To amend section 212 of the Immigration and Nationality Act regarding restrictions on the admission of aliens.

SA 4117. Mr. LEAHY (for himself, Mr. Coleman, Mr. Lieberman, Mr.
Kennedy, Mr. Chafee, Mr. Harkin, Mr. Bingaman, and Mr. Sununu)
submitted an amendment intended to be proposed by him to the bill S.
2611, to provide for comprehensive immigration reform and for other
purposes; 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 the Secretary of State,
in consultation with or upon the request of the Attorney
General or the Secretary of Homeland Security, has determined
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 States 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 engaged 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)
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