[Congressional Record (Bound Edition), Volume 147 (2001), Part 13]
[Senate]
[Pages 18171-18213]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 1726. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 589. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
                   ACCESSION TRAINING AND EDUCATION PROGRAMS.

       (a) Study.--The Secretary of Defense shall conduct a review 
     of the health and disability benefit programs available to 
     recruits and officer candidates engaged in training, 
     education, or other types of programs while not yet on active 
     duty and to cadets and midshipmen attending the service 
     academies. The review shall be conducted with the 
     participation of the Secretaries of the military departments.
       (b) Report.--Not later than March 1, 2002, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the findings of the review. The 
     report shall include the following with respect to persons 
     described in subsection (a):
       (1) A statement of the process and detailed procedures 
     followed by each of the Armed Forces under the jurisdiction 
     of the Secretary of a military department to provide health 
     care and disability benefits to all such persons injured in 
     training, education, or other types of programs conducted by 
     the Secretary of a military department.
       (2) Information on the number of total cases of such 
     persons requiring health care and disability benefits and the 
     total number of cases and average value of health care and 
     disability benefits provided under the authority for each 
     source of benefits available to those persons.
       (3) A discussion of the issues regarding health and 
     disability benefits for such persons that are encountered by 
     the Secretary during the review, to include discussions with 
     individuals who have received those benefits.
       (4) A discussion of the necessity for legislative changes 
     and specific legislative proposals needed to improve the 
     benefits provided those persons.
                                  ____

  SA 1727. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 652. REPEAL OF REDUCTION IN SBP ANNUITIES AT AGE 62.

       (a) Computation of Annuity for a Spouse, Former Spouse, or 
     Child.--Subsection (a) of section 1451 of title 10, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``shall be determined as 
     follows:'' and all that follows and inserting the following: 
     ``shall be the amount equal to 55 percent of the base 
     amount.''; and
       (2) in paragraph (2), by striking ``shall be determined as 
     follows:'' and all that follows and inserting the following: 
     ``shall be the amount equal to a percentage of the base 
     amount that is less than 55 percent and is determined under 
     subsection (f).''.
       (b) Annuities for Survivors of Certain Persons Dying During 
     a Period of Special Eligibility for SBP.--Subsection (c)(1) 
     of such section is amended by striking ``shall be determined 
     as follows:'' and all that follows and inserting the 
     following: ``shall be the amount equal to 55 percent of the 
     retired pay to which the member or former member would have 
     been entitled if the member or former member had been 
     entitled to that pay based upon his years of active service 
     when he died.''.
       (c) Repeal of Requirement for Reduction.--Such section is 
     further amended by striking subsection (d).
       (d) Repeal of Unnecessary Supplemental SBP.--(1) Subchapter 
     III of chapter 73 of title 10, United States Code, is 
     repealed.
       (2) The table of contents at the beginning of such chapter 
     is amended by striking the item relating to subchapter III.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month that begins after the date of the enactment of 
     this Act, and shall apply with respect to months beginning on 
     or after that date.
                                  ____

  SA 1728. Mrs. HUTCHISON (for herself and Mrs. Lincoln) submitted an 
amendment intended to be proposed by her to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. CLARA BARTON CENTER FOR DOMESTIC PREPAREDNESS, 
                   ARKANSAS.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities, $1,799,999 shall be available 
     for the Clara Barton Center for Domestic Preparedness.
                                  ____

  SA 1729. Mr. HUTCHINSON (for himself and Mrs. Lincoln) submitted an 
amendment intended to be proposed by her to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed insert the following:

     SEC. 306. CLARA BARTON CENTER FOR DOMESTIC PREPAREDNESS, 
                   ARKANSAS.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance

[[Page 18172]]

     for Defense-wide activities, $1,800,000 shall be available 
     for the Clara Barton center for Domestic Preparedness.
                                  ____

  SA 1730. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in the bill insert the following 
     sections:

     SECTION. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE, 
                   WISCONSIN.

        (a) Conveyance Required.--The Administrator of General 
     Services may convey, without consideration, to the City of 
     Kewaunee, Wisconsin (in this section referred to as the 
     `City'), all right, title, and interest of the United States 
     in and to a parcel of Federal real property, including 
     improvements thereon, that is located at 401 5th Street in 
     Kewaunee, Wisconsin, and contains an excess Army Reserve 
     Center. After such conveyance, the property may be used and 
     occupied only by the City, or by another local or State 
     government entity approved by the City.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Administrator. The cost of the survey shall be borne 
     by the City.
       (c) Reversionary Interest.--During the 20-year period 
     beginning on the date the Administrator makes the conveyance 
     under subsection (a), if the Administrator determines that 
     the conveyed property is not being used and occupied in 
     accordance with such subsection, all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States. Upon reversion, 
     the United States shall immediately proceed to a public sale 
     of the property.
       (d) Additional Terms and Conditions.--The property shall 
     not be used for commercial purposes.
       (2) The Administrator may require such additional terms and 
     conditions in connection with the conveyance under subsection 
     (a) as the Administrator considers appropriate to protect the 
     interests of the United States.

     SECTION. TREATMENT OF AMOUNTS RECEIVED.

       Any net proceeds received by the United States as payment 
     under subsection (c) of the previous section shall be 
     deposited into the Land and Water Conservation Fund.
                                  ____

  SA 1731. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 396, between lines 13 and 14, insert the following:

     SEC. 1217. INCREASED MILITARY-TO-MILITARY CONTACTS.

       (a) Findings.--Congress makes the following findings:
       (1) American foreign policy and the national military 
     strategy of the United States require that members of the 
     Armed Forces have extensive knowledge and expertise regarding 
     a variety of areas of the world.
       (2) Military operations are increasingly undertaken as 
     operations of international coalitions.
       (3) As an element of United States defense policy, and 
     fundamental to the United States' ability to protect the 
     national security, engagement between members of the United 
     States Armed Forces and members of the armed forces of other 
     nations is critical.
       (4) To sustain such engagement, it is likewise critical 
     that the United States cultivate and sustain in members of 
     the Armed Forces the foreign geographic, cultural, social, 
     and language skills that help to ensure the interoperability 
     of the United States Armed Forces with the armed forces of 
     American allies as well as to ensure more effective coalition 
     operations.
       (5) Through interactions with foreign military personnel, 
     United States military personnel become familiar with the 
     policies and capabilities of their counterparts and, 
     likewise, enhance the familiarity of their counterparts with 
     United States capabilities, policies, and principles so that 
     the United States Armed Forces are better able to operate 
     with coalition and other partner nations.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) to enhance international security partnerships and the 
     attainment of the security goals shared by the United States 
     and its allies, the Secretary of Defense should increase the 
     military-to-military contacts undertaken by the Armed Forces, 
     including contacts through the foreign area officer program, 
     language education programs, senior officer visits, 
     counterpart visits, ship port visits, bilateral and 
     multilateral consultations between and among military staffs, 
     joint military exercises with foreign armed forces, personnel 
     exchange programs, professional military education exchange 
     programs, unit exchange programs, formal military contacts 
     programs, and Partnership for Peace program activities; and
       (2) Congress urges the Secretary to do so.
       (c) Report.--Not later than March 1, 2002, the Secretary of 
     Defense shall submit to Congress a report containing a 
     discussion of the actions taken to improve and expand the 
     military-to-military contacts programs of the Armed Forces.
                                  ____

  SA 1732. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 46, strike line 21 and all that follows 
     through page 47, line 2, and insert the following:
       (c) Sense of Senate on Comprehensive National Energy 
     Security.--It is the sense of the Senate that the Senate 
     should take action on comprehensive legislation to revise the 
     Energy Policy Act of 1992, to include energy production and 
     energy conservation measures, not later than December 31, 
     2001.
                                  ____

  SA 1733. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriation for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 363, after line 25, insert the following:

     SEC. 1066. SENSE OF THE SENATE REGARDING THE INSPIRATIONAL 
                   HEROISM OF AIRLINE PASSENGERS ON SEPTEMBER 11, 
                   2001.

       It is the sense of the Senate that the heroic actions of 
     the passengers aboard United Airlines Flight 93 on September 
     11, 2001, should serve as an inspiration for all Americans.
                                  ____

  SA 1734. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 903 and insert the following:

     SEC. 903. SENSE OF SENATE ON COMPREHENSIVE NATIONAL ENERGY 
                   SECURITY.

       It is the sense of the Senate that the Senate should take 
     action on comprehensive national energy security legislation 
     not later than December 31, 2001.
                                  ____

  SA 1735. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 47, between lines 12 and 13, insert the following:
       (e) Sense of Senate on Availability of Energy-Related 
     Supplies for the Armed Forces.--It is the sense of the Senate 
     that the Senate should, before the adjournment of the first 
     session of the 107th Congress, take action on comprehensive 
     national energy security legislation, including energy 
     production and energy conservation measures, to ensure that 
     there is an adequate supply of energy for the Armed Forces.
                                  ____

  SA 1736. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year

[[Page 18173]]

for the Armed Forces, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 300, after line 23, insert the following:

     SEC. 908. UNDER SECRETARY OF DEFENSE FOR HOMELAND DEFENSE.

       (a) Establishment of Position.--Chapter 4 of title 10, 
     United States Code, is amended--
       (1) by redesignating section 137 as section 139a and by 
     transferring such section (as so redesignated) within such 
     chapter so as to appear after section 139; and
       (2) by inserting after section 136 the following new 
     section 137:

     ``Sec. 137. Under Secretary of Defense for Homeland Defense

       ``(a) There is an Under Secretary of Defense for Homeland 
     Defense.
       ``(b) Subject to the authority, direction, and control of 
     the Secretary of Defense, the Under Secretary of Defense for 
     Homeland Defense shall perform such duties and exercise such 
     powers relating to homeland defense as the Secretary of 
     Defense may prescribe. The duties and powers prescribed for 
     the Under Secretary shall include the overall supervision of 
     (including oversight of policy and resources) of defense of 
     the territory of the United States.
       ``(c) The Under Secretary is the principal civilian adviser 
     to the Secretary of Defense on matters relating to the 
     defense of the territory of the United States.''.
       (c) Executive Level III.--Section 5314 of title 5, United 
     States Code, is amended by inserting after ``Under Secretary 
     of Defense for Personnel and Readiness'' the following:
       ``Under Secretary of Defense for Homeland Defense.''
       (d) Conforming Amendments.--Section 131(b) of title 10, 
     United States Code, is amended--
       (1) by redesignating paragraphs (6) through (11) as 
     paragraphs (7) through (12), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraph (6):
       ``(6) Under Secretary of Defense for Homeland Defense.''.
       (d) Clerical Amendments.--The table of sections at the 
     beginning of chapter 4 of title 10, United States Code, is 
     amended--
       (1) by striking the item relating to section 137 and 
     inserting the following new item:

``137. Under Secretary of Defense for Homeland Defense.''; and
       (2) by inserting after the item relating to section 139 the 
     following new item:

       ``139a. Director of Defense Research and Engineering.''.
                                  ____

  SA 1737. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 903 and insert the following:

     SEC. 903. SENSE OF SENATE ON COMPREHENSIVE NATIONAL ENERGY 
                   SECURITY.

       It is the sense of the Senate that the Senate should take 
     action on comprehensive national energy security legislation, 
     including energy production and energy conservation measures, 
     not later than December 31, 2001.
                                  ____

  SA 1738. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 42, strike line 21 and all that follows 
     through page 47, line 2, and insert the following:
       (c) Sense of Senate on Comprehensive National Energy 
     Security.--It is the sense of the Senate that the Senate 
     should take action on comprehensive legislation to revise the 
     Energy Policy Act of 1992 not later than December 31, 2001.
                                  ____

  SA 1739. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 363, after line 25, add the following:

     SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF 
                   NATIONAL EMERGENCY.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(h) Waiver for a Route in State of Maine During Periods 
     of National Emergency.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the Secretary, in consultation with the 
     Secretary of Defense, may waive or limit the application of 
     any vehicle weight limit established under this section with 
     respect to the portion of Interstate Route 95 in the State of 
     Maine between Augusta and Bangor for the purpose of making 
     bulk shipments of jet fuel to the Air National Guard Base at 
     Bangor International Airport during a period of national 
     emergency in order to respond to the effects of the national 
     emergency.
       ``(2) Applicability.--Emergency limits established under 
     paragraph (1) shall preempt any inconsistent State vehicle 
     weight limits.''.
                                  ____

  SA 1740. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1124. AMENDMENTS TO THE DEFENSE DEPARTMENT OVERSEAS 
                   TEACHERS PAY AND PERSONNEL PRACTICES ACT.

       The Defense Department Overseas Teachers Pay and Personnel 
     Practices Act (20 U.S.C. 901 et seq.) is amended--
       (1) in section 4--
       (A) by striking paragraph (2) of subsection (a) and 
     inserting the following:
       ``(2) the fixing of basic compensation for teachers and 
     teaching positions at rates equal to the average of the range 
     of rates of basic compensation for similar positions of a 
     comparable level of duties and responsibilities in the 
     Washington, D.C. metropolitan area, which is defined as the--
       ``(A) District of Columbia public schools;
       ``(B) Arlington County, Virginia public schools;
       ``(C) Alexandria City, Virginia public schools;
       ``(D) Fairfax County, Virginia public schools;
       ``(E) Montgomery County, Maryland public schools; and
       ``(F) Prince George's County, Maryland public schools;''; 
     and
       (B) by adding at the end the following:
       ``(c) Academic Pay Lanes.--In the administration of basic 
     compensation for teachers and teaching positions, there shall 
     be a minimum of 7 academic pay lanes.
       ``(d) Phase-in of Increase in Teacher Compensation.--The 
     increase in the basic compensation for teachers and teaching 
     positions provided in the amendments made by section 1124 of 
     the National Defense Authorization Act for Fiscal Year 2002 
     for this section shall be phased in over a period of 4 years, 
     with teachers and teaching positions receiving a cumulative 
     increase of 25 percent of the total increase each year.''; 
     and
       (2) in section 5, by striking subsection (c) and inserting 
     the following:
       ``(c) Rates of Basic Compensation.--
       ``(1) In general.--The Secretary of Defense shall fix the 
     basic compensation for teachers and teaching positions in the 
     Department of Defense at rates equal to the average of the 
     range of rates of basic compensation for similar positions of 
     a comparable level of duties and responsibilities in the 
     Washington, D.C. metropolitan area, which is defined as the--
       ``(A) District of Columbia public schools;
       ``(B) Arlington County, Virginia public schools;
       ``(C) Alexandria City, Virginia public schools;
       ``(D) Fairfax County, Virginia public schools;
       ``(E) Montgomery County, Maryland public schools; and
       ``(F) Prince George's County, Maryland public schools.
       ``(2) Academic pay lanes.--In the administration of basic 
     compensation for teachers and teaching positions, there shall 
     be a minimum of 7 academic pay lanes.
       ``(3) Phase-in of increase in teacher compensation.--The 
     increase in the basic compensation for teachers and teaching 
     positions provided in the amendments made by section 1124 of 
     the National Defense Authorization Act for Fiscal Year 2002 
     for this section shall be phased in over a period of 4 years, 
     with teachers and teaching positions receiving a cumulative 
     increase of 25 percent of the total increase each year.''.
                                  ____

  SA 1741. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for

[[Page 18174]]

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

       On page 396, between lines 13 and 14, insert the following:

     SEC. 1217. RELEASE OF RESTRICTION ON USE OF CERTAIN VESSELS 
                   PREVIOUSLY AUTHORIZED TO BE SOLD.

