[111th Congress Public Law 122]
[From the U.S. Government Publishing Office]
[[Page 3479]]
HUMAN RIGHTS ENFORCEMENT ACT OF 2009
[[Page 123 STAT. 3480]]
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. <<NOTE: Dec. 22, 2009 - [S.
1472]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Human Rights
Enforcement Act of 2009. 28 USC 1 note.>>
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(8 U.S.C. 1103(h)) is repealed.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 <<NOTE: Deadline. Establishment.>> 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 <<NOTE: Consultation.>> 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.''.
[[Page 123 STAT. 3481]]
(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 <<NOTE: Penalty.>> 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 <<NOTE: 8 USC 1182 note.>> .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
[[Page 123 STAT. 3482]]
(2) striking ``, or 2340A'' and inserting ``, 2340A, or
2442''.
Approved December 22, 2009.
LEGISLATIVE HISTORY--S. 1472:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Nov. 21, considered and passed Senate.
Dec. 15, considered and passed House.
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