[Congressional Record Volume 147, Number 126 (Tuesday, September 25, 2001)]
[Senate]
[Pages S9811-S9819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1672. Mr. DOMENICI (for himself, Mr. Allard, Mr. Daschle, Mr. 
Bingaman, and Mr. Reid) submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place, insert the following:

[[Page S9812]]

     SEC. ____. RADIATION EXPOSURE COMPENSATION ACT MANDATORY 
                   APPROPRIATIONS.

       Section 3(e) of the Radiation Exposure Compensation Act (42 
     U.S.C. 2210 note) is amended to read as follows:
       ``(e) Appropriation.--
       ``(1) In general.--Subject to the limits in paragraph (2), 
     there are appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the fiscal year 2002, and each 
     fiscal year thereafter through 2011, such sums as may be 
     necessary to the Fund for the purpose of making payments to 
     eligible beneficiaries under this Act.
       ``(2) Limitation.--Amounts appropriated pursuant to 
     paragraph (1) may not exceed--
       ``(A) in fiscal year 2002, $172,000,000;
       ``(B) in fiscal year 2003, $143,000,000;
       ``(C) in fiscal year 2004, $107,000,000;
       ``(D) in fiscal year 2005, $65,000,000;
       ``(E) in fiscal year 2006, $47,000,000;
       ``(F) in fiscal year 2007, $29,000,000;
       ``(G) in fiscal year 2008, $29,000,000;
       ``(H) in fiscal year 2009, $23,000,000;
       ``(I) in fiscal year 2010, $23,000,000; and
       ``(J) in fiscal year 2011, $17,000,000.''.
                                  ____

  SA 1673. Mr. THURMOND (for himself, Mr. Lott, Mr. Bond, Mr. Inouye, 
Mr. Cleland, Mr. Hutchinson, Mr. McCain, Mr. Lugar, Mr. Reid, Mr. 
Sessions, Mrs. Hutchison, Mr. DeWine, Ms. Landrieu, Mr. Lieberman, Mr. 
Shelby, Ms. Collins, Mr. Breaux, Mr. Dodd, Mr. Johnson, Mr. Allen, Mr. 
Bennett, Mr. Bingaman, Mrs. Carnahan, Mr. Crapo, Mr. Ensign, Mr. Helms, 
Mr. Inhofe, Mr. Jeffords, Mr. Kerry, Mrs. Lincoln, Mrs. Murray, Ms. 
Snowe, Mr. Torricelli, and Ms. Cantwell) submitted an amendment 
intended to be proposed by him to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 209, between lines 12 and 13, insert the following:

     SEC. 652. COMPUTATION OF SURVIVOR BENEFITS.

       (a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) 
     of section 1451 of title 10, United States Code, is amended 
     by striking ``35 percent of the base amount.'' and inserting 
     ``the product of the base amount and the percent applicable 
     for the month. The percent applicable for a month is 35 
     percent for months beginning on or before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2002, 40 percent for months beginning after such 
     date and before October 2005, and 45 percent for months 
     beginning after September 2005.''.
       (2) Subsection (a)(2)(B)(i)(I) of such section is amended 
     by striking ``35 percent'' and inserting ``the percent 
     specified under subsection (a)(1)(B)(i) as being applicable 
     for the month''.
       (3) Subsection (c)(1)(B)(i) of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) The heading for subsection (d)(2)(A) of such section is 
     amended to read as follows: ``Computation of annuity.--''.
       (b) Adjusted Supplemental Annuity.--Section 1457(b) of 
     title 10, United States Code, is amended--
       (1) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (2) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     on or before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2002, 15 percent 
     for months beginning after that date and before October 2005, 
     and 10 percent for months beginning after September 2005.''.
       (c) Recomputation of Annuities.--(1) Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) The requirements for recomputation of annuities under 
     paragraph (1) apply with respect to the following months:
       (A) The first month that begins after the date of the 
     enactment of this Act.
       (B) October 2005.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.
                                  ____

  SA 1674. Mr. WARNER proposed an amendment to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       Strike section 821 of the bill.
                                  ____

  SA 1675. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title XXXI, add the following:

     SEC. 3159. CLARIFICATION OF CALCULATION OF ANNUAL INFLATION 
                   ADJUSTMENT FOR ECONOMIC ASSISTANCE PAYMENTS FOR 
                   THE WASTE ISOLATION PILOT PLANT.

