[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 864 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 864

To amend the Immigration and Nationality Act to provide that aliens who 
  commit acts of torture, extrajudicial killings, or other specified 
   atrocities abroad are inadmissible and removable and to establish 
within the Criminal Division of the Department of Justice an Office of 
  Special Investigations having responsibilities under that Act with 
  respect to all alien participants in war crimes, genocide, and the 
    commission of acts of torture and extrajudicial killings abroad.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2001

  Mr. Leahy (for himself, Mr. Lieberman and Mr. Levin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide that aliens who 
  commit acts of torture, extrajudicial killings, or other specified 
   atrocities abroad are inadmissible and removable and to establish 
within the Criminal Division of the Department of Justice an Office of 
  Special Investigations having responsibilities under that Act with 
  respect to all alien participants in war crimes, genocide, and the 
    commission of acts of torture and extrajudicial killings abroad.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Atrocity Alien Deportation Act 
of 2001''.

SEC. 2. INADMISSIBILITY AND REMOVABILITY OF ALIENS WHO HAVE COMMITTED 
              ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.

    (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
            (1) in clause (ii), by striking ``has engaged in conduct 
        that is defined as genocide for purposes of the International 
        Convention on the Prevention and Punishment of Genocide is 
        inadmissible'' and inserting ``ordered, incited, assisted, or 
        otherwise participated in conduct outside the United States 
        that would, if committed in the United States or by a United 
        States national, be genocide, as defined in section 1091(a) of 
        title 18, United States Code, is inadmissible'';
            (2) by adding at the end the following:
                            ``(iii) Commission of acts of torture or 
                        extrajudicial killings.--Any alien who, outside 
                        the United States, has committed, ordered, 
                        incited, assisted, or otherwise participated in 
                        the commission of--
                                    ``(I) any act of torture, as 
                                defined in section 2340 of title 18, 
                                United States Code; or
                                    ``(II) under color of law of any 
                                foreign nation, any extrajudicial 
                                killing, as defined in section 3(a) of 
                                Torture Victim Protection Act of 1991;
                        is inadmissible.''; and
            (3) in the subparagraph heading, by striking ``Participants 
        in nazi persecution or genocide'' and inserting ``Participants 
        in nazi persecution, genocide, or the commission of any act of 
        torture or extrajudicial killing''.
    (b) Removability.--Section 237(a)(4)(D) of such Act (8 U.S.C. 
1227(a)(4)(D)) is amended--
            (1) by striking ``clause (i) or (ii)'' and inserting 
        ``clause (i), (ii), or (iii)''; and
            (2) in the subparagraph heading, by striking ``Assisted in 
        nazi persecution or engaged in genocide'' and inserting 
        ``Assisted in nazi persecution, participated in genocide, or 
        committed any act of torture or extrajudicial killing''.
    (c) Effective Date.--The amendments made by this section shall 
apply to offenses committed before, on, or after the date of the 
enactment of this Act.

SEC. 3. INADMISSIBILITY AND REMOVABILITY OF FOREIGN GOVERNMENT 
              OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Section 212(a)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(G)) is amended to read as follows:
                    ``(G) Foreign government officials who have 
                committed particularly severe violations of religious 
                freedom.--Any alien who, while serving as a foreign 
                government official, was responsible for or directly 
                carried out, at any time, particularly severe 
                violations of religious freedom, as defined in section 
                3 of the International Religious Freedom Act of 1998, 
                are inadmissible.''.
    (b) Section 237(a)(4) of such Act (8 U.S.C. 1227(a)(4)) is amended 
by adding at the end the following:
                    ``(E) Participated in the commission of severe 
                violations of religious freedom.--Any alien described 
                in section 212(a)(2)(G) is deportable.''.

SEC. 4. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS 
              OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS 
              OF RELIGIOUS FREEDOM.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(9) one who at any time has engaged in conduct described 
        in section 212(a)(3)(E) (relating to assistance in Nazi 
        persecution, participation in genocide, or commission of acts 
        of torture or extrajudicial killings) or 212(a)(2)(G) (relating 
        to severe violations of religious freedom).''.

SEC. 5. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.

    (a) Amendment of the Immigration and Nationality Act.--Section 103 
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by 
adding at the end the following:
    ``(g) The Attorney General shall establish within the Criminal 
Division of the Department of Justice an Office of Special 
Investigations with the authority of investigating, and, where 
appropriate, taking legal action to remove, denaturalize, prosecute, or 
extradite any alien found to be in violation of clause (i), (ii), or 
(iii) of section 212(a)(3)(E). In determining such appropriate legal 
action, consideration shall be given to--
            ``(1) the availability of prosecution under the laws of the 
        United States for any conduct that may form the basis for 
        removal and denaturalization; or
            ``(2) removal of the alien to a foreign jurisdiction that 
        is prepared to undertake a prosecution for such conduct.''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice such sums as may be necessary to 
        carry out the additional duties established under section 
        103(g) of the Immigration and Nationality Act (as added by this 
        Act) in order to ensure that the Office of Special 
        Investigations fulfills its continuing obligations regarding 
        Nazi war criminals.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 6. REPORT ON IMPLEMENTATION OF THE ACT.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General, in consultation with the Commissioner of 
Immigration and Naturalization, shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report on 
implementation of this Act that includes a description of--
            (1) the procedures used to refer matters to the Office of 
        Special Investigations in a manner consistent with the 
        amendments made by this Act;
            (2) the revisions, if any, made to immigration forms to 
        reflect changes in the Immigration and Nationality Act made by 
        the amendments contained in this Act; and
            (3) the procedures developed, with adequate due process 
        protection, to obtain sufficient evidence to determine whether 
        an alien may be inadmissible under the terms of the amendments 
        made by this Act.
                                 <all>