S.Amdt. 193

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''.
______