[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4021 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4021
To amend the Immigration and Nationality Act to expand the grounds of
inadmissibility and deportability for human rights violators.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 6, 2022
Mr. Grassley (for himself and Mr. Graham) 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 expand the grounds of
inadmissibility and deportability for human rights violators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Human Rights
Violators Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Human Rights Violators and War Crimes Center.
Sec. 3. Grounds of inadmissibility and deportability for persecutors
and war criminals.
Sec. 4. Inadmissibility and deportability for participation in female
genital mutilation.
Sec. 5. Statute of limitations for visa, naturalization, and other
fraud offenses involving human rights
violations.
Sec. 6. Visa security and national security fee.
Sec. 7. U.S. Citizenship and Immigration Services access to criminal
history records.
SEC. 2. HUMAN RIGHTS VIOLATORS AND WAR CRIMES CENTER.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) establish the Human Rights Violators and War Crimes
Center (referred to in this section as the ``Center'') within
U.S. Immigration and Customs Enforcement, Homeland Security
Investigations; and
(2) appoint a Director from Homeland Security
Investigations to head the Center.
(b) Duties.--The Director of the Center (referred to in this
section as the ``Director'') shall--
(1) coordinate efforts to prevent the admission of foreign
war crimes suspects, persecutors, and human rights abusers into
the United States;
(2) identify and investigate individuals who have been
involved in, or responsible for, the commission of human rights
abuses throughout the world and are within the jurisdiction of
the United States;
(3) support the Office of the Principal Legal Advisor's
litigation of the removal proceedings of aliens implicated in
human rights violations or war crimes;
(4) coordinate with the Office of the Principal Advisor and
Enforcement and Removal Operations to carry out the removal of
individuals referred to in paragraphs (2) and (3), to the
extent possible;
(5) represent U.S. Immigration and Customs Enforcement
while working with the National Security Council and other
relevant government agencies in the development of programs for
the prevention of mass atrocities;
(6) conduct and coordinate training with other domestic and
international law enforcement agencies on investigative best
practices to develop and expand the capability of such agencies
to identify, investigate, and prosecute individuals who--
(A) engage in genocide, torture, the recruitment
and use of child soldiers, war crimes, female genital
mutilation, or severe violations of religious freedom;
(B) provide material support to terrorists or
organizations that engage in genocide, torture, or the
recruitment and use of child soldiers; or
(C) are human rights violators and engage in
immigration fraud;
(7) coordinate with other government agencies in the
investigation of individuals whose actions should subject them
to relevant travel and financial sanctions;
(8) collect and integrate information regarding
infringement of human rights and war crimes from domestic and
international law enforcement agencies and other non-Federal
sources;
(9) receive and organize information regarding infringement
of human rights and war crimes from agencies and sources
referred to in paragraph (8);
(10) disseminate information regarding the infringement of
human rights and war crimes to other Federal agencies, as
appropriate, to the extent authorized under relevant United
States laws, regulations, directives, and policies;
(11) coordinate with the offices of United States Attorneys
to develop expertise in, and assist with the investigation and
prosecution of, crimes relating to the abuse of human rights
and war crimes; and
(12) carry out such other duties as the Secretary of
Homeland Security may assign to the Director.
(c) Coordination With Other Agencies.--In carrying out the duties
described in subsection (b), the Director shall coordinate with any
Federal, State, local, or international law enforcement agencies that
the Secretary of Homeland Security, acting through the Director of U.S.
Immigration and Customs Enforcement, considers appropriate.
SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR PERSECUTORS
AND WAR CRIMINALS.
(a) Definitions.--Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) one who, at any time, has ordered, incited,
assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership in
a particular social group, or political opinion.''.
(b) Grounds of Inadmissibility.--Section 212 of such Act (8 U.S.C.
1182) is amended--
(1) in subsection (a)(3)(E)--
(A) in the subparagraph header, by striking
``nazi'';
(B) in clause (iii)(II), by striking ``of any
foreign nation''; and
(C) by adding at the end the following:
``(iv) Color of law.--In this subparagraph
and in section 237(a)(4)(D) only, acting under
`color of law' includes acts taken as part of
an armed group exercising de facto authority
over any territory for any period of time.
``(v) Persecutors.--Any alien who ordered,
incited, assisted, or otherwise participated in
the persecution of any person on account of
race, religion, nationality, membership in a
particular social group, or political opinion
is inadmissible.
