I 

110TH CONGRESS 

2D SESSION H. R. 5761 

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 HOUSE OF REPRESENTATIVES 

APRIL 10, 2008 

Mr. CASTLE (for himself and Mr. DENT) introduced the following bill; which 

was referred to the Committee on Foreign Affairs, and in addition to the 

Committees on the Judiciary and Rules, 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PROHIBITION ON FEDERAL FINANCIAL ASSIST2 ANCE TO COUNTRIES THAT DENY OR UNREA3 SONABLY DELAY THE ACCEPTANCE OF NA4 TIONALS WHO HAVE BEEN ORDERED RE5 MOVED FROM THE UNITED STATES. 

6 Chapter 1 of part I of the Foreign Assistance Act 

7 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 136. PROHIBITION ON FEDERAL FINANCIAL ASSIST10 ANCE TO COUNTRIES THAT DENY OR UNREA11 SONABLY DELAY THE REPATRIATION OF NA12 TIONALS WHO HAVE BEEN ORDERED RE13 MOVED FROM THE UNITED STATES. 

14 ‘‘(a) IN GENERAL.—Except as otherwise provided 

15 under this section, funds made available under this Act 

16 may not be dispersed to a foreign country that refuses 

17 or unreasonably delays the acceptance of an alien who— 

18 ‘‘(1) is a citizen, subject, national, or resident 

19 of such country; and 

20 ‘‘(2) has received a final order of removal under 

21 chapter 4 of title II of the Immigration and Nation22 ality Act (8 U.S.C. 1221 et seq.). 

23 ‘‘(b) DEFINED TERM.—In this section and in section 

24 243(d) of the Immigration and Nationality Act (8 U.S.C. 

25 1253(d)), a country is deemed to have refused or unrea26 sonable delayed the acceptance of an alien who is a citizen, 


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1 subject, national, or resident if the country does not accept 

2 the alien within 90 days of receiving a request to repa3 triate such alien from an official of the United States who 

4 is authorized to make such a request. 

5 ‘‘(c) QUARTERLY REPORTS.—Not later than 90 days 

6 after the date of enactment of this section, and every 3 

7 months thereafter, the Secretary of Homeland Security 

8 shall submit a report to the Senate and the House of Rep9 resentatives that— 

10 ‘‘(1) lists all the countries which refuse or un11 reasonably delay repatriation (as defined in sub12 section (b)); and 

13 ‘‘(2) includes the total number of aliens who 

14 were refused repatriation, organized by— 

15 ‘‘(A) country; 

16 ‘‘(B) detention status; and 

17 ‘‘(C) criminal status. 

18 ‘‘(d) ISSUANCE OF TRAVEL DOCUMENTS.—If a coun19 try is listed in a report submitted under subsection (c), 

20 the country shall be subject to the sanctions described in 

21 subsection (a) and in section 243(d) of the Immigration 

22 and Nationality Act unless the country issues appropriate 

23 travel documents— 

24 ‘‘(1) not later than 100 days after the submis25 sion of such report on behalf of all aliens described 


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1 in subsection (a) who have been convicted of a crime 

2 committed while in the United States; and 

3 ‘‘(2) not later than 200 days after the submis4 sion of such report on behalf of all other aliens de5 scribed in subsection (a). 

6 ‘‘(e) WAIVER.— 

7 ‘‘(1) REQUEST.—The President or a member of 

8 the President’s cabinet who has been designated by 

9 the President, may submit a written request to Con10 gress that this section be waived, wholly or in part, 

11 with respect to any country. 

12 ‘‘(2) RESOLUTION OF APPROVAL.—Not later 

13 than 7 legislative days after the receipt of a waiver 

14 request under paragraph (1), the Senate and the 

15 House of Representatives shall vote on a joint reso16 lution authorizing the waiver request. 

17 ‘‘(3) EFFECT OF FAILURE TO VOTE.—If the 

18 Senate or the House of Representatives fails to vote 

19 on the joint resolution described in paragraph (2) 

20 before the end of the time period specified in para21 graph (2), the waiver request is effectively denied. 

22 ‘‘(f) STANDING.—A victim or an immediate family 

23 member of a victim of a crime committed by any alien 

24 described in subsection (a) after such alien has been issued 

25 a final order of removal shall have standing to sue in any 


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1 Federal district court to enforce the provisions of this sec2 tion and the provisions of section 243(d) of the Immigra3 tion and Nationality Act. No attorney’s fees or monetary 

4 judgments may be awarded in a suit filed under this sub5 section.’’. 

6 SEC. 2. DISCONTINUING GRANTING VISAS TO NATIONALS 

7 OF COUNTRY DENYING OR DELAYING AC8 CEPTING ALIENS. 

9 Section 243(d) of the Immigration and Nationality 

10 Act (8 U.S.C. 1253(d)) is amended to read as follows: 

11 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION12 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

13 ALIENS.— 

14 ‘‘(1) IN GENERAL.—If a country is listed on the 

15 most recent report submitted by the Secretary of 

16 Homeland Security to Congress under section 136(c) 

17 of the Foreign Assistance Act of 1961, the Secretary 

18 may not issue a visa to a subject, national, or resi19 dent of such country unless— 

20 ‘‘(A) the country is in full compliance with 

21 section 136(d) of such Act; or 

22 ‘‘(B) Congress passes a joint resolution 

23 providing for the waiver of this subsection with 

24 respect to such country. 


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1 ‘‘(2) EFFECT OF UNAUTHORIZED ISSUANCE.— 

2 Any visa issued in violation of this paragraph shall 

3 be null and void. 

4 ‘‘(3) WAIVER.— 

5 ‘‘(A) REQUEST.—The President or a mem6 ber of the President’s cabinet who has been des7 ignated by the President, may submit a written 

8 request to Congress that this subsection be 

9 waived, wholly or in part, with respect to any 

10 country. 

11 ‘‘(B) RESOLUTION OF APPROVAL.—Not 

12 later than 7 legislative days after the receipt of 

13 a request described in subparagraph (A), the 

14 Senate and the House of Representatives shall 

15 vote on a joint resolution authorizing the waiver 

16 request. 

17 ‘‘(C) EFFECT OF FAILURE TO VOTE.—If 

18 the Senate or the House of Representatives 

19 fails to vote on the joint resolution described in 

20 subparagraph (B), the waiver request is effec21 tively denied. 

22 ‘‘(4) STANDING.—A victim or an immediate 

23 family member of a victim of a crime committed by 

24 any alien described in section 136(a) of the Foreign 

25 Assistance Act of 1961 after such alien has been 


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1 issued a final order of removal shall have standing 

2 to sue in any Federal district court to enforce the 

3 provisions of this subsection. No attorney’s fees or 

4 monetary judgments may be awarded in a suit filed 

5 under this subsection.’’. 

Æ 


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