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

[[Page 115 STAT. 343]]

        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 monitoring 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 authorized 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-effective and efficient 
means of sharing the information.
    ``(d) <> For purposes of administering 
this section, the Department of State shall, prior to receiving access 
to 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

[[Page 115 STAT. 344]]

            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used solely 
                to determine whether or not to issue a visa to an alien 
                or to admit an alien to the United States;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of 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 intelligence 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 pursuant 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 
        paragraph (2), once implemented, shall be readily and easily 
        accessible to--
                    (A) all consular officers responsible for the 
                issuance of visas;
                    (B) all Federal inspection agents at all United 
                States border inspection points; and
                    (C) all law enforcement and intelligence 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 privacy 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

[[Page 115 STAT. 345]]

        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 Investigation to provide access to the criminal history record 
information contained in the National Crime Information Center's (NCIC) 
Interstate Identification Index (NCIC-III), or to any other 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 Naturalization 
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 Secretary 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)--

[[Page 115 STAT. 346]]

                          (i) by amending subclause (IV) to read as 
                      follows:
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a foreign terrorist 
                                        organization, as designated by 
                                        the Secretary of State under 
                                        section 219, or
                                            ``(bb) a political, social 
                                        or other similar group whose 
                                        public endorsement of acts of 
                                        terrorist activity the Secretary 
                                        of State has determined 
                                        undermines United States efforts 
                                        to reduce or eliminate terrorist 
                                        activities,'';
                          (ii) in subclause (V), by inserting ``or'' 
                      after ``section 219,''; and
                          (iii) by adding at the end the following new 
                      subclauses:
                                    ``(VI) has used the alien's position 
                                of prominence within any country to 
                                endorse or espouse terrorist activity, 
                                or to persuade others to support 
                                terrorist activity or a terrorist 
                                organization, in a way that the 
                                Secretary of State has determined 
                                undermines United States efforts to 
                                reduce or eliminate terrorist 
                                activities, or
                                    ``(VII) is the spouse or child of an 
                                alien who is inadmissible under this 
                                section, if the activity causing the 
                                alien to be found inadmissible occurred 
                                within the last 5 years,'';
                    (B) by redesignating clauses (ii), (iii), and (iv) 
                as clauses (iii), (iv), and (v), respectively;
                    (C) in clause (i)(II), by striking ``clause (iii)'' 
                and inserting ``clause (iv)'';
                    (D) by inserting after clause (i) the following:
                          ``(ii) Exception.--Subclause (VII) of clause 
                      (i) does not apply to a spouse or child--
                                    ``(I) who did not know or should not 
                                reasonably have known of the activity 
                                causing the alien to be found 
                                inadmissible under this section; or
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this section.'';
                    (E) in clause (iii) (as redesignated by subparagraph 
                (B))--
                          (i) by inserting ``it had been'' before 
                      ``committed in the United States''; and
                          (ii) in subclause (V)(b), by striking ``or 
                      firearm'' and inserting ``, firearm, or other 
                      weapon or dangerous device'';
                    (F) by amending clause (iv) (as redesignated by 
                subparagraph (B)) to read as follows:
                          ``(iv) Engage in terrorist activity defined.--
                      As used in this chapter, the term `engage in 
                      terrorist activity' means, in an individual 
                      capacity or as a member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;

[[Page 115 STAT. 347]]

