[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 710 Reported in Senate (RS)]






                                                       Calendar No. 373
108th CONGRESS
  1st Session
                                 S. 710

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

                             March 26, 2003

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

                            November 6, 2003

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Anti-Atrocity Alien 
Deportation Act of 2003''.</DELETED>

<DELETED>SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE 
              COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS 
              ABROAD.</DELETED>

<DELETED>    (a) Inadmissibility.--Section 212(a)(3)(E) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) any act of torture, 
                                as defined in section 2340 of title 18, 
                                United States Code; or</DELETED>
                                <DELETED>    ``(II) under color of law 
                                of any foreign nation, any 
                                extrajudicial killing, as defined in 
                                section 3(a) of the Torture Victim 
                                Protection Act of 1991 (28 U.S.C. 1350 
                                note);</DELETED>
                        <DELETED>is inadmissible.''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Deportability.--Section 237(a)(4)(D) of such Act (8 
U.S.C. 1227(a)(4)(D)) is amended--</DELETED>
        <DELETED>    (1) by striking ``clause (i) or (ii)'' and 
        inserting ``clause (i), (ii), or (iii)''; and</DELETED>
        <DELETED>    (2) in the subparagraph heading, by striking 
        ``Assisted in nazi persecution or engaged in genocide'' and 
        inserting ``Participated in nazi persecution, genocide, or the 
        commission of any act of torture or extrajudicial 
        killing''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN 
              GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY 
              SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.</DELETED>

<DELETED>    (a) Ground of Inadmissibility.--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:</DELETED>
                <DELETED>    ``(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 
                (22 U.S.C. 6402), is inadmissible.''.</DELETED>
<DELETED>    (b) Ground of Deportability.--Section 237(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by 
adding at the end the following:</DELETED>
                <DELETED>    ``(E) Participated in the commission of 
                severe violations of religious freedom.--Any alien 
                described in section 212(a)(2)(G) is 
                deportable.''.</DELETED>

<DELETED>SEC. 4. WAIVER OF INADMISSIBILITY.</DELETED>

<DELETED>    Section 212(d)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1182(d)(3)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``and 3(E)'' 
        and inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; 
        and</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``and 3(E)'' 
        and inserting ``and clauses (i) and (ii) of paragraph 
        (3)(E)''.</DELETED>

<DELETED>SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE 
              COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR 
              SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.</DELETED>

<DELETED>    Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended--</DELETED>
        <DELETED>    (1) by striking the period at the end of paragraph 
        (8) and inserting ``; and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL 
              INVESTIGATIONS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(h)(1) The Attorney General shall establish within the 
Criminal Division of the Department of Justice an Office of Special 
Investigations with the authority to detect and investigate, and, where 
appropriate, to take legal action to denaturalize any alien described 
in section 212(a)(3)(E).</DELETED>
<DELETED>    ``(2) The Attorney General shall consult with the 
Secretary of the Department of Homeland Security in making 
determinations concerning the criminal prosecution or extradition of 
aliens described in section 212(a)(3)(E).</DELETED>
<DELETED>    ``(3) In determining the appropriate legal action to take 
against an alien described in section 212(a)(3)(E), consideration shall 
be given to--</DELETED>
        <DELETED>    ``(A) the availability of criminal prosecution 
        under the laws of the United States for any conduct that may 
        form the basis for removal and denaturalization; or</DELETED>
        <DELETED>    ``(B) the availability of extradition of the alien 
        to a foreign jurisdiction that is prepared to undertake a 
        prosecution for such conduct.''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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(h) 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.</DELETED>
        <DELETED>    (2) Availability of funds.--Amounts appropriated 
        pursuant to paragraph (1) are authorized to remain available 
        until expended.</DELETED>

<DELETED>SEC. 7. REPORT ON IMPLEMENTATION OF THE ACT.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the Attorney General, in consultation with the Secretary of 
Homeland Security, 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--</DELETED>
        <DELETED>    (1) the procedures used to refer matters to the 
        Office of Special Investigations and other components within 
        the Department of Justice and the Department of Homeland 
        Security in a manner consistent with the amendments made by 
        this Act;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Atrocity Alien Deportation Act 
of 2003''.

