Page:United States Statutes at Large Volume 119.djvu/326

 119 STAT. 308

Applicability. 8 USC 1182 note.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–13—MAY 11, 2005

‘‘(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 by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; 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 subclause (I) or (II) of clause (vi) or to any member of such an organization; or ‘‘(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.’’. (c) TERRORIST ORGANIZATION DEFINED.—Section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows: ‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used in this section, the term ‘terrorist organization’ 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 Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or ‘‘(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this division, and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to—

Jkt 039194

PO 00001

Frm 00306

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