by the President to the Congress: Provided further, That
notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and
design and military construction projects not otherwise
authorized by law.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Under this heading in Public Law 107–87, as amend-
ed by section 1106 of Public Law 107–117, delete
‘‘$116,023,000’’ and insert ‘‘$128,123,000’’.
TRANSPORTATION SECURITY ADMINISTRATION
For additional amounts for emergency expenses aris-
ing to implement the Federal takeover of airport security,
$3,850,000,000, to remain available until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That of the total amount provided herein, the fol-
lowing amounts are available for obligation only for the
specific purposes below:
(1) Physical modification of commercial service
airports for the purpose of installing checked bag-
gage explosive detection systems, including explosive
trace detection systems, $850,000,000;
(2) Procurement of explosive detection systems,
including explosive trace detection systems, for
checked baggage screening, $630,000,000;
(3) Reimbursement of air carriers for installa-
tion 
of 
intrusion-resistant 
cockpit 
doors,
$25,000,000;
(4) Competitive grants to critical national sea-
ports to finance the costs of enhancing facility and
operational security, $75,000,000;
(5) Reimbursement to airports for State and
local law enforcement officers, $75,000,000;
(6) Procurement of air-ground communications
systems and devices for the Federal air marshal pro-
gram, $20,000,000;
(7) Additional funding for the Department of
Transportation Crisis Management Center, to im-
prove transportation emergency response coordina-
tion, $2,100,000; and
(8) Replacement of magnetometers at airport
passenger screening locations in commercial service
airports, $20,000,000:
Provided further, That none of the funds in this Act shall
be used to recruit or hire personnel into the Transpor-
tation Security Administration which would cause the
agency to exceed a staffing level of 45,000 full-time per-
manent positions: Provided further, That of such amount,
$1,545,000,000 shall be available only to the extent an
official budget request for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
U.S. COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’
for emergency expenses for homeland security and other
purposes, $210,000,000, to remain available until Sep-
tember 30, 2003: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of such amount, $21,000,000 shall
be available only to the extent an official budget request
for a specific dollar amount that includes designation of
the entire amount of the request as an emergency require-
ment as defined in such Act is transmitted by the Presi-
dent to the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’ for emergency expenses for
homeland security and other purposes, $78,000,000: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $12,000,000 shall be available only
to the extent an official budget request for a specific dollar
amount that includes designation of the entire amount of
the request as an emergency requirement as defined in
such Act is transmitted by the President to the Congress.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(TRANSFER OF FUNDS)
For an additional amount for ‘‘Operations’’, up to
$25,000,000, to remain available until September 30,
2002, for security activities at Federal Aviation Adminis-
tration facilities, to be derived by transfer from ‘‘Facilities
and Equipment (Airport and Airway Trust Fund)’’.
GRANTS-IN-AID FOR AIRPORTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, notwith-
standing any other provision of law, for ‘‘Grants-in-aid for
airports’’, to enable the Federal Aviation Administrator to
compensate airports for a portion of the direct costs asso-
ciated with new, additional or revised security require-
ments imposed on airport operators by the Administrator
on or after September 11, 2001, $200,000,000, to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be
available only to the extent an official budget request for
a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement
as defined in such Act is transmitted by the President to
the Congress.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the ‘‘Emergency Relief
Program’’, as authorized by 23 U.S.C. 125, for emergency
expenses to respond to natural disasters or catastrophic
failures from external causes, $167,000,000, to be derived
from the Highway Trust Fund and to remain available
until expended, for the State of New York to respond to
the September 11, 2001, terrorist attacks on New York
City: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding 23 U.S.C. 120(e), the Fed-
eral share for any project on a Federal-aid highway re-
lated to the New York City terrorist attacks shall be 100
percent: Provided further, That notwithstanding 23 U.S.C.
125(d)(1), the Secretary of Transportation may obligate
more than $100,000,000 for those projects.
FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
BORDER ENFORCEMENT PROGRAM
(HIGHWAY TRUST FUND)
For necessary expenses of the Border Enforcement
Program to respond to the September 11, 2001, terrorist
attacks on the United States, $19,300,000, to be derived
from the Highway Trust Fund, of which $4,200,000 shall
be to implement section 1012 of Public Law 107–56 (USA
Patriot Act); $10,000,000 shall be for drivers’ license
fraud detection and prevention, the northern border safety
and security study, and hazardous material security edu-
cation and outreach; and $5,100,000 shall be for the pur-
poses of coordinating drivers’ license registration and so-
cial security number verification: Provided, That in con-
nection with such commercial drivers’ license fraud deter-
rence projects, the Secretary may enter into such con-
tracts or grants with the American Association of Motor
Vehicle Administrators, States, or other persons as the
Secretary may so designate to carry out these purposes:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
HAZARDOUS MATERIALS SECURITY
(HIGHWAY TRUST FUND)
For necessary expenses to implement the hazardous
materials safety permit program pursuant to 49 U.S.C.
