S.735
Antiterrorism and Effective Death Penalty Act of 1996 (Enrolled Bill (Sent to President))
SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) IN GENERAL- Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:
`SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
`(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;
`(C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States.
`(A) NOTICE- Seven days before making a designation under this subsection, the Secretary shall, by classified communication--
`(i) 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, in writing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor; and
`(ii) seven days after such notification, publish the designation in the Federal Register.
`(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) 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), 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.
`(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).
`(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 foreign 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. 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).