``(vi) War crimes.--Any alien who ordered,
incited, assisted, or otherwise participated in
war crimes (as defined in subsections (c) and
(d)(1) (except subparagraph (A)) of section
2441 of title 18, United States Code),
including offenders who have been lawfully
admitted for permanent residence, offenders who
are present in the United States, and offenders
who are stateless persons whose habitual
residence is in the United States, is
inadmissible''; and
(2) in subsection (d)(3)(A), by striking ``and clauses (i)
and (ii) of paragraph'' each place such phrase appears.
(c) Grounds of Deportability.--Section 237(a)(4)(D) of such Act (8
U.S.C. 237(a)(4)(D)) is amended--
(1) in the subparagraph header, by striking ``nazi''; and
(2) by striking ``or (iii)'' and inserting ``(iii), (v), or
(vi).''.
(d) Voluntary Departure.--Section 240B of such Act (8 U.S.C. 1229c)
is amended--
(1) in subsection (a)(1), by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and
inserting ``deportable under paragraph (2)(A)(iii) or (4) of
section 237(a), or inadmissible under subparagraph (E) or (G)
of section 212(a)(3)''; and
(2) in subsection (b)(1)(C), by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting
``deportable under paragraph (2)(A)(iii) or (4) of section
237(a), or inadmissible under subparagraph (E) or (G) of
section 212(a)(3)''.
(e) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C.
1255(c)) is amended--
(1) in paragraph (6), by striking ``(B)'';
(2) in paragraph (7), by striking ``or'' at the end; and
(3) in paragraph (8), by striking the period at the end and
inserting ``; (9) any alien who at any time has ordered,
incited, assisted, or otherwise participated in the persecution
of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion;
or (10) any alien who is inadmissible under section
212(a)(3)(E)(vi).''.
(f) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of such Act (8 U.S.C. 1327) is amended by striking
``(other than subparagraph (E) thereof)''.
(g) Applicability.--The amendments made by subsections (a) through
(e) shall apply to offenses committed before, on, or after the date of
the enactment of this Act.
SEC. 4. INADMISSIBILITY AND DEPORTABILITY FOR PARTICIPATION IN FEMALE
GENITAL MUTILATION.
(a) Inadmissibility.--Section 212(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end
the following:
``(H) Participation in female genital mutilation.--
Any alien who has ordered, incited, solicited, funded,
assisted, or otherwise participated in female genital
mutilation is inadmissible.''.
(b) Deportability.--Section 237(a)(4) of such Act (8 U.S.C. 1227
(a)(4)) is amended by adding at the end the following:
``(G) Participation in female genital mutilation.--
Any alien who has ordered, incited, solicited, funded,
assisted, or otherwise participated in female genital
mutilation is deportable.''.
(c) Savings Provision.--Nothing in the amendments made by this
section may be construed to limit the applicability of grounds of
inadmissibility or removal to conduct occurring before the date of the
enactment of this Act.
SEC. 5. STATUTE OF LIMITATIONS FOR VISA, NATURALIZATION, AND OTHER
FRAUD OFFENSES INVOLVING HUMAN RIGHTS VIOLATIONS.
(a) Statute of Limitations for Visa Fraud and Other Offenses.--
Chapter 213 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 3302. Fraud in connection with certain human rights violations
``(a) In General.--A person shall be prosecuted, tried, or punished
for violation of any provision of section 1001, 1015, 1425, 1546, 1621,
or 3291, or for attempt or conspiracy to violate any provision of such
sections, if--
``(1) the fraudulent conduct, misrepresentation,
concealment, or fraudulent, fictitious, or false statement
concerns the alleged offender's--
``(A) participation, at any time, at any place, and
regardless of the nationality of the alleged offender
or any victim, in a human rights violation; or
``(B) membership in, service in, or authority over
a military, paramilitary, or law enforcement
organization that participated in such conduct during
any part of any period in which the alleged offender
was a member of, served in, or had authority over the
organization; and
``(2) the indictment is found or the information is
instituted not later than 20 years after such conduct.
``(b) Definitions.--
``(1) Human rights violation.--In this section, the term
`human rights violation' means extrajudicial killing, female
genital mutilation, genocide, particularly severe violations of
religious freedom, persecution, torture, the use or recruitment
of child soldiers, or war crimes.
