H.R. 23House119th Congress (2025-2027)Failed

Illegitimate Court Counteraction Act

Sponsored by Chip RoyRep. Chip Roy (R-TX)
Introduced January 3, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:50 AM UTC

The Illegitimate Court Counteraction Act directs the President to sanction any foreign individual or entity that helps the International Criminal Court investigate, arrest, detain, or prosecute U.S. officials, military members, or similar persons from U.S. allies. The sanctions block U.S. assets, revoke visas, and extend to the sanctioned person's immediate family. The bill also eliminates current and future U.S. funding for the ICC.

Key Provisions

  • If the International Criminal Court (ICC) tries to investigate, arrest, detain, or prosecute a "protected person" (U.S. officials, military members, or similar persons from U.S. allies), the President must impose sanctions within 60 days.
  • Sanctions include blocking any property or financial interests the foreign person has in the United States and making that person inadmissible for U.S. visas, entry, or parole, with existing visas automatically revoked.
  • The same sanctions also apply to the immediate family members of the foreign person.
  • The President must notify specific congressional committees within 10 days of imposing sanctions and may request a waiver for up to 90 days if national security requires it.
  • All U.S. appropriations for the ICC are rescinded, and future U.S. funds may not be used for the ICC.
  • Definitions clarify who counts as a "protected person," an "ally," and a "foreign person" for the purposes of the Act.

Legislative Activity

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14 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 22. (CR S410)

January 28, 2025

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HouseIntro Referral

Introduced in House

January 3, 2025

HouseIntro Referral

Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Appropriations, 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.

January 3, 2025

HouseFloor

Considered under the provisions of rule H. Res. 5. (consideration: CR H67-74)

January 9, 2025 • 9:48 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 23.

January 9, 2025 • 9:49 AM

HouseFloor

The previous question was ordered pursuant to the rule.

January 9, 2025 • 10:41 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 23, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Mast demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

January 9, 2025 • 10:41 AM

HouseFloor

Considered as unfinished business. (consideration: CR H75-76)

January 9, 2025 • 11:46 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 243 - 140, 1 Present (Roll no. 7). (text: CR H67-69)

January 9, 2025 • 1:40 PM

HouseFloor

On passage Passed by the Yeas and Nays: 243 - 140, 1 Present (Roll no. 7). (text: CR H67-69)

January 9, 2025 • 1:40 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 9, 2025 • 1:40 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

January 9, 2025

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 3.

January 13, 2025

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S307)

January 23, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S307)

January 23, 2025

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 22. (CR S410)

January 28, 2025

Floor Debate

20 members

What members said about H.R. 23 on the floor

7 Republicans13 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jan 9, 2025

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first of all, let me thank the gentleman from Florida for his opening and congratulate him on his new chairmanship. I hope that…

Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Jan 28, 2025

Mr. President, I am so appreciative of my colleagues coming down here to talk about not only the January 6 pardons that President Trump has done but to stand with the men and women in law…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 23, 2025

Mr. President, today, the Senate will hold votes on two pivotal Cabinet nominees. First, we will vote to advance the nomination of John Ratcliffe to serve as CIA Director. I will respectfully vote…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Jan 28, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, nothing is more important than our national security and this Nation's sovereignty, and that…

Brian J. Mast
Rep. Brian J. MastR-FL-21 · Jan 9, 2025

Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 23) to impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or…

Show 8 more
Patty Murray
Sen. Patty MurrayD-WA · Jan 28, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we are a week into the Trump administration, and it can be summed up in one word: lawlessness.…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jan 28, 2025

Mr. President, the murder rate in the United States today--the global murder rate--is infinitesimal. It is a fraction of what it was 200 years ago, 400 years ago, 600 years ago--a fraction of what it…

Tim Kaine
Sen. Tim KaineD-VA · Jan 28, 2025

Mr. President, I rise together with my colleagues to speak in opposition to the President's action pardoning those who attacked this Capitol on January 6, 2021. I was here that day. I shared that day…

Tom Cotton
Sen. Tom CottonR-AR · Jan 28, 2025

Madam President, I ask unanimous consent that the mandatory quorum call with respect to the motion to invoke cloture on the motion to proceed to Calendar No. 3, H.R. 23, be waived. I ask unanimous…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Jan 28, 2025

Mr. President, many of us who were here on January 6 have pretty indelible memories. I am looking at Senator Murray, who has particularly harrowing memories. One of mine is, I was one of the last…

