S.Amdt. 2005

SA 2005. Mrs. SHAHEEN (for herself, Mr. Leahy, and Ms. Hassan)
submitted an amendment intended to be proposed by her to the bill H.R.
2579, to amend the Internal Revenue Code of 1986 to allow the premium
tax credit with respect to unsubsidized COBRA continuation coverage;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ELIMINATION OF ONE-YEAR FILING DEADLINE FOR ASYLUM
APPLICATIONS.

Section 208(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' both places
the term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following new subparagraphs:
``(C) Changed circumstances.--Notwithstanding subparagraph
(B), an application for asylum of an alien may be considered
if the alien demonstrates, to the satisfaction of the
Attorney General or the Secretary of Homeland Security, the
existence of changed circumstances that materially affect the
applicant's eligibility for asylum.

[[Page S1117]]

``(D) Motion to reopen certain meritorious claims.--
Notwithstanding subparagraph (B) or section 240(c)(7), an
alien may file a motion to reopen an asylum claim if the
alien--
``(i) was denied asylum based solely upon a failure to meet
the 1-year application filing deadline in effect on the date
on which the application was filed;
``(ii) was granted withholding of removal pursuant to
section 241(b)(3) and has not obtained lawful permanent
residence in the United States pursuant to any other
provision of law;
``(iii) is not subject to the safe third country exception
under subparagraph (A) or a bar to asylum under subsection
(b)(2) and should not be denied asylum as a matter of
discretion; and
``(iv) is physically present in the United States when the
motion is filed.''.
______