S.Amdt. 2669

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.''.
______