Katie Boyd Britt
Sen. Katie Boyd BrittR-AL · Jan 28, 2025

Mr. President, January 2025 has been a turning point for the United States of America. President Donald Trump's inauguration marked the beginning of, as he put it, a new ``golden age'' for America.…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Jan 28, 2025

Mr. President, on January 6, many of us stood right here toward the beginning of the day. In fact, most of us can remember, almost minute by minute, what occurred as we learned that the Capitol was…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 28, 2025

I announce that the Senator from Georgia (Mr. Ossoff) is necessarily absent. Mr. President, I rise in support of the resolution offered by my colleague from the State of Washington, and I thank her…

Show 11 more
Amy Klobuchar
Sen. Amy KlobucharD-MN · Jan 28, 2025

Mr. President, I thank the Senator from Washington and Senators Schumer and Durbin for bringing us together to condemn the pardons and what happened, but I also want to first express my…

John Barrasso
Sen. John BarrassoR-WY · Jan 23, 2025

First, I ask unanimous consent that Senator Durbin and I be allowed to speak for up to 15 minutes each prior to the scheduled rollcall vote. Mr. President, I ask unanimous consent also that the…

Brian Schatz
Sen. Brian SchatzD-HI · Jan 28, 2025

Mr. President, the government shutdown that Donald Trump just ordered is illegal and unconstitutional. He is not a King, and we do not live in a monarchy. It is Congress's authority to decide on…

Adam B. Schiff
Sen. Adam B. SchiffD-CA · Jan 28, 2025

Mr. President, 8 days ago, democracy and the rule of law were dealt another blow. It wasn't at the hands of a mob this time. No bear spray. No battering rams. No chants of ``Hang Mike Pence'' or…

Chip Roy
Rep. Chip RoyR-TX-21 · Jan 9, 2025

Mr. Speaker, I thank my friend from Florida, the chairman, for his support on this legislation. I thank him for his statesmanship on this particular issue, which is critically important for not just…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 28, 2025

Let me thank Patty Murray for her leadership on this issue. It is becoming clear--it has become clear already, but it is even clearer today--a pattern is emerging from Donald Trump's Presidency, a…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Jan 28, 2025

Madam President, I come to the floor today to oppose H.R. 23. This is a bill that levels unprecedented mandatory sanctions on the International Criminal Court, the ICC. I understand my colleagues'…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 23, 2025

Mr. President, the United States continues to face a host of serious challenges around the world that demand serious leaders. This is recognized by members of both political parties, where country…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 28, 2025

Madam President, I have spent decades watching the International Criminal Court with a critical eye. From the beginning, even when I was in Congress, I was certain that the ICC would display the same…

John Barrasso
Sen. John BarrassoR-WY · Jan 28, 2025

Mr. President, reserving the right to object, I heard the Senator from Washington State say we are now 1 week into the Trump administration. I am very grateful we are now 1 week beyond the Biden…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 9, 2025

Mr. Speaker, I wish to underscore my strong support of H.R. 23, the Illegitimate Court Counteraction Act, and highlight the immediate need to sanction the International Criminal Court (ICC) for its…

Bill Text

3 versions available

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Latest
Placed on Calendar SenateIssued January 13, 2025

II

Calendar No. 3

119th CONGRESS

1st Session

H. R. 23

IN THE SENATE OF THE UNITED STATES

January 9, 2025

Received; read the first time

January 13, 2025

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 investigate, arrest, detain, or prosecute any protected person of the United States and its allies.

1.

Short title

This Act may be cited as the Illegitimate Court Counteraction Act.

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 (ICC), and therefore the ICC 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)

On November 21, 2024, the ICC’s Pre-Trial Chamber issued warrants for the arrest of Netanyahu and Gallant, which should be condemned in the strongest possible terms.

(4)

The bipartisan American Servicemembers’ Protection Act 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..

(5)

The ICC’s actions against Israel, including the preliminary examination and investigation of Israel and issuance of arrest warrants against Israeli officials, are illegitimate and baseless and create a damaging precedent that threatens the United States, Israel, and all United States partners who have not consented to the ICC’s jurisdiction.

(6)

The United States must oppose any action by the ICC against the United States, Israel, 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 ICC.

3.

Sanctions with respect to the international criminal court

(a)

In general

Not later than 60 days after the date of 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;

(C)

a detailed description and list of actions the United States has taken to stop the International Criminal Court from engaging in any effort 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

Each report required by paragraph 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.

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.

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 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.

Passed the House of Representatives January 9, 2025.

Kevin F. McCumber,

Clerk.

January 13, 2025

Read the second time and placed on the calendar