[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5918 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5918

  To amend the Immigration and Nationality Act to protect vulnerable 
                      refugees and asylum seekers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

Mr. Pitts (for himself, Mr. Lantos, Mr. Pence, Mr. Smith of New Jersey, 
   Mr. Souder, Mr. McGovern, Mr. Honda, Mr. Wamp, Mr. McCotter, Mr. 
  Boehlert, Mr. Payne, and Mr. Rohrabacher) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to protect vulnerable 
                      refugees and asylum seekers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Combating terrorism and promoting freedom from tyranny 
        are inseparable national security priorities of the United 
        States.
            (2) Many enemies of freedom, whether state or non-state 
        actors, persecute individuals and groups who stand up for 
        democracy's ideals.
            (3) Providing protection for victims of oppression and 
        terror is a foreign policy objective of the United States.
            (4) The Presidential determination to admit a specified 
        number of refugees to the United States each year is a 
        humanitarian act of compassion in keeping with these important 
        principles.
            (5) In fiscal year 2006, an estimated 10,000 to 15,000 
        vulnerable refugees who would otherwise be admitted will be 
        denied entry because of the unintended consequences of 
        overbroad bars on admission.
            (6) Those individuals denied admission to the United States 
        include victims of terrorism who are being barred because they 
        were forced under threat of death or serious bodily injury to 
        provide support, such as food, water, or shelter, to armed 
        rebels.
            (7) Other individuals are barred due to their membership in 
        or support of groups that have sided with the United States in 
        opposing repressive regimes.
            (8) Current law defines terrorist organization so broadly 
        that even the United States military is defined as a terrorist 
        organization any time it enters another country uninvited.
            (9) Victims of terrorism and members of groups that the 
        United States supports and that support the United States 
        should not be labeled ``terrorists'' and denied entry to the 
        United States.

SEC. 2. PROTECTING GROUPS THAT SUPPORT THE UNITED STATES OR THAT THE 
              UNITED STATES SUPPORTS FROM BEING LABELED ``TERRORIST''.

    (a) In General.--Section 212(a)(3)(B)(vi)(III) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III)) is amended by 
inserting before the period at the end the following: ``and whose 
activities threaten the security of United States nationals or the 
national security of the United States (as is defined under section 
219(d)), as determined by the Secretary of State, independently or upon 
the request of the Attorney General or the Secretary of Homeland 
Security''.
    (b) Savings Clause.--The failure of the Secretary of State to 
determine that a group threatens the security of United States 
nationals or the national security of the United States shall not in 
any way affect the application of any of the other security and 
terrorism-related bars on admission to any of the group's members.

SEC. 3. UNDUE COERCION AND DURESS EXCEPTION TO MATERIAL SUPPORT 
              PROVISION.

    Section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is amended, in the matter preceding 
item (aa), by inserting ``(other than as the result of undue coercion 
or duress)'' after ``to commit an act''.
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