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22 U.S.C. § 7430 — Application of sections 7423 and 7425 to exercise of constitutional authorities

submitted 24 years ago by Pub. L. 107-206 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

Sections 7423 and 7425 do not apply to a specific action about the International Criminal Court. The action must come from the President's own war-power or executive-power authority. The President must usually tell Congress about it within 15 days. If telling Congress fully would risk national security, the President can delay full details. This section gives the President no new legal power.

(a) In general: The restrictions in sections 7423 and 7425 of this title don't apply to a specific action or actions about the International Criminal Court, if the President takes or directs that action personally, case by case, using the President's power as Commander in Chief under Article II, Section 2, or the President's executive power under Article II, Section 1, of the Constitution.

(b) Notification to Congress
(1) In general: Normally, within 15 days after the President takes or directs such an action that section 7423 or 7425 would otherwise forbid, the President must send the appropriate congressional committees a notice. That notice must describe the action, state that it's in the national interest, and explain why.
(2) Exception: If full notice could endanger national security or hurt a U.S. law enforcement effort, the President instead has 15 days to tell the committees only that an action was taken and that this exception was used. Once the reasons for using the exception no longer apply, the President must give the full notice within 15 days after that.

(c) Construction: Nothing in this section gives the President any statutory authority to take any action — it only exempts certain presidential actions from sections 7423 and 7425.

the actual law source: uscode.house.gov ↗public domain
(a) In general

Sections 7423 and 7425 of this title shall not apply to any action or actions with respect to a specific matter involving the International Criminal Court taken or directed by the President on a case-by-case basis in the exercise of the President’s authority as Commander in Chief of the Armed Forces of the United States under article II, section 2 of the United States Constitution or in the exercise of the executive power under article II, section 1 of the United States Constitution.

(b) Notification to Congress
(1) In general

Subject to paragraph (2), not later than 15 days after the President takes or directs an action or actions described in subsection (a) that would otherwise be prohibited under section 7423 or 7425 of this title, the President shall submit a notification of such action to the appropriate congressional committees. A notification under this paragraph shall include a description of the action, a determination that the action is in the national interest of the United States, and a justification for the action.

(2) Exception

If the President determines that a full notification under paragraph (1) could jeopardize the national security of the United States or compromise a United States law enforcement activity, not later than 15 days after the President takes or directs an action or actions referred to in paragraph (1) the President shall notify the appropriate congressional committees that an action has been taken and a determination has been made pursuant to this paragraph. The President shall provide a full notification under paragraph (1) not later than 15 days after the reasons for the determination under this paragraph no longer apply.

(c) Construction

Nothing in this section shall be construed as a grant of statutory authority to the President to take any action.

Source credit: (Pub. L. 107–206, title II, § 2011, Aug. 2, 2002, 116 Stat. 907.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-206 · 116 Stat. 907

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-206 on 2002-08-02.

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