[Congressional Record Volume 147, Number 168 (Thursday, December 6, 2001)]
[Senate]
[Pages S12556-S12576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2243. Mr. STEVENS proposed an amendment to the bill H.R. 3338, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       On page 326, after line 20, strike all through to page 398, 
     line 19, and insert in lieu thereof the following:

  DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO 
                           PUBLIC LAW 107-38

       The funds appropriated in Public Law 107-38 subject to 
     subsequent enactment and previously designated as an 
     emergency by the President and Congress under the Balanced 
     Budget and Emergency Deficit Control Act of 1985, are 
     transferred to the following chapters and accounts as 
     follows:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Office of 
     the Secretary'', $43,300,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for the 
     ``National Food Security Fund'', $300,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                     Agricultural Research Service


                         Salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $45,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

               Animal and Plant Health Inspection Service


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $76,800,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That of the total amount 
     provided, $50,000,000 may be transferred and merged with the 
     Agriculture Quarantine Inspection User Fee Account.


                        buildings and facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Buildings 
     and Facilities'', $14,081,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   Food Safety and Inspection Service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Food 
     Safety and Inspection Service'', $12,300,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the

[[Page S12557]]

     United States, and for other expenses necessary to support 
     activities related to countering potential biological, 
     disease, and chemical threats to civilian populations, for 
     ``Food and Drug Administration, Salaries and Expenses'', 
     $120,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  Commodity Futures Trading Commission

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Commodity 
     Futures Trading Commission'', $10,196,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         PATRIOT ACT ACTIVITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Patriot 
     Act Activities'', $100,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $2,000,000 shall be for a 
     feasibility report, as authorized by Section 405 of Public 
     Law 107-56, and of which $23,000,000 shall be for 
     implementation of such enhancements as are deemed necessary: 
     Provided, That funding for the implementation of such 
     enhancements shall be treated as a reprogramming under 
     section 605 of Public Law 107-77 and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in that section.


                   Administrative Review and Appeals

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Administrative Review and Appeals'', $3,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                            Legal Activities


            Salaries and Expenses, General Legal Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, General Legal Activities'', $10,026,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


             Salaries and Expenses, United States Attorneys

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Attorneys'', $74,600,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


         Salaries and Expenses, United States Marshals Service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Marshals Service'', $11,100,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $538,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $10,283,000 is for the 
     refurbishing of the Engineering and Research Facility and 
     $14,135,000 is for the decommissioning and renovation of 
     former laboratory space in the Hoover building.

                 Immigration and Naturalization Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States and for all 
     costs associated with the reorganization of the Immigration 
     and Naturalization Service, for ``Salaries and Expenses'', 
     $399,400,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                       Office of Justice Programs


                           justice assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Justice 
     Assistance'', $462,000,000, of which $100,000,000 may be used 
     for increased security at public events, to remain available 
     until September 30, 2003, for grants, cooperative agreements, 
     and other assistance authorized by sections 819 and 821 of 
     the Antiterrorism and Effective Death Penalty Act of 1996 and 
     for other counter terrorism programs, to be obligated from 
     amounts made available in Public Law 107-38.


               State and Local Law Enforcement Assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, $236,900,000 
     shall be for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Program, 
     of which $17,100,000 shall be for the Utah Olympic Public 
     Safety Command, of which $81,600,000 shall be for New Jersey, 
     and of which $56,500,000 shall be for Maryland, of which 
     $81,700,000 shall be for Northern Virginia: Provided, That 
     $20,000,000 shall be made available to the Office of Domestic 
     Preparedness for a competitive grant for a project to enhance 
     the communications interoperability of law enforcement, fire, 
     medical services, and transportation agencies that respond to 
     emergencies in the Greater Washington Metropolitan Area: 
     Provided further, That $15,000,000 shall be made available 
     for a chemical sensor program for the Washington area transit 
     system, to remain available until expended, and to be 
     obligated from amounts made available in Public Law 107-38.


                           Crime Victims Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Crime 
     Victims Fund'', $68,100,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $1,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                         Export Administration


                     Operations and Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $1,756,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  Economic Development Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $335,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

       National Telecommunications and Information Administration


    Public Telecommunications Facilities, Planning and Construction

       For emergency grants authorized by section 392 of the 
     Communications Act of 1934, as amended, to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     $8,250,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

               United States Patent and Trademark Office


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $3,360,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             National Institute of Standards and Technology


             Scientific and Technical Research and Services

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Scientific and Technical Research and Services'', 
     $20,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.


                  Construction of Research Facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction of Research Facilities'', $1,225,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

            National Oceanic and Atmospheric Administration


                  Operations, Research and Facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations, Research and Facilities'', $2,750,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                        Departmental Management


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $881,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                            RELATED AGENCIES

                      Department of Transportation

                        Maritime Administration


                        OPERATIONS AND TRAINING

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Training'', $11,000,000, for a port security 
     program, to remain available until September 30, 2003, to be 
     obligated from amounts made available in Public Law 107-38.

                Equal Employment Opportunity Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,301,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

[[Page S12558]]

                   Securities and Exchange Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,705,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     Small Business Administration


                     Disaster Loans Program Account

       For emergency expenses for disaster recovery activities and 
     assistance related to the terrorist acts in New York, 
     Virginia and Pennsylvania on September 11, 2001, for 
     ``Disaster Loans Program Account'', $75,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Defense 
     Emergency Response Fund'', $4,258,569,000, to remain 
     available until expended, to be obligated from amounts made 
     available by Public Law 107-38: Provided, That $20,000,000 
     shall be made available for the National Infrastructure 
     Simulation and Analysis Center (NISAC): Provided further, 
     That $500,000 shall be made available only for the White 
     House Commission on the National Moment of Remembrance: 
     Provided further, That--
       (1) $35,000,000 shall be available for the procurement of 
     the Advance Identification Friend-or-Foe system for 
     integration into F-16 aircraft of the Air National Guard that 
     are being used in continuous air patrols over Washington, 
     District of Columbia, and New York, New York; and
       (2) $20,000,000 shall be available for the procurement of 
     the Transportation Multi-Platform Gateway for integration 
     into the AWACS aircraft that are being used to perform early 
     warning surveillance over the United States.
       (3) $15,000,000 shall be available for the acquisition of 
     ten Lynx SAR kits.

              National Security Bio-terrorism Defense Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States to support 
     activities related to countering potential biological, 
     disease, and chemical threats to civilian populations, for 
     ``Public Health and Social Services Emergency Fund'', 
     $2,300,000,000, to remain available until September 30, 2003. 
     Of this amount, $500,000,000 shall be for the Centers for 
     Disease Control and Prevention for improving State and local 
     capacity; $85,000,000 shall be for grants to hospitals, in 
     collaboration with local governments, to improve capacity to 
     respond to bioterrorism; $128,000,000 shall be for upgrading 
     capacity at the Centers for Disease Control and Prevention, 
     including research; $98,000,000 shall be for the Office of 
     the Secretary and improving disaster response teams; 
     $70,000,000 shall be for the National Institute of Allergy 
     and Infectious Diseases for bioterrorism-related research and 
     development and other related needs; $69,000,000 shall be for 
     the National Institute of Allergy and Infectious Diseases for 
     the construction of a biosafety laboratory and related 
     infrastructure costs; $593,000,000 shall be for the National 
     Pharmaceutical Stockpile; $562,000,000 shall be for the 
     purchase and related costs of the smallpox vaccine, and 
     $30,000,000 shall be for improving laboratory security at the 
     National Institutes of Health and the Centers for Disease 
     Control and Prevention. At the discretion of the Secretary, 
     these amounts may be transferred between categories subject 
     to normal reprogramming procedures.

                              PROCUREMENT

                      Other Procurement, Air Force

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Other 
     Procurement, Air Force'', $210,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     by Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 301. Amounts available in the ``Defense Emergency 
     Response Fund'' shall be available for the purposes set forth 
     in the 2001 Emergency Supplemental Appropriations Act for 
     Recovery from and Response to Terrorist Attacks on the United 
     States (Public Law 107-38): Provided, That the Fund may be 
     used to reimburse other appropriations or funds of the 
     Department of Defense only for costs incurred for such 
     purposes between September 11 and December 31, 2001: Provided 
     further, That such Fund may be used to liquidate obligations 
     incurred by the Department under the authorities in 41 U.S.C. 
     11 for any costs incurred for such purposes between September 
     11 and September 30, 2001: Provided further, That the 
     Secretary of Defense may transfer funds from the Fund to the 
     appropriation, ``Support for International Sporting 
     Competitions, Defense'', to be merged with, and available for 
     the same time period and for the same purposes as that 
     appropriation: Provided further, That the transfer authority 
     provided by this section is in addition to any other transfer 
     authority available to the Secretary of Defense: Provided 
     further, That the Secretary of Defense shall report to the 
     Congress quarterly all transfers made pursuant to this 
     authority.
       Sec. 302. Amounts in the ``Support for International 
     Sporting Competitions, Defense'', may be used to support 
     essential security and safety for the 2002 Winter Olympic 
     Games in Salt Lake City, Utah, without the certification 
     required under subsection 10 U.S.C. 2564(a). Further, the 
     term ``active duty'', in section 5802 of Public Law 104-208 
     shall include State active duty and full-time National Guard 
     duty performed by members of the Army National Guard and Air 
     National Guard in connection with providing essential 
     security and safety support to the 2002 Winter Olympic Games 
     and logistical and security support to the 2002 Paralympic 
     Games.
       Sec. 303. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414).

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Protective Clothing 
     and Breathing Apparatus, to be obligated from amounts made 
     available in Public Law 107-38 and to remain available until 
     expended, $12,144,209, of which $921,833 is for the Fire and 
     Emergency Medical Services Department, $4,269,000 is for the 
     Metropolitan Police Department, $1,500,000 is for the 
     Department of Health, $453,376 is for the Department of 
     Public Works, and $5,000,000 is for the Washington 
     Metropolitan Area Transit Authority.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Specialized Hazardous 
     Materials Equipment, to be obligated from amounts made 
     available in Public Law 107-38 and to remain available until 
     expended, $1,032,342, for the Fire and Emergency Medical 
     Services Department.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Chemical and 
     Biological Weapons Preparedness, to be obligated from amounts 
     made available in Public Law 107-38 and to remain available 
     until expended, $10,354,415, of which $204,920 is for the 
     Fire and Emergency Medical Services Department, $258,170 is 
     for the Metropolitan Policy Department, and $9,891,325 is for 
     the Department of Health.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Pharmaceuticals for 
     Responders, to be obligated from amounts made available in 
     Public Law 107-38 and to remain available until expended, 
     $2,100,000, for the Department of Health.
       Notwithstanding any other provision of law, all amounts 
     under this heading shall be apportioned quarterly by the 
     Office of Management and Budget. The Chief financial Officer 
     of the District of Columbia shall provide quarterly reports 
     to the President and the Committees on Appropriations of the 
     Senate and the House of Representatives on the use of the 
     funds under this heading beginning no later than January 2, 
     2002.

                       DISTRICT OF COLUMBIA FUNDS

                          DIVISION OF EXPENSES

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia and shall remain available until 
     expended.
       For Protective Clothing and Breathing Apparatus, to remain 
     available until expended, $12,144,209, of which $921,833 is 
     for the Fire and Emergency Medical Services Department, 
     $4,269,000 is for the Metropolitan Police Department, 
     $1,500,000 is for the Department of Health, $453,376 is for 
     the Department of Public Works, and $5,000,000 is for the 
     Washington Metropolitan Area Transit Authority.
       For Specialized Hazardous Materials Equipment, to remain 
     available until expended, $1,032,342, for the Fire and 
     Emergency Medical Services Department.
       For Chemical and Biological Weapons Preparedness, to remain 
     available until expended, $10,354,415, of which $204,920 is 
     for the Fire and Emergency Medical Services Department, 
     $258,170 is for the Metropolitan Police Department, and 
     $9,891,325 is for the Department of Health.
       For Pharmaceuticals for Responders, to remain available 
     until expended, $2,100,000, for the Department of Health.

                               CHAPTER 5

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $199,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                    Defense Nuclear Nonproliferation

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to improve nuclear nonproliferation and

[[Page S12559]]

     verification research and development, for ``Defense Nuclear 
     Nonproliferation'', $155,000,000, to remain available until 
     September 30, 2003, to be obligated from amounts made 
     available in Public Law 107-38.

                    Other Defense Related Activities


                        Other Defense Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological threats to civilian 
     populations, for ``Other Defense Activities'', $3,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


         Defense Environmental Restoration and Waste Management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Environmental Restoration and Waste Management'', $8,200,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                           INDEPENDENT AGENCY

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     power plants, for ``Salaries and Expenses'', $36,000,000, to 
     remain available until September 30, 2003: Provided, That the 
     funds appropriated herein shall be excluded from license fee 
     revenues, notwithstanding 42 U.S.C. 2214, to be obligated 
     from amounts made available in Public Law 107-38.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 Operation of the National Park System

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operation 
     of the National Park System'', $10,098,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                       United States Park Police

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``United 
     States Park Police'', $25,295,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                              Construction

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $21,624,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,205,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, for the working capital fund of the 
     Department of the Interior.