5109, $5,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided,
That the entire amount is designated by the Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only to the extent
an official budget request for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
FEDERAL TRANSIT ADMINISTRATION
CAPITAL INVESTMENT GRANTS
For an additional amount for ‘‘Capital Investment
Grants’’ for emergency expenses to respond to the Sep-
tember 11, 2001, terrorist attacks in New York City,
$1,800,000,000, to remain available until expended to re-
place, rebuild, or enhance the public transportation sys-
tems serving the Borough of Manhattan, New York City,
New York: Provided, That the Secretary may use up to
1 percent of this amount for oversight activities: Provided
further, That these funds are subject to grant require-
ments as determined by the Secretary to ensure that eligi-
ble projects will improve substantially the mobility of com-
muters in Lower Manhattan: Provided further, That the
Federal share for any project funded from this amount
shall be 100 percent: Provided further, That these funds
are in addition to any other appropriation available for
these purposes: Provided further, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1101. Notwithstanding any other provision of
law, projects and activities designated on pages 82
through 92 of House Report 107–308 shall be eligible for
fiscal year 2002 funds made available for the program for
which each project or activity is so designated.
SEC. 1102. Section 335 of Public Law 107–87 is
hereby amended by inserting ‘‘or the Transportation Secu-
rity Administration’’ after ‘‘the Federal Aviation Adminis-
tration’’ and by inserting ‘‘, aviation security’’ after ‘‘air
navigation’’.
SEC. 1103. After the date of enactment of this Act,
no further Federal credit instruments may be issued pur-
suant to section 101(a)(1) of the Air Transportation Safe-
ty and System Stabilization Act in fiscal year 2002.
CHAPTER 12
DEPARTMENT OF THE TREASURY
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for expenses of expanded law enforcement train-
ing workload resulting from the September 11, 2001 ter-
rorist attacks against the United States, $15,870,000, to
remain available until September 30, 2003: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That such amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
is transmitted by the President to the Congress.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for expenses of expanded protective and investiga-
tive workload following the September 11, 2001 terrorist
attacks against the United States, $46,750,000, to remain
available until September 30, 2003, Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only
to the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is trans-
mitted by the President to the Congress.
POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for ‘‘Payment to the Postal
Service’’ for emergency expenses to enable the Postal
Service to protect postal employees and postal customers
from exposure to biohazardous material and to sanitize
and screen the mail, $87,000,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 107–67, $750,000 are rescinded.
ELECTION ADMINISTRATION REFORM AND RELATED
EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the implementation of
election administration reform, and related expenses,
$450,000,000, to remain available until expended: Pro-
vided, That such amount shall not be available for obliga-
tion until the enactment of legislation that establishes pro-
grams for improving the administration of elections: Pro-
vided further, That, upon the enactment of such legisla-
tion, the Director of the Office of Management and Budg-
et shall transfer the specific amounts authorized, for the
purposes designated, to the Federal entities specified by
such legislation, and according to the provisions estab-
lished in H.R. 3295, as passed by the House of Represent-
atives on December 12, 2001: Provided further, That,
within 15 days of such transfers, the Director of the Office
of Management and Budget shall notify the Congress of
the amounts transferred to each authorized Federal entity:
Provided further, That the entities to which the amounts
are transferred shall use the amounts to carry out the ap-
plicable provisions of such legislation: Provided further,
That the transfer authority provided in this paragraph
shall be in addition to any other transfer authority pro-
vided in this or any other Act.
INDEPENDENT AGENCIES
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $750,000 for unanticipated costs associated with
implementing the Bipartisan Campaign Reform Act.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
For an additional amount for ‘‘Federal Buildings
Fund’’ for building security emergency expenses resulting
from the September 11, 2001 terrorist attacks on the
United States, $51,800,000: Provided, That such amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1201. (a) RESCISSION.—Of the unobligated bal-
ance as of June 30, 2002, of the funds made available
for ‘‘Financial Management Service, Salaries and Ex-
penses’’ in chapter 10 of title II of Public Law 107–20,
$14,000,000 is rescinded.
(b) EFFECTIVE DATE.—Subsection (a) shall be effec-
tive June 30, 2002.
