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terrorist activity or a terrorist organi-
zation, in a way that the Secretary of
State has determined undermines
United States efforts to reduce or
eliminate terrorist activities, or
‘‘(VII) is the spouse or child of
an alien who is inadmissible under
this section, if the activity causing the
alien to be found inadmissible oc-
curred within the last 5 years,’’;
(B) by redesignating clauses (ii), (iii), and
(iv) as clauses (iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking ‘‘clause
(iii)’’ and inserting ‘‘clause (iv)’’;
(D) by inserting after clause (i) the fol-
lowing:
‘‘(ii) EXCEPTION.—Subclause (VII) of
clause (i) does not apply to a spouse or
child—
‘‘(I) who did not know or should
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this section; or
‘‘(II) whom the consular officer
or Attorney General has reasonable
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grounds to believe has renounced the
activity causing the alien to be found
inadmissible under this section.’’;
(E) in clause (iii) (as redesignated by sub-
paragraph (B))—
(i) by inserting ‘‘it had been’’ before
‘‘committed in the United States’’; and
(ii) in subclause (V)(b), by striking
‘‘or firearm’’ and inserting ‘‘, firearm, or
other weapon or dangerous device’’;
(F) by amending clause (iv) (as redesig-
nated by subparagraph (B)) to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this chapter, the
term ‘engage in terrorist activity’ means,
in an individual capacity or as a member
of an organization—
‘‘(I) to commit or to incite to
commit, under circumstances indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist activity;
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‘‘(III) to gather information on
potential targets for terrorist activity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza-
tion described in clauses (vi)(I)
or (vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate that he did not know,
and should not reasonably have
known, 
that 
the 
solicitation
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 clauses (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
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in clause (vi)(III), unless the so-
licitor can demonstrate that he
did not know, and should not
reasonably have known, that the
solicitation would further the or-
ganization’s terrorist activity; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of
a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
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‘‘(cc) to a terrorist organiza-
tion described in clauses (vi)(I)
or (vi)(II); or
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause
(vi)(III), unless the actor can
demonstrate that he did not
know, and should not reasonably
have known, that the act would
further the organization’s ter-
rorist activity.
This clause shall not apply to any ma-
terial support the alien afforded to an
organization or individual that has
committed terrorist activity, if the
Secretary of State, after consultation
with the Attorney General, or the At-
torney General, after consultation
with the Secretary of State, concludes
in his sole unreviewable discretion,
that this clause should not apply.’’;
and
(G) by adding at the end the following new
clause:
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‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in clause (i)(VI) and
clause (iv), the term ‘terrorist organiza-
tion’ means an organization—
‘‘(I) designated under section
219;
‘‘(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the Attor-
ney General, as a terrorist organiza-
tion, after finding that it engages in
the activities described in subclause
(I), (II), or (III) of clause (iv), or that
it provides material support to further
terrorist activity; or
‘‘(III) that is a group of two or
more individuals, whether organized
or not, which engages in the activities
described in subclause (I), (II), or
(III) of clause (iv).’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(F) ASSOCIATION WITH TERRORIST ORGA-
NIZATIONS.—Any alien who the Secretary of
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State, after consultation with the Attorney Gen-
eral, or the Attorney General, after consultation
with the Secretary of State, determines has
been associated with a terrorist organization
and intends while in the United States to en-
gage solely, principally, or incidentally in activi-
ties that could endanger the welfare, safety, or
security of the United States is inadmissible.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is
amended by striking ‘‘section 212(a)(3)(B)(iii)’’ and
inserting ‘‘section 212(a)(3)(B)(iv)’’.
(2) Section 208(b)(2)(A)(v) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is
amended by striking ‘‘or (IV)’’ and inserting ‘‘(IV),
or (VI)’’.
(c) RETROACTIVE APPLICATION OF AMENDMENTS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall take effect on the date of the en-
actment of this Act and shall apply to—
(A) actions taken by an alien before, on, or
after such date; and
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(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).—
(A) IN GENERAL.—Notwithstanding para-
graphs (1) and (2), no alien shall be considered
inadmissible under section 212(a)(3) of the Im-
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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).
(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-
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-
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ignated under section 212(a)(3)(B)(vi)(II);
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).
(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—
(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-
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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, in writing, of the in-
tent to designate an organization under
this subsection, together with the findings
made under paragraph (1) with respect to
that organization, and the factual basis
therefor.
‘‘(ii) PUBLICATION IN FEDERAL REG-
ISTER.—The Secretary shall publish the
designation in the Federal Register seven
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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.’’;
(8) in paragraph (6)(A)—
(A) by inserting ‘‘or a redesignation made
under paragraph (4)(B)’’ after ‘‘paragraph
(1)’’;
(B) in clause (i)—
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(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)—
(A) by striking ‘‘paragraph (1)(B)’’ and
inserting ‘‘paragraph (2)(B), or if a redesigna-
tion under this subsection has become effective
under paragraph (4)(B)’’;
(B) by inserting ‘‘or an alien in a removal
proceeding’’ after ‘‘criminal action’’; and
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(C) by inserting ‘‘or redesignation’’ before
‘‘as a defense’’.
SEC. 412. MANDATORY DETENTION OF SUSPECTED TER-
RORISTS; HABEAS CORPUS; JUDICIAL RE-
VIEW.
(a) IN GENERAL.—The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended by inserting after
section 236 the following:
‘‘MANDATORY DETENTION OF SUSPECTED TERRORISTS;
HABEAS CORPUS; JUDICIAL REVIEW
‘‘SEC. 236A. (a) DETENTION
OF
TERRORIST
ALIENS.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien who is certified under
paragraph (3).
‘‘(2) RELEASE.—Except as provided in para-
graphs (5) and (6), the Attorney General shall main-
tain custody of such an alien until the alien is re-
moved 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 deter-
mines that the alien is no longer an alien who may
be certified under paragraph (3).
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‘‘(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 Commissioner. The Commis-
sioner may not delegate such authority.
‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The
Attorney General 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 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 under paragraph (1) who