[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4797-S4798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2469. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST OR 
                   OTHER TOTALITARIAN PARTY.

       Section 208(b)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (v), by striking ``or'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(vii) the alien is described in section 212(a)(3)(D)(i), 
     except as provided in subparagraph (B)(iii).''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(iii) Exception to party membership.--

       ``(I) In general.--Notwithstanding subparagraph (A)(vii), 
     an alien who is described in section 212(a)(3)(D)(i) may be 
     granted asylum pursuant to paragraph (1) if--

       ``(aa) the alien--
       ``(AA) has, before applying for asylum and through a 
     service approved by the Federal Government, publicly 
     renounced his or her membership in the Communist or 
     totalitarian party of which the alien was a member or with 
     which the alien was affiliated and denounces such party 
     during the asylum adjudication process; and
       ``(BB) establishes, to the satisfaction of the Attorney 
     General or the Secretary of Homeland Security, that the 
     membership or affiliation of the alien with a Communist or 
     totalitarian party is or was involuntary, limited to a period 
     when the alien was younger than 16 years of age, automatic, 
     by operation of law, without the alien's personal 
     acquiescence, or solely for the purpose of obtaining 
     employment, food rations, or other living essentials; and
       ``(bb) the Attorney General or the Secretary of Homeland 
     Security, in consultation with the Director of National 
     Intelligence, determines that the alien is not a danger to 
     the security of the United States.
       ``(iv) Waiver.--

       ``(I) In general.--In the case of an alien described in 
     section 212(a)(3)(D)(i) who is not eligible for asylum under 
     clause (iii), the Attorney General or the Secretary of 
     Homeland Security may waive the application of such section 
     if the Attorney General or the Secretary, in consultation 
     with the Director of National Intelligence, determines that 
     such alien has significant information relating to national 
     security.
       ``(II) Conditions.--An alien may only be granted a waiver 
     under this clause if--

[[Page S4798]]

       ``(aa) the alien, through a service approved by the Federal 
     Government, publicly renounces his or her membership in the 
     Communist or totalitarian party of which the alien was a 
     member or with which the alien was affiliated and denounces 
     such party during the asylum adjudication process; and
       ``(bb) the Attorney General or the Secretary of Homeland 
     Security, in consultation with the Director of National 
     Intelligence, determines that the alien is not a danger to 
     the security of the United States.''.
                                 ______