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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4240 Enrolled Bill (ENR)]

        S.4240

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```