       (a) Clarification.--Section 15(c) of the Waste Isolation 
     Pilot Plant Land Withdrawal Act (Public Law 102-579; 106 
     Stat. 4791) is amended--
       (1) in paragraph (1)--
       (A) in the matter before subparagraph (A), by inserting 
     after ``such subsection'' the following: ``, as adjusted from 
     time to time under this subsection,''; and
       (B) in subparagraph (B), by inserting after ``decrease'' 
     the following: ``for such fiscal year''; and
       (2) in paragraph (2), by striking ``the fiscal year prior 
     to the first fiscal year to which subsection (a) applies'' 
     and inserting ``the fiscal year preceding such preceding 
     fiscal year''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1998, and shall apply with 
     respect to fiscal years beginning on or after the date.
       (c) Availability of Additional Amounts for Payment Under 
     Retroactive Amendment.--(1) The Secretary of Energy shall 
     determine the amount that would have been available for 
     economic assistance payments under section 15 of the Waste 
     Isolation Pilot Plant Land Withdrawal Act in each of fiscal 
     years 1999, 2000, and 2001 if the amendments made by 
     subsection (a) had taken effect on October 1, 1998.
                                  ____

  SA 1676. Mr. NELSON of Nebraska (for himself, Mr. Bunning, Mr. 
Cleland, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of subtitle A of title XXIX, add the following:

     SEC. 2905. RENAMING OF DEFENSE BASE CLOSURE AND REALIGNMENT 
                   ACT OF 1990 AND DEFENSE BASE CLOSURE AND 
                   REALIGNMENT COMMISSION.

       (a) Renaming of Act.--(1) Section 2901(a) of the Defense 
     Base Closure and Realignment Act of 1990 (part A of title 
     XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended 
     by striking `` `Defense Base Closure and Realignment Act of 
     1990' '' and inserting `` `Defense Base Review Act of 1990' 
     ''.
       (2) Any reference in any law, regulation, document, paper, 
     or other record of the United States to the Defense Base 
     Closure and Realignment Act of 1990 shall be deemed to be a 
     reference to the Defense Base Review Act of 1990.
       (b) Renaming of Commission.--(1) Section 2902(a) of that 
     Act is amended by striking `` `Defense Base Closure and 
     Realignment Commission' '' and inserting `` `Defense Base 
     Review Commission' ''.
       (2) Any reference in any law, regulation, document, paper, 
     or other record of the United States to the Defense Base 
     Closure and Realignment Commission shall be deemed to be a 
     reference to the Defense Base Review Commission.
                                  ____

  SA 1677. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military

[[Page S9813]]

activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 377, between lines 3 and 4, insert the following:

     SEC. 1124. AUTHORITY TO EXEMPT CERTAIN HEALTH CARE 
                   PROFESSIONALS FROM EXAMINATION FOR APPOINTMENT 
                   IN THE COMPETITIVE CIVIL SERVICE.

       (a) Authority To Exempt.--Chapter 81 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 1599d. Appointment in competitive civil service of 
       certain health care professionals: exemption from 
       examination

       ``(a) Authority To Exempt.--The Secretary of Defense may 
     appoint in the competitive civil service without regard to 
     the provisions of subchapter I of chapter 33 of title 5 
     (other than sections 3303, 3321, and 3328 of such title) an 
     individual who has a recognized degree or certificate from an 
     accredited institution in a covered health-care profession or 
     occupation.
       ``(b) Covered Health-Care Profession or Occupation.--For 
     purposes of subsection (a), a covered health-care profession 
     or occupation is any of the following:
       ``(1) Physician.
       ``(2) Dentist.
       ``(3) Podiatrist.
       ``(4) Optometrist.
       ``(5) Pharmacist.
       ``(6) Nurse.
       ``(7) Physician assistant.
       ``(8) Audiologist.
       ``(9) Expanded-function dental auxiliary.
       ``(10) Dental hygienist.
       ``(c) Preferences in Hiring.--In using the authority 
     provided by this section, the Secretary shall apply the 
     principles of preference for the hiring of veterans and other 
     persons established in subchapter I of chapter 33 of title 
     5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1599d. Appointment in competitive civil service of certain health 
              care professionals: exemption from examination.''.
                                  ____

  SA 1678. Mr. WARNER (for Ms. Collins (for himself, Ms. Landrieu, and 
Mr. Allard)) proposed an amendment to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. 718. MODIFICATION OF PROHIBITION ON REQUIREMENT OF 
                   NONAVAILABILITY STATEMENT OR PREAUTHORI- 
                   ZATION.

