202
(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
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).—
203
(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
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-
204
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
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—
205
(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
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
206
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-
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.’’;
207
(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.’’;
(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)—
209
irrespective of any relief from removal for which the
alien may be eligible, or any relief from removal
granted the alien, until the Attorney General deter-
mines that the alien is no longer an alien who may
be certified under paragraph (3). If the alien is fi-
nally determined not to be removable, detention pur-
suant to this subsection shall terminate.
‘‘(3) CERTIFICATION.—The Attorney General
may certify an alien under this paragraph if the At-
torney General has reasonable grounds to believe
that the alien—
‘‘(A) 
is 
described 
in 
section
212(a)(3)(A)(i), 
212(a)(3)(A)(iii),
212(a)(3)(B), 
237(a)(4)(A)(i),
237(a)(4)(A)(iii), or 237(a)(4)(B); or
‘‘(B) is engaged in any other activity that
endangers the national security of the United
States.
‘‘(4) NONDELEGATION.—The Attorney General
may delegate the authority provided under para-
graph (3) only to the Deputy Attorney General. The
Deputy Attorney General may not delegate such au-
thority.
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The
Attorney General shall place an alien detained under
210
paragraph (1) in removal proceedings, or shall
charge the alien with a criminal offense, not later
than 7 days after the commencement of such deten-
tion. If the requirement of the preceding sentence is
not satisfied, the Attorney General shall release the
alien.
‘‘(6) LIMITATION
ON
INDEFINITE
DETEN-
TION.—An alien detained solely under paragraph (1)
who 
has 
not 
been 
removed 
under 
section
241(a)(1)(A), and whose removal is unlikely in the
reasonably foreseeable future, may be detained for
additional periods of up to six months only if the re-
lease of the alien will threaten the national security
of the United States or the safety of the community
or any person.
‘‘(7) REVIEW OF CERTIFICATION.—The Attor-
ney General shall review the certification made
under paragraph (3) every 6 months. If the Attorney
General determines, in the Attorney General’s dis-
cretion, that the certification should be revoked, the
alien may be released on such conditions as the At-
torney General deems appropriate, unless such re-
lease is otherwise prohibited by law. The alien may
request each 6 months in writing that the Attorney
General reconsider the certification and may submit
211
documents or other evidence in support of that re-
quest.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Judicial review of any ac-
tion or decision relating to this section (including ju-
dicial review of the merits of a determination made
under subsection (a)(3) or (a)(6)) is available exclu-
sively in habeas corpus proceedings consistent with
this subsection. Except as provided in the preceding
sentence, no court shall have jurisdiction to review,
by habeas corpus petition or otherwise, any such ac-
tion or decision.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, including section
2241(a) of title 28, United States Code, habeas
corpus proceedings described in paragraph (1)
may be initiated only by an application filed
with—
‘‘(i) the Supreme Court;
‘‘(ii) any justice of the Supreme
Court;
‘‘(iii) any circuit judge of the United
States Court of Appeals for the District of
Columbia Circuit; or
212
‘‘(iv) any district court otherwise hav-
ing jurisdiction to entertain it.
‘‘(B) APPLICATION
TRANSFER.—Section
2241(b) of title 28, United States Code, shall
apply to an application for a writ of habeas cor-
pus described in subparagraph (A).
‘‘(3) APPEALS.—Notwithstanding any other
provision of law, including section 2253 of title 28,
in habeas corpus proceedings described in paragraph
(1) before a circuit or district judge, the final order
shall be subject to review, on appeal, by the United
States Court of Appeals for the District of Columbia
Circuit. There shall be no right of appeal in such
proceedings to any other circuit court of appeals.
‘‘(4) RULE OF DECISION.—The law applied by
the Supreme Court and the United States Court of
Appeals for the District of Columbia Circuit shall be
regarded as the rule of decision in habeas corpus
proceedings described in paragraph (1).
‘‘(c) STATUTORY CONSTRUCTION.—The provisions of
this section shall not be applicable to any other provision
of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 236 the following:
213
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial
review.’’.
(c) REPORTS.—Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the
Senate, with respect to the reporting period, on—
(1) the number of aliens certified under section
236A(a)(3) of the Immigration and Nationality Act,
as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so
certified; and
(5) the number of aliens so certified who—
(A) were granted any form of relief from
removal;
(B) were removed;
(C) the Attorney General has determined
are no longer aliens who may be so certified; or
(D) were released from detention.
SEC. 413. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) is amended—
214
(1) by striking ‘‘except that in the discretion
of’’ and inserting the following: ‘‘except that—
‘‘(1) in the discretion of’’; and
(2) by adding at the end the following:
‘‘(2) the Secretary of State, in the Secretary’s
discretion and on the basis of reciprocity, may pro-
vide to a foreign government information in the De-
partment of State’s computerized visa lookout data-
base and, when necessary and appropriate, other
records covered by this section related to informa-
tion in the database—
‘‘(A) with regard to individual aliens, at
any time on a case-by-case basis for the pur-
pose of preventing, investigating, or punishing
acts that would constitute a crime in the United
States, including, but not limited to, terrorism
or trafficking in controlled substances, persons,
or illicit weapons; or
‘‘(B) with regard to any or all aliens in the
database, pursuant to such conditions as the
Secretary of State shall establish in an agree-
ment with the foreign government in which that
government agrees to use such information and
records for the purposes described in subpara-
215
graph (A) or to deny visas to persons who
would be inadmissible to the United States.’’.
SEC. 414. VISA INTEGRITY AND SECURITY.
(a) SENSE OF CONGRESS REGARDING THE NEED TO
EXPEDITE IMPLEMENTATION
OF INTEGRATED ENTRY
AND EXIT DATA SYSTEM.—
(1) SENSE OF CONGRESS.—In light of the ter-
rorist attacks perpetrated against the United States
on September 11, 2001, it is the sense of the Con-
gress that—
(A) the Attorney General, in consultation
with the Secretary of State, should fully imple-
ment the integrated entry and exit data system
for airports, seaports, and land border ports of
entry, as specified in section 110 of the Illegal
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1365a), with all
deliberate speed and as expeditiously as prac-
ticable; and
(B) the Attorney General, in consultation
with the Secretary of State, the Secretary of
Commerce, the Secretary of the Treasury, and
the Office of Homeland Security, should imme-
diately begin establishing the Integrated Entry
and Exit Data System Task Force, as described
216
in section 3 of the Immigration and Naturaliza-
tion Service Data Management Improvement
Act of 2000 (Public Law 106–215).
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated such sums as
may be necessary to fully implement the system de-
scribed in paragraph (1)(A).
(b) DEVELOPMENT OF THE SYSTEM.—In the devel-
opment of the integrated entry and exit data system under
section 110 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1365a), the
Attorney General and the Secretary of State shall particu-
larly focus on—
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant docu-
ments readable at ports of entry.
(c) INTERFACE WITH LAW ENFORCEMENT DATA-
BASES.—The entry and exit data system described in this
section shall be able to interface with law enforcement
databases for use by Federal law enforcement to identify
and detain individuals who pose a threat to the national
security of the United States.
(d) REPORT
ON SCREENING INFORMATION.—Not
later than 12 months after the date of enactment of this
Act, the Office of Homeland Security shall submit a report
217
to Congress on the information that is needed from any
United States agency to effectively screen visa applicants
and applicants for admission to the United States to iden-
tify those affiliated with terrorist organizations or those
that pose any threat to the safety or security of the United
States, including the type of information currently re-
ceived by United States agencies and the regularity with
which such information is transmitted to the Secretary of
State and the Attorney General.
SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECU-
RITY ON ENTRY-EXIT TASK FORCE.
Section 3 of the Immigration and Naturalization
Service Data Management Improvement Act of 2000
(Public Law 106–215) is amended by striking ‘‘and the
Secretary of the Treasury,’’ and inserting ‘‘the Secretary
of the Treasury, and the Office of Homeland Security’’.
SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.
(a) FULL IMPLEMENTATION
AND EXPANSION
OF
FOREIGN STUDENT VISA MONITORING PROGRAM RE-
QUIRED.—The Attorney General, in consultation with the
Secretary of State, shall fully implement and expand the
program established by section 641(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(a)).
218
(b) INTEGRATION WITH PORT OF ENTRY INFORMA-
TION.—For each alien with respect to whom information
is collected under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), the Attorney General, in consultation with
the Secretary of State, shall include information on the
date of entry and port of entry.
