Page:United States Statutes at Large Volume 110 Part 2.djvu/75

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1249 "(A) IN GENI:RAL,—Subject to paragraphs (5) and (6), Effective date. 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). "(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES. — "(A) IN GENERAL. —The Secretary may revoke a designation made under paragraph (1) if the Secretary finds that- 'll) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation of the designation; or "(ii) the national security of the United States warrants a revocation of the designation. "(B) PROCEDURE. —The procedural requirements of paragraphs (2) through (4) shall apply to a revocation under this paragraph. "(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 (1)(B), a defendant in a criminal action 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) JUDICIAL REVIEW OF DESIGNATION.— "(1) IN GENERAL.— Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation 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. "(3) SCOPE OF REVIEW.— The Court shall hold unlawful and set aside a designation 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; or "(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right.