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.
Bill: S.3871 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: International Affairs

Summary:
This bill requires the Department of State to notify Congress at least 45 days before revoking a designation of an organization as a foreign terrorist organization. Congress may prohibit the revocation by enacting a joint resolution within 45 days of the State Department's notification.

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.

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

SECTION 1. REVOCATION OF DESIGNATION AS FOREIGN TERRORIST ORGANIZATION.

    Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 
1189(a)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``paragraph 
                (5) or (6)'' and inserting ``subparagraph (A) or (B) of 
                paragraph (5)''; and
                    (B) in subparagraph (C)(i), by striking ``paragraph 
                (6)'' and inserting ``paragraph (5)(B)'';
            (2) by striking paragraphs (5) through (7) and inserting 
        the following:
            ``(5) Revocation.--
                    ``(A) By an act of congress.--The Congress, by an 
                Act of Congress, may block or revoke a designation made 
                under paragraph (1).
                    ``(B) Based on change in circumstances.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the Secretary shall revoke a 
                        designation made under paragraph (1) with 
                        respect to a particular organization if the 
                        Secretary determines, after completing a review 
                        in accordance with subparagraph (B) or (C) of 
                        paragraph (4), that--
                                    ``(I) the circumstances that were 
                                the basis for the designation have 
                                changed in such a manner as to warrant 
                                such revocation; or
                                    ``(II) the national security of the 
                                United States warrants such revocation.
                            ``(ii) Effective date.--A revocation under 
                        this subparagraph may not take effect before 
                        the date that is 45 days after the date on 
                        which the Secretary, by classified 
                        communication, submits written notification to 
                        the Speaker and the minority leader of the 
                        House of Representatives, the President pro 
                        tempore, the majority leader and the minority 
                        leader of the Senate, and the members of the 
                        relevant committees of the House of 
                        Representatives and the Senate, in writing, of 
                        the Secretary's determination under clause (i), 
                        including the justification for such 
                        determination.
                    ``(C) Joint resolution.--
                            ``(i) In general.--A revocation under 
                        subparagraph (B) shall not take effect with 
                        respect to a particular organization if 
                        Congress, during the 45-day period beginning on 
                        the date on which the Secretary notifies 
                        Congress pursuant to clause (ii), enacts a 
                        joint resolution containing the following 
                        statement after the resolving clause: `That the 
                        proposed revocation of the designation of 
                        ____________ as a foreign terrorist 
                        organization under section 219(a)(1) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1189(a)(1)) pursuant to the notification 
                        submitted to the Congress on ________ is 
                        prohibited.', with the first blank to be 
                        completed with the name of the foreign 
                        terrorist organization that is the subject of 
                        such proposed revocation and the second blank 
                        to be completed with the appropriate date.
                            ``(ii) Expedited procedures.--A joint 
                        resolution described in clause (i) and 
                        introduced within the appropriate 45-day period 
                        shall be considered in the Senate and in the 
                        House of Representatives in accordance with the 
                        procedures set forth in clauses (iii) through 
                        (x).
                            ``(iii) Committee referral.--A joint 
                        resolution described in clause (i) that is 
                        introduced in the House of Representatives 
                        shall be referred to the Committee on Foreign 
                        Affairs of the House of Representatives. A 
                        joint resolution described in subclause (I) 
                        that is introduced in the Senate shall be 
                        referred to the Committee on Foreign Relations 
                        of the Senate. Such a resolution may not be 
                        reported before the eighth day after its 
                        introduction.
                            ``(iv) Discharge.--If the committee to 
                        which a joint resolution described in clause 
                        (i) is referred does not report such resolution 
                        (or an identical resolution) within 15 days 
                        after its introduction--
                                    ``(I) such committee shall be 
                                discharged from further consideration 
                                of such resolution; and
                                    ``(II) such resolution shall be 
                                placed on the appropriate calendar of 
                                the House involved.
                            ``(v) Privileged motion.--When the 
                        committee to which a resolution is referred has 
                        reported, or has been deemed to be discharged 
                        from further consideration of, a resolution 
                        described in clause (i), notwithstanding any 
                        rule or precedent of the Senate, including Rule 
                        22, it is at any time thereafter in order (even 
                        if a previous motion to the same effect has 
                        been disagreed to) for any Member of the 
                        respective House to move to proceed to the 
                        consideration of the resolution, and all points 
                        of order against the resolution (and against 
                        consideration of the resolution) are waived. 
                        The motion is highly privileged in the House of 
                        Representatives and is privileged in the Senate 
                        and is not debatable. The motion is not subject 
                        to amendment, to a motion to postpone, or to a 
                        motion to proceed to the consideration of other 
                        business. A motion to reconsider the vote by 
                        which such motion is agreed to or disagreed to 
                        shall not be in order. If a motion to proceed 
                        to the consideration of the resolution is 
                        agreed to, the resolution shall remain the 
                        unfinished business of the respective House 
                        until disposed.
                            ``(vi) Debate.--Debate on a joint 
                        resolution described in clause (i), and on all 
                        debatable motions and appeals in connection 
                        therewith, shall be limited to not more than 10 
                        hours, which shall be divided equally between 
                        those favoring and those opposing the 
                        resolution. A motion to further limit debate is 
                        in order and not debatable. An amendment to the 
                        joint resolution, a motion to postpone, a 
                        motion to proceed to the consideration of other 
                        business, or a motion to recommit the 
                        resolution is not in order. A motion to 
                        reconsider the vote by which the resolution is 
                        agreed to or disagreed to is not in order.
                            ``(vii) Vote.--Immediately following the 
                        conclusion of the debate on a joint resolution 
                        described in clause (i), and a single quorum 
                        call at the conclusion of the debate if 
                        requested in accordance with the rules of the 
                        appropriate House, the vote on final passage of 
                        the resolution shall occur.
                            ``(viii) Appeals.--Appeals from the 
                        decisions of the Chair relating to the 
                        application of the rules of the Senate or of 
                        the House of Representatives, as the case may 
                        be, to the procedure relating to a joint 
                        resolution described in clause (i) shall be 
                        decided without debate.
                            ``(ix) Procedures.--If, before the passage 
                        by the Senate of a joint resolution of the 
                        Senate described in clause (i), the Senate 
                        receives a joint resolution described in clause 
                        (i) from the House of Representatives--
                                    ``(I) the resolution of the House 
                                of Representatives shall not be 
                                referred to a committee;
                                    ``(II) with respect to a joint 
                                resolution of the Senate described in 
                                clause (i)--
                                            ``(aa) the procedure in the 
                                        Senate shall be the same as if 
                                        not resolution had been 
                                        received from the House of 
                                        Representatives; and
                                            ``(bb) the vote on final 
                                        passage shall be on the 
                                        resolution of the House of 
                                        Representatives; and
                                    ``(III) upon disposition of the 
                                joint resolution received from the 
                                House of Representatives, it shall no 
                                longer be in order to consider the 
                                joint resolution that originated in the 
                                Senate.
                            ``(x) Senate action.--If the Senate 
                        receives a joint resolution described in clause 
                        (i) from the House of Representatives after the 
                        Senate has disposed of a joint resolution 
                        described in clause (i) that originated in the 
                        Senate, the action of the Senate regarding the 
                        disposition of the Senate originated resolution 
                        shall be deemed to be the action of the Senate 
                        with regard to the joint resolution that 
                        originated in the House of Representatives.
                    ``(D) Effect of revocation.--The revocation of a 
                designation under this paragraph shall not affect any 
                action or proceeding based on conduct committed before 
                the effective date of such revocation.''; and
            (3) by redesignating paragraph (8) as paragraph (6).
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