,,ii #aagth ,,congress #b;d ,session ,s4 #djba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #f1 #bjbb,mr4 ,grassley 7for himself and ,mr4 ,graham7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to expand the grounds of inadmissibility and deportability for human rights violators4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,human ,rights ,violators ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,human ,rights ,violators and ,war ,crimes ,center4,sec4 #c4 ,grounds of inadmissibility and deportability for persecutors and war criminals4,sec4 #d4 ,inadmissibility and deportability for participation in female genital mutilation4,sec4 #e4 ,statute of limitations for visa1 naturalization1 and other fraud offenses involving human rights violations4,sec4 #f4 ,visa security and national security fee4,sec4 #g4 ,u4,s4 ,citizenship and ,immigration ,services access to criminal history records4 #b4 ,human ,rights ,violators and ,war ,crimes ,center 7a7 ,establishment ,the ,secretary of ,homeland ,security shall-- 7#a7 establish the ,human ,rights ,violators and ,war ,crimes ,center 7referred to in this section as the ,center7 within ,u4,s4 ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations2 and 7#b7 appoint a ,director from ,homeland ,security ,investigations to head the ,center4 7b7 ,duties ,the ,director of the ,center 7referred to in this section as the ,director7 shall-- 7#a7 coordinate efforts to prevent the admission of foreign war crimes suspects1 persecutors1 and human rights abusers into the ,united ,states2 7#b7 identify and investigate individuals who have been involved in1 or responsible for1 the commission of human rights abuses throughout the world and are within the jurisdiction of the ,united ,states2 7#c7 support the ,office of the ,principal ,legal ,advisor's litigation of the removal proceedings of aliens implicated in human rights violations or war crimes2 7#d7 coordinate with the ,office of the ,principal ,advisor and ,enforcement and ,removal ,operations to carry out the removal of individuals referred to in paragraphs 7#b7 and 7#c71 to the extent possible2 7#e7 represent ,u4,s4 ,immigration and ,customs ,enforcement while working with the ,national ,security ,council and other relevant government agencies in the development of programs for the prevention of mass atrocities2 7#f7 conduct and coordinate training with other domestic and international law enforcement agencies on investigative best practices to develop and expand the capability of such agencies to identify1 investigate1 and prosecute individuals who-- 7,a7 engage in genocide1 torture1 the recruitment and use of child soldiers1 war crimes1 female genital mutilation1 or severe violations of religious freedom2 7,b7 provide material support to terrorists or organizations that engage in genocide1 torture1 or the recruitment and use of child soldiers2 or 7,c7 are human rights violators and engage in immigration fraud2 7#g7 coordinate with other government agencies in the investigation of individuals whose actions should subject them to relevant travel and financial sanctions2 7#h7 collect and integrate information regarding infringement of human rights and war crimes from domestic and international law enforcement agencies and other non-,federal sources2 7#i7 receive and organize information regarding infringement of human rights and war crimes from agencies and sources referred to in paragraph 7#h72 7#aj7 disseminate information regarding the infringement of human rights and war crimes to other ,federal agencies1 as appropriate1 to the extent authorized under relevant ,united ,states laws1 regulations1 directives1 and policies2 7#aa7 coordinate with the offices of ,united ,states ,attorneys to develop expertise in1 and assist with the investigation and prosecution of1 crimes relating to the abuse of human rights and war crimes2 and 7#ab7 carry out such other duties as the ,secretary of ,homeland ,security may assign to the ,director4 7c7 ,coordination with other agencies ,in carrying out the duties described in subsection 7b71 the ,director shall coordinate with any ,federal1 ,state1 local1 or international law enforcement agencies that the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 considers appropriate4 #c4 ,grounds of inadmissibility and deportability for persecutors and war criminals 7a7 ,definitions ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f77 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aj7 one who1 at any time1 has ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 4 7b7 ,grounds of inadmissibility ,section #bab of such ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7a77#c77;,e7-- 7,a7 in the subparagraph header1 by striking nazi2 7,b7 in clause 7iii77,,ii71 by striking of any foreign nation2 and 7,c7 by adding at the end the following3 7iv7 ,color of law ,in this subparagraph and in section #bcg7;a77#d77;,d7 only1 acting under color of law includes acts taken as part of an armed group exercising de facto authority over any territory for any period of time4 7v7 ,persecutors ,any alien who ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion is inadmissible4 7vi7 ,war crimes ,any alien who ordered1 incited1 assisted1 or otherwise participated in war crimes 7as defined in subsections 7c7 and 7d77#a7 7except subparagraph 7,a77 of section #bdda of title #ah1 ,united ,states ,code71 including offenders who have been lawfully admitted for permanent residence1 offenders who are present in the ,united ,states1 and offenders who are stateless persons whose habitual residence is in the ,united ,states1 is inadmissible 2 and 7#b7 in subsection 7d77#c77;,a71 by striking and clauses 7i7 and 7ii7 of paragraph each place such phrase appears4 7c7 ,grounds of deportability ,section #bcg7;a77#d77;,d7 of such ,act 7#h ,u4,s4,c4 #bcg7;a77#d77;,d77 is amended-- 7#a7 in the subparagraph header1 by striking nazi2 and 7#b7 by striking or 7iii7 and inserting 7iii71 7v71 or 7vi744 7d7 ,voluntary departure ,section #bdj;,b of such ,act 7#h ,u4,s4,c4 #abbi;c7 is amended-- 7#a7 in subsection 7a77#a71 by striking deportable under section #bcg7;a77#b77;,a77iii7 or section #bcg7;a77#d77;,b7 and inserting deportable under paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a71 or inadmissible under subparagraph 7,e7 or 7,g7 of section #bab7;a77#c72 and 7#b7 in subsection 7b77#a77;,c71 by striking deportable under section #bcg7;a77#b77;,a77iii7 or section #bcg7;a77#d7 and inserting deportable under paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a71 or inadmissible under subparagraph 7,e7 or 7,g7 of section #bab7;a77#c74 7e7 ,adjustment of status ,section #bde7;c7 of such ,act 7#h ,u4,s4,c4 #abee7;c77 is amended-- 7#a7 in paragraph 7#f71 by striking 7,b72 7#b7 in paragraph 7#g71 by striking or at the end2 and 7#c7 in paragraph 7#h71 by striking the period at the end and inserting 2 7#i7 any alien who at any time has ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7#aj7 any alien who is inadmissible under section #bab7;a77#c77;,e77vi744 7f7 ,aiding or assisting certain aliens ,to enter the ,united ,states ,section #bgg of such ,act 7#h ,u4,s4,c4 #acbg7 is amended by striking 7other than subparagraph 7,e7 thereof74 7g7 ,applicability ,the amendments made by subsections 7a7 through 7e7 shall apply to offenses committed before1 on1 or after the date of the enactment of this ,act4 #d4 ,inadmissibility and deportability for participation in female genital mutilation 7a7 ,inadmissibility ,section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77 is amended by adding at the end the following3 7,h7 ,participation in female genital mutilation ,any alien who has ordered1 incited1 solicited1 funded1 assisted1 or otherwise participated in female genital mutilation is inadmissible4 4 7b7 ,deportability ,section #bcg7;a77#d7 of such ,act 7#h ,u4,s4,c4 #abbg 7a77#d77 is amended by adding at the end the following3 7,g7 ,participation in female genital mutilation ,any alien who has ordered1 incited1 solicited1 funded1 assisted1 or otherwise participated in female genital mutilation is deportable4 4 7c7 ,savings provision ,nothing in the amendments made by this section may be construed to limit the applicability of grounds of inadmissibility or removal to conduct occurring before the date of the enactment of this ,act4 #e4 ,statute of limitations for visa1 naturalization1 and other fraud offenses involving human rights violations 7a7 ,statute of limitations for visa fraud and other offenses ,chapter #bac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ccjb4 ,fraud in connection with certain human rights violations 7a7 ,in general ,a person shall be prosecuted1 tried1 or punished for violation of any provision of section #ajja1 #ajae1 #adbe1 #aedf1 #afba1 or #cbia1 or for attempt or conspiracy to violate any provision of such sections1 if-- 7#a7 the fraudulent conduct1 misrepresentation1 concealment1 or fraudulent1 fictitious1 or false statement concerns the alleged offender's-- 7,a7 participation1 at any time1 at any place1 and regardless of the nationality of the alleged offender or any victim1 in a human rights violation2 or 7,b7 membership in1 service in1 or authority over a military1 paramilitary1 or law enforcement organization that participated in such conduct during any part of any period in which the alleged offender was a member of1 served in1 or had authority over the organization2 and 7#b7 the indictment is found or the information is instituted not later than #bj years after such conduct4 7b7 ,definitions 7#a7 ,human rights violation ,in this section1 the term human rights violation means extrajudicial killing1 female genital mutilation1 genocide1 particularly severe violations of religious freedom1 persecution1 torture1 the use or recruitment of child soldiers1 or war crimes4 7#b7 ,related definitions ,in paragraph 7#a7-- 7,a7 the term extrajudicial killing means conduct described in section #bab7;a77#c77;,e77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77iii772 7,b7 the term female genital mutilation means conduct described in section #aaf2 7,c7 the term genocide means conduct described in subsections 7a71 7c71 and 7e7 of section #ajia2 7,d7 the term particularly severe violation of religious freedom means conduct described