skip to main content

S. 3871: 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.


The text of the bill below is as of Mar 17, 2022 (Introduced).

Summary of this bill

Who decides if a FTO should GTFO?

Context

The State Department maintains an official list of groups which it has designated as Foreign Terrorist Organizations (FTO’s). There are currently 68 such organizations, which U.S. citizens are barred from financially supporting.

The most recently added, in December 2021, are the so-called “FARC dissidents” in Colombia, who refused to stop fighting even after a 2016 peace treaty in the country. (The official guerilla group FARC, which was primarily responsible for the fighting before 2016, was delisted the exact same day.)

Indeed, 20 organizations have been delisted over time — most recently five groups in May, all of which were believed to …


II

117th CONGRESS

2d Session

S. 3871

IN THE SENATE OF THE UNITED STATES

March 17, 2022

(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.

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).