Excludes any such alien from: (1) amnesty entry; or (2) visa waiver program entry.
Amends the Immigration and Nationality Act to: (1) expand, and make retroactive, terrorist activity-based grounds for deportation; (2) eliminate waiver authority respecting implementation of machine readable passports; and (3) require additional information from registered aliens (and increases the monetary penalty for failure to provide notice of address change).
Requires: (1) Federal border officials to inquire as to the country of birth of each person entering the United States; (2) that nonimmigrant entry visas indicate the alien's country of birth; and (3) periodic General Accounting Office reports respecting border security, alien tracking, Federal agency cooperation and reforms, and related matters.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4010 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4010
To provide for a temporary moratorium on visas for certain aliens, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2002
Mr. Weldon of Florida introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for a temporary moratorium on visas for certain aliens, 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 ``Terrorist Admission Prevention Act
of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States border security agencies are presently
overwhelmed with more than 400 million visits across our
borders each year and safeguards need to be put in place to
make our borders more secure.
(2) Current border entry and exit systems are woefully
inadequate and the provisions included in the USA PATRIOT Act
will greatly enhance the Nation's border security so that
Americans know with greater certainty who is entering and
exiting the United States.
(3) Most of the nineteen terrorists who hijacked planes and
attacked the United States on September 11, 2001, are believed
to have entered the United States with approved visas and had
not been identified by the Immigration and Naturalization
Service as being in violation of the terms of their visa.
(4) Afghanistan harbors terrorist organizations and is host
to Osama bin Laden and his al Qaeda terrorist network.
(5) Terrorist organizations are operating in Algeria,
Lebanon, Somalia, and the United Arab Emirates, and their
members pose a threat to the people of the United States.
(6) Terrorist organizations continue to secretly operate in
Egypt and six of the individuals on the Federal Bureau of
Investigation's most wanted terrorists list are Egyptians
wanted in connection with attacks on the United States.
(7) An Egyptian, Mohamed Atta, believed to be the organizer
of the September 11, 2001, attacks, was able to enter and exit
the United States several times prior to the attacks despite
being on our Nation's terrorist watch list.
(8) Nearly half of the nineteen terrorists who hijacked
planes on September 11, 2001, were citizens of Saudi Arabia and
entered the United States on approved visas.
(9) Most of the suspects in the June 25, 1996, bombing on
United States Air Force Khobar Towers barracks at Dhahran Air
Base in Saudi Arabia are citizens of Saudi Arabia.
(10) The United States Department of State has designated
Yemen a haven for terrorists and operatives of Osama bin Laden
operating in Yemen were responsible for the 1999 attack on the
USS Cole which killed 17 and injured 39 United States sailors.
SEC. 3. TEMPORARY MORATORIUM ON THE ISSUANCE OF CERTAIN ALIEN IMMIGRANT
AND NONIMMIGRANT VISAS.
(a) Terms of Moratorium.--
(1) In general.--Subject to the provisions of this section
and notwithstanding any other provision of law, during the
moratorium period no immigrant or nonimmigrant visa for
admission to the United States may be issued to an alien--
(A) who is a citizen or national of any country
listed under paragraph (2); or
(B) was born in any country listed under paragraph
(2).
(2) Countries.--
(A) The provisions of this section shall apply with
respect to the following countries:
(i) Afghanistan.
(ii) Algeria.
(iii) Egypt.
(iv) Lebanon.
(v) Saudi Arabia.
(vi) Somalia.
(vii) United Arab Emirates.
(viii) Yemen.
(ix) Any country designated as a state
sponsor of terrorism.
(B) For purposes of this section, the term ``state
sponsor of terrorism'' means a country the government
of which the Secretary of State has determined, under
section 620A(a) of the Foreign Assistance Act of 1961,
section 6(j)(1) of the Export Administration Act of
1979, or section 40(d) of the Arms Export Control Act,
to have repeatedly provided support for acts of
international terrorism.
(3) Limitation.--Paragraph (1) shall not apply to any
diplomatic visa.
(4) Multiple citizenship.--
(A) In general.--Paragraph (1) shall apply to any
alien who is described in such paragraph
notwithstanding that the alien is, or was during the
relevant period, simultaneously a citizen or national
of a country that is not listed under paragraph (2).
(B) Visa waiver program shall not apply.--Any alien
who is described in paragraph (1) shall be ineligible
for a waiver under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), regardless of whether
the alien is a national of, or presents a passport
issued by, a country described in subsection (a)(2) of
such section.
(b) Period of Moratorium.--The moratorium period referred to in
subsection (a) shall begin 5 days after the date of the enactment of
this Act and shall terminate 30 days after the certification under
subsection (c).
