[Congressional Record Volume 162, Number 11 (Wednesday, January 20, 2016)]
[Senate]
[Pages S135-S137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2945. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 4038, to require that supplemental certifications 
and background investigations be completed prior to the admission of 
certain aliens as refugees, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REFUGEE RESETTLEMENT.

       (a) In General.--The governor of each State shall be 
     permitted to advise the Secretary of State, on a weekly 
     basis, of the willingness of such State to accept the 
     resettlement of a refugee in such State.
       (b) Advise.--The Secretary of State shall provide full 
     information to a governor of any State if the Secretary 
     resettles a refugee in that State.
                                 ______
                                 
  SA 2946. Mr. THUNE (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill H.R. 4038, to 
require that supplemental certifications and background investigations 
be completed prior to the admission of certain aliens as refugees, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REFUGEE RESETTLEMENT VETO AUTHORITY.

       (a) In General.--The governor of each State shall be 
     permitted to advise the Secretary of State, on a weekly 
     basis, of the willingness of such State to accept the 
     resettlement of a refugee in such State.
       (b) Veto Authority.--The governor of any State may veto the 
     resettlement of any refugee in that State.
                                 ______
                                 
  SA 2947. Mr. KIRK (for himself, Mrs. Capito, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4038, to require that supplemental certifications and background 
investigations be completed prior to the admission of certain aliens as 
refugees, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 14, insert ``, and has provided support to 
     any foreign terrorist organization, which may include 
     publishing or otherwise engaging in social media to promote 
     or otherwise support a foreign terrorist organization'' 
     before the period at the end.
       Beginning on page 3, strike line 15 and all that follows 
     through page 5, line 2, and insert the following:

     SEC. 3. INADMISSIBILITY FOR USE OF SOCIAL MEDIA TO PROMOTE 
                   TERRORISM.

       (a) In General.--Section 212(a)(3)(B)(i)(VII) of the 
     Immigration and

[[Page S136]]

     Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VII)) is amended 
     by inserting ``, including through the use of social media'' 
     before the semicolon at the end.
       (b) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     issue regulations, in accordance with section 553 of title 5, 
     United States Code, to ensure that every covered alien who 
     has violated section 212(a)(3)(B)(i)(VII) of such Act (8 
     U.S.C. 1182(a)(3)(B)(i)(VII))--
       (1) does not receive an immigrant visa under section 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1153); and
       (2) does not have his or her status adjusted to that of an 
     alien lawfully admitted for permanent residence under section 
     245 of such Act (8 U.S.C. 1155).
       (c) Effective Date.--The regulations issued under 
     subsection (b) shall take effect on the date that is 30 days 
     after the date on which such regulations are published in the 
     Federal Register.