(c) EXPANSION OF SYSTEM TO INCLUDE OTHER AP-
PROVED EDUCATIONAL INSTITUTIONS.—Section 641 of
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C.1372) is amended—
(1) in subsection (a)(1), subsection (c)(4)(A),
and subsection (d)(1) (in the text above subpara-
graph (A)), by inserting ‘‘, other approved edu-
cational institutions,’’ after ‘‘higher education’’ each
place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and
(d)(1)(A), by inserting ‘‘, or other approved edu-
cational institution,’’ after ‘‘higher education’’ each
place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by
inserting ‘‘, other approved educational institution,’’
after ‘‘higher education’’ each place it appears; and
(4) in subsection (h), by adding at the end the
following new paragraph:
219
‘‘(3) OTHER APPROVED EDUCATIONAL INSTITU-
TION.—The term ‘other approved educational insti-
tution’ includes any air flight school, language train-
ing school, or vocational school, approved by the At-
torney General, in consultation with the Secretary of
Education and the Secretary of State, under sub-
paragraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of Jus-
tice $36,800,000 for the period beginning on the date of
enactment of this Act and ending on January 1, 2003,
to fully implement and expand prior to January 1, 2003,
the program established by section 641(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372(a)).
SEC. 417. MACHINE READABLE PASSPORTS.
(a) AUDITS.—The Secretary of State shall, each fis-
cal year until September 30, 2007—
(1) perform annual audits of the implementa-
tion of section 217(c)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of pre-
cautionary measures to prevent the counterfeiting
and theft of passports; and
220
(3) ascertain that countries designated under
the visa waiver program have established a program
to develop tamper-resistant passports.
(b) PERIODIC REPORTS.—Beginning one year after
the date of enactment of this Act, and every year there-
after until 2007, the Secretary of State shall submit a re-
port to Congress setting forth the findings of the most
recent audit conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF
REQUIREMENT.—Section 217(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1187(a)(3)) is amended by
striking ‘‘2007’’ and inserting ‘‘2003’’.
(d) WAIVER.—Section 217(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1187(a)(3)) is amended—
(1) by striking ‘‘On or after’’ and inserting the
following:
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), on or after’’; and
(2) by adding at the end the following:
‘‘(B) LIMITED WAIVER AUTHORITY.—For
the period beginning October 1, 2003, and end-
ing September 30, 2007, the Secretary of State
may waive the requirement of subparagraph (A)
with respect to nationals of a program country
(as designated under subsection (c)), if the Sec-
221
retary of State finds that the program
country—
‘‘(i) is making progress toward ensur-
ing that passports meeting the requirement
of subparagraph (A) are generally available
to its nationals; and
‘‘(ii) has taken appropriate measures
to protect against misuse of passports the
country has issued that do not meet the re-
quirement of subparagraph (A).’’.
SEC. 418. PREVENTION OF CONSULATE SHOPPING.
(a) REVIEW.—The Secretary of State shall review
how consular officers issue visas to determine if consular
shopping is a problem.
(b) ACTIONS TO BE TAKEN.—If the Secretary of
State determines under subsection (a) that consular shop-
ping is a problem, the Secretary shall take steps to address
the problem and shall submit a report to Congress describ-
ing what action was taken.
Subtitle C—Preservation of Immi-
gration Benefits for Victims of
Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney
222
General may provide an alien described in subsection (b)
with the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the
alien—
(1) files with the Attorney General a petition
under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility speci-
fied in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED.—
(1) PRINCIPAL ALIENS.—An alien is described
in this subsection if—
(A) the alien was the beneficiary of—
(i) a petition that was filed with the
Attorney General on or before September
11, 2001—
(I) under section 204 of the Im-
migration and Nationality Act (8
U.S.C. 1154) to classify the alien as
a family-sponsored immigrant under
223
section 203(a) of such Act (8 U.S.C.
1153(a)) or as an employment-based
immigrant under section 203(b) of
such Act (8 U.S.C. 1153(b)); or
(II) under section 214(d) (8
U.S.C. 1184(d)) of such Act to au-
thorize 
the 
issuance 
of 
a 
non-
immigrant visa to the alien under sec-
tion 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)); or
(ii) an application for labor certifi-
cation under section 212(a)(5)(A) of such
Act (8 U.S.C. 1182(a)(5)(A)) that was
filed under regulations of the Secretary of
Labor on or before such date; and
(B) such petition or application was re-
voked or terminated (or otherwise rendered
null), either before or after its approval, due to
a specified terrorist activity that directly re-
sulted in—
(i) the death or disability of the peti-
tioner, applicant, or alien beneficiary; or
(ii) loss of employment due to physical
damage to, or destruction of, the business
of the petitioner or applicant.