in section #c7ac7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fdjb7ac772 7,e7 the term persecution means conduct described in section #bab7;a77#c77;,e77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77v772 7,f7 the term torture means conduct described in paragraphs 7#a7 and 7#b7 of section #bcdj2 7,g7 the term use or recruitment of child soldiers means conduct described in subsections 7a7 and 7d7 of section #bddb2 and 7,h7 the term war crimes means conduct described in subsections 7c7 and 7d77#a7 of section #bdda4 4 7b7 ,clerical amendment ,the table of sections for chapter #bac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ccjb4 ,fraud in connection with certain human rights violations4 4 7c7 ,effective date ,the amendments made by this section shall apply to fraudulent conduct1 misrepresentations1 concealments1 and fraudulent1 fictitious1 or false statements made or committed on or after the date of the enactment of this ,act4 #f4 ,visa security and national security fee 7a7 ,in general 7#a7 ,authorization ,the ,secretary of ,homeland ,security is authorized to charge a visa security and national security fee to nonimmigrant visa applicants4 7#b7 ,collection ,the ,secretary of ,state1 at the request of1 and in coordination with1 the ,secretary of ,homeland ,security1 is authorized to collect the fee authorized under paragraph 7#a7 simultaneously with the fees authorized under section #adj of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiid and #aiie 7,public ,law #ajc-bcf2 #h ,u4,s4,c4 #acea note7 and section #ajc of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agac71 on behalf of the ,secretary of ,homeland ,security-- 7,a7 to conduct pre-adjudication reviews and screenings of visa applications against appropriate criminal1 national security1 and terrorism databases maintained by the ,federal ,government2 7,b7 to carry out other support activities authorized under section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e772 7,c7 to identify1 arrest1 and remove terrorists1 human rights violators1 and national security threats from the ,united ,states2 and 7,d7 for other purposes4 7b7 ,amount of fee ,the total amount of fees charged pursuant to subsection 7a77#a7 shall be sufficient to cover the annual costs to conduct the activities authorized under subsection 7a77#b71 the activities authorized under section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 and related activities4 7c7 ,deposit of fees ,fees collected under subsection 7a77#b7-- 7#a7 shall be deposited into the ,immigration ,examinations ,fee ,account established under section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 in the ,treasury of the ,united ,states2 and 7#b7 shall remain available until expended for the ,secretary of ,homeland ,security to carry out the activities described in subsection 7b74 7d7 ,reimbursement 7#a7 ,in general ,the ,secretary of ,homeland ,security shall reimburse expenses incurred by the ,secretary of ,state to collect the fee authorized under subsection 7a77#a74 7#b7 ,use of reimbursed funds ,reimbursements received pursuant to paragraph 7#a7-- 7,a7 shall be deposited into the appropriate ,department of ,state account1 as identified by the ,secretary of ,state2 and 7,b7 shall remain available until expended to cover expenses described in paragraph 7#a74 7e7 ,annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter on or before ,october #a1 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies1 shall submit a report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives that identifies1 for the reporting period-- 7#a7 the number of aliens denied visas under ,homeland ,security ,investigation's ,visa ,security ,program2 7#b7 the number of aliens inadmissible to or removed from the ,united ,states for violating section #aaf of title #ah1 ,united ,states ,code 7relating to female genital mutilation72 and 7#c7 the number of aliens inadmissible to or removed from the ,united ,states as terrorists1 human rights violators1 persecutors1 or national security threats4 #g4 ,u4,s4 ,citizenship and ,immigration ,services access to criminal history records 7a7 ,in general ,in addition to any other access to criminal history records authorized for noncriminal justice purposes under the ,national ,criminal ,history ,access and ,child ,protection ,act 7#cd ,u4,s4,c4 #djcaa et seq471 the ,attorney ,general and the ,director of the ,federal ,bureau of ,investigation shall provide the ,secretary of ,homeland ,security1 for purposes relating to immigration and naturalization matters1 with-- 7#a7 direct access to criminal history records without submission of positive identification1 including name check access to the ,interstate ,identification ,index ,system2 and 7#b7 access to sealed record information and any other criminal history information on the same terms as are provided to an agency performing a criminal justice or law enforcement purpose4 7b7 ,rule of construction ,terms used in subsection 7a7 shall have the meanings provided under section #bac of the ,national ,criminal ,history ,access and ,child ,protection ,act 7#cd ,u4,s4,c4 #djcab74