124
(g) RESTRICTION
ON ASSISTANCE PURSUANT
TO
MUTUAL LEGAL ASSISTANCE TREATIES.—The United
States shall exercise its rights to limit the use of assist-
ance provided under all treaties and executive agreements
for mutual legal assistance in criminal matters, multilat-
eral conventions with legal assistance provisions, and ex-
tradition treaties, to which the United States is a party,
and in connection with the execution or issuance of any
letter rogatory, to prevent the transfer to, or other use
by, the International Criminal Court of any assistance
provided by the United States under such treaties and let-
ters rogatory.
(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF
AGENTS.—No agent of the International Criminal Court
may conduct, in the United States or any territory subject
to the jurisdiction of the United States, any investigative
activity relating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the International
Criminal Court.
SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPA-
TION IN CERTAIN UNITED NATIONS PEACE-
KEEPING OPERATIONS.
(a) POLICY.—Effective beginning on the date on
which the Rome Statute enters into force pursuant to Ar-
ticle 126 of the Rome Statute, the President should use
125
the voice and vote of the United States in the United Na-
tions Security Council to ensure that each resolution of
the Security Council authorizing any peacekeeping oper-
ation under chapter VI of the charter of the United Na-
tions or peace enforcement operation under chapter VII
of the charter of the United Nations permanently exempts,
at a minimum, members of the Armed Forces of the
United States participating in such operation from crimi-
nal prosecution or other assertion of jurisdiction by the
International Criminal Court for actions undertaken by
such personnel in connection with the operation.
(b) RESTRICTION.—Members of the Armed Forces of
the United States may not participate in any peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII
of the charter of the United Nations, the creation of which
is authorized by the United Nations Security Council on
or after the date that the Rome Statute enters into effect
pursuant to Article 126 of the Rome Statute, unless the
President has submitted to the appropriate congressional
committees a certification described in subsection (c) with
respect to such operation.
(c) CERTIFICATION.—The certification referred to in
subsection (b) is a certification by the President that—
126
(1) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because, in authorizing
the operation, the United Nations Security Council
permanently exempted, at a minimum, members of
the Armed Forces of the United States participating
in the operation from criminal prosecution or other
assertion of jurisdiction by the International Crimi-
nal Court for actions undertaken by them in connec-
tion with the operation;
(2) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because each country
in which members of the Armed Forces of the
United States participating in the operation will be
present either is not a party to the International
Criminal Court and has not invoked the jurisdiction
of the International Criminal Court pursuant to Ar-
ticle 12 of the Rome Statute, or has entered into an
agreement in accordance with Article 98 of the
Rome Statute preventing the International Criminal
127
Court from proceeding against members of the
Armed Forces of the United States present in that
country; or
(3) the national interests of the United States
justify participation by members of the Armed
Forces of the United States in the peacekeeping or
peace enforcement operation.
SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANS-
FER OF CLASSIFIED NATIONAL SECURITY IN-
FORMATION AND LAW ENFORCEMENT INFOR-
MATION TO THE INTERNATIONAL CRIMINAL
COURT.
(a) IN GENERAL.—Not later than the date on which
the Rome Statute enters into force, the President shall
ensure that appropriate procedures are in place to prevent
the transfer of classified national security information and
law enforcement information to the International Criminal
Court for the purpose of facilitating an investigation, ap-
prehension, or prosecution.
(b) INDIRECT TRANSFER.—The procedures adopted
pursuant to subsection (a) shall be designed to prevent
the transfer to the United Nations and to the government
of any country that is party to the International Criminal
Court of classified national security information and law
enforcement information that specifically relates to mat-
128
ters known to be under investigation or prosecution by the
International Criminal Court, except to the degree that
satisfactory assurances are received from the United Na-
tions or that government, as the case may be, that such
information will not be made available to the International
Criminal Court for the purpose of facilitating an investiga-
tion, apprehension, or prosecution.
(c) CONSTRUCTION.—The provisions of this section
shall not be construed to prohibit any action permitted
under section 2008.