       Section 3603(a) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2273) is amended by striking ``for full use as an 
     oiler''.
                                  ____

  SA 1742. Mrs. CARNAHAN submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 235, between lines 15 and 16, insert the following:

     SEC. 718. TRANSITIONAL HEALTH CARE TO MEMBERS SEPARATED FROM 
                   ACTIVE DUTY.

       (a) Permanent Authority for Involuntarily Separated Members 
     and Mobilized Reserves.--Subsection (a) of section 1145 of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraph (2), a 
     member'' and all that follows through ``of the member),'' and 
     inserting ``paragraph (3), a member of the armed forces who 
     is separated from active duty as described in paragraph 
     (2)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) This subsection applies to the following members of 
     the armed forces:
       ``(A) A member who is involuntarily separated from active 
     duty.
       ``(B) A member of a reserve component who is separated from 
     active duty to which called or ordered in support of a 
     contingency operation if the active duty is active duty for a 
     period of more than 30 days.
       ``(C) A member who is separated from active duty for which 
     the member is involuntarily retained under section 12305 of 
     this title in support of a contingency operation.
       ``(D) A member who is separated from active duty served 
     pursuant to a voluntary agreement of the member to remain on 
     active duty for a period of less than one year in support of 
     a contingency operation.''; and
       (4) in paragraph (3), as redesignated by paragraph (2), is 
     amended by striking ``involuntary'' each place it appears.
       (b) Conforming Amendments.--Such section 1145 is further 
     amended--
       (1) in subsection (c)(1), by striking ``during the period 
     beginning on October 1, 1990, and ending on December 31, 
     2001''; and
       (2) in subsection (e), by striking the first sentence.
       (c) Repeal of Superseded Authority.--(1) Section 1074b of 
     title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 55 of 
     such title is amended by striking the item relating to 
     section 1074b.
       (d) Transition Provision.--Notwithstanding the repeal of 
     section 1074b of title 10, United States Code, by subsection 
     (c), the provisions of that section, as in effect before the 
     date of the enactment of this Act, shall continue to apply to 
     a member of the Armed Forces who is released from active duty 
     in support of a contingency operation before that date.
                                  ____

  SA 1743. Mrs. CARNAHAN submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 235, between lines 15 and 16, insert the following:

     SEC. 718. TRANSITIONAL HEALTH CARE TO MEMBERS SEPARATED FROM 
                   ACTIVE DUTY.

       (a) Permanent Authority for Involuntarily Separated Members 
     and Mobilized Reserves.--Subsection (a) of section 1145 of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraph (2), a 
     member'' and all that follows through ``of the member),'' and 
     inserting ``paragraph (3), a member of the armed forces who 
     is separated from active duty as described in paragraph 
     (2)'';
       (2) by redesignating paragraph (2) as paragraph (4);
       (3) by inserting after paragraph (1) the following 
     paragraphs:
       ``(2) This subsection applies to the following members of 
     the armed forces:
       ``(A) A member who is involuntarily separated from active 
     duty.
       ``(B) A member of a reserve component who is separated from 
     active duty to which called or ordered in support of a 
     contingency operation if--
       ``(i) the active duty is active duty for a period of more 
     than 30 days; and
       ``(ii) the member is qualified under paragraph (3).
       ``(C) A member who is separated from active duty for which 
     the member is involuntarily retained under section 12305 of 
     this title in support of a contingency operation.
       ``(D) A member who is separated from active duty served 
     pursuant to a voluntary agreement of the member to remain on 
     active duty for a period of less than one year in support of 
     a contingency operation.
       ``(3) To qualify under paragraph (2)(B), a member--
       ``(i) shall be unemployed; or
       ``(ii) shall be employed and shall apply for coverage by a 
     health plan sponsored by the employer as soon as the member 
     is eligible to apply for the coverage.''; and
       (4) in paragraph (4), as redesignated by paragraph (2), is 
     amended by striking ``involuntary'' each place it appears.
       (b) Period of Coverage.--Paragraph (4) of such subsection, 
     as redesignated by subsection (a)(2), is amended--
       (1) in subparagraph (A), by striking ``60 days'' and 
     inserting ``90 days''; and
       (2) in subparagraph (B), by striking ``120 days'' and 
     inserting ``180 days''.
       (c) Conforming Amendments.--Such section 1145 is further 
     amended--
       (1) in subsection (c)(1), by striking ``during the period 
     beginning on October 1, 1990, and ending on December 31, 
     2001''; and
       (2) in subsection (e), by striking the first sentence.
       (d) Repeal of Superseded Authority.--(1) Section 1074b of 
     title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 55 of 
     such title is amended by striking the item relating to 
     section 1074b.
       (e) Transition Provision.--Notwithstanding the repeal of 
     section 1074b of title 10, United States Code, by subsection 
     (d), the provisions of that section, as in effect before the 
     date of the enactment of this Act, shall continue to apply to 
     a member of the Armed Forces who is released from active duty 
     in support of a contingency operation before that date.
                                  ____

  SA 1744. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 718. RESTORATION OF PREVIOUS POLICY ON RESTRICTIONS ON 
                   USE OF DEPARTMENT OF DEFENSE MEDICAL 
                   FACILITIES.

       (1) in subsection (a), by striking ``Restriction on Use of 
     Funds.--''; and
       (2) by striking subsection (b).
                                  ____

  SA 1745. Mr. KENNEDY (for himself, Ms. Collins, Mrs. Carnahan, Mrs. 
Feinstein, and Mr. Bingaman) submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 2905. ENHANCEMENT OF ENVIRONMENTAL REMEDIATION.

       Section 2905(b) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) is amended by adding at the end the 
     following new paragraph:
       ``(9)(A) In the case of an installation whose date of 
     approval of closure or realignment under this part is after 
     December 31, 2001, the Secretary of Defense shall commence 
     and undertake continuous remedial action of the hazardous 
     substances on all portions of the installation requiring 
     remedial action to be transferred to a non-Federal person or 
     entity under this part as expeditiously as practicable, but 
     not later than three years after the date on which the 
     Secretary receives notice under subparagraph (H)(iv), 
     (J)(ii), or (L)(iii) of paragraph (7) with respect to the use 
     of property at the installation for the homeless.

[[Page 18175]]

       ``(B) If after the transfer of property pursuant to this 
     part additional hazardous substances are discovered by any 
     person on such property that are attributable to actions 
     before the transfer of such property pursuant to this part, 
     the Secretary shall commence and undertake continuous 
     remedial action of the hazardous substances as expeditiously 
     as practicable, but not later than three years after the date 
     on which the Secretary receives notice of such hazardous 
     substances.
       ``(C)(i) The Secretary may waive the deadline in 
     subparagraph (A) or (B) in the case of a remedial action only 
     if the Secretary determines that it is technically 
     impracticable from an engineering perspective to commence the 
     remedial action within the deadline.
       ``(ii) The Secretary shall commence any remedial action 
     covered by clause (i) as soon as it is possible to commence 
     such remedial action.
       ``(D) The Secretary shall complete any remedial action 
     commenced under this paragraph as expeditiously as 
     practicable after commencement.
       ``(E) This paragraph shall not be construed to alter or 
     otherwise affect any environmental laws or the obligations of 
     the Secretary under those laws with respect to an 
     installation covered by this paragraph.''.
                                  ____

  SA 1746. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 217, strike line 18 and all that follows 
     through page 226, line 17, and insert the following:

               Subtitle A--TRICARE Benefits Modernization

     SEC. 701. REQUIREMENT FOR INTEGRATION OF BENEFITS.

       (a) In General.--The Secretary of Defense shall--
       (1) terminate the Individual Case Management Program 
     carried out under section 1079(a)(17) of title 10, United 
     States Code (as in effect on September 30, 2001); and
       (2) integrate the beneficiaries under that program, and the 
     furnishing of care to those beneficiaries, into the TRICARE 
     program as modified pursuant to the amendments made by this 
     subtitle.
       (b) Repeal of Separate Authority.--Section 1079 of title 
     10, United States Code, is amended by striking paragraph 
     (17).
       (c) Savings Provision.--Nothing in this subtitle or the 
     amendments made by this subtitle shall be construed--
       (1) to modify any eligibility requirement for any person 
     receiving benefits under the Individual Case Management 
     Program before October 1, 2001; or
       (2) to terminate any benefits available under that program 
     before that date.
       (d) Consultation Requirement.--The Secretary of Defense 
     shall consult with the other administering Secretaries 
     referred to in section 1072(3) of title 10, United States 
     Code, in carrying out this section.

     SEC. 702. DOMICILIARY AND CUSTODIAL CARE.

       (a) Authority.--Section 1077 of title 10, United States 
     Code, is amended--
       (1) in subsection (b)(1), by inserting before the period 
     end the following: ``, except as provided in subsection 
     (e)''; and
       (2) by adding at the end the following new subsection:
       ``(e) The prohibition in subsection (b)(1) does not apply 
     to domiciliary care or custodial care that is provided to a 
     patient by a physician, nurse, paramedic, or other health 
     care provider incident to other health care authorized under 
     subsection (a), whether or not--
       ``(1) the potential for the patient's condition of illness, 
     injury, or bodily malfunction to improve might be nonexistent 
     or minimal; or
       ``(2) the care is provided for the purposes of maintaining 
     function and preventing deterioration.''.
       (b) Domiciliary and Custodial Care Defined.--Section 1072 
     of such title is amended by adding at the end the following 
     new paragraphs:
       ``(8) The term `domiciliary care' means treatment or 
     services involving assistance with the performance of 
     activities of daily living that is provided to a patient in a 
     home-like setting because--
       ``(A) the treatment or services are not available, or are 
     not suitable to be provided, to the patient in the patient's 
     home; or
       ``(B) no member of the patient's family is willing to 
     provide the treatment or services.
       ``(9) The term `custodial care'--
       ``(A) means treatment or services that--
       ``(i) could be provided safely and reasonably by a person 
     not trained as a physician, nurse, paramedic, or other health 
     care provider; or
       ``(ii) are provided principally to assist the recipient of 
     the treatment or services with the performance of activities 
     of daily living; and
       ``(B) includes any treatment or service described in 
     subparagraph (A) without regard to--
       ``(i) the source of any recommendation to provide the 
     treatment or service; and
       ``(ii) the setting in which the treatment or service is 
     provided.''.

     SEC. 703. LONG TERM CARE.

       (a) Limitation.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1074i the 
     following new section:

     ``Sec. 1074j. Long term care benefits program

       ``(a) Requirement for Program.--The Secretary of Defense 
     shall provide long term health care benefits under the 
     TRICARE program in an effective and efficient manner that 
     integrates those benefits with the benefits provided on a 
     less than a long term basis under the TRICARE program.
       ``(b) Authorized Care.--The types of health care authorized 
     to be provided under this section shall include the 
     following:
       ``(1) The types of health care authorized to be acquired by 
     contract under section 1079 of this title.
       ``(2) Extended care services.
       ``(3) Post-hospital extended care services.
       ``(4) Comprehensive intermittent home health services.
       ``(5) Subject to subsection (d), community based services, 
     as follows:.
       ``(A) Nursing services provided by or under the supervision 
     of a nurse.
       ``(B) Therapy services.
       ``(C) Medical equipment and supplies.
       ``(D) In the case of a patient with concurrent skilled care 
     needs, the following:
       ``(i) Home health aide services.
       ``(ii) Performance of chores.
       ``(iii) Adult day care services.
       ``(iv) Respite care.
       ``(v) Any other medical or social service that contributes 
     to the health and well-being of the patient and the ability 
     of the patient to reside in a community based care setting 
     instead of an institution.
       ``(c) Duration of Post-Hospital Extended Care Services.--
     The post-hospital extended care services provided in a 
     skilled nursing facility to a patient during a spell of 
     illness under subsection (b)(3) shall continue for as long as 
     is medically necessary and appropriate. The limitation on the 
     number of days of coverage under subsections (a)(2) and 
     (b)(2)(A) of section 1812 of the Social Security Act (42 
     U.S.C. 1395d) shall not apply with respect to the care 
     provided that patient.
       ``(d) Community Based Services.--(1) To qualify for 
     community based services under this section, a patient shall 
     require a level of care that--
       ``(A) is available to the patient in a nursing facility or 
     hospital; and
       ``(B) if such level of care were provided to the patient in 
     such a nursing facility or hospital, would be paid for (in 
     whole or in part) under this chapter at a cost to the United 
     States that is equal to or greater than the cost that would 
     be incurred by the United States to provide the community 
     based services to the patient under this section.
       ``(2) Community based services may only be provided to a 
     patient under this section in accordance with a plan of care 
     established by the patient's physician.
       ``(e) Regulations.--The Secretary of Defense shall, after 
     consultation with the other administering Secretaries, 
     prescribe regulations to carry out this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `extended care services' has the meaning 
     given the term in subsection (h) of section 1861 of the 
     Social Security Act (42 U.S.C. 1395x).
       ``(2) The term `post-hospital extended services' has the 
     meaning given the term in subsection (i) of section 1861 of 
     the Social Security Act (42 U.S.C. 1395x).
       ``(3) The term `home health services' has the meaning given 
     the term in subsection (m) of section 1861 of the Social 
     Security Act (42 U.S.C. 1395x).
       ``(4) The term `skilled nursing facility' has the meaning 
     given the term in section 1819(a) of the Social Security Act 
     (42 U.S.C. 1395i-3(a)).
       ``(5) The term `spell of illness' has the meaning given the 
     term in subsection (a) of section 1861 of the Social Security 
     Act (42 U.S.C. 1395x).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1074i the following new item:

``1074j. Long term care benefits program.''.

     SEC. 704. EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.

       Section 1079 of title 10, United States Code, is amended by 
     striking subsections (d), (e), and (f) and inserting the 
     following:
       ``(d)(1) The health care benefits contracted for under this 
     section shall include extended benefits for dependents 
     referred to in the first sentence of subsection (a) who have 
     any of the following qualifying conditions:
       ``(A) Moderate or severe mental retardation.
       ``(B) A serious physical disability.
       ``(C) Any extraordinary physical or psychological 
     condition.
       ``(2) The extended benefits under paragraph (1) may include 
     comprehensive health care and case management services, to 
     the extent not otherwise provided under this chapter with 
     respect to a qualifying condition, as follows:
       ``(A) Diagnosis.
       ``(B) Inpatient, outpatient, and comprehensive home health 
     supplies and services.

