[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>