INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED ACTIVITIES.

SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED ACTIVITIES.(a) In General.—So much of section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence is amended to read as follows:“(i) In general.—Any alien who—“(I) has engaged in a terrorist activity;“(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));119 STAT. 307“(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;“(IV) is a representative (as defined in clause (v)) of—“(aa) a terrorist organization (as defined in clause (vi)); or“(bb) a political, social, or other group that endorses or espouses terrorist activity;“(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);“(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;“(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;“(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or“(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.”.(b) Engage in Terrorist Activity Defined.—Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:“(iv) Engage in terrorist activity defined.—As used in this Act, the term ‘engage in terrorist activity’ means, in an individual capacity or as a member of an organization—“(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;“(II) to prepare or plan a terrorist activity;“(III) to gather information on potential targets for terrorist activity;“(IV) to solicit funds or other things of value for—“(aa) a terrorist activity;“(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or“(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization;“(V) to solicit any individual—“(aa) to engage in conduct otherwise described in this subsection;119 STAT. 308“(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or“(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or“(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training—“(aa) for the commission of a terrorist activity;“(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;“(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or“(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.”.(c) Terrorist Organization Defined.—Section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:“(vi) Terrorist organization defined.—As used in this section, the term ‘terrorist organization’ means an organization—“(I) designated under section 219;“(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or“(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).”.(d) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this division, and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to—119 STAT. 309 (1) removal proceedings instituted before, on, or after the date of the enactment of this division; and(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.