I 

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.

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

2 This Act may be cited as the ‘‘Designation of Foreign 

3 Terrorist Organizations Reform Act’’. 

4 SEC. 2. DESIGNATION OF FOREIGN TERRORIST ORGANIZA5 TIONS. 

6 (a) PERIOD OF DESIGNATION.—Section 219(a)(4) of 

7 the Immigration and Nationality Act (8 U.S.C. 

8 1189(a)(4)) is amended—

9 (1) in subparagraph (A)—

10 (A) by striking ‘‘Subject to paragraphs (5) 

11 and (6), a’’ and inserting ‘‘A’’; and 

12 (B) by striking ‘‘for a period of 2 years be13 ginning on the effective date of the designation 

14 under paragraph (2)(B)’’ and inserting ‘‘until 

15 revoked under paragraph (5) or (6) or set aside 

16 pursuant to subsection (c)’’; 

17 (2) by striking subparagraph (B) and inserting 

18 the following: 

19 ‘‘(B) REVIEW OF DESIGNATION UPON PE20 TITION.—

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall review the designation of a foreign 

23 terrorist organization under the procedures 

24 set forth in clauses (iii) and (iv) if the des25 ignated organization files a petition for 
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1 revocation within the petition period de2 scribed in clause (ii). 

3 ‘‘(ii) PETITION PERIOD.—For pur4 poses of clause (i)—

5 ‘‘(I) if the designated organiza6 tion has not previously filed a petition 

7 for revocation under this subpara8 graph, the petition period begins 2 

9 years after the date on which the des10 ignation was made; or 

11 ‘‘(II) if the designated organiza12 tion has previously filed a petition for 

13 revocation under this subparagraph, 

14 the petition period begins 2 years 

15 after the date of the determination 

16 made under clause (iv) on that peti17 tion. 

18 ‘‘(iii) PROCEDURES.—Any foreign ter19 rorist organization that submits a petition 

20 for revocation under this subparagraph 

21 must provide evidence in that petition that 

22 the relevant circumstances described in 

23 paragraph (1) have changed in such a 

24 manner as to warrant revocation with re25 spect to the organization. 
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1 ‘‘(iv) DETERMINATION.—

2 ‘‘(I) IN GENERAL.—Not later 

3 than 180 days after receiving a peti4 tion for revocation submitted under 

5 this subparagraph, the Secretary shall 

6 make a determination as to such rev7 ocation. 

8 ‘‘(II) CLASSIFIED INFORMA9 TION.—The Secretary may consider 

10 classified information in making a de11 termination in response to a petition 

12 for revocation. Classified information 

13 shall not be subject to disclosure for 

14 such time as it remains classified, ex15 cept that such information may be 

16 disclosed to a court ex parte and in 

17 camera for purposes of judicial review 

18 under subsection (c). 

19 ‘‘(III) PUBLICATION OF DETER20 MINATION.—A determination made by 

21 the Secretary under this clause shall 

22 be published in the Federal Register. 

23 ‘‘(IV) PROCEDURES.—Any rev24 ocation by the Secretary shall be 
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1 made in accordance with paragraph 

2 (6).’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(C) OTHER REVIEW OF DESIGNATION.—

5 ‘‘(i) IN GENERAL.—If in a 4-year pe6 riod no review has taken place under sub7 paragraph (B), the Secretary shall review 

8 the designation of the foreign terrorist or9 ganization in order to determine whether 

10 such designation should be revoked pursu11 ant to paragraph (6). 

12 ‘‘(ii) PROCEDURES.—If a review does 

13 not take place pursuant to subparagraph 

14 (B) in response to a petition for revocation 

15 that is filed in accordance with that sub16 paragraph, then the review shall be con17 ducted pursuant to procedures established 

18 by the Secretary. The results of such re19 view and the applicable procedures shall 

20 not be reviewable in any court. 

21 ‘‘(iii) PUBLICATION OF RESULTS OF

22 REVIEW.—The Secretary shall publish any 

23 determination made pursuant to this sub24 paragraph in the Federal Register.’’. 
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1 (b) ALIASES.—Section 219 of the Immigration and 

2 Nationality Act (8 U.S.C. 1189) is amended—

3 (1) by redesignating subsections (b) and (c) as 

4 subsections (c) and (d), respectively; and 

5 (2) by inserting after subsection (a) the fol6 lowing new subsection (b): 

7 ‘‘(b) AMENDMENTS TO A DESIGNATION.—

8 ‘‘(1) IN GENERAL.—The Secretary may amend 

9 a designation under this subsection if the Secretary 

10 finds that the organization has changed its name, 

11 adopted a new alias, dissolved and then reconsti12 tuted itself under a different name or names, or 

13 merged with another organization. 

14 ‘‘(2) PROCEDURE.—Amendments made to a 

15 designation in accordance with paragraph (1) shall 

16 be effective upon publication in the Federal Register. 

17 Subparagraphs (B) and (C) of subsection (a)(2) 

18 shall apply to an amended designation upon such 

19 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 

20 and (8) of subsection (a) shall also apply to an 

21 amended designation. 

