S.Amdt. 3871

SA 3871. Mrs. MOODY submitted an amendment intended to be proposed to
amendment SA 3748 proposed by Mr. Wicker (for himself and Mr. Reed) to
the bill S. 2296, to authorize appropriations for fiscal year 2026 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 E of title XII, add the following:

SEC. 1265. IMPOSING, MAINTAINING, AND ENFORCING SANCTIONS
WITH RESPECT TO THE INTERNATIONAL CRIMINAL
COURT.

(a) In General.--
(1) Effect of sanctions.--The United States sanctions
provided for in Executive Order 14203 (90 Fed. Reg. 9369;
relating to imposing sanctions on the International Criminal
Court) shall remain in effect, continue to apply, and have
the force and effect of law; and
(2) Imposition of sanctions.--The President shall impose,
maintain, and enforce sanctions with respect to a foreign
person provided for in Executive Order 14203 (90 Fed. Reg.
9369; relating to imposing sanctions on the International
Criminal Court).
(b) Waiver.--
(1) In general.--The President or the Secretary of State
may, on a case-by-case basis and for periods not to exceed
180 days each, waive the application of sanctions imposed or
maintained with respect to a foreign person under Executive
Order 14203 (90 Fed. Reg. 9369; relating to imposing
sanctions on the International Criminal Court) or under
subsection (a) if the President or Secretary of State submits
to the appropriate congressional committees 15 days before
the waiver is to take effect a report that contains a
determination 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;
(C) a detailed description and list of actions the United
States has taken to stop and seek to facilitate a permanent
end to the International Criminal Court engaging in any
effort including to investigate, arrest, detain, or prosecute
all protected persons; and
(D) a detailed description and list of actions the
International Criminal Court has taken to 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.--A report submitted in accordance with paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.
(c) Definitions.--The terms in this section shall have the
same meaning given those terms in Executive Order 14203 (90
Fed. Reg. 9369; relating to imposing sanctions on the
International Criminal Court).
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