S.Amdt. 4103

SA 4103. Mr. LEAHY (for himself, Mr. Coleman, Mr. Lieberman, Mr. Kennedy, Mr. Chafee, Mr. Harkin, and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 65, line 24, strike “f” and insert the following;

(f) Terrorist Organizations.--

(1) Definitions.--Section 212(a)(3)(B)(vi) (8 U.S.C. 1182(a)(3)(B)(vi)) is amended by striking subclause (III) and inserting the following:

“(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv), and that these activities threaten the security of United States nationals or the national security of the United States.

“(vii) Applicability.--Clause (iv)(VI) shall not apply to--

“(I) any active or former member of the Armed Forces of the United States with regard to activities undertaken in the course of official military duties; or

“(II) any alien determined not to be a threat to the security of United Stales nationals or the national security of the United States and who is not otherwise inadmissible on security related grounds under this subparagraph.”.

(2) Temporary admission of non-immigrants.--Section 212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows:

“(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude in such Secretary's sole unreviewable discretion that subclause (IV)(bb), (VI), or (VII) of subsection (a)(3)(B)(i) shall not apply to an alien, that subsection (a)(3)(B)(iv)(VI) shall not apply with respect to any material support an alien afforded to an organization (or its members) or individual that has engage in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) shall not apply to a group, or to a subgroup of such group, within the scope of that subsection. The Secretary of State may not, however, exercise discretion under this clause with respect to an alien once removal proceedings against the alien are instituted under section 240.”.

(g)