II 

117TH CONGRESS 

2D SESSION S. 3871 

To provide a means for Congress to prevent an organization’s designation 

as a foreign terrorist organization from being revoked by the Secretary 

of State. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2022 

Mr. MARSHALL (for himself, Mr. GRASSLEY, and Mr. TILLIS) introduced the 

following bill; which was read twice and referred to the Committee on 

Foreign Relations 

A BILL 

To provide a means for Congress to prevent an organization’s 

designation as a foreign terrorist organization from being 

revoked by the Secretary of State. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REVOCATION OF DESIGNATION AS FOREIGN 

4 TERRORIST ORGANIZATION. 

5 Section 219(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1189(a)) is amended— 

7 (1) in paragraph (4)— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3871 IS

1 (A) in subparagraph (A), by striking 

2 ‘‘paragraph (5) or (6)’’ and inserting ‘‘subpara3 graph (A) or (B) of paragraph (5)’’; and 

4 (B) in subparagraph (C)(i), by striking 

5 ‘‘paragraph (6)’’ and inserting ‘‘paragraph 

6 (5)(B)’’; 

7 (2) by striking paragraphs (5) through (7) and 

8 inserting the following: 

9 ‘‘(5) REVOCATION.— 

10 ‘‘(A) BY AN ACT OF CONGRESS.—The Con11 gress, by an Act of Congress, may block or re12 voke a designation made under paragraph (1). 

13 ‘‘(B) BASED ON CHANGE IN CIR14 CUMSTANCES.— 

15 ‘‘(i) IN GENERAL.—Subject to clauses 

16 (ii) and (iii), the Secretary shall revoke a 

17 designation made under paragraph (1) 

18 with respect to a particular organization if 

19 the Secretary determines, after completing 

20 a review in accordance with subparagraph 

21 (B) or (C) of paragraph (4), that— 

22 ‘‘(I) the circumstances that were 

23 the basis for the designation have 

24 changed in such a manner as to war25 rant such revocation; or 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3871 IS

1 ‘‘(II) the national security of the 

2 United States warrants such revoca3 tion. 

4 ‘‘(ii) EFFECTIVE DATE.—A revocation 

5 under this subparagraph may not take ef6 fect before the date that is 45 days after 

7 the date on which the Secretary, by classi8 fied communication, submits written notifi9 cation to the Speaker and the minority 

10 leader of the House of Representatives, the 

11 President pro tempore, the majority leader 

12 and the minority leader of the Senate, and 

13 the members of the relevant committees of 

14 the House of Representatives and the Sen15 ate, in writing, of the Secretary’s deter16 mination under clause (i), including the 

17 justification for such determination. 

18 ‘‘(C) JOINT RESOLUTION.— 

19 ‘‘(i) IN GENERAL.—A revocation 

20 under subparagraph (B) shall not take ef21 fect with respect to a particular organiza22 tion if Congress, during the 45-day period 

23 beginning on the date on which the Sec24 retary notifies Congress pursuant to clause 

25 (ii), enacts a joint resolution containing 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3871 IS

1 the following statement after the resolving 

2 clause: ‘That the proposed revocation of 

3 the designation of 

4 llllllllllll as a foreign 

5 terrorist organization under section 

6 219(a)(1) of the Immigration and Nation7 ality Act (8 U.S.C. 1189(a)(1)) pursuant 

8 to the notification submitted to the Con9 gress on llllllll is prohibited.’, 

10 with the first blank to be completed with 

11 the name of the foreign terrorist organiza12 tion that is the subject of such proposed 

13 revocation and the second blank to be com14 pleted with the appropriate date. 

15 ‘‘(ii) EXPEDITED PROCEDURES.—A 

16 joint resolution described in clause (i) and 

17 introduced within the appropriate 45-day 

18 period shall be considered in the Senate 

19 and in the House of Representatives in ac20 cordance with the procedures set forth in 

21 clauses (iii) through (x). 

22 ‘‘(iii) COMMITTEE REFERRAL.—A 

23 joint resolution described in clause (i) that 

24 is introduced in the House of Representa25 tives shall be referred to the Committee on 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3871 IS

1 Foreign Affairs of the House of Represent2 atives. A joint resolution described in sub3 clause (I) that is introduced in the Senate 

4 shall be referred to the Committee on For5 eign Relations of the Senate. Such a reso6 lution may not be reported before the 

7 eighth day after its introduction. 