                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist activity;
                                            ``(bb) a terrorist 
                                        organization described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in clause 
                                        (vi)(III), unless the solicitor 
                                        can demonstrate that he did not 
                                        know, and should not reasonably 
                                        have known, that the 
                                        solicitation would further the 
                                        organization's terrorist 
                                        activity;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(I) or (vi)(II); 
                                        or
                                            ``(cc) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(III), unless the 
                                        solicitor can demonstrate that 
                                        he did not know, and should not 
                                        reasonably have known, that the 
                                        solicitation would further the 
                                        organization's terrorist 
                                        activity; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of funds 
                                or other material financial benefit, 
                                false documentation or identification, 
                                weapons (including chemical, biological, 
                                or radiological weapons), explosives, or 
                                training--
                                            ``(aa) for the commission of 
                                        a terrorist activity;
                                            ``(bb) to any individual who 
                                        the actor knows, or reasonably 
                                        should know, has committed or 
                                        plans to commit a terrorist 
                                        activity;
                                            ``(cc) to a terrorist 
                                        organization described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(dd) to a terrorist 
                                        organization described in clause 
                                        (vi)(III), unless the actor can 
                                        demonstrate that he did not 
                                        know, and should not reasonably 
                                        have known, that the act would 
                                        further the organization's 
                                        terrorist activity.
                                This clause shall not apply to any 
                                material support the alien afforded to 
                                an organization or individual that has 
                                committed terrorist activity, if the 
                                Secretary of State, after consultation 
                                with the Attorney General, or the 
                                Attorney General, after consultation 
                                with the Secretary of State, concludes 
                                in his sole unreviewable discretion, 
                                that this clause should not apply.''; 
                                and
                    (G) by adding at the end the following new clause:
                          ``(vi) Terrorist organization defined.--As 
                      used in clause (i)(VI) and clause (iv), the term 
                      `terrorist organization' means an organization--

[[Page 115 STAT. 348]]

                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the Attorney 
                                General, as a terrorist organization, 
                                after finding that the organization 
                                engages in the activities described in 
                                subclause (I), (II), or (III) of clause 
                                (iv), or that the organization provides 
                                material support to further terrorist 
                                activity; or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in the activities 
                                described in subclause (I), (II), or 
                                (III) of clause (iv).''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Association with terrorist organizations.--Any 
                alien who the Secretary of State, after consultation 
                with the Attorney General, or the Attorney General, 
                after consultation with the Secretary of State, 
                determines has been associated with a terrorist 
                organization and intends while in the United States to 
                engage solely, principally, or incidentally in 
                activities that could endanger the welfare, safety, or 
                security of the United States is inadmissible.''.

    (b) Conforming Amendments.--
            (1) Section 237(a)(4)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section 
        212(a)(3)(B)(iii)'' and inserting ``section 212(a)(3)(B)(iv)''.
            (2) Section 208(b)(2)(A)(v) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by 
        striking ``or (IV)'' and inserting ``(IV), or (VI)''.

    (c) Retroactive <> Application of 
Amendments.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect on the date of the enactment of this Act and shall apply 
        to--
                    (A) actions taken by an alien before, on, or after 
                such date; and
                    (B) all aliens, without regard to the date of entry 
                or attempted entry into the United States--
                          (i) in removal proceedings on or after such 
                      date (except for proceedings in which there has 
                      been a final administrative decision before such 
                      date); or
                          (ii) seeking admission to the United States on 
                      or after such date.
            (2) Special rule for aliens in exclusion or deportation 
        proceedings.--Notwithstanding any other provision of law, 
        sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and 
        Nationality Act, as amended by this Act, shall apply to all 
        aliens in exclusion or deportation proceedings on or after the 
        date of the enactment of this Act (except for proceedings in 
        which there has been a final administrative decision before such 
        date) as if such proceedings were removal proceedings.
            (3) Special rule for section 219 organizations and 
        organizations designated under section 212(a)(3)(B)(vi)(II).--
                    (A) In general.--Notwithstanding paragraphs (1) and 
                (2), no alien shall be considered inadmissible under 
                section 212(a)(3) of the Immigration and Nationality Act 
                (8 U.S.C.

[[Page 115 STAT. 349]]

