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.
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