[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4441 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4441

 To amend the Immigration and Nationality Act to bar the admission of 
aliens from countries determined to be state sponsors of terrorism, to 
  prohibit the use of funds to transfer enemy combatants detained at 
   Naval Station, Guantanamo Bay, Cuba, to facilities in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2010

Mr. Barrett of South Carolina introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committee on Armed Services, 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 amend the Immigration and Nationality Act to bar the admission of 
aliens from countries determined to be state sponsors of terrorism, to 
  prohibit the use of funds to transfer enemy combatants detained at 
   Naval Station, Guantanamo Bay, Cuba, to facilities in the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Terrorist Entry Program Act of 
2010''.

SEC. 2. TREATMENT OF NATIONALS OF STATE SPONSORS OF TERRORISM.

    (a) In General.--
            (1) Amendment.--Chapter 9 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
        adding at the end the following new section:

        ``treatment of nationals of state sponsors of terrorism

    ``Sec. 295.  (a) In General.--No nonimmigrant or immigrant visa may 
be issued, or nonimmigrant or immigrant status otherwise provided, 
other than a visa or status described in section 101(a)(15)(A) or 
201(b)(2)(A)(i), to any alien who is a national of, or residing in, a 
country that is determined to be a state sponsor of terrorism, except 
the Secretary of Homeland Security (or the consular officer, in the 
case of an application for a visa) may, on a case-by-case basis, waive 
the application of this subsection in the case of an alien who--
            ``(1) requires examination or treatment for an emergency 
        medical condition (as defined in section 562(d) of the Illegal 
        Immigration Reform and Immigration Responsibility Act of 1996 
        (8 U.S.C. 1396(d))); or
            ``(2) is eligible for admission as a refugee under section 
        207 or for asylum under section 208.
    ``(b) State Sponsor of Terrorism Defined.--
            ``(1) In general.--In this section, the term `state sponsor 
        of terrorism' means any country the government of which has 
        been determined by the Secretary of State under any of the laws 
        specified in paragraph (2) to have repeatedly provided support 
        for acts of terrorism. Such term shall apply to a country 
        beginning on the date on which such determination takes effect 
        and ending on the date on which such determination is 
        withdrawn, terminated, revoked, or otherwise ceases to be 
        effective.
            ``(2) Laws under which determinations were made.--The laws 
        specified in this paragraph are the following:
                    ``(A) Section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (or successor statute).
                    ``(B) Section 40(d) of the Arms Export Control Act.
                    ``(C) Section 620A(a) of the Foreign Assistance Act 
                of 1961.
            ``(3) Treatment of yemen.--
                    ``(A) In general.--For purposes of subsection (a) 
                and paragraph (1), Yemen shall be treated as a country 
                that has been determined to be a state sponsor of 
                terrorism.
                    ``(B) Termination.--The treatment of Yemen under 
                subparagraph (A) shall remain in effect until the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, terminates such treatment 
                upon--
                            ``(i) determining that Yemen has 
                        sufficiently addressed terrorism issues within 
                        its borders and that the issuance of visas to 
                        aliens who are nationals of, or residing in, 
                        Yemen no longer poses a significant threat to 
                        the security of the United States; and
                            ``(ii) submitting to the Congress a report 
                        that contains the reasons for such 
                        determination not later than 30 days after the 
                        determination is made.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 294 the following:

``Sec. 295. Treatment of nationals of state sponsors of terrorism.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visas issued, or status provided, on and after 
        such date.
    (b) Repeal.--Section 306 of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (Public Law 107-173) is repealed.

SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER ENEMY COMBATANTS 
              DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA, TO 
              FACILITIES IN THE UNITED STATES.

    None of the funds appropriated or otherwise made available to any 
Federal department or agency may be used to--
            (1) transfer any enemy combatant detained by the United 
        States at Naval Station, Guantanamo Bay, Cuba, to any military 
        or prison installation located in the United States; or
            (2) build, modify, or enhance any facility in the United 
        States for the purpose of housing any such enemy combatant.
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