       (a) Clarification of Covered Beneficiaries.--Subsection (a) 
     of section 721 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted in Public 
     Law 106-398; 114 Stat. 1654A-184) is amended by striking 
     ``covered beneficiary under chapter 55 of title 10, United 
     States Code, who is enrolled in TRICARE Standard,`` and 
     inserting ``covered beneficiary under TRICARE Standard 
     pursuant to chapter 55 of title 10, United States Code,''.
       (b) Repeal of Requirement for Notification Regarding Health 
     Care Received From Another Source.--Subsection (b) of such 
     section is repealed.
       (c) Waiver Authority.--Such section, as so amended, is 
     further amended by striking subsection (c) and inserting the 
     following:
       ``(b) Waiver Authority.--The Secretary may waive the 
     prohibition in subsection (a) if--
       ``(1) the Secretary--
       ``(A) demonstrates that significant costs would be avoided 
     by performing specific procedures at the affected military 
     medical treatment facility or facilities;
       ``(B) determines that a specific procedure must be provided 
     at the affected military medical treatment facility or 
     facilities to ensure the proficiency levels of the 
     practitioners at the facility or facilities; or
       ``(C) determines that the lack of nonavailability statement 
     data would significantly interfere with TRICARE contract 
     administration;
       ``(2) the Secretary provides notification of the 
     Secretary's intent to grant a waiver under this subsection to 
     covered beneficiaries who receive care at the military 
     medical treatment facility or facilities that will be 
     affected by the decision to grant a waiver under this 
     subsection;
       ``(3) the Secretary notifies the Committees on Armed 
     Services of the House of Representatives and the Senate of 
     the Secretary's intent to grant a waiver under this 
     subsection, the reason for the waiver, and the date that a 
     nonavailability statement will be required; and
       ``(4) 60 days have elapsed since the date of the 
     notification described in paragraph (3).''.
       (d) Delay of Effective Date.--Subsection (d) of such 
     section is amended--
       (1) by striking ``take effect on October 1, 2001'' and 
     inserting ``be effective beginning on the date that is two 
     years after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2002''; and
       (2) by redesignating the subsection as subsection (c).
       (e) Report.--Not later than March 1, 2002, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the House of Representatives and the Senate a report on the 
     Secretary's plans for implementing section 721 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001, as amended by this section.
                                  ____

  SA 1679. Mr. LEVIN (for Mr. Feingold) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ____. REPORT ON V-22 OSPREY AIRCRAFT BEFORE DECISION TO 
                   RESUME FLIGHT TESTING.

       Not later than 30 days before the planned date to resume 
     flight testing of the V-22 Osprey aircraft, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics shall submit to Congress a report containing the 
     following:
       (1) A comprehensive description of the status of the 
     hydraulics system and flight control software of the V-22 
     Osprey Aircraft, including--
       (A) a description and analysis of any deficiencies in the 
     hydraulics system and flight control software of the V-22 
     Osprey aircraft; and
       (B) a description and assessment of the actions taken to 
     redress such deficiencies.
       (2) A description of the current actions, and any proposed 
     actions, of the Department of Defense to implement the 
     recommendations of the Panel to Review the V-22 Program.
       (3) An assessment of the recommendations of the National 
     Aeronautics and Space Administration in its report on 
     tiltrotor aeromechanics.
                                  ____

