‘‘(III) PUBLICATION OF DETER-
MINATION.—A determination made by 
the Secretary under this clause shall 
be published in the Federal Register. 
‘‘(IV) PROCEDURES.—Any rev-
ocation by the Secretary shall be 
made in accordance with paragraph 
(6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-
paragraph (B), the Secretary shall review 
the designation of the criminal gang in 
order to determine whether such designa-
tion should be revoked pursuant to para-
graph (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 sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Secretary. The results of such re-
view and the applicable procedures shall 
not be reviewable in any court. 
VerDate Sep 11 2014 
02:17 Feb 01, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H175.IH
H175
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Secretary shall publish any 
determination made pursuant to this sub-
paragraph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or re-
voke a designation made under paragraph (1). 
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Secretary may re-
voke a designation made under paragraph (1) 
at any time, and shall revoke a designation 
upon completion of a review conducted pursu-
ant to subparagraphs (B) and (C) of paragraph 
(4) if the Secretary finds that— 
‘‘(i) the group, club, organization, or 
association of 5 or more persons that has 
been designated as a criminal gang is no 
longer described in section 101(a)(53); or 
‘‘(ii) the national security or the law 
enforcement interests of the United States 
warrants a revocation. 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
VerDate Sep 11 2014 
02:17 Feb 01, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H175.IH
H175
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR-
ING.—If a designation under this subsection has be-
come effective under paragraph (2) an alien in a re-
moval proceeding shall not be permitted to raise any 
question concerning the validity of the issuance of 
such designation as a defense or an objection. 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary may amend 
a designation under this subsection if the Secretary 
finds that the group, club, organization, or associa-
tion of 5 or more persons has changed its name, 
adopted a new alias, dissolved and then reconsti-
tuted itself under a different name or names, or 
merged with another group, club, organization, or 
association of 5 or more persons. 
‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
VerDate Sep 11 2014 
02:17 Feb 01, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H175.IH
H175
kjohnson on DSK7ZCZBW3PROD with $$_JOB
be effective upon publication in the Federal Register. 
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-
section (a) shall also apply to an amended designa-
tion. 
‘‘(3) ADMINISTRATIVE RECORD.—The adminis-
trative record shall be corrected to include the 
amendments as well as any additional relevant infor-
mation that supports those amendments. 
‘‘(4) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in amend-
ing a designation in accordance with this subsection. 
Classified information shall not be subject to disclo-
sure for such time as it remains classified, except 
that such information may be disclosed to a court ex 
parte and in camera for purposes of judicial review 
under subsection (c) of this section. 
‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication in the Federal Register of a des-
ignation, an amended designation, or a determina-
tion in response to a petition for revocation, the des-
ignated group, club, organization, or association of 5 
or more persons may seek judicial review in the 
United States Court of Appeals for the District of 
Columbia Circuit. 
VerDate Sep 11 2014 
02:17 Feb 01, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H175.IH
H175
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record, except that the Government may submit, 
for ex parte and in camera review, classified infor-
mation used in making the designation, amended 
designation, or determination in response to a peti-
tion for revocation. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation, amended des-
ignation, or determination in response to a petition 
for revocation the court finds to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under 
paragraph (2); or 
‘‘(E) not in accord with the procedures re-
quired by law. 
VerDate Sep 11 2014 
02:17 Feb 01, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H175.IH
H175
kjohnson on DSK7ZCZBW3PROD with $$_JOB