I
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 Representa-
tives 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 identi-
fied 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 Al-
geria, 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 ter-
rorists 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 Na-
tion’s terrorist watch list.
(8) Nearly half of the nineteen terrorists who
hijacked planes on September 11, 2001, were citi-
zens 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 
NON-
IMMIGRANT 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 para-
graph (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 pe-
riod 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 morato-
rium 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 GEN-
ERAL.—
(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 Attor-
ney General determines that the admission to the
United States of such alien is in the national inter-
est 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
(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 ad-
ministrative 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 enact-
ment of this Act and every 6 months thereafter, the Gen-
eral Accounting Office shall submit to the Congress a re-
port, 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 Fed-
eral Bureau of Investigation, the Immigration and
Naturalization Service, the intelligence agencies, and
other Federal, State, and local law enforcement offi-
cials.
(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 im-
prove visa background checks.
(7) The effectiveness of the border security in
the United States.
SEC. 8. PROHIBITION RELATING TO IMMIGRATION AM-
NESTY.
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 Na-
tionality Act.
SEC. 9. ADDITIONAL INFORMATION REQUIRED OF REG-
ISTERED 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 sub-
section:
‘‘(d) In addition to such other information as the At-
torney 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 num-
ber, 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’’.
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