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H. R. 3162—78
1182(a)(3)), or deportable under section 237(a)(4)(B) of such
Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments
made by subsection (a), on the ground that the alien
engaged in a terrorist activity described in subclause
(IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of
such Act (as so amended) with respect to a group at any
time when the group was not a terrorist organization des-
ignated by the Secretary of State under section 219 of
such Act (8 U.S.C. 1189) or otherwise designated under
section 212(a)(3)(B)(vi)(II) of such Act (as so amended).
(B) STATUTORY CONSTRUCTION.—Subparagraph (A)
shall not be construed to prevent an alien from being
considered inadmissible or deportable for having engaged
in a terrorist activity—
(i) described in subclause (IV)(bb), (V)(bb), or
(VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization at
any time when such organization was designated by
the Secretary of State under section 219 of such Act
or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended); or
(ii) described in subclause (IV)(cc), (V)(cc), or
(VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a terrorist organization
described in section 212(a)(3)(B)(vi)(III) of such Act
(as so amended).
(4) EXCEPTION.—The Secretary of State, in consultation
with the Attorney General, may determine that the amend-
ments made by this section shall not apply with respect to
actions by an alien taken outside the United States before
the date of the enactment of this Act upon the recommendation
of a consular officer who has concluded that there is not reason-
able ground to believe that the alien knew or reasonably should
have known that the actions would further a terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.—Sec-
tion 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘or terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)),
or retains the capability and intent to engage in terrorist
activity or terrorism’’ after ‘‘212(a)(3)(B)’’;
(2) in paragraph (1)(C), by inserting ‘‘or terrorism’’ after
‘‘terrorist activity’’;
(3) by amending paragraph (2)(A) to read as follows:
‘‘(A) NOTICE.—
‘‘(i) TO CONGRESSIONAL LEADERS.—Seven days
before making a designation under this subsection,
the Secretary shall, by classified communication, notify
the Speaker and Minority Leader of the House of Rep-
resentatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the
members of the relevant committees of the House of
Representatives and the Senate, in writing, of the