I 
110TH CONGRESS 
1ST SESSION H. R. 2940 
To amend section 212 of the Immigration and Nationality Act with respect 
to discretionary determinations waiving an alien’s inadmissibility based 
on certain activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2007 
Mr. PERLMUTTER (for himself, Mr. KAGEN, Mr. WALZ of Minnesota, Mr. 
KIND, Mr. COSTA, Mr. DAVID DAVIS of Tennessee, and Ms. MCCOLLUM 
of Minnesota) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend section 212 of the Immigration and Nationality 
Act with respect to discretionary determinations waiving 
an alien’s inadmissibility based on certain activities, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DISCRETIONARY DETERMINATIONS WAIVING 
GROUNDS OF INADMISSIBILITY. 
Section 212(d)(3)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to 
read as follows: 
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‘‘(B)(i) The Secretary of State, after concurrence by 
the Attorney General and the Secretary of Homeland Se-
curity, or the Secretary of Homeland Security, after con-
currence by the Secretary of State and the Attorney Gen-
eral, may determine in such Secretary’s sole unreviewable 
discretion that subsection (a)(3)(B) shall not apply with 
respect to an alien within the scope of that subsection, 
or that subsection (a)(3)(B)(vi)(III) shall not apply to a 
group solely by virtue of having a subgroup within the 
scope of that subsection. Such a determination may be re-
voked ab initio, without notice at any time, with respect 
to any and all persons subject to it. Such a determination 
shall neither prejudice the ability of the United States 
Government to commence criminal or civil proceedings in-
volving a beneficiary of such a determination or any other 
person, nor create any substantive or procedural right or 
benefit for a beneficiary of such a determination or any 
other person. Notwithstanding any other provision of law 
(statutory or non-statutory), including section 2241 of 
title 28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of such title, no 
court shall have jurisdiction to review such a determina-
tion or revocation. The Secretary of State may not exercise 
the discretion provided in this clause with respect to an 
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alien at any time during which the alien is the subject 
of pending removal proceedings under section 240.’’. 
SEC. 2. TECHNICAL CORRECTION TO EXCEPTION TO INAD-
MISSIBILITY GROUND FOR TERRORIST AC-
TIVITIES FOR SPOUSES AND CHILDREN. 
(a) IN GENERAL.—Section 212(a)(3)(B)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(B)(ii)) is amended by striking ‘‘Subclause 
(VII)’’and inserting ‘‘Subclause (IX)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and such amendment and section 
212(a)(3)(B)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(ii)), as amended by subsection 
(a), shall apply to— 
(1) removal proceedings instituted before, on, or 
after the date of the enactment of this section; and 
(2) acts and conditions constituting a ground 
for inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such 
date. 
Æ 
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