                            RELATED AGENCIES

                        Smithsonian Institution


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $21,707,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                        National Gallery of Art


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,148,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             John F. Kennedy Center for the Performing Arts


                       Operations and Maintenance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Maintenance'', $4,310,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  National Capital Planning Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $758,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 7

                           LEGISLATIVE BRANCH

                              JOINT ITEMS


               Legislative Branch Emergency Response Fund

                     (Including Transfer of Funds)

       For emergency expenses to respond to the terrorist attacks 
     on the United States, $256,081,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That $34,500,000 shall be 
     transferred to the ``SENATE'', ``Sergeant at Arms and 
     Doorkeeper of the Senate'' and shall be obligated with the 
     prior approval of the Senate Committee on Appropriations: 
     Provided further, That $40,712,000 shall be transferred to 
     ``HOUSE OF REPRESENTATIVES'', ``Salaries and Expenses'' and 
     shall be obligated with the prior approval of the House 
     Committee on Appropriations: Provided further, That the 
     remaining balance of $180,869,000 shall be transferred to the 
     Capitol Police Board, which shall transfer to the affected 
     entities in the Legislative Branch such amounts as are 
     approved by the House and Senate Committees on 
     Appropriations: Provided further, That any Legislative Branch 
     entity receiving funds pursuant to the Emergency Response 
     Fund established by Public Law 107-38 (without regard to 
     whether the funds are provided under this chapter or pursuant 
     to any other provision of law) may transfer any funds 
     provided to the entity to any other Legislative Branch entity 
     receiving funds under Public Law 107-38 in an amount equal to 
     that required to provide support for security enhancements, 
     subject to the approval of the Committees on Appropriations 
     of the House of Representatives and Senate.

                                 SENATE

                       Administrative Provisions

       Sec. 701. (a) Acquisition of Buildings and Facilities.--
     Notwithstanding any other provision of law, in order to 
     respond to an emergency situation, the Sergeant at Arms of 
     the Senate may acquire buildings and facilities, subject to 
     the availability of appropriations, for the use of the 
     Senate, as appropriate, by lease, purchase, or such other 
     arrangement as the Sergeant at Arms of the Senate considers 
     appropriate (including a memorandum of understanding with the 
     head of an Executive Agency, as defined in section 105 of 
     title 5, United States Code, in the case of a building or 
     facility under the control of such Agency). Actions taken by 
     the Sergeant at Arms of the Senate must be approved by the 
     Committees on Appropriations and Rules and Administration.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the 
     Sergeant at Arms of the Senate may carry out such activities 
     and enter into such agreements related to the use of any 
     building or facility acquired pursuant to such subsection as 
     the Sergeant at Arms of the Senate considers appropriate, 
     including--
       (1) agreements with the United States Capitol Police or any 
     other entity relating to the policing of such building or 
     facility; and
       (2) agreements with the Architect of the Capitol or any 
     other entity relating to the care and maintenance of such 
     building or facility.
       (c) Authority of Capitol Police and Architect.--
       (1) Architect of the capitol.--Notwithstanding any other 
     provision of law, the Architect of the Capitol may take any 
     action necessary to carry out an agreement entered into with 
     the Sergeant at Arms of the Senate pursuant to subsection 
     (b).
       (2) Capitol police.--Section 9 of the Act of July 31, 1946 
     (40 U.S.C. 212a) is amended--
       (A) by striking ``The Capitol Police'' and inserting ``(a) 
     The Capitol Police''; and
       (B) by adding at the end the following new subsection:
       ``(b) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include any building or 
     facility acquired by the Sergeant at Arms of the Senate for 
     the use of the Senate for which the Sergeant at Arms of the 
     Senate has entered into an agreement with the United States 
     Capitol Police for the policing of the building or 
     facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the Senate, the Architect 
     of the Capitol may transfer to the Sergeant at Arms of the 
     Senate amounts made available to the Architect for necessary 
     expenses for the maintenance, care and operation of the 
     Senate office buildings during a fiscal year in order to 
     cover any portion of the costs incurred by the Sergeant at 
     Arms of the Senate during the year in acquiring a building or 
     facility pursuant to subsection (a).
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 702. (a) Notwithstanding any other provision of law--
       (1) subject to subsection (b), the Sergeant at Arms of the 
     Senate and the head of an Executive Agency (as defined in 
     section 105 of title 5, United States Code) may enter into a 
     memorandum of understanding under which the Agency may 
     provide facilities, equipment, supplies, personnel, and other 
     support services for the use of the Senate during an 
     emergency situation; and
       (2) the Sergeant at Arms of the Senate and the head of the 
     Agency may take any action necessary to carry out the terms 
     of the memorandum of understanding.
       (b) The Sergeant at Arms of the Senate may enter into a 
     memorandum of understanding described in subsection (a)(1) 
     consistent with the Senate Procurement Regulations.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

       Sec. 703. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 
     206-1) is amended by striking

[[Page S12560]]

     ``but not to exceed'' and all that follows and inserting the 
     following: ``but not to exceed $2,500 less than the lesser of 
     the annual salary for the Sergeant at Arms of the House of 
     Representatives or the annual salary for the Sergeant at Arms 
     and Doorkeeper of the Senate.''.
       (b) The Assistant Chief of the Capitol Police shall receive 
     compensation at a rate determined by the Capitol Police 
     Board, but not to exceed $1,000 less than the annual salary 
     for the chief of the United States Capitol Police.
       (c) This section and the amendment made by this section 
     shall apply with respect to pay periods beginning on or after 
     the date of the enactment of this Act.
       Sec. 704. (a) Assistance for Capitol Police From Executive 
     Departments and Agencies.--Notwithstanding any other 
     provision of law, Executive departments and Executive 
     agencies may assist the United States Capitol Police in the 
     same manner and to the same extent as such departments and 
     agencies assist the United States Secret Service under 
     section 6 of the Presidential Protection Assistance Act of 
     1976 (18 U.S.C. 3056 note), except as may otherwise be 
     provided in this section.
       (b) Terms of Assistance.--Assistance under this section 
     shall be provided--
       (1) consistent with the authority of the Capitol Police 
     under sections 9 and 9A of the Act of July 31, 1946 (40 
     U.S.C. 212a and 212a-2);
       (2) upon the advance written request of--
       (A) the Chairman of the Capitol Police Board, or
       (B) in the absence of the Chairman of the Capitol Police 
     Board--
       (i) the Sergeant at Arms and Doorkeeper of the Senate, in 
     the case of any matter relating to the Senate; or
       (ii) the Sergeant at Arms of the House of Representatives, 
     in the case of any matter relating to the House; and
       (3) either--
       (A) on a temporary and non-reimbursable basis,
       (B) on a temporary and reimbursable basis, or
       (C) on a permanent reimbursable basis upon advance written 
     request of the Chairman of the Capitol Police Board.
       (c) Reports on Expenditures for Assistance.--
       (1) Reports.--With respect to any fiscal year in which an 
     Executive department or Executive agency provides assistance 
     under this section, the head of that department or agency 
     shall submit a report not later than 30 days after the end of 
     the fiscal year to the Chairman of the Capitol Police Board.
       (2) Contents.--The report submitted under paragraph (1) 
     shall contain a detailed account of all expenditures made by 
     the Executive department or Executive agency in providing 
     assistance under this section during the applicable fiscal 
     year.
       (3) Summary of reports.--After receipt of all reports under 
     paragraph (2) with respect to any fiscal year, the Chairman 
     of the Capitol Police Board shall submit a summary of such 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (d) Effective Date.--This section shall apply with respect 
     to fiscal year 2002 and each succeeding fiscal year.
       Sec. 705. (a) The Chief of the Capitol Police may, upon any 
     emergency as determined by the Capitol Police Board, deputize 
     members of the National Guard (while in the performance of 
     Federal or State service), members of components of the Armed 
     Forces other than the National Guard, and Federal, State or 
     local law enforcement officers as may be necessary to address 
     that emergency. Any person deputized under this section shall 
     possess all the powers and privileges and may perform all 
     duties of a member or officer of the Capitol Police.
       (b) The Capitol Police Board may promulgate regulations, as 
     determined necessary, to carry out provisions of this 
     section.
       (c) This section shall apply to fiscal year 2002 and each 
     fiscal year thereafter.
       Sec. 706. (a) Notwithstanding any other provision of law, 
     the United States Capitol Preservation Commission established 
     under section 801 of the Arizona-Idaho Conservation Act of 
     1988 (40 U.S.C. 188a) may transfer to the Architect of the 
     Capitol amounts in the Capitol Preservation Fund established 
     under section 803 of such Act (40 U.S.C. 188a-2) if the 
     amounts are to be used by the Architect for the planning, 
     engineering, design, or construction of the Capitol Visitor 
     Center.
       (b) Any amounts transferred pursuant to subsection (a) 
     shall remain available for the use of the Architect of the 
     Capitol until expended.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                               CHAPTER 8

                         MILITARY CONSTRUCTION

                  Military Construction, Defense-Wide

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Defense-wide'', $510,000,000 to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38: Provided, That of such 
     amount, $35,000,000 shall be available for transfer to 
     ``Military Construction, Army''.

                      Military Construction, Army

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Army'', $20,700,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                      Military Construction, Navy

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Navy'', $2,000,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                    Military Construction, Air Force

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Air Force'', $47,700,000 to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 801. (a) Availability of Amounts for Military 
     Construction Relating to Terrorism.--Amounts made available 
     to the Department of Defense from funds appropriated in 
     Public Law 107-38 and this Act may be used to carry out 
     military construction projects, not otherwise authorized by 
     law, that the Secretary of Defense determines are necessary 
     to respond to or protect against acts or threatened acts of 
     terrorism.
       (b) Notice to Congress.--Not later than 15 days before 
     obligating amounts available under subsection (a) for 
     military construction projects referred to in that subsection 
     the Secretary shall notify the appropriate committees of 
     Congress the following:
       (1) The determination to use such amounts for the project.
       (2) The estimated cost of the project.
       (c) Appropriate Committees of Congress Defined.--In this 
     section the term ``appropriate committees of Congress'' has 
     the meaning given that term in section 2801 (4) of title 10, 
     United States Code.
       Sec. 802. Notwithstanding section 2808(a) of title 10, 
     United States Code, the Secretary of Defense may not utilize 
     the authority in that section to undertake or authorize the 
     undertaking of, any military construction project described 
     by that section using amounts appropriated or otherwise made 
     available by the Military Construction Appropriations Act, 
     2002, or any act appropriating funds for Military 
     Construction for a fiscal year before fiscal year 2002.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', for the Office of the Secretary and 
     intelligence activities, $1,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                        Payments to Air Carriers


                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, in addition to 
     funds made available from any other source to carry out the 
     essential air service program under 49 U.S.C. 41731 through 
     41742, to be derived from the Airport and Airway Trust Fund, 
     $37,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                              Coast Guard


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $203,000,000, to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38.

                    Federal Aviation Administration


                               Operations

                    (Airport and Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations'', $232,000,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38, of which $32,000,000 shall be only for the 
     Metropolitan Washington Airports Authority.


                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Facilities and Equipment'', $108,500,000, to be derived 
     from the Airport and Airway Trust Fund and to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                       Grants-In-Aid For Airports

                    (Airport And Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, notwithstanding 
     any other provision of law, for ``Grants-in-aid for 
     airports'', to enable the Federal Aviation Administrator to 
     compensate airports for a portion of the direct costs 
     associated with new, additional or revised security 
     requirements imposed on airport operators by the 
     Administrator on or after September 11, 2001, $100,000,000, 
     to be derived from the Airport and Airway Trust Fund, to 
     remain available until September 30, 2003, to be obligated 
     from

[[Page S12561]]

     amounts made available in Public Law 107-38.

                     Federal Highway Administration


                      Miscellaneous Appropriations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Miscellaneous Appropriations'', including the operation and 
     construction of ferrys and ferry facilities, $10,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                          Federal-Aid Highways

                        Emergency Relief Program

                          (Highway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Emergency 
     Relief Program'', as authorized by section 125 of title 23, 
     United States Code, $75,000,000, to be derived from the 
     Highway Trust Fund and to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38.

                    Federal Railroad Administration


                         Safety and Operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Safety 
     and Operations'', $6,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     Federal Transit Administration


                             Formula Grants

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Formula 
     Grants'', $23,500,000, to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38.

                      Office of Inspector General


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States and for other 
     safety and security related audit and monitoring 
     responsibilities, for ``Salaries and Expenses'', $2,000,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  National Transportation Safety Board


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $836,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 10

                       DEPARTMENT OF THE TREASURY

                Inspector General for Tax Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,032,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.

                  Financial Crimes Enforcement Network


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,700,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $22,846,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                      Financial Management Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $600,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                Bureau of Alcohol, Tobacco and Firearms


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $31,431,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     United States Customs Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $127,603,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38; of this amount, not less than $21,000,000 
     shall be available for increased staffing to combat terrorism 
     along the Nation's borders.


  Operation, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operation, Maintenance and Procurement, Air and Marine 
     Interdiction Programs'', $6,700,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                        Internal Revenue Service


                 Processing, Assistance and Management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Processing, Assistance and Management'', $16,658,000, to 
     remain available until expended, to be obligated from amounts 
     made available by Public Law 107-38.


                          Tax Law Enforcement

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Tax Law 
     Enforcement'', $4,544,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.


                          Information Systems

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Information Systems'', $15,991,000, to remain available 
     until expended, to be obligated from amounts made available 
     by Public Law 107-38.

                      United States Secret Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $104,769,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $50,040,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

       For emergency expenses to the Postal Service Fund to enable 
     the Postal Service to build and establish a system for 
     sanitizing and screening mail matter, to protect postal 
     employees and postal customers from exposure to biohazardous 
     material, and to replace or repair Postal Service facilities 
     destroyed or damaged in New York City as a result of the 
     September 11, 2001, terrorist attacks, $575,000,000, to 
     remain available until September 30, 2003, to be obligated 
     from amounts made available in Public Law 107-38.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         Federal Building Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Federal 
     Buildings Fund'', $86,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

              National Archives and Records Administration


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $4,818,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.