[[Page 18176]]

       ``(C) Training and rehabilitation, including special 
     education and assistive technology devices.
       ``(D) Institutional care in private nonprofit, public, and 
     State institutions and facilities and, when appropriate, 
     transportation to and from such institutions and facilities.
       ``(E) Any other services and supplies determined 
     appropriate under regulations prescribed under paragraph (9).
       ``(3) The extended benefits under paragraph (1) may also 
     include respite care for the primary caregiver of a dependent 
     eligible for extended benefits under this subsection.
       ``(4) Home health supplies and services may be provided to 
     a dependent under paragraph (2)(B) as other than part-time or 
     intermittent services (as determined in accordance with the 
     second sentence of section 1861(m) of the Social Security Act 
     (42 U.S.C. 1395x(m)) only if--
       ``(A) the provision of such supplies and services in the 
     home of the dependent is medically appropriate; and
       ``(B) the cost of the provision of such supplies and 
     services to the dependent is equal to or less than the cost 
     of the provision of similar supplies and services to the 
     dependent in a skilled nursing facility.
       ``(5) Subsection (a)(13) shall not apply to the provision 
     of care and services determined appropriate to be provided as 
     extended benefits under this subsection.
       ``(6) Subject to paragraph (7), a member of the uniformed 
     services shall pay a share of the cost of any care and 
     services provided as extended benefits to any of the 
     dependents of the member under this subsection as follows:
       ``(A) In the case of a member in the lowest enlisted pay 
     grade, the first $25 of the cumulative costs of all care 
     furnished to one or more dependents of the member in a month.
       ``(B) In the case of a member in the highest commissioned 
     pay grade, the first $250 of the cumulative costs of all care 
     furnished to one or more dependents of the member in a month.
       ``(C) In the case of a member in any other pay grade, a 
     fixed amount of the cumulative costs of all care furnished to 
     one or more dependents of the member in a month, as 
     prescribed for that pay grade in regulations prescribed under 
     paragraph (9).
       ``(7)(A) In the case of extended benefits provided under 
     subparagraph (C) or (D) of paragraph (2) to a dependent of a 
     member of the uniformed services--
       ``(i) the Government's share of the total cost of providing 
     such benefits in any month shall not exceed $2,500, except 
     for costs that a member is exempt from paying under 
     subparagraph (B); and
       ``(ii) the member shall pay (in addition to any amount 
     payable under paragraph (6)) the amount, if any, by which the 
     amount of such total cost for the month exceeds the 
     Government's maximum share under clause (i).
       ``(B) A member of the uniformed services who incurs 
     expenses under subparagraph (A) for a month for more than one 
     dependent shall not be required to pay for the month under 
     clause (ii) of that subparagraph an amount greater than the 
     amount the member would otherwise be required to pay under 
     that clause for the month if the member were incurring 
     expenses under that subparagraph for only one dependent.
       ``(8) To qualify for extended benefits under subparagraph 
     (C) or (D) of paragraph (2), a dependent of a member of the 
     uniformed services shall be required to use public facilities 
     to the extent such facilities are available and adequate, as 
     determined under joint regulations of the administering 
     Secretaries.
       ``(9) The Secretary of Defense, in consultation with the 
     other administering Secretaries, shall prescribe regulations 
     to carry out this subsection.''.

     SEC. 705. CONFORMING REPEALS.

       The following provisions of law are repealed:
       (1) Section 703 of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10 
     U.S.C. 1077 note).
       (2) Section 8118 of the Department of Defense 
     Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1260).
       (3) Section 8100 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696).

     SEC. 706. SERVICES OR SUPPLIES DETERMINED NECESSARY.

       (a) Determinations of Necessity.--Subsection (a)(13) of 
     section 1079 of title 10, United States Code, is amended--
       (1) by inserting ``(A)'' after ``(13)'';
       (2) by designating the second sentence as subparagraph (C), 
     realigning that subparagraph flush to the left margin, and 
     striking ``this paragraph'' in the text of such subparagraph 
     (as so redesignated) and inserting ``subparagraph (A)''; and
       (3) by inserting after subparagraph (A), as designated by 
     subparagraph (A), the following new subparagraph:
       ``(B) For the purposes of subparagraph (A), the 
     determination that a service or supply is medically or 
     psychologically necessary to prevent, diagnose, or treat a 
     mental or physical illness, injury, or bodily malfunction of 
     a patient, or to prevent deterioration of a patient, when 
     made by the physician treating the patient, shall be 
     conclusive unless the physician's determination is clearly 
     erroneous, as determined by a higher authority or under the 
     CHAMPUS Peer Review Organization program.''.
       (b) Determinations Not Subject to Peer Review.--Subsection 
     (o)(1) of such section is amended by inserting ``(subject to 
     subsection (a)(13)(B))'' after ``determined''.

     SEC. 707. PROSTHETICS, ORTHOTICS, AND HEARING AIDS.

       Section 1077 of title 10 United States Code, as amended by 
     section 702, is further amended--
       (1) in subsection (a), by striking paragraph (15) and 
     inserting the following:
       ``(15) A prosthetic or orthotic device, together with 
     related items and services as provided in subsection (e).
       ``(16) A hearing aid, but only for a dependent of a member 
     of the uniformed services on active duty and only if the 
     dependent has a profound hearing loss, as determined under 
     standards prescribed in regulations by the Secretary of 
     Defense in consultation with the administering 
     Secretaries.'';
       (2) in subsection (b)(2), by striking ``Hearing aids, 
     orthopedic footwear,'' and inserting ``Orthopedic footwear''; 
     and
       (3) by adding at the end the following new subsection:
       ``(f)(1) Authority to provide a prosthetic or orthotic 
     device under subsection (a)(15) includes authority to provide 
     the following:
       ``(A) Any accessory or item of supply that is used in 
     conjunction with the device for the purpose of achieving 
     therapeutic benefit and proper functioning.
       ``(B) Services necessary to train the recipient of the 
     device in the use of the device.
       ``(C) Repair of the device for normal wear and tear or 
     damage.
       ``(D) Replacement of the device if the device is lost or 
     irreparably damaged or the cost of repair would exceed 60 
     percent of the cost of replacement.
       ``(E) Replacement of an orthotic device when appropriate to 
     accommodate the patient's growth or change of condition.
       ``(2) An augmentative communication device may be provided 
     as a voice prosthesis under subsection (a)(15).
       ``(3) A prosthetic or orthotic device customized for a 
     patient may be provided under this section only by a 
     prosthetic or orthotic practitioner, respectively, who is 
     qualified to customize the device, as determined under 
     regulations prescribed by the Secretary of Defense in 
     consultation with the administering Secretaries.''.

     SEC. 708. DURABLE MEDICAL EQUIPMENT.

       (a) Items Authorized.--Section 1077 of title 10, United 
     States Code, as amended by section 707, is further amended--
       (1) in subsection (a)(12), by striking ``such as 
     wheelchairs, iron lungs, and hospital beds,'' and inserting 
     ``which''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Items that may be provided to a patient under 
     subsection (a)(12) include the following:
       ``(A) Any durable medical equipment that can improve, 
     restore, or maintain the function of a malformed, diseased, 
     or injured body part, or can otherwise minimize or prevent 
     the deterioration of the patient's function or condition.
       ``(B) Any durable medical equipment that can maximize the 
     patient's function and mobility consistent with the patient's 
     physiological or medical needs.
       ``(C) Wheelchairs.
       ``(D) Iron lungs,
       ``(E) Hospital beds.
       ``(2) In addition to the authority to provide durable 
     medical equipment under subsection (a)(12), any customization 
     of equipment owned by the patient that is durable medical 
     equipment authorized to be provided to the patient under this 
     section or section 1079(a)(5) of this title, and any 
     accessory or item of supply for any such equipment, may be 
     provided to the patient if the customization, accessory, or 
     item of supply is essential for--
       ``(A) achieving therapeutic benefit for the patient;
       ``(B) making the equipment serviceable; or
       ``(C) otherwise assuring the proper functioning of the 
     equipment.
       ``(3) The eligibility of a patient to receive durable 
     medical equipment and related services under this section or 
     section 1079(a)(5) of this title may not be limited on the 
     basis that a primary purpose of the use of the equipment by 
     the patient is transportation, comfort, or convenience of the 
     patient.''.
       (b) Provision of Items on Rental Basis.--Paragraph (5) of 
     section 1079(a) of such title is amended to read as follows:
       ``(5) Durable equipment provided under this section shall 
     be provided on a rental basis.''.

     SEC. 709. REHABILITATIVE THERAPY.

       Section 1077(a) of title 10, United States Code, as amended 
     by section 707(1), is further amended by inserting after 
     paragraph (16) the following new paragraph:
       ``(17) Any rehabilitative therapy to improve, restore, or 
     maintain function, or to minimize or prevent deterioration of 
     function, of a patient when prescribed by a physician, 
     including the following therapies:
       ``(A) Physical or occupational therapy to maintain range of 
     motion in a paralyzed extremity of the patient, without 
     regard to whether a purpose for providing the therapy is to 
     restore a specific loss of function or is related to the 
     restoration of a specific loss of function.

[[Page 18177]]

       ``(B) Occupational therapy for an amputee or a patient with 
     an orthopedic impairment, including gait analysis.
       ``(C) Respiratory or recreation therapy that is included as 
     part of a treatment plan established for the patient by the 
     physician.''.

     SEC. 710. MENTAL HEALTH BENEFITS.

       Section 1079(i) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(4)(A) To receive outpatient mental health services under 
     a contract entered into under this section or section 1086 of 
     this title for periods in excess of a limitation on the 
     availability of outpatient mental health benefit for a year 
     under the contract, a person may convert any unused period of 
     inpatient mental health benefit available to the person for 
     that year under the contract to one or more additional 
     periods of availability of outpatient mental health benefit.
       ``(B) The total amount of inpatient mental health benefit 
     remaining available to a person for a year under a contract 
     referred to in subparagraph (A) shall be reduced to the 
     extent of any conversion of the benefit for the person for 
     the year under that subparagraph.
       ``(C) For the purposes of this paragraph, one day of 
     inpatient mental health benefit converts to eight hours of 
     outpatient mental health benefit.
       ``(5) Mental health services, including substance abuse 
     services, available to a patient under a contract entered 
     into under this section or section 1086 of this title shall 
     be furnished to the patient in the least restrictive 
     environment that is effective and appropriate for meeting the 
     treatment and rehabilitative needs of the patient.''.

     SEC. 710A. REPORT TO CONGRESS ON RELATIONSHIP AMONG FEDERAL 
                   LONG-TERM CARE INITIATIVES.

       Not later than April 1, 2002, the Secretary of Defense 
     shall submit to Congress a report on the relationship and 
     compatibility of the long term care insurance program under 
     chapter 90 of title 5, United States Code (as added by the 
     Federal Long-Term Care Security Act), and other initiatives 
     of the Federal Government to provide long term care benefits 
     for which members of the uniformed services and their 
     dependents are or would be eligible.

     SEC. 710B. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect on October 1, 2001.
                                  ____

  SA 1747. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 702, strike the first line under the section 
     heading and insert the following:
       (a) Authority.--Section 1077 of title 10, United States 
     Code, is amended--
       (1) in subsection (b)(1), by inserting before the period 
     end the following: ``, except as provided in subsection 
     (e)''; and
       (2) by adding at the end the following new subsection:
       ``(e) The prohibition in subsection (b)(1) does not apply 
     to domiciliary care or custodial care that is provided to a 
     patient by a physician, nurse, paramedic, or other health 
     care provider incident to other health care authorized under 
     subsection (a), whether or not--
       ``(1) the potential for the patient's condition of illness, 
     injury, or bodily malfunction to improve might be nonexistent 
     or minimal; or
       ``(2) the care is provided for the purposes of maintaining 
     function and preventing deterioration.''.
       (b) Domiciliary and Custodial Care Defined.--Section 1072 
     of such title is * * *
       In section 703, after `` `(4) Comprehensive intermittent 
     home health services.' '', insert the following:
       ``(5) Subject to subsection (d), community based services, 
     as follows:.
       ``(A) Nursing services provided by or under the supervision 
     of a nurse.
       ``(B) Therapy services.
       ``(C) Medical equipment and supplies.
       ``(D) In the case of a patient with concurrent skilled care 
     needs, the following:
       ``(i) Home health aide services.
       ``(ii) Performance of chores.
       ``(iii) Adult day care services.
       ``(iv) Respite care.
       ``(v) Any other medical or social service that contributes 
     to the health and well-being of the patient and the ability 
     of the patient to reside in a community based care setting 
     instead of an institution.
       In section 703, strike `` `(d) Regulations.--'' and all 
     that follows through `` `(e) Definitions.--'' and insert the 
     following:
       ``(d) Community Based Services.--(1) To qualify for 
     community based services under this section, a patient shall 
     require a level of care that--
       ``(A) is available to the patient in a nursing facility or 
     hospital; and
       ``(B) if such level of care were provided to the patient in 
     such a nursing facility or hospital, would be paid for (in 
     whole or in part) under this chapter at a cost to the United 
     States that is equal to or greater than the cost that would 
     be incurred by the United States to provide the community 
     based services to the patient under this section.
       ``(2) Community based services may only be provided to a 
     patient under this section in accordance with a plan of care 
     established by the patient's physician.
       ``(e) Regulations.--The Secretary of Defense shall, after 
     consultation with the other administering Secretaries, 
     prescribe regulations to carry out this section.
       ``(f) Definitions.--
       In section 706, strike the section heading and insert the 
     following:

     SEC. 706. SERVICES OR SUPPLIES DETERMINED NECESSARY.

       (a) Determinations of Necessity.--Subsection (a)(13) of 
     section 1079 of title 10, United States Code, is amended--
       (1) by inserting ``(A)'' after ``(13)'';
       (2) by designating the second sentence as subparagraph (C), 
     realigning that subparagraph flush to the left margin, and 
     striking ``this paragraph'' in the text of such subparagraph 
     (as so redesignated) and inserting ``subparagraph (A)''; and
       (3) by inserting after subparagraph (A), as designated by 
     subparagraph (A), the following new subparagraph:
       ``(B) For the purposes of subparagraph (A), the 
     determination that a service or supply is medically or 
     psychologically necessary to prevent, diagnose, or treat a 
     mental or physical illness, injury, or bodily malfunction of 
     a patient, or to prevent deterioration of a patient, when 
     made by the physician treating the patient, shall be 
     conclusive unless the physician's determination is clearly 
     erroneous, as determined by a higher authority or under the 
     CHAMPUS Peer Review Organization program.''.
       (b) Determinations Not Subject to Peer Review.--Subsection 
     (o)(1) of such section is amended by inserting ``(subject to 
     subsection (a)(13)(B))'' after ``determined''.

     SEC. 707. PROSTHETICS, ORTHOTICS, AND HEARING AIDS.