(c) SUPPLEMENTAL APPROPRIATION.—For an addi-
tional amount for ‘‘Internal Revenue Service, Business
Systems Modernization’’, there is appropriated the
amount rescinded pursuant to subsection (a), to remain
available until September 30, 2003. Such additional
amount may not be obligated until the Internal Revenue
Service submits to the Committees on Appropriations, and
such Committees approve, a plan for the expenditure of
such additional amount that complies with the require-
ments as specified in clauses (1) through (6) under such
heading in Public Law 107–67.
SEC. 1202. None of the funds appropriated in this
or any other Act may be used to transfer the functions,
missions, or activities of the United States Customs Serv-
ice to the Department of Justice.
SEC. 1203. (a) The Federal Law Enforcement Train-
ing Center may, for a period ending not later than 5 years
after the date of the enactment of this Act, appoint and
maintain a cadre of up to 250 Federal annuitants—(1)
without regard to any provision of title 5, United States
Code, which might otherwise require the application of
competitive hiring procedures; and (2) who shall not be
subject to any reduction in pay (for annuity allocable to
the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision
of any other retirement system for employees. A reem-
ployed Federal annuitant as to whom a waiver of reduc-
tion under paragraph (2) applies shall not, for any period
during which such waiver is in effect, be considered an
employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, or such other
retirement system (referred to in paragraph (2)) as may
apply.
(b) No appointment under this section may be made
which would result in the displacement of any employee.
(c) For purposes of this section—
(1) the term ‘‘Federal annuitant’’ means an
employee who has retired under the Civil Service Re-
tirement System, the Federal Employees’ Retire-
ment System, or any other retirement system for
employees;
(2) the term ‘‘employee’’ has the meaning given
such term by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be
done on a full time equivalent basis.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For an additional amount for ‘‘Medical care’’,
$417,000,000: Provided, That the funds provided herein
be allocated using the VERA methodology: Provided fur-
ther, That for the purposes of enabling the collection from
third-party insurance carriers for non-service related med-
ical care of veterans, all Department of Veterans Affairs
healthcare facilities are hereby certified as Medicare and
Medicaid providers and the Centers for Medicare and
Medicaid Services within the Department of Health and
Human Services shall issue each Department of Veterans
Affairs healthcare facility a provider number as soon as
practicable after the date of enactment of this Act: Pro-
vided further, That nothing in the preceding proviso shall
be construed to enable the Department of Veterans Affairs
to bill Medicare or Medicaid for any medical services pro-
vided by the Veterans Health Administration or to require
the Centers for Medicare and Medicaid Services to pay
for any medical services provided by the Department of
Veterans Affairs.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading or the heading ‘‘Annual
contributions for assisted housing’’ or any other heading
for fiscal year 2002 and prior years, $300,000,000 is here-
by rescinded: Provided, That any such balances governed
by reallocation provisions under the statute authorizing
the program for which the funds were originally appro-
priated shall not be available for this rescission.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for the ‘‘Community Devel-
opment Fund’’ for emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United
States, $750,000,000, to remain available until expended:
Provided, That the State of New York, in cooperation with
the City of New York, shall, through the Lower Manhat-
tan Development Corporation, distribute these funds: Pro-
vided further, That such funds may be used for assistance
for properties and businesses (including the restoration of
utility infrastructure) damaged by, and for economic revi-
talization directly related to, the terrorist attacks on the
United States that occurred on September 11, 2001, in
New York City and for reimbursement to the State and
City of New York for expenditures incurred from the reg-
ular Community Development Block Grant formula alloca-
tion used to achieve these same purposes: Provided further,
That the State of New York is authorized to provide such
assistance to the City of New York: Provided further, That
in administering these funds and funds under section 108
of such Act used for economic revitalization activities in
New York City, the Secretary may waive, or specify alter-
native requirements for, any provision of any statute or
regulation that the Secretary administers in connection
with the obligation by the Secretary or the use by the re-
cipient of thee funds or guarantees (except for require-
ments related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such
waiver is required to facilitate the use of such funds or
guarantees: Provided further, That such funds shall not
adversely affect the amount of any formula assistance re-
ceived by the State of New York, New York City, or any
categorical application for other Federal assistance: Pro-
vided further, That the Secretary shall publish in the Fed-
eral Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Hous-
ing and Community Development Act of 1974, as amend-
ed, no later than 5 days before the effective date of such
waiver: Provided further, That the Secretary shall notify
the Committees on Appropriations on the proposed alloca-
tion of any funds and any related waivers pursuant to this
section no later than 5 days before such allocation: Pro-
vided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
The referenced statement of the managers under the
heading ‘‘Community development fund’’ in title II of
Public Law 106–377 is deemed to be amended by striking
‘‘$2,000,000 is for the Louisville Community Development
Bank for the Louisville Neighborhood Initiative’’ and in-
serting ‘‘$2,000,000 for neighborhood revitalization activi-
ties in Louisville, Kentucky, as follows: $170,000 to the
Christian Church Homes of Kentucky for facility upgrades
at Chapel House, $500,000 to the Louisville Medical Cen-
ter Development Corporation for expansion of a research
park, $400,000 to the Louisville Science Center for con-
struction of a permanent exhibition, $150,000 to the New
Zion Community Development Foundation for renovation
of a facility, $400,000 to the Presbyterian Community
Center for construction of a facility, $180,000 to the St.
