8 U.S.C. § 1189 : US Code - Section 1189: Designation of foreign terrorist organizations

Search 8 U.S.C. § 1189 : US Code - Section 1189: Designation of foreign terrorist organizations

(a) Designation
(1) In general
The Secretary is authorized to designate an organization as a
foreign 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 section 1182(a)(3)(B) of this title or terrorism (as
defined in section 2656f(d)(2) of title 22), or retains the
capability and intent to engage in terrorist activity or
terrorism) (!1); and
(C) the terrorist activity or terrorism of the organization
threatens the security of United States nationals or the
national security of the United States.
(2) Procedure
(A) 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, a designation
under this subsection shall take effect upon publication under
subparagraph (A)(ii).
(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), the Secretary of
the Treasury may require United States financial institutions
possessing or controlling any assets of any foreign
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 (c) of this section.
(4) Period of designation
(A) In general
A designation under this subsection shall be effective for
all purposes until revoked under paragraph (5) or (6) or set
aside pursuant to subsection (c) of this section.
(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) of this section.
(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).
(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.
(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) at any time, and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs (B) and (C) of
paragraph (4) if the Secretary finds that - 
(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation; or
(ii) the national security of the United States warrants a
revocation.
(B) Procedure
The procedural requirements of paragraphs (2) and (3) shall
apply to a revocation under this paragraph. 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)
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
under paragraph (2)(B) a defendant in a criminal action or an
alien in a removal proceeding shall not be permitted to raise any
question concerning the validity of the issuance of such
designation as a defense or an objection at any trial or hearing.
(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) of this section
shall apply to an amended designation upon such publication.
Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection
(a) of this section 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) of this section.
(c) Judicial review of designation
(1) In general
Not later than 30 days after publication 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 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, amended designation, or determination in
response to a petition for revocation.
(3) Scope of review
The Court shall hold unlawful and set aside a designation,
amended designation, or determination in response to a petition
for revocation 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),(!2) or
(E) not in accord with the procedures required by law.
(4) Judicial review invoked
The pendency of an action for judicial review of a designation,
amended designation, or determination in response to a petition
for revocation shall not affect the application of this section,
unless the court issues a final order setting aside the
designation, amended designation, or determination in response to
a petition for revocation.
(d) 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.