[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1116-S1117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2005. Mrs. SHAHEEN (for herself, Mr. Leahy, and Ms. Hassan) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2579, to amend the Internal Revenue Code of 1986 to allow the premium 
tax credit with respect to unsubsidized COBRA continuation coverage; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIMINATION OF ONE-YEAR FILING DEADLINE FOR ASYLUM 
                   APPLICATIONS.

       Section 208(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(a)(2)) is amended--
       (1) in subparagraph (A), by inserting ``or the Secretary of 
     Homeland Security'' after ``Attorney General'' both places 
     the term appears;
       (2) by striking subparagraphs (B) and (D);
       (3) by redesignating subparagraph (C) as subparagraph (B);
       (4) in subparagraph (B), as redesignated, by striking 
     ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
     (D)''; and
       (5) by inserting after subparagraph (B), as redesignated, 
     the following new subparagraphs:
       ``(C) Changed circumstances.--Notwithstanding subparagraph 
     (B), an application for asylum of an alien may be considered 
     if the alien demonstrates, to the satisfaction of the 
     Attorney General or the Secretary of Homeland Security, the 
     existence of changed circumstances that materially affect the 
     applicant's eligibility for asylum.

[[Page S1117]]

       ``(D) Motion to reopen certain meritorious claims.--
     Notwithstanding subparagraph (B) or section 240(c)(7), an 
     alien may file a motion to reopen an asylum claim if the 
     alien--
       ``(i) was denied asylum based solely upon a failure to meet 
     the 1-year application filing deadline in effect on the date 
     on which the application was filed;
       ``(ii) was granted withholding of removal pursuant to 
     section 241(b)(3) and has not obtained lawful permanent 
     residence in the United States pursuant to any other 
     provision of law;
       ``(iii) is not subject to the safe third country exception 
     under subparagraph (A) or a bar to asylum under subsection 
     (b)(2) and should not be denied asylum as a matter of 
     discretion; and
       ``(iv) is physically present in the United States when the 
     motion is filed.''.
                                 ______