S.Amdt. 2947

SA 2947. Mr. KIRK (for himself, Mrs. Capito, and Mr. Inhofe)
submitted an amendment intended to be proposed by him to the bill H.R.
4038, to require that supplemental certifications and background
investigations be completed prior to the admission of certain aliens as
refugees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 2, line 14, insert ``, and has provided support to
any foreign terrorist organization, which may include
publishing or otherwise engaging in social media to promote
or otherwise support a foreign terrorist organization''
before the period at the end.
Beginning on page 3, strike line 15 and all that follows
through page 5, line 2, and insert the following:

SEC. 3. INADMISSIBILITY FOR USE OF SOCIAL MEDIA TO PROMOTE
TERRORISM.

(a) In General.--Section 212(a)(3)(B)(i)(VII) of the
Immigration and

[[Page S136]]

Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VII)) is amended
by inserting ``, including through the use of social media''
before the semicolon at the end.
(b) Rulemaking.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
issue regulations, in accordance with section 553 of title 5,
United States Code, to ensure that every covered alien who
has violated section 212(a)(3)(B)(i)(VII) of such Act (8
U.S.C. 1182(a)(3)(B)(i)(VII))--
(1) does not receive an immigrant visa under section 203 of
the Immigration and Nationality Act (8 U.S.C. 1153); and
(2) does not have his or her status adjusted to that of an
alien lawfully admitted for permanent residence under section
245 of such Act (8 U.S.C. 1155).
(c) Effective Date.--The regulations issued under
subsection (b) shall take effect on the date that is 30 days
after the date on which such regulations are published in the
Federal Register.

SEC. 4. DEFINITIONS.

(a) In General.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Foreign Relations of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence of the
House of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Homeland Security of the House of
Representatives;
(K) the Committee on Foreign Affairs of the House of
Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
(2) Covered alien.--The term ``covered alien'' means any
alien who--
(A)(i) is applying for admission to the United States as a
refugee; and
(ii) is a national or resident of Iraq or Syria;
(iii) has no known nationality and whose last habitual
residence was in Iraq or in Syria; or
(iv) has been present in Iraq or in Syria at any time on or
after March 1, 2011.
(B) is not a citizen of Iraq who--
(i) is or was employed by or on behalf of the United States
Government in Iraq on or after March 20, 2003, for not less
than 1 year; and
(ii) provided faithful and valuable service to the United
States Government, which is documented in a positive
recommendation or evaluation described in subsection (c),
from the employer's senior supervisor in the United States
Government or from a more senior person if the employee's
senior supervisor cannot be located;
(C) is not the spouse or child of an alien described in
subparagraph (B); and
(D) is not an infant child without living parents who is
younger than 4 years of age, as certified under procedures
promulgated by the Secretary of State under subsection (b).
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' is a foreign organization that is
designated as a foreign terrorist organization by the
Secretary of State in accordance with section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)).
(b) Certification.--
(1) In general.--The Secretary of State shall issue
regulations establishing procedures for certifying that an
alien is an alien child without living parents who is younger
than 4 years of age, as described in subsection (a)(2)(D).
(2) Submission.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall
submit the regulations issued under paragraph (1) to the
appropriate congressional committees.
(3) Implementation.--Not earlier than 90 days after the
submission of regulations under paragraph (2), the Secretary
of State shall implement the regulations issued under
paragraph (1).
(c) Approval by Chief of Mission Required.--Each
recommendation or evaluation required under subsection
(a)(2)(B)(ii)) shall be accompanied by approval from the
appropriate Chief of Mission, or his or her designee, who
shall conduct a risk assessment of the alien and an
independent review of records maintained by the United States
Government or hiring organization or entity to confirm the
alien's employment and faithful and valuable service to the
United States Government before the alien is exempted from
definition of covered alien under subsection (a)(2)(B).
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