       Section 1077 of title 10 United States Code, as amended by 
     section 702, is further amended--
       (1) in subsection (a), by striking paragraph (15) and 
     inserting the following:
       ``(15) A prosthetic or orthotic device, together with 
     related items and services as provided in subsection (e).
       ``(16) A hearing aid, but only for a dependent of a member 
     of the uniformed services on active duty and only if the 
     dependent has a profound hearing loss, as determined under 
     standards prescribed in regulations by the Secretary of 
     Defense in consultation with the administering 
     Secretaries.'';
       (2) in subsection (b)(2), by striking ``Hearing aids, 
     orthopedic footwear,'' and inserting ``Orthopedic footwear''; 
     and
       (3) by adding at the end the following new subsection:
       ``(f)(1) Authority to provide a prosthetic or orthotic 
     device under subsection (a)(15) includes authority to provide 
     the following:
       ``(A) Any accessory or item of supply that is used in 
     conjunction with the device for the purpose of achieving 
     therapeutic benefit and proper functioning.
       ``(B) Services necessary to train the recipient of the 
     device in the use of the device.
       ``(C) Repair of the device for normal wear and tear or 
     damage.
       ``(D) Replacement of the device if the device is lost or 
     irreparably damaged or the cost of repair would exceed 60 
     percent of the cost of replacement.
       ``(E) Replacement of an orthotic device when appropriate to 
     accommodate the patient's growth or change of condition.
       ``(2) An augmentative communication device may be provided 
     as a voice prosthesis under subsection (a)(15).
       ``(3) A prosthetic or orthotic device customized for a 
     patient may be provided under this section only by a 
     prosthetic or orthotic practitioner, respectively, who is 
     qualified to customize the device, as determined under 
     regulations prescribed by the Secretary of Defense in 
     consultation with the administering Secretaries.''.

     SEC. 708. DURABLE MEDICAL EQUIPMENT.

       (a) Items Authorized.--Section 1077 of title 10, United 
     States Code, as amended by section 707, is further amended--
       (1) in subsection (a)(12), by striking ``such as 
     wheelchairs, iron lungs, and hospital beds,'' and inserting 
     ``which''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Items that may be provided to a patient under 
     subsection (a)(12) include the following:
       ``(A) Any durable medical equipment that can improve, 
     restore, or maintain the function of a malformed, diseased, 
     or injured body part, or can otherwise minimize or prevent 
     the deterioration of the patient's function or condition.
       ``(B) Any durable medical equipment that can maximize the 
     patient's function and mobility consistent with the patient's 
     physiological or medical needs.
       ``(C) Wheelchairs.
       ``(D) Iron lungs,

[[Page 18178]]

       ``(E) Hospital beds.
       ``(2) In addition to the authority to provide durable 
     medical equipment under subsection (a)(12), any customization 
     of equipment owned by the patient that is durable medical 
     equipment authorized to be provided to the patient under this 
     section or section 1079(a)(5) of this title, and any 
     accessory or item of supply for any such equipment, may be 
     provided to the patient if the customization, accessory, or 
     item of supply is essential for--
       ``(A) achieving therapeutic benefit for the patient;
       ``(B) making the equipment serviceable; or
       ``(C) otherwise assuring the proper functioning of the 
     equipment.
       ``(3) The eligibility of a patient to receive durable 
     medical equipment and related services under this section or 
     section 1079(a)(5) of this title may not be limited on the 
     basis that a primary purpose of the use of the equipment by 
     the patient is transportation, comfort, or convenience of the 
     patient.''.
       (b) Provision of Items on Rental Basis.--Paragraph (5) of 
     section 1079(a) of such title is amended to read as follows:
       ``(5) Durable equipment provided under this section shall 
     be provided on a rental basis.''.

     SEC. 709. REHABILITATIVE THERAPY.

       Section 1077(a) of title 10, United States Code, as amended 
     by section 707(1), is further amended by inserting after 
     paragraph (16) the following new paragraph:
       ``(17) Any rehabilitative therapy to improve, restore, or 
     maintain function, or to minimize or prevent deterioration of 
     function, of a patient when prescribed by a physician, 
     including the following therapies:
       ``(A) Physical or occupational therapy to maintain range of 
     motion in a paralyzed extremity of the patient, without 
     regard to whether a purpose for providing the therapy is to 
     restore a specific loss of function or is related to the 
     restoration of a specific loss of function.
       ``(B) Occupational therapy for an amputee or a patient with 
     an orthopedic impairment, including gait analysis.
       ``(C) Respiratory or recreation therapy that is included as 
     part of a treatment plan established for the patient by the 
     physician.''.

     SEC. 710. MENTAL HEALTH BENEFITS.

       Section 1079(i) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(4)(A) To receive outpatient mental health services under 
     a contract entered into under this section or section 1086 of 
     this title for periods in excess of a limitation on the 
     availability of outpatient mental health benefit for a year 
     under the contract, a person may convert any unused period of 
     inpatient mental health benefit available to the person for 
     that year under the contract to one or more additional 
     periods of availability of outpatient mental health benefit.
       ``(B) The total amount of inpatient mental health benefit 
     remaining available to a person for a year under a contract 
     referred to in subparagraph (A) shall be reduced to the 
     extent of any conversion of the benefit for the person for 
     the year under that subparagraph.
       ``(C) For the purposes of this paragraph, one day of 
     inpatient mental health benefit converts to eight hours of 
     outpatient mental health benefit.
       ``(5) Mental health services, including substance abuse 
     services, available to a patient under a contract entered 
     into under this section or section 1086 of this title shall 
     be furnished to the patient in the least restrictive 
     environment that is effective and appropriate for meeting the 
     treatment and rehabilitative needs of the patient.''.

     SEC. 710A. REPORT TO CONGRESS ON RELATIONSHIP AMONG FEDERAL 
                   LONG-TERM CARE INITIATIVES.

       Not later than April 1, 2002, the Secretary of Defense 
     shall submit to Congress a report on the relationship and 
     compatibility of the long term care insurance program under 
     chapter 90 of title 5, United States Code (as added by the 
     Federal Long-Term Care Security Act), and other initiatives 
     of the Federal Government to provide long term care benefits 
     for which members of the uniformed services and their 
     dependents are or would be eligible.

     SEC. 710B. EFFECTIVE DATE.
                                  ____


  SA 1748. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title VI, add the following:

             Subtitle F--National Emergency Family Support

     SEC. 681. CHILD CARE AND YOUTH ASSISTANCE.

       (a) In General.--The Secretary of Defense may provide 
     assistance for families of members of the Armed Forces 
     serving on active duty during the period of the national 
     emergency declared by the President on September 14, 2001, in 
     order to ensure that the children of such families obtain 
     needed child care and youth services. The assistance 
     authorized by this section should be directed primarily 
     toward providing needed family support, including child care 
     and youth services for children of such personnel who are 
     deployed, assigned, or ordered to active duty in connection 
     with operations of the Armed Forces under the national 
     emergency.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense for fiscal 
     year 2002, out of current and future balances in the Defense 
     Cooperation Account, such sums as are necessary to carry out 
     the provisions of this section.
       (c) Supplementation of Other Public Funds.--Funds referred 
     to in subsection (b) that are made available to carry out 
     this section may be used only to supplement, and not to 
     supplant, the amount of any other Federal, State, or local 
     government funds otherwise expended or authorized for the 
     support of family programs, including child care and youth 
     programs for members of the Armed Forces.

     SEC. 682. CHILD CARE FOR DEPENDENTS OF MOBILIZED RESERVES.

       (a) Authority.--(1) The Secretary of Defense is authorized 
     to enter into a cooperative agreement with a public, not-for-
     profit organization that provides child care resource and 
     referral services on a nationwide basis to carry out a 
     program of assistance for families of eligible members of 
     reserve components of the Armed Forces.
       (2) The program under a cooperative agreement entered into 
     under this section shall be similar to the program known as 
     AmeriCorps Cares that is established by the Corporation for 
     National Service under the National and Community Service Act 
     of 1990.
       (b) Eligible Members.--For the purposes of this section, an 
     eligible member is a member of reserve components of the 
     Armed Forces serving on active duty pursuant to a call or 
     order issued under a provision of law referred to in section 
     101(a)(13)(B) of title 10, United States Code.
       (c) Forms of Assistance.--Assistance under a cooperative 
     agreement entered into under this section shall include the 
     following:
       (1) Referral for child care services.
       (2) Financial assistance for the payment of costs of child 
     care.
       (d) Financial Assistance.--The Secretary of Defense shall 
     provide financial assistance for the payment of costs of 
     families for child care under any cooperative agreement 
     entered into under this section. The amounts of financial 
     assistance shall be consistent with subsidies paid for child 
     care under subchapter II of chapter 88 of title 10, United 
     States Code. The amount paid a family for child care may not 
     exceed the total subsidy amount that would be provided to the 
     family for attendance of children of the family at military 
     child development centers under section 1793 of such title.
       (e) Funding.--Amounts available for carrying out subchapter 
     II of chapter 88 of title 10, United States Code, shall be 
     available for paying the costs incurred by the Department of 
     Defense under a cooperative agreement entered into under this 
     section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense for fiscal 
     year 2002, out of current and future balances in the Defense 
     Cooperation Account, such sums as are necessary to carry out 
     the provisions of this section.

     SEC. 683. FAMILY EDUCATION AND SUPPORT SERVICES.

       (a) In General.--The Secretary of Defense may provide 
     assistance in accordance with this section to families of 
     members of the Armed Forces serving on active duty in order 
     to ensure that those families receive educational assistance 
     and family support services necessary to meet needs arising 
     out of the national emergency referred to in section 681(a).
       (b) Types of Assistance.--The assistance authorized by this 
     section may be provided to families directly or through the 
     awarding of grants, contracts, cooperative agreements, or 
     other forms of financial assistance to appropriate private or 
     public entities. The assistance may include grants for after-
     school programs that are carried out by the Boys & Girls 
     Clubs of America for children of members of reserve 
     components deployed, assigned, or ordered to active duty as 
     described in section 681(a).
       (c) Geographic Areas Assisted.--(1) Such assistance shall 
     be provided primarily in geographic areas--
       (A) in which a substantial number of members of the active 
     components of the Armed Forces of the United States are 
     permanently assigned and from which a significant number of 
     such members are being deployed or have been deployed; or
       (B) from which a significant number of members of the 
     reserve components of the Armed Forces ordered to, or 
     retained on, active duty pursuant to a provision of law 
     referred to in section 101(a)(13)(B) of title 10, United 
     States Code, are being deployed or have been deployed.
       (2) The Secretary of Defense shall determine which areas 
     meet the criteria set out in paragraph (1).
       (d) Educational Assistance.--Educational assistance 
     authorized by this section may be

[[Page 18179]]

     used for the furnishing of one or more of the following forms 
     of assistance:
       (1) Protection of children, child and youth care 
     facilities, and Department of Defense schools that are not on 
     military installations and might be targets of terrorist 
     activity.
       (2) Individual or group counseling for children and other 
     members of the families of members of the Armed Forces of the 
     United States who have been deployed or are casualties.
       (3) Training and technical assistance to better prepare 
     teachers and other school employees to address questions and 
     concerns of children of such members of the Armed Forces.
       (4) Other appropriate programs, services, and information 
     designed to address the special needs of children and other 
     members of the families of members of the Armed Forces 
     referred to in paragraph (2) resulting from the deployment, 
     the return from deployment, or the medical or rehabilitation 
     needs of such members.
       (e) Family Support Assistance.--Family support assistance 
     authorized by this section may be used for the following 
     purposes:
       (1) Protection against terrorist activity.
       (2) Family crisis intervention.
       (3) Family counseling.
       (4) Parent education programs.
       (5) Family support groups.
       (6) Expenses for volunteer activities.
       (7) Respite care.
       (8) Housing protection and advocacy.
       (9) Food assistance.
       (10) Employment assistance.
       (11) Child care.
       (12) Benefits eligibility determination services.
       (13) Transportation assistance.
       (14) Adult day care for dependent elderly and disabled 
     adults.
       (15) Temporary housing assistance for immediate family 
     members visiting wounded members of the Armed Forces or 
     receiving medical treatment at military hospitals and 
     facilities in the United States.
       (16) Reimbursement of telephone and other communication 
     expenses incurred in mission-related activities.
       (17) The Reserve Family Support Program.
       (18) The expansion of Department of Defense family support 
     centers to the extent adequate to provide support for 
     families of members of reserve components referred to in 
     section 682(b) and the establishment of Department of Defense 
     family support centers in major metropolitan areas, and other 
     communities, that are far from military installations and 
     have large populations of families of such members.
       (19) Computer and other equipment for communication between 
     members of the Armed Forces and members of their families.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Defense for fiscal 
     year 2002, out of current and future balances in the Defense 
     Cooperation Account, such sums as are necessary to carry out 
     the provisions of this section.

     SEC. 684. DEFENSE COOPERATION ACCOUNT DEFINED.

       In this subtitle, the term ``Defense Cooperation Account'' 
     means the Defense Cooperation Account established under 
     section 2608 of title 10, United States Code.
                                  ____

  SA 1749. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 2301(a), in the table, strike the item relating 
     to MacDill Air Force Base, Florida.
       In section 2301(a), in the table, strike the amount 
     specified as the total in the amount column and insert 
     ``$801,370,000.
       In section 2304(a), in the matter preceding paragraph (1), 
     strike ``$2,579,791,000'' and insert ``$2,569,791,000''.
       In section 2304(a), strike ``$816,070,000'' and insert 
     ``$806,070,000''.
       In section 2601(2), strike ``$33,641,000'' and insert 
     ``$42,241,000''.
                                  ____

  SA 1750. Mr. DODD (for himself, Mr. Hollings, Mr. Corzine, Mr. Biden, 
Mr. Bingaman, Mr. Sarbanes, Ms. Snowe, Mr. Specter, Ms. Collins, Mr. 
Warner, and Mr. McCain) submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1066, ASSISTANCE FOR FIREFIGHTERS.

       Section 33(e) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229(e)) is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) $600,000,000 for fiscal year 2002.
       ``(3) $800,000,000 for fiscal year 2003.
       ``(4) $1,000,000,000 for fiscal year 2004.''
                                  ____

  SA 1751. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place in the bill, add the following:

     SEC. 201(1). AUTHORIZATION OF ADDITIONAL FUNDS.

       Authorization.--$2,500,000 is authorized for appropriations 
     in section 201(1), in PE62303A214 for Enhanced Scramjet 
     Mixing.
                                  ____

  SA 1752. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert:
       Study and Plan.--
       (a) With the submission of the fiscal year 2003 budget 
     request, the Secretary of Defense shall provide to the 
     congressional defense committees a report and the Secretary's 
     recommendations on options for enhancing the capabilities and 
     cost effectiveness of the helicopter support missions at the 
     ICBM wings at Minot AFB, North Dakota; Malmstrom AFB, 
     Montana; and F.E. Warren AFB, Wyoming.
       (b) Options to be reviewed include:
       (1) the Air Force's current plan for replacement or 
     modernization of UH-1N helicopters currently flown by the Air 
     Force at the missile wings;
       (2) replacement of the UH-IN helicopters currently flown by 
     the Air Force with UH-60 Black Hawk helicopters, the UH-1Y, 
     or anther platform;
       (3) replacement of UH-1N helicopters with UH-60 helicopters 
     and transition of the mission to the Army National Guard, as 
     detailed in the November 21, 2000, Air Force Space Command 
     plan, ``The Business Case for ARNG Helicopter Support to 
     AFSPC ICBM Operations;''
       (4) replacement of UH-1N helicopters with UH-60 helicopters 
     or another platform, and establishment of composite units 
     combining active duty Air Force and Army National Guard 
     personnel; and,
       (5) other options as the Secretary deems appropriate.
       (c) Factors to be considered in this analysis include:
       (1) any implications of transferring the helicopter support 
     missions on the command and control of and responsibility for 
     missile field force protection;
       (2) current and future operational requirements, and the 
     capabilities of the UH-1N, the UH-60 or other aircraft to 
     meet them;
       (3) cost, with particular attention to opportunities to 
     realize efficiencies over the long run;
       (4) implications for personnel training and retention; and,
       (5) evaluation of the assumptions used in the plan 
     specified in (b)(3) above.
       (d) The Secretary shall consider carefully the views of the 
     Secretary of the Army, Secretary of the Air Force, Commander 
     in Chief of the United States Strategic Command, and the 
     Chief of the National Guard Bureau.
                                  ____

  SA 1753. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 65, after line 24, insert the following:

     SEC. 335. CONSEQUENCE MANAGEMENT TRAINING.

