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Terrorism: United States Law & Practise
US Antiterrorism and Effective Death Penalty Act of 1996
S.735
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.
`(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
212(a)(3)(B)); and
`(C) the terrorist activity of the organization threatens the
security of United States nationals or the national security of the
United States.
`(2) PROCEDURE-
`(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.
`(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).
`(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).
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part II
Sec. 1182. Excludable aliens
STATUTE
- (a)
- Classes of excludable aliens
Except as otherwise provided in this chapter, the following
describes classes of excludable aliens who are ineligible to receive
visas and who shall be excluded from admission into the United States:
-
- (1)
- Health-related grounds...
- (2)
- Criminal and related grounds...
- (3)
- Security and related grounds
-
- (A)
- In general...
-
- (B)
-
Terrorist activities
-
- (i)
- In general
- Any alien who -
- (I)
- has engaged in a terrorist activity, or
- (II)
- a consular officer or the Attorney General knows, or
has reasonable ground to believe, is likely to engage
after entry in any terrorist activity (as defined in
clause (iii)), is excludable. An alien who is an
officer, official, representative, or spokesman of the
Palestine Liberation Organization is considered, for
purposes of this chapter, to be engaged in a terrorist
activity.
- (ii)
- ''Terrorist activity'' defined
- As used in this chapter, the term ''terrorist activity''
means any activity which is unlawful under the laws of the
place where it is committed (or which, if committed in the
United States, would be unlawful under the laws of the
United States or any State) and which involves any of the
following:
- (I)
- The highjacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle).
- (II)
- The seizing or detaining, and threatening to kill,
injure, or continue to detain, another individual in
order to compel a third person (including a governmental
organization) to do or abstain from doing any act as an
explicit or implicit condition for the release of the
individual seized or detained.
- (III)
- A violent attack upon an internationally protected
person (as defined in section 1116(b)(4) of title 18) or
upon the liberty of such a person.
- (IV)
- An assassination.
- (V)
- The use of any -
-
- (a)
- biological agent, chemical agent, or nuclear
weapon or device, or
- (b)
- explosive or firearm (other than for mere
personal monetary gain), with intent to endanger,
directly or indirectly, the safety of one or more
individuals or to cause substantial damage to
property.
- (VI)
- A threat, attempt, or conspiracy to do any of the
foregoing.
- (iii)
- ''Engage in terrorist activity'' defined
- As used in this chapter, the term ''engage in terrorist
activity'' means to commit, in an individual capacity or as
a member of an organization, an act of terrorist activity or
an act which the actor knows, or reasonably should know,
affords material support
to any individual, organization, or government in conducting
a terrorist activity at any time, including any of the
following acts:
- (I)
- The preparation or planning of a terrorist
activity.
- (II)
- The gathering of information on potential targets
for terrorist activity.
- (III)
- The providing of any type of material support,
including a safe house, transportation, communications,
funds, false identification, weapons, explosives, or
training, to any individual the actor knows or has
reason to believe has committed or plans to commit a
terrorist activity.
- (IV)
- The soliciting of funds or other things of value for
terrorist activity or for any terrorist organization.
- (V)
- The solicitation of any individual for membership in
a terrorist organization, terrorist government, or to
engage in a terrorist activity.
- (C)
- Foreign policy...
- (D)
- Immigrant membership in totalitarian party...
- (E)
- Participants in Nazi persecutions or genocide...
- .............
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