  SA 1680. Mr. BOND (for himself and Mr. Kerry) submitted an amendment 
intended to be proposed by him to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 270, line 9, strike ``(A)'' and all that follows 
     through ``(4)'' on line 25.
       On page 271, between lines 8 and 9, insert the following:
       (c) Evaluation of Bundling Effects.--Section 15(h)(2) of 
     the Small Business Act (15 U.S.C. 644(h)(2)) is amended--
       (1) in subparagraph (C), by inserting ``, and whether 
     contract bundling played a role in the failure,'' after 
     ``agency goals''; and
       (2) by adding at the end the following:
       ``(G) The number and dollar value of consolidations of 
     contract requirements with a total value in excess of 
     $5,000,000, including the number of such consolidations that 
     were awarded to small business concerns as prime 
     contractors.''.
       (d) Reporting Requirement.--Section 15(p) of the Small 
     Business Act (15 U.S.C. 644(p)) is amended to read as 
     follows:
       ``(p) Reporting Requirement.--
       ``(1) In general.--The Administrator shall conduct a study 
     examining the best means to determine the accuracy of the 
     market research required under subsection (e)(2) for each 
     bundled contract, to determine if the anticipated benefits 
     were realized, or if they were not realized, the reasons 
     there for.
       ``(2) Provision of information.--A Federal agency shall 
     provide to the appropriate procurement center representative 
     a copy of market research required under subsection (e)(2) 
     for consolidations of contract requirements with a total 
     value in excess of $5,000,000, upon request.
       ``(3) Report.--Not later than 270 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2002, the Administrator shall submit a report to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives on the results of the study conducted under 
     this subsection.''.
       On page 290, between lines 3 and 4, insert the following:

     SEC. 824. HUBZONE SMALL BUSINESS CONCERNS.

       Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) 
     is amended--
       (1) by redesignating paragraphs (4) through (7) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Rule of construction relating to citizenship.--
       ``(A) In general.--A small business concern described in 
     subparagraph (B) meets the

[[Page S9814]]

     United States citizenship requirement of paragraph (3)(A) if, 
     at the time of application by the concern to become a 
     qualified HUBZone small business concern for purposes of any 
     contract and at such times as the Administrator shall 
     require, no non-citizen has filed a disclosure under section 
     13(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78m(d)(1)) as the beneficial owner of more than 10 percent of 
     the outstanding shares of that small business concern.
       ``(B) Concerns described.--A small business concern is 
     described in this subparagraph if the small business 
     concern--
       ``(i) has a class of securities registered under section 12 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78l); and
       ``(ii) files reports with the Securities and Exchange 
     Commission as a small business issuer.''.
       ``(C) Non-citizens.--In this paragraph, the term `non-
     citizen' means
       ``(i) an individual that is not a United States citizen; 
     and
       ``(ii) any other person that is not organized under the 
     laws of any State or the United States.''.
                                  ____

  SA 1681. Mrs. LINCOLN (for herself and Mr. Hutchinson) submitted an 
amendment intended to be proposed by her to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 142. PROCUREMENT OF ADDITIONAL M291 SKIN DECONTAMINATION 
                   KITS.

       (a) Increase in Authorization of Appropriations for 
     Defense-Wide Procurement.--(1) The amount authorized to be 
     appropriated by section 104 for Defense-wide procurement is 
     hereby increased by $2,400,000, with the amount of the 
     increase available for the Navy for procurement of M291 skin 
     decontamination kits.
       (2) The amount available under paragraph (1) for 
     procurement of M291 skin decontamination kits is in addition 
     to any other amounts available under this Act for procurement 
     of M291 skin decontamination kits.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide, is hereby decreased by $2,400,000, 
     with the amount to be derived from the amount available for 
     the Technical Studies, Support and Analysis program.
                                  ____

  SA 1682. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, add the following:
       Sec.   . It is the sense of the Senate that adjacent 
     parcels of land at the former Marine Corps Air Station, 
     Tustin, should be transferred to the Santa Ana Unified School 
     District and Rancho Santiago Community College District for 
     educational purposes.
                                  ____

  SA 1683. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 23, line 12, increase the amount by $1,000,000.
       On page 23, line 11, reduce the amount by $1,000,000.
                                  ____

  SA 1684. Mr. LEVIN (for Ms. Mikulski) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 833. INSENSITIVE MUNITIONS PROGRAM.