SEC. 2. INADMISSIBILITY AND DEPORTABILITY 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 
                                the Torture Victim Protection Act of 
                                1991 (28 U.S.C. 1350 note);
                        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) Deportability.--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 
        ``Participated in nazi persecution, genocide, or the commission 
        of 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 DEPORTABILITY OF FOREIGN GOVERNMENT 
              OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Ground of Inadmissibility.--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 
                (22 U.S.C. 6402), is inadmissible.''.
    (b) Ground of Deportability.--Section 237(a)(4) of the Immigration 
and Nationality 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. WAIVER OF INADMISSIBILITY.

    Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(3)) is amended--
            (1) in subparagraph (A), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and
            (2) in subparagraph (B), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph (3)(E)''.

SEC. 5. BAR TO GOOD MORAL CHARACTER, ASYLUM AND REFUGEE STATUS, AND 
              WITHHOLDING OF REMOVAL FOR ALIENS WHO HAVE COMMITTED ACTS 
              OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS 
              OF RELIGIOUS FREEDOM.

    (a) Good Moral Character.--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).''.
    (b) Asylum.--Section 208(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) in clause (vi), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(vii) the alien is inadmissible under 
                        section 212(a)(3)(E).''.
    (c) Refugees.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended in the second 
sentence (regarding exclusions to the term ``refugee'') by inserting 
``, or any person who is inadmissible under section 212(a)(3)(E)'' 
after ``or political opinion''.
    (d) Withholding of Removal.--Section 241(b)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) in clause (iii), by striking ``or'' at the end;
            (2) in clause (iv), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(v) the alien is inadmissible under 
                        section 212(a)(3)(E).''.

SEC. 6. 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:
    ``(h)(1) The Attorney General shall establish within the Criminal 
Division of the Department of Justice an Office of Special 
Investigations with the authority to detect and investigate, and, where 
appropriate, to take legal action to denaturalize any alien described 
in section 212(a)(3)(E).
    ``(2) The Attorney General shall consult with the Secretary of the 
Department of Homeland Security in making determinations concerning the 
criminal prosecution or extradition of aliens described in section 
212(a)(3)(E).
    ``(3) In determining the appropriate legal action to take against 
an alien described in section 212(a)(3)(E), consideration shall be 
given to--
            ``(A) the availability of criminal prosecution under the 
        laws of the United States for any conduct that may form the 
        basis for removal and denaturalization; or
            ``(B) the availability of extradition 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(h) 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. 7. REPORTS ON IMPLEMENTATION OF THE ACT.

    (a) Implementation Report.--Not later than 180 days after the date 
of enactment of this Act, the Attorney General, in consultation with 
the Secretary of Homeland Security, shall submit to the Committees on 
the Judiciary of the Senate and the House of Representatives a report 
on the implementation of this Act that includes a description of--
            (1) the procedures used to refer matters to the Office of 
        Special Investigations and other components within the 
        Department of Justice and the Department of Homeland Security 
        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.
    (b) Additional Report.--One year after the date of enactment of 
this Act, and annually thereafter, the Attorney General and the 
Secretary of Homeland Security shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report that 
includes--
            (1) the number of criminal investigations and criminal 
        prosecutions conducted pursuant to this Act;
            (2) the number of persons removed from, or denied admission 
        to, the United States pursuant to this Act; and
            (3) the number and nationality of aliens who have been 
        removed from, or denied access to, the United states pursuant 
        to this Act.
                                                       Calendar No. 373

108th CONGRESS

  1st Session

                                 S. 710

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 6, 2003

                       Reported with an amendment