,,ii ,calendar ,no4 #c #aaith ,,congress #ast ,session ,h4 ,r4 #bc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #i1 #bjbe,received2 read the first time ,january #ac1 #bjbe,read the second time and placed on the calendar ,,an ,,act ,to impose sanctions with respect to the ,international ,criminal ,court engaged in any effort to investigate1 arrest1 detain1 or prosecute any protected person of the ,united ,states and its allies4 #a4 ,short title ,this ,act may be cited as the ,illegitimate ,court ,counteraction ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states and ,israel are not parties to the ,rome ,statute or members of the ,international ,criminal ,court 7,,icc71 and therefore the ,,icc has no legitimacy or jurisdiction over the ,united ,states or ,israel4 7#b7 ,on ,may #bj1 #bjbd1 the ,prosecutor of the ,international ,criminal ,court1 ,karim ,khan1 announced arrest warrant applications for ,israeli ,prime ,minister ,benjamin ,netanyahu and ,minister of ,defense ,yoav ,gallant and should be condemned in the strongest possible terms4 7#c7 ,on ,november #ba1 #bjbd1 the ,,icc's ,pre-,trial ,chamber issued warrants for the arrest of ,netanyahu and ,gallant1 which should be condemned in the strongest possible terms4 7#d7 ,the bipartisan ,american ,servicemembers' ,protection ,act was enacted in #bjjb to protect ,united ,states military personnel1 ,united ,states officials1 and officials and military personnel of certain allied countries against criminal prosecution by an international criminal court to which the ,united ,states is not party1 stating1 ,in addition to exposing members of the ,armed ,forces of the ,united ,states to the risk of international criminal prosecution1 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 ,court44 7#e7 ,the ,,icc's actions against ,israel1 including the preliminary examination and investigation of ,israel and issuance of arrest warrants against ,israeli officials1 are illegitimate and baseless and create a damaging precedent that threatens the ,united ,states1 ,israel1 and all ,united ,states partners who have not consented to the ,,icc's jurisdiction4 7#f7 ,the ,united ,states must oppose any action by the ,,icc against the ,united ,states1 ,israel1 or any other ally of the ,united ,states that has not consented to ,,icc jurisdiction or is not a state party to the ,rome ,statute of the ,,icc4 #c4 ,sanctions with respect to the international criminal court 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 and on an ongoing basis thereafter1 if the ,international ,criminal ,court is engaging in any attempt to investigate1 arrest1 detain1 or prosecute any protected person1 the ,president shall impose-- 7#a7 the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines-- 7,a7 has directly engaged in or otherwise aided any effort by the ,international ,criminal ,court to investigate1 arrest1 detain1 or prosecute a protected person2 7,b7 has materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services to or in support of any effort by the ,international ,criminal ,court to investigate1 arrest1 detain1 or prosecute a protected person2 or 7,c7 is owned or controlled by1 or is currently acting or purports to have acted1 directly or indirectly1 for or on behalf of any person that directly engages in any effort by the ,international ,criminal ,court to investigate1 arrest1 detain1 or prosecute a protected person2 and 7#b7 the sanctions described in subsection 7b77#b7 with respect to the immediate family members of each foreign person who is subject to sanctions pursuant to paragraph 7#a74 7b7 ,sanctions described ,the sanctions described in this subsection with respect to a foreign person described in subsection 7a7 are the following3 7#a7 ,property blocking ,the ,president shall exercise all of the powers granted by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of any foreign person described in subsection 7a77#a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens inadmissible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an alien described in subsection 7a71 the alien is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the visa or other entry documentation of an alien described in subparagraph 7,a7 shall be revoked1 regardless of when such visa or other entry documentation was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7c7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7d7 ,notification to congress ,not later than #aj days after any imposition of sanctions pursuant to subsection 7a71 the ,president shall brief and provide written notification to the appropriate congressional committees regarding the imposition of sanctions that shall include-- 7#a7 a description of the foreign person or persons