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‘‘(2) Such access shall be provided by means of ex-
tracts of the records for placement in the automated visa
lookout or other appropriate database, and shall be pro-
vided without any fee or charge.
‘‘(3) The Federal Bureau of Investigation shall pro-
vide periodic updates of the extracts at intervals mutually
agreed upon with the agency receiving the access. Upon
receipt of such updated extracts, the receiving agency shall
make corresponding updates to its database and destroy
previously provided extracts.
‘‘(4) Access to an extract does not entitle the Depart-
ment of State to obtain the full content of the cor-
responding automated criminal history record. To obtain
the full content of a criminal history record, the Depart-
ment of State shall submit the applicant’s fingerprints and
any appropriate fingerprint processing fee authorized by
law to the Criminal Justice Information Services Division
of the Federal Bureau of Investigation.
‘‘(c) The provision of the extracts described in sub-
section (b) may be reconsidered by the Attorney General
and the receiving agency upon the development and de-
ployment of a more cost-effective and efficient means of
sharing the information.
‘‘(d) For purposes of administering this section, the
Department of State shall, prior to receiving access to
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NCIC data but not later than 4 months after the date
of enactment of this subsection, promulgate final
regulations—
‘‘(1) to implement procedures for the taking of
fingerprints; and
‘‘(2) to establish the conditions for the use of
the information received from the Federal Bureau of
Investigation, in order—
‘‘(A) to limit the redissemination of such
information;
‘‘(B) to ensure that such information is
used solely to determine whether or not to issue
a visa to an alien or to admit an alien to the
United States;
‘‘(C) to ensure the security, confidentiality,
and destruction of such information; and
‘‘(D) to protect any privacy rights of indi-
viduals who are subjects of such information.’’.
(b) REPORTING REQUIREMENT.—Not later than 2
years after the date of enactment of this Act, the Attorney
General and the Secretary of State jointly shall report to
Congress on the implementation of the amendments made
by this section.
(c) TECHNOLOGY STANDARD
TO CONFIRM IDEN-
TITY.—
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(1) IN GENERAL.—The Attorney General and
the Secretary of State jointly, through the National
Institute of Standards and Technology (NIST), and
in consultation with the Secretary of the Treasury
and other Federal law enforcement and intelligence
agencies the Attorney General or Secretary of State
deems appropriate and in consultation with Con-
gress, shall within 2 years after the date of the en-
actment of this section, develop and certify a tech-
nology standard that can be used to verify the iden-
tity of persons applying for a United States visa or
such persons seeking to enter the United States pur-
suant to a visa for the purposes of conducting back-
ground checks, confirming identity, and ensuring
that a person has not received a visa under a dif-
ferent name or such person seeking to enter the
United States pursuant to a visa.
(2) INTEGRATED.—The technology standard de-
veloped pursuant to paragraph (1), shall be the tech-
nological basis for a cross-agency, cross-platform
electronic system that is a cost-effective, efficient,
fully integrated means to share law enforcement and
intelligence information necessary to confirm the
identity of such persons applying for a United States
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visa or such person seeking to enter the United
States pursuant to a visa.
(3) ACCESSIBLE.—The electronic system de-
scribed in paragraph (2), once implemented, shall be
readily and easily accessible to—
(A) all consular officers responsible for the
issuance of visas;
(B) all Federal inspection agents at all
United States border inspection points; and
(C) all law enforcement and intelligence of-
ficers as determined by regulation to be respon-
sible for investigation or identification of aliens
admitted to the United States pursuant to a
visa.
(4) REPORT.—Not later than 18 months after
the date of the enactment of this Act, and every 2
years thereafter, the Attorney General and the Sec-
retary of State shall jointly, in consultation with the
Secretary of Treasury, report to Congress describing
the development, implementation, efficacy, and pri-
vacy implications of the technology standard and
electronic database system described in this sub-
section.
(5) FUNDING.—There is authorized to be ap-
propriated to the Secretary of State, the Attorney
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General, and the Director of the National Institute
of Standards and Technology such sums as may be
necessary to carry out the provisions of this sub-
section.
(d) STATUTORY CONSTRUCTION.—Nothing in this
section, or in any other law, shall be construed to limit
the authority of the Attorney General or the Director of
the Federal Bureau of Investigation to provide access to
the criminal history record information contained in the
National Crime Information Center’s (NCIC) Interstate
Identification Index (NCIC-III), or to any other informa-
tion maintained by the NCIC, to any Federal agency or
officer authorized to enforce or administer the immigra-
tion laws of the United States, for the purpose of such
enforcement or administration, upon terms that are con-
sistent with the National Crime Prevention and Privacy
Compact Act of 1998 (subtitle A of title II of Public Law
105–251; 42 U.S.C. 14611–16) and section 552a of title
5, United States Code.
SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.
The matter under the headings ‘‘Immigration And
Naturalization Service: Salaries and Expenses, Enforce-
ment And Border Affairs’’ and ‘‘Immigration And Natu-
ralization Service: Salaries and Expenses, Citizenship And
Benefits, Immigration And Program Direction’’ in the De-
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partment of Justice Appropriations Act, 2001 (as enacted
into law by Appendix B (H.R. 5548) of Public Law 106–
553 (114 Stat. 2762A–58 to 2762A–59)) is amended by
striking the following each place it occurs: ‘‘Provided, That
none of the funds available to the Immigration and Natu-
ralization Service shall be available to pay any employee
overtime pay in an amount in excess of $30,000 during
the calendar year beginning January 1, 2001:’’.