224
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in
this subsection if—
(i) the alien was, on September 10,
2001, the spouse or child of a principal
alien described in paragraph (1); and
(ii) the alien—
(I) is accompanying such prin-
cipal alien; or
(II) is following to join such prin-
cipal alien not later than September
11, 2003.
(B) CONSTRUCTION.—For purposes of
construing the terms ‘‘accompanying’’ and ‘‘fol-
lowing to join’’ in subparagraph (A)(ii), any
death of a principal alien that is described in
paragraph (1)(B)(i) shall be disregarded.
(3) GRANDPARENTS OF ORPHANS.—An alien is
described in this subsection if the alien is a grand-
parent of a child, both of whose parents died as a
direct result of a specified terrorist activity, if either
of such deceased parents was, on September 10,
2001, a citizen or national of the United States or
an alien lawfully admitted for permanent residence
in the United States.
225
(c) PRIORITY DATE.—Immigrant visas made avail-
able under this section shall be issued to aliens in the
order in which a petition on behalf of each such alien is
filed with the Attorney General under subsection (a)(1),
except that if an alien was assigned a priority date with
respect to a petition described in subsection (b)(1)(A)(i),
the alien may maintain that priority date.
(d) NUMERICAL LIMITATIONS.—For purposes of the
application of sections 201 through 203 of the Immigra-
tion and Nationality Act (8 U.S.C. 1151–1153) in any fis-
cal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described
in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27))
who are not described in subparagraph (A), (B), (C), or
(K) of such section.
SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA-
TUS.—
(1) IN GENERAL.—Notwithstanding section 214
of the Immigration and Nationality Act (8 U.S.C.
1184), in the case of an alien described in paragraph
(2) who was lawfully present in the United States as
a nonimmigrant on September 10, 2001, the alien
may remain lawfully in the United States in the
same nonimmigrant status until the later of—
226
(A) the date such lawful nonimmigrant
status otherwise would have terminated if this
subsection had not been enacted; or
(B) 1 year after the death or onset of dis-
ability described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this paragraph if the alien was dis-
abled as a direct result of a specified terrorist
activity.
(B) SPOUSES AND CHILDREN.—An alien is
described in this paragraph if the alien was, on
September 10, 2001, the spouse or child of—
(i) a principal alien described in sub-
paragraph (A); or
(ii) an alien who died as a direct re-
sult of a specified terrorist activity.
(3) AUTHORIZED
EMPLOYMENT.—During the
period in which a principal alien or alien spouse is
in lawful nonimmigrant status under paragraph (1),
the alien shall be provided an ‘‘employment author-
ized’’ endorsement or other appropriate document
signifying authorization of employment not later
than 30 days after the alien requests such authoriza-
tion.
227
(b) NEW DEADLINES FOR EXTENSION OR CHANGE
OF NONIMMIGRANT STATUS.—
(1) FILING DELAYS.—In the case of an alien
who was lawfully present in the United States as a
nonimmigrant on September 10, 2001, if the alien
was prevented from filing a timely application for an
extension or change of nonimmigrant status as a di-
rect result of a specified terrorist activity, the alien’s
application shall be considered timely filed if it is
filed not later than 60 days after it otherwise would
have been due.
(2) DEPARTURE DELAYS.—In the case of an
alien who was lawfully present in the United States
as a nonimmigrant on September 10, 2001, if the
alien is unable timely to depart the United States as
a direct result of a specified terrorist activity, the
alien shall not be considered to have been unlawfully
present in the United States during the period be-
ginning on September 11, 2001, and ending on the
date of the alien’s departure, if such departure oc-
curs on or before November 11, 2001.
(3) SPECIAL RULE FOR ALIENS UNABLE TO RE-
TURN FROM ABROAD.—
(A) PRINCIPAL ALIENS.—In the case of an
alien who was in a lawful nonimmigrant status
228
on September 10, 2001, but who was not
present in the United States on such date, if
the alien was prevented from returning to the
United States in order to file a timely applica-
tion for an extension of nonimmigrant status as
a direct result of a specified terrorist activity—
(i) the alien’s application shall be con-
sidered timely filed if it is filed not later
than 60 days after it otherwise would have
been due; and
(ii) the alien’s lawful nonimmigrant
status shall be considered to continue until
the later of—
(I) the date such status otherwise
would have terminated if this sub-
paragraph had not been enacted; or
(II) the date that is 60 days
after the date on which the applica-
tion described in clause (i) otherwise
would have been due.
(B) SPOUSES AND CHILDREN.—In the case
of an alien who is the spouse or child of a prin-
cipal alien described in subparagraph (A), if the
spouse or child was in a lawful nonimmigrant
status on September 10, 2001, the spouse or
229
child may remain lawfully in the United States
in the same nonimmigrant status until the later
of—
(i) the date such lawful nonimmigrant
status otherwise would have terminated if
this subparagraph had not been enacted;
or
(ii) the date that is 60 days after the
date on which the application described in
subparagraph (A) otherwise would have
been due.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—
(A) FILING
DELAYS.—For purposes of
paragraph (1), circumstances preventing an
alien from timely acting are—
(i) office closures;
(ii) mail or courier service cessations
or delays; and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
(B) DEPARTURE AND RETURN DELAYS.—
For purposes of paragraphs (2) and (3), cir-
230
cumstances preventing an alien from timely act-
ing are—
(i) office closures;
(ii) airline flight cessations or delays;
and
(iii) other closures, cessations, or
delays affecting case processing or travel
necessary to satisfy legal requirements.
(c) DIVERSITY IMMIGRANTS.—
(1) WAIVER
OF
FISCAL
YEAR
LIMITATION.—
Notwithstanding section 203(e)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(e)(2)), an
immigrant visa number issued to an alien under sec-
tion 203(c) of such Act for fiscal year 2001 may be
used by the alien during the period beginning on Oc-
tober 1, 2001, and ending on April 1, 2002, if the
alien establishes that the alien was prevented from
using it during fiscal year 2001 as a direct result of
a specified terrorist activity.
(2) WORLDWIDE
LEVEL.—In the case of an
alien entering the United States as a lawful perma-
nent resident, or adjusting to that status, under
paragraph (1) or (3), the alien shall be counted as
a diversity immigrant for fiscal year 2001 for pur-
poses of section 201(e) of the Immigration and Na-
231
tionality Act (8 U.S.C. 1151(e)), unless the world-
wide level under such section for such year has been
exceeded, in which case the alien shall be counted as
a diversity immigrant for fiscal year 2002.
(3) TREATMENT OF FAMILY MEMBERS OF CER-
TAIN
ALIENS.—In the case of a principal alien
issued an immigrant visa number under section
203(c) of the Immigration and Nationality Act (8
U.S.C. 1153(c)) for fiscal year 2001, if such prin-
cipal alien died as a direct result of a specified ter-
rorist activity, the aliens who were, on September
10, 2001, the spouse and children of such principal
alien shall, until June 30, 2002, if not otherwise en-
titled to an immigrant status and the immediate
issuance of a visa under subsection (a), (b), or (c)
of section 203 of such Act, be entitled to the same
status, and the same order of consideration, that
would have been provided to such alien spouse or
child under section 203(d) of such Act as if the prin-
cipal alien were not deceased and as if the spouse
or child’s visa application had been adjudicated by
September 30, 2001.
(4) CIRCUMSTANCES PREVENTING TIMELY AC-
TION.—For 
purposes 
of 
paragraph 
(1), 
cir-
232
cumstances preventing an alien from using an immi-
grant visa number during fiscal year 2001 are—
(A) office closures;
(B) mail or courier service cessations or
delays;
(C) airline flight cessations or delays; and
(D) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(d) EXTENSION
OF EXPIRATION
OF IMMIGRANT
VISAS.—
(1) IN GENERAL.—Notwithstanding the limita-
tions under section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), in the case of
any immigrant visa issued to an alien that expires
or expired before December 31, 2001, if the alien
was unable to effect entry into the United States as
a direct result of a specified terrorist activity, then
the period of validity of the visa is extended until
December 31, 2001, unless a longer period of valid-
ity is otherwise provided under this subtitle.