                        Repairs and Restoration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Repairs 
     and Restoration'', $2,180,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 11

                     DEPARTMENT OF VETERANS AFFAIRS


                      CONSTRUCTION, MAJOR PROJECTS

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction, Major Projects'', $2,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Community 
     development fund'', $2,000,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That such funds shall be subject 
     to the first through sixth provisos in section 434 of Public 
     Law 107-73: Provided further, That within 45 days of 
     enactment, the State of New York, in conjunction with the 
     City of New York, shall establish a corporation for the 
     obligation of the funds provided under this heading, issue 
     the initial criteria and requirements necessary to accept 
     applications from individuals, nonprofits and small 
     businesses for economic losses from the September 11, 2001, 
     terrorist attacks, and begin processing such applications: 
     Provided further, That the corporation shall respond to any 
     application from an individual, nonprofit or small business 
     for economic losses under this heading within 45 days of the 
     submission of an application for funding: Provided further, 
     That individuals, nonprofits or small businesses shall be 
     eligible for compensation only if located in New York City in 
     the area located on or south of Canal

[[Page S12562]]

     Street, on or south of East Broadway (east of its 
     intersection with Canal Street), or on or south of Grand 
     Street (east of its intersection with East Broadway): 
     Provided further, That, of the amount made available under 
     this heading, no less than $500,000,000 shall be made 
     available for individuals, nonprofits or small businesses 
     described in the prior three provisos with a limit of 
     $500,000 per small business for economic losses.

                     Management and Administration


                      OFFICE OF INSPECTOR GENERAL

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Office of 
     Inspector General'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                         SCIENCE AND TECHNOLOGY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Science and 
     Technology'', $100,514,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That amounts made available 
     under this heading may be used for grants to States and 
     localities for technical assistance, vulnerability 
     assessments, remedial work, and emergency operations plans 
     for drinking water systems.


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for 
     ``Environmental Programs and Management'', $32,194,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                     HAZARDOUS SUBSTANCE SUPERFUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Hazardous 
     Substance Superfund'', $18,292,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                   STATE AND TRIBAL ASSISTANCE GRANTS

       For making grants for emergency expenses to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     and to support activities related to countering potential 
     biological and chemical threats to populations, for ``State 
     and Tribal Assistance Grants'', $5,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  Federal Emergency Management Agency


                            DISASTER RELIEF

                     (including transfer of funds)

       For disaster recovery activities and assistance related to 
     the terrorist attacks in New York, Virginia, and Pennsylvania 
     on September 11, 2001, for ``Disaster Relief'', 
     $5,050,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38: 
     Provided, That of the amount made available under this 
     heading, $290,000,000 shall be transferred to ``Emergency 
     Management Planning and Assistance'', to remain available 
     until September 30, 2003, for programs as authorized by 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974, as amended (15 U.S.C. 2201 et seq.): Provided further, 
     That of this $290,000,000, grants may be made available for 
     equipment, training, and vehicle needs related to hazards 
     associated with bio-terrorism: Provided further, That up to 5 
     percent of the $290,000,000 shall be transferred to 
     ``Salaries and Expenses'' for program administration: 
     Provided further, That of the total amount made available 
     under this heading, $1,000,000 shall be made available to the 
     Fairfax County Water Authority for water infrastructure 
     reliability and vulnerability improvements.


                         SALARIES AND EXPENSES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,000,000, to remain available until 
     expended, for the Office of National Preparedness, to be 
     obligated from amounts made available in Public Law 107-38.

             National Aeronautics and Space Administration


                           HUMAN SPACE FLIGHT

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Human 
     Space Flight'', $64,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                  SCIENCE, AERONAUTICS AND TECHNOLOGY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Science, 
     Aeronautics and Technology'', $28,600,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and Related Activities'', $300,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 12

                   GENERAL PROVISIONS, THIS DIVISION

       Sec. 1201. Amounts which may be obligated pursuant to this 
     division are subject to the terms and conditions provided in 
     Public Law 107-38.
       Sec. 1202. No part of any appropriation contained in this 
     division shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.
       This division may be cited as the ``Emergency Supplemental 
     Act, 2002''.
                                  ____

  SA 2244. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.   . Of the amount available in title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'' that is available for missile technology, 
     $8,500,000 may be available for the Surveillance Denial Solid 
     Dye Laser Technology program of the Aviation and Missile 
     Research, Development and Engineering Center of the Army.
                                  ____

  SA 2245. Mr. KERRY (for himself, Mrs. Hutchison, and Mrs. Feinstein) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3338, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.   . Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'' and available for the Advanced 
     Technology Development for Arms Control Technology element, 
     $12,500,000 may be made available for the Nuclear Treaty sub-
     element of such element for peer-reviewed seismic research to 
     support Air Force operational nuclear test monitoring 
     requirements.
                                  ____

  SA 2246. Mr. KERRY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.   . Of the amount available in title III of this 
     division under the heading ``Procurement of Ammunition, Air 
     Force'', $14,200,000 may be available for procurement of 
     Sensor Fused Weapons (CBU-97).
                                  ____

  SA 2247. Mr. HELMS (for himself, Mr. Miller, Mr. Hagel, Mr. Hatch, 
Mr. Shelby, Mr. Murkowski, Mr. Bond, Mr. Warner, Mr. Allen, and Mr. 
Frist) submitted an amendment intended to be proposed by him to the 
bill H.R. 3338, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2002, 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 ____--AMERICAN SERVICE- MEMBERS' PROTECTION ACT OF 2001

     SEC. ____01. SHORT TITLE.

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

     SEC. ____02. 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

[[Page S12563]]

     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. ____03. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections ____05 and 
     ____07.--The President is authorized to waive the 
     prohibitions and requirements of sections ____05 and ____07 
     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 ____05 and 
     ____07.--The President is authorized to waive the 
     prohibitions and requirements of sections ____05 and ____07 
     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 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 ____04 and ____06 With 
     Respect to an Investigation or Prosecution of a Named 
     Individual.--The President is authorized to waive the 
     prohibitions and requirements of sections ____04 and ____06 
     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 ____05 and ____07 
     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 ____04 and ____06 
     shall terminate at any time that a waiver pursuant to 
     subsection (a) or (b) of the prohibitions and requirements of 
     sections ____05 and ____07 expires and is not extended 
     pursuant to subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections ____04, ____05, 
     ____06, and ____07 shall cease to apply, and the authority of 
     section ____08 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. ____04. 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 ____08; 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

[[Page S12564]]

     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. ____05. 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. ____06. 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 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 
     ____08.

     SEC. ____07. 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. ____08. 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. ____09. 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

[[Page S12565]]

     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. ____10. 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. ____11. APPLICATION OF SECTIONS ____04 AND ____06 TO 
                   EXERCISE OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections ____04 and ____06 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 ____04 or ____06, 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. ____12. NONDELEGATION.

       The authorities vested in the President by sections ____03 
     and ____11(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 ____05(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. ____13. 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.
       (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).

     SEC. ____14. PERIOD OF EFFECTIVENESS OF THE TITLE.

       Except as otherwise provided in this title, the provisions 
     of this title shall take effect on the date of enactment of 
     this Act and remain in effect without regard to the 
     expiration of fiscal year 2002.
                                  ____

  SA 2248. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 3338, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2002, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.--.Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Army'', 
     $10,000,000 may be made available for procurement of 
     Shortstop Electronic Protection Systems for critical force 
     protection.
                                  ____

  SA 2249. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 3338, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2002, 
and for other purposes;

[[Page S12566]]

which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.--.Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Navy'', 
     $8,000,000 may be made available for procurement of the 
     Tactical Support Center, Mobile Acoustic Analysis System.
                                  ____

  SA 2250. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 3338, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2002, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.--.Of the amount appropriated by title III of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $20,000,000 may be made available for the 
     Broad Area Maritime Surveillance program.
                                  ____

  SA 2251. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 370, strike lines 3 through 11.
                                  ____

  SA 2252. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 305, strike line 15 and all that follows 
     through page 308, line 25.
                                  ____

  SA 2253. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 8016, relating to Buy American requirements 
     for welded shipboard anchor and mooring chains.
                                  ____

  SA 2254. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 8094, relating to Buy American requirements 
     for main propulsion diesel engines and propulsors for the T-
     AKE class of ships.
                                  ____

  SA 2255. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec.   . (a) No Prohibition on Burial of Reservists at 
     Arlington National Cemetery Based Solely on Age at Death.--
     The Secretary of the Army may not prohibit the burial at 
     Arlington National Cemetery, Virginia, of a deceased member 
     of the Reserves who at death is qualified for burial at 
     Arlington National Cemetery in all respects but age at death 
     based solely on the age of the member at death.
       (b) Effective Date.--Subsection (a) shall apply with 
     respect to deaths occurring on or after September 11, 2001.
                                  ____

  SA 2256. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . Of the funds appropriated in the Act under the 
     heading ``Research, Development, Test and Evaluation, Air 
     Force'' up to $4,000,000 may be made available to extend the 
     modeling and reengineering program now being performed at the 
     Oklahoma City Air Logistics Center Propulsion Directorate.
                                  ____

  SA 2257. Mr. BENNETT submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY 
                   COMMISSION PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 10756, the Commission shall, at 
     the request of the licensee for the project, and after 
     reasonable notice, in accordance with the good faith, due 
     diligence, and public interest requirements of that section 
     and the Commission's procedures under that section, extend 
     the time period during which the licensee is required to 
     commence the construction of the project for 3 consecutive 2-
     year periods.
       (b) Effective Date.--Subsection (a) takes effect on the 
     date of the expiration of the extension issued by the 
     Commission before the date of the enactment of this Act under 
     section 13 of the Federal Power Act (16 U.S.C. 806).
       (c) Reinstatement of Expired License.--If the period 
     required for commencement of construction of the project 
     described in subsection (a) expired before the date of the 
     enactment of this Act--
       (1) the Commission shall reinstate the license effective as 
     of the date of its expiration;
       (2) the reinstatement shall preserve the demonstration by 
     the licensee of compliance with all the requirements of 
     Public Law No. 103-450 (108 Stat. 4766) applicable to the 
     project; and
       (3) the first extension authorized under subsection (a) 
     shall take effect on the expiration date.
                                  ____

  SA 2258. Mr. LUGAR (for himself, Mr. Levin, Mr. Biden, Mr. Hagel, Mr. 
Domenici, Mr. Bingaman, Mr. Torricelli, Mr. Dodd, Mr. Daschle, and Mr. 
Kennedy) submitted an amendment intended to be proposed by him to the 
bill H.R. 3338, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. (a) Increase in Amount Available for Former 
     Soviet Union Threat Reduction.--The amount appropriated in 
     title II of this division under the heading ``Former Soviet 
     Union Threat Reduction'' is hereby increased by $46,000,000.
       (b) Offset.--Notwithstanding any other provision of this 
     Act, the amount of the reduction provided for in section 8098 
     of this title is hereby increased by $46,000,000, with the 
     amount of the increase to be distributed equally among each 
     of the accounts set forth in that section.
                                  ____

  SA 2259. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 389, line 9, of Division C, after the period insert 
     ``Of the amounts provided for equipment grants, $7,500,000 
     shall be made available for projects utilizing the techniques 
     of Risk Management Planning to provide real time crisis 
     planning, training, and response services to any widely 
     attended event, including sporting events, which receives a 
     terrorist threat advisory from the Federal Bureau of 
     Investigation or similar warnings from any other Federal law 
     enforcement agency.''
                                  ____

  SA 2260. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 223, line 23, insert before the period ``, of 
     which, $3,000,000 shall be used for a Processible Rigid-Rod 
     Polymeric Material Supplier Initiative under title III of the 
     Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) 
     to develop affordable production methods and a domestic 
     supplier for military and commercial processible rigid-rod 
     materials''.
                                  ____

  SA 2261. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec.  . Provided, That any request for advance 
     appropriations for large capital projects, to include 
     shipbuilding, may be proposed if such proposals include 
     contractual provisions which yield cost savings for such 
     projects. Provided further, That for purposes of this section 
     shipbuilding advance appropriations are defined as 
     appropriations

[[Page S12567]]

     made in any fiscal year for any naval vessel for such fiscal 
     year together with each of not more than five subsequent 
     fiscal years, in accordance with which the government may 
     incur obligations. Appropriations only for long lead items or 
     other advanced components are not included in this 
     definition.
                                  ____

  SA 2262. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . Of the total amount appropriated by title IV under 
     the heading ``RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
     DEFENSE WIDE'', $2,000,000 is available for Military 
     Personnel Research.
                                  ____

  SA 2263. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . Of the total amount appropriated by title VI under 
     the heading ``OTHER DEPARTMENT OF DEFENSE APPROPRIATIONS'', 
     $7,500,000 is available for Armed Forces Retirement Homes.
                                  ____

  SA 2264. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . Provided, That the funds appropriated by this act 
     for C-130J aircraft shall be used to support the Air Force's 
     long-range plan called the ``C-130 Roadmap'' to assist in the 
     planning, budgeting, and beddown of the C-130J fleet. The 
     ``C-130 Roadmap'' gives consideration to the needs of the 
     service, the condition of the aircraft to be replaced, and 
     the requirement to properly phase facilities to determine the 
     best C-130J aircraft beddown sequence.
                                  ____

  SA 2265. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by this 
     division for operation and maintenance, Air National Guard, 
     $4,000,000 may be used for continuation of the Air National 
     Guard Information Analysis Network (GUARDIAN).
                                  ____

  SA 2266. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the title of general provisions, add the 
     following:
       Sec.  . Of the amount appropriated by title II for 
     operation and maintenance, Defense-wide, $55,700,000 shall be 
     available only for the Defense Leadership and Management 
     Program.
                                  ____

  SA 2267. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by this 
     division for operation and maintenance, Marine Corps, 
     $2,800,000 may be used for completing the fielding of half-
     zip, pullover, fleece uniform shirts for all members of the 
     Marine Corps, including the Marine Corps Reserve.
                                  ____