SEC. 2007. PROHIBITION OF UNITED STATES MILITARY AS-
SISTANCE 
TO 
PARTIES 
TO 
THE 
INTER-
NATIONAL CRIMINAL COURT.
(a) PROHIBITION OF MILITARY ASSISTANCE.—Sub-
ject to subsections (b) and (c), and effective 1 year after
the date on which the Rome Statute enters into force pur-
suant to Article 126 of the Rome Statute, no United
States military assistance may be provided to the govern-
ment of a country that is a party to the International
Criminal Court.
(b) NATIONAL INTEREST WAIVER.—The President
may, without prior notice to Congress, waive the prohibi-
tion of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congres-
129
sional committees that it is important to the national in-
terest of the United States to waive such prohibition.
(c) ARTICLE 98 WAIVER.—The President may, with-
out prior notice to Congress, waive the prohibition of sub-
section (a) with respect to a particular country if he deter-
mines and reports to the appropriate congressional com-
mittees that such country has entered into an agreement
with the United States pursuant to Article 98 of the Rome
Statute preventing the International Criminal court from
proceeding against United States personnel present in
such country.
(d) EXEMPTION.—The prohibition of subsection (a)
shall not apply to the government of—
(1) a NATO member country;
(2) a major non-NATO ally (including Aus-
tralia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand); or
(3) Taiwan.
SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS DETAINED OR IMPRIS-
ONED BY OR ON BEHALF OF THE INTER-
NATIONAL CRIMINAL COURT.
(a) AUTHORITY.—The President is authorized to use
all means necessary and appropriate to bring about the
130
release of any person described in subsection (b) who is
being detained or imprisoned by, on behalf of, or at the
request of the International Criminal Court.
(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) shall extend to the following per-
sons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for offi-
cial actions taken while the individual was a covered
United States person or a covered allied person, and
in the case of a covered allied person, upon the re-
quest of such government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When
any person described in subsection (b) is arrested, de-
tained, investigated, prosecuted, or imprisoned by, on be-
half 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 assist-
ance to that person (including, in the case of a per-
son entitled to assistance under section 1037 of title
10, United States Code, representation and other as-
sistance in the manner provided in that section);
131
(2) exculpatory evidence on behalf of that per-
son; and
(3) defense of the interests of the United States
through appearance before the International Crimi-
nal 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 AU-
THORIZED.—This section does not authorize the payment
of bribes or the provision of other such incentives to induce
the release of a person described in subsection (b).
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT
ON ALLIANCE COMMAND ARRANGE-
MENTS.—Not later than 6 months after the date of the
enactment of this Act, the President should transmit to
the appropriate congressional committees a report with re-
spect 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 undertaken by or pur-
suant to that alliance, be placed under the command
or operational control of foreign military officers
subject to the jurisdiction of the International Crimi-
132
nal 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 engaged 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 oper-
ational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES.—Not later than 1 year
after the date of the enactment of this Act, the President
should transmit to the appropriate congressional commit-
tees a description of modifications to command and oper-
ational 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 sub-
section (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM.—The report
under subsection (a), and the description of measures
under subsection (b), or appropriate parts thereof, may
be submitted in classified form.
133
SEC. 2010. WITHHOLDINGS.
Funds withheld from the United States share of as-
sessments to the United Nations or any other inter-
national organization during any fiscal year pursuant to
section 705 of the Admiral 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 au-
thorized to be transferred to the Embassy Security, Con-
struction and Maintenance Account of the Department of
State.
SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EX-
ERCISE 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 ar-
ticle 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
134
(a) that would otherwise be prohibited under section
2004 or 2006, the President shall submit a notifica-
tion of such action to the appropriate congressional
committees. A notification under this paragraph
shall include a description of the action, a deter-
mination that the action is in the national interest
of the United States, and a justification for the ac-
tion.
(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 ac-
tivity, 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 appro-
priate congressional committees that an action has
been taken and a determination has been made pur-
suant 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 Presi-
dent to take any action.
135
SEC. 2012. NONDELEGATION.
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.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Au-
thorization Act, Fiscal Years 2000 and 2001:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order 12958 or a successor
Executive order.