Stephen Family Life Center for renovation of a facility,
and $200,000 to the United Crescent Hill Ministries for
renovation of a facility’’.
The referenced statement of the managers under the
heading ‘‘Community development fund’’ in title II of
Public Law 107–73 is deemed to be amended by striking
‘‘$3,000,000 for the Louisville Community Development
Bank for continuation of the Louisville Neighborhood Ini-
tiative’’ and inserting ‘‘$3,000,000 for neighborhood revi-
talization activities in Louisville, Kentucky, as follows:
$250,000 to the Bridgehaven Mental Health Agency for
planning and development of a facility, $600,000 to the
Cable Life Community Enrichment Corporation for con-
struction of a facility, $350,000 to Catholic Charities for
renovation of a facility, $500,000 to the Center for
Women and Families for an affordable housing program,
$100,000 to the Clifton Cultural Center for renovation of
a historic building, $200,000 to Harrods Creek Commu-
nity Development for construction of a facility, $200,000
to the James Taylor Memorial Home for facility improve-
100
ments, $600,000 to the Kentucky Art and Craft Founda-
tion for renovation of a facility, and $200,000 to the Shel-
by Park Neighborhood Association for facility construc-
tion’’.
HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The limitation otherwise applicable to the maximum
payments that may be required in any fiscal year by all
contracts entered into under section 236 of the National
Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year
2002 by not more than $300,000,000 in uncommitted bal-
ances of authorizations of contract authority provided for
this purpose in appropriations acts: Provided, That up to
$300,000,000 of recaptured section 236 budget authority
resulting from the prepayment of mortgages subsidized
under section 236 of the National Housing Act (12 U.S.C.
1715z–1) shall be rescinded in fiscal year 2002.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For an additional amount for ‘‘National Institute of
Environmental Health Sciences’’, $8,000,000, to carry out
101
activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 in response
to the September 11, 2001, terrorist attacks on the United
States: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $11,300,000, of which $1,800,000 is for addi-
tional expenses incurred in response to the September 11,
2001, terrorist attacks on the United States, and of which
$9,500,000 is to enhance the States’ capacity to respond
to chemical terrorism events: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
ance Budget and Emergency Deficit Control Act of 1985,
as amended.
102
ENVIRONMENTAL PROTECTION AGENCY
STATE AND TRIBAL ASSISTANCE GRANTS
The referenced statement of the managers under this
heading in Public Law 106–377 is deemed to be amended
by striking everything after ‘‘$1,000,000’’ in reference to
item number 91 and inserting ‘‘for Carrolton Utilities
($500,000), City of Williamston ($100,000) and Pen-
dleton County Industrial Authority ($400,000)’’.
The referenced statement of the managers under this
heading in Public Law 107–73 is deemed to be amended
by striking everything after ‘‘for’’ in reference to item
number 202 and inserting ‘‘storm water infrastructure im-
provements’’.
Grants appropriated under this heading in Public
Law 107–73 for drinking water infrastructure needs in
the New York City watershed shall be awarded under sec-
tion 1443(d) of the Safe Drinking Water Act, as amended.
The referenced statement of the managers under this
heading in Public Law 106–377 is deemed to be amended
by striking everything after ‘‘$2,000,000’’ in reference to
item number 168 and inserting ‘‘for the Town of Wallace,
North Carolina for a regional wastewater infrastructure
improvement project ($1,000,000), and for the Town of
Cary, North Carolina for wastewater infrastructure im-
103
provements 
including 
the 
treatment 
of 
biosolids
($1,000,000).’’.
The referenced statement of managers under this
heading in Public Law 107–73 is deemed to be amended
in item 19 by inserting the words ‘‘water and’’ after the
word ‘‘for’’.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief’’ for
necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), and the Federal Fire Prevention and Con-
trol Act of 1974, as amended (15 U.S.C. 2201 et seq.),
$2,750,000,000 to remain available until expended: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That notwithstanding any other provision of law, the
Texas Medical Center may be provided FEMA Public As-
sistance and Hazard Mitigation grants as an agent for eli-
gible applicants.