       (a) Requirement for Program.--Chapter 141 of title 10, 
     United States Code, is amended by inserting after section 
     2404 the following new section 2405:

     ``Sec. 2405. Insensitive munitions program

       ``(a) Requirement for Program.--The Secretary of Defense 
     shall carry out a program to ensure, to the extent 
     practicable, that munitions under development or in 
     procurement are safe throughout development and fielding when 
     subjected to unplanned stimuli.
       ``(b) Content of Program.--The program shall include safety 
     criteria, safety procedures, and requirements to conform to 
     those criteria and procedures.
       ``(c) Reporting Requirement.--At the same time that the 
     budget for a fiscal year is submitted to Congress under 
     section 1105(a) of title 31, the Secretary shall submit to 
     Congress a report on the insensitive munitions program. The 
     report shall include the following matters:
       ``(1) The waivers of requirements referred to in subsection 
     (b) that have been granted under the program during the 
     fiscal year preceding fiscal year in which the report is 
     submitted, together with a discussion of the justifications 
     for the waivers.
       ``(2) Identification of the funding proposed for the 
     program in that budget, together with an explanation of the 
     proposed funding.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2404 the following new item:

``2405. Insensitive munitions program.''.
                                  ____

  SA 1685. Mr. WARNER (for Mr. Hutchinson) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle D of title V, add the following:

     SEC. 556. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION.

       (a) Entitlement.--Notwithstanding any other provision of 
     law, Robert R. Ingram of Jacksonville, Florida, who was 
     awarded the Medal of Honor pursuant to Public Law 105-103 
     (111 Stat. 2218), shall be entitled to the special pension 
     provided for under section 1562 of title 38, United States 
     Code (and antecedent provisions of law), for months that 
     begin after March 1966.
       (b) Amount.--The amount of special pension payable under 
     subsection (a) for a month beginning before the date of the 
     enactment of this Act shall be the amount of special pension 
     provided for by law for that month for persons entered and 
     recorded in the Army, Navy, Air Force, and Coast Guard Medal 
     of Honor Roll (or antecedent Medal of Honor Roll required by 
     law).
                                  ____

  SA 1686. Mr. LEVIN (for Mr. Kennedy) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place, insert:

     SEC.   . LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL 
                   OCEANOGRAPHIC LABORATORY SYSTEM

       Subsection (g) of 10 U.S.C. 2667 (section 1061, National 
     Defense Authorization Act, 1998, P.L. 105-85) is amended by 
     adding a new paragraph at the end as follows:
       (3) The requirements of paragraphs (1) shall not apply to 
     renewals or extensions of a lease with a selected institution 
     for operation of a ship within the University National 
     Oceanographic Laboratory System, if
       (A) use of the ship is restricted to federally supported 
     research programs and non-federal uses under specific 
     conditions with approval by the Secretary of the Navy;
       (B) because of the anticipated value to the Navy of the 
     oceanographic research and training that will result from the 
     ship's operation, no monetary lease payments are required 
     from the lessee under the initial lease or under any renewals 
     or extensions; and
       (C) the lessee is required to maintain the ship in a good 
     state of repair readiness, and efficient operating 
     conditions, conform to all applicable regulatory 
     requirements, and assume full responsibility for the safety 
     of the ship, its crew, and scientific personnel aboard.
                                  ____

  SA 1687. Mr. WARNER (for Mr. Voinovich) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of subtitle C of title XI, add the following:

     SEC. 1124. PROFESSIONAL CREDENTIALS.

       (a) In General.--Chapter 57 of title 5, United States Code, 
     as amended by this Act, is amended by adding at the end the 
     following:

     ``Sec. 5758. Expenses for credentials

       ``(a) An agency may use appropriated or other available 
     funds to pay for--

[[Page S9815]]

       ``(1) employee credentials, including professional 
     accreditation, State-imposed and professional licenses, and 
     professional certifications; and
       ``(2) examinations to obtain such credentials.
       ``(b) No authority under subsection (a) may be exercised on 
     behalf of any employee occupying or seeking to qualify for 
     appointment to any position which is excepted from the 
     competitive service because of its confidential, policy-
     determining, policy-making, or policy-advocating 
     character.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by adding at the end the following:

``5758. Expenses for credentials.''.
                                  ____

  SA 1688. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on that table; 
as follows:

       On page 31, between lines 15 and 16, insert the following:

     SEC. 233. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 
                   FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT, 
                   TEST, AND EVALUATION DEFENSE-WIDE.