       Of the amount authorized to be appropriated by section 
     301(5), $5,000,000 may be available for the training of 
     members of the Armed Forces (including reserve component 
     personnel) in the management of the consequences of an 
     incident involving the use or threat of use of a weapon of 
     mass destruction.

[[Page 18180]]

     
                                  ____
  SA 1754. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 147, beginning with line 13 strike through page 
     154, line 16 and insert the following:

             Subtitle F--Uniformed Services Overseas Voting

     SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting; and
       (B) each valid ballot cast by such a voter is duly counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(c) Standards for Invalidation of Certain Ballots.--
       ``(1) In general.--A State may not refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter solely--
       ``(A) on the grounds that the ballot--
       ``(i) lacked a witness signature, an address, or a 
     postmark; or
       ``(ii) did not display the proper postmark; or
       ``(B) on the basis of a comparison of signatures on 
     ballots, envelopes, or registration forms.
       ``(2) No effect on filing deadlines under state law.--
     Nothing in this subsection may be construed to affect the 
     application to ballots submitted by absent uniformed services 
     voters of any ballot submission deadline applicable under 
     State law.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to ballots described in section 
     102(c) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by such subsection) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 572(a)(1), is further amended by inserting after 
     subsection (a) the following new subsection:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section 572(a)(1), is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 575, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) Establishment of demonstration project.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     Defense shall carry out a demonstration project under which 
     absent uniformed services voters (as defined in section 
     107(1) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6(1))) are permitted to cast ballots in 
     the regularly scheduled general election for Federal office 
     for November 2002, through an electronic voting system.
       (2) Authority to delay implementation.--If the Secretary of 
     Defense determines that the implementation of the 
     demonstration project under paragraph (1) with respect to the 
     regularly scheduled general election for Federal office for 
     November 2002 may adversely affect the national security of 
     the United States, the Secretary may delay the implementation 
     of such demonstration project until the regularly scheduled 
     general election for Federal office for November 2004
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

[[Page 18181]]



     SEC. 579. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND 
                   RESERVE COMPONENT FACILITIES AS POLLING PLACES.

       (a) Use of Military Installations Authorized.--Section 2670 
     of title 10, United States Code, is amended--
       (1) by striking ``Under'' and inserting ``(a) Use by Red 
     Cross.--Under'';
       (2) by striking ``this section'' and inserting ``this 
     subsection''; and
       (3) by adding at the end the following:
       ``(b) Use as Polling Places.--(1) Notwithstanding chapter 
     29 of title 18 (including sections 592 and 593 of such 
     title), the Secretary of a military department may make a 
     building located on a military installation under the 
     jurisdiction of the Secretary available for use by 
     individuals who reside on that military installation as a 
     polling place in any Federal, State, or local election for 
     public office.
       ``(2) Once a military installation is made available as the 
     site of a polling place with respect to a Federal, State, or 
     local election for public office, the Secretary shall 
     continue to make the site available for subsequent elections 
     for public office unless the Secretary provides to Congress 
     advance notice in a reasonable and timely manner of the 
     reasons why the site will no longer be made available as a 
     polling place.
       ``(3) In this section, the term `military installation' has 
     the meaning given the term in section 2687(e) of this 
     title.''.
       (b) Use of Reserve Component Facilities.--(1) Section 18235 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Pursuant to a lease or other agreement under 
     subsection (a)(2), the Secretary may make a facility covered 
     by subsection (a) available for use as a polling place in any 
     Federal, State, or local election for public office 
     notwithstanding chapter 29 of title 18 (including sections 
     592 and 593 of such title). Once a facility is made available 
     as the site of a polling place with respect to an election 
     for public office, the Secretary shall continue to make the 
     facility available for subsequent elections for public office 
     unless the Secretary provides to Congress advance notice in a 
     reasonable and timely manner of the reasons why the facility 
     will no longer be made available as a polling place.''.
       (2) Section 18236 of such title is amended by adding at the 
     end the following:
       ``(e) Pursuant to a lease or other agreement under 
     subsection (c)(1), a State may make a facility covered by 
     subsection (c) available for use as a polling place in any 
     Federal, State, or local election for public office 
     notwithstanding chapter 29 of title 18 (including sections 
     592 and 593 of such title).''.
       (c) Conforming Amendments to title 18.--(1) Section 592 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations, or the use of reserve 
     component facilities, as polling places in Federal, State, 
     and local elections for public office in accordance with 
     section 2670(b), 18235, or 18236 of title 10.''.
       (2) Section 593 of such title is amended by adding at the 
     end the following:
       ``This section shall not prohibit the use of buildings 
     located on military installations, or the use of reserve 
     component facilities, as polling places in Federal, State, 
     and local elections for public office in accordance with 
     section 2670(b), 18235, or 18236 of title 10.''.
       (d) Conforming Amendment to Voting Rights Law.--Section 
     2003 of the Revised Statutes (42 U.S.C. 1972) is amended by 
     adding at the end the following: ``Making a military 
     installation or reserve component facility available as a 
     polling place in a Federal, State, or local election for 
     public office in accordance with section 2670(b), 18235, or 
     18236 of title 10, United States Code, shall be deemed to be 
     consistent with this section.''.
       (e) Clerical amendments.--(1) The heading of section 2670 
     of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 2670. Buildings on military installations: use by 
       American National Red Cross and as polling places in 
       Federal, State, and local elections''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places in Federal, State, and 
              local elections.''.

     SEC. 580. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) In General.--For purposes of voting in any primary, 
     special, general, or runoff election for Federal office (as 
     defined in section 301 of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431)), each State shall, with respect to 
     any recently separated uniformed services voter requesting to 
     vote in the State--
       (1) deem the voter to be a resident of the State;
       (2) waive any requirement relating to any period of 
     residence or domicile in the State for purposes of 
     registering to vote or voting in that State;
       (3) accept and process, with respect to any primary, 
     special, general, or runoff election, any otherwise valid 
     voter registration application from the voter on the day of 
     the election; and
       (4) permit the voter to vote in that election.
       (b) Definitions.--In this section:
       (1) The term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       (2) The term ``recently separated uniformed services 
     voter'' means any individual that was a uniformed services 
     voter (as defined in section 571(b)) on the date that is 60 
     days before the date on which the individual seeks to vote 
     and who--
       (A) presents to the election official Department of Defense 
     form 214 evidencing their former status as such a voter, or 
     any other official proof of such status;
       (B) is no longer such a voter; and
       (C) is otherwise qualified to vote.

     SEC. 580A. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL 
                   VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.

       (a) Reports.--Not later than 90 days after the date on 
     which a State receives a legislative recommendation, the 
     State shall submit a report on the status of the 
     implementation of that recommendation to the Presidential 
     designee and to each Member of Congress that represents that 
     State.
       (b) Period of Applicability.--This section applies with 
     respect to legislative recommendations received by States 
     during the period beginning on the date of enactment of this 
     Act and ending three years after such date.
       (c) Definitions.--In this section:
       (1) The term ``legislative recommendation'' means a 
     recommendation of the Presidential designee suggesting a 
     modification in the laws of a State for the purpose of 
     maximizing the access to the polls of absent uniformed 
     services voters and overseas voters, including each 
     recommendation made under section 104 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
       (2) The term ``Presidential designee'' means the head of 
     the executive department designated under section 101 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff).
                                  ____

  SA 1755. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 147, beginning with line 13 strike through page 
     154, line 16 and insert the following:

             Subtitle F--Uniformed Services Overseas Voting

     SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   VOTING BY MEMBERS OF THE UNIFORMED SERVICES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that each administrator of a Federal, State, or local 
     election should--
       (1) be aware of the importance of the ability of each 
     uniformed services voter to exercise their right to vote; and
       (2) perform their duties with the intent to ensure that--
       (A) each uniformed services voter receives the utmost 
     consideration and cooperation when voting; and
       (B) each valid ballot cast by such a voter is duly counted.
       (b) Uniformed Services Voter Defined.--In this section, the 
     term ``uniformed services voter'' means--
       (1) a member of a uniformed service (as defined in section 
     101(a)(5) of title 10, United States Code) in active service;
       (2) a member of the merchant marine (as defined in section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6)); and
       (3) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.

     SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(c) Standards for Invalidation of Certain Ballots.--
       ``(1) In general.--A State may not refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter solely--
       ``(A) on the grounds that the ballot--
       ``(i) lacked a witness signature, an address, or a 
     postmark; or
       ``(ii) did not display the proper postmark; or

[[Page 18182]]

       ``(B) on the basis of a comparison of signatures on 
     ballots, envelopes, or registration forms.
       ``(2) No effect on filing deadlines under state law.--
     Nothing in this subsection may be construed to affect the 
     application to ballots submitted by absent uniformed services 
     voters of any ballot submission deadline applicable under 
     State law.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to ballots described in section 
     102(c) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by such subsection) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at 
     the end the following:
       ``Sec. 704. (a) For purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State in compliance 
     with military or naval orders shall not, solely by reason of 
     that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR 
                   ABSENT UNIFORMED SERVICES VOTERS TO STATE AND 
                   LOCAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 572(a)(1), is further amended by inserting after 
     subsection (a) the following new subsection:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--


       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and vote by absentee ballot 
     in general, special, primary, and runoff elections for State 
     and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the date of 
     the election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking ``FOR FEDERAL OFFICE''.

     SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS 
                   ABSENTEE VOTER REGISTRATION APPLICATION AND 
                   ABSENTEE BALLOT APPLICATION.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as 
     redesignated by section 572(a)(1), is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) accept and process the official post card form 
     (prescribed under section 101) as a simultaneous absentee 
     voter registration application and absentee ballot 
     application; and''.

     SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR 
                   ALL FEDERAL ELECTIONS.

       Subsection (a) of section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 575, is further amended by inserting after 
     paragraph (4) the following new paragraph (5):
       ``(5) accept and process, with respect to all general, 
     special, primary, and runoff elections for Federal office 
     occurring during a year, any otherwise valid absentee ballot 
     application from an absent uniformed services voter or 
     overseas voter if a single application for any such election 
     is received by the appropriate State election official not 
     less than 30 days before the first election for Federal 
     office occurring during the year.''.

     SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) Establishment of demonstration project.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     Defense shall carry out a demonstration project under which 
     absent uniformed services voters (as defined in section 
     107(1) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-6(1))) are permitted to cast ballots in 
     the regularly scheduled general election for Federal office 
     for November 2002, through an electronic voting system.
       (2) Authority to delay implementation.--If the Secretary of 
     Defense determines that the implementation of the 
     demonstration project under paragraph (1) with respect to the 
     regularly scheduled general election for Federal office for 
     November 2002 may adversely affect the national security of 
     the United States, the Secretary may delay the implementation 
     of such demonstration project until the regularly scheduled 
     general election for Federal office for November 2004
       (b) Coordination With State Election Officials.--To the 
     greatest extent practicable, the Secretary of Defense shall 
     carry out the demonstration project under this section 
     through cooperative agreements with State election officials.
       (c) Report to Congress.--Not later than June 1, 2003, the 
     Secretary of Defense shall submit a report to Congress 
     analyzing the demonstration project conducted under this 
     section, and shall include in the report any recommendations 
     the Secretary of Defense considers appropriate for continuing 
     the project on an expanded basis during the next regularly 
     scheduled general election for Federal office.

     SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Defense shall promulgate 
     regulations to require each of the Armed Forces to ensure 
     their compliance with any directives issued by the Secretary 
     of Defense in implementing the Federal Voting Assistance 
     Program (referred to in this section as the ``Program'') or 
     any similar program.
       (b) Review and Report.--(1) The Inspector General of each 
     of the Armed Forces shall--
       (A) conduct an annual review of the effectiveness of the 
     Program or any similar program;
       (B) conduct an annual review of the compliance with the 
     Program or any similar program of the branch; and
       (C) submit an annual report to the Inspector General of the 
     Department of Defense on the results of the reviews under 
     subparagraphs (A) and (B).
       (2) Not later than March 31, 2003, and annually thereafter, 
     the Inspector General of the Department of Defense shall 
     submit a report to Congress on--
       (A) the effectiveness of the Program or any similar 
     program; and
       (B) the level of compliance with the Program or any similar 
     program of the branches of the Armed Forces.

     SEC. 579. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) In General.--For purposes of voting in any primary, 
     special, general, or runoff election for Federal office (as 
     defined in section 301 of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431)), each State shall, with respect to 
     any recently separated uniformed services voter requesting to 
     vote in the State--
       (1) deem the voter to be a resident of the State;
       (2) waive any requirement relating to any period of 
     residence or domicile in the State for purposes of 
     registering to vote or voting in that State;
       (3) accept and process, with respect to any primary, 
     special, general, or runoff election, any otherwise valid 
     voter registration application from the voter on the day of 
     the election; and
       (4) permit the voter to vote in that election.
       (b) Definitions.--In this section:
       (1) The term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       (2) The term ``recently separated uniformed services 
     voter'' means any individual that was a uniformed services 
     voter (as defined in section 571(b)) on the date that is 60 
     days before the date on which the individual seeks to vote 
     and who--
       (A) presents to the election official Department of Defense 
     form 214 evidencing their former status as such a voter, or 
     any other official proof of such status;
       (B) is no longer such a voter; and
       (C) is otherwise qualified to vote.

     SEC. 580. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL 
                   VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.