DISASTER ASSISTANCE FOR UNMET NEEDS
For an additional amount for ‘‘Disaster assistance
for unmet needs’’, $23,320,000, to remain available until
September 30, 2004, for use by the Director of the Fed-
104
eral Emergency Management Agency (Director) only for
disaster relief, long-term recovery, and mitigation in com-
munities affected by Presidentially-declared natural disas-
ters designated during fiscal year 2002, only to the extent
funds are not made available for those activities by the
Federal Emergency Management Agency (under its ‘‘Dis-
aster relief’’ program) or the Small Business Administra-
tion; Provided, That in administering these funds the Di-
rector shall allocate these funds to States to be adminis-
tered by each State in conjunction with its Federal Emer-
gency Management Agency Disaster Relief program: Pro-
vided further, That each State shall provide not less than
25 percent in non-Federal public matching funds or its
equivalent value (other than administrative costs) for any
funds allocated to the State under this heading: Provided
further, That the Director shall allocate these funds based
on the unmet needs arising from a Presidentially-declared
disaster as identified by the Director as those which have
not or will not be addressed by other Federal disaster as-
sistance programs and for which it is deemed appropriate
to supplement the efforts and available resources of
States, local governments and disaster relief organiza-
tions: Provided further, That the Director shall establish
review groups within the Federal Emergency Management
Agency to review each request by a State of its unmet
105
needs and certify as to the actual costs associated with
the unmet needs as well as the commitment and ability
of each State to provide its match requirement: Provided
further, That the Director shall publish a notice in the
Federal Register governing the allocation and use of the
funds under this heading, including provisions for ensur-
ing the compliance of the States with the requirements
of this program: Provided further, That 10 days prior to
distribution of funds, the Director shall submit a list to
the House and Senate Committees on Appropriations set-
ting forth the proposed uses of funds and the most recent
estimates of unmet needs: Provided further, That the Di-
rector shall submit quarterly reports to said Committees
regarding the actual projects and needs for which funds
have been provided under this heading: Provided further,
That to the extent any funds under this heading are used
in a manner inconsistent with the requirements of the pro-
gram established under this heading and rules issued pur-
suant thereto, the Director shall recapture an equivalent
amount of funds from the State from any existing funds
or future funds awarded to the State under this heading
or any other program administered by the Federal Emer-
gency Management Agency: Provided further, That the en-
tire amount shall be available only to the extent an official
budget request, that includes designation of the entire
106
amount of the request as an emergency requirement as
defined by the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ‘‘Emergency manage-
ment planning and assistance’’ for emergency expenses to
respond to the September 11, 2001 terrorist attacks on
the United States, $151,700,000 to remain available until
September 30, 2002: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1301. Notwithstanding the first paragraph of
the item in title II of Public Law 107–73 relating to ‘‘Fed-
eral housing administration, Mutual mortgage insurance
program account’’, during fiscal year 2002, commitments
to guarantee loans to carry out the purposes of section
203(b) of the National Housing Act shall not exceed a
loan principal of $165,000,000,000.
107
SEC. 1302. Notwithstanding the first paragraph of
the item in title II of Public Law 107–73 related to ‘‘Fed-
eral housing administration, General and special risk pro-
gram account’’, any amounts made available for fiscal year
2002 for the cost of guaranteed loans, as authorized by
sections 238 and 519 of the National Housing Act (12
U.S.C. 1715z–3 and 1735c), including the cost of loan
guarantee modifications (as that term is defined in section
502 of the Congressional Budget Act of 1974), shall be
available to subsidize total loan principal, any part of
which is to be guaranteed, of up to $23,000,000,000.
CHAPTER 14
GENERAL PROVISIONS
SEC. 1401. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 1402. Notwithstanding any other provision of
law, 
all 
adjustments 
made 
pursuant 
to 
section
251(b)(1)(B) of the Balanced Budget and Emergency
Deficit and Control Act of 1985 to the highway category
and to section 8103(a)(5) of the Transportation Equity
Act for the 21st Century for fiscal year 2003 shall be
deemed to be zero. This section shall apply immediately
to all reports issued pursuant to section 254 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
108
for fiscal year 2003, including the discretionary sequester
preview report.
SEC. 1403. Section 3101 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(d) The United States Government shall take all
steps necessary to guarantee the full faith and credit of
the Government.’’.
SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PUR-
POSES OF REIMBURSEMENT UNDER THE
MEDICARE PROGRAM.
(a) RECLASSIFICATION OF CERTAIN PENNSYLVANIA
COUNTIES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, effective for discharges occurring
during fiscal year 2003, for purposes of making pay-
ments under subsections (d) and (j) of section 1886
of the Social Security Act (42 U.S.C. 1395ww) to
hospitals (including rehabilitation hospitals and re-
habilitation units under such subsection (j))—
(A) in Lackawanna, Lucerne, Wyoming,
Lycoming, and Columbia Counties, Pennsyl-
vania, such counties are deemed to be located
in the Newburgh, New York-PA Metropolitan
Statistical Area; and
109
(B) in Mercer County, Pennsylvania, such
county is deemed to be located in Youngston-
Warren, Ohio Metropolitan Statistical Area.
(2) RULES.—The reclassifications made under
paragraph (1) with respect to a subsection (d) hos-
pital shall be treated as a decision of the Medicare
Geographic Classification Review Board under para-
graph (10) of section 1886(d) of the Social Security
Act (42 U.S.C. 1395ww(d)).
(b) LARGE URBAN AREA OF NEW YORK.—Notwith-
standing any other provision of law, effective for dis-
charges occurring on or after October 1, 2002, and before
October 1, 2005, for purposes of making payments under
section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) the large urban area of New York, New York
is deemed to include Orange County, New York, and
Dutchess County, New York.
SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECO-
NOMIC RECOVERY ACT.
Section 213(b)(2)(A) of the Caribbean Basin Eco-
nomic Recovery Act (title II of Public Law 98–67; 19
U.S.C. 2703(b)(2)(A)) is amended—
(1) in clause (i), by adding at the end the fol-
lowing:
110
‘‘Apparel articles shall qualify under the
preceding sentence only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are knit fab-
rics, is carried out in the United States. Ap-
parel articles shall qualify under the first sen-
tence of this clause only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are woven fab-
rics, is carried out in the United States.’’; and
(2) in clause (ii), by adding at the end the fol-
lowing:
‘‘Apparel articles shall qualify under the
preceding sentence only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are knit fab-
rics, is carried out in the United States. Ap-
parel articles shall qualify under the first sen-
tence of this clause only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are woven fab-
rics, is carried out in the United States.’’.
(b) ANDEAN TRADE PREFERENCE ACT.—Any duty
free or other preferential treatment provided under the
Andean Trade Preference Act to apparel articles assem-
111
bled from fabric formed in the United States shall apply
to such articles only if all dyeing, printing, and finishing
of the fabrics from which the articles are assembled if the
fabrics are knit fabrics, is carried out in the United States.
Any duty-free or other preferential treatment provided
under the Andean Trade Preference Act to apparel articles
assembled from fabric formed in the United States shall
apply to such articles only if all dyeing, printing, and fin-
ishing of the fabrics from which the articles are assembled
if the fabrics are woven fabrics, is carried out in the
United States.
(c) EFFECTIVE
DATE.—Subsection (b) and the
amendments made by subsection (a) shall take effect—
(1) 90 days after the date of the enactment of
this Act, or
(2) September 1, 2002,
whichever occurs first.
SEC. 1406. Congress shall take all steps necessary
to ensure that section 5402 of title 39, United States
Code, is amended to allow the United States Postal Serv-
ice to tender non-priority bypass mail to mainline carriers
who carry mainline non-priority bypass mail. Congress
shall take all steps necessary to ensure that section 5402
of title 39, United States Code, is further amended to
allow the United States Postal Service to tender non-pri-
112
ority bypass mail to bush carriers, on a route not served
by a mainline carriers or between two bush points. Car-
riers are encouraged to upgrade their operating certifi-
cates and increase passenger service. Carriers who make
these changes may be tendered a greater percentage of
non-priority bypass mail. Congress shall take all steps nec-
essary to ensure that the Secretary of the Department of
Transportation sets non-priority bypass mail rate as is
deemed necessary to continue the bypass mail service. The
requirements of these provisions will only be in effect in
the State of Alaska.
TITLE II—AMERICAN SERVICE-
MEMBERS’ PROTECTION ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘American
Servicemembers’ Protection Act of 2002’’.
SEC. 2002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court,
meeting in Rome, Italy, adopted the ‘‘Rome Statute
of the International Criminal Court’’. The vote on
whether to proceed with the statute was 120 in favor
to 7 against, with 21 countries abstaining. The
113
United States voted against final adoption of the
Rome Statute.
(2) As of April 30, 2001, 139 countries had
signed the Rome Statute and 30 had ratified it. Pur-
suant to Article 126 of the Rome Statute, the stat-
ute will enter into force on the first day of the
month after the 60th day following the date on
which the 60th country deposits an instrument rati-
fying the statute.
