S.Amdt. 2421
What it does: Adds SEC. 1082. TREATMENT OF THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND NATIONALITY ACT at the end of subtitle H of title XWhat it changes
1 change to S. 1197 · shown in the bill's text
Adds SEC. 1082. TREATMENT OF THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND NATIONALITY ACT at the end of subtitle H of title X
Adds a sectionIn S. 1197 · Placed on Calendar Senate
(e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".
Inserted: SEC. 1082. TREATMENT OF THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND NATIONALITY ACT.
Inserted: (a) Exemption of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan From Treatment as Terrorist Organizations.--
Inserted: (1) In general.--Except as provided in paragraph (2) and for purposes of section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall not be considered to be terrorist organizations as defined in clause (vi)(III) of such section.
Inserted: (2) Exception.--The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend application of paragraph (1) for the Kurdistan Democratic Party or the Patriotic Union of Kurdistan in such Secretary's sole and unreviewable discretion.
Inserted: (b) Relief Regarding Admissibility of Nonimmigrant Aliens Associated With the Kurdistan Democratic Party and the Patriotic Union of Kurdistan.--
Inserted: (1) In general.--Subject to paragraph (2), section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien who is applying for a nonimmigrant visa, if the alien presents himself or herself for inspection to an immigration officer at a port of entry as a nonimmigrant or is applying in the United States for nonimmigrant status, with respect to the alien's activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan, unless a consular officer or the Secretary of Homeland Security knows, or has reasonable grounds to believe, that the alien poses a threat to the safety and security of the United States or otherwise believes, in his or her discretion, that the alien does not warrant a visa, admission to the United States, or a grant of nonimmigrant status in the totality of the circumstances.
Inserted: (2) Exception.--The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend application of paragraph (1) in such Secretary's sole and unreviewable discretion.
Inserted: (3) Consultation.--The Secretary of State and the Secretary of Homeland Security shall implement this subsection in consultation with the Attorney General.
Inserted: (4) Construction.--Nothing in this subsection may be construed to alter an alien's burden of demonstrating admissibility under the immigration laws.
Inserted: (c) Prohibition on Judicial Review.--Notwithstanding any other provision of law, including statutory or non-statutory law, section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review any determination made pursuant to this section.
Original wording
At the end of subtitle H of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2421. Mr. McCAIN (for himself, Mr. Casey, Mr. Blunt, Mr. Flake, and Mr. Corker) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 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. 1082. TREATMENT OF THE KURDISTAN DEMOCRATIC PARTY AND THE PATRIOTIC UNION OF KURDISTAN UNDER THE IMMIGRATION AND NATIONALITY ACT.
(a) Exemption of the Kurdistan Democratic Party and the Patriotic Union of Kurdistan From Treatment as Terrorist Organizations.--
(1) In general.--Except as provided in paragraph (2) and for purposes of section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Kurdistan Democratic Party and the Patriotic Union of Kurdistan shall not be considered to be terrorist organizations as defined in clause (vi)(III) of such section.
(2) Exception.--The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend application of paragraph (1) for the Kurdistan Democratic Party or the Patriotic Union of Kurdistan in such Secretary's sole and unreviewable discretion.
(b) Relief Regarding Admissibility of Nonimmigrant Aliens Associated With the Kurdistan Democratic Party and the Patriotic Union of Kurdistan.--
(1) In general.--Subject to paragraph (2), section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien who is applying for a nonimmigrant visa, if the alien presents himself or herself for inspection to an immigration officer at a port of entry as a nonimmigrant or is applying in the United States for nonimmigrant status, with respect to the alien's activities undertaken in association with the Kurdistan Democratic Party or the Patriotic Union of Kurdistan, unless a consular officer or the Secretary of Homeland Security knows, or has reasonable grounds to believe, that the alien poses a threat to the safety and security of the United States or otherwise believes, in his or her discretion, that the alien does not warrant a visa, admission to the United States, or a grant of nonimmigrant status in the totality of the circumstances.
(2) Exception.--The Secretary of State, after consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may suspend application of paragraph (1) in such Secretary's sole and unreviewable discretion.
(3) Consultation.--The Secretary of State and the Secretary of Homeland Security shall implement this subsection in consultation with the Attorney General.
(4) Construction.--Nothing in this subsection may be construed to alter an alien's burden of demonstrating admissibility under the immigration laws.
(c) Prohibition on Judicial Review.--Notwithstanding any other provision of law, including statutory or non-statutory law, section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review any determination made pursuant to this section.
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Senate amendment submitted
November 20, 2013