  SA 2268. Mr. WARNER (for himself, Mr. Stevens, Mr. Allen, Mr. 
Cleland, and Mr. Inouye) submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. (a) Authority for Burial of Certain Individuals 
     at Arlington National Cemetery.--The Secretary of the Army 
     shall authorize the burial in a separate gravesite at 
     Arlington National Cemetery, Virginia, of any individual 
     who--
       (1) died as a direct result of the terrorist attacks on the 
     United States on September 11, 2001; and
       (2) would have been eligible for burial in Arlington 
     National Cemetery by reason of service in a reserve component 
     of the Armed Forces but for the fact that such individual was 
     less than 60 years of age at the time of death.
       (b) Eligibility of Surviving Spouse.--The surviving spouse 
     of an individual buried in a gravesite in Arlington National 
     Cemetery under the authority provided under subsection (a) 
     shall be eligible for burial in the gravesite of the 
     individual to the same extent as the surviving spouse of any 
     other individual buried in Arlington National Cemetery is 
     eligible for burial in the gravesite of such other 
     individual.
                                  ____

  SA 2269. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. (a) Funding for High Speed Assault Craft 
     Advanced Composite Engineering and Manufacturing 
     Demonstrator.--The amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'' is hereby increased by $2,000,000, 
     with the amount of increase to be allocated to the High Speed 
     Assault Craft Advanced Composite Engineering and 
     Manufacturing Demonstrator.
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for the High Speed Assault Craft Advanced 
     Composite Engineering and Manufacturing Demonstrator is in 
     addition to any other amounts made available by this Act for 
     the High Speed Assault Craft Advanced Composite Engineering 
     and Manufacturing Demonstrator.
       (c) Offset.--The total amount appropriated by this Act for 
     activities with respect to B-52 aircraft is hereby reduced by 
     $2,000,000.
                                  ____

  SA 2270. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. Of the amounts appropriated by title VI of this 
     division under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'', $15,000,000 shall be available 
     for the Gulf States Initiative.
                                  ____

  SA 2271. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. (a) Funding for Partnership for Peace 
     Information Management System.--The amount available for the 
     Partnership for Peace (PFP) Information Management System 
     under title IV of this division under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' is hereby 
     increased by $2,000,000 to $3,922,000.
       (4) Offset.--The amount made available by this Act for C4I 
     Interoperability is hereby reduced by $2,000,000.
                                  ____

  SA 2272. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. (a) Funding for Army Nutrition Project.--The amount 
     appropriated by title IV of this division under the heading 
     ``Research, Development, Test and Evaluation, Defense-Wide'' 
     is hereby increased by $2,500,000, with the amount of the 
     increase to be allocated to the Army Nutrition Project 
     (PE0603002A).
       (b) Supplement Not Supplant.--The amount made available 
     under subsection (a) for the Army Nutrition Project is in 
     addition to any other amounts available under this Act for 
     the Army Nutrition Project.
       (c) Offset.--(1) The amount made available by this Act for 
     the Defense Research Sciences, Southeast Atlantic Coastal 
     Ocean Observing System is hereby reduced by $2,000,000.

[[Page S12568]]

       (2) The amount made available by this Act for RF Systems 
     Advanced Technology, M3CAS is hereby reduced by $500,000.
                                  ____

  SA 2273. Mr. HELMS (for himself and Mr. Edwards) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in the bill, add the following new 
     section:
       Of the funds made available in title IV of this Act under 
     the heading ``Research Development, Test and Evaluation, 
     Army'', up to $4,000,000 may be made available for the 
     Display Performance and Environmental Evaluation Laboratory 
     Project of the Army Research Laboratory.
                                  ____

  SA 2274. Mr. HELMS (for himself and Mr. Edwards) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in the bill, add the following new 
     section:
       Of the funds made available in Title II of this Act under 
     the heading ``Operation and Maintenance, Army'', $2,550,000 
     shall be available for the U.S. Army Materiel Command's 
     Logistics and Technology Project (LOGTECH)
                                  ____

  SA 2275. Mr. HELMS submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, add the following new 
     section:
       Of the funds made available in Title II of this Act under 
     the heading ``Operation and Maintenance, Navy'', up to 
     $2,000,000 may be made available for the U.S. Navy to expand 
     the number of combat aircrews who can benefit from outsourced 
     Joint Airborne Tactical Electronic Combat Training.
                                  ____

  SA 2276. Mr. HELMS submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, add the following new 
     section:
       Sec. .Of the funds made available in Title II of this Act 
     under the heading ``Operation and Maintenance, Air Force,'', 
     up to $2,000,000 may be made available for the U.S. Air Force 
     to expand the number of combat aircrews who can benefit from 
     outsourced Joint Airborne Tactical Electronic Combat 
     Training.
                                  ____

  SA 2277. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.  .Of the amount appropriated by title III of this 
     division under the heading ``AIRCRAFT PROCUREMENT, AIR 
     FORCE'', $6,000,000 may be available for 10 radars in the Air 
     Force Radar Modernization Program for C-130H2 aircraft 
     (PEO40115) for aircraft of the Nevada Air National Guard at 
     Reno, Nevada.
                                  ____

  SA 2278. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.   . Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'', $3,000,000 may be made available for 
     Medical Development (PE604771N) for the Clark County, Nevada, 
     bioterrorism and public health laboratory.
                                  ____

  SA 2279. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec.   . Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Air Force '', $1,000,000 may be made available 
     for Agile Combat Support (PE64617) for the Rural Low 
     Bandwidth Medical Collaboration System.
                                  ____

  SA 2280. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by this 
     division for operation and maintenance, Navy, $6,000,000 may 
     be available for the critical infrastructure protection 
     initiative.
                                  ____

  SA 2281. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of this division, add the 
     following:
       Sec. 8135. (a) Funding for Domed Housing Units on Marshall 
     Islands.--The amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'' is hereby increased by $4,400,000, with 
     the amount of the increase to be available to the Commanding 
     General of the Army Space and Missile Defense Command for the 
     acquisition, installation, and maintenance of not more than 
     50 domed housing units for military personnel on Kwajalein 
     Atoll and other islands and locations in support of the 
     mission of the command.
       (b) Limitation.--Funds available under subsection (a) may 
     not be used for a contract with a person or entity if the 
     person or entity has not installed domed housing units on the 
     Marshall Islands as of the date of the enactment of this Act.
       (c) Offset.--The amount appropriated by title III of this 
     division under the heading ``Procurement, Marine Corps'' is 
     hereby reduced by $4,400,000, with the amount of the 
     reduction to be allocated to amounts available for the family 
     of internally transportable vehicles (ITV).
                                  ____

  SA 2282. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . Of the total amount appropriated by title IV under 
     the heading ``RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
     NAVY'', $12,000,000 is available for the planning and design 
     for evolutionary improvements for the next LHD-type 
     Amphibious Assault Ship.
                                  ____

  SA 2283. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike the following:
       Sec. 8032 (f) Notwithstanding any other provision of this 
     Act, the total amount appropriated in this Act for FFRDCs is 
     hereby reduced by $60,000,000.
                                  ____

  SA 2284. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC.   . NO PROHIBITION ON BURIAL OF RESERVISTS AT ARLINGTON 
                   NATIONAL CEMETERY BASED SOLELY ON AGE AT DEATH.

       (a) The Secretary of the Army may not prohibit the burial 
     at Arlington National Cemetery, Virginia, of a deceased 
     member of the Reserves who at death is qualified for burial 
     in their own grave at Arlington National Cemetery in all 
     respects but age at death based solely on the age of the 
     member at death.
       (b) Date of Enactment.--This section will take effect on 
     September 11, 2001, and for all occurrences thereafter.
                                  ____

  SA 2285. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S12569]]


       At the end of Division A, insert the following.

     SEC.  . POSTHUMOUS RECALL TO ACTIVE DUTY.

       (a) Posthumous Recall Procedure.--The Secretary of Defense 
     may posthumously and involuntarily recall to active duty 
     previously retired members of the Ready Reserve provided:
       (1) There is reason to believe they were killed attempting 
     to stop a terrorist attack on domestic soil or abroad, or
       (2) They were killed while engaged in the defense of the 
     United States.
       (b) Date of Enactment.--This section will take effect on 
     September 11, 2001, and for all occurrences thereafter.
                                  ____

  SA 2286. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       In chapter 3 of title I of division C, under the heading 
     ``National Nuclear Security Administration'' under the 
     paragraph ``Defense Nuclear Proliferation'', insert after 
     ``nuclear nonproliferation and verification research and 
     development'' the following: ``(including research and 
     development with respect to radiological dispersion devices, 
     also known as `dirty bombs')''.
                                  ____

  SA 2287. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       In chapter 3 of title I of division C, under the heading 
     ``Nuclear Regulatory Commission'' under the paragraph 
     ``Salaries and Expenses'', insert after ``nuclear power 
     plants'' the following: ``and spent nuclear fuel storage 
     facilities''.
                                  ____

  SA 2288. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       In chapter 3 of title I of division C, insert after the 
     matter relating to ``defense nuclear nonproliferation'' the 
     following:

              Office of Critical Infrastructure Protection


         national infrastructure simulation and analysis center

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, and to improve 
     the security of the Nation's oil refineries against cyber and 
     physical attack, $16,000,000, to remain available until 
     September 30, 2003: Provided, That the amount appropriated by 
     chapter 12 of division B under the heading ``Environmental 
     Protection Agency'' under the paragraph ``environmental 
     programs and management'' is hereby reduced by $14,000,000; 
     Provided further, That the amount appropriated by chapter 7 
     of this title under the heading ``Environmental Protection 
     Agency'' under the paragraph ``environmental programs and 
     management'' is hereby reduced by $2,000,000.
                                  ____

  SA 2289. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in Division B, insert the 
     following:

     SEC. ____. TRANSIT ECONOMIC STIMULUS PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Heavy-duty transit bus.--The term ``heavy-duty transit 
     bus'' has the same meaning given that term in the American 
     Public Transportation Association Standard Procurement 
     Guideline Specifications dated March 25, 1999 and July 3, 
     2001.
       (2) Intercity coach.--The term ``intercity coach'' has the 
     same meaning given that term in Solicitation FFAH-B1-002272-
     N, section 1-4B, Amendment number 2, dated June 6, 2000.
       (b) Pilot Program.--
       (1) In general.--The Federal Transit Administration of the 
     Department of Transportation shall carry out a pilot program 
     to facilitate and accelerate the immediate procurement of 
     heavy-duty transit buses and intercity coaches by State, 
     local, and regional transportation authorities that are 
     recipients of Federal Transit Administration assistance or 
     grants through existing contracts with the General Services 
     Administration.
       (2) Termination.--The pilot program carried out under 
     paragraph (1) shall terminate on December 31, 2003.
       (c) Establishment of Multiple Award Schedule by GSA.--Not 
     later than December 31, 2003, the General Services 
     Administration, with assistance from the Federal Transit 
     Administration, shall establish and publish a multiple award 
     schedule for heavy-duty transit buses and intercity coaches 
     which shall permit Federal agencies and State, regional, or 
     local transportation authorities that are recipients of 
     Federal Transit Administration assistance or grants, or other 
     ordering entities, to acquire heavy-duty transit buses and 
     intercity coaches under those schedules.
       (d) Report.--
       (1) In general.--The Administrator of the Federal Transit 
     Administration shall submit a report quarterly, in writing, 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Appropriations of the Senate, and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives.
       (2) Contents.--The report required to be submitted under 
     paragraph (1) shall describe, with specificity--
       (A) all measures being taken to accelerate the processes 
     authorized under this section, including estimates on the 
     effect of this section on job retention in the bus and 
     intercity coach manufacturing industry;
       (B) job creation in the bus and intercity coach 
     manufacturing industry as a result of the economic stimulus 
     program established under this section; and
       (C) bus and intercity coach manufacturing economic growth 
     in those States and localities that have participated in the 
     pilot program carried out under subsection (b).
       (e) Compliance with Other Laws.--This section shall be 
     carried out in accordance with all existing Federal transit 
     laws and requirements.
       (f) Termination.--This section shall terminate on December 
     31, 2006.
                                  ____

  SA 2290. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

                      DIVISION F--OTHER PROVISIONS

       Sec. 101. (a) Small Manufacturers Exempt From Firearms 
     Excise Tax.--Section 4182 of the Internal Revenue Code of 
     1986 (relating to exemptions) is amended by redesignating 
     subsection (c) as subsection (d) and by inserting after 
     subsection (b) the following new subsection:
       ``(c) Small Manufacturers, Etc.--
       ``(1) In general.--The tax imposed by section 4181 shall 
     not apply to any article described in such section if 
     manufactured, produced, or imported by a person who 
     manufactures, produces, and imports less than 50 of such 
     articles during the calendar year.
       ``(2) Controlled groups.--All persons treated as a single 
     employer for purposes of subsection (a) or (b) of section 52 
     shall be treated as one person for purposes of paragraph 
     (1).''
       (b) Effective Date.--The amendments made by this section 
     shall apply to articles sold by the manufacturer, producer, 
     or importer after the date of the enactment of this Act.
                                  ____

  SA 2291. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. (a) Funding for National Tissue Engineering 
     Center.--The amount appropriated by title IV of this division 
     under the heading ``Research, Development, Test and 
     Evaluation, Army'' is hereby increased by $4,000,000, with 
     the amount of the increase to be allocated to Medical 
     Technology and available for the National Tissue Engineering 
     Center.
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for the National Tissue Engineering Center is 
     in addition to any other amounts made available by this Act 
     for the National Tissue Engineering Center.
       (c) Offset.--The amount appropriated by title III of this 
     division under the heading ``Procurement of Ammunition, 
     Army'' is hereby reduced by $4,000,000, with the amount of 
     the reduction to be allocated to amounts available for the 
     Armament Retooling Manufacturing Support (ARMS) initiative.
                                  ____

  SA 2292. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 204, line 20, increase the amount by $5,000,000.
       On page 213, line 10, reduce the amount by $5,000,000.
                                  ____

  SA 2293. Mr. SANTORUM submitted an amendment intended to be proposed

[[Page S12570]]

by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 225, line 8, increase the amount by $1,000,000.
       On page 213, line 10, reduce the amount by $1,000,000.
                                  ____

  SA 2294. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 225, line 1, increase the amount by $3,000,000.
       On page 213, line 10, reduce the amount by $3,000,000.
                                  ____

