H.R. 8438House117th Congress (2021-2023)In Committee

Foreign Terrorist Organization Designation Act of 2022

Sponsored by Don BaconRep. Don Bacon (R-NE)
Introduced July 20, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:45 PM UTC

The Foreign Terrorist Organization Designation Act of 2022 changes how the United States handles designations of foreign terrorist groups. It requires the Secretaries of State and Defense to jointly certify that a group has not engaged in terrorism for two years before any revocation of its designation. The bill also expands immigration restrictions to include members and conscripts of the Islamic Revolutionary Guard Corps and gives Congress the power to block a revocation by passing a law.

Key Provisions

  • Adds members, conscripts, former members, and former conscripts of the Islamic Revolutionary Guard Corps to the list of persons barred from immigration waivers for foreign terrorist organizations.
  • Requires a joint certification from the Secretaries of State and Defense, confirming a two‑year period without terrorist activity, before a foreign terrorist organization designation can be revoked.
  • Allows Congress, through legislation, to prevent a revocation of a foreign terrorist organization designation.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Citizenship.

November 1, 2022

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HouseIntro Referral

Introduced in House

July 20, 2022

HouseIntro Referral

Referred to the House Committee on the Judiciary.

July 20, 2022

HouseCommittee

Referred to the Subcommittee on Immigration and Citizenship.

November 1, 2022

Floor Debate

2 members

What members said about H.R. 8438 on the floor

2 Democrats
Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Feb 1, 2022

Madam President, today, the Senate will consider S. Res. 345, legislation I authored with Senator Roger Wicker to bring attention to the people of Belarus and their pursuit of democracy. Since…

Robert Menendez
Sen. Robert MenendezD-NJ · Feb 1, 2022

Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 167, S. Res. 345. I further ask that the Shaheen amendment at the desk to the…

Bill Text

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Introduced in HouseIssued July 20, 2022

I

117th CONGRESS

2d Session

H. R. 8438

IN THE HOUSE OF REPRESENTATIVES

July 20, 2022

Mr. Bacon introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To specify that revoking a Foreign Terrorist Organization designation requires a joint certification from the Secretary of State and Secretary of Defense, to restrict waiver authority for allowing members and conscripts of Foreign Terrorist Organizations into the United States, and for other purposes.

1.

Short title

This Act may be cited as the Foreign Terrorist Organization Designation Act of 2022.

2.

Treatment of Foreign Terrorist Organizations

(a)

Islamic Revolutionary Guard Corps

Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—

(1)

in subsection (a)(3)(B)(i), in the matter following subclause (IX), by inserting after the Palestine Liberation Organization the following: , or a member or conscript or a former member or conscript of the Islamic Revolutionary Guard Corps,; and

(2)

in subsection (d)(3)(B)(i), by inserting , no such waiver may be extended to an alien who is a member or representative of, or has knowingly and voluntarily provided any level of support to an organization described in subsection (a)(3)(B)(vi)(I) before , and no such waiver may.

(b)

Revocation

Section 219(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(6)) is amended—

(1)

by amending subparagraph (A) to read as follows:

(A)

In general

The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if—

(i)

the Secretary finds that—

(I)

the organization no longer fits the criteria listed under subparagraphs (B) and (C) of paragraph (1); or

(II)

the national security of the United States warrants a revocation; and

(ii)

the Secretary of State and the Secretary of Defense submit to 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 of the House of Representatives and the Senate, together with the findings and the factual basis of the revocation, a joint certification, indicating that the organization has not engaged in terrorism or support of terrorism for 2 years prior to the proposed revocation of the designation.

; and

(2)

by adding at the end the following:

(C)

Congressional authority

The Congress, by an Act of Congress, may block a revocation of a designation made under paragraph (1).

.