I 
114TH CONGRESS 
2D SESSION 
H. R. 5988 
To provide penalties for countries that systematically and unreasonably refuse 
or delay repatriation of certain nationals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2016 
Mr. COURTNEY (for himself, Mr. WOODALL, and Ms. ESTY) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide penalties for countries that systematically and 
unreasonably refuse or delay repatriation of certain na-
tionals, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Remedies for Refusal 
of Repatriation Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on the Judiciary of the 
Senate; 
(D) the Committee on Foreign Affairs of 
the House of Representatives; 
(E) the Committee on Homeland Security 
of the House of Representatives; and 
(F) the Committee on the Judiciary of the 
House of Representatives. 
(2) CRIME OF VIOLENCE.—The term ‘‘crime of 
violence’’ has the meaning given that term in section 
16 of title 18, United States Code. 
(3) FELONY.—The term ‘‘felony’’ means— 
(A) a crime classified as a felony in the 
convicting jurisdiction, excluding State or local 
offenses for which an essential element was the 
alien’s immigration status; or 
(B) in the case of an offense under section 
276 of the Immigration and Nationality Act (8 
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U.S.C. 1326), or other immigration-related of-
fense that the Secretary may designate by regu-
lation, an offense for which the term of impris-
onment imposed on the defendant exceeded 1 
year. 
SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRI-
ATION. 
(a) CRITERIA
FOR
SYSTEMATIC
REFUSAL
OR 
DELAY.—Not later than 60 days after the date of the en-
actment of this Act, the Secretary of Homeland Security 
shall establish procedures for determining whether the 
government of a foreign country systematically and unrea-
sonably refuses or delays the repatriation of nationals of 
such country who— 
(1) have been ordered deported by the United 
States; and 
(2)(A) have been convicted of a felony; 
(B) have been convicted of a crime of violence; 
or 
(C) are a threat to national security or public 
safety. 
(b) REQUIREMENTS FOR INCLUSION ON REFUSAL OR 
DELAY LIST.—A country shall be deemed to systemati-
cally and unreasonably refuse or delay the repatriation of 
its nationals if— 
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(1) the country refuses— 
(A) to repatriate an individual described in 
subsection (a) who has been ordered deported 
to such country by the United States; and 
(B)(i) to secure and analyze all documents 
within its control that could tend to identify the 
nationality of such individual; or 
(ii) to ensure that a government official ca-
pable of determining that such individual is a 
national of such country interviews such indi-
vidual and, if additional evidence is needed, 
such individual’s family; or 
(2) other factors indicate that the country sys-
tematically and unreasonably refuses or delays the 
repatriation of nationals of such country who are de-
scribed in subsection (a) and have been ordered de-
ported to such country by the United States. 
(c) NOTIFICATION REQUIREMENTS.—Upon deter-
mining that a country systematically and unreasonably re-
fuses or delays repatriation of its citizens— 
(1) the Secretary of Homeland Security shall 
notify the Secretary of State of such determination 
in writing not later than 5 days after such deter-
mination; and 
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