``(2) Related definitions.--In paragraph (1)--
``(A) the term `extrajudicial killing' means
conduct described in section 212(a)(3)(E)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(E)(iii));
``(B) the term `female genital mutilation' means
conduct described in section 116;
``(C) the term `genocide' means conduct described
in subsections (a), (c), and (e) of section 1091;
``(D) the term `particularly severe violation of
religious freedom' means conduct described in section
3(13) of the International Religious Freedom Act of
1998 (22 U.S.C. 6402(13));
``(E) the term `persecution' means conduct
described in section 212(a)(3)(E)(v) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(E)(v));
``(F) the term `torture' means conduct described in
paragraphs (1) and (2) of section 2340;
``(G) the term `use or recruitment of child
soldiers' means conduct described in subsections (a)
and (d) of section 2442; and
``(H) the term `war crimes' means conduct described
in subsections (c) and (d)(1) of section 2441.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by adding at the end the
following:
``3302. Fraud in connection with certain human rights violations.''.
(c) Effective Date.--The amendments made by this section shall
apply to fraudulent conduct, misrepresentations, concealments, and
fraudulent, fictitious, or false statements made or committed on or
after the date of the enactment of this Act.
SEC. 6. VISA SECURITY AND NATIONAL SECURITY FEE.
(a) In General.--
(1) Authorization.--The Secretary of Homeland Security is
authorized to charge a visa security and national security fee
to nonimmigrant visa applicants.
(2) Collection.--The Secretary of State, at the request of,
and in coordination with, the Secretary of Homeland Security,
is authorized to collect the fee authorized under paragraph (1)
simultaneously with the fees authorized under section 140 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236; 8 U.S.C. 1351 note) and section 103
of the Enhanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1713), on behalf of the Secretary of Homeland
Security--
(A) to conduct pre-adjudication reviews and
screenings of visa applications against appropriate
criminal, national security, and terrorism databases
maintained by the Federal Government;
(B) to carry out other support activities
authorized under section 428(e) of the Homeland
Security Act of 2002 (6 U.S.C. 236(e));
(C) to identify, arrest, and remove terrorists,
human rights violators, and national security threats
from the United States; and
(D) for other purposes.
(b) Amount of Fee.--The total amount of fees charged pursuant to
subsection (a)(1) shall be sufficient to cover the annual costs to
conduct the activities authorized under subsection (a)(2), the
activities authorized under section 428(e) of the Homeland Security Act
of 2002 (6 U.S.C. 236(e)), and related activities.
(c) Deposit of Fees.--Fees collected under subsection (a)(2)--
(1) shall be deposited into the Immigration Examinations
Fee Account established under section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)) in the Treasury of the
United States; and
(2) shall remain available until expended for the Secretary
of Homeland Security to carry out the activities described in
subsection (b).
(d) Reimbursement.--
(1) In general.--The Secretary of Homeland Security shall
reimburse expenses incurred by the Secretary of State to
collect the fee authorized under subsection (a)(1).
(2) Use of reimbursed funds.--Reimbursements received
pursuant to paragraph (1)--
(A) shall be deposited into the appropriate
Department of State account, as identified by the
Secretary of State; and
(B) shall remain available until expended to cover
expenses described in paragraph (1).
(e) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter on or before October 1,
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the Judiciary of
the House of Representatives, and the Committee on Homeland Security of
the House of Representatives that identifies, for the reporting
period--
(1) the number of aliens denied visas under Homeland
Security Investigation's Visa Security Program;
(2) the number of aliens inadmissible to or removed from
the United States for violating section 116 of title 18, United
States Code (relating to female genital mutilation); and
(3) the number of aliens inadmissible to or removed from
the United States as terrorists, human rights violators,
persecutors, or national security threats.
SEC. 7. U.S. CITIZENSHIP AND IMMIGRATION SERVICES ACCESS TO CRIMINAL
HISTORY RECORDS.
(a) In General.--In addition to any other access to criminal
history records authorized for noncriminal justice purposes under the
National Criminal History Access and Child Protection Act (34 U.S.C.
40311 et seq.), the Attorney General and the Director of the Federal
Bureau of Investigation shall provide the Secretary of Homeland
Security, for purposes relating to immigration and naturalization
matters, with--
(1) direct access to criminal history records without
submission of positive identification, including name check
access to the Interstate Identification Index System; and
(2) access to sealed record information and any other
criminal history information on the same terms as are provided
to an agency performing a criminal justice or law enforcement
purpose.
(b) Rule of Construction.--Terms used in subsection (a) shall have
the meanings provided under section 213 of the National Criminal
History Access and Child Protection Act (34 U.S.C. 40312).
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