22 U.S.C. § 7429 — Withholdings

Page 1948 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7426 tion to the International Criminal Court for the purpose of facilitating an investigation, appre- hension, or prosecution. (b) Indirect transfer The procedures adopted pursuant to sub- section (a) shall be designed to prevent the transfer to the United Nations and to the gov- ernment of any country that is party to the International Criminal Court of classified na- tional security information and law enforce- ment information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory as- surances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the pur- pose of facilitating an investigation, apprehen- sion, or prosecution. (c) Construction The provisions of this section shall not be con- strued to prohibit any action permitted under section 7427 of this title. (Pub. L. 107–206, title II, § 2006, Aug. 2, 2002, 116 Stat. 904.) § 7426. Repealed. Pub. L. 110–181, div. A, title XII, § 1212(a), Jan. 28, 2008, 122 Stat. 371 Section, Pub. L. 107–206, title II, § 2007, Aug. 2, 2002, 116 Stat. 905, prohibited United States military assist- ance to parties to the International Criminal Court. § 7427. Authority to free members of the Armed Forces of the United States and certain other persons detained or imprisoned by or on be- half of the International Criminal Court (a) Authority The President is authorized to use all means necessary and appropriate to bring about the re- lease of any person described in subsection (b) who is being detained or imprisoned by, on be- half of, or at the request of the International Criminal Court. (b) Persons authorized to be freed The authority of subsection (a) shall extend to the following persons: (1) Covered United States persons. (2) Covered allied persons. (3) Individuals detained or imprisoned for of- ficial actions taken while the individual was a covered United States person or a covered al- lied person, and in the case of a covered allied person, upon the request of such government. (c) Authorization of legal assistance When any person described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the International Criminal Court, the President is authorized to direct any agency of the United States Government to provide— (1) legal representation and other legal as- sistance to that person (including, in the case of a person entitled to assistance under sec- tion 1037 of title 10, representation and other assistance in the manner provided in that sec- tion); (2) exculpatory evidence on behalf of that person; and (3) defense of the interests of the United States through appearance before the Inter- national Criminal Court pursuant to Article 18 or 19 of the Rome Statute, or before the courts or tribunals of any country. (d) Bribes and other inducements not authorized This section does not authorize the payment of bribes or the provision of other such incen- tives to induce the release of a person described in subsection (b). (Pub. L. 107–206, title II, § 2008, Aug. 2, 2002, 116 Stat. 905.) § 7428. Alliance command arrangements (a) Report on alliance command arrangements Not later than 6 months after August 2, 2002, the President should transmit to the appro- priate congressional committees a report with respect to each military alliance to which the United States is party— (1) describing the degree to which members of the Armed Forces of the United States may, in the context of military operations under- taken by or pursuant to that alliance, be placed under the command or operational con- trol of foreign military officers subject to the jurisdiction of the International Criminal Court because they are nationals of a party to the International Criminal Court; and (2) evaluating the degree to which members of the Armed Forces of the United States en- gaged in military operations undertaken by or pursuant to that alliance may be exposed to greater risks as a result of being placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court. (b) Description of measures to achieve enhanced protection for members of the Armed Forces of the United States Not later than 1 year after August 2, 2002, the President should transmit to the appropriate congressional committees a description of modi- fications to command and operational control arrangements within military alliances to which the United States is a party that could be made in order to reduce any risks to members of the Armed Forces of the United States identified pursuant to subsection (a)(2). (c) Submission in classified form The report under subsection (a), and the de- scription of measures under subsection (b), or appropriate parts thereof, may be submitted in classified form. (Pub. L. 107–206, title II, § 2009, Aug. 2, 2002, 116 Stat. 906.) § 7429. Withholdings Funds withheld from the United States share of assessments to the United Nations or any other international organization during any fis- cal year pursuant to section 7401 of this title are authorized to be transferred to the Embassy Se- curity, Construction and Maintenance Account of the Department of State. Page 1949 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7432 (Pub. L. 107–206, title II, § 2010, Aug. 2, 2002, 116 Stat. 906.) § 7430. Application of sections 7423 and 7425 to exercise of constitutional authorities (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 Presi- dent 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 sec- tion 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 noti- fication 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 Presi- dent takes or directs an action or actions re- ferred to in paragraph (1) the President shall notify the appropriate congressional commit- tees that an action has been taken and a de- termination 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. (Pub. L. 107–206, title II, § 2011, Aug. 2, 2002, 116 Stat. 907.) § 7431. Nondelegation The authorities vested in the President by sec- tions 7422 and 7430(a) of this title may not be delegated by the President pursuant to section 301 of title 3 or any other provision of law. The authority vested in the President by section 7424(c)(3) of this title may not be delegated by the President pursuant to section 301 of title 3 or any other provision of law to any official other than the Secretary of Defense, and if so delegated may not be subdelegated. (Pub. L. 107–206, title II, § 2012, Aug. 2, 2002, 116 Stat. 907.) § 7432. Definitions As used in this subchapter and in section 7402 of this title: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Inter- national Relations of the House of Representa- tives and the Committee on Foreign Relations of the Senate. (2) Classified national security information The term ‘‘classified national security infor- mation’’ means information that is classified or classifiable under Executive Order 12958 or a successor Executive order. (3) Covered allied persons The term ‘‘covered allied persons’’ means military personnel, elected or appointed offi- cials, and other persons employed by or work- ing on behalf of the government of a NATO member country, a major non-NATO ally (in- cluding Australia, Egypt, Israel, Japan, Jor- dan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the International Criminal Court and wishes its officials and other persons working on its behalf to be ex- empted from the jurisdiction of the Inter- national Criminal Court. (4) Covered United States persons The term ‘‘covered United States persons’’ means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other per- sons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the Inter- national Criminal Court. (5) Extradition The terms ‘‘extradition’’ and ‘‘extradite’’ mean the extradition of a person in accord- ance with the provisions of chapter 209 of title 18 (including section 3181(b) of such title) and such terms include both extradition and sur- render as those terms are defined in Article 102 of the Rome Statute. (6) International Criminal Court The term ‘‘International Criminal Court’’ means the court established by the Rome Statute. (7) Major non-NATO ally The term ‘‘major non-NATO ally’’ means a country that has been so designated in accord- ance with section 517 of the Foreign Assist- ance Act of 1961 [22 U.S.C. 2321k]. (8) Participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement oper- ation under chapter VII of the charter of the United Nations The term ‘‘participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement oper- ation under chapter VII of the charter of the United Nations’’ means to assign members of the Armed Forces of the United States to a