[Congressional Record (Bound Edition), Volume 155 (2009), Part 21]
[Senate]
[Pages 28789-28790]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  HUMAN RIGHTS ENFORCEMENT ACT OF 2009

  Mr. BROWN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 209, S. 1472.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported by the Judiciary committee with amendments, as 
follows:
  [Strike the parts printed in boldface brackets and insert the part 
printed in Italic]

                                S. 1472

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     Nationality Act (8 U.S.C. 1103(h)) is repealed.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

     [``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 to enforce human 
     rights laws within the Criminal Division of the Department of 
     Justice.
       [``(b) The section is authorized to--
       [``(1) identify individuals who are suspected of committing 
     serious human rights offenses under Federal law;
       [``(2) take appropriate legal action, including 
     prosecution, denaturalization or extradition, against the 
     individuals identified pursuant to paragraph (1); and
       [``(3) coordinate any such legal action with the United 
     States Attorney for the relevant jurisdiction.
       [``(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.
       [``(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 under 
     Federal law' includes--
       [``(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
       [``(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)).''.]

     ``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.''.
       [(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''.]
       (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''.

  Mr. LEAHY. Mr. President, I am always looking for ways in which we 
can improve the investigation and prosecution of international human 
rights abusers, including those who seek safe haven in the United 
States. That is what led me to develop and fight for several years to 
enact the Anti-Atrocity Alien Deportation Act, which became law in 
2004. That is what I did in supporting and implementing legislation for 
the Convention Against Torture. That is what I have done in my work on 
the State and Foreign Operations Appropriations Subcommittee.
  It is vital that the United States reclaim its historic role as a 
world leader on issues of human rights. President Obama and Secretary 
Clinton are working hard to make that a reality. I worked in the last 
Congress to create the Judiciary Subcommittee on Human Rights and the 
Law, and to reconstitute it again this Congress. I have worked closely 
with Senator Durbin as he has ably chaired it.
  This country should not provide a refuge for those who commit human 
rights violations. Congress took an important step when we passed the 
Anti-

[[Page 28790]]

Atrocity Alien Deportation Act. That statute closed loopholes in our 
immigration law, making it easier to keep out perpetrators of human 
rights abuses, and to deport those who are already here. It established 
by statute the Office of Special Investigations, OSI, within the 
Department of Justice, an office that previously existed only under the 
discretionary authority of the Attorney General. The Anti-Atrocity 
Alien Deportation Act expanded OSI's mission from denaturalizing Nazi 
war criminals, to investigating, extraditing, or denaturalizing any 
alien who participated in genocide, torture, or extrajudicial killing 
abroad. This law has prompted, among other accomplishments, the 
deportation of Kelbessa Negewo to Ethiopia, where he is now serving a 
life sentence for torture and multiple killings.
  The Human Rights Enforcement Act of 2009, a bill which I was pleased 
to cosponsor, builds on the foundation created by the Anti-Atrocity 
Alien Deportation Act. It seeks to improve our ability to identify and 
prosecute human rights abusers. It proposes consolidating two sections 
within the Department of Justice: the Office of Special Investigations, 
and the Domestic Security Section, which is charged with criminally 
prosecuting human rights abusers.
  This bill also amends a section of the Immigration and Nationality 
Act that makes those who ordered, incited, assisted, or otherwise 
participated in genocide, as defined in section 1091(a) of title 18, 
United States Code, inadmissible, and therefore ineligible for the 
protection of our asylum laws. This bill does not alter our intent, 
which the Supreme Court has repeatedly recognized, that asylum laws are 
meant to implement our obligations under the 1967 United Nations 
Protocol Relating to the Status of Refugees. Like our asylum laws, that 
international treaty bars those who have committed a crime against 
peace, a war crime, or a crime against humanity from qualifying as a 
refugee.
  During its last term, in Negusie v. Holder, the Supreme Court, in an 
8-1 decision, held that nearly identical language barring those who 
``ordered, incited, assisted, or otherwise participated in the 
persecution'' of others from the benefits of our asylum laws did not 
automatically disqualify those whose conduct was coerced or otherwise 
the product of duress. Individuals who have been forced to commit such 
crimes under duress have been determined to be exempt from that bar by 
both the United Nations High Commissioner for Refugees Handbook and by 
nations that have interpreted the Refugee Convention and Protocol. This 
bill is consistent with that interpretation.
  It is vital that the United States reclaim its historic role as a 
world leader on issues of human rights. We can support the work of 
President Obama and members of his cabinet, who are working hard to 
make that a reality. I am pleased that the Senate will pass the Human 
Rights Enforcement Act of 2009.
  Mr. BROWN. Mr. President, I ask unanimous consent the committee-
reported amendments be agreed to, the bill, as amended, be read a third 
time and passed, the motions to reconsider be laid upon the table, with 
no intervening action or debate, and that any statements be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 1472), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follow:

                                S. 1472

       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:

     ``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.''.
       (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''.

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