Home > 106th Congressional Bills > S. 711 (es) To allow for the investment of joint Federal and State funds from the civil settlement of damages from the Exxon Valdez oil spill, and for other purposes. [Engrossed in Senate] ...

S. 711 (es) To allow for the investment of joint Federal and State funds from the civil settlement of damages from the Exxon Valdez oil spill, and for other purposes. [Engrossed in Senate] ...


Google
 
Web GovRecords.org







                                                       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 

Pages: 1 2 Next >>

Other Popular 106th Congressional Bills Documents:

1 S. 2953 (is) To amend title 38, United States Code, to improve outreach programs carried out by the Department of Veterans Affairs to provide for more fully informing veterans of benefits available to them under laws administered by the Secretary of Veter...
2 H.R. 3417 (eh) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Engrossed in House] ...
3 S. 2554 (is) To amend title XI of the Social Security Act to prohibit the display of an individual's social security number for commercial purposes without the consent of the individual. [Introduced in Senate] ...
4 H.R. 4286 (rs) To provide for the establishment of the Cahaba River National Wildlife Refuge in Bibb County, Alabama. [Reported in Senate] ...
5 S. 441 (is) To amend the National Trails System Act to designate the route of the War of 1812 British invasion of Maryland and Washington, District of Columbia, and the route of the American defense, for study for potential addition to the national trails...
6 S.Con.Res. 41 (is) Expressing the sense of the Congress regarding the treatment of religious minorities in the Islamic Republic of Iran, and particularly the recent arrests of members of that country's Jewish community. [Introduced in Senate] %%Filename:...
7 H.R. 2981 (enr) To extend energy conservation programs under the Energy Policy and Conservation Act through March 31, 2000. [Enrolled bill] ...
8 S. 381 (is) To allow certain individuals who provided service to the Armed Forces of the United States in the Philippines during World War II to receive a reduced SSI benefit after moving back to the Philippines. [Introduced in Senate] ...
9 S. 322 (is) To amend title 4, United States Code, to add the Martin Luther King Jr. holiday to the list of days on which the flag should especially be displayed. [Introduced in Senate] ...
10 S. 1453 (eah) [Engrossed Amendment House] ...
11 H.J.Res. 83 (eh) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Engrossed in House] ...
12 H.R. 4719 (ih) To amend the Internal Revenue Code of 1986 to encourage charitable contributions to public charities for use in medical research. [Introduced in House] ...
13 H.R. 5225 (ih) To revise the boundaries of the Richmond National Battlefield Park [Introduced in House] ...
14 H.R. 1906 (eh) Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. [Engrossed in House] ...
15 H.Con.Res. 245 (rds) To correct technical errors in the enrollment of the bill H.R. 764. [Received in the Senate] ...
16 H.R. 5398 (eh) To provide that land which is owned by the Coushatta Tribe of Louisiana but which is not held in trust by the United States for the Tribe may be leased or transferred by the Tribe without further approval by the United States. [Engrossed in...
17 H.R. 2961 (rfs) To amend the Immigration and Nationality Act to authorize a 3-year [Referred in Senate] ...
18 H.R. 2506 (eh) To amend title IX of the Public Health Service Act to revise and extend the Agency for Health Care Policy and Research. [Engrossed in House] ...
19 H.R. 4420 (ih) To reauthorize the Southwestern Pennsylvania Heritage Preservation Commission, and for other purposes. [Introduced in House] ...
20 H.Res. 321 (eh) [Engrossed in House] ...
21 S. 1818 (is) To amend title II of the Elementary and Secondary Education Act of 1965 to provide grants for master teacher programs. [Introduced in Senate] ...
22 H.R. 2163 (rh) To designate the United States courthouse located at 500 Pearl Street in New York City, New York, as the ``Ted Weiss United States Courthouse''. [Reported in House] ...
23 S. 785 (rcs) For the relief of Frances Schochenmaier. [Reference Change Senate] ...
24 H.R. 3519 (enr) To provide for negotiations for the creation of a trust fund to be administered by the International Bank for Reconstruction and Development or the International Development Association to combat the AIDS epidemic. [Enrolled bill] %%Filena...
25 H.R. 4629 (ih) To amend title 23, United States Code, to require States to providing Federal highway funds for projects in high priority corridors, and for other purposes. [Introduced in House] ...
26 S. 3071 (is) To provide for the appointment of additional Federal circuit and district judges, and for other purposes. [Introduced in Senate] ...
27 H.Res. 677 (ath) Expressing the commitment of the Members of the House of Representatives to fostering a productive and collegial partnership with the 43rd President. [Agreed to House] ...
28 H.R. 4425 (enr) Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. [Enrolled bill] ...
29 H.Con.Res. 281 (eh) [Engrossed in House] ...
30 H.Con.Res. 242 (ih) To urge the Nobel Commission to award the year 2000 Nobel Prize for Peace to former United States Senator George J. Mitchell for his dedication to fostering peace in Northern Ireland. [Introduced in House] ...


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