II

106TH CONGRESS

1ST SESSION S. 1375

To amend the Immigration and Nationality Act to provide that aliens who

commit acts of torture 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 acts of genocide and torture

abroad.

IN THE SENATE OF THE UNITED STATES

JULY 15, 1999

Mr. LEAHY (for himself and Mr. KOHL) 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 provide

that aliens who commit acts of torture 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 acts

of genocide and torture abroad.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1375 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Anti-Atrocity Alien De3 portation Act’’.

4 SEC. 2. INADMISSIBILITY AND REMOVABILITY OF ALIENS

5 WHO HAVE COMMITTED ACTS OF TORTURE

6 ABROAD.

7 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the

8 Immigration and Nationality Act (8 U.S.C.

9 1182(a)(3)(E)) is amended by adding at the end the fol10 lowing:

11 ‘‘(iii) COMMISSION OF ACTS OF TOR12 TURE.—Any alien who, outside the United

13 States, has committed any act of torture,

14 as defined in section 2340 of title 18,

15 United States Code, is inadmissible.’’.

16 (b) REMOVABILITY.—Section 237(a)(4)(D) of that

17 Act (8 U.S.C. 1227(a)(4)(D)) is amended by striking

18 ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to offenses committed before, on,

21 or after the date of enactment of this Act.

22 SEC. 3. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN23 VESTIGATIONS.

24 (a) AMENDMENT OF THE IMMIGRATION AND NA25 TIONALITY ACT.—Section 103 of the Immigration and
3

•S 1375 IS

1 Nationality Act (8 U.S.C. 1103) is amended by adding

2 at the end the following:

3 ‘‘(g) The Attorney General shall establish within the

4 Criminal Division of the Department of Justice an Office

5 of Special Investigations with the authority of inves6 tigating, and, where appropriate, taking legal action to re7 move, denaturalize, or prosecute any alien found to be in

8 violation of clause (i), (ii), or (iii) of section

9 212(a)(3)(E).’’.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to the Department of Justice for the

13 fiscal year 2000 such sums as may be necessary to

14 carry out the additional duties established under sec15 tion 103(g) of the Immigration and Nationality Act

16 (as added by this Act) in order to ensure that the

17 Office of Special Investigations fulfills its continuing

18 obligations regarding Nazi war criminals.

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to paragraph (1) are authorized to

21 remain available until expended.

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