[DOCID: f:hr468.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-468
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GENOCIDE ACCOUNTABILITY ACT OF 2007
_______
December 4, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2489]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2489) to amend section 1091 of title 18, United States
Code, to allow the prosecution of genocide in appropriate
circumstances, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 2489, the ``Genocide Accountability Act of 2007,''
strengthens the ability of the United States to prosecute
perpetrators of genocide by amending title 18 of the United
States Code to establish Federal criminal jurisdiction over the
crime of genocide, wherever the crime is committed. The Act
would close a procedural loophole in current law that does not
permit the United States Department of Justice to prosecute
non-Americans in United States courts for genocide committed
abroad.
Background and Need for the Legislation
In 1948, the United Nations General Assembly adopted the
``Convention on the Prevention and Punishment of the Crime of
Genocide.''\1\ As its title suggests, the treaty imposes two
core obligations on participating states. First, state parties
must undertake efforts to prevent genocide. Second, state
parties must commit to punish genocide as well as certain
related acts, such as attempting to commit genocide.\2\ While
the Genocide Convention requires state parties to do all they
can to prevent genocide within their own borders, the states'
duty to prevent genocide does not stop at their own borders.
Wherever genocide occurs, it engages other nations'
responsibility to act. Simply put, the Genocide Convention
charges State parties to take effective action to prevent
genocide or, when prevention has failed, to bring its murderous
violence to a swift and certain end.\3\
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\1\International Convention on the Prevention and Punishment of the
Crime of Genocide, Dec. 9, 1948, 78 U.N.T.S. 277, 280 [hereinafter
Genocide Convention].
\2\See id. at art. I.
\3\See id. at art. VIII; see also Genocide and the Rule of Law:
Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security
of the H. Comm. on the Judiciary, 110th Cong. (2007) (testimony of
Diane Orentlicher).
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The United Nations' passage of the Convention Against
Torture in 1984 and the Convention on Enforced Disappearances
in 2006 created new requirements for nations, in addition to
those outlined in the Genocide Convention.\4\ The new
obligations ask that member nations exercise jurisdiction over
any individuals suspected of committing acts of genocide, in
cases where the crime is committed: ``(1) in their territory;
(2) by one of their nationals; (3) against one of their
nationals; or (4) outside their territory when the alleged
perpetrator is in their territory and he or she is not
extradited for trial to another State or transferred to an
international tribunal.'' In response to the new conditions,
several nations subsequently altered their genocide laws to
reflect the Convention changes. As revised, their laws more
effectively permit prosecution of many alleged perpetrators of
genocide who previously used those nations as safe havens.
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\4\See Torture Convention Implementation, 18 U.S.C. Sec. Sec. 2340-
2340B; International Convention for the Protection of All Persons from
Enforced Disappearance 2006, GA Res. 61/177, Dec. 20, 2006, A/RES/61/
177; 14 IHRR 582 (2007).
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The United States was the first Nation to sign the Genocide
Convention in 1948. While the crime of genocide has been
recognized as part of international law by the United States
for nearly sixty years, it was not until 1987 that the
``Proxmire Act'' was enacted to bring our Nation's law into
conformity with the Genocide Convention.\5\ When read together
with other provisions of the Federal criminal code concerning
conspiracy and complicity, the Proxmire Act addresses the
explicit obligations set forth in the Genocide Convention
concerning prosecution of genocide and related criminal acts in
United States courts. In addition, the Proxmire Act makes it a
Federal crime for a United States national to commit genocide
anywhere.\6\
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\5\Genocide Convention Implementation Act of 1987, 18 U.S.C.
Sec. Sec. 1091-1093.
\6\Id.
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Because current U.S. law lacks an extraterritorial
jurisdiction clause for genocide, the Justice Department may
not indict an individual for genocide committed outside the
United States, even if the victim is an American citizen,
unless the perpetrator is a United States national. Instead,
the Department of Justice has to use other tools to pursue
perpetrators of genocide.\7\
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\7\The Justice Department can use its resources to deport or deny
entry to human rights violators, extradite war criminals to their home
countries (often through the Immigration and Nationality Act, but only
if the United States has an extradition treaty with the nation), and
prosecute individuals for offenses such as visa fraud, unlawful
procurement of naturalization, and making false statements.
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The use of extraterritorial jurisdiction provisions within
our criminal code is not uncommon. There are criminal law
provisions concerning torture,\8\ providing material support to
terrorists,\9\ prohibiting the financing of terrorism,\10\ and
a host of other crimes that apply to perpetrators found in the
United States, even if they are not United States nationals and
did not commit their crimes in the United States. This
legislation provides for similar extraterritorial jurisdiction
for crimes of genocide.
