110 HR 5761 IH: To withhold Federal financial assistance from each U.S. House of Representatives 2008-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5761 IN THE HOUSE OF REPRESENTATIVES April 10, 2008 Mr. Castle (for himself and Mr. Dent) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To withhold Federal financial assistance from each country that denies or unreasonably delays the acceptance of nationals of such country who have been ordered removed from the United States and to prohibit the issuance of visas to nationals of such country.

1.

Prohibition on Federal financial assistance to countries that deny or unreasonably delay the acceptance of nationals who have been ordered removed from the United States

Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following:

136.

Prohibition on Federal financial assistance to countries that deny or unreasonably delay the repatriation of nationals who have been ordered removed from the United States

(a)

In General

Except as otherwise provided under this section, funds made available under this Act may not be dispersed to a foreign country that refuses or unreasonably delays the acceptance of an alien who— (1)is a citizen, subject, national, or resident of such country; and (2)has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.). (b)

Defined Term

In this section and in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)), a country is deemed to have refused or unreasonable delayed the acceptance of an alien who is a citizen, subject, national, or resident if the country does not accept the alien within 90 days of receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request. (c)

Quarterly Reports

Not later than 90 days after the date of enactment of this section, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Senate and the House of Representatives that— (1)lists all the countries which refuse or unreasonably delay repatriation (as defined in subsection (b)); and (2)includes the total number of aliens who were refused repatriation, organized by— (A)country; (B)detention status; and (C)criminal status. (d)

Issuance of Travel Documents

If a country is listed in a report submitted under subsection (c), the country shall be subject to the sanctions described in subsection (a) and in section 243(d) of the Immigration and Nationality Act unless the country issues appropriate travel documents— (1)not later than 100 days after the submission of such report on behalf of all aliens described in subsection (a) who have been convicted of a crime committed while in the United States; and (2)not later than 200 days after the submission of such report on behalf of all other aliens described in subsection (a). (e)

Waiver

(1)

Request

The President or a member of the President’s cabinet who has been designated by the President, may submit a written request to Congress that this section be waived, wholly or in part, with respect to any country. (2)

Resolution of approval

Not later than 7 legislative days after the receipt of a waiver request under paragraph (1), the Senate and the House of Representatives shall vote on a joint resolution authorizing the waiver request. (3)

Effect of failure to vote

If the Senate or the House of Representatives fails to vote on the joint resolution described in paragraph (2) before the end of the time period specified in paragraph (2), the waiver request is effectively denied. (f)

Standing

A victim or an immediate family member of a victim of a crime committed by any alien described in subsection (a) after such alien has been issued a final order of removal shall have standing to sue in any Federal district court to enforce the provisions of this section and the provisions of section 243(d) of the Immigration and Nationality Act. No attorney’s fees or monetary judgments may be awarded in a suit filed under this subsection.

.

2.

Discontinuing granting visas to nationals of country denying or delaying accepting aliens

Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended to read as follows: (d)

Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Aliens

(1)

In general

If a country is listed on the most recent report submitted by the Secretary of Homeland Security to Congress under section 136(c) of the Foreign Assistance Act of 1961, the Secretary may not issue a visa to a subject, national, or resident of such country unless— (A)the country is in full compliance with section 136(d) of such Act; or (B)Congress passes a joint resolution providing for the waiver of this subsection with respect to such country. (2)

Effect of unauthorized issuance

Any visa issued in violation of this paragraph shall be null and void. (3)

Waiver

(A)

Request

The President or a member of the President’s cabinet who has been designated by the President, may submit a written request to Congress that this subsection be waived, wholly or in part, with respect to any country. (B)

Resolution of Approval

Not later than 7 legislative days after the receipt of a request described in subparagraph (A), the Senate and the House of Representatives shall vote on a joint resolution authorizing the waiver request. (C)

Effect of failure to vote

If the Senate or the House of Representatives fails to vote on the joint resolution described in subparagraph (B), the waiver request is effectively denied. (4)

Standing

A victim or an immediate family member of a victim of a crime committed by any alien described in section 136(a) of the Foreign Assistance Act of 1961 after such alien has been issued a final order of removal shall have standing to sue in any Federal district court to enforce the provisions of this subsection. No attorney’s fees or monetary judgments may be awarded in a suit filed under this subsection. .