II 

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 and Mr. COBURN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Human Rights En5 forcement Act of 2009’’. 


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

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

3 Nationality Act (8 U.S.C. 1103(h)) is repealed. 

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

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

6 by inserting after section 509A the following: 

7 ‘‘§ 509B. Section to enforce human rights laws 

8 ‘‘(a) Not later than 90 days after the date of the en9 actment of the Human Rights Enforcement Act of 2009, 

10 the Attorney General shall establish a section to enforce 

11 human rights laws within the Criminal Division of the De12 partment of Justice. 

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

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

15 committing serious human rights offenses under 

16 Federal law; 

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

18 prosecution, denaturalization or extradition, against 

19 the individuals identified pursuant to paragraph (1); 

20 and 

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

22 United States Attorney for the relevant jurisdiction. 

23 ‘‘(c) The Attorney General shall consult with the Sec24 retary of Homeland Security and the Secretary of State 

25 in making determinations regarding the prosecution, re26 moval, denaturalization, extradition, or exclusion of natuVerDate Nov 24 2008 00:57 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472

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1 ralized citizens or aliens who are suspected of committing 

2 serious human rights offenses under Federal law. 

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

4 take against individuals who are suspected of committing 

5 serious human rights offenses under Federal law, the sec6 tion shall take into consideration the availability of crimi7 nal prosecution under the laws of the United States for 

8 such offenses or in a foreign jurisdiction that is prepared 

9 to undertake a prosecution for the conduct that forms the 

10 basis for such offenses. 

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

12 Federal law’ includes— 

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

14 to genocide, torture, war crimes, and the use or re15 cruitment of child soldiers under sections 1091, 

16 2340, 2340A, 2441, and 2442 of title 18, United 

17 States Code; and 

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

19 Nazi persecution, or the use or recruitment of child 

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

21 of section 212(a)(3) of the Immigration and Nation22 ality Act (8 U.S.C. 1182(a)(3)).’’. 

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

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


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1 States Code, is amended by inserting after the item relat2 ing to section 509A the following: 

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

3 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

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

5 States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘, in a circumstance de8 scribed in subsection (d)’’; and 

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

10 (2) in subsection (c), by striking ‘‘in a cir11 cumstance described in subsection (d)’’; 

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

13 (4) by inserting after subsection (c) the fol14 lowing: 

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

16 attempts or conspires to commit an offense under this sec17 tion shall be punished in the same manner as a person 

18 who completes the offense. 

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

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

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

22 part within the United States; or 

23 ‘‘(2) regardless of where the offense is com24 mitted, the alleged offender is— 


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

2 that term is defined in section 101 of the Immi3 gration and Nationality Act (8 U.S.C. 1101)); 

4 ‘‘(B) an alien lawfully admitted for perma5 nent residence in the United States (as that 

6 term is defined in section 101 of the Immigra7 tion and Nationality Act (8 U.S.C. 1101)); 

8 ‘‘(C) a stateless person whose habitual res9 idence is in the United States; or 

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

11 ‘‘(f) NONAPPLICABILITY OF CERTAIN LIMITA12 TIONS.—Notwithstanding section 3282, in the case of an 

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

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

15 (b) IMMIGRATION AND NATIONALITY ACT.—Section 

16 212(a)(3)(E)(ii) of the Immigration and Nationality Act 

17 (8 U.S.C. 1182(a)(3)(E)(ii)) is amended by striking ‘‘or18 dered, incited, assisted, or otherwise participated in con19 duct outside the United States that would, if committed 

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

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

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

23 (c) APPLICABILITY.—The amendments made by sub24 sections (b), (c), and (d) of the Child Soldiers Account25 ability Act of 2008 (Public Law 110–340) shall apply to 


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1 offenses committed before, on, or after the date of the en2 actment of the Child Soldiers Accountability Act of 2008. 

3 (d) MATERIAL SUPPORT FOR GENOCIDE OR CHILD

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

5 United States Code, is amended by— 

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

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

8 2340A, or 2442’’. 

Æ 


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