[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5907-S5908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6380. Mr. GRASSLEY (for himself, Mr. Durbin, Mr. Graham, Mr. 
Leahy, Mr. Blunt, and Mr. Coons) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. WAR CRIMES.

       Section 2441 of title 18, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Jurisdiction.--There is jurisdiction over an offense 
     described in subsection (a) if--
       ``(1) the offense occurs in whole or in part within the 
     United States; or
       ``(2) regardless of where the offense occurs--
       ``(A) the victim or offender is--
       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence; or
       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the offender is present in the United States, 
     regardless of the nationality of the victim or offender.''; 
     and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Certain Limitations.--In the case 
     of an offense described in subsection (a) and further 
     described in subsections (c)(1) and (c)(3), an indictment may 
     be found or an information may be instituted at any time 
     without limitation.
       ``(f) Certification Requirement.--No prosecution for an 
     offense described in subsection (a) shall be undertaken by 
     the United

[[Page S5908]]

     States except on written certification of the Attorney 
     General, the Deputy Attorney General, or an Assistant 
     Attorney General, which function of approving prosecutions 
     may not be delegated, that a prosecution by the United States 
     is in the public interest and necessary to secure substantial 
     justice. For an offense for which jurisdiction exists under 
     subsection (b)(2)(B), the same official shall weigh and 
     consider whether the alleged offender can be removed from the 
     United States for purposes of prosecution in another 
     jurisdiction.''.
                                 ______