[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1472 Reported in Senate (RS)]

                                                       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.

    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(8 U.S.C. 1103(h)) is repealed.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:
<DELETED>``Sec. 509B. Section to enforce human rights laws</DELETED>
<DELETED>    ``(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 to enforce human rights laws within 
the Criminal Division of the Department of Justice.</DELETED>
<DELETED>    ``(b) The section is authorized to--</DELETED>
        <DELETED>    ``(1) identify individuals who are suspected of 
        committing serious human rights offenses under Federal 
        law;</DELETED>
        <DELETED>    ``(2) take appropriate legal action, including 
        prosecution, denaturalization or extradition, against the 
        individuals identified pursuant to paragraph (1); and</DELETED>
        <DELETED>    ``(3) coordinate any such legal action with the 
        United States Attorney for the relevant jurisdiction.</DELETED>
<DELETED>    ``(c) The Attorney General shall consult with the 
Secretary of Homeland Security and the Secretary of State in making 
determinations regarding the prosecution, removal, denaturalization, 
extradition, or exclusion of naturalized citizens or aliens who are 
suspected of committing serious human rights offenses under Federal 
law.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) The term `serious human rights offenses under 
Federal law' includes--</DELETED>
        <DELETED>    ``(1) 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; and</DELETED>
        <DELETED>    ``(2) genocide, torture, extrajudicial killings, 
        Nazi persecution, or the use or recruitment of child soldiers, 
        as described in subparagraphs (E) and (G) of section 212(a)(3) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(3)).''.</DELETED>
``Sec. 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.''.
    (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.''.
<DELETED>    (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 ``ordered, incited, assisted, 
or otherwise participated in conduct outside the United States that 
would, if committed in the United States or by a United States 
national, be genocide, as defined in section 1091(a)'' and inserting 
``has engaged in genocide in violation of section 1091''.</DELETED>
    (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
            (2) striking ``, or 2340A'' and inserting ``, 2340A, or 
        2442''.
                                                       Calendar No. 209

111th CONGRESS

  1st Session

                                S. 1472

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 6, 2009

                        Reported with amendments