On March 1st, 2003, the Dept. of Homeland Security, under the former Pennsylvania governor Tom Ridge, took over the duties of the former INS (Immigration and Naturalization Service), and added terrorism to the legislative language used to determine admissibility of aliens wishing to visit or immigrate to the United States. This new office is called the Bureau of Citizenship and Immigration Services.
Hey, don't blame me...I didn't craft this legislation!
iii) TERRORIST ACTIVITY DEFINED.-As used in this Act, the term "terrorist activity" means any activity which is unlawful under the laws of the place where it is committed (or which, if 4/ it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
i.e. unlawful under Iraq's laws
(I) The highjacking or sabotage of
any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and
threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
i.e compelling the government of Iraq to give up its WMD
(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination. i.e. Saddam Hussein and his government
(V) The use of any-
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive, 4/ firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
i.e. cruise missiles, MOAB, and other ordinances...you don't have to use WMD to qualify as a terrorist!
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
4/ (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.e. the U.S. Armed Forces
(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;
i.e. Tommy Franks and company
(III) to gather information on potential targets for terrorist activity;
i.e. CIA intelligence gathering
(IV) to solicit funds or other things of value for--
i.e. diverting lawful tax revenues from the Treasury
(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--
i.e. to recruit and train members for engaging in conflict
(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--
i.e. ordinary military operations
(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.
5/ (v) REPRESENTATIVE DEFINED.-As used in this paragraph, the term "representative" includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.
i.e. that would include Donald Rumsfeld, Colin Powell, Condi Rice, Tommy Franks, Ari Fleischer (our lovely spokesdude) and a whole list of unmentionables