     SEC. 4. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Select Committee on Intelligence of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on Foreign Relations of the Senate;
       (F) the Committee on Appropriations of the Senate;
       (G) the Committee on Armed Services of the House of 
     Representatives;
       (H) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (I) the Committee on the Judiciary of the House of 
     Representatives;
       (J) the Committee on Homeland Security of the House of 
     Representatives;
       (K) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (L) the Committee on Appropriations of the House of 
     Representatives.
       (2) Covered alien.--The term ``covered alien'' means any 
     alien who--
       (A)(i) is applying for admission to the United States as a 
     refugee; and
       (ii) is a national or resident of Iraq or Syria;
       (iii) has no known nationality and whose last habitual 
     residence was in Iraq or in Syria; or
       (iv) has been present in Iraq or in Syria at any time on or 
     after March 1, 2011.
       (B) is not a citizen of Iraq who--
       (i) is or was employed by or on behalf of the United States 
     Government in Iraq on or after March 20, 2003, for not less 
     than 1 year; and
       (ii) provided faithful and valuable service to the United 
     States Government, which is documented in a positive 
     recommendation or evaluation described in subsection (c), 
     from the employer's senior supervisor in the United States 
     Government or from a more senior person if the employee's 
     senior supervisor cannot be located;
       (C) is not the spouse or child of an alien described in 
     subparagraph (B); and
       (D) is not an infant child without living parents who is 
     younger than 4 years of age, as certified under procedures 
     promulgated by the Secretary of State under subsection (b).
       (3) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' is a foreign organization that is 
     designated as a foreign terrorist organization by the 
     Secretary of State in accordance with section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a)).
       (b) Certification.--
       (1) In general.--The Secretary of State shall issue 
     regulations establishing procedures for certifying that an 
     alien is an alien child without living parents who is younger 
     than 4 years of age, as described in subsection (a)(2)(D).
       (2) Submission.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the regulations issued under paragraph (1) to the 
     appropriate congressional committees.
       (3) Implementation.--Not earlier than 90 days after the 
     submission of regulations under paragraph (2), the Secretary 
     of State shall implement the regulations issued under 
     paragraph (1).
       (c) Approval by Chief of Mission Required.--Each 
     recommendation or evaluation required under subsection 
     (a)(2)(B)(ii)) shall be accompanied by approval from the 
     appropriate Chief of Mission, or his or her designee, who 
     shall conduct a risk assessment of the alien and an 
     independent review of records maintained by the United States 
     Government or hiring organization or entity to confirm the 
     alien's employment and faithful and valuable service to the 
     United States Government before the alien is exempted from 
     definition of covered alien under subsection (a)(2)(B).
                                 ______
                                 
  SA 2948. Mr. KIRK (for himself, Mrs. Capito, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4038, to require that supplemental certifications and background 
investigations be completed prior to the admission of certain aliens as 
refugees, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 3. STATE NOTIFICATION REQUIREMENT. SECTION 412(B) OF THE 
                   IMMIGRATION AND NATIONALITY ACT (8 U.S.C. 
                   1522(B)) IS AMENDED BY ADDING AT THE END THE 
                   FOLLOWING:

       ``(9) Before a refugee is resettled in a State, the 
     Secretary of State shall provide the governor of such State, 
     or the governor's designee, with respect to the refugee--
       ``(A) the full, legal name;
       ``(B) a physical description, including biometric 
     information;
       ``(C) relevant biographical information;
       ``(D) the country of origin; and
       ``(E) any prior citizenship.''.
                                 ______
                                 
  SA 2949. Mr. KIRK (for himself, Mrs. Capito, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4038, to require that supplemental certifications and background 
investigations be completed prior to the admission of certain aliens as 
refugees, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 3. PRIORITIZING SPECIAL IMMIGRANT VISAS FOR IRAQI AND 
                   AFGHAN TRANSLATORS.

       In allocating the resources of the Department of State, the 
     Secretary of State shall prioritize the issuance of special 
     immigrant visas authorized under--
       (1) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 
     note);
       (2) section 1244 of the Refugee Crisis in Iraq Act of 2007 
     (8 U.S.C. 1157 note); and
       (3) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note).
                                 ______
                                 
  SA 2950. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 4038, to require that supplemental certifications 
and background investigations be completed prior to the admission of 
certain aliens as refugees, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. ELIMINATION OF EXCLUSION OF CERTAIN DUAL NATIONALS 
                   FROM PARTICIPATION IN THE VISA WAIVER PROGRAM.

       (a) Short Title.--This section may be cited as the ``Equal 
     Protection in Travel Act of 2016''.
       (b) Visa Waiver Program.--Section 217(a)(12) of the 
     Immigration and Nationality Act (8 U.S.C. 1187(a)(12)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking clause (ii);
       (B) by striking ``(C)--'' and all that follows through 
     ``the alien has not been present'' and inserting ``(C), the 
     alien has not been present''; and
       (C) by redesignating subclauses (I), (II), and (III) as 
     clauses (i), (ii), and (iii), respectively; and
       (2) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``(A)(i)'' and inserting ``(A)''.
                                 ______
                                 