       (a) Reports.--Not later than 90 days after the date on 
     which a State receives a legislative recommendation, the 
     State shall submit a report on the status of the 
     implementation of that recommendation to the Presidential 
     designee and to each Member of Congress that represents that 
     State.
       (b) Period of Applicability.--This section applies with 
     respect to legislative recommendations received by States 
     during the period beginning on the date of enactment of this 
     Act and ending three years after such date.
       (c) Definitions.--In this section:
       (1) The term ``legislative recommendation'' means a 
     recommendation of the Presidential designee suggesting a 
     modification in the laws of a State for the purpose of 
     maximizing the access to the polls of absent uniformed 
     services voters and overseas voters, including each 
     recommendation made under section 104 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
       (2) The term ``Presidential designee'' means the head of 
     the executive department designated under section 101 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff).
                                  ____

  SA 1756. Mr. KYL submitted an amendment intended to be proposed by

[[Page 18183]]

him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1217. DEVELOPMENT AND IMPLEMENTATION OF KEY LIST OF 
                   TECHNOLOGY TO STRENGTHEN EXPORT CONTROLS.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 90 days after the date of the enactment 
     of this Act, the Secretary of Defense shall complete the 
     assessment described in subsection (b) which shall be the 
     basis for the development of a Key List of technology and for 
     implementing an export control program that is aimed at 
     preventing attempts by the People's Republic of China to 
     acquire certain technology.
       (b) Assessment Described.--
       (1) In general.--The Assessment performed by the Secretary 
     of Defense shall include an assessment of--
       (A) efforts by the People's Republic of China to acquire 
     certain technology;
       (B) how the military strategy of the People's Republic of 
     China relates to its technology requirements; and
       (C) the impact the technology requirements and military 
     strategy of the People's Republic of China have on the 
     ability of the United States to protect the Pacific area and 
     the national interest of the United States and its allies.
       (2) Development of key list of technology.--After 
     performing the assessment described in paragraph (1), the 
     Secretary of Defense, in consultation with the Secretary, 
     shall develop a Key List of technology aimed at safeguarding 
     against attempts by the People's Republic of China to acquire 
     items on the Key List and at protecting the national security 
     interest of the United States and its allies.
       (c) Strengthening Export Controls.--The Secretary shall 
     strengthen export control processes and peer review to 
     prevent the transfer of Key List technologies and shall 
     coordinate all of the Department of Commerce's export control 
     measures with the Department of Defense, Department of State, 
     Department of Energy, and the Central Intelligence Agency.
       (d) International Cooperation.--The Secretary of State 
     shall implement an international program to gain cooperation 
     from other countries to prevent the export or transfer of Key 
     List technologies to the People's Republic of China.
                                  ____

  SA 1757. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike sections 2901, 2902, and 2903 and insert the 
     following:

     SEC. 2901. AUTHORITY TO CARRY OUT BASE CLOSURE ROUND IN 2005.

       (a) Commission Matters.--
       (1) Appointment.--Section 2902(c)(1) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by striking the period at the end of clause (iii) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(iv) by no later than January 24, 2005, in the case of 
     members of the Commission whose terms will expire at the end 
     of the first session of the 109th Congress.''; and
       (B) in subparagraph (C), by striking ``or for 1995 in 
     clause (iii) of such subparagraph'' and inserting ``, for 
     1995 in clause (iii) of that subparagraph, or for 2005 in 
     clause (iv) of that subparagraph''.
       (2) Meetings.--Section 2902(e) of that Act is amended by 
     striking ``and 1995'' and inserting ``1995, and 2005''.
       (3) Funding.--Section 2902(k) of that Act is amended by 
     adding at the end the following new paragraph (4):
       ``(4) If no funds are appropriated to the Commission by the 
     end of the second session of the 108th Congress for the 
     activities of the Commission in 2005, the Secretary may 
     transfer to the Commission for purposes of its activities 
     under this part in that year such funds as the Commission may 
     require to carry out such activities. The Secretary may 
     transfer funds under the preceding sentence from any funds 
     available to the Secretary. Funds so transferred shall remain 
     available to the Commission for such purposes until 
     expended.''.
       (4) Termination.--Section 2902(l) of that Act is amended by 
     striking ``December 31, 1995'' and inserting ``December 31, 
     2005''.
       (b) Procedures.--
       (1) Force-structure plan.--Section 2903(a) of that Act is 
     amended--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As part of the budget justification documents 
     submitted to Congress in support of the budget for the 
     Department of Defense for fiscal year 2005, the Secretary 
     shall include a force-structure plan for the Armed Forces 
     based on the probable threats to the national security during 
     the twenty-year period beginning with fiscal year 2005.
       ``(B) The Secretary may revise the force-structure plan 
     submitted under subparagraph (A). If the Secretary revises 
     the force-structure plan, the Secretary shall submit the 
     revised force-structure plan to Congress as part of the 
     budget justification documents submitted to Congress in 
     support of the budget for the Department of Defense for 
     fiscal year 2006.''; and
       (C) in paragraph (3), as redesignated by subparagraph (A) 
     of this paragraph--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Such plan'' and inserting ``Each force-structure plan under 
     this subsection''; and
       (ii) in subparagraph (A), by striking ``referred to in 
     paragraph (1)'' and inserting ``on which such force-structure 
     plan is based''.
       (2) Selection criteria.--Section 2903(b) of that Act is 
     amended--
       (A) in paragraph (1), by inserting ``and by no later than 
     December 31, 2003, for purposes of activities of the 
     Commission under this part in 2005,'' after ``December 31, 
     1990,''; and
       (B) in paragraph (2)(A)--
       (i) in the first sentence, by inserting ``and by no later 
     than February 15, 2004, for purposes of activities of the 
     Commission under this part in 2005,'' after ``February 15, 
     1991,''; and
       (ii) in the second sentence, by inserting ``, or enacted on 
     or before March 31, 2004, in the case of criteria published 
     and transmitted under the preceding sentence in 2004'' after 
     ``March 15, 1991''.
       (3) Department of defense recommendations.--Section 
     2903(c)(1) of that Act is amended by striking ``and March 1, 
     1995'' and inserting ``March 1, 1995, and March 14, 2005''.
       (4) Commission review and recommendations.--Section 2903(d) 
     of that Act is amended--
       (A) in paragraph (2)(A), by inserting ``or by no later than 
     July 7 in the case of recommendations in 2005,'' after 
     ``pursuant to subsection (c),'';
       (B) in paragraph (4), by inserting ``or after July 7 in the 
     case of recommendations in 2005,'' after ``under this 
     subsection,''; and
       (C) in paragraph (5)(B), by inserting ``or by no later than 
     May 1 in the case of such recommendations in 2005,'' after 
     ``such recommendations,''.
       (5) Review by president.--Section 2903(e) of that Act is 
     amended--
       (A) in paragraph (1), by inserting ``or by no later than 
     July 22 in the case of recommendations in 2005,'' after 
     ``under subsection (d),'';
       (B) in the second sentence of paragraph (3), by inserting 
     ``or by no later than August 18 in the case of 2005,'' after 
     ``the year concerned,''; and
       (C) in paragraph (5), by inserting ``or by September 3 in 
     the case of recommendations in 2005,'' after ``under this 
     part,''.
       (c) Relationship to Other Base Closure Authority.--Section 
     2909(a) of that Act is amended by striking ``December 31, 
     1995,'' and inserting ``December 31, 2005, or a later date 
     specified by the President under section 2903A(b)(2) if a 
     deadline under section 2902 or 2903 is postponed by the 
     President under section 2903A(a),''.

     SEC. 2902. BASE CLOSURE ACCOUNT 2005.

       (a) Establishment.--The Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended by inserting after 
     section 2906 the following new section:

     ``SEC. 2906A. BASE CLOSURE ACCOUNT 2005.

       ``(a) In General.--(1) There is hereby established on the 
     books of the Treasury an account to be known as the 
     `Department of Defense Base Closure Account 2005' (in this 
     section referred to as the `Account'). The Account shall be 
     administered by the Secretary as a single account.
       ``(2) There shall be deposited into the Account--
       ``(A) funds authorized for and appropriated to the Account;
       ``(B) any funds that the Secretary may, subject to approval 
     in an appropriation Act, transfer to the Account from funds 
     appropriated to the Department of Defense for any purpose, 
     except that such funds may be transferred only after the date 
     on which the Secretary transmits written notice of, and 
     justification for, such transfer to the congressional defense 
     committees; and
       ``(C) except as provided in subsection (d), proceeds 
     received from the lease, transfer, or disposal of any 
     property at a military installation that is closed or 
     realigned under this part pursuant to a closure or 
     realignment the date of approval of which is after September 
     30, 2005.

[[Page 18184]]

       ``(3) The Account shall be closed at the time and in the 
     manner provided for appropriation accounts under section 1555 
     of title 31, United States Code. Unobligated funds which 
     remain in the Account upon closure shall be held by the 
     Secretary of the Treasury until transferred by law after the 
     congressional defense committees receive the final report 
     transmitted under subsection (c)(2).
       ``(b) Use of Funds.--(1) The Secretary may use the funds in 
     the Account only for the purposes described in section 2905 
     with respect to military installations the date of approval 
     of closure or realignment of which is after September 30, 
     2005.
       ``(2) When a decision is made to use funds in the Account 
     to carry out a construction project under section 2905(a) and 
     the cost of the project will exceed the maximum amount 
     authorized by law for a minor military construction project, 
     the Secretary shall notify in writing the congressional 
     defense committees of the nature of, and justification for, 
     the project and the amount of expenditures for such project. 
     Any such construction project may be carried out without 
     regard to section 2802(a) of title 10, United States Code.
       ``(c) Reports.--(1)(A) No later than 60 days after the end 
     of each fiscal year in which the Secretary carries out 
     activities under this part using amounts in the Account, the 
     Secretary shall transmit a report to the congressional 
     defense committees of the amount and nature of the deposits 
     into, and the expenditures from, the Account during such 
     fiscal year and of the amount and nature of other 
     expenditures made pursuant to section 2905(a) during such 
     fiscal year.
       ``(B) The report for a fiscal year shall include the 
     following:
       ``(i) The obligations and expenditures from the Account 
     during the fiscal year, identified by subaccount, for each 
     military department and Defense Agency.
       ``(ii) The fiscal year in which appropriations for such 
     expenditures were made and the fiscal year in which funds 
     were obligated for such expenditures.
       ``(iii) Each military construction project for which such 
     obligations and expenditures were made, identified by 
     installation and project title.
       ``(iv) A description and explanation of the extent, if any, 
     to which expenditures for military construction projects for 
     the fiscal year differed from proposals for projects and 
     funding levels that were included in the justification 
     transmitted to Congress under section 2907(1), or otherwise, 
     for the funding proposals for the Account for such fiscal 
     year, including an explanation of--
       ``(I) any failure to carry out military construction 
     projects that were so proposed; and
       ``(II) any expenditures for military construction projects 
     that were not so proposed.
       ``(2) No later than 60 days after the termination of the 
     authority of the Secretary to carry out a closure or 
     realignment under this part with respect to military 
     installations the date of approval of closure or realignment 
     of which is after September 30, 2005, and no later than 60 
     days after the closure of the Account under subsection 
     (a)(3), the Secretary shall transmit to the congressional 
     defense committees a report containing an accounting of--
       ``(A) all the funds deposited into and expended from the 
     Account or otherwise expended under this part with respect to 
     such installations; and
       ``(B) any amount remaining in the Account.
       ``(d) Disposal or Transfer of Commissary Stores and 
     Property Purchased With Nonappropriated Funds.--(1) If any 
     real property or facility acquired, constructed, or improved 
     (in whole or in part) with commissary store funds or 
     nonappropriated funds is transferred or disposed of in 
     connection with the closure or realignment of a military 
     installation under this part the date of approval of closure 
     or realignment of which is after September 30, 2005, a 
     portion of the proceeds of the transfer or other disposal of 
     property on that installation shall be deposited in the 
     reserve account established under section 204(b)(7)(C) of the 
     Defense Authorization Amendments and Base Closure and 
     Realignment Act (10 U.S.C. 2687 note).
       ``(2) The amount so deposited shall be equal to the 
     depreciated value of the investment made with such funds in 
     the acquisition, construction, or improvement of that 
     particular real property or facility. The depreciated value 
     of the investment shall be computed in accordance with 
     regulations prescribed by the Secretary of Defense.
       ``(3) The Secretary may use amounts in the account (in such 
     an aggregate amount as is provided in advance in 
     appropriation Acts) for the purpose of acquiring, 
     constructing, and improving--
       ``(A) commissary stores; and
       ``(B) real property and facilities for nonappropriated fund 
     instrumentalities.
       ``(4) In this subsection, the terms `commissary store 
     funds', `nonappropriated funds', and `nonappropriated fund 
     instrumentality' shall have the meaning given those terms in 
     section 2906(d)(4).
       ``(e) Account Exclusive Source of Funds for Environmental 
     Restoration Projects.--Except as provided in section 2906(e) 
     with respect to funds in the Department of Defense Base 
     Closure Account 1990 under section 2906 and except for funds 
     deposited into the Account under subsection (a), funds 
     appropriated to the Department of Defense may not be used for 
     purposes described in section 2905(a)(1)(C). The prohibition 
     in this subsection shall expire upon the closure of the 
     Account under subsection (a)(3).''.
       (b) Conforming Amendments.--Section 2906 of that Act is 
     amended--
       (1) in subsection (a)(2)(C), by inserting ``the date of 
     approval of closure or realignment of which is before 
     September 30, 2005'' after ``under this part'';
       (2) in subsection (b)(1), by inserting ``with respect to 
     military installations the date of approval of closure or 
     realignment of which is before September 30, 2005,'' after 
     ``section 2905'';
       (3) in subsection (c)(2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``with respect to military installations the date of approval 
     of closure or realignment of which is before September 30, 
     2005,'' after ``under this part''; and
       (B) in subparagraph (A), by inserting ``with respect to 
     such installations'' after ``under this part'';
       (4) in subsection (d)(1), by inserting ``the date of 
     approval of closure or realignment of which is before 
     September 30, 2005'' after ``under this part''; and
       (5) in subsection (e), by striking ``Except for'' and 
     inserting ``Except as provided in section 2906A(e) with 
     respect to funds in the Department of Defense Base Closure 
     Account 2001 under section 2906A and except for''.
       (c) Clerical Amendment.--The section heading of section 
     2906 of that Act is amended to read as follows:

     ``SEC. 2906. BASE CLOSURE ACCOUNT 1990.''.

     SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE CLOSURE 
                   AUTHORITIES.