subject to the imposition of such sanctions1 including the foreign person's role at or relation to the ,international ,criminal ,court2 7#b7 a description of any activity undertaken by such foreign person or persons in support of efforts to investigate1 arrest1 detain1 or prosecute any protected person2 and 7#c7 the specific sanctions imposed on such foreign person or persons4 7e7 ,waiver 7#a7 ,in general ,the ,president may1 on a case-by-case basis and for periods not to exceed #ij days each1 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 ,states4 7#b7 ,contents ,each report required by paragraph 7#a7 with respect to a waiver of the application of sanctions imposed or maintained with respect to a foreign person under this section1 or the renewal of such a waiver1 shall include-- 7,a7 a specific and detailed rationale for the determination that the waiver is vital to the national security interests of the ,united ,states2 7,b7 a description of the activity that resulted in the foreign person being subject to sanctions2 7,c7 a detailed description and list of actions the ,united ,states has taken to stop the ,international ,criminal ,court from engaging in any effort to investigate1 arrest1 detain1 or prosecute all protected persons2 and 7,d7 a detailed description and list of actions the ,international ,criminal ,court has taken to permanently close1 withdraw1 end1 or otherwise terminate any preliminary examination1 investigation1 or any other effort to investigate1 arrest1 detain1 or prosecute all protected persons4 7#c7 ,form ,each report required by paragraph by paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex4 7f7 ,special rule ,the ,president may terminate the sanctions with respect to the foreign persons described in subsection 7a7 if the ,president certifies in writing to the appropriate congressional committees that the ,international ,criminal ,court-- 7#a7 has ceased engaging in any effort to investigate1 arrest1 detain1 or prosecute all protected persons2 and 7#b7 has permanently closed1 withdrawn1 ended1 and otherwise terminated any preliminary examination1 investigation1 or any other effort by the ,international ,criminal ,court to investigate1 arrest1 detain1 or prosecute all protected persons4 #d4 ,rescission of funds for international criminal court 7a7 ,in general ,effective on the date of the enactment of this ,act1 any amounts appropriated for the ,international ,criminal ,court and available for obligation as of such date of enactment are hereby rescinded4 7b7 ,prohibition on future appropriations ,on and after the date of the enactment of this ,act1 no appropriated funds may be used for the ,international ,criminal ,court4 #e4 ,definitions ,in this ,act3 7#a7 ,admitted alien ,the terms admitted and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,ally of the united states ,the term ally of the ,united ,states means-- 7,a7 a government of a member country of the ,north ,atlantic ,treaty ,organization2 or 7,b7 a government of a major non-,,nato ally1 as that term is defined by section #bjac7g7 of the ,american ,service-,members' ,protection ,act 7#bb ,u4,s4,c4 #gdcb7g774 7#c7 ,appropriate congressional committees defined ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate4 7#d7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#e7 ,immediate family member ,the term immediate family member1 with respect to a foreign person1 means the spouse1 parent1 sibling1 or adult child of the person4 7#f7 ,international criminal court2 rome statute ,the terms ,international ,criminal ,court and ,rome ,statute have the meaning given those terms in section #bjac of the ,american ,service-,members' ,protection ,act 7#bb ,u4,s4,c4 #gdcb74 7#g7 ,protected person ,the term protected person means-- 7,a7 any ,united ,states person1 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 ,court1 including-- 7i7 current or former members of the ,armed ,forces of the ,united ,states2 7ii7 current or former elected or appointed officials of the ,united ,states ,government2 and 7iii7 any other person currently or formerly employed by or working on behalf of the ,united ,states ,government2 7,b7 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 ,court1 including-- 7i7 current or former members of the ,armed ,forces of such ally of the ,united ,states2 7ii7 current or former elected or appointed government officials of such ally of the ,united ,states2 and 7iii7 any other person currently or formerly employed by or working on behalf of such a government4 7#h7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 ,passed the ,house of ,representatives ,january #i1 #bjbe4,kevin ,f4 ,mc,cumber1,clerk4 ,january #ac1 #bjbe,read the second time and placed on the calendar