  SA 2295. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 214, line 16, increase the amount by $5,000,000.
       On page 213, line 10, reduce the amount by $5,000,000.
                                  ____

  SA 2296. Mr. SPECTER (for himself and Mr. Santorum) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 409, after line 21, add the following:

                 DIVISION F--MEDICARE RECLASSIFICATIONS

     SEC. 6101. THREE-YEAR RECLASSIFICATION OF CERTAIN COUNTIES 
                   FOR PURPOSES OF REIMBURSEMENT UNDER THE 
                   MEDICARE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, effective for discharges occurring during fiscal years 
     2002, 2003, and 2004, for purposes of making payments under 
     subsections (d) and (j) of section 1886 of the Social 
     Security Act (42 U.S.C. 1395ww) to hospitals (including 
     rehabilitation hospitals and rehabilitation units under such 
     subsection (j))--
       (1) in Columbia, Lackawanna, Luzerne, Wyoming, and Lycoming 
     Counties, Pennsylvania, such counties are deemed to be 
     located in the Newburgh, New York-PA Metropolitan Statistical 
     Area;
       (2) in Northumberland County, Pennsylvania, such county is 
     deemed to be located in the Harrisburg-Lebanon-Carlisle, 
     Pennsylvania Metropolitan Statistical Area; and
       (3) in Mercer County, Pennsylvania, such county is deemed 
     to be located in the Youngstown-Warren, Ohio Metropolitan 
     Statistical Area.
       (b) Rules.--The reclassifications made under subsection (a) 
     shall be treated as decisions of the Medicare Geographic 
     Classification Review Board under paragraph (10) of section 
     1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), 
     except that, subject to paragraph (8)(D) of that section, 
     payments shall be made under such section to any hospital 
     reclassified into--
       (1) the Newburgh, New York-PA Metropolitan Statistical Area 
     as of October 1, 2001, as if the counties described in 
     subsection (a)(1) had not been reclassified into such Area 
     under such subsection;
       (2) the Harrisburg-Lebanon-Carlisle, Pennsylvania 
     Metropolitan Statistical Area as of October 1, 2001, as if 
     the county described in subsection (a)(2) had not been 
     reclassified into such Area under such subsection; and
       (3) the Youngstown-Warren, Ohio Metropolitan Statistical 
     Area as of October 1, 2001, as if the county described in 
     subsection (a)(3) had not been reclassified into such Area 
     under such subsection.
                                  ____

  SA 2297. Mr. BAYH (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill H.R. 3338, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Authorization.--The Secretary of Health and 
     Human Services (referred to in this section as ``secretary'') 
     is authorized to award grants to, or enter into cooperative 
     agreements with, States to increase the level of bioterrorism 
     preparedness.
       (b) Amount of Allotments.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), of the amount made available for the purpose of carrying 
     out this section the Secretary shall allot to each State that 
     submits a State preparedness plan under subsection (c) an 
     amount equal to the amount that bears the same ratio to such 
     funds as the population in the State bears to the population 
     of all States.
       (2) Exception.--The Secretary may provide additional funds 
     under paragraph (1) to a State that has extraordinary needs 
     with respect to bioterrorism preparedness.
       (3) Minimum allotment.--No allotment to a State under this 
     section, other than an allotment to the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands, 
     shall be less than $5,000,000.
       (4) Pro rata reductions.--The Secretary shall make such pro 
     rata reductions to the allotments determined under paragraphs 
     (1) and (2), as are necessary to comply with the requirement 
     of paragraph (3).
       (5) Supplement not supplant.--Amounts allotted to a State 
     under this subsection shall be used to supplement and not 
     supplant other Federal, State, or local funds provided to the 
     State under any other provision of law that are used to 
     support programs and activities similar to the activities 
     described in subparagraph (a).
       (c) State Preparedness Plan.--
       (1) In general.--Each State desiring an allotment under 
     this section shall submit a State preparedness plan to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       (2) Requirements.--Each State developing a plan for 
     submission under paragraph (1) shall consult with any 
     entities that may be affected by such plan.
       (d) Regulations.--The Secretary shall implement regulations 
     to ensure funds are used consistent with the State plan 
     submitted under subsection (c).
       (e) Definition of State.--For the purposes of this section, 
     the term ``State'' means the 50 states of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.
       (f) Funding.--Of the amount allocated under this Act to 
     prepare for or respond to bioterrorism, $670,000,000 shall be 
     used for the purpose of carrying out this section.
                                  ____

  SA 2298. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by title III of 
     this division for other procurement, Navy, $14,000,000 shall 
     be available for the NULKA decoy procurement.
                                  ____

  SA 2299. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3338, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 226, line 20, strike the colon and all 
     that follows through page 227, line 15, and insert a period.
                                  ____

  SA 2300. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17, and 18, insert the 
     following:
       Sec. 8135. (a) Of the total amount appropriated by title 
     III of this division for the Navy for procurement for 
     shipbuilding and conversion, $50,000,000 shall be available 
     for the DDG-51 destroyer program.
       (b) Using funds available under subsection (a), the 
     Secretary of the Navy may, in fiscal year 2002, enter into 
     one or more contracts with the shipbuilder and other sources 
     for advance procurement and advance construction of 
     components for one additional DDG-51 Arleigh Burke class 
     destroyer.
       (c) It is the sense of Congress that the President should 
     include in the budget for fiscal year 2003 submitted to 
     Congress under section 1105 of title 31, United States Code, 
     funding for the DDG-51 Arleigh Burke Destroyer program in 
     amounts sufficient to support the commencement of 
     construction of a third DDG-51 Arleigh Burke class destroyer 
     at the lead shipyard for the program in fiscal year 2003.
                                  ____

  SA 2301. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. (a) Of the total amount appropriated by title 
     III of this division for procurement, Defense-Wide, 
     $5,000,000 shall be available for low-rate initial production 
     of

[[Page S12571]]

     the Striker advanced lightweight grenade launcher.
       (b) Of the total amount appropriated by title IV of this 
     division for research, development, test and evaluation, 
     Navy, $1,000,000 shall be available for the Warfighting 
     Laboratory for delivery and evaluation of prototype units of 
     the Striker advanced lightweight grenade launcher.
                                  ____

  SA 2302. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by title IV of 
     this division for research, development, test and evaluation, 
     Defense-Wide, $4,000,000 shall be available for the 
     Intelligent Spatial Technologies for Smart Maps Initiative of 
     the National Imagery and Mapping Agency.
                                  ____

  SA 2303. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Defense-Wide, $5,000,000 shall be available for 
     further development of light weight sensors of chemical and 
     biological agents using fluorescence-based detection.
                                  ____

  SA 2304. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Navy, $4,300,000 shall be available for the 
     demonstration and validation of laser fabricated steel 
     reinforcement for ship construction.
                                  ____

  SA 2305. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 326, between lines 17 and 18, insert the following:
       Sec. 8135. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Army, $5,000,000 shall be available for further 
     development, fabrication, and testing of composite materials 
     and missile components for the next general of tactical 
     missiles.
                                  ____

  SA 2306. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'' and available for the Medical Advanced 
     Technology Account, $2,500,000 may be made available for the 
     Army Nutrition Project (PE0603002A).
                                  ____

  SA 2307. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. Of the total amount appropriated by title IV of 
     this division under the heading ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $2,000,000 may be made 
     available for the Partnership for Peace (PFP) Information 
     Management System. Any amount made available for the 
     Partnership for Peace Information Management System under 
     this section is in addition to other amounts available for 
     the Partnership for Peace Information Management System under 
     the Act.
                                  ____

  SA 2308. Mr. REID (for Mr. Rockefeller (for himself and Mr. Specter)) 
proposed an amendment to the bill H.R. 2716, to amend title 38, United 
States Code, to revise, improve, and consolidate provisions of law 
providing benefits and services for homeless veterans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO 
                   TITLE 38, UNITED STATES CODE.

       (a) Short Title.--This Act may be cited as the ``Homeless 
     Veterans Comprehensive Assistance Act of 2001''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references to title 38, United 
              States Code.
Sec. 2. Definitions.
Sec. 3. National goal to end homelessness among veterans.
Sec. 4. Sense of the Congress regarding the needs of homeless veterans 
              and the responsibility of Federal agencies.
Sec. 5. Consolidation and improvement of provisions of law relating to 
              homeless veterans.
Sec. 6. Evaluation centers for homeless veterans programs.
Sec. 7. Study of outcome effectiveness of grant program for homeless 
              veterans with special needs.
Sec. 8. Expansion of other programs.
Sec. 9. Coordination of employment services.
Sec. 10. Use of real property.
Sec. 11. Meetings of Interagency Council on Homeless.
Sec. 12. Rental assistance vouchers for HUD Veterans Affairs Supported 
              Housing program.
       (c) References to Title 38, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``homeless veteran'' has the meaning given 
     such term in section 2002 of title 38, United States Code, as 
     added by section 5(a)(1).
       (2) The term ``grant and per diem provider'' means an 
     entity in receipt of a grant under section 2011 or 2012 of 
     title 38, United States Code, as so added.

     SEC. 3. NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS.

       (a) National Goal.--Congress hereby declares it to be a 
     national goal to end chronic homelessness among veterans 
     within a decade of the enactment of this Act.
       (b) Cooperative Efforts Encouraged.--Congress hereby 
     encourages all departments and agencies of Federal, State, 
     and local governments, quasi-governmental organizations, 
     private and public sector entities, including community-based 
     organizations, faith-based organizations, and individuals to 
     work cooperatively to end chronic homelessness among veterans 
     within a decade.

     SEC. 4. SENSE OF THE CONGRESS REGARDING THE NEEDS OF HOMELESS 
                   VETERANS AND THE RESPONSIBILITY OF FEDERAL 
                   AGENCIES.

       It is the sense of the Congress that--
       (1) homelessness is a significant problem in the veterans 
     community and veterans are disproportionately represented 
     among homeless men;
       (2) while many effective programs assist homeless veterans 
     to again become productive and self-sufficient members of 
     society, current resources provided to such programs and 
     other activities that assist homeless veterans are inadequate 
     to provide all needed essential services, assistance, and 
     support to homeless veterans;
       (3) the most effective programs for the assistance of 
     homeless veterans should be identified and expanded;
       (4) federally funded programs for homeless veterans should 
     be held accountable for achieving clearly defined results;
       (5) Federal efforts to assist homeless veterans should 
     include prevention of homelessness; and
       (6) Federal agencies, particularly the Department of 
     Veterans Affairs, the Department of Housing and Urban 
     Development, and the Department of Labor, should cooperate 
     more fully to address the problem of homelessness among 
     veterans.

     SEC. 5. CONSOLIDATION AND IMPROVEMENT OF PROVISIONS OF LAW 
                   RELATING TO HOMELESS VETERANS.

       (a) In General.--(1) Part II is amended by inserting after 
     chapter 19 the following new chapter:

              ``CHAPTER 20--BENEFITS FOR HOMELESS VETERANS

      ``subchapter i--purpose; definitions; administrative matters

``Sec.
``2001. Purpose.
``2002. Definitions.
``2003. Staffing requirements.

            ``subchapter ii--comprehensive service programs

``2011. Grants.
``2012. Per diem payments.
``2013. Authorization of appropriations.

                ``subchapter iii--training and outreach

``2021. Homeless veterans reintegration programs.

[[Page S12572]]

``2022. Coordination of outreach services for veterans at risk of 
              homelessness.
``2023. Demonstration program of referral and counseling for veterans 
              transitioning from certain institutions who are at risk 
              for homelessness.

 ``subchapter iv--treatment and rehabilitation for seriously mentally 
                       ill and homeless veterans

``2031. General treatment.
``2032. Therapeutic housing.
``2033. Additional services at certain locations.
``2034. Coordination with other agencies and organizations.

                   ``subchapter v--housing assistance

``2041. Housing assistance for homeless veterans.
``2042. Supported housing for veterans participating in compensated 
              work therapies.
``2043. Domiciliary care programs.

  ``subchapter vi--loan guarantee for multifamily transitional housing

``2051. General authority.
``2052. Requirements.
``2053. Default.
``2054. Audit.

                   ``subchapter vii--other provisions

``2061. Grant program for homeless veterans with special needs.
``2062. Dental care.
``2063. Employment assistance.
``2064. Technical assistance grants for nonprofit community-based 
              groups.
``2065. Annual report on assistance to homeless veterans.
``2066. Advisory Committee on Homeless Veterans.

      ``SUBCHAPTER I--PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS

     ``Sec. 2001. Purpose

       ``The purpose of this chapter is to provide for the special 
     needs of homeless veterans.

     ``Sec. 2002. Definitions

       ``In this chapter:
       ``(1) The term `homeless veteran' means a veteran who is 
     homeless (as that term is defined in section 103(a) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)).
       ``(2) The term `grant and per diem provider' means an 
     entity in receipt of a grant under section 2011 or 2012 of 
     this title.

     ``Sec. 2003. Staffing requirements

       ``(a) VBA Staffing at Regional Offices.--The Secretary 
     shall ensure that there is at least one full-time employee 
     assigned to oversee and coordinate homeless veterans programs 
     at each of the 20 Veterans Benefits Administration regional 
     offices that the Secretary determines have the largest 
     homeless veteran populations within the regions of the 
     Administration. The programs covered by such oversight and 
     coordination include the following:
       ``(1) Housing programs administered by the Secretary under 
     this title or any other provision of law.
       ``(2) Compensation, pension, vocational rehabilitation, and 
     education benefits programs administered by the Secretary 
     under this title or any other provision of law.
       ``(3) The housing program for veterans supported by the 
     Department of Housing and Urban Development.
       ``(4) The homeless veterans reintegration program of the 
     Department of Labor under section 2021 of this title.
       ``(5) The programs under section 2033 of this title.
       ``(6) The assessments required by section 2034 of this 
     title.
       ``(7) Such other programs relating to homeless veterans as 
     may be specified by the Secretary.
       ``(b) VHA Case Managers.--The Secretary shall ensure that 
     the number of case managers in the Veterans Health 
     Administration is sufficient to assure that every veteran who 
     is provided a housing voucher through section 8(o) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is 
     assigned to, and is seen as needed by, a case manager.

