[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4983-S4984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2669. Mr. RISCH (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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 F of title XII, add the following:

     SEC. 1291. PROHIBITION OF WAR CRIMES PROSECUTION.

       (a) Short Title.--This section may be cited as the 
     ``Prohibiting International Criminal Court Prosecutions 
     Against Americans and Allies Act''.
       (b) In General.--Chapter 118 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2443. International Criminal Court

       ``(a) Offense.--It shall be unlawful for any person, acting 
     under the authority of the International Criminal Court or 
     another international organization to knowingly indict, 
     apprehend, detain, prosecute, convict, or participate in the 
     imposition or carrying out of any sentence or other penalty 
     on, any protected person in connection with any proceeding by 
     or before the International Criminal Court or another 
     international organization in which such protected person is 
     accused of a covered crime.
       ``(b) Criminal Penalty.--
       ``(1) In general.--Any person who violates subsection (a) 
     shall be fined not more than $5,000,000, imprisoned as 
     provided in paragraph (2), or both.
       ``(2) Prison sentence.--The maximum term of imprisonment 
     for an offense under this section is the greater of--
       ``(A) 5 years; or
       ``(B) the maximum term that could be imposed on the person 
     in a criminal proceeding described in subsection (a) with 
     respect to which such violation took place.

[[Page S4984]]

       ``(c) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over any offense under this 
     section.
       ``(d) Civil Remedy.--Any protected person who is aggrieved 
     by a violation of subsection (a) may, in a civil action, 
     obtain appropriate relief in a court of the United States, 
     including--
       ``(1) punitive damages; and
       ``(2) a reasonable attorney's fee as part of the costs.
       ``(e) Definitions.--In this section:
       ``(1) Covered crime.--The term `covered crime' means--
       ``(A) any offense that is cognizable before the 
     International Criminal Court or a judicial body of another 
     international organization as of the date of the enactment of 
     the Prohibiting International Criminal Court Prosecutions 
     Against Americans and Allies Act; and
       ``(B) any offense that becomes cognizable before the 
     International Criminal Court or a judicial body of another 
     international organization after such date of enactment, 
     effective on the date such offense becomes cognizable before 
     any such court.
       ``(2) Indict.--The term `indict' includes--
       ``(A) the formal submission of an order or request for the 
     prosecution or arrest of a protected person; and
       ``(B) the issuance of a warrant or other order for the 
     arrest of a protected person.
       ``(3) International criminal court.--The term 
     `International Criminal Court' means the court established by 
     the Rome Statute of the International Criminal Court adopted 
     by the United Nations Diplomatic Conference of 
     Plenipotentiaries on the Establishment of and International 
     Criminal Court on July 17, 1998.
       ``(4) International organization.--The term `international 
     organization' has the meaning given such term in section 
     1116(b)(5).
       ``(5) Protected person.--The term `protected person' 
     means--
       ``(A) any citizen or national of the United States, or any 
     other person employed by or working under the direction of 
     the United States Government; or
       ``(B) any citizen or national of Israel, or any other 
     person employed by or working under the direction of the 
     Government of Israel.''.
       (c) Clerical Amendment.--The chapter analysis in chapter 
     118 of title 18, United States Code, is amended by adding at 
     the end the following:

``2443. International Criminal Court.''.
                                 ______