STATUTES

Intelligence Reform and Terrorism Prevention Act (IRTPA)

Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad

SEC. 5501. 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 enactment of this Act.

SEC. 5505. 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 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

S. 2845—105

‘‘(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 subtitle) in order to ensure that the Office of Special

Investigations fulfills its continuing obligations regarding Nazi

war criminals.