(3) Since adoption of the Rome Statute, a Pre-
paratory Commission for the International Criminal
Court has met regularly to draft documents to im-
plement the Rome Statute, including Rules of Proce-
dure and Evidence, Elements of Crimes, and a defi-
nition of the Crime of Aggression.
(4) During testimony before the Congress fol-
lowing the adoption of the Rome Statute, the lead
United 
States 
negotiator, 
Ambassador 
David
Scheffer stated that the United States could not
sign the Rome Statute because certain critical nego-
tiating objectives of the United States had not been
achieved. As a result, he stated: ‘‘We are left with
consequences that do not serve the cause of inter-
national justice.’’
114
(5) Ambassador Scheffer went on to tell the
Congress that: ‘‘Multinational peacekeeping forces
operating in a country that has joined the treaty can
be exposed to the Court’s jurisdiction even if the
country of the individual peacekeeper has not joined
the treaty. Thus, the treaty purports to establish an
arrangement whereby United States armed forces
operating overseas could be conceivably prosecuted
by the international court even if the United States
has not agreed to be bound by the treaty. Not only
is this contrary to the most fundamental principles
of treaty law, it could inhibit the ability of the
United States to use its military to meet alliance ob-
ligations and participate in multinational operations,
including humanitarian interventions to save civilian
lives. Other contributors to peacekeeping operations
will be similarly exposed.’’.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the
Rome Statute on December 31, 2000. In a state-
ment issued that day, he stated that in view of the
unremedied deficiencies of the Rome Statute, ‘‘I will
not, and do not recommend that my successor sub-
mit the Treaty to the Senate for advice and consent
until our fundamental concerns are satisfied’’.
115
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome Stat-
ute, be denied procedural protections to which all
Americans are entitled under the Bill of Rights to
the United States Constitution, such as the right to
trial by jury.
(8) Members of the Armed Forces of the
United States should be free from the risk of pros-
ecution by the International Criminal Court, espe-
cially when they are stationed or deployed around
the world to protect the vital national interests of
the United States. The United States Government
has an obligation to protect the members of its
Armed Forces, to the maximum extent possible,
against criminal prosecutions carried out by the
International Criminal Court.
(9) In addition to exposing members of the
Armed Forces of the United States to the risk of
international criminal prosecution, the Rome Statute
creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory
Commission agrees on a definition of the Crime of
Aggression over United States objections, senior
116
United States officials may be at risk of criminal
prosecution for national security decisions involving
such matters as responding to acts of terrorism, pre-
venting the proliferation of weapons of mass destruc-
tion, and deterring aggression. No less than mem-
bers of the Armed Forces of the United States, sen-
ior officials of the United States Government should
be free from the risk of prosecution by the Inter-
national Criminal Court, especially with respect to
official actions taken by them to protect the national
interests of the United States.
(10) Any agreement within the Preparatory
Commission on a definition of the Crime of Aggres-
sion that usurps the prerogative of the United Na-
tions Security Council under Article 39 of the char-
ter of the United Nations to ‘‘determine the exist-
ence of any . . . . act of aggression’’ would contravene
the charter of the United Nations and undermine
deterrence.
(11) It is a fundamental principle of inter-
national law that a treaty is binding upon its parties
only and that it does not create obligations for non-
parties without their consent to be bound. The
United States is not a party to the Rome Statute
and will not be bound by any of its terms. The
117
United States will not recognize the jurisdiction of
the International Criminal Court over United States
nationals.
SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS
OF THIS TITLE.
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 5
AND 7.—The President is authorized to waive the prohibi-
tions and requirements of sections 2005 and 2007 for a
single period of 1 year. A waiver under this subsection
may be issued only if the President at least 15 days in
advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court has entered into a binding agree-
ment that—
(A) prohibits the International Criminal
Court from seeking to exercise jurisdiction over
the following persons with respect to actions
undertaken by them in an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
118
(iii) individuals who were covered
United States persons or covered allied
persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
prosecuted, or imprisoned by or on behalf of the
International Criminal Court.
(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS
5 AND 7.—The President is authorized to waive the prohi-
bitions and requirements of sections 2005 and 2007 for
successive periods of 1 year each upon the expiration of
a previous waiver pursuant to subsection (a) or this sub-
section. A waiver under this subsection may be issued only
if the President at least 15 days in advance of exercising
such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court—
(A) remains party to, and has continued to
abide by, a binding agreement that—
(i) prohibits the International Crimi-
nal Court from seeking to exercise jurisdic-
119
tion over the following persons with respect
to actions undertaken by them in an offi-
cial capacity:
(I) covered United States per-
sons;
(II) covered allied persons; and
(III) individuals who were cov-
ered United States persons or covered
allied persons; and
(ii) ensures that no person described
in clause (i) will be arrested, detained,
prosecuted, or imprisoned by or on behalf
of the International Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in
clause (i) of subparagraph (A).
