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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4240 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 4240

_______________________________________________________________________

                                 AN ACT

 
 To amend section 2441 of title 18, United States Code, to broaden the 
      scope of individuals subject to prosecution for war crimes.

    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.''.

            Passed the Senate December 21, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 4240

_______________________________________________________________________

                                 AN ACT

 To amend section 2441 of title 18, United States Code, to broaden the 
      scope of individuals subject to prosecution for war crimes.
```