       (a) Increase in Members of Commission.--Section 
     2902(c)(1)(A) of the Defense Base Closure and Realignment Act 
     of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2867 note) is amended by striking ``eight members'' 
     and inserting ``nine members''.
       (b) Selection Criteria.--Section 2903(b) of that Act is 
     amended by adding at the end the following new paragraphs:
       ``(3) The selection criteria shall ensure that military 
     value is the primary consideration in the making of 
     recommendations for the closure or realignment of military 
     installations under this part.
       ``(4) Any selection criteria proposed by the Secretary 
     relating to the cost savings or return on investment from the 
     proposed closure or realignment of a military installation 
     shall take into account the effect of the proposed closure or 
     realignment on the costs of any other Federal agency that may 
     be required to assume responsibility for activities at the 
     military installation.''.
       (c) Department of Defense Recommendations to Commission.--
     Section 2903(c) of that Act is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6) as paragraphs (2), (3), (4), (6), (7), and (8), 
     respectively;
       (2) by inserting before paragraph (2), as so redesignated, 
     by the following new paragraph (1):
       ``(1) The Secretary shall carry out a comprehensive review 
     of the military installations of the Department of Defense 
     inside the United States based on the force-structure plan 
     submitted under subsection (a)(2), and the final criteria 
     transmitted under subsection (b)(2), in 2004. The review 
     shall cover every type of facility or other infrastructure 
     operated by the Department of Defense.'';
       (3) in paragraph (4), as so redesignated--
       (A) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (B) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) In considering military installations for closure or 
     realignment under this part in any year after 2001, the 
     Secretary shall consider the anticipated continuing need for 
     and availability of military installations worldwide. In 
     evaluating the need for military installations inside the 
     United States, the Secretary shall take into account current 
     restrictions on the use of military installations outside the 
     United States and the potential for future prohibitions or 
     restrictions on the use of such military installations.''; 
     and
       (C) in subparagraph (D), as so redesignated, by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)'';
       (4) by inserting after paragraph (4), as so redesignated, 
     the following new paragraph (5):
       ``(5)(A) In making recommendations to the Commission under 
     this subsection in any year after 2001, the Secretary shall 
     consider any notice received from a local government in the 
     vicinity of a military installation that the government would 
     approve of the closure or realignment of the installation.
       ``(B) Notwithstanding the requirement in subparagraph (A), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan and final 
     criteria otherwise applicable to such recommendations under 
     this section.
       ``(C) The recommendations made by the Secretary under this 
     subsection in any year

[[Page 18185]]

     after 2001 shall include a statement of the result of the 
     consideration of any notice described in subparagraph (A) 
     that is received with respect to an installation covered by 
     such recommendations. The statement shall set forth the 
     reasons for the result.''; and
       (5) in paragraph (8), as so redesignated--
       (A) in the first sentence, by striking ``paragraph (5)(B)'' 
     and inserting ``paragraph (7)(B)''; and
       (B) in the second sentence, by striking ``24 hours'' and 
     inserting ``48 hours''.
       (d) Commission Changes in Recommendations of Secretary.--
     Section 2903(d)(2) of that Act is amended--
       (1) in subparagraph (B), by striking ``if'' and inserting 
     ``only if'';
       (2) in subparagraph (C)--
       (A) in clause (iii), by striking ``and'' at the end;
       (B) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(v) invites the Secretary to testify at a public hearing, 
     or a closed hearing if classified information is involved, on 
     the proposed change.'';
       (3) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (4) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) In the case of a change not described in subparagraph 
     (D) in the recommendations made by the Secretary, the 
     Commission may make the change only if the Commission--
       ``(i) makes the determination required by subparagraph (B);
       ``(ii) determines that the change is consistent with the 
     force-structure plan and final criteria referred to in 
     subsection (c)(1); and
       ``(iii) invites the Secretary to testify at a public 
     hearing, or a closed hearing if classified information is 
     involved, on the proposed change.''.
       (e) Privatization in Place.--Section 2904(a) of that Act is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission in each such report after 2001 only if 
     privatization in place is a method of closure or realignment 
     of the installation specified in the recommendation of the 
     Commission in such report and is determined by the Commission 
     to be the most-cost effective method of implementation of the 
     recommendation;''.
       (f) Implementation.--
       (1) Payment for certain services for property leased back 
     by the united states.--Section 2905(b)(4)(E) of that Act is 
     amended--
       (1) in clause (iii), by striking ``A lease'' and inserting 
     ``Except as provided in clause (v), a lease''; and
       (2) by adding at the end the following new clause (v):
       ``(v)(I) Notwithstanding clause (iii), a lease under clause 
     (i) may require the United States to pay the redevelopment 
     authority concerned, or the assignee of the redevelopment 
     authority, for facility services and common area maintenance 
     provided for the leased property by the redevelopment 
     authority or assignee, as the case may be.
       ``(II) The rate charged the United States for services and 
     maintenance provided by a redevelopment authority or assignee 
     under subclause (I) may not exceed the rate charged non-
     Federal tenants leasing property at the installation for such 
     services and maintenance.
       ``(III) For purposes of this clause, facility services and 
     common area maintenance shall not include municipal services 
     that the State or local government concerned is required by 
     law to provide without direct charge to landowners, or 
     firefighting or security-guard functions.''.
       (2) Transfers in connection with payment of environmental 
     remediation.--Section 2905(e) of that Act is amended--
       (A) in paragraph (1)(B), by adding at the end the following 
     new sentence: ``The real property and facilities referred to 
     in subparagraph (A) are also the real property and facilities 
     located at an installation approved for closure or 
     realignment under this part after 2001 that are available for 
     purposes other than to assist the homeless.'';
       (B) in paragraph (2)(A), by striking ``to be paid by the 
     recipient of the property or facilities'' and inserting 
     ``otherwise to be paid by the Secretary with respect to the 
     property or facilities'';
       (C) by striking paragraph (6);
       (D) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), (6), respectively; and
       (E) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) In the case of property or facilities covered by a 
     certification under paragraph (2)(A), the Secretary may pay 
     the recipient of such property or facilities an amount equal 
     to the lesser of--
       ``(A) the amount by which the costs incurred by the 
     recipient of such property or facilities for all 
     environmental restoration, waste, management, and 
     environmental compliance activities with respect to such 
     property or facilities exceed the fair market value of such 
     property or facilities as specified in such certification; or
       ``(B) the amount by which the costs (as determined by the 
     Secretary) that would otherwise have been incurred by the 
     Secretary for such restoration, management, and activities 
     with respect to such property or facilities exceed the fair 
     market value of such property or facilities as so 
     specified.''.
       (3) Scope of indemnification of transferees in connection 
     with payment of environmental remediation.--Paragraph (6) of 
     section 2905(e) of that Act, as redesignated by paragraph (1) 
     of this subsection, is further amended by inserting before 
     the period the following: ``, except in the case of releases 
     or threatened releases not disclosed pursuant to paragraph 
     (4)''.
                                  ____

  SA 1758. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 33, line 4, strike ``$190,255,000'' and insert 
     ``$230,255,000''.
                                  ____

  SA 1759. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Insert at the appropriate place in the bill the following 
     new item:
       The Secretary of the Navy may sell to a person outside the 
     Department of Defense articles and services provided by the 
     Naval Magazine, Indian Island facility that are not available 
     from any United States commercial source; Provided, That a 
     sale pursuant to this section shall conform to the 
     requirements of 10 U.S.C. section 2563 (c) and (d); and 
     Provided further, That the proceeds from the sales of 
     articles and services under this section shall be credited to 
     operation and maintenance funds of the Navy, that are current 
     when the proceeds are received.
                                  ____

  SA 1760. Mr. REID (for himself, Mr. Hutchinson, Mr. Daschle, Mr. 
Biden, Mr. Breaux, Mr. Hatch, Mr. Johnson, Mr. Edwards, Mr. Specter, 
Mr. Inouye, Mr. Rockefeller, Ms. Cantwell,  Mrs. Hutchison, Mr. Durbin, 
Ms. Collins, and Mr. Dodd) submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 207, strike line 18 and all that follows 
     through page 209, line 12, and insert the following:
       (d) Effective date.--(1) The amendments made by this 
     section shall take effect on October 1, 2002.
       (2) No benefits may be paid to any person by reason of 
     section 1414 of title 10, United States Code, as added by the 
     amendment made by subsection (a), for any period before the 
     effective date under paragraph (1).
                                  ____

  SA 1761. Ms. LANDRIEU (for herself and Mr. Domenici) submitted an 
amendment intended to be proposed by her to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of section XXXI, add the 
     following:

     SEC. 3135. BIOFUSION RESEARCH.

       Of the amounts authorized to be appropriated by section 
     3103(a) for the Department of Energy for other defense 
     activities, $2,500,000 shall be available for the Office of 
     Security and Emergency Operations of the Department of Energy 
     for biofusion research.
                                  ____

  SA 1762. Mr. TORRICELLI (for himself, Mr. Carper, and Mr. Corzine) 
submitted an amendment intended to be

[[Page 18186]]

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

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

     SEC. 1027. DEPARTMENT OF DEFENSE REPORT TO FEDERAL TRADE 
                   COMMISSION ON ANTITRUST IMPLICATIONS OF MERGER 
                   INVOLVING NATIONAL SMOKELESS NITROCELLULOSE 
                   INDUSTRY.

       Not later than 30 days after the date of the enactment of 
     this Act, the Department of Defense shall submit to the 
     Federal Trade Commission the views of the Department on the 
     antitrust implications for the national smokeless 
     nitrocellulose industry of a joint-venture involving a 
     national smokeless nitrocellulose producer.
                                  ____

  SA 1763. Mr. TORRICELLI (for himself, Mr. Carper, and Mr. Corzine) 
submitted an amendment intended to be proposed by him to the bill S. 
1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. SENSE OF SENATE ON DEPARTMENT OF DEFENSE REGARDING 
                   ANTITRUST IMPLICATIONS OF JOINT VENTURE TO 
                   PRODUCE PROPELLANT AND PROPELLANT PRODUCTS.

       (a) Finding.--The Senate finds that the Federal Trade 
     Commission has met with Department of Defense personnel 
     regarding the potential antitrust implications of a joint 
     venture to produce propellant and propellant products.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Defense should express its views on the 
     antitrust implications of the joint venture described in 
     subsection 9a) to the Federal Trade Commission not later than 
     30 days after enactment of this Act.
                                  ____

  SA 1764. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 664. EXPANDED SCOPE OF AUTHORITY TO WAIVE TIME 
                   LIMITATIONS ON CLAIMS FOR MILITARY PERSONNEL 
                   BENEFITS.

       (a) Authority.--Subsection (e)(1) of section 3702 of title 
     31, United States Code, is amended by striking ``a claim for 
     pay, allowances, or payment for unused accrued leave under 
     title 37 or a claim for retired pay under title 10'' and 
     inserting ``a claim referred to in subsection (a)(1)(A)''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to claims presented to the Secretary 
     of Defense under section 3702 of title 31, United States 
     Code, on or after the date of the enactment of this Act.
                                  ____

  SA 1765. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes, which was ordered to lie on the table, 
as follows:

       At the end of subtitle C of title 10, add the following:

     SEC. 1027. QUADRENNIAL QUALITY OF LIFE REVIEW.

       (a) Requirement for Review.--Chapter 2 of title 10, United 
     States Code, is amended by inserting after section 118 the 
     following new section:

     ``Sec. 118a. Quadrennial quality of life review

       ``(a) Policy.--The quality of life needs of members of the 
     armed forces shall be a primary concern of the Secretary of 
     Defense.
       ``(b) Requirement for Review.--(1) To determine the quality 
     of life needs of members and to express the primacy of those 
     needs as a concern of the Department of Defense, the 
     Secretary of Defense shall every four years conduct a 
     comprehensive examination of morale, welfare, and recreation 
     activities of the Department of Defense that affect the lives 
     of members of the armed forces. The review shall be known as 
     the `quadrennial quality of life review'.
       ``(2) The review shall be conducted two years after the 
     quadrennial defense review is conducted under section 118 of 
     this title.
       ``(3) The Secretary shall conduct the review in 
     consultation with the Chairman of the Joint Chiefs of Staff.
       ``(c) Considerations.--In conducting the review, the 
     Secretary shall consider the quality of life priorities and 
     issues relating to the following matters:
       ``(1) Infrastructure.
       ``(2) Military construction.
       ``(3) Physical conditions at bases and facilities.
       ``(4) Budgetary plans.
       ``(5) Adequacy of medical care for members of the armed 
     forces and their dependents.
       ``(6) Adequacy of housing.
       ``(7) Housing related costs such as utility costs, together 
     with the adequacy of the basic allowance for housing for 
     meeting the housing needs of members of the armed forces.
       ``(8) The adequacy of the basic allowance for subsistence.
       ``(9) Educational opportunities and costs for members and 
     dependents.
       ``(10) Duration of deployments.
       ``(11) Rates of pay, including the relationship between the 
     rates of pay for members and the rates of pay for civilians.
       ``(12) Recruitment and retention.
       ``(13) Workplace safety.
       ``(14) Family support services.
       ``(15) The relationship between the other elements of the 
     defense program and policies of the United States and quality 
     of life needs of members.
       ``(16) Any other priorities and issues that relate to the 
     quality of life of members.
       ``(17) The relationship of the quality of life priorities, 
     issues, and actions with the national security strategy set 
     forth in the latest national security strategy report under 
     section 108 of the National Security Act of 1947 (50 U.S.C. 
     404a).
       ``(c) Content.--The quadrennial quality of life review 
     shall include the following matters:
       ``(1) The measures necessary to provide members of the 
     armed forces with a quality of life reasonably necessary to 
     maximize support and minimize distractions that affect the 
     will and capabilities of members of the armed forces to 
     execute successfully the full range of missions called for in 
     the national defense strategy.
       ``(2) A full accounting of any backlog of maintenance and 
     repair projects for housing and facilities at military 
     installations, together with an assessment of how conditions 
     of disrepair affect the performance and quality of life of 
     members and their families.
       ``(3) A budgetary plan setting forth the resources and 
     schedules of actions necessary to improve the quality of life 
     for military personnel called on to carry out the national 
     security strategy, including resources and schedules for 
     reducing and eliminating any backlog of maintenance and 
     repair projects identified under paragraph (2).
       ``(d) Report to Congress.--The Secretary shall submit a 
     report on each quadrennial quality of life review to the 
     Committees on Armed Services of the Senate and House of 
     Representatives. The report shall be submitted not later than 
     September 30 of the year in which the review is conducted. 
     The report shall include the following:
       ``(1) The results of the review, including a comprehensive 
     discussion of how the quality of life of members of the armed 
     forces affects military preparedness and readiness and the 
     execution of the national security strategy of the United 
     States.
       ``(2) The long term quality of life problems to be 
     addressed by the armed forces, together with proposed 
     remedies.
       ``(3) The short term quality of life problems to be 
     addressed by the armed forces, together with proposed 
     remedies.
       ``(4) The assumptions used in the review.
       ``(5) The effects of quality of life issues on the morale 
     of the members of the armed forces.
       ``(6) The quality of life issues that affect members of the 
     reserve components, together with proposed remedies.
       ``(7) The percentage of defense spending that it is 
     appropriate to allocate to the quality of life of members of 
     the armed forces.
       ``(e) CJCS Review.--Upon the completion of the quadrennial 
     quality of life review, the Chairman of the Joint Chiefs of 
     Staff shall prepare and submit to the Secretary of Defense 
     the Chairman's assessment of the review, including the 
     Chairman's assessment of the quality of life of the members 
     of the armed forces. The assessment shall be included in its 
     entirety in the report on the review required under 
     subsection (d).
       ``(f) Independent Review.--Before submitting the report on 
     the quadrennial quality of life review to Congress, the 
     Secretary shall make the report available to persons 
     independent of the Federal Government whose interests and 
     expertise the Secretary determines relevant to issues of the 
     quality of life of members of the armed forces and shall 
     invite those persons to review the report and

[[Page 18187]]

     to submit comments on the report to the Secretary.''.
       (b) Clerical Amendment.--The table of contents at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 118 the following new item:

``118a. Quadrennial quality of life review.''.
                                  ____

  SA 1766. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in the bill, add the following:

     SEC.   . TEMPORARY AUTHORITY TO ASSIST FEDERAL AIR MARSHALS.