                1182(a)(3)), or deportable under section 237(a)(4)(B) of 
                such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the 
                amendments made by subsection (a), on the ground that 
                the alien engaged in a terrorist activity described in 
                subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 
                212(a)(3)(B)(iv) of such Act (as so amended) with 
                respect to a group at any time when the group was not a 
                terrorist organization designated by the Secretary of 
                State under section 219 of such Act (8 U.S.C. 1189) or 
                otherwise designated under section 212(a)(3)(B)(vi)(II) 
                of such Act (as so amended).
                    (B) Statutory construction.--Subparagraph (A) shall 
                not be construed to prevent an alien from being 
                considered inadmissible or deportable for having engaged 
                in a terrorist activity--
                          (i) described in subclause (IV)(bb), (V)(bb), 
                      or (VI)(cc) of section 212(a)(3)(B)(iv) of such 
                      Act (as so amended) with respect to a terrorist 
                      organization at any time when such organization 
                      was designated by the Secretary of State under 
                      section 219 of such Act or otherwise designated 
                      under section 212(a)(3)(B)(vi)(II) of such Act (as 
                      so amended); or
                          (ii) described in subclause (IV)(cc), (V)(cc), 
                      or (VI)(dd) of section 212(a)(3)(B)(iv) of such 
                      Act (as so amended) with respect to a terrorist 
                      organization described in section 
                      212(a)(3)(B)(vi)(III) of such Act (as so amended).
            (4) Exception.--The Secretary of State, in consultation with 
        the Attorney General, may determine that the amendments made by 
        this section shall not apply with respect to actions by an alien 
        taken outside the United States before the date of the enactment 
        of this Act upon the recommendation of a consular officer who 
        has concluded that there is not reasonable ground to believe 
        that the alien knew or reasonably should have known that the 
        actions would further a terrorist activity.

    (c) Designation of Foreign Terrorist Organizations.--Section 219(a) 
of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
            (1) in paragraph (1)(B), by inserting ``or terrorism (as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
        2656f(d)(2)), or retains the capability and intent to engage in 
        terrorist activity or terrorism'' after ``212(a)(3)(B)'';
            (2) in paragraph (1)(C), by inserting ``or terrorism'' after 
        ``terrorist activity'';
            (3) by amending paragraph (2)(A) to read as follows:
                    ``(A) <> Notice.--
                          ``(i) To congressional leaders.--Seven days 
                      before making a designation under this subsection, 
                      the Secretary shall, by classified communication, 
                      notify the Speaker and Minority Leader of the 
                      House of Representatives, the President pro 
                      tempore, Majority Leader, and Minority Leader of 
                      the Senate, and the members of the relevant 
                      committees of the House of Representatives and the 
                      Senate, in writing, of the

[[Page 115 STAT. 350]]

                      intent to designate an organization under this 
                      subsection, together with the findings made under 
                      paragraph (1) with respect to that organization, 
                      and the factual basis therefor.
                          ``(ii) Publication in federal register.--The 
                      Secretary shall publish the designation in the 
                      Federal Register seven days after providing the 
                      notification under clause (i).'';
            (4) in paragraph (2)(B)(i), by striking ``subparagraph (A)'' 
        and inserting ``subparagraph (A)(ii)'';
            (5) in paragraph (2)(C), by striking ``paragraph (2)'' and 
        inserting ``paragraph (2)(A)(i)'';
            (6) in paragraph (3)(B), by striking ``subsection (c)'' and 
        inserting ``subsection (b)'';
            (7) in paragraph (4)(B), by inserting after the first 
        sentence the following: ``The Secretary also may redesignate 
        such organization at the end of any 2-year redesignation period 
        (but not sooner than 60 days prior to the termination of such 
        period) for an additional 2-year period upon a finding that the 
        relevant circumstances described in paragraph (1) still exist. 
        Any redesignation shall be effective immediately following the 
        end of the prior 2-year designation or redesignation period 
        unless a different effective date is provided in such 
        redesignation.'';
            (8) in paragraph (6)(A)--
                    (A) by inserting ``or a redesignation made under 
                paragraph (4)(B)'' after ``paragraph (1)'';
                    (B) in clause (i)--
                          (i) by inserting ``or redesignation'' after 
                      ``designation'' the first place it appears; and
                          (ii) by striking ``of the designation''; and
                    (C) in clause (ii), by striking ``of the 
                designation'';
            (9) in paragraph (6)(B)--
                    (A) by striking ``through (4)'' and inserting ``and 
                (3)''; and
                    (B) by inserting at the end the following new 
                sentence: ``Any revocation shall take effect on the date 
                specified in the revocation or upon publication in the 
                Federal Register if no effective date is specified.'';
            (10) in paragraph (7), by inserting ``, or the revocation of 
        a redesignation under paragraph (6),'' after ``paragraph (5) or 
        (6)''; and
            (11) in paragraph (8)--
                    (A) by striking ``paragraph (1)(B)'' and inserting 
                ``paragraph (2)(B), or if a redesignation under this 
                subsection has become effective under paragraph 
                (4)(B)'';
                    (B) by inserting ``or an alien in a removal 
                proceeding'' after ``criminal action''; and
                    (C) by inserting ``or redesignation'' before ``as a 
                defense''.