(3) COVERED
ALLIED
PERSONS.—The term
‘‘covered allied persons’’ means military personnel,
136
elected or appointed officials, and other persons em-
ployed by or working on behalf of the government of
a NATO member country, a major non-NATO ally
(including Australia, Egypt, Israel, Japan, Jordan,
Argentina, the Republic of Korea, and New Zea-
land), 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 exempted from the jurisdiction of the
International Criminal Court.
(4) COVERED UNITED STATES PERSONS.—The
term ‘‘covered United States persons’’ means mem-
bers of the Armed Forces of the United States,
elected or appointed officials of the United States
Government, and other persons employed by or
working on behalf of the United States Government,
for so long as the United States is not a party to
the International Criminal Court.
(5) EXTRADITION.—The terms ‘‘extradition’’
and ‘‘extradite’’ mean the extradition of a person in
accordance with the provisions of chapter 209 of
title 18, United States Code, (including section
3181(b) of such title) and such terms include both
extradition and surrender as those terms are defined
in Article 102 of the Rome Statute.
137
(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 accordance with section 517 of the
Foreign Assistance Act of 1961.
(8) PARTICIPATE IN ANY PEACEKEEPING OPER-
ATION UNDER CHAPTER VI OF THE CHARTER OF
THE UNITED NATIONS OR PEACE ENFORCEMENT OP-
ERATION 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
operation under chapter VII of the charter of the
United Nations’’ means to assign members of the
Armed Forces of the United States to a United Na-
tions military command structure as part of a peace-
keeping operation under chapter VI of the charter of
the United Nations or peace enforcement operation
under chapter VII of the charter of the United Na-
tions in which those members of the Armed Forces
of the United States are subject to the command or
operational control of one or more foreign military
officers not appointed in conformity with article II,
138
section 2, clause 2 of the Constitution of the United
States.
(9) PARTY TO THE INTERNATIONAL CRIMINAL
COURT.—The term ‘‘party to the International
Criminal Court’’ means a government that has de-
posited an instrument of ratification, acceptance, ap-
proval, or accession to the Rome Statute, and has
not withdrawn from the Rome Statute pursuant to
Article 127 thereof.
(10) PEACEKEEPING OPERATION UNDER CHAP-
TER VI OF THE CHARTER OF THE UNITED NATIONS
OR PEACE ENFORCEMENT OPERATION UNDER CHAP-
TER
VII
OF
THE
CHARTER
OF
THE
UNITED
NA-
TIONS.—The term ‘‘peacekeeping operation under
chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of
the charter of the United Nations’’ means any mili-
tary operation to maintain or restore international
peace and security that—
(A) is authorized by the United Nations
Security Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made
139
available for peacekeeping or peace enforcement
activities.
(11) ROME STATUTE.—The term ‘‘Rome Stat-
ute’’ means the Rome Statute of the International
Criminal Court, adopted by the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court on
July 17, 1998.
(12) SUPPORT.—The term ‘‘support’’ means as-
sistance of any kind, including financial support,
transfer of property or other material support, serv-
ices, intelligence sharing, law enforcement coopera-
tion, the training or detail of personnel, and the ar-
rest or detention of individuals.
(13) UNITED STATES MILITARY ASSISTANCE.—
The term ‘‘United States military assistance’’
means—
(A) assistance provided under chapter 2 or
5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.); or
(B) defense articles or defense services fur-
nished with the financial assistance of the
United States Government, including through
loans and guarantees, under section 23 of the
Arms Export Control Act (22 U.S.C. 2763).
140
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act,
2002 (division A of Public Law 107–117) is amended by
striking section 8173.
This Act may be cited as the ‘‘2002 Supplemental
Appropriations Act for Further Recovery From and Re-
sponse To Terrorist Attacks on the United States’’.
Passed the House of Representatives May 24, 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 4775
AN ACT
Making supplemental appropriations for further re-
covery from and response to terrorist attacks on
the United States for the fiscal year ending Sep-
tember 30, 2002, and for other purposes.