation'', as used in that section, includes
all redesignations made pursuant to section 219(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the
date of enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or (6) of
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 3. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON
TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK
WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN
DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is
amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known to
have obtained or developed, or to have attempted to
obtain or develop, weapons of mass destruction,'' after
``during the preceding five years,''; and
(B) by inserting ``any group designated by the
Secretary as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189),'' after ``Export Administration Act of
1979,'';
(2) in subsection (b)(1)(C)(iii), by striking ``and'' at
the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following
new clause:
``(iv) providing weapons of mass
destruction, or assistance in obtaining or
developing such weapons, to terrorists or
terrorist groups; and''; and
(4) in subsection (b)(2)--
(A) by redesignating subparagraphs (C), (D), and
(E) as (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) efforts by those groups to obtain or develop
weapons of mass destruction;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning with the first report under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), submitted more than one year after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, 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 committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, 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 committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, 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 committee concerned.
Referred to the Subcommittee on Terrorism, Nonproliferation and Human Rights.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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