       Section 201(4) of Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-32) is amended by 
     striking ``$10,873,712,000'' and inserting 
     ``$10,874,712,000''.
                                  ____

  SA 1689. Mr. DOMENICI (for himself, Mr. Hagel, Mr. Lugar, Mr. 
Bingaman, Mr. Biden, and Ms. Landrieu) submitted an amendment intended 
to be proposed by him to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title XII, add the following:

  Subtitle C--Coordination of Nonproliferation Programs and Assistance

     SEC. 1231. SHORT TITLE.

       This title may be cited as the ``Nonproliferation Programs 
     and Assistance Coordination Act of 2001''.

     SEC. 1232. FINDINGS.

       Congress makes the following findings:
       (1) United States nonproliferation efforts in the 
     independent states of the former Soviet Union have achieved 
     important results in ensuring that weapons of mass 
     destruction, weapons-usable material and technology, and 
     weapons-related knowledge remain beyond the reach of 
     terrorists and weapons-proliferating states.
       (2) Although these efforts are in the United States 
     national security interest, the effectiveness of these 
     efforts suffers from a lack of coordination within and among 
     United States Government agencies.
       (3) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union, specifically, spending and 
     investment by the United States private sector in job 
     creation initiatives and proposals for unemployed Russian 
     weapons scientists and technicians, are making an important 
     contribution in ensuring that knowledge related to weapons of 
     mass destruction remains beyond the reach of terrorists and 
     weapons-proliferating states.
       (4) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union require the establishment 
     of a coordinating body to ensure that United States public 
     and private efforts are not in conflict, and to ensure that 
     public spending on nonproliferation efforts by the 
     independent states of the former Soviet Union is maximized to 
     ensure efficiency and further United States national security 
     interests.

     SEC. 1233. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION 
                   ASSISTANCE TO THE INDEPENDENT STATES OF THE 
                   FORMER SOVIET UNION.

       (a) Establishment.--There is established within the 
     executive branch of the Government an interagency committee 
     known as the ``Committee on Nonproliferation Assistance to 
     the Independent States of the Former Soviet Union'' (in this 
     title referred to as the ``Committee'').
       (b) Membership.--(1) The Committee shall be composed of 6 
     members, as follows:
       (A) A representative of the Department of State designated 
     by the Secretary of State.
       (B) A representative of the Department of Energy designated 
     by the Secretary of Energy.
       (C) A representative of the Department of Defense 
     designated by the Secretary of Defense.
       (D) A representative of the Department of Commerce 
     designated by the Secretary of Commerce.
       (E) A representative of the Assistant to the President for 
     National Security Affairs designated by the Assistant to the 
     President.
       (F) A representative of the Director of Central 
     Intelligence.
       (2) The Secretary of a department named in subparagraph 
     (A), (B), (C), or (D) of paragraph (1) shall designate as the 
     department's representative an official of that department 
     who is not below the level of an Assistant Secretary of the 
     department.
       (b) Chair.--The representative of the Assistant to the 
     President for National Security Affairs shall serve as Chair 
     of the Committee. The Chair may invite the head of any other 
     department or agency of the United States to designate a 
     representative of that department or agency to participate 
     from time to time in the activities of the Committee.

     SEC. 1234. DUTIES OF COMMITTEE.

