[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4021 Introduced in Senate (IS)]

<DOC>






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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