(2) CIRCUMSTANCES PREVENTING ENTRY.—For
purposes of this subsection, circumstances pre-
venting an alien from effecting entry into the United
States are—
233
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
(e) GRANTS OF PAROLE EXTENDED.—
(1) IN GENERAL.—In the case of any parole
granted by the Attorney General under section
212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) that expires on a date on or
after September 11, 2001, if the alien beneficiary of
the parole was unable to return to the United States
prior to the expiration date as a direct result of a
specified terrorist activity, the parole is deemed ex-
tended for an additional 90 days.
(2) CIRCUMSTANCES
PREVENTING
RETURN.—
For purposes of this subsection, circumstances pre-
venting an alien from timely returning to the United
States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays af-
fecting case processing or travel necessary to
satisfy legal requirements.
234
(f) VOLUNTARY DEPARTURE.—Notwithstanding sec-
tion 240B of the Immigration and Nationality Act (8
U.S.C. 1229c), if a period for voluntary departure under
such section expired during the period beginning on Sep-
tember 11, 2001, and ending on October 11, 2001, such
voluntary departure period is deemed extended for an ad-
ditional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second
sentence of section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the
time of the citizen’s death and was not legally sepa-
rated from the citizen at the time of the citizen’s
death, if the citizen died as a direct result of a speci-
fied terrorist activity, the alien (and each child of
the alien) shall be considered, for purposes of section
201(b) of such Act, to remain an immediate relative
after the date of the citizen’s death, but only if the
alien files a petition under section 204(a)(1)(A)(ii)
of such Act within 2 years after such date and only
until the date the alien remarries. For purposes of
235
such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered an
alien spouse described in the second sentence of sec-
tion 201(b)(2)(A)(i) of such Act.
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien
who was the child of a citizen of the United
States at the time of the citizen’s death, if the
citizen died as a direct result of a specified ter-
rorist activity, the alien shall be considered, for
purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to re-
main an immediate relative after the date of the
citizen’s death (regardless of changes in age or
marital status thereafter), but only if the alien
files a petition under subparagraph (B) within
2 years after such date.
(B) PETITIONS.—An alien described in
subparagraph (A) may file a petition with the
Attorney General for classification of the alien
under section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition
236
filed under section 204(a)(1)(A) of such Act (8
U.S.C. 1154(a)(1)(A)).
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT
ALIENS.—
(1) IN GENERAL.—Any spouse, child, or unmar-
ried son or daughter of an alien described in para-
graph (3) who is included in a petition for classifica-
tion as a family-sponsored immigrant under section
203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) that was filed by such alien be-
fore September 11, 2001, shall be considered (if the
spouse, child, son, or daughter has not been admit-
ted or approved for lawful permanent residence by
such date) a valid petitioner for preference status
under such section with the same priority date as
that assigned prior to the death described in para-
graph (3)(A). No new petition shall be required to
be filed. Such spouse, child, son, or daughter may be
eligible for deferred action and work authorization.
(2) SELF-PETITIONS.—Any spouse, child, or
unmarried son or daughter of an alien described in
paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant
under section 203(a)(2) of the Immigration and Na-
317
SEC. 1003. DEFINITION OF ‘‘ELECTRONIC SURVEILLANCE’’.
Section 101(f)(2) of the Foreign Intelligence Surveil-
lance Act (50 U.S.C. 1801(f)(2)) is amended by adding
at the end before the semicolon the following: ‘‘, but does
not include the acquisition of those communications of
computer trespassers that would be permissible under sec-
tion 2511(2)(i) of title 18, United States Code’’.
SEC. 1004. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(i) VENUE.—(1) Except as provided in paragraph
(2), a prosecution for an offense under this section or sec-
tion 1957 may be brought in—
‘‘(A) any district in which the financial or mon-
etary transaction is conducted; or
‘‘(B) any district where a prosecution for the
underlying specified unlawful activity could be
brought, if the defendant participated in the transfer
of the proceeds of the specified unlawful activity
from that district to the district where the financial
or monetary transaction is conducted.
‘‘(2) A prosecution for an attempt or conspiracy of-
fense under this section or section 1957 may be brought
in the district where venue would lie for the completed of-
fense under paragraph (1), or in any other district where