S.Amdt. 1469

1. Inserts new text on page 1603, line 25

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   Inserted: (d) Identification of Aliens Responsible for Gross Violations of Human Rights.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list identifying each alien who the President determines, based on credible information--

   Inserted: (A) planned, ordered, assisted, aided and abetted, committed or otherwise knowingly participated in, including through command responsibility, extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals seeking--

   Inserted: (i) to expose illegal activity carried out by government officials;

   Inserted: (ii) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, including--

   Inserted: (I) the freedoms of religion, expression, association, and assembly; and

   Inserted: (II) the rights to a fair trial and to democratic elections; or

   Inserted: (iii) acted as an agent of or on behalf of a person in a matter relating to an activity described in this subparagraph;

   Inserted: (B) planned, ordered, assisted, aided and abetted, committed or otherwise knowingly participated in, including through command responsibility, widespread or systematic violence against any civilian population based in whole or in part on race, color, descent, sex, disability, membership in an indigenous group, language, religion, political opinion, national origin, ethnicity, membership in a particular social group, birth, sexual orientation, or gender identity, or who attempted or conspired to commit an act described in this subparagraph; or

   Inserted: (C) planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, war crimes, crimes against humanity, or other serious violations of human rights, or who attempted or conspired to commit an act described in this subparagraph.

   Inserted: (2) Form of list.--

   Inserted: (A) In general.--Except as provided in subparagraph (B), the list required by paragraph (1) shall be submitted in unclassified form.

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   Inserted: (B) Classified annex.--The list required by paragraph (1) may include a classified annex if the President--

   Inserted: (i) determines that it is necessary for the national security interests of the United States to do so; and

   Inserted: (ii) before submitting the list including a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including each person in the classified annex.

   Inserted: (3) Duress.--The President shall not include an alien on the list required under paragraph (1) if the President determines that the alien's actions were committed under duress. In determining whether an alien was subject to duress, the President may consider relevant factors, including the age of the alien at the time such actions were committed.

   Inserted: (4) Updates.--The President shall submit to the appropriate congressional committees an update of the list required under paragraph (1) as additional relevant information becomes available.

   Inserted: (5) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required under paragraph (1), the President shall consider--

   Inserted: (A) information provided by the chairperson or ranking member of each of the appropriate congressional committees; and

   Inserted: (B) credible information obtained by other countries and nongovernmental organizations that monitor human rights abuses.

   Inserted: (6) Public availability.--

   Inserted: (A) In general.--Any unclassified portion of the list required under paragraph (1) shall be made available to the public and published in the Federal Register.

   Inserted: (B) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish any portion of the list described in subparagraph (A) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.

   Inserted: (7) Removal from list.--An alien may be removed from the list required under paragraph (1) if the President determines, and reports to the appropriate congressional committees not later than 15 days before the removal of the alien from the list, that--

   Inserted: (A) credible information exists that the alien did not engage in the activity for which the alien was added to the list; or

   Inserted: (B) the alien has been prosecuted appropriately for the activity in which the alien engaged.

   Inserted: (e) Inadmissibility.--

   Inserted: (1) Ineligibility for visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is on the list required by subsection (d)(1).

   Inserted: (2) Current visas revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under paragraph (1).

   Inserted: (3) Waiver for national security interests.--The Secretary of State may waive the application of paragraph (1) or (2) in the case of an alien if--

   Inserted: (A) the Secretary determines that such a waiver is in the national security interests of the United States; and

   Inserted: (B) before granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver.

   Inserted: (f) Regulatory Authority.--The President shall prescribe such regulations as may be necessary to carry out subsections (d) and (e), including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.

   Inserted: (g) Annual Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Homeland Security shall jointly submit to the appropriate congressional committees a report, in unclassified or classified form, that describes the actions taken to carry out this section, including--

   Inserted: (1) the number of persons added to or removed from the list required under section (d)(1) during the year preceding the report;

   Inserted: (2) the dates on which such persons were added or removed;

   Inserted: (3) the reasons for adding or removing such persons; and

   Inserted: (4) if few or no such persons have been added to the list during that year, the reasons for not adding more such persons to the list.

   Inserted: (h) Definitions.--In this section:

   Inserted: (1) Admitted; alien.--The terms "admitted" and "alien" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

   Inserted: (2) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and

   Inserted: (B) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.

   Original wording

   On page 1603, after line 25, add the following:

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