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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Timely Repatriation Act''.

SEC. 2. TIMELY REPATRIATION.

(a) Listing of Countries.--Beginning on the date that is 6 months
after the date of enactment of this Act, and every 6 months thereafter,
the Secretary of Homeland Security shall publish a report including the
following:
(1) A list of the following:
(A) Countries that have refused or unreasonably
delayed repatriation of an alien who is a national of
that country since the date of enactment of this Act
and the total number of such aliens, disaggregated by
nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date that a country is included in
a list under subsection (a)(2) and ending on the date that that country
is not included in such list, that country shall be subject to the
following:
(1) The Secretary of State may not issue visas under
section 101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, the Secretary of State shall reduce the number of
visas available under clause (i) or (ii) of section
101(a)(15)(A) of the Immigration and Nationality Act in a
fiscal year to nationals of that country by an amount equal to
10 percent of the baseline visa number for that country. Except
as provided under section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number to a level below 20 percent of the baseline visa
number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary may
waive any reduction below 80 percent of the baseline visa
number. The Secretary of Homeland Security may not delegate the
authority under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of Homeland Security
may not delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may exempt a country from inclusion in a
list under subsection (a)(2) if the total number of nonrepatriations
outstanding is less than 10 for the preceding 3-year period.
(e) Unauthorized Visa Issuance.--Any visa issued in violation of
this section shall be void.
(f) Notice.--If an alien who has been convicted of a criminal
offense before a Federal or State court whose repatriation was refused
or unreasonably delayed is to be released from detention by the
Secretary of Homeland Security, the Secretary shall provide notice to
the State and local law enforcement agency for the jurisdictions in
which the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the Secretary
shall make a reasonable effort to provide notice of such release to any
crime victims and their immediate family members.
(g) Definitions.--For purposes of this section:
(1) Refused or unreasonably delayed.--A country is deemed
to have refused or unreasonably delayed the acceptance of an
alien who is a citizen, subject, national, or resident of that
country if, not later than 90 days after receiving a request to
repatriate such alien from an official of the United States who
is authorized to make such a request, the country does not
accept the alien or issue valid travel documents.
(2) Failure rate.--The term ''failure rate'' for a period
means the percentage determined by dividing the total number of
repatriation requests for aliens who are citizens, subjects,
nationals, or residents of a country that that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) Excessive repatriation failure rate.--The term
''excessive repatriation failure rate'' means, with respect to
a report under subsection (a), a failure rate greater than 10
percent for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(4) Number of non-repatriations outstanding.--The term
''number of non-repatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Baseline visa number.--The term ''baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first report
under subsection (a) in which that country is included in the
list under subsection (a)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2014, the Comptroller General of the
United States shall submit a report to Congress regarding the progress
of the Secretary of Homeland Security and the Secretary of State in
implementation of this section and in making requests to repatriate
aliens as appropriate.
Output:
Timely Repatriation Act - Directs the Secretary of Homeland Security (DHS) to publish a report every six months listing countries that have: (1) refused or unreasonably delayed repatriation of an alien who is a national of that country, and the total number of such aliens; and (2) an excessive repatriation failure rate. Directs the Secretary of Statewith respect to a listed country: (1) to not issue visas to attendants, servants, and personal employees of such country's diplomats and officials/employees; and (2) reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. Authorizes the Secretary of Homeland Security to exempt a country from inclusion if the total number of nonrepatriations outstanding is less than 10% for the preceding 3-year period.