8 ‘‘(iv) DISCHARGE.—If the committee 

9 to which a joint resolution described in 

10 clause (i) is referred does not report such 

11 resolution (or an identical resolution) with12 in 15 days after its introduction— 

13 ‘‘(I) such committee shall be dis14 charged from further consideration of 

15 such resolution; and 

16 ‘‘(II) such resolution shall be 

17 placed on the appropriate calendar of 

18 the House involved. 

19 ‘‘(v) PRIVILEGED MOTION.—When the 

20 committee to which a resolution is referred 

21 has reported, or has been deemed to be 

22 discharged from further consideration of, a 

23 resolution described in clause (i), notwith24 standing any rule or precedent of the Sen25 ate, including Rule 22, it is at any time 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3871 IS

1 thereafter in order (even if a previous mo2 tion to the same effect has been disagreed 

3 to) for any Member of the respective 

4 House to move to proceed to the consider5 ation of the resolution, and all points of 

6 order against the resolution (and against 

7 consideration of the resolution) are waived. 

8 The motion is highly privileged in the 

9 House of Representatives and is privileged 

10 in the Senate and is not debatable. The 

11 motion is not subject to amendment, to a 

12 motion to postpone, or to a motion to pro13 ceed to the consideration of other business. 

14 A motion to reconsider the vote by which 

15 such motion is agreed to or disagreed to 

16 shall not be in order. If a motion to pro17 ceed to the consideration of the resolution 

18 is agreed to, the resolution shall remain 

19 the unfinished business of the respective 

20 House until disposed. 

21 ‘‘(vi) DEBATE.—Debate on a joint 

22 resolution described in clause (i), and on 

23 all debatable motions and appeals in con24 nection therewith, shall be limited to not 

25 more than 10 hours, which shall be divided 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3871 IS

1 equally between those favoring and those 

2 opposing the resolution. A motion to fur3 ther limit debate is in order and not debat4 able. An amendment to the joint resolu5 tion, a motion to postpone, a motion to 

6 proceed to the consideration of other busi7 ness, or a motion to recommit the resolu8 tion is not in order. A motion to reconsider 

9 the vote by which the resolution is agreed 

10 to or disagreed to is not in order. 

11 ‘‘(vii) VOTE.—Immediately following 

12 the conclusion of the debate on a joint res13 olution described in clause (i), and a single 

14 quorum call at the conclusion of the debate 

15 if requested in accordance with the rules of 

16 the appropriate House, the vote on final 

17 passage of the resolution shall occur. 

18 ‘‘(viii) APPEALS.—Appeals from the 

19 decisions of the Chair relating to the appli20 cation of the rules of the Senate or of the 

21 House of Representatives, as the case may 

22 be, to the procedure relating to a joint res23 olution described in clause (i) shall be de24 cided without debate. 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3871 IS

1 ‘‘(ix) PROCEDURES.—If, before the 

2 passage by the Senate of a joint resolution 

3 of the Senate described in clause (i), the 

4 Senate receives a joint resolution described 

5 in clause (i) from the House of Represent6 atives— 

7 ‘‘(I) the resolution of the House 

8 of Representatives shall not be re9 ferred to a committee; 

10 ‘‘(II) with respect to a joint reso11 lution of the Senate described in 

12 clause (i)— 

13 ‘‘(aa) the procedure in the 

14 Senate shall be the same as if 

15 not resolution had been received 

16 from the House of Representa17 tives; and 

18 ‘‘(bb) the vote on final pas19 sage shall be on the resolution of 

20 the House of Representatives; 

21 and 

22 ‘‘(III) upon disposition of the 

23 joint resolution received from the 

24 House of Representatives, it shall no 

25 longer be in order to consider the 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3871 IS

1 joint resolution that originated in the 

2 Senate. 

3 ‘‘(x) SENATE ACTION.—If the Senate 

4 receives a joint resolution described in 

5 clause (i) from the House of Representa6 tives after the Senate has disposed of a 

7 joint resolution described in clause (i) that 

8 originated in the Senate, the action of the 

9 Senate regarding the disposition of the 

10 Senate originated resolution shall be 

11 deemed to be the action of the Senate with 

12 regard to the joint resolution that origi13 nated in the House of Representatives. 

14 ‘‘(D) EFFECT OF REVOCATION.—The rev15 ocation of a designation under this paragraph 

16 shall not affect any action or proceeding based 

17 on conduct committed before the effective date 

18 of such revocation.’’; and 

19 (3) by redesignating paragraph (8) as para20 graph (6). 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS