H. R. 3162—67
by the individual or in any luggage, backpack, or other con-
tainer worn or carried by such individual.
‘‘(b) PENALTY.—
‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a cur-
rency smuggling offense under subsection (a), or a conspiracy
to commit such offense, shall be imprisoned for not more than
5 years.
‘‘(2) FORFEITURE.—In addition, the court, in imposing sen-
tence under paragraph (1), shall order that the defendant forfeit
to the United States, any property, real or personal, involved
in the offense, and any property traceable to such property,
subject to subsection (d) of this section.
‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413
of the Controlled Substances Act.
‘‘(4) PERSONAL MONEY JUDGMENT.—If the property subject
to forfeiture under paragraph (2) is unavailable, and the defend-
ant has insufficient substitute property that may be forfeited
pursuant to section 413(p) of the Controlled Substances Act,
the court shall enter a personal money judgment against the
defendant for the amount that would be subject to forfeiture.
‘‘(c) CIVIL FORFEITURE.—
‘‘(1) IN
GENERAL.—Any property involved in a violation
of subsection (a), or a conspiracy to commit such violation,
and any property traceable to such violation or conspiracy,
may be seized and, subject to subsection (d) of this section,
forfeited to the United States.
‘‘(2) PROCEDURE.—The seizure and forfeiture shall be gov-
erned by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
‘‘(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE
OFFENSE.—For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed
or intended to be concealed in violation of subsection (a) or
a conspiracy to commit such violation, any article, container,
or conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.’’.
(c) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 53 of title 31, United States Code, is amended by
inserting after the item relating to section 5331, as added by this
Act, the following new item:
‘‘5332. Bulk cash smuggling into or out of the United States.’’.
SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.
(a) IN GENERAL.—Subsection (c) of section 5317 of title 31,
United States Code, is amended to read as follows:
‘‘(c) FORFEITURE.—
‘‘(1) CRIMINAL FORFEITURE.—
‘‘(A) IN GENERAL.—The court in imposing sentence for
any violation of section 5313, 5316, or 5324 of this title,
or any conspiracy to commit such violation, shall order
the defendant to forfeit all property, real or personal,
involved in the offense and any property traceable thereto.
H. R. 3162—68
‘‘(B) PROCEDURE.—Forfeitures under this paragraph
shall be governed by the procedures established in section
413 of the Controlled Substances Act.
‘‘(2) CIVIL FORFEITURE.—Any property involved in a viola-
tion of section 5313, 5316, or 5324 of this title, or any conspiracy
to commit any such violation, and any property traceable to
any such violation or conspiracy, may be seized and forfeited
to the United States in accordance with the procedures gov-
erning civil forfeitures in money laundering cases pursuant
to section 981(a)(1)(A) of title 18, United States Code.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 981(a)(1)(A) of title 18, United States Code,
is amended—
(A) by striking ‘‘of section 5313(a) or 5324(a) of title
31, or’’; and
(B) by striking ‘‘However’’ and all that follows through
the end of the subparagraph.
(2) Section 982(a)(1) of title 18, United States Code, is
amended—
(A) by striking ‘‘of section 5313(a), 5316, or 5324 of
title 31, or’’; and
(B) by striking ‘‘However’’ and all that follows through
the end of the paragraph.
SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.—
Section 1960 of title 18, United States Code, is amended to read
as follows:
‘‘§ 1960. Prohibition of unlicensed money transmitting
businesses
‘‘(a) Whoever knowingly conducts, controls, manages, super-
vises, directs, or owns all or part of an unlicensed money transmit-
ting business, shall be fined in accordance with this title or impris-
oned not more than 5 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘unlicensed money transmitting business’
means a money transmitting business which affects interstate
or foreign commerce in any manner or degree and—
‘‘(A) is operated without an appropriate money
transmitting license in a State where such operation is
punishable as a misdemeanor or a felony under State law,
whether or not the defendant knew that the operation
was required to be licensed or that the operation was
so punishable;
‘‘(B) fails to comply with the money transmitting busi-
ness registration requirements under section 5330 of title
31, United States Code, or regulations prescribed under
such section; or
‘‘(C) otherwise involves the transportation or trans-
mission of funds that are known to the defendant to have
been derived from a criminal offense or are intended to
be used to be used to promote or support unlawful activity;
‘‘(2) the term ‘money transmitting’ includes transferring
funds on behalf of the public by any and all means including
but not limited to transfers within this country or to locations
abroad by wire, check, draft, facsimile, or courier; and
H. R. 3162—69
‘‘(3) the term ‘State’ means any State of the United States,
the District of Columbia, the Northern Mariana Islands, and
any commonwealth, territory, or possession of the United
States.’’.
(b) SEIZURE
OF
ILLEGALLY
TRANSMITTED
FUNDS.—Section
981(a)(1)(A) of title 18, United States Code, is amended by striking
‘‘or 1957’’ and inserting ‘‘, 1957 or 1960’’.
(c) CLERICAL AMENDMENT.—The table of sections for chapter
95 of title 18, United States Code, is amended in the item relating
to section 1960 by striking ‘‘illegal’’ and inserting ‘‘unlicensed’’.
SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.
(a) COUNTERFEIT
ACTS
COMMITTED
OUTSIDE
THE
UNITED
STATES.—Section 470 of title 18, United States Code, is amended—
(1) in paragraph (2), by inserting ‘‘analog, digital, or elec-
tronic image,’’ after ‘‘plate, stone,’’; and
(2) by striking ‘‘shall be fined under this title, imprisoned
not more than 20 years, or both’’ and inserting ‘‘shall be pun-
ished as is provided for the like offense within the United
States’’.
(b) OBLIGATIONS OR SECURITIES OF THE UNITED STATES.—Sec-
tion 471 of title 18, United States Code, is amended by striking
‘‘fifteen years’’ and inserting ‘‘20 years’’.
(c) UTTERING COUNTERFEIT OBLIGATIONS OR SECURITIES.—Sec-
tion 472 of title 18, United States Code, is amended by striking
‘‘fifteen years’’ and inserting ‘‘20 years’’.
(d) DEALING IN COUNTERFEIT OBLIGATIONS OR SECURITIES.—
Section 473 of title 18, United States Code, is amended by striking
‘‘ten years’’ and inserting ‘‘20 years’’.
(e) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC
IMAGES FOR COUNTERFEITING OBLIGATIONS OR SECURITIES.—
(1) IN GENERAL.—Section 474(a) of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
‘‘Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or
has in such person’s control, custody, or possession, an analog,
digital, or electronic image of any obligation or other security of
the United States; or’’.
(2) AMENDMENT TO DEFINITION.—Section 474(b) of title 18,
United States Code, is amended by striking the first sentence
and inserting the following new sentence: ‘‘For purposes of
this section, the term ‘analog, digital, or electronic image’
includes any analog, digital, or electronic method used for the
making, execution, acquisition, scanning, capturing, recording,
retrieval, transmission, or reproduction of any obligation or
security, unless such use is authorized by the Secretary of
the Treasury.’’.
(3) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—The
heading for section 474 of title 18, United States Code, is
amended by striking ‘‘or stones’’ and inserting ‘‘, stones, or
analog, digital, or electronic images’’.
(4) CLERICAL
AMENDMENT.—The table of sections for
chapter 25 of title 18, United States Code, is amended in
the item relating to section 474 by striking ‘‘or stones’’ and
inserting ‘‘, stones, or analog, digital, or electronic images’’.
H. R. 3162—70
(f) TAKING IMPRESSIONS OF TOOLS USED FOR OBLIGATIONS OR
SECURITIES.—Section 476 of title 18, United States Code, is
amended—
(1) by inserting ‘‘analog, digital, or electronic image,’’ after
‘‘impression, stamp,’’; and
(2) by striking ‘‘ten years’’ and inserting ‘‘25 years’’.
(g) POSSESSING OR SELLING IMPRESSIONS OF TOOLS USED FOR
OBLIGATIONS OR SECURITIES.—Section 477 of title 18, United States
Code, is amended—
(1) in the first paragraph, by inserting ‘‘analog, digital,
or electronic image,’’ after ‘‘imprint, stamp,’’;
(2) in the second paragraph, by inserting ‘‘analog, digital,
or electronic image,’’ after ‘‘imprint, stamp,’’; and
(3) in the third paragraph, by striking ‘‘ten years’’ and
inserting ‘‘25 years’’.
(h) CONNECTING PARTS OF DIFFERENT NOTES.—Section 484 of
title 18, United States Code, is amended by striking ‘‘five years’’
and inserting ‘‘10 years’’.
(i) BONDS AND OBLIGATIONS OF CERTAIN LENDING AGENCIES.—
The first and second paragraphs of section 493 of title 18, United
States Code, are each amended by striking ‘‘five years’’ and inserting
‘‘10 years’’.
SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.
(a) FOREIGN OBLIGATIONS OR SECURITIES.—Section 478 of title
18, United States Code, is amended by striking ‘‘five years’’ and
inserting ‘‘20 years’’.
(b) UTTERING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURI-
TIES.—Section 479 of title 18, United States Code, is amended
by striking ‘‘three years’’ and inserting ‘‘20 years’’.
(c) POSSESSING COUNTERFEIT FOREIGN OBLIGATIONS OR SECURI-
TIES.—Section 480 of title 18, United States Code, is amended
by striking ‘‘one year’’ and inserting ‘‘20 years’’.
(d) PLATES, STONES, OR ANALOG, DIGITAL, OR ELECTRONIC
IMAGES FOR COUNTERFEITING FOREIGN OBLIGATIONS OR SECURI-
TIES.—
(1) IN GENERAL.—Section 481 of title 18, United States
Code, is amended by inserting after the second paragraph the
following new paragraph:
‘‘Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or
has in such person’s control, custody, or possession, an analog,
digital, or electronic image of any bond, certificate, obligation, or
other security of any foreign government, or of any treasury note,
bill, or promise to pay, lawfully issued by such foreign government
and intended to circulate as money; or’’.
(2) INCREASED SENTENCE.—The last paragraph of section
481 of title 18, United States Code, is amended by striking
‘‘five years’’ and inserting ‘‘25 years’’.
(3) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—The
heading for section 481 of title 18, United States Code, is
amended by striking ‘‘or stones’’ and inserting ‘‘, stones, or
analog, digital, or electronic images’’.
(4) CLERICAL
AMENDMENT.—The table of sections for
chapter 25 of title 18, United States Code, is amended in
the item relating to section 481 by striking ‘‘or stones’’ and
inserting ‘‘, stones, or analog, digital, or electronic images’’.
H. R. 3162—71
(e) FOREIGN BANK NOTES.—Section 482 of title 18, United
States Code, is amended by striking ‘‘two years’’ and inserting
‘‘20 years’’.
(f) UTTERING COUNTERFEIT FOREIGN BANK NOTES.—Section 483
of title 18, United States Code, is amended by striking ‘‘one year’’
and inserting ‘‘20 years’’.
SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ‘‘or 2339B’’ after ‘‘2339A’’.
SEC. 377. EXTRATERRITORIAL JURISDICTION.
Section 1029 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the jurisdiction
of the United States, would constitute an offense under subsection
(a) or (b) of this section, shall be subject to the fines, penalties,
imprisonment, and forfeiture provided in this title if—
‘‘(1) the offense involves an access device issued, owned,
managed, or controlled by a financial institution, account issuer,
credit card system member, or other entity within the jurisdic-
tion of the United States; and
‘‘(2) the person transports, delivers, conveys, transfers to
or through, or otherwise stores, secrets, or holds within the
jurisdiction of the United States, any article used to assist
in the commission of the offense or the proceeds of such offense
or property derived therefrom.’’.
TITLE IV—PROTECTING THE BORDER
Subtitle A—Protecting the Northern
Border
SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN
BORDER.
The Attorney General is authorized to waive any FTE cap
on personnel assigned to the Immigration and Naturalization
Service on the Northern border.
SEC. 402. NORTHERN BORDER PERSONNEL.
There are authorized to be appropriated—
(1) such sums as may be necessary to triple the number
of Border Patrol personnel (from the number authorized under
current law), and the necessary personnel and facilities to
support such personnel, in each State along the Northern
Border;
(2) such sums as may be necessary to triple the number
of Customs Service personnel (from the number authorized
under current law), and the necessary personnel and facilities
to support such personnel, at ports of entry in each State
along the Northern Border;
(3) such sums as may be necessary to triple the number
of INS inspectors (from the number authorized on the date
of the enactment of this Act), and the necessary personnel
H. R. 3162—72
and facilities to support such personnel, at ports of entry in
each State along the Northern Border; and
(4) an additional $50,000,000 each to the Immigration and
Naturalization Service and the United States Customs Service
for purposes of making improvements in technology for moni-
toring the Northern Border and acquiring additional equipment
at the Northern Border.
SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO
CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL
HISTORY 
RECORDS 
OF 
VISA 
APPLICANTS 
AND
APPLICANTS FOR ADMISSION TO THE UNITED STATES.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.—
Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105)
is amended—
(1) in the section heading, by inserting ‘‘; DATA EXCHANGE’’
after ‘‘SECURITY OFFICERS’’;
(2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’;
(3) in subsection (a), by inserting ‘‘and border’’ after
‘‘internal’’ the second place it appears; and
(4) by adding at the end the following:
‘‘(b)(1) The Attorney General and the Director of the Federal
Bureau of Investigation shall provide the Department of State
and the Service access to the criminal history record information
contained in the National Crime Information Center’s Interstate
Identification Index (NCIC-III), Wanted Persons File, and to any
other files maintained by the National Crime Information Center
that may be mutually agreed upon by the Attorney General and
the agency receiving the access, for the purpose of determining
whether or not a visa applicant or applicant for admission has
a criminal history record indexed in any such file.
‘‘(2) Such access shall be provided by means of extracts of
the records for placement in the automated visa lookout or other
appropriate database, and shall be provided without any fee or
charge.
‘‘(3) The Federal Bureau of Investigation shall provide 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 Department of
State to obtain the full content of the corresponding automated
criminal history record. To obtain the full content of a criminal
history record, the Department of State shall submit the applicant’s
fingerprints and any appropriate fingerprint processing fee author-
ized by law to the Criminal Justice Information Services Division
of the Federal Bureau of Investigation.
‘‘(c) The provision of the extracts described in subsection (b)
may be reconsidered by the Attorney General and the receiving
agency upon the development and deployment of a more cost-effec-
tive and efficient means of sharing the information.
‘‘(d) For purposes of administering this section, the Department
of State shall, prior to receiving access to 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
H. R. 3162—73
‘‘(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 destruc-
tion of such information; and
‘‘(D) to protect any privacy rights of individuals 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 IDENTITY.—
(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 intel-
ligence agencies the Attorney General or Secretary of State
deems appropriate and in consultation with Congress, shall
within 2 years after the date of the enactment of this section,
develop and certify a technology standard that can be used
to verify the identity of persons applying for a United States
visa or such persons seeking to enter the United States pursu-
ant to a visa for the purposes of conducting background checks,
confirming identity, and ensuring that a person has not received
a visa under a different name or such person seeking to enter
the United States pursuant to a visa.
(2) INTEGRATED.—The technology standard developed
pursuant to paragraph (1), shall be the technological 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 visa
or such person seeking to enter the United States pursuant
to a visa.
(3) ACCESSIBLE.—The electronic system described in para-
graph (2), once implemented, shall be readily and easily acces-
sible 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 officers as
determined by regulation to be responsible 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 Secretary 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 subsection.
(5) FUNDING.—There is authorized to be appropriated to
the Secretary of State, the Attorney General, and the Director
H. R. 3162—74
of the National Institute of Standards and Technology such
sums as may be necessary to carry out the provisions of this
subsection.
(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 Investiga-
tion to provide access to the criminal history record information
contained in the National Crime Information Center’s (NCIC) Inter-
state Identification Index (NCIC-III), or to any other information
maintained by the NCIC, to any Federal agency or officer authorized
to enforce or administer the immigration laws of the United States,
for the purpose of such enforcement or administration, upon terms
that are consistent 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 Naturaliza-
tion Service: Salaries and Expenses, Enforcement And Border
Affairs’’ and ‘‘Immigration And Naturalization Service: Salaries and
Expenses, Citizenship And Benefits, Immigration And Program
Direction’’ in the Department 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 Naturalization 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 FINGERPRINT
IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND
OVERSEAS CONSULAR POSTS.
(a) IN GENERAL.—The Attorney General, in consultation with
the appropriate heads of other Federal agencies, including the Sec-
retary of State, Secretary of the Treasury, and the Secretary of
Transportation, shall report to Congress on the feasibility of
enhancing the Integrated 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 person or the entry or exit from
the United States by that person.
(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)—
H. R. 3162—75
(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 ter-
rorist activity the Secretary of State has deter-
mined 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 sub-
clauses:
‘‘(VI) has used the alien’s position of promi-
nence 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;
H. R. 3162—76
‘‘(III) to gather information on potential tar-
gets 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 dem-
onstrate that he did not know, and should
not reasonably have known, that the solicita-
tion 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 sup-
port, 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 com-
mitted 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 dem-
onstrate 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 Sec-
retary 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—
H. R. 3162—77
‘‘(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 activi-
ties 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 individ-
uals, 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 Nation-
ality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking
‘‘or (IV)’’ and inserting ‘‘(IV), or (VI)’’.
(c) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, 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.
H. R. 3162—78
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 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.—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 amend-
ments 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 reason-
able 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.—Sec-
tion 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 Authoriza-
tion 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 Rep-
resentatives, 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
H. R. 3162—79
intent to designate an organization under this sub-
section, together with the findings made under para-
graph (1) with respect to that organization, and the
factual basis therefor.
‘‘(ii) PUBLICATION IN FEDERAL REGISTER.—The Sec-
retary 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 redesigna-
tion.’’;
(8) in paragraph (6)(A)—
(A) by inserting ‘‘or a redesignation made under para-
graph (4)(B)’’ after ‘‘paragraph (1)’’;
(B) in clause (i)—
(i) by inserting ‘‘or redesignation’’ after ‘‘designa-
tion’’ 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 ‘‘para-
graph (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’’.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW.
(a) IN GENERAL.—The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section 236
the following:
H. R. 3162—80
‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS
CORPUS; JUDICIAL REVIEW
‘‘SEC. 236A. (a) DETENTION OF TERRORIST ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall take into cus-
tody any alien who is certified under paragraph (3).
‘‘(2) RELEASE.—Except as provided in paragraphs (5) and
(6), the Attorney General shall maintain custody of such an
alien until the alien is removed from the United States. Except
as provided in paragraph (6), such custody shall be maintained
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 determines that the alien is no
longer an alien who may be certified under paragraph (3).
If the alien is finally determined not to be removable, detention
pursuant to this subsection shall terminate.
‘‘(3) CERTIFICATION.—The Attorney General may certify an
alien under this paragraph if the Attorney General has reason-
able 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 paragraph (3) only to the Deputy
Attorney General. The Deputy Attorney General may not dele-
gate such authority.
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The Attorney Gen-
eral shall place an alien detained under paragraph (1) in
removal proceedings, or shall charge the alien with a criminal
offense, not later than 7 days after the commencement of such
detention. If the requirement of the preceding sentence is not
satisfied, the Attorney General shall release the alien.
‘‘(6) LIMITATION
ON
INDEFINITE
DETENTION.—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 addi-
tional periods of up to six months only if the release 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 Attorney General
shall review the certification made under paragraph (3) every
6 months. If the Attorney General determines, in the Attorney
General’s discretion, that the certification should be revoked,
the alien may be released on such conditions as the Attorney
General deems appropriate, unless such release is otherwise
prohibited by law. The alien may request each 6 months in
writing that the Attorney General reconsider the certification
and may submit documents or other evidence in support of
that request.
‘‘(b) HABEAS CORPUS AND JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Judicial review of any action or decision
relating to this section (including judicial review of the merits
of a determination made under subsection (a)(3) or (a)(6)) is
available exclusively in habeas corpus proceedings consistent
H. R. 3162—81
with this subsection. Except as provided in the preceding sen-
tence, no court shall have jurisdiction to review, by habeas
corpus petition or otherwise, any such action or decision.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, including section 2241(a) of title 28, United
States Code, habeas corpus proceedings described in para-
graph (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
‘‘(iv) any district court otherwise having jurisdic-
tion 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 corpus 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 inserting after
the item relating to section 236 the following:
‘‘Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial re-
view.’’.
(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 Representatives 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.
H. R. 3162—82
SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) is amended—
(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 provide to a foreign govern-
ment information in the Department of State’s computerized
visa lookout database and, when necessary and appropriate,
other records covered by this section related to information
in the database—
‘‘(A) with regard to individual aliens, at any time on
a case-by-case basis for the purpose of preventing, inves-
tigating, or punishing acts that would constitute a crime
in the United States, including, but not limited to, ter-
rorism 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 agreement with the foreign government
in which that government agrees to use such information
and records for the purposes described in subparagraph
(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 terrorist attacks
perpetrated against the United States on September 11, 2001,
it is the sense of the Congress that—
(A) the Attorney General, in consultation with the
Secretary of State, should fully implement 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 Responsibility
Act of 1996 (8 U.S.C. 1365a), with all deliberate speed
and as expeditiously as practicable; and
(B) the Attorney General, in consultation with the
Secretary of State, the Secretary of Commerce, the Sec-
retary of the Treasury, and the Office of Homeland Secu-
rity, should immediately begin establishing the Integrated
Entry and Exit Data System Task Force, as described
in section 3 of the Immigration and Naturalization Service
Data Management Improvement Act of 2000 (Public Law
106–215).
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated such sums as may be necessary to
fully implement the system described in paragraph (1)(A).
(b) DEVELOPMENT OF THE SYSTEM.—In the development of the
integrated entry and exit data system under section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1365a), the Attorney General and the Secretary
of State shall particularly focus on—
(1) the utilization of biometric technology; and
H. R. 3162—83
(2) the development of tamper-resistant documents read-
able at ports of entry.
(c) INTERFACE
WITH
LAW
ENFORCEMENT
DATABASES.—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 Home-
land Security shall submit a report 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 identify 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 received 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 SECURITY 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 STU-
DENT VISA MONITORING PROGRAM REQUIRED.—The Attorney Gen-
eral, in consultation with the Secretary of State, shall fully imple-
ment and expand the program established by section 641(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1372(a)).
(b) INTEGRATION WITH PORT OF ENTRY INFORMATION.—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 APPROVED EDU-
CATIONAL INSTITUTIONS.—Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility 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 subparagraph (A)), by inserting ‘‘,
other approved educational institutions,’’ after ‘‘higher edu-
cation’’ each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by
inserting ‘‘, or other approved educational 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 edu-
cation’’ each place it appears; and
(4) in subsection (h), by adding at the end the following
new paragraph:
‘‘(3) OTHER
APPROVED
EDUCATIONAL
INSTITUTION.—The
term ‘other approved educational institution’ includes any air
flight school, language training school, or vocational school,
H. R. 3162—84
approved by the Attorney General, in consultation with the
Secretary of Education and the Secretary of State, under
subparagraph (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 Justice $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 fiscal year until
September 30, 2007—
(1) perform annual audits of the implementation 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 precautionary measures
to prevent the counterfeiting and theft of passports; and
(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 thereafter until 2007, the
Secretary of State shall submit a report to Congress setting forth
the findings of the most recent audit conducted under subsection
(a)(1).
(c) ADVANCING
DEADLINE
FOR
SATISFACTION
OF
REQUIRE-
MENT.—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 Nation-
ality 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 ending 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-
retary of State finds that the program country—
‘‘(i) is making progress toward ensuring that pass-
ports 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 requirement 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.
H. R. 3162—85
(b) ACTIONS TO BE TAKEN.—If the Secretary of State determines
under subsection (a) that consular shopping is a problem, the Sec-
retary shall take steps to address the problem and shall submit
a report to Congress describing what action was taken.
Subtitle C—Preservation of Immigration
Benefits for Victims of Terrorism
SEC. 421. SPECIAL IMMIGRANT STATUS.
(a) IN GENERAL.—For purposes of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.), the Attorney 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 specified 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 sub-
section 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 Immigration and
Nationality Act (8 U.S.C. 1154) to classify the alien
as a family-sponsored immigrant under 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 authorize the issuance of a non-
immigrant visa to the alien under section
101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K));
or
(ii) an application for labor certification under sec-
tion 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 revoked or termi-
nated (or otherwise rendered null), either before or after
its approval, due to a specified terrorist activity that
directly resulted in—
(i) the death or disability of the petitioner,
applicant, or alien beneficiary; or
(ii) loss of employment due to physical damage
to, or destruction of, the business of the petitioner
or applicant.
(2) SPOUSES AND CHILDREN.—
(A) IN GENERAL.—An alien is described in this sub-
section if—
H. R. 3162—86
(i) the alien was, on September 10, 2001, the
spouse or child of a principal alien described in para-
graph (1); and
(ii) the alien—
(I) is accompanying such principal alien; or
(II) is following to join such principal alien
not later than September 11, 2003.
(B) CONSTRUCTION.—For purposes of construing the
terms ‘‘accompanying’’ and ‘‘following to join’’ in subpara-
graph (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 grandparent 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.
(c) PRIORITY DATE.—Immigrant visas made available 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 Immigration and Nationality
Act (8 U.S.C. 1151–1153) in any fiscal 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 STATUS.—
(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—
(A) the date such lawful nonimmigrant status other-
wise would have terminated if this subsection had not
been enacted; or
(B) 1 year after the death or onset of disability
described in paragraph (2).
(2) ALIENS DESCRIBED.—
(A) PRINCIPAL ALIENS.—An alien is described in this
paragraph if the alien was disabled 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 subparagraph (A);
or
(ii) an alien who died as a direct result of a speci-
fied terrorist activity.
H. R. 3162—88
(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), circumstances preventing an
alien from timely acting 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 Immigration and Nationality Act (8
U.S.C. 1153(e)(2)), an immigrant visa number issued to an
alien under section 203(c) of such Act for fiscal year 2001
may be used by the alien during the period beginning on
October 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 permanent 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
purposes of section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)), unless the worldwide 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 CERTAIN 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 principal
alien died as a direct result of a specified terrorist 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 entitled to an immigrant status and the imme-
diate 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 principal alien were not deceased and as if the
spouse or child’s visa application had been adjudicated by Sep-
tember 30, 2001.
(4) CIRCUMSTANCES PREVENTING TIMELY ACTION.—For pur-
poses of paragraph (1), circumstances preventing an alien from
using an immigrant 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 affecting case
processing or travel necessary to satisfy legal requirements.
H. R. 3162—89
(d) EXTENSION OF EXPIRATION OF IMMIGRANT VISAS.—
(1) IN GENERAL.—Notwithstanding the limitations 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 validity is otherwise provided under this sub-
title.
(2) CIRCUMSTANCES PREVENTING ENTRY.—For purposes of
this subsection, circumstances preventing an alien from
effecting entry into the United States are—
(A) office closures;
(B) airline flight cessations or delays; and
(C) other closures, cessations, or delays affecting 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 extended for an additional 90
days.