            ``SUBCHAPTER II--COMPREHENSIVE SERVICE PROGRAMS

     ``Sec. 2011. Grants

       ``(a) Authority To Make Grants.--(1) Subject to the 
     availability of appropriations provided for such purpose, the 
     Secretary shall make grants to assist eligible entities in 
     establishing programs to furnish, and expanding or modifying 
     existing programs for furnishing, the following to homeless 
     veterans:
       ``(A) Outreach.
       ``(B) Rehabilitative services.
       ``(C) Vocational counseling and training
       ``(D) Transitional housing assistance.
       ``(2) The authority of the Secretary to make grants under 
     this section expires on September 30, 2005.
       ``(b) Criteria for Grants.--The Secretary shall establish 
     criteria and requirements for grants under this section, 
     including criteria for entities eligible to receive grants, 
     and shall publish such criteria and requirements in the 
     Federal Register. The criteria established under this 
     subsection shall include the following:
       ``(1) Specification as to the kinds of projects for which 
     grants are available, which shall include--
       ``(A) expansion, remodeling, or alteration of existing 
     buildings, or acquisition of facilities, for use as service 
     centers, transitional housing, or other facilities to serve 
     homeless veterans; and
       ``(B) procurement of vans for use in outreach to and 
     transportation for homeless veterans for purposes of a 
     program referred to in subsection (a).
       ``(2) Specification as to the number of projects for which 
     grants are available.
       ``(3) Criteria for staffing for the provision of services 
     under a project for which grants are made.
       ``(4) Provisions to ensure that grants under this section--
       ``(A) shall not result in duplication of ongoing services; 
     and
       ``(B) to the maximum extent practicable, shall reflect 
     appropriate geographic dispersion and an appropriate balance 
     between urban and other locations.
       ``(5) Provisions to ensure that an entity receiving a grant 
     shall meet fire and safety requirements established by the 
     Secretary, which shall include--
       ``(A) such State and local requirements that may apply; and
       ``(B) fire and safety requirements applicable under the 
     Life Safety Code of the National Fire Protection Association 
     or such other comparable fire and safety requirements as the 
     Secretary may specify.
       ``(6) Specification as to the means by which an entity 
     receiving a grant may contribute in-kind services to the 
     start-up costs of a project for which a grant is sought and 
     the methodology for assigning a cost to that contribution for 
     purposes of subsection (c).
       ``(c) Funding Limitations.--A grant under this section may 
     not be used to support operational costs. The amount of a 
     grant under this section may not exceed 65 percent of the 
     estimated cost of the project concerned.
       ``(d) Eligible Entities.--The Secretary may make a grant 
     under this section to an entity applying for such a grant 
     only if the applicant for the grant--
       ``(1) is a public or nonprofit private entity with the 
     capacity (as determined by the Secretary) to effectively 
     administer a grant under this section;
       ``(2) demonstrates that adequate financial support will be 
     available to carry out the project for which the grant is 
     sought consistent with the plans, specifications, and 
     schedule submitted by the applicant; and
       ``(3) agrees to meet the applicable criteria and 
     requirements established under subsections (b) and (g) and 
     has, as determined by the Secretary, the capacity to meet 
     such criteria and requirements.
       ``(e) Application Requirement.--An entity seeking a grant 
     for a project under this section shall submit to the 
     Secretary an application for the grant. The application shall 
     set forth the following:
       ``(1) The amount of the grant sought for the project.
       ``(2) A description of the site for the project.
       ``(3) Plans, specifications, and the schedule for 
     implementation of the project in accordance with criteria and 
     requirements prescribed by the Secretary under subsection 
     (b).
       ``(4) Reasonable assurance that upon completion of the work 
     for which the grant is sought, the project will become 
     operational and the facilities will be used principally to 
     provide to veterans the services for which the project was 
     designed, and that not more than 25 percent of the services 
     provided under the project will be provided to individuals 
     who are not veterans.
       ``(f) Program Requirements.--The Secretary may not make a 
     grant for a project to an applicant under this section unless 
     the applicant in the application for the grant agrees to each 
     of the following requirements:
       ``(1) To provide the services for which the grant is made 
     at locations accessible to homeless veterans.
       ``(2) To maintain referral networks for homeless veterans 
     for establishing eligibility for assistance and obtaining 
     services, under available entitlement and assistance 
     programs, and to aid such veterans in establishing 
     eligibility for and obtaining such services.
       ``(3) To ensure the confidentiality of records maintained 
     on homeless veterans receiving services through the project.
       ``(4) To establish such procedures for fiscal control and 
     fund accounting as may be necessary to ensure proper 
     disbursement and accounting with respect to the grant and to 
     such payments as may be made under section 2012 of this 
     title.
       ``(5) To seek to employ homeless veterans and formerly 
     homeless veterans in positions created for purposes of the 
     grant for which those veterans are qualified.
       ``(g) Service Center Requirements.--In addition to criteria 
     and requirements established under subsection (b), in the 
     case of an application for a grant under this section for a 
     service center for homeless veterans, the Secretary shall 
     require each of the following:
       ``(1) That such center provide services to homeless 
     veterans during such hours as the Secretary may specify and 
     be open to such veterans on an as-needed, unscheduled basis.
       ``(2) That space at such center be made available, as 
     mutually agreeable, for use by staff of the Department of 
     Veterans Affairs, the Department of Labor, and other 
     appropriate agencies and organizations in assisting homeless 
     veterans served by such center.
       ``(3) That such center be equipped and staffed to provide 
     or to assist in providing health care, mental health 
     services, hygiene facilities, benefits and employment 
     counseling, meals, transportation assistance, and such other 
     services as the Secretary determines necessary.

[[Page S12573]]

       ``(4) That such center be equipped and staffed to provide, 
     or to assist in providing, job training, counseling, and 
     placement services (including job readiness and literacy and 
     skills training), as well as any outreach and case management 
     services that may be necessary to carry out this paragraph.
       ``(h) Recovery of Unused Grant Funds.--(1) If a grant 
     recipient under this section does not establish a program in 
     accordance with this section or ceases to furnish services 
     under such a program for which the grant was made, the United 
     States shall be entitled to recover from such recipient the 
     total of all unused grant amounts made under this section to 
     such recipient in connection with such program.
       ``(2) Any amount recovered by the United States under 
     paragraph (1) may be obligated by the Secretary without 
     fiscal year limitation to carry out provisions of this 
     subchapter.
       ``(3) An amount may not be recovered under paragraph (1) as 
     an unused grant amount before the end of the three-year 
     period beginning on the date on which the grant is made.

     ``Sec. 2012. Per diem payments

       ``(a) Per Diem Payments for Furnishing Services to Homeless 
     Veterans.--(1) Subject to the availability of appropriations 
     provided for such purpose, the Secretary, pursuant to such 
     criteria as the Secretary shall prescribe, shall provide to a 
     recipient of a grant under section 2011 of this title (or an 
     entity eligible to receive a grant under that section which 
     after November 10, 1992, establishes a program that the 
     Secretary determines carries out the purposes described in 
     that section) per diem payments for services furnished to any 
     homeless veteran--
       ``(A) whom the Secretary has referred to the grant 
     recipient (or entity eligible for such a grant); or
       ``(B) for whom the Secretary has authorized the provision 
     of services.
       ``(2)(A) The rate for such per diem payments shall be the 
     daily cost of care estimated by the grant recipient or 
     eligible entity adjusted by the Secretary under subparagraph 
     (B). In no case may the rate determined under this paragraph 
     exceed the rate authorized for State homes for domiciliary 
     care under subsection (a)(1)(A) of section 1741 of this 
     title, as the Secretary may increase from time to time under 
     subsection (c) of that section.
       ``(B) The Secretary shall adjust the rate estimated by the 
     grant recipient or eligible entity under subparagraph (A) to 
     exclude other sources of income described in subparagraph (D) 
     that the grant recipient or eligible entity certifies to be 
     correct.
       ``(C) Each grant recipient or eligible entity shall provide 
     to the Secretary such information with respect to other 
     sources of income as the Secretary may require to make the 
     adjustment under subparagraph (B).
       ``(D) The other sources of income referred to in 
     subparagraphs (B) and (C) are payments to the grant recipient 
     or eligible entity for furnishing services to homeless 
     veterans under programs other than under this subchapter, 
     including payments and grants from other departments and 
     agencies of the United States, from departments or agencies 
     of State or local government, and from private entities or 
     organizations.
       ``(3) In a case in which the Secretary has authorized the 
     provision of services, per diem payments under paragraph (1) 
     may be paid retroactively for services provided not more than 
     three days before the authorization was provided.
       ``(b) Inspections.--The Secretary may inspect any facility 
     of a grant recipient or entity eligible for payments under 
     subsection (a) at such times as the Secretary considers 
     necessary. No per diem payment may be provided to a grant 
     recipient or eligible entity under this section unless the 
     facilities of the grant recipient or eligible entity meet 
     such standards as the Secretary shall prescribe.
       ``(c) Life Safety Code.--(1) Except as provided in 
     paragraph (2), a per diem payment may not be provided under 
     this section to a grant recipient or eligible entity unless 
     the facilities of the grant recipient or eligible entity, as 
     the case may be, meet applicable fire and safety requirements 
     under the Life Safety Code of the National Fire Protection 
     Association or such other comparable fire and safety 
     requirements as the Secretary may specify.
       ``(2) During the five-year period beginning on the date of 
     the enactment of this section, paragraph (1) shall not apply 
     to an entity that received a grant under section 3 of the 
     Homeless Veterans Comprehensive Service Programs Act of 1992 
     (Public Law 102-590; 38 U.S.C. 7721 note) before that date if 
     the entity meets fire and safety requirements established by 
     the Secretary.
       ``(3) From amounts available for purposes of this section, 
     not less than $5,000,000 shall be used only for grants to 
     assist entities covered by paragraph (2) in meeting the Life 
     Safety Code of the National Fire Protection Association or 
     such other comparable fire and safety requirements as the 
     Secretary may specify.

     ``Sec. 2013. Authorization of appropriations

       ``There are authorized to be appropriated to carry out this 
     subchapter amounts as follows:
       ``(1) $60,000,000 for fiscal year 2002.
       ``(2) $75,000,000 for fiscal year 2003.
       ``(3) $75,000,000 for fiscal year 2004.
       ``(4) $75,000,000 for fiscal year 2005.

                ``SUBCHAPTER III--TRAINING AND OUTREACH

     ``Sec. 2021. Homeless veterans reintegration programs

       ``(a) In General.--Subject to the availability of 
     appropriations provided for such purpose, the Secretary of 
     Labor shall conduct, directly or through grant or contract, 
     such programs as the Secretary determines appropriate to 
     provide job training, counseling, and placement services 
     (including job readiness and literacy and skills training) to 
     expedite the reintegration of homeless veterans into the 
     labor force.
       ``(b) Requirement To Monitor Expenditures of Funds.--(1) 
     The Secretary of Labor shall collect such information as that 
     Secretary considers appropriate to monitor and evaluate the 
     distribution and expenditure of funds appropriated to carry 
     out this section. The information shall include data with 
     respect to the results or outcomes of the services provided 
     to each homeless veteran under this section.
       ``(2) Information under paragraph (1) shall be furnished in 
     such form and manner as the Secretary of Labor may specify.
       ``(c) Administration Through the Assistant Secretary of 
     Labor for Veterans' Employment and Training.--The Secretary 
     of Labor shall carry out this section through the Assistant 
     Secretary of Labor for Veterans' Employment and Training.
       ``(d) Biennial Report to Congress.--Not less than every two 
     years, the Secretary of Labor shall submit to Congress a 
     report on the programs conducted under this section. The 
     Secretary of Labor shall include in the report an evaluation 
     of services furnished to veterans under this section and an 
     analysis of the information collected under subsection (b).
       ``(e) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to carry out this section 
     amounts as follows:
       ``(A) $50,000,000 for fiscal year 2002.
       ``(B) $50,000,000 for fiscal year 2003.
       ``(C) $50,000,000 for fiscal year 2004.
       ``(D) $50,000,000 for fiscal year 2005.
       ``(E) $50,000,000 for fiscal year 2006.
       ``(2) Funds appropriated to carry out this section shall 
     remain available until expended. Funds obligated in any 
     fiscal year to carry out this section may be expended in that 
     fiscal year and the succeeding fiscal year.