  SA 2951. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 4038, to require that supplemental certifications 
and background investigations be completed prior to the admission of 
certain aliens as refugees, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 3, strike line 14 and insert the following:
       (e) Delegation Authorized.--The Director of the Federal 
     Bureau of Investigation and the Secretary of Homeland 
     Security may delegate their respective responsibilities for 
     issuing the certifications required under subsections (a) and 
     (b) to an individual or individuals with the relevant 
     authority and expertise within their respective agency.
       (f) Definitions.--In this Act:
                                 ______
                                 
  SA 2952. Mr. McCONNELL (for Mr. Grassley (for himself, Mr. Bennet, 
Mr. Isakson, and Mr. Sanders)) proposed an amendment to the bill S. 
607, to provide for a five-year extension of the Medicare rural 
community hospital demonstration program; as follows:

       Strike section 2 and insert the following:

     SEC. 2. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL 
                   DEMONSTRATION PROGRAM.

       (a) Extension.--Section 410A of the Medicare Prescription 
     Drug, Improvement, and Modernization Act of 2003 (Public Law 
     108-173; 42 U.S.C. 1395ww note), as amended by sections 3123 
     and 10313 of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended--
       (1) in subsection (a)(5), by striking ``5-year extension 
     period'' and inserting ``10-year extension period''; and
       (2) in subsection (g)--
       (A) in the subsection heading, by striking ``Five-Year'' 
     and inserting ``Ten-Year'';
       (B) in paragraph (1), by striking ``additional 5-year'' and 
     inserting ``additional 10-year'';

[[Page S137]]

       (C) by striking ``5-year extension period'' and inserting 
     ``10-year extension period'' each place it appears;
       (D) in paragraph (4)(B)--
       (i) in the matter preceding clause (i), by inserting ``each 
     5-year period in'' after ``hospital during''; and
       (ii) in clause (i), by inserting ``each applicable 5-year 
     period in'' after ``the first day of''; and
       (E) by adding at the end the following new paragraphs:
       ``(5) Other hospitals in demonstration program.--During the 
     second 5 years of the 10-year extension period, the Secretary 
     shall apply the provisions of paragraph (4) to rural 
     community hospitals that are not described in paragraph (4) 
     but are participating in the demonstration program under this 
     section as of December 30, 2014, in a similar manner as such 
     provisions apply to rural community hospitals described in 
     paragraph (4).
       ``(6) Expansion of demonstration program to rural areas in 
     any state.--
       ``(A) In general.--The Secretary shall, notwithstanding 
     subsection (a)(2) or paragraph (2) of this subsection, not 
     later than 120 days after the date of the enactment of this 
     paragraph, issue a solicitation for applications to select up 
     to the maximum number of additional rural community hospitals 
     located in any State to participate in the demonstration 
     program under this section for the second 5 years of the 10-
     year extension period without exceeding the limitation under 
     paragraph (3) of this subsection.
       ``(B) Priority.--In determining which rural community 
     hospitals that submitted an application pursuant to the 
     solicitation under subparagraph (A) to select for 
     participation in the demonstration program, the Secretary--
       ``(i) shall give priority to rural community hospitals 
     located in one of the 20 States with the lowest population 
     densities (as determined by the Secretary using the 2015 
     Statistical Abstract of the United States); and
       ``(ii) may consider--

       ``(I) closures of hospitals located in rural areas in the 
     State in which the rural community hospital is located during 
     the 5-year period immediately preceding the date of the 
     enactment of this paragraph; and
       ``(II) the population density of the State in which the 
     rural community hospital is located.''.

       (b) Change in Timing for Report.--Subsection (e) of such 
     section 410A is amended--
       (1) by striking ``Not later than 6 months after the 
     completion of the demonstration program under this section'' 
     and inserting ``Not later than August 1, 2018''; and
       (2) by striking ``such program'' and inserting ``the 
     demonstration program under this section''.

                          ____________________