I 111th CONGRESS 2d Session H. R. 4441 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.
1.
Short title
This Act may be cited as the Stop Terrorist Entry Program Act of 2010.
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:
295.
Treatment of nationals of state sponsors of terrorism
(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beginning on the date on which such determination takes effect and ending on the date on which such determination is withdrawn, terminated, revoked, or otherwise ceases to be effective.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.
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.