       (a) In General.--The Committee shall have primary 
     continuing responsibility within the executive branch of the 
     Government for--
       (1) monitoring United States nonproliferation efforts in 
     the independent states of the former Soviet Union;
       (2) coordinating the implementation of United States policy 
     with respect to such efforts; and
       (3) recommending to the President, through the National 
     Security Council--
       (A) integrated national policies for countering the threats 
     posed by weapons of mass destruction; and
       (B) options for integrating the budgets of departments and 
     agencies of the Federal Government for programs and 
     activities to counter such threats.
       (b) Duties Specified.--In carrying out the responsibilities 
     described in subsection (a), the Committee shall--
       (1) arrange for the preparation of analyses on the issues 
     and problems relating to coordination within and among United 
     States departments and agencies on nonproliferation efforts 
     of the independent states of the former Soviet Union;
       (2) arrange for the preparation of analyses on the issues 
     and problems relating to coordination between the United 
     States public and private sectors on nonproliferation efforts 
     in the independent states of the former Soviet Union, 
     including coordination between public and private spending on 
     nonproliferation programs of the independent states of the 
     former Soviet Union and coordination between public spending 
     and private investment in defense conversion activities of 
     the independent states of the former Soviet Union;
       (3) provide guidance on arrangements that will coordinate, 
     de-conflict, and maximize the utility of United States public 
     spending on nonproliferation programs of the independent 
     states of the former Soviet Union to ensure efficiency and 
     further United States national security interests;
       (4) encourage companies and nongovernmental organizations 
     involved in nonproliferation efforts of the independent 
     states of the former Soviet Union to voluntarily report these 
     efforts to the Committee;
       (5) arrange for the preparation of analyses on the issues 
     and problems relating to the coordination between the United 
     States and other countries with respect to nonproliferation 
     efforts in the independent states of the former Soviet Union; 
     and
       (6) consider, and make recommendations to the President and 
     Congress with respect to, proposals for new legislation or 
     regulations relating to United States nonproliferation 
     efforts in the independent states of the former Soviet Union 
     as may be necessary.

     SEC. 1235. COMPREHENSIVE PROGRAM FOR NONPROLIFERATION 
                   PROGRAMS AND ACTIVITIES.

       (a) Program Required.--The President may, acting through 
     the Committee, develop a comprehensive program for the 
     Federal Government for carrying out nonproliferation programs 
     and activities.
       (b) Program Elements.--The program under subsection (a) 
     shall include plans and proposals as follows:
       (1) Plans for countering the proliferation of weapons of 
     mass destruction and related materials and technologies.
       (2) Plans for providing for regular sharing of information 
     among intelligence, law enforcement, and customs agencies of 
     the Federal Government.
       (3) Plans for establishing appropriate centers for 
     analyzing seized nuclear, radiological, biological, and 
     chemical weapons, and related materials and technologies.
       (4) Proposals for establishing in the United States 
     appropriate legal controls and authorities relating to the 
     export of nuclear, radiological, biological, and chemical 
     weapons and related materials and technologies.
       (5) Proposals for encouraging and assisting governments of 
     foreign countries to implement and enforce laws that set 
     forth appropriate penalties for offenses regarding the 
     smuggling of weapons of mass destruction and related 
     materials and technologies.
       (6) Proposals for building the confidence of the United 
     States and Russia in each other's controls over United States 
     and Russian nuclear weapons and fissile materials, including 
     plans for verifying the dismantlement of nuclear weapons.
       (7) Plans for reducing United States and Russian stockpiles 
     of excess plutonium,

[[Page S9816]]

     which plans shall take into account an assessment of the 
     options for United States cooperation with Russia in the 
     disposition of Russian plutonium.
       (8) Plans for studying the merits and costs of establishing 
     a global network of means for detecting and responding to 
     terrorism or other criminal use of biological agents against 
     people or other forms of life in the United States or any 
     foreign country.
       (c) Report.--(1) At the same time the President submits to 
     Congress the budget for fiscal year 2003 pursuant to section 
     1105(a) of title 31, United States Code, the President shall 
     submit to Congress a report that sets forth the comprehensive 
     program developed under this section.
       (2) The report shall include the following:
       (A) The specific plans and proposals for the program under 
     subsection (b).
       (B) Estimates of the funds necessary, by agency or 
     department, for carrying out such plans and proposals in 
     fiscal year 2003 and five succeeding fiscal years.
       (3) The report shall be in an unclassified form, but may 
     contain a classified annex.

     SEC. 1236. ADMINISTRATIVE SUPPORT.

       All departments and agencies of the Federal Government 
     shall provide, to the extent permitted by law, such 
     information and assistance as may be requested by the 
     Committee Chair in carrying out their functions and 
     activities under this title.

     SEC. 1237. CONFIDENTIALITY OF INFORMATION.

       Information which has been submitted to the Committee or 
     received by the Committee in confidence shall not be publicly 
     disclosed, except to the extent required by law, and such 
     information shall be used by the Committee only for the 
     purpose of carrying out the functions and activities set 
     forth in this title.

     SEC. 1238. STATUTORY CONSTRUCTION.

