S.Amdt. 1479

SA 1479. Mr. TUBERVILLE submitted an amendment intended to be
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application and serving as notice to the alien of
the consequence of filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is
amended by striking ``If the'' and all that follows and
inserting:
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received the notice under paragraph (4)(C), the alien shall
be permanently ineligible for any benefits under this
chapter, effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance that it is clear
that the applicant knowingly filed the application solely or
in part to delay removal from the United States, to seek
employment authorization as an applicant for asylum pursuant
to regulations issued pursuant to paragraph (2), or to seek
issuance of a Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b); or
``(ii) any of the material elements are knowingly
fabricated.
``(C) Sufficient opportunity to clarify.--In determining
that an application is frivolous, the Secretary or the
Attorney General, must be satisfied that the applicant,
during the course of the proceedings, has had sufficient
opportunity to clarify any discrepancies or implausible
aspects of the claim.
``(D) Withholding of removal not precluded.--For purposes
of this section, a finding that an alien filed a frivolous
asylum application shall not preclude the alien from seeking
withholding of removal under section 241(b)(3) or protection
pursuant to the Convention Against Torture.''.
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