123STA T . 3 480PUBLIC LA W 111 – 122 —DE C. 22 , 200 9PublicLaw1 11 – 1 2 2 111 thCongres s A n Act Toestabli s h ase c tio nw ithin the Cr i m inal D i v ision o f the De p artment of Ju stice to enforce human ri g hts laws , to ma k e technical an d conforming amendments to criminal and immigration laws pertaining to human rights violations, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ Hu ma nR i g hts E n for cement Act of 20 0 9’ ’ . SEC. 2 . SECTION TO EN F ORCE H UMA NRI G HTS LA W S. ( a ) R EP E AL . —S ection 1 0 3 (h) of the I mmigration and N ationa l ity Act ( 8U .S. C . 1103(h)) is re p ealed. (b) SE CTION TO EN F O R CEH UM AN RI GH T SL A W S.—Chapter 31 of title 28 , United States Code, is amended by inserting after section 5 09A the follo w ing
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‘ §509B.Section to en f o r ce huma nri g ht sl a w s ‘‘(a) Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney G eneral shall establish a section within the Criminal D i v ision of the Depart - ment of J ustice with responsibility for the enforcement of laws against suspected participants in serious human rights offenses. ‘‘(b) The section established under subsection (a) is authori z ed to— ‘‘(1) ta k e 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 j urisdiction. ‘‘(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 F ederal 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, 23 4 0, 2340A, 2441, and 2442 of title 18, United States Code.’’. Consulta t i on .De a d line. E sta b lis hm ent. H uman R i g hts En f o rc ement A ct of 20 0 9 . 2 8US C 1 note. Dec. 22 , 2009 [ S.1 47 2 ]
