---
kind: "section"
citation: "22 U.S.C. § 7430"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "7430"
heading: "Application of sections 7423 and 7425 to exercise of constitutional authorities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/7430"
units:
  - "Chapter 81 — International Criminal Court"
  - "Subchapter II — American Servicemembers’ Protection"
---

# §7430. Application of sections 7423 and 7425 to exercise of constitutional authorities

- (a) **In general—** Sections [7423](/usc/22/7423.md) and [7425](/usc/22/7425.md) of this title shall not apply to any action or actions with respect to a specific matter involving the [International Criminal Court](/usc/22/7432.md?p=6) 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)](#b-2), not later than 15 days after the President takes or directs an action or actions described in [subsection (a)](#a) that would otherwise be prohibited under section [7423](/usc/22/7423.md) or [7425](/usc/22/7425.md) of this title, the President shall submit a notification of such action to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1). 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)](#b-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)](#b-1) the President shall notify the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) 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)](#b-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.)