[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10012-H10013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1115
                 JUSTICE FOR VICTIMS OF WAR CRIMES ACT

  Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 4240

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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
       ``(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 SPEAKER pro tempore (Ms. Garcia of Texas). Pursuant to the rule, 
the gentleman from New York (Mr. Nadler) and the gentleman from Ohio 
(Mr. Jordan) each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 4240.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, in the shadow of the Second World War, we joined with 
other nations to sign the four Geneva Conventions, fulfilling the 
promise of the Nuremberg trials to ensure that war criminals and 
perpetrators of crimes against humanity could and would be held 
accountable for their actions.
  Today, with passage of the Justice for Victims of War Crimes Act, we 
will close a dangerous loophole that has allowed this promise to ring 
hollow for some.
  Unfortunately, under current law, the United States can only 
prosecute people who have engaged in violations of international 
humanitarian law in cases where the alleged perpetrator or victim is a 
U.S. national or a member of the U.S. Armed Forces.
  As a result, even if a foreign national war criminal is located in 
the U.S., they cannot be prosecuted for their war crimes committed 
against other foreign nationals.
  Americans pride themselves on belonging to a country that presents 
itself to the world as a beacon of justice, a home for the persecuted, 
and an enforcer of peace, but because of this gap in our laws, the 
United States has become a safe haven for perpetrators of war crimes in 
international conflicts.
  This missing piece in our criminal laws constricts our ability to 
hold individuals accountable in conflicts arising around the world. For 
example, Russian oligarchs have found refuge in the United States and 
will continue to do so until the Justice for Victims of War Crimes Act 
becomes law.
  This legislation fixes a loophole in the 1996 War Crimes Act by 
permitting

[[Page H10013]]

U.S. authorities to prosecute foreign nationals who commit war crimes 
and who are then found in the United States.
  It also expands the statute of limitations in some cases since war 
criminals are often not discovered hiding in the United States until 
many years--sometimes decades--after their crimes.
  Passage of the Justice for Victims of War Crimes Act will demonstrate 
to the people of Ukraine, to our allies abroad, and to war criminals 
around the world that the United States will not allow those who commit 
atrocities to evade justice on our shores.
  I thank my colleagues, Senator Grassley, Senator Durbin, Congressman 
Cicilline, and Congresswoman Spartz, for their hard work in bringing 
this legislation to the floor.
  Madam Speaker, I urge all Members to support it, and I reserve the 
balance of my time.
  Mr. JORDAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, this bill would provide U.S. courts with jurisdiction 
over war criminals if the victim or offender is a U.S. national or a 
lawfully admitted permanent resident alien, a member of the Armed 
Forces of the United States, or otherwise present in the United States.
  In order for a case against one of these individuals to be 
prosecuted, the Attorney General or their designee must certify that 
the prosecution is in the public interest and necessary to secure 
substantial justice.
  We all agree that those who commit war crimes should be brought to 
justice, but this bill is not really that simple.
  This bill has had no process in the Judiciary Committee. We have had 
no hearings. We have heard from no witnesses. We have not fully 
examined the potential ramifications of the legislation.
  We don't know how this bill may align with the laws of foreign 
nations or if, by passing this bill, we may cause other countries to 
pass their own laws that would imperil our servicemembers or citizens 
around the world.
  We have not considered the standards that the Attorney General is 
directed to follow in certifying these prosecutions.
  If we have learned one thing in the Judiciary Committee this 
Congress, it is that the Biden Justice Department's definition of 
``public interest and substantial justice'' is radically different from 
most Americans.
  Does the Biden Justice Department believe it is in the public 
interest to conspire with Big Tech to stifle speech and censor views, 
as we have seen in recent disclosures?
  Does the Biden Justice Department believe that using the weight of 
Federal law enforcement to target concerned parents at school board 
meetings amounts to substantial justice?
  The standards in this bill are vague and unworkable, and I am 
concerned about how they may be abused by this Justice Department. The 
Judiciary Committee should have wrestled with these issues and others, 
but we never had the chance.
  Madam Speaker, for the reasons I cited in my opening statement, I 
urge a ``no'' vote, and I yield back the balance of my time.
  Mr. NADLER. Madam Speaker, I urge support for the bill for the 
reasons I stated in my opening statement, and I urge support for the 
bill. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Nadler) that the House suspend the rules 
and pass the bill, S. 4240.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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