     ``Sec. 2022. Coordination of outreach services for veterans 
       at risk of homelessness

       ``(a) Outreach Plan.--The Secretary, acting through the 
     Under Secretary for Health, shall provide for appropriate 
     officials of the Mental Health Service and the Readjustment 
     Counseling Service of the Veterans Health Administration to 
     develop a coordinated plan for joint outreach by the two 
     Services to veterans at risk of homelessness, including 
     particularly veterans who are being discharged or released 
     from institutions after inpatient psychiatric care, substance 
     abuse treatment, or imprisonment.
       ``(b) Matters To Be Included.--The outreach plan under 
     subsection (a) shall include the following:
       ``(1) Strategies to identify and collaborate with non-
     Department entities used by veterans who have not 
     traditionally used Department services to further outreach 
     efforts.
       ``(2) Strategies to ensure that mentoring programs, 
     recovery support groups, and other appropriate support 
     networks are optimally available to veterans.
       ``(3) Appropriate programs or referrals to family support 
     programs.
       ``(4) Means to increase access to case management services.
       ``(5) Plans for making additional employment services 
     accessible to veterans.
       ``(6) Appropriate referral sources for mental health and 
     substance abuse services.
       ``(c) Cooperative Relationships.--The outreach plan under 
     subsection (a) shall identify strategies for the Department 
     to enter into formal cooperative relationships with entities 
     outside the Department to facilitate making services and 
     resources optimally available to veterans.
       ``(d) Review of Plan.--The Secretary shall submit the 
     outreach plan under subsection (a) to the Advisory Committee 
     on Homeless Veterans for its review and consultation.
       ``(e) Outreach Program.--(1) The Secretary shall carry out 
     an outreach program to provide information to homeless 
     veterans and veterans at risk of homelessness. The program 
     shall include at a minimum--
       ``(A) provision of information about benefits available to 
     eligible veterans from the Department; and
       ``(B) contact information for local Department facilities, 
     including medical facilities, regional offices, and veterans 
     centers.
       ``(2) In developing and carrying out the program under 
     paragraph (1), the Secretary shall, to the extent 
     practicable, consult with appropriate public and private 
     organizations, including the Bureau of Prisons, State social 
     service agencies, the Department of Defense, and mental 
     health, veterans, and homeless advocates--
       ``(A) for assistance in identifying and contacting veterans 
     who are homeless or at risk of homelessness;
       ``(B) to coordinate appropriate outreach activities with 
     those organizations; and
       ``(C) to coordinate services provided to veterans with 
     services provided by those organizations.
       ``(f) Reports.--(1) Not later than October 1, 2002, the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives an initial report 
     that contains an evaluation of outreach

[[Page S12574]]

     activities carried out by the Secretary with respect to 
     homeless veterans, including outreach regarding clinical 
     issues and other benefits administered under this title. The 
     Secretary shall conduct the evaluation in consultation with 
     the Under Secretary for Benefits, the Department of Veterans 
     Affairs central office official responsible for the 
     administration of the Readjustment Counseling Service, the 
     Director of Homeless Veterans Programs, and the Department of 
     Veterans Affairs central office official responsible for the 
     administration of the Mental Health Strategic Health Care 
     Group.
       ``(2) Not later than December 31, 2005, the Secretary shall 
     submit to the committees referred to in paragraph (1) an 
     interim report on outreach activities carried out by the 
     Secretary with respect to homeless veterans. The report shall 
     include the following:
       ``(A) The Secretary's outreach plan under subsection (a), 
     including goals and time lines for implementation of the plan 
     for particular facilities and service networks.
       ``(B) A description of the implementation and operation of 
     the outreach program under subsection (e).
       ``(C) A description of the implementation and operation of 
     the demonstration program under section 2023 of this title.
       ``(3) Not later than July 1, 2007, the Secretary shall 
     submit to the committees referred to in paragraph (1) a final 
     report on outreach activities carried out by the Secretary 
     with respect to homeless veterans. The report shall include 
     the following:
       ``(A) An evaluation of the effectiveness of the outreach 
     plan under subsection (a).
       ``(B) An evaluation of the effectiveness of the outreach 
     program under subsection (e).
       ``(C) An evaluation of the effectiveness of the 
     demonstration program under section 2023 of this title.
       ``(D) Recommendations, if any, regarding an extension or 
     modification of such outreach plan, such outreach program, 
     and such demonstration program.

     ``Sec. 2023. Demonstration program of referral and counseling 
       for veterans transitioning from certain institutions who 
       are at risk for homelessness

       ``(a) Program Authority.--The Secretary and the Secretary 
     of Labor (hereinafter in this section referred to as the 
     `Secretaries') shall carry out a demonstration program for 
     the purpose of determining the costs and benefits of 
     providing referral and counseling services to eligible 
     veterans with respect to benefits and services available to 
     such veterans under this title and under State law.
       ``(b) Location of Demonstration Program.--The demonstration 
     program shall be carried out in at least six locations. One 
     location shall be a penal institution under the jurisdiction 
     of the Bureau of Prisons.
       ``(c) Scope of Program.--(1) To the extent practicable, the 
     demonstration program shall provide both referral and 
     counseling services, and in the case of counseling services, 
     shall include counseling with respect to job training and 
     placement (including job readiness), housing, health care, 
     and other benefits to assist the eligible veteran in the 
     transition from institutional living.
       ``(2)(A) To the extent that referral or counseling services 
     are provided at a location under the program, referral 
     services shall be provided in person during such period of 
     time that the Secretaries may specify that precedes the date 
     of release or discharge of the eligible veteran, and 
     counseling services shall be furnished after such date.
       ``(B) The Secretaries may, as part of the program, furnish 
     to officials of penal institutions outreach information with 
     respect to referral and counseling services for presentation 
     to veterans in the custody of such officials during the 18-
     month period that precedes such date of release or discharge.
       ``(3) The Secretaries may enter into contracts to carry out 
     the referral and counseling services required under the 
     program with entities or organizations that meet such 
     requirements as the Secretaries may establish.
       ``(4) In developing the program, the Secretaries shall 
     consult with officials of the Bureau of Prisons, officials of 
     penal institutions of States and political subdivisions of 
     States, and such other officials as the Secretaries determine 
     appropriate.
       ``(d) Duration.--The authority of the Secretaries to 
     provide referral and counseling services under the 
     demonstration program shall cease on the date that is four 
     years after the date of the commencement of the program.
       ``(e) Definition.--In this section, the term `eligible 
     veteran' means a veteran who--
       ``(1) is a resident of a penal institution or an 
     institution that provides long-term care for mental illness; 
     and
       ``(2) is at risk for homelessness absent referral and 
     counseling services provided under the demonstration program 
     (as determined under guidelines established by the 
     Secretaries).

                   ``SUBCHAPTER V--HOUSING ASSISTANCE

     ``Sec. 2042. Supported housing for veterans participating in 
       compensated work therapies

       ``The Secretary may authorize homeless veterans in the 
     compensated work therapy program to be provided housing 
     through the therapeutic residence program under section 2032 
     of this title or through grant and per diem providers under 
     subchapter II of this chapter.

     ``Sec. 2043. Domiciliary care programs

       ``(a) Authority.--The Secretary may establish up to 10 
     programs under section 1710(b) of this title (in addition to 
     any program that is established as of the date of the 
     enactment of this section) to provide domiciliary services 
     under such section to homeless veterans.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary $5,000,000 for 
     each of fiscal years 2003 and 2004 to establish the programs 
     referred to in subsection (a).

                   ``SUBCHAPTER VII--OTHER PROVISIONS

     ``Sec. 2061. Grant program for homeless veterans with special 
       needs

       ``(a) Establishment.--The Secretary shall carry out a 
     program to make grants to health care facilities of the 
     Department and to grant and per diem providers in order to 
     encourage development by those facilities and providers of 
     programs for homeless veterans with special needs.
       ``(b) Homeless Veterans With Special Needs.--For purposes 
     of this section, homeless veterans with special needs include 
     homeless veterans who are--
       ``(1) women, including women who have care of minor 
     dependents;
       ``(2) frail elderly;
       ``(3) terminally ill; or
       ``(4) chronically mentally ill.
       ``(c) Funding.--(1) From amounts appropriated to the 
     Department for `Medical Care' for each of fiscal years 2003, 
     2004, and 2005, $5,000,000 shall be available for each such 
     fiscal year for the purposes of the program under this 
     section.
       ``(2) The Secretary shall ensure that funds for grants 
     under this section are designated for the first three years 
     of operation of the program under this section as a special 
     purpose program for which funds are not allocated through the 
     Veterans Equitable Resource Allocation system.

     ``Sec. 2062. Dental care

       ``(a) In General.--For purposes of section 1712(a)(1)(H) of 
     this title, outpatient dental services and treatment of a 
     dental condition or disability of a veteran described in 
     subsection (b) shall be considered to be medically necessary, 
     subject to subsection (c), if--
       ``(1) the dental services and treatment are necessary for 
     the veteran to successfully gain or regain employment;
       ``(2) the dental services and treatment are necessary to 
     alleviate pain; or
       ``(3) the dental services and treatment are necessary for 
     treatment of moderate, severe, or severe and complicated 
     gingival and periodontal pathology.
       ``(b) Eligible Veterans.--Subsection (a) applies to a 
     veteran--
       ``(1) who is enrolled for care under section 1705(a) of 
     this title; and
       ``(2) who, for a period of 60 consecutive days, is 
     receiving care (directly or by contract) in any of the 
     following settings:

       ``(A) A domiciliary under section 1710 of this title.
       ``(B) A therapeutic residence under section 2032 of this 
     title.
       ``(C) Community residential care coordinated by the 
     Secretary under section 1730 of this title.
       ``(D) A setting for which the Secretary provides funds for 
     a grant and per diem provider.
       ``(3) For purposes of paragraph (2), in determining whether 
     a veteran has received treatment for a period of 60 
     consecutive days, the Secretary may disregard breaks in the 
     continuity of treatment for which the veteran is not 
     responsible.
       ``(c) Limitation.--Dental benefits provided by reason of 
     this section shall be a one-time course of dental care 
     provided in the same manner as the dental benefits provided 
     to a newly discharged veteran.

     ``Sec. 2063. Employment assistance

       ``The Secretary may authorize homeless veterans receiving 
     care through vocational rehabilitation programs to 
     participate in the compensated work therapy program under 
     section 1718 of this title.

     ``Sec. 2064. Technical assistance grants for nonprofit 
       community-based groups

       ``(a) Grant Program.--The Secretary shall carry out a 
     program to make grants to entities or organizations with 
     expertise in preparing grant applications. Under the program, 
     the entities or organizations receiving grants shall provide 
     technical assistance to nonprofit community-based groups with 
     experience in providing assistance to homeless veterans in 
     order to assist such groups in applying for grants under this 
     chapter and other grants relating to addressing problems of 
     homeless veterans.
       ``(b) Funding.--There is authorized to be appropriated 
     $750,000 for each of fiscal years 2002 through 2005 to carry 
     out the program under this section.

     ``Sec. 2065. Annual report on assistance to homeless veterans

       ``(a) Annual Report.--Not later than April 15 of each year, 
     the Secretary shall submit to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     on the activities of the Department during the calendar year 
     preceding the report under programs of the Department under 
     this chapter and other programs of the Department for the 
     provision of assistance to homeless veterans.
       ``(b) General Contents of Report.--Each report under 
     subsection (a) shall include the following:
       ``(1) The number of homeless veterans provided assistance 
     under the programs referred to in subsection (a).
       ``(2) The cost to the Department of providing such 
     assistance under those programs.

[[Page S12575]]

       ``(3) The Secretary's evaluation of the effectiveness of 
     the programs of the Department in providing assistance to 
     homeless veterans, including--
       ``(A) residential work-therapy programs;
       ``(B) programs combining outreach, community-based 
     residential treatment, and case-management; and
       ``(C) contract care programs for alcohol and drug-
     dependence or use disabilities).
       ``(4) The Secretary's evaluation of the effectiveness of 
     programs established by recipients of grants under section 
     2011 of this title and a description of the experience of 
     those recipients in applying for and receiving grants from 
     the Secretary of Housing and Urban Development to serve 
     primarily homeless persons who are veterans.
       ``(5) Any other information on those programs and on the 
     provision of such assistance that the Secretary considers 
     appropriate.
       ``(c) Health Care Contents of Report.--Each report under 
     subsection (a) shall include, with respect to programs of the 
     Department addressing health care needs of homeless veterans, 
     the following:
       ``(1) Information about expenditures, costs, and workload 
     under the program of the Department known as the Health Care 
     for Homeless Veterans program (HCHV).
       ``(2) Information about the veterans contacted through that 
     program.
       ``(3) Information about program treatment outcomes under 
     that program.
       ``(4) Information about supported housing programs.
       ``(5) Information about the Department's grant and per diem 
     provider program under subchapter II of this chapter.
       ``(6) The findings and conclusions of the assessments of 
     the medical needs of homeless veterans conducted under 
     section 2034(b) of this title.
       ``(7) Other information the Secretary considers relevant in 
     assessing those programs.
       ``(d) Benefits Content of Report.--Each report under 
     subsection (a) shall include, with respect to programs and 
     activities of the Veterans Benefits Administration in 
     processing of claims for benefits of homeless veterans during 
     the preceding year, the following:
       ``(1) Information on costs, expenditures, and workload of 
     Veterans Benefits Administration claims evaluators in 
     processing claims for benefits of homeless veterans.
       ``(2) Information on the filing of claims for benefits by 
     homeless veterans.
       ``(3) Information on efforts undertaken to expedite the 
     processing of claims for benefits of homeless veterans.
       ``(4) Other information that the Secretary considers 
     relevant in assessing the programs and activities.

     ``Sec. 2066. Advisory Committee on Homeless Veterans

       ``(a) Establishment.--(1) There is established in the 
     Department the Advisory Committee on Homeless Veterans 
     (hereinafter in this section referred to as the `Committee').
       ``(2) The Committee shall consist of not more than 15 
     members appointed by the Secretary from among the following:
       ``(A) Veterans service organizations.
       ``(B) Advocates of homeless veterans and other homeless 
     individuals.
       ``(C) Community-based providers of services to homeless 
     individuals.
       ``(D) Previously homeless veterans.
       ``(E) State veterans affairs officials.
       ``(F) Experts in the treatment of individuals with mental 
     illness.
       ``(G) Experts in the treatment of substance use disorders.
       ``(H) Experts in the development of permanent housing 
     alternatives for lower income populations.
       ``(I) Experts in vocational rehabilitation.
       ``(J) Such other organizations or groups as the Secretary 
     considers appropriate.
       ``(3) The Committee shall include, as ex officio members, 
     the following:
       ``(A) The Secretary of Labor (or a representative of the 
     Secretary selected after consultation with the Assistant 
     Secretary of Labor for Veterans' Employment).
       ``(B) The Secretary of Defense (or a representative of the 
     Secretary).
       ``(C) The Secretary of Health and Human Services (or a 
     representative of the Secretary).
       ``(D) The Secretary of Housing and Urban Development (or a 
     representative of the Secretary).
       ``(4)(A) The Secretary shall determine the terms of service 
     and allowances of the members of the Committee, except that a 
     term of service may not exceed three years. The Secretary may 
     reappoint any member for additional terms of service.
       ``(B) Members of the Committee shall serve without pay. 
     Members may receive travel expenses, including per diem in 
     lieu of subsistence for travel in connection with their 
     duties as members of the Committee.
       ``(b) Duties.--(1) The Secretary shall consult with and 
     seek the advice of the Committee on a regular basis with 
     respect to the provision by the Department of benefits and 
     services to homeless veterans.
       ``(2) In providing advice to the Secretary under this 
     subsection, the Committee shall--
       ``(A) assemble and review information relating to the needs 
     of homeless veterans;
       ``(B) provide an on-going assessment of the effectiveness 
     of the policies, organizational structures, and services of 
     the Department in assisting homeless veterans; and
       ``(C) provide on-going advice on the most appropriate means 
     of providing assistance to homeless veterans.
       ``(3) The Committee shall--
       ``(A) review the continuum of services provided by the 
     Department directly or by contract in order to define cross-
     cutting issues and to improve coordination of all services 
     with the Department that are involved in addressing the 
     special needs of homeless veterans;
       ``(B) identify (through the annual assessments under 
     section 2034 of this title and other available resources) 
     gaps in programs of the Department in serving homeless 
     veterans, including identification of geographic areas with 
     unmet needs, and provide recommendations to address those 
     gaps;
       ``(C) identify gaps in existing information systems on 
     homeless veterans, both within and outside the Department, 
     and provide recommendations about redressing problems in data 
     collection;
       ``(D) identify barriers under existing laws and policies to 
     effective coordination by the Department with other Federal 
     agencies and with State and local agencies addressing 
     homeless populations;
       ``(E) identify opportunities for increased liaison by the 
     Department with nongovernmental organizations and individual 
     groups providing services to homeless populations;
       ``(F) with appropriate officials of the Department 
     designated by the Secretary, participate with the Interagency 
     Council on the Homeless under title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11311 et seq.);
       ``(G) recommend appropriate funding levels for specialized 
     programs for homeless veterans provided or funded by the 
     Department;
       ``(H) recommend appropriate placement options for veterans 
     who, because of advanced age, frailty, or severe mental 
     illness, may not be appropriate candidates for vocational 
     rehabilitation or independent living; and
       ``(I) perform such other functions as the Secretary may 
     direct.
       ``(c) Reports.--(1) Not later than March 31 of each year, 
     the Committee shall submit to the Secretary a report on the 
     programs and activities of the Department that relate to 
     homeless veterans. Each such report shall include--
       ``(A) an assessment of the needs of homeless veterans;
       ``(B) a review of the programs and activities of the 
     Department designed to meet such needs;
       ``(C) a review of the activities of the Committee; and
       ``(D) such recommendations (including recommendations for 
     administrative and legislative action) as the Committee 
     considers appropriate.
       ``(2) Not later than 90 days after the receipt of a report 
     under paragraph (1), the Secretary shall transmit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a copy of the report, together with any 
     comments and recommendations concerning the report that the 
     Secretary considers appropriate.
       ``(3) The Committee may also submit to the Secretary such 
     other reports and recommendations as the Committee considers 
     appropriate.
       ``(4) The Secretary shall submit with each annual report 
     submitted to the Congress pursuant to section 529 of this 
     title a summary of all reports and recommendations of the 
     Committee submitted to the Secretary since the previous 
     annual report of the Secretary submitted pursuant to that 
     section.
       ``(d) Termination.--The Committee shall cease to exist 
     December 31, 2006.''.
       (2) The tables of chapters before part I and at the 
     beginning of part II are each amended by inserting after the 
     item relating to chapter 19 the following new item:

``20. Benefits for Homeless Veterans........................2001''.....

       (b) Health Care.--(1) Subchapter VII of chapter 17 is 
     transferred to chapter 20 (as added by subsection (a)), 
     inserted after section 2023 (as so added), and redesignated 
     as subchapter IV, and sections 1771, 1772, 1773, and 1774 
     therein are redesignated as sections 2031, 2032, 2033, and 
     2034, respectively.
       (2) Subsection (a)(3) of section 2031, as so transferred 
     and redesignated, is amended by striking ``section 1772 of 
     this title'' and inserting ``section 2032 of this title''.
       (c) Housing Assistance.--Section 3735 is transferred to 
     chapter 20 (as added by subsection (a)), inserted after the 
     heading for subchapter V, and redesignated as section 2041.
       (d) Multifamily Transitional Housing.--(1) Subchapter VI of 
     chapter 37 (other than section 3771) is transferred to 
     chapter 20 (as added by subsection (a)) and inserted after 
     section 2043 (as so added), and sections 3772, 3773, 3774, 
     and 3775 therein are redesignated as sections 2051, 2052, 
     2053, and 2054, respectively.
       (2) Such subchapter is amended--
       (A) in the heading, by striking ``FOR HOMELESS VETERANS'';
       (B) in subsection (d)(1) of section 2051, as so transferred 
     and redesignated, by striking ``section 3773 of this title'' 
     and inserting ``section 2052 of this title''; and
       (C) in subsection (a) of section 2052, as so transferred 
     and redesignated, by striking ``section 3772 of this title'' 
     and inserting ``section 2051 of this title''.
       (3) Section 3771 is repealed.
       (e) Repeal of Codified Provisions.--The following 
     provisions of law are repealed:
       (1) Sections 3, 4, and 12 of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992 (Public Law 102-
     590; 38 U.S.C. 7721 note).
       (2) Section 1001 of the Veterans' Benefits Improvements Act 
     of 1994 (Public Law 103-446; 38 U.S.C. 7721 note).

[[Page S12576]]

       (3) Section 4111.
       (4) Section 738 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11448).
       (f) Extension of Expiring Authorities.--Subsection (b) of 
     section 2031, as redesignated by subsection (b)(1), and 
     subsection (d) of section 2033, as so redesignated, are 
     amended by striking ``December 31, 2001'' and inserting 
     ``December 31, 2006''.
       (g) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 17 is amended by striking the item 
     relating to subchapter VII and the items relating to sections 
     1771, 1772, 1773, and 1774.
       (2) The table of sections at the beginning of chapter 37 is 
     amended--
       (A) by striking the item relating to section 3735; and
       (B) by striking the item relating to subchapter VI and the 
     items relating to sections 3771, 3772, 3773, 3774, and 3775.
       (3) The table of sections at the beginning of chapter 41 is 
     amended by striking the item relating to section 4111.

     SEC. 6. EVALUATION CENTERS FOR HOMELESS VETERANS PROGRAMS.

       (a) Evaluation Centers.--The Secretary of Veterans Affairs 
     shall support the continuation within the Department of 
     Veterans Affairs of at least one center for evaluation to 
     monitor the structure, process, and outcome of programs of 
     the Department of Veterans Affairs that address homeless 
     veterans.
       (b) Annual Program Assessment.--Section 2034(b), as 
     transferred and redesignated by section 5(b)(1), is amended--
       (1) by inserting ``annual'' in paragraph (1) after ``to 
     make an''; and
       (2) by adding at the end the following new paragraph:
       ``(6) The Secretary shall review each annual assessment 
     under this subsection and shall consolidate the findings and 
     conclusions of each such assessment into the next annual 
     report submitted to Congress under section 2065 of this 
     title.''.

     SEC. 7. STUDY OF OUTCOME EFFECTIVENESS OF GRANT PROGRAM FOR 
                   HOMELESS VETERANS WITH SPECIAL NEEDS.

       (a) Study.--The Secretary of Veterans Affairs shall conduct 
     a study of the effectiveness during fiscal year 2002 through 
     fiscal year 2004 of the grant program under section 2061 of 
     title 38, United States Code, as added by section 5(a), in 
     meeting the needs of homeless veterans with special needs (as 
     specified in that section). As part of the study, the 
     Secretary shall compare the results of programs carried out 
     under that section, in terms of veterans' satisfaction, 
     health status, reduction in addiction severity, housing, and 
     encouragement of productive activity, with results for 
     similar veterans in programs of the Department or of grant 
     and per diem providers that are designed to meet the general 
     needs of homeless veterans.
       (b) Report.--Not later than March 31, 2005, the Secretary 
     shall submit to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives a report setting forth 
     the results of the study under subsection (a).

     SEC. 8. EXPANSION OF OTHER PROGRAMS.

       (a) Access to Mental Health Services.--Section 1706 is 
     amended by adding at the end the following new subsection:
       ``(c) The Secretary shall ensure that each primary care 
     health care facility of the Department develops and carries 
     out a plan to provide mental health services, either through 
     referral or direct provision of services, to veterans who 
     require such services.''.
       (b) Comprehensive Homeless Services Program.--Subsection 
     (b) of section 2033, as transferred and redesignated by 
     section 5(b)(1), is amended--
       (1) by striking ``not fewer'' in the first sentence and all 
     that follows through ``services) at''; and
       (2) by adding at the end the following new sentence: ``The 
     Secretary shall carry out the program under this section in 
     sites in at least each of the 20 largest metropolitan 
     statistical areas.''.
       (c) Access to Substance Use Disorder Services.--Section 
     1720A is amended by adding at the end the following new 
     subsection:
       ``(d)(1) The Secretary shall ensure that each medical 
     center of the Department develops and carries out a plan to 
     provide treatment for substance use disorders, either through 
     referral or direct provision of services, to veterans who 
     require such treatment.
       ``(2) Each plan under paragraph (1) shall make available 
     clinically proven substance abuse treatment methods, 
     including opioid substitution therapy, to veterans with 
     respect to whom a qualified medical professional has 
     determined such treatment methods to be appropriate.''.

     SEC. 9. COORDINATION OF EMPLOYMENT SERVICES.

       (a) Disabled Veterans' Outreach Program.--Section 4103A(c) 
     is amended by adding at the end the following new paragraph:
       ``(11) Coordination of employment services with training 
     assistance provided to veterans by entities receiving funds 
     under section 2021 of this title.''.
       (b) Local Veterans' Employment Representatives.--Section 
     4104(b) is amended--
       (1) by striking ``and'' at the end of paragraph (11);
       (2) by striking the period at the end of paragraph (12) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(13) coordinate employment services with training 
     assistance provided to veterans by entities receiving funds 
     under section 2021 of this title.''.

     SEC. 10. USE OF REAL PROPERTY.

       (a) Limitation on Declaring Property Excess to the Needs of 
     the Department.--Section 8122(d) is amended by inserting 
     before the period at the end the following: ``and is not 
     suitable for use for the provision of services to homeless 
     veterans by the Department or by another entity under an 
     enhanced-use lease of such property under section 8162 of 
     this title''.
       (b) Waiver of Competitive Selection Process for Enhanced-
     Use Leases for Properties Used To Serve Homeless Veterans.--
     Section 8162(b)(1) is amended--
       (1) by inserting ``(A)'' after ``(b)(1)''; and
       (2) by adding at the end the following:
       ``(B) In the case of a property that the Secretary 
     determines is appropriate for use as a facility to furnish 
     services to homeless veterans under chapter 20 of this title, 
     the Secretary may enter into an enhanced-use lease with a 
     provider of homeless services without regard to the selection 
     procedures required under subparagraph (A).''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall apply to leases entered into on or after the date of 
     the enactment of this Act.

     SEC. 11. MEETINGS OF INTERAGENCY COUNCIL ON HOMELESS.

       Section 202(c) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11312(c)) is amended to read as follows:
       ``(c) Meetings.--The Council shall meet at the call of its 
     Chairperson or a majority of its members, but not less often 
     than annually.''.

     SEC. 12. RENTAL ASSISTANCE VOUCHERS FOR HUD VETERANS AFFAIRS 
                   SUPPORTED HOUSING PROGRAM.

       Section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)) is amended by adding at the end the 
     following new paragraph:
       ``(19) Rental vouchers for veterans affairs supported 
     housing program.--
       ``(A) Set aside.--Subject to subparagraph (C), the 
     Secretary shall set aside, from amounts made available for 
     rental assistance under this subsection, the amounts 
     specified in subparagraph (B) for use only for providing such 
     assistance through a supported housing program administered 
     in conjunction with the Department of Veterans Affairs. Such 
     program shall provide rental assistance on behalf of homeless 
     veterans who have chronic mental illnesses or chronic 
     substance use disorders, shall require agreement of the 
     veteran to continued treatment for such mental illness or 
     substance use disorder as a condition of receipt of such 
     rental assistance, and shall ensure such treatment and 
     appropriate case management for each veteran receiving such 
     rental assistance.
       ``(B) Amount.--The amount specified in this subparagraph 
     is--
       ``(i) for fiscal year 2003, the amount necessary to provide 
     500 vouchers for rental assistance under this subsection;
       ``(ii) for fiscal year 2004, the amount necessary to 
     provide 1,000 vouchers for rental assistance under this 
     subsection;
       ``(iii) for fiscal year 2005, the amount necessary to 
     provide 1,500 vouchers for rental assistance under this 
     subsection; and
       ``(iv) for fiscal year 2006, the amount necessary to 
     provide 2,000 vouchers for rental assistance under this 
     subsection.
       ``(C) Funding through incremental assistance.--In any 
     fiscal year, to the extent that this paragraph requires the 
     Secretary to set aside rental assistance amounts for use 
     under this paragraph in an amount that exceeds the amount set 
     aside in the preceding fiscal year, such requirement shall be 
     effective only to such extent or in such amounts as are or 
     have been provided in appropriation Acts for such fiscal year 
     for incremental rental assistance under this subsection.''.
                                  ____

  SA 2309. Mr. THOMPSON submitted an amendment intended to be proposed 
by him to the bill H.R. 3338, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division A, add the following:
       Sec. 8135. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement Army'', 
     $4,892,000 shall be used for the Communicator Automated 
     Emergency Notification System of the Army National Guard.

                          ____________________