22 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis23 trative record shall be corrected to include the 

24 amendments as well as any additional relevant infor25 mation that supports those amendments. 
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1 ‘‘(4) CLASSIFIED INFORMATION.—The Sec2 retary may consider classified information in amend3 ing a designation in accordance with this subsection. 

4 Classified information shall not be subject to disclo5 sure for such time as it remains classified, except 

6 that such information may be disclosed to a court ex 

7 parte and in camera for purposes of judicial review 

8 under subsection (c).’’. 

9 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Section 219 of the Immigration and Nationality Act (8 

11 U.S.C. 1189) is amended—

12 (1) in subsection (a)—

13 (A) in paragraph (3)(B), by striking ‘‘sub14 section (b)’’ and inserting ‘‘subsection (c)’’; 

15 (B) in paragraph (6)(A)—

16 (i) in the matter preceding clause (i), 

17 by striking ‘‘or a redesignation made under 

18 paragraph (4)(B)’’ and inserting ‘‘at any 

19 time, and shall revoke a designation upon 

20 completion of a review conducted pursuant 

21 to subparagraphs (B) and (C) of para22 graph (4)’’; and 

23 (ii) in clause (i), by striking ‘‘or redes24 ignation’’; 
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1 (C) in paragraph (7), by striking ‘‘, or the 

2 revocation of a redesignation under paragraph 

3 (6),’’; and 

4 (D) in paragraph (8)—

5 (i) by striking ‘‘, or if a redesignation 

6 under this subsection has become effective 

7 under paragraph (4)(B),’’; and 

8 (ii) by striking ‘‘or redesignation’’; 

9 and 

10 (2) in subsection (c), as so redesignated—

11 (A) in paragraph (1), by striking ‘‘of the 

12 designation in the Federal Register,’’ and all 

13 that follows through ‘‘review of the designa14 tion’’ and inserting ‘‘in the Federal Register of 

15 a designation, an amended designation, or a de16 termination in response to a petition for revoca17 tion, the designated organization may seek judi18 cial review’’; 

19 (B) in paragraph (2), by inserting ‘‘, 

20 amended designation, or determination in re21 sponse to a petition for revocation’’ after ‘‘des22 ignation’’; 

23 (C) in paragraph (3), by inserting ‘‘, 

24 amended designation, or determination in re-
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1 sponse to a petition for revocation’’ after ‘‘des2 ignation’’; and 

3 (D) in paragraph (4), by inserting ‘‘, 

4 amended designation, or determination in re5 sponse to a petition for revocation’’ after ‘‘des6 ignation’’ each place that term appears. 

7 (d) SAVINGS PROVISION.—For purposes of applying 

8 section 219 of the Immigration and Nationality Act on 

9 or after the date of enactment of this Act, the term ‘‘des10 ignation’’, as used in that section, includes all redesigna11 tions made pursuant to section 219(a)(4)(B) of the Immi12 gration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) 

13 prior to the date of enactment of this Act, and such redes14 ignations shall continue to be effective until revoked as 

15 provided in paragraph (5) or (6) of section 219(a) of the 

16 Immigration and Nationality Act (8 U.S.C. 1189(a)). 

17 SEC. 3. INCLUSION IN ANNUAL DEPARTMENT OF STATE 

18 COUNTRY REPORTS ON TERRORISM OF IN19 FORMATION ON TERRORIST GROUPS THAT 

20 SEEK WEAPONS OF MASS DESTRUCTION AND 

21 GROUPS THAT HAVE BEEN DESIGNATED AS 

22 FOREIGN TERRORIST ORGANIZATIONS. 

23 (a) INCLUSION IN REPORTS.—Section 140 of the 

24 Foreign Relations Authorization Act, Fiscal Years 1988 

25 and 1989 (22 U.S.C. 2656f) is amended—
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1 (1) in subsection (a)(2)—

2 (A) by inserting ‘‘any terrorist group 

3 known to have obtained or developed, or to have 

4 attempted to obtain or develop, weapons of 

5 mass destruction,’’ after ‘‘during the preceding 

6 five years,’’; and 

7 (B) by inserting ‘‘any group designated by 

8 the Secretary as a foreign terrorist organization 

9 under section 219 of the Immigration and Na10 tionality Act (8 U.S.C. 1189),’’ after ‘‘Export 

11 Administration Act of 1979,’’; 

12 (2) in subsection (b)(1)(C)(iii), by striking 

13 ‘‘and’’ at the end; 

14 (3) in subsection (b)(1)(C)—

15 (A) by redesignating clause (iv) as clause 

16 (v); and 

17 (B) by inserting after clause (iii) the fol18 lowing new clause: 

19 ‘‘(iv) providing weapons of mass de20 struction, or assistance in obtaining or de21 veloping such weapons, to terrorists or ter22 rorist groups; and’’; and 

23 (4) in subsection (b)(2)—
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1 (A) by redesignating subparagraphs (C), 

2 (D), and (E) as (D), (E), and (F), respectively; 

3 and 

4 (B) by inserting after subparagraph (B) 

5 the following new subparagraph: 

6 ‘‘(C) efforts by those groups to obtain or 

7 develop weapons of mass destruction;’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall apply beginning with the first report 

10 under section 140 of the Foreign Relations Authorization 

11 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), sub12 mitted more than one year after the date of the enactment 

13 of this Act.

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