S.Amdt. 1391
What it does: Rewrites section 3409
Sen. Susan M. Collins (R-ME)What it changes
1 change to S. 744 · shown in the bill's text
Rewrites section 3409
ReplacesIn S. 744 · Reported to Senate
SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.
(a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended by adding at the end the following: "No alien shall be admitted as a refugee until the identity of the applicant, including biographic and biometric data, has been checked against all appropriate records or databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, [inserted: the National Counterterrorism Center, ]and other Federal records or databases that the Secretary of Homeland Security considers necessary, to determine any national security, law enforcement, or other grounds on which the alien may be inadmissible to the United States or ineligible to apply for or be granted refugee status.".
(b) Asylees.--Section 208(d)(5)(A)
[struck: (i)](8 U.S.C. 1158(d)(5)(A)[struck: (i])[struck: )]is amended[struck: to read as follows:][inserted: --]Struck: "(i) asylum shall not be granted until the identity of the applicant, using biographic and biometric data, has been checked against all appropriate records or databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, and other Federal records or databases that the Secretary of Homeland Security considers necessary, to determine any national security, law enforcement, or other grounds on which the alien may be inadmissible to the United States or ineligible to apply for or be granted asylum;".
Inserted: (1) by amending clause (i) to read as follows:
Inserted: "(i) asylum shall not be granted--
Inserted: "(I) until the identity of the applicant, using biographic and biometric data, has been checked against all appropriate records or databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, the National Counterterrorism Center, and other Federal records or databases that the Secretary of Homeland Security considers necessary, to determine any national security, law enforcement, or other grounds on which the alien may be inadmissible to the United States or ineligible to apply for or be granted asylum; and
Inserted: "(II) any information related to the applicant in such a record or database supports the applicant's eligibility for asylum;";
Inserted: (2) in clause (iv), by striking "and" at the end;
Inserted: (3) in clause (v), by striking the period at the end and inserting a semicolon and "and"; and
Inserted: (4) by adding at the end the following:
Inserted: "(vi) asylum shall not be granted unless, notwithstanding any derogatory information, the applicant has met the burden of proof contained in subsection (b)(1)(B).".
Original wording
Strike section 3409 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1391. Ms. COLLINS submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Strike section 3409 and insert the following:
SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.
(a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended by adding at the end the following: “No alien shall be admitted as a refugee until the identity of the applicant, including biographic and biometric data, has been checked against all appropriate records or databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, the National Counterterrorism Center, and other Federal records or databases that the Secretary of Homeland Security considers necessary, to determine any national security, law enforcement, or other grounds on which the alien may be inadmissible to the United States or ineligible to apply for or be granted refugee status.”.
(b) Asylees.--Section 208(d)(5)(A) (8 U.S.C. 1158(d)(5)(A)) is amended--
(1) by amending clause (i) to read as follows:
“(i) asylum shall not be granted--
“(I) until the identity of the applicant, using biographic and biometric data, has been checked against all appropriate records or databases maintained by the Secretary of Homeland Security, the Attorney General, the Secretary of State, the National Counterterrorism Center, and other Federal records or databases that the Secretary of Homeland Security considers necessary, to determine any national security, law enforcement, or other grounds on which the alien may be inadmissible to the United States or ineligible to apply for or be granted asylum; and
“(II) any information related to the applicant in such a record or database supports the applicant's eligibility for asylum;”;
(2) in clause (iv), by striking “and” at the end;
(3) in clause (v), by striking the period at the end and inserting a semicolon and “and”; and
(4) by adding at the end the following:
“(vi) asylum shall not be granted unless, notwithstanding any derogatory information, the applicant has met the burden of proof contained in subsection (b)(1)(B).”.
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Senate amendment submitted
June 19, 2013