DEFINITIONS RELATING TO TERRORISM.

SEC. 411. DEFINITIONS RELATING TO TERRORISM. (a) Grounds of Inadmissibility.—Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended— (1) in subparagraph (B)— (A) in clause (i)— (i) by amending subclause (IV) to read as follows: “(IV) is a representative (as defined in clause (v)) of— “(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or “(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,” ; (ii) in subclause (V), by inserting “or” after “section 219,”; and (iii) by adding at the end the following new subclauses: “(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or “(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years,” ; (B) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively; (C) in clause (i)(II), by striking “clause (iii)” and inserting “clause (iv)”; (D) by inserting after clause (i) the following: “(ii) Exception.—Subclause (VII) of clause (i) does not apply to a spouse or child— “(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or “(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.” ; (E) in clause (iii) (as redesignated by subparagraph (B))— (i) by inserting “it had been” before “committed in the United States”; and (ii) in subclause (V)(b), by striking “or firearm” and inserting “, firearm, or other weapon or dangerous device”; (F) by amending clause (iv) (as redesignated by subparagraph (B)) to read as follows: “(iv) Engage in terrorist activity defined.—As used in this chapter, 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 that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity; “(V) to solicit any individual— “(aa) to engage in conduct otherwise described in this clause; “(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 that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity; 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 clause (vi)(I) or (vi)(II); or “(dd) to a terrorist organization described in clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization's terrorist activity. This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.” ; and (G) by adding at the end the following new clause: “(vi) Terrorist organization defined.—As used in clause (i)(VI) and clause (iv), 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, as a terrorist organization, after finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or “(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).” ; and (2) by adding at the end the following new subparagraph: “(F) Association with terrorist organizations.—Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.” . (b) Conforming Amendments.— (1) Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking “section 212(a)(3)(B)(iii)” and inserting “section 212(a)(3)(B)(iv)”. (2) Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking “or (IV)” and inserting “(IV), or (VI)”. (c) [8 U.S.C. 1182 note] Retroactive Application of Amendments.— (1) In general.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to— (A) actions taken by an alien before, on, or after such date; and (B) all aliens, without regard to the date of entry or attempted entry into the United States— (i) in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or (ii) seeking admission to the United States on or after such date. (2) Special rule for aliens in exclusion or deportation proceedings.—Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act, shall apply to all aliens in exclusion or deportation proceedings on or after the date of the enactment of this Act (except for proceedings in which there has been a final administrative decision before such date) as if such proceedings were removal proceedings. (3) Special rule for section 219 organizations and organizations designated under section 212(a)(3)(B)(vi)(II).— (A) In general.—Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable under section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments made by subsection (a), on the ground that the alien engaged in a terrorist activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a group at any time when the group was not a terrorist organization designated by the Secretary of State under section 219 of such Act (8 U.S.C. 1189) or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended). (B) Statutory construction.—Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity— (i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or (ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended). (4) Exception.—The Secretary of State, in consultation with the Attorney General, may determine that the amendments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act upon the recommendation of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity. (c) Designation of Foreign Terrorist Organizations.—Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended— (1) in paragraph (1)(B), by inserting “or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent to engage in terrorist activity or terrorism” after “212(a)(3)(B)”; (2) in paragraph (1)(C), by inserting “or terrorism” after “terrorist activity”; (3) by amending paragraph (2)(A) to read as follows: “(A) Notice.— “(i) To congressional leaders.—Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify 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, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor. “(ii) Publication in federal register.—The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).” ; (4) in paragraph (2)(B)(i), by striking “subparagraph (A)” and inserting “subparagraph (A)(ii)”; (5) in paragraph (2)(C), by striking “paragraph (2)” and inserting “paragraph (2)(A)(i)”; (6) in paragraph (3)(B), by striking “subsection (c)” and inserting “subsection (b)”; (7) in paragraph (4)(B), by inserting after the first sentence the following: “The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation.”; (8) in paragraph (6)(A)— (A) by inserting “or a redesignation made under paragraph (4)(B)” after “paragraph (1)”; (B) in clause (i)— (i) by inserting “or redesignation” after “designation” the first place it appears; and (ii) by striking “of the designation”; and (C) in clause (ii), by striking “of the designation”; (9) in paragraph (6)(B)— (A) by striking “through (4)” and inserting “and (3)”; and (B) by inserting at the end the following new sentence: “Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.”; (10) in paragraph (7), by inserting “, or the revocation of a redesignation under paragraph (6),” after “paragraph (5) or (6)”; and (11) in paragraph (8)— (A) by striking “paragraph (1)(B)” and inserting “paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)”; (B) by inserting “or an alien in a removal proceeding” after “criminal action”; and (C) by inserting “or redesignation” before “as a defense”.