Page:United States Statutes at Large Volume 116 Part 2.djvu/125

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PUBLIC LAW 107-206—AUG. 2, 2002 116 STAT. 907 Deadline. Notification. James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are authorized to be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State. SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE 22 USC 7430. OF CONSTITUTIONAL AUTHORITIES. (a) IN GENERAL.—Sections 2004 and 2006 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.— President. (1) IN GENERAL. —Subject to paragraph (2), not later than Deadline. 15 days after the President takes or directs an action or actions Notification. described in subsection (a) that would otherwise be prohibited under section 2004 or 2006, 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.—I f 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. SEC. 2012. NONDELEGATION. 22 USC 7431. The authorities vested in the President by sections 2003 and 2011(a) may not be delegated by the President pursuant to section 301 of title 3, United States Code, or any other provision of law. The authority vested in the President by section 2005(c)(3) may not be delegated by the President pursuant to section 301 of title 3, United States Code, or any other provision of law to any official other than the Secretary of Defense, and if so delegated may not be subdelegated. SEC. 2013. DEFINITIONS. 22 USC 7432. As used in this title and in section 706 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.— The term "appropriate congressional committees" means the Committee