II 

Calendar No. 209 

111TH CONGRESS 

1ST SESSION S. 1472 

To establish a section within the Criminal Division of the Department of 

Justice to enforce human rights laws, to make technical and conforming 

amendments to criminal and immigration laws pertaining to human 

rights violations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2009 

Mr. DURBIN (for himself, Mr. COBURN, Mr. LEAHY, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

NOVEMBER 6, 2009 

Reported by Mr. LEAHY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To establish a section within the Criminal Division of the 

Department of Justice to enforce human rights laws, 

to make technical and conforming amendments to criminal and immigration laws pertaining to human rights 

violations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

•S 1472 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Human Rights En3 forcement Act of 2009’’. 

4 SEC. 2. SECTION TO ENFORCE HUMAN RIGHTS LAWS. 

5 (a) REPEAL.—Section 103(h) of the Immigration and 

6 Nationality Act (8 U.S.C. 1103(h)) is repealed. 

7 (b) SECTION TO ENFORCE HUMAN RIGHTS LAWS.— 

8 Chapter 31 of title 28, United States Code, is amended 

9 by inserting after section 509A the following: 

10 ‘‘§ 509B. Section to enforce human rights laws 

11 ‘‘(a) Not later than 90 days after the date of the en12 actment of the Human Rights Enforcement Act of 2009, 

13 the Attorney General shall establish a section to enforce 

14 human rights laws within the Criminal Division of the De15 partment of Justice. 

16 ‘‘(b) The section is authorized to— 

17 ‘‘(1) identify individuals who are suspected of 

18 committing serious human rights offenses under 

19 Federal law; 

20 ‘‘(2) take appropriate legal action, including 

21 prosecution, denaturalization or extradition, against 

22 the individuals identified pursuant to paragraph (1); 

23 and 

24 ‘‘(3) coordinate any such legal action with the 

25 United States Attorney for the relevant jurisdiction. 


hsrobinson on DSK69SOYB1PROD with BILLS
3 

•S 1472 RS

1 ‘‘(c) The Attorney General shall consult with the Sec2 retary of Homeland Security and the Secretary of State 

3 in making determinations regarding the prosecution, re4 moval, denaturalization, extradition, or exclusion of natu5 ralized citizens or aliens who are suspected of committing 

6 serious human rights offenses under Federal law. 

7 ‘‘(d) In determining the appropriate legal action to 

8 take against individuals who are suspected of committing 

9 serious human rights offenses under Federal law, the sec10 tion shall take into consideration the availability of crimi11 nal prosecution under the laws of the United States for 

12 such offenses or in a foreign jurisdiction that is prepared 

13 to undertake a prosecution for the conduct that forms the 

14 basis for such offenses. 

15 ‘‘(e) The term ‘serious human rights offenses under 

16 Federal law’ includes— 

17 ‘‘(1) violations of Federal criminal laws relating 

18 to genocide, torture, war crimes, and the use or re19 cruitment of child soldiers under sections 1091, 

20 2340, 2340A, 2441, and 2442 of title 18, United 

21 States Code; and 

22 ‘‘(2) genocide, torture, extrajudicial killings, 

23 Nazi persecution, or the use or recruitment of child 

24 soldiers, as described in subparagraphs (E) and (G) 


hsrobinson on DSK69SOYB1PROD with BILLS
4 

•S 1472 RS

1 of section 212(a)(3) of the Immigration and Nation2 ality Act (8 U.S.C. 1182(a)(3)).’’. 

3 ‘‘§ 509B. Section to enforce human rights laws 

4 ‘‘(a) Not later than 90 days after the date of the enact5 ment of the Human Rights Enforcement Act of 2009, the 

6 Attorney General shall establish a section within the Crimi7 nal Division of the Department of Justice with responsi8 bility for the enforcement of laws against suspected partici9 pants in serious human rights offenses. 

10 ‘‘(b) The section established under subsection (a) is au11 thorized to— 

12 ‘‘(1) take appropriate legal action against indi13 viduals suspected of participating in serious human 

14 rights offenses; and 

15 ‘‘(2) coordinate any such legal action with the 

16 United States Attorney for the relevant jurisdiction. 

17 ‘‘(c) The Attorney General shall, as appropriate, con18 sult with the Secretary of Homeland Security and the Sec19 retary of State. 

20 ‘‘(d) In determining the appropriate legal action to 

21 take against individuals who are suspected of committing 

22 serious human rights offenses under Federal law, the section 

23 shall take into consideration the availability of criminal 

24 prosecution under the laws of the United States for such 

25 offenses or in a foreign jurisdiction that is prepared to unVerDate Nov 24 2008 20:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1472.RS S1472

hsrobinson on DSK69SOYB1PROD with BILLS
5 

•S 1472 RS

1 dertake a prosecution for the conduct that forms the basis 

2 for such offenses. 

3 ‘‘(e) The term ‘serious human rights offenses’ includes 

4 violations of Federal criminal laws relating to genocide, 

5 torture, war crimes, and the use or recruitment of child sol6 diers under sections 1091, 2340, 2340A, 2441, and 2442 of 

7 title 18, United States Code.’’. 

8 (c) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 31 of the title 28, United 

10 States Code, is amended by inserting after the item relat11 ing to section 509A the following: 

‘‘Sec. 509B. Section to enforce human rights laws.’’. 

12 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

13 (a) GENOCIDE.—Section 1091 of title 18, United 

14 States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘, in a circumstance de17 scribed in subsection (d)’’; and 

18 (B) by striking ‘‘or attempts to do so,’’; 

19 (2) in subsection (c), by striking ‘‘in a cir20 cumstance described in subsection (d)’’; 

21 (3) by striking subsection (d) and (e); and 

22 (4) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) ATTEMPT AND CONSPIRACY.—Any person who 

25 attempts or conspires to commit an offense under this secVerDate Nov 24 2008 20:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.RS S1472

hsrobinson on DSK69SOYB1PROD with BILLS
6 

•S 1472 RS

1 tion shall be punished in the same manner as a person 

2 who completes the offense. 

3 ‘‘(e) JURISDICTION.—There is jurisdiction over the 

4 offenses described in subsections (a), (c), and (d) if— 

5 ‘‘(1) the offense is committed in whole or in 

6 part within the United States; or 

7 ‘‘(2) regardless of where the offense is com8 mitted, the alleged offender is— 

9 ‘‘(A) a national of the United States (as 

10 that term is defined in section 101 of the Immi11 gration and Nationality Act (8 U.S.C. 1101)); 

12 ‘‘(B) an alien lawfully admitted for perma13 nent residence in the United States (as that 

14 term is defined in section 101 of the Immigra15 tion and Nationality Act (8 U.S.C. 1101)); 

16 ‘‘(C) a stateless person whose habitual res17 idence is in the United States; or 

18 ‘‘(D) present in the United States. 

19 ‘‘(f) NONAPPLICABILITY OF CERTAIN LIMITA20 TIONS.—Notwithstanding section 3282, in the case of an 

21 offense under this section, an indictment may be found, 

22 or information instituted, at any time without limitation.’’. 

23 (b) IMMIGRATION AND NATIONALITY ACT.—Section 

24 212(a)(3)(E)(ii) of the Immigration and Nationality Act 

25 (8 U.S.C. 1182(a)(3)(E)(ii)) is amended by striking ‘‘orVerDate Nov 24 2008 20:45 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1472.RS S1472

hsrobinson on DSK69SOYB1PROD with BILLS
7 

•S 1472 RS

1 dered, incited, assisted, or otherwise participated in con2 duct outside the United States that would, if committed 

3 in the United States or by a United States national, be 

4 genocide, as defined in section 1091(a)’’ and inserting 

5 ‘‘has engaged in genocide in violation of section 1091’’. 

6 (b) IMMIGRATION AND NATIONALITY ACT.—Section 

7 212(a)(3)(E)(ii) of the Immigration and Nationality Act 

8 (8 U.S.C. 1182(a)(3)(E)(ii)) is amended by striking ‘‘con9 duct outside the United States that would, if committed in 

10 the United States or by a United States national, be’’. 

11 (c) APPLICABILITY.—The amendments made by sub12 sections (b), (c), and (d) of the Child Soldiers Account13 ability Act of 2008 (Public Law 110–340) shall apply to 

14 offenses committed before, on, or after the date of the en15 actment of the Child Soldiers Accountability Act of 2008. 

16 (d) MATERIAL SUPPORT FOR GENOCIDE OR CHILD

17 SOLDIER RECRUITMENT.—Section 2339A(a) of title 18, 

18 United States Code, is amended by— 

19 (1) inserting ‘‘, 1091’’ after ‘‘956’’; and 

20 (2) striking ‘‘, or 2340A’’ and inserting ‘‘, 

21 2340A, or 2442’’. 


hsrobinson on DSK69SOYB1PROD with BILLS
Calendar No. 209 

111TH CONGRESS 

1ST SESSION S. 1472 

A BILL 

To establish a section within the Criminal Division 

other purposes. pertaining to human rights violations, and for amendments to criminal and immigration laws rights laws, to make technical and conforming of the Department of Justice to enforce human 

NOVEMBER 6, 2009 

Reported with amendments 


hsrobinson on DSK69SOYB1PROD with BILLS