[House Report 110-468]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-468

======================================================================



 
                  GENOCIDE ACCOUNTABILITY ACT OF 2007

                                _______
                                

December 4, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2489]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2489) to amend section 1091 of title 18, United States 
Code, to allow the prosecution of genocide in appropriate 
circumstances, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 2489, the ``Genocide Accountability Act of 2007,'' 
strengthens the ability of the United States to prosecute 
perpetrators of genocide by amending title 18 of the United 
States Code to establish Federal criminal jurisdiction over the 
crime of genocide, wherever the crime is committed. The Act 
would close a procedural loophole in current law that does not 
permit the United States Department of Justice to prosecute 
non-Americans in United States courts for genocide committed 
abroad.

                Background and Need for the Legislation

    In 1948, the United Nations General Assembly adopted the 
``Convention on the Prevention and Punishment of the Crime of 
Genocide.''\1\ As its title suggests, the treaty imposes two 
core obligations on participating states. First, state parties 
must undertake efforts to prevent genocide. Second, state 
parties must commit to punish genocide as well as certain 
related acts, such as attempting to commit genocide.\2\ While 
the Genocide Convention requires state parties to do all they 
can to prevent genocide within their own borders, the states' 
duty to prevent genocide does not stop at their own borders. 
Wherever genocide occurs, it engages other nations' 
responsibility to act. Simply put, the Genocide Convention 
charges State parties to take effective action to prevent 
genocide or, when prevention has failed, to bring its murderous 
violence to a swift and certain end.\3\
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    \1\International Convention on the Prevention and Punishment of the 
Crime of Genocide, Dec. 9, 1948, 78 U.N.T.S. 277, 280 [hereinafter 
Genocide Convention].
    \2\See id. at art. I.
    \3\See id. at art. VIII; see also Genocide and the Rule of Law: 
Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security 
of the H. Comm. on the Judiciary, 110th Cong. (2007) (testimony of 
Diane Orentlicher).
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    The United Nations' passage of the Convention Against 
Torture in 1984 and the Convention on Enforced Disappearances 
in 2006 created new requirements for nations, in addition to 
those outlined in the Genocide Convention.\4\ The new 
obligations ask that member nations exercise jurisdiction over 
any individuals suspected of committing acts of genocide, in 
cases where the crime is committed: ``(1) in their territory; 
(2) by one of their nationals; (3) against one of their 
nationals; or (4) outside their territory when the alleged 
perpetrator is in their territory and he or she is not 
extradited for trial to another State or transferred to an 
international tribunal.'' In response to the new conditions, 
several nations subsequently altered their genocide laws to 
reflect the Convention changes. As revised, their laws more 
effectively permit prosecution of many alleged perpetrators of 
genocide who previously used those nations as safe havens.
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    \4\See Torture Convention Implementation, 18 U.S.C. Sec. Sec. 2340-
2340B; International Convention for the Protection of All Persons from 
Enforced Disappearance 2006, GA Res. 61/177, Dec. 20, 2006, A/RES/61/
177; 14 IHRR 582 (2007).
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    The United States was the first Nation to sign the Genocide 
Convention in 1948. While the crime of genocide has been 
recognized as part of international law by the United States 
for nearly sixty years, it was not until 1987 that the 
``Proxmire Act'' was enacted to bring our Nation's law into 
conformity with the Genocide Convention.\5\ When read together 
with other provisions of the Federal criminal code concerning 
conspiracy and complicity, the Proxmire Act addresses the 
explicit obligations set forth in the Genocide Convention 
concerning prosecution of genocide and related criminal acts in 
United States courts. In addition, the Proxmire Act makes it a 
Federal crime for a United States national to commit genocide 
anywhere.\6\
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    \5\Genocide Convention Implementation Act of 1987, 18 U.S.C. 
Sec. Sec. 1091-1093.
    \6\Id.
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    Because current U.S. law lacks an extraterritorial 
jurisdiction clause for genocide, the Justice Department may 
not indict an individual for genocide committed outside the 
United States, even if the victim is an American citizen, 
unless the perpetrator is a United States national. Instead, 
the Department of Justice has to use other tools to pursue 
perpetrators of genocide.\7\
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    \7\The Justice Department can use its resources to deport or deny 
entry to human rights violators, extradite war criminals to their home 
countries (often through the Immigration and Nationality Act, but only 
if the United States has an extradition treaty with the nation), and 
prosecute individuals for offenses such as visa fraud, unlawful 
procurement of naturalization, and making false statements.
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    The use of extraterritorial jurisdiction provisions within 
our criminal code is not uncommon. There are criminal law 
provisions concerning torture,\8\ providing material support to 
terrorists,\9\ prohibiting the financing of terrorism,\10\ and 
a host of other crimes that apply to perpetrators found in the 
United States, even if they are not United States nationals and 
did not commit their crimes in the United States. This 
legislation provides for similar extraterritorial jurisdiction 
for crimes of genocide.
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    \8\18 U.S.C. Sec. 2340A.
    \9\18 U.S.C. Sec. 2339B.
    \10\Id.
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    On July 22, 2004, the House of Representatives passed H. 
Con. Res. 467, which recognized genocide as then occurring in 
the Darfur region of Sudan. As Congress considers this 
legislation, the genocide in Darfur is an ongoing crime. This 
legislation will strengthen the reach of U.S. laws to prosecute 
any individuals found in our Nation who have taken part in such 
acts of genocide, in Darfur or anywhere else.