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\8\18 U.S.C. Sec. 2340A.
\9\18 U.S.C. Sec. 2339B.
\10\Id.
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On July 22, 2004, the House of Representatives passed H.
Con. Res. 467, which recognized genocide as then occurring in
the Darfur region of Sudan. As Congress considers this
legislation, the genocide in Darfur is an ongoing crime. This
legislation will strengthen the reach of U.S. laws to prosecute
any individuals found in our Nation who have taken part in such
acts of genocide, in Darfur or anywhere else.
Hearings
The Subcommittee on Crime, Terrorism, and Homeland Security
held 1 day of hearings on H.R. 2489 on October 23, 2007.
Testimony was received from Eli Rosenbaum, Director, Office of
Special Investigations, Criminal Division, United States
Department of Justice; Diane F. Orentlicher, Professor,
Washington College of Law, American University; Jerry Fowler,
Director, Committee on Conscience, United States Holocaust
Memorial Museum; and Gayle Smith, Senior Fellow, Center for
American Progress.
Committee Consideration
On November 1, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill,
H.R. 2489, favorably reported by voice vote, a quorum being
present. On November 7, 2007, the Committee met in open session
and ordered the bill, H.R. 2489, favorably reported by voice
vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 2489.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2489, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 9, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2489, the
``Genocide Accountability Act of 2007.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 2489--Genocide Accountability Act of 2007.
CBO estimates that implementing H.R. 2489 would have no
significant cost to the federal government. Enacting the bill
could affect direct spending and revenues, but CBO estimates
that any such effects would not be significant.
H.R. 2489 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
H.R. 2489 would broaden the coverage of current laws
against genocide. The bill would establish federal jurisdiction
over those crimes wherever they occur (existing law covers
incidents within the United States). As a result, under the
bill the government would be able to pursue cases that it
otherwise would not be able to prosecute. We expect that H.R.
2489 would apply to a relatively small number of offenders,
however, so any increase in costs for law enforcement, court
proceedings, or prison operations would not be significant. Any
such costs would be subject to the availability of appropriated
funds.
Because those prosecuted and convicted under H.R. 2489
could be subject to criminal fines, the federal government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, then deposited in the
Crime Victims Fund, and later spent. CBO expects that any
additional revenues and direct spending would not be
significant because of the small number of cases affected.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Theresa Gullo, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2489 is intended to strengthen the ability of the United States
to prosecute perpetrators of genocide who are found in the
United States.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clause 18 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2489 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
Sec. 1. Short Title. This section sets forth the short
title of the bill as the ``Genocide Accountability Act of
2007.''
Sec. 2. Genocide. This section, while leaving unchanged the
elements of the crime of genocide, applicable punishments under
current law, and any defenses available to those charged, makes
technical amendments to section 1091(d) of title 18 of the
United States Code to clarify and extend its jurisdictional
reach.
Section 1091(d)(1), covering genocidal acts committed in
the United States, is amended to clarify that it applies
whether those acts are committed completely or only partially
in the United States. Section 1091(d)(2), unchanged, covers
alleged offenders who are United States nationals. New section
1091(d)(3) covers alleged offenders who are aliens lawfully
admitted for permanent residence in the United States. New
section 1091(d)(4) covers alleged offenders who are stateless
individuals whose habitual residence is in the United States.
And new section 1091(d)(5) covers alleged offenders physically
present in the United States after the alleged genocidal act
occurred. Paragraphs (2)-(5) apply regardless of where the
genocidal act was committed.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 1091 OF TITLE 18, UNITED STATES CODE
Sec. 1091. Genocide
(a) * * *
* * * * * * *
[(d) Required Circumstance for Offenses.--The circumstance
referred to in subsections (a) and (c) is that--
[(1) the offense is committed within the United
States; or
[(2) the alleged offender is a national of the
United States (as defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).]
(d) Required Circumstance for Offenses.--The circumstance
referred to in subsections (a) and (c) is that--
(1) the offense is committed in whole or in part
within the United States;
(2) the alleged offender is a national of the
United States (as that term is defined in section 101
of the Immigration and Nationality Act (8 U.S.C.
1101));
(3) the alleged offender is an alien lawfully
admitted for permanent residence in the United States
(as that term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101));
(4) the alleged offender is a stateless person
whose habitual residence is in the United States; or
(5) after the conduct required for the offense
occurs, the alleged offender is brought into, or found
in, the United States, even if that conduct occurred
outside the United States.
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