       Nothing in this title--
       (1) applies to the data-gathering, regulatory, or 
     enforcement authority of any existing department or agency of 
     the Federal Government over nonproliferation efforts in the 
     independent states of the former Soviet Union, and the review 
     of those efforts undertaken by the Committee shall not in any 
     way supersede or prejudice any other process provided by law; 
     or
       (2) applies to any activity that is reportable pursuant to 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.).

     SEC. 1239. INDEPENDENT STATES OF THE FORMER SOVIET UNION 
                   DEFINED.

       In this title the term ``independent states of the former 
     Soviet Union'' has the meaning given the term in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801).
                                  ____

  SA 1690. Mr. HELMS (for himself, Mr. Miller, Mr. Shelby, Mr. Bond, 
and Mr. Allen) submitted an amendment intended to be proposed by him to 
the bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of division A, add the following new title:

                     TITLE XIV--AMERICAN SERVICE- 
                    MEMBERS' PROTECTION ACT OF 2001

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``American Servicemembers' 
     Protection Act of 2001''.

     SEC. 1402. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment 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 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. Pursuant to Article 126 of 
     the Rome Statute, the statute 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 ratifying 
     the statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following 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 negotiating 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 international 
     justice.''
       (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 obligations 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 statement 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 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, 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 prosecution by the International 
     Criminal Court, especially 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 United States officials 
     may be at risk of criminal prosecution for national security 
     decisions involving such matters as responding to acts of 
     terrorism, preventing the proliferation of weapons of mass 
     destruction, and deterring aggression. No less than members 
     of the Armed Forces of the United States, senior officials of 
     the United States Government should be free from the risk of 
     prosecution by the International 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 Aggression that usurps the 
     prerogative of the United Nations Security Council under 
     Article 39 of the charter of the United Nations to 
     ``determine the existence of any . . . . act of aggression'' 
     would contravene the charter of the United Nations and 
     undermine deterrence.
       (11) It is a fundamental principle of international law 
     that a treaty is binding upon its parties only and that it 
     does not create obligations for nonparties 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 
     United States will not recognize the jurisdiction of the 
     International Criminal Court over United States nationals.

     SEC. 1403. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one 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 committees 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 agreement 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
       (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 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees 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 Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to

[[Page S9817]]

     actions undertaken by them in an official capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered 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 1404 and 1406 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. 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 committees 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 sections 1405 and 1407 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 actions by the named 
     individual, none of the following 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 official 
     capacity:
       (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 Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections 1404, 1405, 1406, 
     and 1407 shall cease to apply, and the authority of section 
     1408 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. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal 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 1408; 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 cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International 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 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     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 extradite any person from the 
     United States to the International 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.--Notwithstanding 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 appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition 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 letters 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. 1405. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing 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 permanently exempts, at a minimum, members of the 
     Armed Forces of the United States participating in such 
     operation from criminal 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--
       (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 Criminal Court for actions 
     undertaken by them in connection 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 Article 12 of the 
     Rome Statute, or has entered into an agreement in accordance 
     with Article 98 of the Rome Statute preventing the 
     International Criminal 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. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION 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, 
     apprehension, 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 matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may

[[Page S9818]]

     be, that such information will not be made available to the 
     International Criminal Court for the purpose of facilitating 
     an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     1408.

     SEC. 1407. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government 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 prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees 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 Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the 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 authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official 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 request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf 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 assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal 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 Authorized.--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. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--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 respect 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 pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal 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 operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational 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 subsection 
     (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.

     SEC. 1410. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international 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 authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 1411. APPLICATION OF SECTIONS 1404 AND 1406 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 1404 and 1406 shall not apply to 
     any action or actions with respect to a specific matter 
     involving the International Criminal Court taken or directed 
     by the President on a case-by-case basis in the exercise of 
     the President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (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 (a) that would otherwise be 
     prohibited under section 1404 or 1406, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--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 activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 1412. NONDELEGATION.

       The authorities vested in the President by sections 1403 
     and 1411(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 1405(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. 1413. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed 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 Zealand), 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 members 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.

[[Page S9819]]

       (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 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 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 Nations 
     military command structure as part of a 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 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, 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 deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) 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 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 
     military 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 available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest 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 furnished 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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