SEC. 405. REPORT ON THE INTEGRATED AUTOMATED FIN-
GERPRINT 
IDENTIFICATION 
SYSTEM 
FOR
PORTS OF ENTRY AND OVERSEAS CONSULAR
POSTS.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the appropriate heads of other Federal
agencies, including the Secretary of State, Secretary of the
Treasury, and the Secretary of Transportation, shall re-
port to Congress on the feasibility of enhancing the Inte-
grated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation and other
identification systems in order to better identify a person
who holds a foreign passport or a visa and may be wanted
in connection with a criminal investigation in the United
States or abroad, before the issuance of a visa to that per-
son or the entry or exit from the United States by that
person.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated not less than $2,000,000
to carry out this section.
Subtitle B—Enhanced Immigration
Provisions
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 de-
fined in clause (v)) of—
‘‘(aa) a foreign terrorist or-
ganization, 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
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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 fol-
lowing new subclauses:
‘‘(VI) has used the alien’s posi-
tion of prominence within any country
to endorse or espouse terrorist activ-
ity, or to persuade others to support
terrorist activity or a terrorist organi-
zation, 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 oc-
curred 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)’’;
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(D) by inserting after clause (i) the fol-
lowing:
‘‘(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 ac-
tivity causing the alien to be found in-
admissible 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 sub-
paragraph (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 redesig-
nated by subparagraph (B)) to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this chapter, the
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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 indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist 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 organiza-
tion described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate that he did not know,
and should not reasonably have
known, 
that 
the 
solicitation
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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 so-
licitor can demonstrate that he
did not know, and should not
reasonably have known, that the
solicitation would further the or-
ganization’s terrorist activity; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
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ological, or radiological weapons), ex-
plosives, 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 activ-
ity;
‘‘(cc) to a terrorist organiza-
tion described in clause (vi)(I) or
(vi)(II); or
‘‘(dd) to a terrorist organi-
zation 
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 ter-
rorist activity.
This clause shall not apply to any ma-
terial support the alien afforded to an
organization or individual that has
committed terrorist activity, if the
Secretary of State, after consultation
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with the Attorney General, or the At-
torney 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 DE-
FINED.—As used in clause (i)(VI) and
clause (iv), the term ‘terrorist organiza-
tion’ 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 Attor-
ney General, as a terrorist organiza-
tion, after finding that the organiza-
tion 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
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‘‘(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 sub-
paragraph:
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of
State, after consultation with the Attorney Gen-
eral, 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 en-
gage solely, principally, or incidentally in activi-
ties 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
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amended by striking ‘‘or (IV)’’ and inserting ‘‘(IV),
or (VI)’’.
(c) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall take effect on the date of the en-
actment 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 deci-
sion 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 Nation-
ality 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
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for proceedings in which there has been a final ad-
ministrative decision before such date) as if such
proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZA-
TIONS
AND
ORGANIZATIONS
DESIGNATED
UNDER
SECTION 212(a)(3)(B)(vi)(II).—
(A) IN GENERAL.—Notwithstanding para-
graphs (1) and (2), no alien shall be considered
inadmissible under section 212(a)(3) of the Im-
migration 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 sec-
tion 212(a)(3)(B)(iv) of such Act (as so amend-
ed) with respect to a group at any time when
the group was not a terrorist organization des-
ignated 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.—Sub-
paragraph (A) shall not be construed to prevent
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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 amend-
ed) 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 des-
ignated 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 amend-
ed) 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 deter-
mine 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
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is not reasonable ground to believe that the alien
knew or reasonably should have known that the ac-
tions would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANI-
ZATIONS.—Section 219(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1189(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘or ter-
rorism (as defined in section 140(d)(2) of the For-
eign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)(2)), or retains the ca-
pability and intent to engage in terrorist activity or
terrorism’’ after ‘‘212(a)(3)(B)’’;
(2) in paragraph (1)(C), by inserting ‘‘or ter-
rorism’’ 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 tem-
pore, Majority Leader, and Minority Lead-
er of the Senate, and the members of the
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relevant committees of the House of Rep-
resentatives 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 fac-
tual basis therefor.
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—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 ‘‘sub-
paragraph 
(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 ‘‘sub-
section (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 rel-
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evant circumstances described in paragraph (1) still
exist. Any redesignation shall be effective imme-
diately following the end of the prior 2-year designa-
tion or redesignation period unless a different effec-
tive 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 ap-
pears; and
(ii) by striking ‘‘of the designation’’;
and
(C) in clause (ii), by striking ‘‘of the des-
ignation’’;
(9) in paragraph (6)(B)—
(A) by striking ‘‘through (4)’’ and insert-
ing ‘‘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 effec-
tive date is specified.’’;
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tent to endanger the safety of any passenger or em-
ployee of the mass transportation provider, or with
a reckless disregard for the safety of human life;
‘‘(6) commits an act, including the use of a
dangerous weapon, with the intent to cause death or
serious bodily injury to an employee or passenger of
a mass transportation provider or any other person
while any of the foregoing are on the property of a
mass transportation provider;
‘‘(7) conveys or causes to be conveyed false in-
formation, knowing the information to be false, con-
cerning an attempt or alleged attempt being made or
to be made, to do any act which would be a crime
prohibited by this subsection; or
‘‘(8) attempts, threatens, or conspires to do any
of the aforesaid acts,
shall be fined under this title or imprisoned not more than
twenty years, or both, if such act is committed, or in the
case of a threat or conspiracy such act would be com-
mitted, on, against, or affecting a mass transportation
provider engaged in or affecting interstate or foreign com-
merce, or if in the course of committing such act, that
person travels or communicates across a State line in
order to commit such act, or transports materials across
a State line in aid of the commission of such act.