Illegitimate Court Counteraction Act
This bill imposes sanctions against foreign persons (individuals and entities) who assist the International Criminal Court (ICC) in investigating, arresting, detaining, or prosecuting certain individuals.
The bill categorizes as protected persons (1) any U.S. individual, U.S. entity, or person in the United States, unless the United States is a state party to the Rome Statute of the ICC and provides formal consent to ICC jurisdiction; and (2) any foreign person that is a citizen or lawful resident of a U.S. ally that is not a state party to the Rome Statute or has not consented to ICC jurisdiction.
If the ICC attempts to investigate, arrest, detain or prosecute a protected person, the President must impose visa- and property-blocking sanctions against the foreign persons that engaged in or materially assisted in such actions, as well as against foreign persons owned by, controlled by, or acting on behalf of such foreign persons. The President must also apply visa-blocking sanctions to the immediate family members of those sanctioned.
Upon enactment, the bill rescinds all funds appropriated for the ICC and prohibits the subsequent use of appropriated funds for the ICC.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8282 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8282
To impose sanctions with respect to the International Criminal Court
engaged in any effort to investigate, arrest, detain, or prosecute any
protected person of the United States and its allies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2024
Mr. Roy (for himself, Mr. Mast, Mr. Weber of Texas, Ms. Stefanik, Mr.
Crenshaw, Mr. D'Esposito, Mr. Good of Virginia, Ms. Tenney, Mr. Banks,
Mr. Brecheen, Mr. Hern, Mr. Lawler, Mr. Barr, Mr. Self, Mr. Waltz, Mr.
Donalds, Mr. McCormick, Mr. Green of Tennessee, Mr. Reschenthaler, Mr.
Cloud, and Mr. Burchett) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions with respect to the International Criminal Court
engaged in any effort to investigate, arrest, detain, or prosecute any
protected person of the United States and its allies.
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. SANCTIONS WITH RESPECT TO THE INTERNATIONAL CRIMINAL COURT.
(a) In General.--No later than 60 days after the enactment of this
Act, 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 or 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) 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. 3. 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 Affairs, the Committee
on Financial Services, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on the Judiciary of the Senate.
(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;
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Rules Committee Resolution H. Res. 1269 Reported to House. Rule provides for consideration of H.R. 8580 and H.R. 8282. The resolution provides for consideration of H.R. 8580 under a structured rule and H.R. 8282 under a closed rule. Rule provides for one hour of general debate and one motion to recommit on each bill.
Rule H. Res. 1269 passed House.
Considered under the provisions of rule H. Res. 1269. (consideration: CR H3596-3601)
Rule provides for consideration of H.R. 8580 and H.R. 8282. The resolution provides for consideration of H.R. 8580 under a structured rule and H.R. 8282 under a closed rule. Rule provides for one hour of general debate and one motion to recommit on each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 8282.
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The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8282, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. McCaul demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H3637-3638)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 155, 2 Present (Roll no. 242). (text of amendment in the nature of a substitute: CR H3596-3597)
Roll Call #242 (House)On passage Passed by the Yeas and Nays: 247 - 155, 2 Present (Roll no. 242). (text of amendment in the nature of a substitute: CR H3596-3597)
Roll Call #242 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Foreign Relations.