[111th Congress Public Law 122]
[From the U.S. Government Printing 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(8 U.S.C. 1103(h)) is repealed.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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