Print   

 

[excerpt]

IMMIGRATION AND NATIONALITY ACT

[….]    

 

Sec. 219. (a) Designation.-

(1) IN GENERAL.-The Secretary is authorized to designate an organization as a terrorist organization in accordance with this subsection if the Secretary finds that-

 

(A) the organization is a foreign organization;

 

(B) the organization engages in terrorist activity (as defined in section212(a)(3)(B)1a/or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent to engage in terrorist activity or terrorism); and

 

(C) the terrorist activity1a/or terrorism of the organization threatens the security of United States nationals or the national security of the United States.

 

(2) PROCEDURE.-

 

(A)1a/NOTICE-

 

(i) TO CONGRESSIONAL LEADERS- Seven days before making a designation under this subsection, the Secretary 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 the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.

 

(ii) PUBLICATION IN FEDERAL REGISTER- The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).

 

(B) EFFECT OF DESIGNATION.-

 

(i) For purposes of section 2339B of title 18, United States Code, a designation under this subsection shall take effect upon

publication under subparagraph (A)(ii)1a/.

 

(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation.

 

(C) FREEZING OF ASSETS.-Upon notification under paragraph (2)(A)(i)1a/, the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court.

 

(3) RECORD.-

 

(A) IN GENERAL.-In making a designation under this subsection, the Secretary shall create an administrative record.

 

(B) CLASSIFIED INFORMATION.-The Secretary 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 (b)1a/.

 

(4) PERIOD OF DESIGNATION.-

 

(A) IN GENERAL.-Subject to paragraphs (5) and (6), a designation under this subsection shall be

effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B).

 

(B) REDESIGNATION.-The Secretary may redesignate a foreign organization as a terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist.1a/The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph.

 

(5) REVOCATION BY ACT OF CONGRESS.-The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).

 

(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES.-

 

(A) IN GENERAL.-The Secretary may revoke a designation made under paragraph (1)1a/or a redesignation made under paragraph (4)(B) if the Secretary finds that-

 

(i) the circumstances that were the basis for the designation1a/or redesignation have changed in such a manner as to warrant revocation1a/; or

 

(ii) the national security of the United States warrants a revocation.1a/

 

(B) PROCEDURE.-The procedural requirements of paragraphs (2) and (3)1a/shall apply to a revocation under this paragraph.1a/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), or the revocation of a redesignation under paragraph (6),1a/shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.

 

(8) USE OF DESIGNATION IN TRIAL OR HEARING.-If a designation under this subsection has become effective under1a/paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B) a defendant in a criminal action1a/or an alien in removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation or redesignation1a/as a defense or an objection at any trial or hearing.

 

 

(b) Judicial Review of Designation.-

(1) In general.-Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation 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.

(3) Scope of review.-The Court shall hold unlawful and set aside a designation 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.2/

(4) Judicial review invoked.-The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation.

 

(c) Definitions.-As used in this section-

(1) the term "classified information" has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);

(2) the term "national security" means the national defense, foreign relations, or economic interests of the United States;

(3) the term "relevant committees" means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and

(4) the term "Secretary" means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.

 

[….]