(c) Certification by Attorney General.--The certification referred
to in subsection (b) is a certification by the Attorney General to the
Congress that--
(1) subsections (b) and (c) of section 403 of Public Law
107-56 have been fully implemented; and
(2) a system is in place that requires that all visas
issued to aliens who are subject to the moratorium contain
biometric data, are tamper-proof, and are machine-readable; and
(3) the systems described in sections 414(a) and 416(a) of
Public Law 107-56 have been fully implemented.
(d) Exceptions Granted by Attorney General.--
(1) In general.--Subject to paragraph (2), the Attorney
General may waive the limitations of subsection (a) in the case
of any alien if the Attorney General determines that the
admission to the United States of such alien is in the national
interest of the United States or in the interest of family
unity and if the refusal of admission of such alien would
result in exceptional and extremely unusual hardship to the
alien's spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for permanent
residence.
(2) Restrictions.--
(A) The waiver authority of the Attorney General
under this subsection may be delegated only to the
Commissioner of the Immigration and Naturalization
Service.
(B) The waiver authority under this subsection may
be exercised with respect to the admission of not more
than 100 aliens from each country under subsection
(a)(2) for each fiscal year.
SEC. 4. EXPANSION OF TERRORIST ACTIVITIES FOR PURPOSES OF DEPORTATION.
(a) Amendment to INA.--Section 237(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``as
defined in section 212(a)(3)(B)(iii))'' and inserting ``as described
under section 212(a)(3)(B))''.
(b) Retroactive Application of Amendment.--The amendments made by
this section shall take effect on the date of the enactment of this Act
and shall apply to--
(1) all actions taken by an alien before, on, or after such
date; and
(2) all aliens, without regard to the date of entry or
attempted entry into the United States in removal proceedings
on or after such date (except for proceedings in which there
has been a final administrative decision before such date).
SEC. 5. INQUIRY REGARDING COUNTRY OF BIRTH AT POINT OF ENTRY.
(a) Inquiry by Border Officials.--The Attorney General shall
require by regulation that Federal border officials inquire of each
individual entering the United States as to the individual's country of
birth.
(b) Visa Requirement.--The Attorney General shall require, by
regulation, that all nonimmigrant visas for entry into the United
States indicate the country of birth of the alien.
SEC. 6. ELIMINATING WAIVER AUTHORITY RELATING TO IMPLEMENTATION OF
MACHINE READABLE PASSPORTS.
Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1187(a)(3)), as amended by Public Law 107-56) is amended by striking
subparagraph (B).
SEC. 7. GENERAL ACCOUNTING OFFICE STUDY.
Not later than 6 months after the date of the enactment of this Act
and every 6 months thereafter, the General Accounting Office shall
submit to the Congress a report, in classified and unclassified format,
which evaluates the status of the following:
(1) The reforms taken within the Immigration and
Naturalization Service to safeguard the borders of the United
States.
(2) The ability of the Federal Government to prevent
terrorists from entering the United States.
(3) The ability of the Federal Government to locate and
monitor the travel of aliens in the United States.
(4) The degree of cooperation among the Federal Bureau of
Investigation, the Immigration and Naturalization Service, the
intelligence agencies, and other Federal, State, and local law
enforcement officials.
(5) The background check process for aliens seeking visas
for admission to the United States.
(6) The implementation of other measures to safeguard the
borders of the United States and improve visa background
checks.
(7) The effectiveness of the border security in the United
States.
SEC. 8. PROHIBITION RELATING TO IMMIGRATION AMNESTY.
Notwithstanding section 245(i) of the Immigration and Nationality
Act or any other provision of law, no alien who is a citizen or
national of, or was born in, any country listed under section 3(a)(2)
of this Act shall be eligible for relief under section 245(i) of the
Immigration and Nationality Act.
SEC. 9. ADDITIONAL INFORMATION REQUIRED OF REGISTERED ALIENS.
(a) Additional Information.--Section 265 of the Immigration and
Nationality Act (8 U.S.C. 1305) is amended by adding at the end the
following new subsection:
``(d) In addition to such other information as the Attorney General
may by regulation require under subsection (a), the Attorney General
shall require by regulation that aliens required to be registered under
this title annually notify the Attorney General, in the manner
prescribed by the Attorney General, which shall include electronic
means, of the following information: address, telephone number,
employer, employer address and telephone number, educational
institution, name and address of visa sponsor, marital status, and
birth of child. Aliens shall be required to notify the Attorney General
not more than 30 days after any change in such information.''.
(b) Penalties.--Section 266(b) of the Immigration and Nationality
Act (8 U.S.C. 1306(b)) is amended by striking ``$200'' and inserting
``$500''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
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