S.Amdt. 5454

1. Adds SEC. __. IMMIGRANT REPATRIATION wherever appropriate

   Adds a section

   Inserted: SEC. __. IMMIGRANT REPATRIATION.

   Inserted: (a) Short Title.--This section may be cited as the "Accountability in Immigrant Repatriation Act".

   Inserted: (b) 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--

   Inserted: (1) by redesignating section 135, as added by section 5(a) of Public Law 109-121, as section 136; and

   Inserted: (2) by adding at the end the following:

   Inserted: "SEC. 137. 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.

   Inserted: "(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--

   Inserted: "(1) is a citizen, subject, national, or resident of such country; and

   Inserted: "(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.).

   Inserted: "(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 after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request.

   Inserted: "(c) Quarterly Reports.--Not later than 90 days after the date of the enactment of this section, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Senate and to the House of Representatives that--

   Inserted: "(1) lists all the countries which refuse or unreasonably delay repatriation (as defined in subsection (b)); and

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   Inserted: "(2) includes the total number of aliens who were refused repatriation, organized by--

   Inserted: "(A) country;

   Inserted: "(B) detention status; and

   Inserted: "(C) criminal status.

   Inserted: "(d) Issuance of Travel Documents.--Any country that is listed in a report submitted under subsection (c) 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--

   Inserted: "(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

   Inserted: "(2) not later than 200 days after the submission of such report on behalf of all other aliens described in subsection (a).

   Inserted: "(e) Waiver.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (c) 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:

   Inserted: "(d) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Aliens.--

   Inserted: "(1) In general.--If a country is listed on the most recent report submitted by the Secretary of Homeland Security to Congress under section 137(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--

   Inserted: "(A) the country is in full compliance with section 137(d) of such Act; or

   Inserted: "(B) Congress passes a joint resolution providing for the waiver of this subsection with respect to such country.

   Inserted: "(2) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void.

   Inserted: "(3) Waiver.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(4) Standing.--A victim or an immediate family member of a victim of a crime committed by any alien described in section 137(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.".

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   Original wording

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As printed