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:

[[Page 115 STAT. 351]]

 ``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 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 
        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 paragraph (3) only to the Deputy 
        Attorney General. The Deputy Attorney General 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 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 additional 
        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

[[Page 115 STAT. 352]]

        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 action 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
                          ``(iv) any district court otherwise having 
                      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 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 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 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.

[[Page 115 STAT. 353]]

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 
        government 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, 
                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 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 
                Secretary of the Treasury, and the Office of Homeland 
                Security, 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 authorized 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

[[Page 115 STAT. 354]]

            (2) the development of tamper-resistant documents readable 
        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 
Homeland 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 Student Visa Monitoring Program Required.--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 
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 Educational 
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 education'' 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 
        education'' 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,

[[Page 115 STAT. 355]]

        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 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 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 
                Secretary of State finds that the program country--
                          ``(i) is making progress toward ensuring 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 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.

[[Page 115 STAT. 356]]

    (b) Actions to be Taken.--If the Secretary of State determines under 
subsection (a) that consular shopping is a problem, the Secretary 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 Nationality 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 
        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 
                                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 nonimmigrant 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 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 revoked or 
                terminated (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 
                subsection if--

[[Page 115 STAT. 357]]

                          (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 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 
                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 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 
                otherwise 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 
                      specified terrorist activity.

[[Page 115 STAT. 358]]

            (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 
        authorized'' endorsement or other appropriate document 
        signifying authorization of employment not later than 30 days 
        after the alien requests such authorization.

    (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 direct 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 
        beginning on September 11, 2001, and ending on the date of the 
        alien's departure, if such departure occurs on or before 
        November 11, 2001.
            (3) Special rule for aliens unable to return from abroad.--
                    (A) Principal aliens.--In the case of an alien who 
                was in a lawful nonimmigrant status 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 application 
                for an extension of nonimmigrant status as a direct 
                result of a specified terrorist activity--
                          (i) 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; 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 
                                subparagraph had not been enacted; or
                                    (II) the date that is 60 days after 
                                the date on which the application 
                                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 principal alien 
                described in subparagraph (A), if the spouse or child 
                was in a lawful nonimmigrant status on September 10, 
                2001, the spouse or 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 action.--

[[Page 115 STAT. 359]]

                    (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 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 
        principal 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 action.--For purposes 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.

[[Page 115 STAT. 360]]

    (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 
        subtitle.
            (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 section 
        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

[[Page 115 STAT. 361]]

        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 considered, for purposes of section 201(b) of 
                the Immigration and Nationality Act (8 U.S.C. 1151(b)), 
                to remain 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 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 
        preference 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 
        paragraph 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.

[[Page 115 STAT. 362]]

            (2) Aliens described.--An alien is described in this 
        paragraph 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 
                      residence 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 
        application; 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 
        application.

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 
        provision of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

    (a) In General.--The Attorney General shall establish appropriate 
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

[[Page 115 STAT. 363]]

is not required to promulgate regulations prior to implementing this 
subtitle.

SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.

    Notwithstanding any other provision of this subtitle, nothing in 
this subtitle shall be construed to provide any benefit or relief to--
            (1) any individual culpable for a specified terrorist 
        activity; or
            (2) any family member of any individual described in 
        paragraph (1).

SEC. 428. DEFINITIONS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the 
definitions used in the Immigration and Nationality Act (excluding the 
definitions applicable exclusively to title III of such Act) shall apply 
in the administration of this subtitle.
    (b) Specified Terrorist Activity.--For purposes of this subtitle, 
the term ``specified terrorist activity'' means any terrorist activity 
conducted against the Government or the people of the United States on 
September 11, 2001.

         

5 of 11 pages. Go to page: