S. 1472 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Human Rights Enforcement 

Act of 2009’’. 

SEC. 2. SECTION TO ENFORCE HUMAN RIGHTS LAWS. 

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

Act (8 U.S.C. 1103(h)) is repealed. 

(b) SECTION TO ENFORCE HUMAN RIGHTS LAWS.—Chapter 31 

of title 28, United States Code, is amended by inserting after 

section 509A the following: 

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

‘‘(a) Not later than 90 days after the date of the enactment 

of the Human Rights Enforcement Act of 2009, the Attorney General 

shall establish a section within the Criminal Division of the Department of Justice with responsibility for the enforcement of laws 

against suspected participants in serious human rights offenses. 

‘‘(b) The section established under subsection (a) is authorized 

to— 

‘‘(1) take appropriate legal action against individuals suspected of participating in serious human rights offenses; and 

‘‘(2) coordinate any such legal action with the United States 

Attorney for the relevant jurisdiction. 

‘‘(c) The Attorney General shall, as appropriate, consult with 

the Secretary of Homeland Security and the Secretary of State. 

‘‘(d) In determining the appropriate legal action to take against 

individuals who are suspected of committing serious human rights 

offenses under Federal law, the section shall take into consideration 

the availability of criminal prosecution under the laws of the United 

States for such offenses or in a foreign jurisdiction that is prepared 

to undertake a prosecution for the conduct that forms the basis 

for such offenses. 

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

of Federal criminal laws relating to genocide, torture, war crimes, 

and the use or recruitment of child soldiers under sections 1091, 

2340, 2340A, 2441, and 2442 of title 18, United States Code.’’. 
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(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 31 of the title 28, United States Code, is amended 

by inserting after the item relating to section 509A the following: 

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

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

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

is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘, in a circumstance described in subsection (d)’’; and 

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

(2) in subsection (c), by striking ‘‘in a circumstance 

described in subsection (d)’’; 

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

(4) by inserting after subsection (c) the following: 

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

conspires to commit an offense under this section shall be punished 

in the same manner as a person who completes the offense. 

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

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

‘‘(1) the offense is committed in whole or in part within 

the United States; or 

‘‘(2) regardless of where the offense is committed, the 

alleged offender is— 

‘‘(A) 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)); 

‘‘(B) 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)); 

‘‘(C) a stateless person whose habitual residence is 

in the United States; or 

‘‘(D) present in the United States. 

‘‘(f) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—Notwithstanding section 3282, in the case of an offense under this section, 

an indictment may be found, or information instituted, at any 

time without limitation.’’. 

(b) IMMIGRATION AND NATIONALITY ACT.—Section 

212(a)(3)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(3)(E)(ii)) is amended by striking ‘‘conduct outside the United 

States that would, if committed in the United States or by a 

United States national, be’’. 

(c) APPLICABILITY.—The amendments made by subsections (b), 

(c), and (d) of the Child Soldiers Accountability Act of 2008 (Public 

Law 110–340) shall apply to offenses committed before, on, or 

after the date of the enactment of the Child Soldiers Accountability 

Act of 2008. 

(d) MATERIAL SUPPORT FOR GENOCIDE OR CHILD SOLDIER

RECRUITMENT.—Section 2339A(a) of title 18, United States Code, 

is amended by— 

(1) inserting ‘‘, 1091’’ after ‘‘956’’; and 
S. 1472—3 

(2) striking ‘‘, or 2340A’’ and inserting ‘‘, 2340A, or 2442’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.