[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4484 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4484

      To impose sanctions with respect to foreign persons of the 
  International Criminal Court engaged in any effort to investigate, 
arrest, detain, or prosecute any protected person of the United States 
                and its allies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2024

  Mr. Cotton (for himself, Mr. McConnell, Mr. Risch, Mr. Graham, Mr. 
    Scott of South Carolina, Mr. Rubio, Mr. Cruz, Ms. Collins, Mr. 
 Sullivan, and Mr. Ricketts) introduced the following bill; which was 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
      To impose sanctions with respect to foreign persons of the 
  International Criminal Court engaged in any effort to investigate, 
arrest, detain, or prosecute any protected person of the United States 
                and its allies, and for other purposes.

    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 ``Illegitimate Court Counteraction 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States and Israel are not parties to the 
        Rome Statute or members of the International Criminal Court, 
        and therefore the International Criminal Court has no 
        legitimacy or jurisdiction over the United States or Israel.
            (2) On May 20, 2024, the Prosecutor of the International 
        Criminal Court, Karim Khan, announced arrest warrant 
        applications for Israeli Prime Minister Benjamin Netanyahu and 
        Minister of Defense Yoav Gallant and should be condemned in the 
        strongest possible terms.
            (3) The bipartisan American Servicemembers' Protection Act 
        (22 U.S.C. 7421 et seq.) was enacted in 2002 to protect United 
        States military personnel, United States officials, and 
        officials and military personnel of certain allied countries 
        against criminal prosecution by an international criminal court 
        to which the United States is not party, stating, ``In addition 
        to exposing members of the Armed Forces of the United States to 
        the risk of international criminal prosecution, the Rome 
        Statute creates a risk that the President and other senior 
        elected and appointed officials of the United States Government 
        may be prosecuted by the International Criminal Court.''.
            (4) The International Criminal Court's actions against 
        Israel are illegitimate and baseless, including the preliminary 
        examination and investigation of Israel and applications for 
        arrest warrants against Israeli officials, which create a 
        damaging precedent that threatens the United States, Israel, 
        and all United States partners who have not submitted to the 
        International Criminal Court's jurisdiction.
            (5) The United States must oppose any action by the 
        International Criminal Court against the United States, Israel, 
        or any other ally of the United States that has not consented 
        to International Criminal Court jurisdiction or is not a state 
        party to the Rome Statute.

SEC. 3. SANCTIONS WITH RESPECT TO THE INTERNATIONAL CRIMINAL COURT.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, and on an ongoing basis thereafter, if the 
International Criminal Court is engaging in any attempt to investigate, 
arrest, detain, or prosecute any protected person, the President shall 
impose--
            (1) the sanctions described in subsection (b) with respect 
        to any foreign person the President determines--
                    (A) has directly engaged in or otherwise aided any 
                effort by the International Criminal Court to 
                investigate, arrest, detain, or prosecute a protected 
                person;
                    (B) has materially assisted, sponsored, or provided 
                financial, material, or technological support for, or 
                goods or services to or in support of any effort by the 
                International Criminal Court to investigate, arrest, 
                detain, or prosecute a protected person; or
                    (C) is owned or controlled by, or is currently 
                acting or purports to have acted, directly or 
                indirectly, for or on behalf of any person that 
                directly engages in any effort by the International 
                Criminal Court to investigate, arrest, detain, or 
                prosecute a protected person; and
            (2) the sanctions described in subsection (b)(2) with 
        respect to the immediate family members of each foreign person 
        who is subject to sanctions pursuant to paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection with respect to a foreign person described in subsection (a) 
are the following:
            (1) Property blocking.--The President shall exercise all of 
        the powers granted by the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to 
        block and prohibit all transactions in all property and 
        interests in property of any foreign person described in 
        subsection (a)(1) if such property and interests in property 
        are in the United States, come within the United States, or are 
        or come within the possession or control of a United States 
        person.
            (2) Aliens inadmissible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--In the case of an 
                alien described in subsection (a), the alien is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of an alien described in 
                        subparagraph (A) shall be revoked, regardless 
                        of when such visa or other entry documentation 
                        was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
    (d) Notification to Congress.--Not later than 10 days after any 
imposition of sanctions pursuant to subsection (a), the President shall 
brief and provide written notification to the appropriate congressional 
committees regarding the imposition of sanctions that shall include--
            (1) a description of the foreign person or persons subject 
        to the imposition of such sanctions, including the foreign 
        person's role at or relation to the International Criminal 
        Court;
            (2) a description of any activity undertaken by such 
        foreign person or persons in support of efforts to investigate, 
        arrest, detain, or prosecute any protected person; and
            (3) the specific sanctions imposed on such foreign person 
        or persons.
    (e) Waiver.--
            (1) In general.--The President may, on a case-by-case basis 
        and for periods not to exceed 90 days each, waive the 
        application of sanctions imposed or maintained with respect to 
        a foreign person under this section if the President submits to 
        the appropriate congressional committees before the waiver is 
        to take effect a report that contains a determination of the 
        President that the waiver is vital to the national security 
        interests of the United States.
            (2) Contents.--Each report required by paragraph (1) with 
        respect to a waiver of the application of sanctions imposed or 
        maintained with respect to a foreign person under this section, 
        or the renewal of such a waiver, shall include--
                    (A) a specific and detailed rationale for the 
                determination that the waiver is vital to the national 
                security interests of the United States;
                    (B) a description of the activity that resulted in 
                the foreign person being subject to sanctions; and
                    (C) a detailed description and list of actions the 
                United States has taken to--
                            (i) stop the International Criminal Court 
                        from engaging in any effort to investigate, 
                        arrest, detain, or prosecute all protected 
                        persons; and
                            (ii) permanently close, withdraw, end, or 
                        otherwise terminate any preliminary 
                        examination, investigation, or any other effort 
                        to investigate, arrest, detain, or prosecute 
                        all protected persons.
            (3) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex.
    (f) Special Rule.--The President may terminate the sanctions with 
respect to the foreign persons described in subsection (a) if the 
President certifies in writing to the appropriate congressional 
committees that the International Criminal Court--
            (1) has ceased engaging in any effort to investigate, 
        arrest, detain, or prosecute all protected persons; and
            (2) has permanently closed, withdrawn, ended, and otherwise 
        terminated any preliminary examination, investigation, or any 
        other effort by the International Criminal Court to 
        investigate, arrest, detain, or prosecute all protected 
        persons.

SEC. 4. RESCISSION OF FUNDS FOR INTERNATIONAL CRIMINAL COURT.

    (a) In General.--Effective on the date of the enactment of this 
Act, any amounts appropriated for the International Criminal Court and 
available for obligation as of such date of enactment are hereby 
rescinded.
    (b) Prohibition on Future Appropriations.--On and after the date of 
the enactment of this Act, no appropriated funds may be used for the 
International Criminal Court.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Admitted alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Ally of the united states.--The term ``ally of the 
        United States'' means--
                    (A) a government of a member country of the North 
                Atlantic Treaty Organization; or
                    (B) a government of a major non-NATO ally, as that 
                term is defined by section 2013(7) of the American 
                Service-Members' Protection Act (22 U.S.C. 7432(7)).
            (3) Appropriate congressional committees defined.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on the Judiciary of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on the 
                Judiciary of the House of Representatives.
            (4) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (5) Immediate family member.--The term ``immediate family 
        member'', with respect to a foreign person, means the spouse, 
        parent, sibling, or adult child of the person.
            (6) International criminal court; rome statute.--The terms 
        ``International Criminal Court'' and ``Rome Statute'' have the 
        meaning given those terms in section 2013 of the American 
        Service-Members' Protection Act (22 U.S.C. 7432).
            (7) Protected person.--The term ``protected person'' 
        means--
                    (A) any United States person, unless the United 
                States provides formal consent to International 
                Criminal Court jurisdiction and is a state party to the 
                Rome Statute of the International Criminal Court, 
                including--
                            (i) current or former members of the Armed 
                        Forces of the United States;
                            (ii) current or former elected or appointed 
                        officials of the United States Government; and
                            (iii) any other person currently or 
                        formerly employed by or working on behalf of 
                        the United States Government; and
                    (B) any foreign person that is a citizen or lawful 
                resident of an ally of the United States that has not 
                consented to International Criminal Court jurisdiction 
                or is not a state party to the Rome Statute of the 
                International Criminal Court, including--
                            (i) current or former members of the Armed 
                        Forces of such ally of the United States;
                            (ii) current or former elected or appointed 
                        government officials of such ally of the United 
                        States; and
                            (iii) any other person currently or 
                        formerly employed by or working on behalf of 
                        such a government.
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
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