111TH CONGRESS 

1ST SESSION S. 1472 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 1472 ES

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6 Nationality Act (8 U.S.C. 1103(h)) is repealed.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

14 Criminal Division of the Department of Justice with re15 sponsibility for the enforcement of laws against suspected 

16 participants in serious human rights offenses. 

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

18 authorized to— 

19 ‘‘(1) take appropriate legal action against indi20 viduals suspected of participating in serious human 

21 rights offenses; and 

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

23 United States Attorney for the relevant jurisdiction. 

24 ‘‘(c) The Attorney General shall, as appropriate, con25 sult with the Secretary of Homeland Security and the Sec26 retary of State. 
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1 ‘‘(d) In determining the appropriate legal action to 

2 take against individuals who are suspected of committing 

3 serious human rights offenses under Federal law, the sec4 tion shall take into consideration the availability of crimi5 nal prosecution under the laws of the United States for 

6 such offenses or in a foreign jurisdiction that is prepared 

7 to undertake a prosecution for the conduct that forms the 

8 basis for such offenses. 

9 ‘‘(e) The term ‘serious human rights offenses’ in10 cludes violations of Federal criminal laws relating to geno11 cide, torture, war crimes, and the use or recruitment of 

12 child soldiers under sections 1091, 2340, 2340A, 2441, 

13 and 2442 of title 18, United States Code.’’. 

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

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

16 States Code, is amended by inserting after the item relat17 ing to section 509A the following: 

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

18 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

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

20 States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘, in a circumstance de23 scribed in subsection (d)’’; and 

24 (B) by striking ‘‘or attempts to do so,’’; 
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1 (2) in subsection (c), by striking ‘‘in a cir2 cumstance described in subsection (d)’’; 

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

4 (4) by inserting after subsection (c) the fol5 lowing: 

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

7 attempts or conspires to commit an offense under this sec8 tion shall be punished in the same manner as a person 

9 who completes the offense. 

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

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

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

13 part within the United States; or 

14 ‘‘(2) regardless of where the offense is com15 mitted, the alleged offender is— 

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

17 that term is defined in section 101 of the Immi18 gration and Nationality Act (8 U.S.C. 1101)); 

19 ‘‘(B) an alien lawfully admitted for perma20 nent residence in the United States (as that 

21 term is defined in section 101 of the Immigra22 tion and Nationality Act (8 U.S.C. 1101)); 

23 ‘‘(C) a stateless person whose habitual res24 idence is in the United States; or 

25 ‘‘(D) present in the United States. 
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1 ‘‘(f) NONAPPLICABILITY OF CERTAIN LIMITA2 TIONS.—Notwithstanding section 3282, in the case of an 

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

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

5 (b) IMMIGRATION AND NATIONALITY ACT.—Section 

6 212(a)(3)(E)(ii) of the Immigration and Nationality Act 

7 (8 U.S.C. 1182(a)(3)(E)(ii)) is amended by striking ‘‘con8 duct outside the United States that would, if committed 

9 in the United States or by a United States national, be’’. 

10 (c) APPLICABILITY.—The amendments made by sub11 sections (b), (c), and (d) of the Child Soldiers Account12 ability Act of 2008 (Public Law 110–340) shall apply to 

13 offenses committed before, on, or after the date of the en14 actment of the Child Soldiers Accountability Act of 2008. 

15 (d) MATERIAL SUPPORT FOR GENOCIDE OR CHILD

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

17 United States Code, is amended by— 

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

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

20 2340A, or 2442’’. 

Passed the Senate November 21, 2009. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION S. 1472 

AN ACT 

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