108th Congress
HOUSE OF REPRESENTATIVES2d Session 108-796
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INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
December 7, 2004
SEC. 7119. 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) 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 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
- “(B) Review of designation upon petition.—
- (3) by adding at the end the following:
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- “(C) Other review of designation.—
- “(i) In general.—If in a 5-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.”.
- “(C) Other review of designation.—
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- (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):
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- “(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).”.
- “(b) Amendments to a Designation.—
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- (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)).