(c) AUTHORITY TO WAIVE SECTIONS 4 AND 6 WITH
RESPECT TO AN INVESTIGATION OR PROSECUTION OF A
NAMED INDIVIDUAL.—The President is authorized to
waive the prohibitions and requirements of sections 2004
and 2006 to the degree such prohibitions and require-
ments would prevent United States cooperation with an
investigation or prosecution of a named individual by the
International Criminal Court. A waiver under this sub-
120
section may be issued only if the President at least 15
days in advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that—
(A) a waiver pursuant to subsection (a) or
(b) of the prohibitions and requirements of sec-
tions 2005 and 2007 is in effect;
(B) there is reason to believe that the
named individual committed the crime or
crimes that are the subject of the International
Criminal Court’s investigation or prosecution;
(C) it is in the national interest of the
United States for the International Criminal
Court’s investigation or prosecution of the
named individual to proceed; and
(D) in investigating events related to ac-
tions by the named individual, none of the fol-
lowing persons will be investigated, arrested,
detained, prosecuted, or imprisoned by or on
behalf of the International Criminal Court with
respect to actions undertaken by them in an of-
ficial capacity:
121
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied
persons.
(d) TERMINATION OF WAIVER PURSUANT TO SUB-
SECTION (c).—Any waiver or waivers exercised pursuant
to subsection (c) of the prohibitions and requirements of
sections 2004 and 2006 shall terminate at any time that
a waiver pursuant to subsection (a) or (b) of the prohibi-
tions and requirements of sections 2005 and 2007 expires
and is not extended pursuant to subsection (b).
(e) TERMINATION
OF
PROHIBITIONS
OF
THIS
TITLE.—The prohibitions and requirements of sections
2004, 2005, 2006, and 2007 shall cease to apply, and the
authority of section 2008 shall terminate, if the United
States becomes a party to the International Criminal
Court pursuant to a treaty made under article II, section
2, clause 2 of the Constitution of the United States.
SEC. 2004. PROHIBITION ON COOPERATION WITH THE
INTERNATIONAL CRIMINAL COURT.
(a) APPLICATION.—The provisions of this section—
(1) apply only to cooperation with the Inter-
national Criminal Court and shall not apply to co-
operation with an ad hoc international criminal tri-
122
bunal established by the United Nations Security
Council before or after the date of the enactment of
this Act to investigate and prosecute war crimes
committed in a specific country or during a specific
conflict; and
(2) shall not prohibit—
(A) any action permitted under section
2008; or
(B) communication by the United States of
its policy with respect to a matter.
(b) PROHIBITION
ON RESPONDING
TO REQUESTS
FOR COOPERATION.—Notwithstanding section 1782 of
title 28, United States Code, or any other provision of law,
no United States Court, and no agency or entity of any
State or local government, including any court, may co-
operate with the International Criminal Court in response
to a request for cooperation submitted by the Inter-
national Criminal Court pursuant to the Rome Statute.
(c) PROHIBITION
ON TRANSMITTAL
OF LETTERS
ROGATORY
FROM
THE
INTERNATIONAL
CRIMINAL
COURT.—Notwithstanding section 1781 of title 28,
United States Code, or any other provision of law, no
agency of the United States Government may transmit for
execution any letter rogatory issued, or other request for
cooperation made, by the International Criminal Court to
123
the tribunal, officer, or agency in the United States to
whom it is addressed.
(d) PROHIBITION ON EXTRADITION TO THE INTER-
NATIONAL CRIMINAL COURT.—Notwithstanding any other
provision of law, no agency or entity of the United States
Government or of any State or local government may ex-
tradite any person from the United States to the Inter-
national Criminal Court, nor support the transfer of any
United States citizen or permanent resident alien to the
International Criminal Court.
(e) PROHIBITION ON PROVISION OF SUPPORT TO
THE
INTERNATIONAL
CRIMINAL
COURT.—Notwith-
standing any other provision of law, no agency or entity
of the United States Government or of any State or local
government, including any court, may provide support to
the International Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS
TO ASSIST
THE INTERNATIONAL CRIMINAL COURT.—
Notwithstanding any other provision of law, no funds ap-
propriated under any provision of law may be used for
the purpose of assisting the investigation, arrest, deten-
tion, extradition, or prosecution of any United States cit-
izen or permanent resident alien by the International
Criminal Court.