[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2720 Placed on Calendar Senate (PCS)]
Calendar No. 605
110th CONGRESS
2d Session
S. 2720
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2008
Mr. Specter introduced the following bill; which was read the first
time
March 6, 2008
Read the second time and placed on the calendar
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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:
``SEC. 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.''.
SEC. 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.''.
Calendar No. 605
110th CONGRESS
2d Session
S. 2720
_______________________________________________________________________
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.
_______________________________________________________________________
March 6, 2008
Read the second time and placed on the calendar