[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1517. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines'' and 
     inserting ``if the Attorney General or the Secretary of 
     Homeland Security determines--'';
       (2) by striking ``that the alien may be removed'' and 
     inserting the following:
       ``(i) that the alien may be removed'';
       (3) by striking ``, pursuant to a bilateral or multilateral 
     agreement, to'' and inserting ``to'';
       (4) by inserting ``or the Secretary, on a case by case 
     basis,'' before ``finds that'';
       (5) by striking the period at the end and inserting ``; 
     or''; and
       (6) by adding at the end the following:
       ``(ii) that the alien entered, attempted to enter, or 
     arrived in the United States after transiting through at 
     least one country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--
       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgment denying the alien protection 
     in each country;
       ``(II) the alien demonstrates that he or she was a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which the trafficking included the recruitment, 
     harboring, transportation, provision, or obtaining of a 
     person for labor or services through the use of force, fraud, 
     or coercion for the purpose of subjection to involuntary 
     servitude, peonage, debt bondage, or slavery, and was unable 
     to apply for protection from persecution in each country 
     through which the alien transited en route to the United 
     States as a result of such severe form of trafficking; or
       ``(III) the only countries through which the alien 
     transited en route to the United States were, at the time of 
     the transit, not parties to the 1951 United Nations 
     Convention relating to the Status of Refugees, the 1967 
     Protocol Relating to the Status of Refugees, or the United 
     Nations Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment.''.
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