I

107TH CONGRESS

1ST SESSION H. R. 1449

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

commit acts of torture or war crimes 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 or acts

of genocide or torture abroad.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. FOLEY (for himself and Mr. ACKERMAN) 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 or war crimes

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 or acts of genocide or torture

abroad.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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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 OR WAR CRIMES 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 OR WAR CRIMES.—Any alien who,

13 outside the United States, has

14 committed—

15 ‘‘(I) any act of torture, as de16 fined in section 2340 of title 18,

17 United States Code; or

18 ‘‘(II) any war crime, as defined

19 in section 2441(c) of title 18, United

20 States Code;

21 is inadmissible.’’.

22 (b) REMOVABILITY.—Section 237(a)(4)(D) of such

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

24 ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

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

3 or after the date of the enactment of this Act.

4 SEC. 3. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN5 VESTIGATIONS.

6 (a) AMENDMENT OF THE IMMIGRATION AND NA7 TIONALITY ACT.—Section 103 of the Immigration and

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

9 at the end the following:

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

11 Criminal Division of the Department of Justice an Office

12 of Special Investigations with the authority of inves13 tigating, and, where appropriate, taking legal action to re14 move, denaturalize, or prosecute any alien found to be in

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

16 212(a)(3)(E).’’.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—

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

19 appropriated to the Department of Justice for the

20 fiscal year 2002 such sums as may be necessary to

21 carry out the additional duties established under sec22 tion 103(g) of the Immigration and Nationality Act

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

24 Office of Special Investigations fulfills its continuing

25 obligations regarding Nazi war criminals.
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1 (2) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to paragraph (1) are authorized to

3 remain available until expended.

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