Human Rights Enforcement Act of 2009
PL 111-122 (S.1472), enacted 12/22/2009

123 STAT. 3480 
PUBLIC LAW 111–122—DEC. 22, 2009 
Public Law 111–122 
111th Congress 
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Act (8 U.S.C. 1103(h)) is repealed.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 Depart-
ment 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 sus-
pected 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.’’. 
Consultation. 
Deadline. 
Establishment. 
Human Rights 
Enforcement Act 
of 2009. 
28 USC 1 note. 
Dec. 22, 2009 
[S. 1472] 
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123 STAT. 3481 
PUBLIC LAW 111–122—DEC. 22, 2009 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 sub-
section (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 resi-
dence 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.—Notwith-
standing 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 
8 USC 1182 note. 
Penalty. 
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123 STAT. 3482 
PUBLIC LAW 111–122—DEC. 22, 2009 
LEGISLATIVE HISTORY—S. 1472: 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
Nov. 21, considered and passed Senate. 
Dec. 15, considered and passed House. 
(2) striking ‘‘, or 2340A’’ and inserting ‘‘, 2340A, or 2442’’. 
Approved December 22, 2009. 
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