(2) CIRCUMSTANCES PREVENTING RETURN.—For purposes of
this subsection, circumstances preventing 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 affecting case
processing or travel necessary to satisfy legal requirements.
(f) VOLUNTARY DEPARTURE.—Notwithstanding section 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 September 11, 2001, and ending on October
11, 2001, such voluntary departure period is deemed extended for
an additional 30 days.
SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES
AND CHILDREN.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sentence of sec-
tion 201(b)(2)(A)(i) of the Immigration 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 separated from the citizen
at the time of the citizen’s death, if the citizen died as a
direct result of a specified 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 such section 204(a)(1)(A)(ii), an alien
granted relief under the preceding sentence shall be considered
H. R. 3162—90
an alien spouse described in the second sentence of section
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 terrorist activity, the alien shall be consid-
ered, for purposes of section 201(b) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)), to remain an imme-
diate relative after the date of the citizen’s death (regard-
less 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 classi-
fication of the alien under section 201(b)(2)(A)(i) of the
Immigration 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 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 unmarried son or
daughter of an alien described in paragraph (3) who is included
in a petition for classification 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 before
September 11, 2001, shall be considered (if the spouse, child,
son, or daughter has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner for pref-
erence status under such section with the same priority date
as that assigned prior to the death described in paragraph
(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 Nationality Act may file a petition for such classification
with the Attorney General, if the spouse, child, son, or daughter
was present in the United States on September 11, 2001. Such
spouse, child, son, or daughter may be eligible for deferred
action and work authorization.
(3) ALIENS DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day of such death, was lawfully admitted
for permanent residence in the United States.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING
SPOUSES AND CHILDREN OF EMPLOYMENT-BASED IMMIGRANTS.—
(1) IN GENERAL.—Any alien who was, on September 10,
2001, the spouse or child of an alien described in paragraph
(2), and who applied for adjustment of status prior to the
death described in paragraph (2)(A), may have such application
adjudicated as if such death had not occurred.
H. R. 3162—91
(2) ALIENS DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) died as a direct result of a specified terrorist
activity; and
(B) on the day before such death, was—
(i) an alien lawfully admitted for permanent resi-
dence in the United States by reason of having been
allotted a visa under section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)); or
(ii) an applicant for adjustment of status to that
of an alien described in clause (i), and admissible to
the United States for permanent residence.
(d) WAIVER OF PUBLIC CHARGE GROUNDS.—In determining the
admissibility of any alien accorded an immigration benefit under
this section, the grounds for inadmissibility specified in section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) shall not apply.
SEC. 424. ‘‘AGE-OUT’’ PROTECTION FOR CHILDREN.
For purposes of the administration of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien—
(1) whose 21st birthday occurs in September 2001, and
who is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall
be considered to be a child for 90 days after the alien’s 21st
birthday for purposes of adjudicating such petition or applica-
tion; and
(2) whose 21st birthday occurs after September 2001, and
who is the beneficiary of a petition or application filed under
such Act on or before September 11, 2001, the alien shall
be considered to be a child for 45 days after the alien’s 21st
birthday for purposes of adjudicating such petition or applica-
tion.
SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.
The Attorney General, for humanitarian purposes or to ensure
family unity, may provide temporary administrative relief to any
alien who—
(1) was lawfully present in the United States on September
10, 2001;
(2) was on such date the spouse, parent, or child of an
individual who died or was disabled as a direct result of a
specified terrorist activity; and
(3) is not otherwise entitled to relief under any other provi-
sion of this subtitle.
SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOY-
MENT.
(a) IN GENERAL.—The Attorney General shall establish appro-
priate standards for evidence demonstrating, for purposes of this
subtitle, that any of the following occurred as a direct result of
a specified terrorist activity:
(1) Death.
(2) Disability.
(3) Loss of employment due to physical damage to, or
destruction of, a business.
(b) WAIVER OF REGULATIONS.—The Attorney General shall carry
out subsection (a) as expeditiously as possible. The Attorney General