[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2387-S2388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 193. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 title X, add the following:

            Subtitle H--Crimes Against Humanity and Torture

     SEC. 1091. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 25 the following:

                 ``CHAPTER 25A--CRIMES AGAINST HUMANITY

``Sec.
``515. Crimes against humanity.

     ``Sec. 515. Crimes against humanity

       ``(a) Offense.--It shall be unlawful for any person to 
     commit, or attempt or conspire to commit, as part of a 
     widespread or systematic attack directed against any civilian 
     population, and with knowledge of the attack or with intent 
     that the conduct be part of the attack--
       ``(1) conduct that, if it occurred in the United States or 
     in the special maritime and territorial jurisdiction of the 
     United States, would violate--
       ``(A) section 1581(a) (relating to peonage);
       ``(B) section 1583(a)(1) (relating to kidnapping or 
     carrying away individuals for involuntary servitude or 
     slavery);
       ``(C) section 1584(a) (relating to sale into involuntary 
     servitude);
       ``(D) section 1589(a) (relating to forced labor);
       ``(E) section 1590(a) (relating to trafficking with respect 
     to peonage, slavery, involuntary servitude, or forced labor);
       ``(F) section 1111 (relating to murder);
       ``(G) section 1591(a) (relating to sex trafficking of 
     children or by force, fraud, or coercion);
       ``(H) section 2241 (relating to aggravated sexual abuse by 
     force, threat, or other means);
       ``(I) section 2242 (relating to sexual abuse);
       ``(J) section 1201(a)(relating to kidnapping), without 
     regard to whether the offender is the parent of the victim;
       ``(K) section 1203(a) (relating to hostage taking), 
     notwithstanding any exception under subsection (b) of that 
     section; or
       ``(L) section 2340A (relating to torture), whether or not 
     committed under the color of law; or
       ``(2) conduct that would, regardless of whether the conduct 
     occurred in the context of an armed conflict, constitute--
       ``(A) cruel or inhuman treatment, as described in section 
     2441(d)(1)(B);
       ``(B) performing biological experiments, as described in 
     section 2441(d)(1)(C);
       ``(C) mutilation or maiming, as described in section 
     2441(d)(1)(E); or
       ``(D) intentionally causing serious bodily injury, as 
     described in section 2441(d)(1)(F).
       ``(b) Penalty.--Any person who violates subsection (a)--
       ``(1) shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(2) if the death of any person results, shall be fined 
     under this title and imprisoned for any term of years or for 
     life.
       ``(c) Jurisdiction.--There is jurisdiction over an offense 
     under subsection (a) if--

[[Page S2388]]

       ``(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 alleged offender is--
       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence, regardless of--

       ``(I) nationality at the time of the alleged offense;
       ``(II) whether the alleged offender had been granted that 
     status at the time of the alleged offense; and
       ``(III) whether the alleged offender was entitled to that 
     status; or

       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the alleged offender is present in the United States, 
     regardless of the nationality of the victim or alleged 
     offender.
       ``(d) Nonapplicability of Certain Limitations.--
     Notwithstanding section 3282, in the case of an offense under 
     this section, an indictment may be found or an information 
     may be instituted at any time without limitation.
       ``(e) 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 (c)(2)(B) (and 
     does not exist under any other provision of subsection (c)), 
     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.
       ``(f) 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 (c)(2)(B).
       ``(g) No Judicial Review.--Certifications under subsection 
     (e) and input from other agency heads under subsection (f) 
     are not subject to judicial review.
       ``(h) No Limitation on Conduct in Accordance With the Law 
     of War.--Nothing in this section shall be construed to 
     penalize conduct--
       ``(1) to which the law of war applies;
       ``(2) that is undertaken during and in the context of an 
     armed conflict; and
       ``(3) that is not prohibited by the law of war.
       ``(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.
       ``(j) Definitions.--In this section:
       ``(1) Alien; lawfully admitted for permanent residence; 
     national of the united states.--The terms `alien', `lawfully 
     admitted for permanent residence', and `national of the 
     United States' have the meanings given those terms in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(2) Armed force or group.--The term `armed force or 
     group'--
       ``(A) means any military, militia, paramilitary, security 
     force, or similar organization or group that takes up arms, 
     whether or not the entity is state-sponsored; and
       ``(B) does not include any group assembled for the purpose 
     of nonviolent association.
       ``(3) Intentionally targets any civilian population as 
     such.--The term `intentionally targets any civilian 
     population as such' does not include conduct undertaken 
     during and in the context of an armed conflict that results 
     in death, damage, or injury incident to a lawful attack 
     targeting a military objective.
       ``(4) Widespread or systematic attack directed against any 
     civilian population.--The term `widespread or systematic 
     attack directed against any civilian population' means a 
     course of conduct that--
       ``(A) involves the multiple commission of acts referred to 
     in subsection (a);
       ``(B) intentionally targets any civilian population as 
     such; and
       ``(C) is pursuant to or in furtherance of a policy, plan, 
     or program of a state or armed force or group to commit acts 
     described in subparagraph (A).''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 25 the following:

``25A. Crimes against humanity...............................515''.....

     SEC. 1092. TORTURE OF A UNITED STATES NATIONAL.

       Section 2340A(b)(1) of title 18, United States Code, is 
     amended by inserting ``or victim'' after ``offender''.
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