[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4321-S4322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4764. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski)
to the bill H.R. 2578, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2016, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TERRORIST REFUGEE INFILTRATION PREVENTION.
(a) Short Title.--This section may be cited as the
``Terrorist Refugee Infiltration Prevention Act of 2016''.
(b) Definitions.--In this section:
(1) Country containing terrorist-controlled territory.--The
term ``country containing terrorist-controlled territory''
means--
(A) Iraq, Libya, Somalia, Syria, and Yemen; and
(B) any other country designated by the Secretary of State
pursuant to section 4(a).
(2) Refugee.--The term ``refugee'' has the meaning given
the term in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)).
(3) Substantial assistance.--The term ``substantial
assistance'' means a level of assistance without which the
United States could not achieve the purposes for which the
assistance was provided or sought.
(4) Victim of genocide.--The term ``victim of genocide''
has the meaning given the term in Article II of the United
Nations Convention on the Prevention and Punishment of the
Crime of Genocide, opened for signature in Paris on December
9, 1948.
(c) Prohibition on Refugees From Terrorist-controlled
Territories.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, an alien may not
be admitted to the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) if the alien
is a national of, has habitually resided in, or is claiming
refugee status due to events in any country containing
terrorist-controlled territory.
(2) Exception.--
(A) In general.--An alien otherwise prohibited from
admission to the United States under paragraph (1) may be
admitted to the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) if the alien
clearly proves, beyond doubt, that he or she--
(i) satisfies the requirements for admission as a refugee;
and
(ii) is a member of a group that has been designated by the
Secretary of State or by an Act of Congress as a victim of
genocide.
(B) National security threat.--An alien may not be admitted
under subparagraph (A) unless--
(i) the alien has undergone the highest level of security
screening of any category of traveler to the United States,
including assessments by the Department of State, the
Department of Defense, the Department of Homeland Security,
the Federal Bureau of Investigation Terrorist Screening
Center, and the National Counterterrorism Center;
(ii) full multi-modal biometrics of the alien have been
taken, including face, iris, and all fingerprints; and
(iii) the Secretary of State, the Secretary of Defense, the
Secretary of Homeland Security, the Director of the Federal
Bureau of Investigation, and the Director of National
Intelligence certify that such alien is not a threat to the
national security of the United States.
(3) Applicability.--Paragraphs (1) and (2) shall not apply
to any alien seeking admission under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) if the
Secretary of State, the Secretary of Defense, the Secretary
of Homeland Security, and the Director of National
Intelligence certify that the alien--
(A) provided substantial assistance to the United States;
and
(B) would face a substantial risk of death or serious
bodily injury because of that assistance if not admitted to
the United States.
[[Page S4322]]
(d) Responsibilities of the Secretary of State.--
(1) Identification of other countries.--In addition to the
countries listed in subsection (b)(1)(A), the Secretary of
State may designate, as a ``country containing terrorist-
controlled territory'', any country containing territory that
is controlled, in substantial part, by a Foreign Terrorist
Organization, as designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), to the exclusion of that country's recognized
government.
(2) List of countries containing terrorist-controlled
territory.--The Secretary of State shall--
(A) maintain and continually update a list of the countries
containing terrorist-controlled territory; and
(B) continuously make available the list described in
subparagraph (A)--
(i) on the Secretary's website;
(ii) to the Secretary of Homeland Security;
(iii) to Congress; and
(iv) to the public.
(3) Victims of genocide.--The Secretary of State shall--
(A) identify all groups that are victims of genocide;
(B) maintain and continually update a list of the groups
that the Secretary or Congress has identified as victims of
genocide; and
(C) continuously make available the list described in
subparagraph (B)--
(i) on the Secretary's website;
(ii) to the Secretary of Homeland Security;
(iii) to Congress; and
(iv) to the public.
(4) National security threat.--The Secretary of State may
refuse to designate a group for the exception under
subsection (c)(2)(A)(ii) if the Secretary determines that the
group poses a substantial security risk to the United States.
(e) Responsibilities of the Secretary of Homeland
Security.--
(1) Rulemaking.--The Secretary of Homeland Security shall
issue regulations to implement subsection (c) as soon as
practicable.
(2) Limit of alien assertions.--The Secretary of Homeland
Security may not admit any alien into the United States under
this section solely based on the assertions of such alien.
(3) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of State, the Secretary of
Defense, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence to substantiate, as
much as reasonably practicable, the assertions made by aliens
seeking admission to the United States.
(f) Effective Period.--This section shall be effective
during the 3-year period beginning on the date of the
enactment of this Act.
______