[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S9713-S9714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     
     
                      JUSTICE FOR VICTIMS OF WAR CRIMES ACT
     
       Mr. DURBIN. Mr. President, as if in legislative session, I ask 
     unanimous consent that the Committee on the Judiciary be discharged 
     from further consideration of S. 4240 and the Senate proceed to its 
     immediate consideration.
       The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
     title.
       The senior assistant legislative clerk read as follows:
     
            A bill (S. 4240) to amend section 2441 of title 18, United 
          States Code, to broaden the scope of individuals subject to 
          prosecution for war crimes.
     
       There being no objection, the committee was discharged and the Senate 
     proceeded to consider the bill.
       Mr. DURBIN. Mr. President, I ask unanimous consent that the Durbin 
     substitute amendment be agreed to; that the bill, as amended, be 
     considered read a third time and passed; and the motion to reconsider 
     be considered made and laid upon the table.
       The ACTING PRESIDENT pro tempore. Without objection, it is so 
     ordered.
       The amendment (No. 6590), in the nature of a substitute, was agreed 
     to as follows:
     
                     (Purpose: In the nature of a substitute)
     
             Strike all after the enacting clause and insert the 
          following:
     
          SECTION 1. SHORT TITLE.
     
            This Act may be cited as the ``Justice for Victims of War 
          Crimes Act''.
     
          SEC. 2. 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
     
     [[Page S9714]]
     
            ``(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.--
            ``(1) In general.--No prosecution for an offense described 
          in subsection (a) shall be undertaken by the United 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.
            ``(2) Offender present in united states.--For an offense 
          for which jurisdiction exists under subsection (b)(2)(B) (and 
          does not exist under any other provision of subsection (b)), 
          the written certification required under paragraph (1) of 
          this subsection that a prosecution by the United States is in 
          the public interest and necessary to secure substantial 
          justice shall be made by the Attorney General or the Deputy 
          Attorney General, which function may not be delegated. In 
          issuing such certification, the same official shall weigh and 
          consider, among other relevant factors--
            ``(A) whether the alleged offender can be removed from the 
          United States for purposes of prosecution in another 
          jurisdiction; and
            ``(B) potential adverse consequences for nationals, 
          servicemembers, or employees of the United States.
            ``(g) Input From Other Agency Heads.--The Secretary of 
          Defense and Secretary of State may submit to the Attorney 
          General for consideration their views generally regarding 
          potential benefits, or potential adverse consequences for 
          nationals, servicemembers, or employees of the United States, 
          of prosecutions of offenses for which jurisdiction exists 
          under subsection (b)(2)(B).
            ``(h) No Judicial Review.--Certifications under subsection 
          (f) and input from other agency heads under subsection (g) 
          are not subject to judicial review.
            ``(i) Rules of Construction.--Nothing in this section shall 
          be construed as--
            ``(1) support for ratification of or accession to the Rome 
          Statute of the International Criminal Court, which entered 
          into force on July 1, 2002; or
            ``(2) consent by the United States to any assertion or 
          exercise of jurisdiction by any international, hybrid, or 
          foreign court.''.
     
       The bill (S. 4240), as amended, was ordered to be engrossed for a 
     third reading, was read the third time, and passed.
       Mr. DURBIN. Mr. President, I will come to the floor later this 
     morning or early this afternoon to discuss this bill, which Senator 
     Graham joined me in cosponsoring, to say the United States should never 
     be a safe haven for war criminals, regardless of where they committed 
     their crimes. I will speak to that at a later moment.
     
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