Home > 106th Congressional Bills > H.R. 1441 (ih) To amend section 8(a) of the National Labor Relations Act. [Introduced in House] ...

H.R. 1441 (ih) To amend section 8(a) of the National Labor Relations Act. [Introduced in House] ...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                H. R. 1440

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 HOUSE OF REPRESENTATIVES

                             March 26, 2003

 Mr. Foley (for himself, Mr. Ackerman, Mr. Garrett of New Jersey, Mr. 
McNulty, Mr. Frost, Ms. Ros-Lehtinen, Mr. McGovern, Mr. Berman, and Mr. 
Bartlett of Maryland) introduced the following bill; which was 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 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 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. 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. 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 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--
            (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.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 5399 (ih) To authorize the Secretary of the Interior to study the suitability and feasibility of designating the Abel and Mary Nicholson House located in Elsinboro Township, Salem County, New Jersey, as a unit of the National Park System, and for oth...
2 H.Con.Res. 322 (ih) Expressing the sense of the Congress regarding Vietnamese Americans and others who seek to improve social and political conditions in Vietnam. [Introduced in House] ...
3 S. 282 (is) To provide that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under section 210 of the Public Utility Regulatory Policies Act of 1978. [Introduced in Senate] %%F...
4 H.Res. 428 (ih) Condemning the discriminatory practices prevalent at Bob Jones University. [Introduced in House] ...
5 H.R. 2624 (ih) To protect women's reproductive health and constitutional right to choice, and for other purposes. [Introduced in House] ...
6 S. 700 (is) To amend the National Trails System Act to designate the Ala Kahakai Trail as a National Historic Trail. [Introduced in Senate] ...
7 S.Con.Res. 70 (rfh) Requesting that the United States Postal Service issue a commemorative postage stamp honoring the national veterans service organizations of the United States. [Referred in House] ...
8 H.R. 93 (ih) To amend title 10 and title 14, United States Code, and the Merchant Marine Act, 1936, to increase the period of the service obligation for graduates of the military service academies, the Coast Guard Academy, and the United States Merchant M...
9 H.R. 2885 (rh) To provide uniform safeguards for the confidentiality of information [Reported in House] ...
10 H.Res. 138 (rh) Providing for the consideration of the bill (H.R. 472) to amend title 13, United States Code, to require the use of postcensus local review as part of each decennial census. [Reported in House] ...
11 H.R. 4518 (ih) To amend the Elementary and Secondary Education Act of 1965, to reauthorize and make improvements to that Act, and for other purposes. [Introduced in House] ...
12 S. 904 (is) To provide that certain costs of private foundations in removing hazardous substances shall be treated as qualifying distributions. [Introduced in Senate] ...
13 H.R. 1832 (enr) To reform unfair and anticompetitive practices in the professional boxing industry. [Enrolled bill] ...
14 H.R. 208 (eh) To amend title 5, United States Code, to allow for the contribution of certain rollover distributions to accounts in the Thrift Savings Plan, to eliminate certain waiting-period requirements for participating in the Thrift Savings Plan, and...
15 S. 1455 (is) To enhance protections against fraud in the offering of financial assistance for college education, and for other purposes. [Introduced in Senate] ...
16 H.R. 379 (ih) To permit States to prohibit the disposal of solid waste imported from other nations. [Introduced in House] ...
17 H.R. 920 (ih) To expand the powers of the Secretary of the Treasury to regulate the manufacture, distribution, and sale of firearms and ammunition, and to expand the jurisdiction of the Secretary to include firearm products and nonpowder firearms. [Introd...
18 H.Con.Res. 278 (rfs) Authorizing the use of the Capitol Grounds for the 19th annual National Peace Officers' Memorial Service. [Referred in Senate] ...
19 H.R. 5501 (ih) To amend title XVIII of the Social Security Act to preserve and provide for uniform coverage of drugs and biologicals under part B of the Medicare Program. [Introduced in House] ...
20 S. 2950 (is) To authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in the State of Colorado. [Introduced in Senate] ...
21 H.Res. 639 (rh) Providing for consideration of the bill (S. 2796) to provide for the [Reported in House] ...
22 H.R. 121 (ih) To amend the Internal Revenue Code of 1986 to allow a refundable credit to military retirees for premiums paid for coverage under Medicare part B. [Introduced in House] ...
23 H.R. 5417 (enr) To rename the Stewart B. McKinney Homeless Assistance Act as the ``McKinney-Vento Homeless Assistance Act''. [Enrolled bill] ...
24 H.R. 2605 (pp) Making appropriations for energy and water development for the fiscal year ending September 30, 2000, and for other purposes. [Public Print] ...
25 H.J.Res. 132 (ih) Proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct popular election of the President and Vice President of the United States. [Introduced in House] ...
26 H.R. 554 (ih) To amend the Internal Revenue Code of 1986 to allow rollover contributions to individual retirement plans from deferred compensation plans maintained by States and local governments and to allow State and local governments to maintain 401(k)...
27 S. 1469 (is) To amend the Community Development Banking and Financial Institutions Act of 1994 with respect to population outmigration levels in rural areas. [Introduced in Senate] ...
28 H.R. 3832 (ih) To amend the Internal Revenue Code of 1986 to provide tax benefits for small businesses, and for other purposes. ``Calendar Year Per Capita Limit Aggregate Limit [Introduced in House] ...
29 H.R. 3176 (ih) To direct the Secretary of the Interior to conduct a study to determine ways of restoring the natural wetlands conditions in the Kealia Pond National Wildlife Refuge, Hawaii. [Introduced in House] ...
30 S. 318 (is) To amend the Immigration and Nationality Act to facilitate the immigration to the United States of certain aliens born in the Philippines or Japan who were fathered by United States citizens. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy