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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1715z–1) shall be rescinded in fiscal year 2002.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
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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.
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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-
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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-
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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
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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
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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.
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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
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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
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(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:
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‘‘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-
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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-
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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
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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.’’
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(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’’.
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(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
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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
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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
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(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-
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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-
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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:
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(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-
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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
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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.
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(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
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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—
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(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
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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-
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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-
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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
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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);
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(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-
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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.
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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
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(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.
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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,
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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.
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(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,
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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
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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).
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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:
JEFF TRANDAHL,
Clerk.
Calendar No. 405
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.
JUNE 3, 2002
Received; read twice and placed on the calendar