of one year or longer may be imposed or whether the alien has been convicted for a crime where the maximum penalty possible did not exceed one year shall be determined based on the maximum penalty allowed by the statute of conviction as of the date the offense was committed. Subsequent changes in State or Federal law which increase or decrease the sentence that may be imposed for a given crime shall not be considered. . 3109. Adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iv) ) is amended— (1) in subclause (VI), by striking the period and inserting