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. 
(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 circumstances that were the 
basis for the designation have changed in 
such a manner as to warrant revocation; or 
(ii) the national security of the United 
States warrants a revocation. 
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(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to 
a revocation under this paragraph. Any revoca-
tion shall take effect on the date specified in 
the revocation or upon publication in the Fed-
eral 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 
occurring 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)(B) a defendant 
in a criminal action or an alien in a removal pro-
ceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such des-
ignation as a defense or an objection at any trial or 
hearing. 
(b) AMENDMENTS TO A DESIGNATION.— 
(1) IN GENERAL.—The Secretary may amend a 
designation under this subsection if the Secretary 
finds that the organization has changed its name, 
adopted a new alias, dissolved and then reconsti-
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tuted itself under a different name or names, or 
merged with another organization. 
(2) PROCEDURE.—Amendments made to a des-
ignation in accordance with paragraph (1) shall be 
effective upon publication in the Federal Register. 
Subparagraphs (B) and (C) of subsection (a)(2) 
shall apply to an amended designation upon such 
publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 
and (8) of subsection (a) shall also apply to an 
amended designation. 
(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 Secretary 
may consider classified information in amending a 
designation in accordance with this subsection. Clas-
sified 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). 
(c) JUDICIAL REVIEW OF DESIGNATION.— 
(1) IN GENERAL.—Not later than 30 days after 
publication in the Federal Register of a designation, 
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an amended designation, or a determination in re-
sponse to a petition for revocation, the designated 
organization may seek judicial review in the United 
States Court of Appeals for the District of Columbia 
Circuit. 
(2) BASIS OF REVIEW.—Review under this sub-
section 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, amended designa-
tion, or determination in response to a petition 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; 
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(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. 
(4) JUDICIAL
REVIEW
INVOKED.—The pend-
ency of an action for judicial review of a designation, 
amended designation, or determination in response 
to a petition for revocation shall not affect the appli-
cation of this section, unless the court issues a final 
order setting aside the designation, amended des-
ignation, or determination in response to a petition 
for revocation. 
(d) DEFINITIONS.—As used in this section— 
(1) the term ‘‘classified information’’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.); 
(2) the term ‘‘national security’’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; 
(3) the term ‘‘foreign organization’’ includes a 
group of persons or an organization whose leader-
ship is primarily based in a country outside of the 
United States; 
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