                                Hearings

    The Subcommittee on Crime, Terrorism, and Homeland Security 
held 1 day of hearings on H.R. 2489 on October 23, 2007. 
Testimony was received from Eli Rosenbaum, Director, Office of 
Special Investigations, Criminal Division, United States 
Department of Justice; Diane F. Orentlicher, Professor, 
Washington College of Law, American University; Jerry Fowler, 
Director, Committee on Conscience, United States Holocaust 
Memorial Museum; and Gayle Smith, Senior Fellow, Center for 
American Progress.

                        Committee Consideration

    On November 1, 2007, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered the bill, 
H.R. 2489, favorably reported by voice vote, a quorum being 
present. On November 7, 2007, the Committee met in open session 
and ordered the bill, H.R. 2489, favorably reported by voice 
vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 2489.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2489, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2489, the 
``Genocide Accountability Act of 2007.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 2489--Genocide Accountability Act of 2007.
    CBO estimates that implementing H.R. 2489 would have no 
significant cost to the federal government. Enacting the bill 
could affect direct spending and revenues, but CBO estimates 
that any such effects would not be significant.
    H.R. 2489 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    H.R. 2489 would broaden the coverage of current laws 
against genocide. The bill would establish federal jurisdiction 
over those crimes wherever they occur (existing law covers 
incidents within the United States). As a result, under the 
bill the government would be able to pursue cases that it 
otherwise would not be able to prosecute. We expect that H.R. 
2489 would apply to a relatively small number of offenders, 
however, so any increase in costs for law enforcement, court 
proceedings, or prison operations would not be significant. Any 
such costs would be subject to the availability of appropriated 
funds.
    Because those prosecuted and convicted under H.R. 2489 
could be subject to criminal fines, the federal government 
might collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, then deposited in the 
Crime Victims Fund, and later spent. CBO expects that any 
additional revenues and direct spending would not be 
significant because of the small number of cases affected.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Theresa Gullo, Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2489 is intended to strengthen the ability of the United States 
to prosecute perpetrators of genocide who are found in the 
United States.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article 1, section 8, clause 18 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2489 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title. This section sets forth the short 
title of the bill as the ``Genocide Accountability Act of 
2007.''
    Sec. 2. Genocide. This section, while leaving unchanged the 
elements of the crime of genocide, applicable punishments under 
current law, and any defenses available to those charged, makes 
technical amendments to section 1091(d) of title 18 of the 
United States Code to clarify and extend its jurisdictional 
reach.
    Section 1091(d)(1), covering genocidal acts committed in 
the United States, is amended to clarify that it applies 
whether those acts are committed completely or only partially 
in the United States. Section 1091(d)(2), unchanged, covers 
alleged offenders who are United States nationals. New section 
1091(d)(3) covers alleged offenders who are aliens lawfully 
admitted for permanent residence in the United States. New 
section 1091(d)(4) covers alleged offenders who are stateless 
individuals whose habitual residence is in the United States. 
And new section 1091(d)(5) covers alleged offenders physically 
present in the United States after the alleged genocidal act 
occurred. Paragraphs (2)-(5) apply regardless of where the 
genocidal act was committed.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

              SECTION 1091 OF TITLE 18, UNITED STATES CODE

Sec. 1091. Genocide

    (a) * * *

           *       *       *       *       *       *       *

    [(d) Required Circumstance for Offenses.--The circumstance 
referred to in subsections (a) and (c) is that--
            [(1) the offense is committed within the United 
        States; or
            [(2) the alleged offender is a national of the 
        United States (as defined in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)).]
    (d) Required Circumstance for Offenses.--The circumstance 
referred to in subsections (a) and (c) is that--
            (1) the offense is committed in whole or in part 
        within the United States;
            (2) the alleged offender is a national of the 
        United States (as that term is defined in section 101 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101));
            (3) the alleged offender is an alien lawfully 
        admitted for permanent residence in the United States 
        (as that term is defined in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101));
            (4) the alleged offender is a stateless person 
        whose habitual residence is in the United States; or
            (5) after the conduct required for the offense 
        occurs, the alleged offender is brought into, or found 
        in, the United States, even if that conduct occurred 
        outside the United States.

                                  
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