       (a) In General.--Notwithstanding 10 U.S.C. 375, the 
     Secretary of Defense, shall, in accordance with other 
     applicable law, make Department of Defense personnel 
     available to support the Department of Transportation in 
     providing no less than one federal air marshal on each United 
     States domestic commercial passenger flight.
       (b) Limitation.--The authority provided in subsection (a) 
     shall expire:
       (1) when the President certifies to Congress that there is 
     a sufficient number of civilian air marshals trained and 
     available to provide security for all United States domestic 
     commercial passenger flights; or
       (2) on September 30, 2002.
                                  ____

  SA 1767. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in the bill, add the following:

     SEC.  TEMPORARY AUTHORITY TO ASSIST FEDERAL AIR MARSHALS.

       (a) In General.--Notwithstanding 10 U.S.C. 375, the 
     Secretary of Defense, may, in accordance with other 
     applicable law, make Department of Defense personnel 
     available to support the Department of Transportation in 
     providing no less than one federal air marshal on each United 
     States domestic commercial passenger flight.
       (b) Limitation.--The authority provided in subsection (a) 
     shall expire:
       (1) when the President certifies to Congress that there is 
     a sufficient number of civilian air marshals trained and 
     available to provide security for all United States domestic 
     commercial passenger flights; or
       (2) on September 30, 2002.
                                  ____

  SA 1768. Mr. CRAIG (for himself, Mr. Lott, Mr. Allen, Mr. Nickles, 
Mr. Smith of New Hampshire, and Mr. Crapo) submitted an amendment 
intended to be proposed by him to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

        TITLE XIV--AMERICAN ARMED FORCES PROTECTION ACT OF 2001

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``American Armed Forces 
     Protection Act 2001''.

     SEC. 1402. FINDINGS AND POLICY.

       (a) 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 September 15, 2001, 139 countries had signed the 
     Rome Statute and 38 had ratified it. Pursuant to Article 126 
     of the Rome Statute, the Statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the Statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador David Scheffer stated that the United 
     States could not sign the Rome Statute because certain 
     critical negotiating objectives of the United States had not 
     been achieved. As a result, he stated: ``We are left with 
     consequences that do not serve the cause of international 
     justice.''.
       (5) Ambassador Scheffer went on to tell the Congress that: 
     ``Multinational peacekeeping forces operating in a country 
     that has joined the treaty can be exposed to the Court's 
     jurisdiction even if the country of the individual 
     peacekeeper has not joined the treaty. Thus, the treaty 
     purports to establish an arrangement whereby United States 
     armed forces operating overseas could be conceivably 
     prosecuted by the international court even if the United 
     States has not agreed to be bound by the treaty. Not only is 
     this contrary to the most fundamental principles of treaty 
     law, it could inhibit the ability of the United States to use 
     its military to meet alliance obligations and participate in 
     multinational operations, including humanitarian 
     interventions to save civilian lives. Other contributors to 
     peacekeeping operations will be similarly exposed.''
       (6) Notwithstanding these concerns, President Clinton 
     directed that the United States sign the Rome Statute on 
     December 31, 2000. In a statement issued that day, he stated 
     that in view of the unremedied deficiencies of the Rome 
     Statute, ``I will not, and do not recommend that my successor 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (8) Members of the Armed Forces of the United States 
     deserve the full protection of the United States Constitution 
     wherever 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 United Nations 
     officials under procedures that deny them their 
     constitutional rights.
       (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 deserve the full protection of 
     the United States Constitution with respect to official 
     actions taken by them to protect the national interests of 
     the United States.
       (10) The claimed jurisdiction of the International Criminal 
     Court over citizens of a country that is not a state party to 
     the Rome Statute is a direct contravention of the sovereign 
     equality of all member states under Article 2 of the Charter 
     of the United Nations, and is a threat to the sovereignty of 
     the United States under the Constitution of the United 
     States.
       (b) Policy of the United States Regarding the Rome 
     Statute.--
       (1) Policy.--
       (A) Intention to remain outside the statute.--It is the 
     policy of the United States that the United States will not 
     become a state party to the Rome Statute.
       (B) Finding regarding the legal status of the international 
     criminal court and the preparatory commission.--Because the 
     United States has not ratified the Rome Statute as a treaty 
     under Article II, Section 2, Clause 2, of the Constitution of 
     the United States, Congress finds the International Criminal 
     Court and the Preparatory Commission are not judicial bodies 
     or instruments of international law with respect to the 
     United States or to citizens of the United States.
       (2) Diplomatic communication of policy.--
       (A) Transmittal of intent to the united nations.--It is the 
     sense of Congress that the President should provide written 
     notification to the Secretary-General of the United Nations 
     of the policy contained in paragraph (1).
       (B) Instructions to united states representatives.--It is 
     the sense of Congress that the President should instruct all 
     representatives of the United States in any international 
     forum or setting, including any forum regarding the 
     availability of funds, to put forward, as United States 
     policy regarding the International Criminal

[[Page 18188]]

     Court and the Preparatory Commission, the policy contained in 
     paragraph (1).

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

       (a) Authority To Initially Waive Sections  1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one year. Such a waiver may be issued only if the President 
     at least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections  1405 and 
     1407.--The President is authorized to waive the prohibitions 
     and requirements of sections 1405 and 1407 for successive 
     periods of one year each upon the expiration of a previous 
     waiver pursuant to subsection (a) or this subsection. Such a 
     waiver 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 1405 and 1407 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree they 
     would prevent United States cooperation with an investigation 
     or prosecution of a named individual by the International 
     Criminal Court. Such a waiver may be issued only if the 
     President at least 15 days in advance of exercising such 
     authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 1405 and 1407 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).

     SEC. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Construction.--The provisions of this section--
       (1) apply only to the International Criminal Court 
     established by the Rome Statute; and
       (2) shall not be construed to prohibit--
       (A) any action permitted under section 1408;
       (B) any other action taken by members of the Armed Forces 
     of the United States outside the territory of the United 
     States while engaged in military operations involving the 
     threat or use of force when necessary to protect such 
     personnel from harm or to ensure the success of such 
     operations; or
       (C) communication by the United States to the International 
     Criminal Court of its policy with respect to a particular 
     matter.
       (b) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--No funds available to any United States 
     agency, entity, or court may be used to provide any 
     assistance under any treaty or executive agreement for mutual 
     legal assistance in any criminal matter, any multilateral 
     convention with legal assistance provisions, or any 
     extradition treaty, to which the United States is a party, or 
     in connection with the execution or issuance of any letter 
     rogatory, to the International Criminal Court.
       (c) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 1405. CONDITIONS FOR THE PROTECTION OF 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 by the International 
     Criminal Court for actions undertaken by such personnel in 
     connection with the operation.
       (b) Restriction.--No funds available to any United States 
     agency or entity may be used for the participation of any 
     member of the Armed Forces of the United States 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 
     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 by the 
     International Criminal Court because--
       (1) 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 by the International 
     Criminal Court for actions undertaken by them in connection 
     with the operation; or
       (2) the United States has taken other appropriate steps to 
     guarantee that members of the Armed Forces of the United 
     States participating in the operation will not be prosecuted 
     by the International Criminal Court for actions undertaken by 
     such personnel in connection with the operation.

     SEC. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CERTAIN CLASSIFIED NATIONAL SECURITY 
                   INFORMATION TO THE INTERNATIONAL CRIMINAL 
                   COURT.

       (a) Direct Transfer.--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 to the 
     International Criminal Court.
       (b) Indirect Transfer.--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 
     relevant to matters under consideration by the International 
     Criminal Court to the United Nations and to the government of 
     any country that is a party to the International Criminal 
     Court unless the United Nations or that government, as the 
     case may be, has provided written assurances that such 
     information will not be made available to the International 
     Criminal Court.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     1408.

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

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), no United States military assistance 
     may be provided to the government of a country that is a 
     party to the International Criminal Court.

[[Page 18189]]

       (b) Waiver.--The President may waive the prohibition of 
     subsection (a) with respect to a particular country--
       (1) for one or more periods not exceeding one year each, if 
     the President determines and reports to the appropriate 
     congressional committees that it is vital to the national 
     interest of the United States to waive such prohibition; and
       (2) permanently, if the President 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.
       (c) 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, inter alia, Israel, 
     Australia, Egypt, Japan, the Republic of Korea, and New 
     Zealand); or
       (3) Taiwan.

     SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   HELD CAPTIVE 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 
     from captivity of any person described in subsection (b) who 
     is being detained or imprisoned against that person's will by 
     or on behalf 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, 
     prosecuted, or imprisoned by or on behalf of the 
     International Criminal Court, the authority under subsection 
     (a) may be used--
       (1) for the provision of 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); and
       (2) for the provision of exculpatory evidence on behalf of 
     that person.
       (d) Bribes and Other Inducements Not Authorized.--
     Subsection (a) does not authorize the payment of bribes or 
     the provision of other incentives to induce the release from 
     captivity of a person described in subsection (b).

     SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President shall transmit to the appropriate congressional 
     committees a report with respect to each military alliance to 
     which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President shall transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 1410. NONDELEGATION.

       The authorities vested in the President by sections 1403, 
     1405(c), and 1407(b) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law.

     SEC. 1411. DEFINITIONS.

       As used in this Act and in sections 705 and 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, inter alia, Israel, Australia, Egypt, Japan, 
     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, other United States citizens, and 
     any other person 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'' 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) 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.
       (9) 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.
       (10) 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.
       (11) Support.--The term ``support'' means assistance of any 
     kind, including financial support, material support, 
     services, intelligence sharing, law enforcement cooperation, 
     the training or detail of personnel, and the arrest or 
     detention of individuals.
       (12) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapters 2 through 6 of part 
     II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et 
     seq.);
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees; or
       (C) military training or education activities provided by 
     any agency or entity of the United States Government.

     Such term does not include activities reportable under title 
     V of the National Security Act of 1947 (50 U.S.C. 413 et 
     seq.).
                                  ____

  SA 1769. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the bill, add the following:

               TITLE __EQUAL PROTECTION OF VOTING RIGHTS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Equal Protection of Voting 
     Rights Act of 2001''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.

[[Page 18190]]

       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic Government ``of the people, by 
     the people, and for the people'' where every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural, 
     physical, and technological obstacles to voting.
       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a concern that persons with disabilities and 
     impairments face difficulties in voting.
       (7) There are practices designed to purge illegal voters 
     from voter rolls which result in the elimination of legal 
     voters as well.
       (8) State governments have already begun to examine ways to 
     improve the administration of elections and to modernize 
     mechanisms and machinery for voting.
       (9) Congress has authority under section 4 of article I of 
     the Constitution of the United States, section 5 of the 14th 
     amendment to the Constitution of the United States, and 
     section 2 of the 15th amendment to the Constitution of the 
     United States to enact legislation to address the equal 
     protection violations that may be caused by outdated voting 
     systems.
       (10) Congress has an obligation to ensure that the 
     necessary resources are available to States and localities to 
     improve election technology and election administration and 
     to ensure the integrity of and full participation of all 
     Americans in the democratic elections process.

         Subtitle A--Commission on Voting Rights and Procedures

     SEC. __11. ESTABLISHMENT OF THE COMMISSION ON VOTING RIGHTS 
                   AND PROCEDURES.

       There is established the Commission on Voting Rights and 
     Procedures (in this subtitle referred to as the 
     ``Commission'').

     SEC. __12. MEMBERSHIP OF THE COMMISSION.

       (a) Number and Appointment.--The Commission shall be 
     composed of 12 members of whom:
       (1) 6 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Minority Leader of 
     the Senate (or, if the Minority Leader is a member of the 
     same political party as the President, by the Majority Leader 
     of the Senate); and
       (3) 3 members shall be appointed by the Minority Leader of 
     the House of Representatives (or, if the Minority Leader is a 
     member of the same political party as the President, by the 
     Majority Leader of the House of Representatives).
       (b) Qualifications.--Each member appointed under subsection 
     (a) shall be chosen on the basis of--
       (1) experience with, and knowledge of--
       (A) election law;
       (B) election technology;
       (C) Federal, State, or local election administration;
       (D) the Constitution; or
       (E) the history of the United States; and
       (2) integrity, impartiality, and good judgment.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member shall be appointed 
     for the life of the Commission.
       (2) Vacancies.--
       (A) In general.--A vacancy in the Commission shall not 
     affect its powers.
       (B) Manner of replacement.--Not later than 60 days after 
     the date of the vacancy, a vacancy on the Commission shall be 
     filled in same manner as the original appointment was made 
     and shall be subject to any conditions which applied with 
     respect to the original appointment.
       (d) Chairperson; Vice Chairperson.--
       (1) In general.--The Commission shall elect a chairperson 
     and vice chairperson from among its members.
       (2) Political affiliation.--The chairperson and vice 
     chairperson may not be affiliated with the same political 
     party.
       (e) Date of Appointment.--The appointments of the members 
     of the Commission shall be made not later than the date that 
     is 45 days after the date of enactment of this title.
       (f) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the chairperson.
       (2) Initial meeting.--Not later than 20 days after the date 
     on which all the members of the Commission have been 
     appointed, the Commission shall hold its first meeting.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Voting.--Each action of the Commission shall be 
     approved by a majority vote of the entire Commission. Each 
     member shall have 1 vote.

     SEC. __13. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--The Commission shall conduct a thorough 
     study of--
       (A) election technology and systems;
       (B) designs of ballots and the uniformity of ballots;
       (C) access to ballots and polling places, including timely 
     notice of voting locations and matters relating to access 
     for--
       (i) voters with disabilities;
       (ii) voters with visual impairments;
       (iii) voters with limited English language proficiency;
       (iv) voters who need assistance in order to understand the 
     voting process or how to cast a ballot; and
       (v) other voters with special needs;
       (D) the effect of the capacity of voting systems on the 
     efficiency of election administration, including how the 
     number of ballots which may be processed by a single machine 
     over a period of time affects the number of machines needed 
     to carry out an election at a particular polling place and 
     the number of polling places and other facilities necessary 
     to serve the voters;
       (E) voter registration and maintenance of voter rolls, 
     including the use of provisional voting and standards for 
     reenfranchisement of voters;
       (F) alternative voting methods;
       (G) voter intimidation, both real and perceived;
       (H) accuracy of voting, election procedures, and election 
     technology;
       (I) voter education;
       (J) election personnel and volunteer training;
       (K)(i) the implementation of title I of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 
     seq.) and the amendments made by title II of that Act by--
       (I) the Secretary of Defense, acting as the Presidential 
     designee under section 101 of that Act (42 U.S.C. 1973ff);
       (II) each other Federal Government official having 
     responsibilities under that Act; and
       (III) each State; and
       (ii) whether any legislative or administrative action is 
     necessary to provide a meaningful opportunity for each absent 
     uniformed services voter (as defined in section 107(1) of 
     that Act (42 U.S.C. 1973ff-6(1))) and each overseas voter (as 
     defined in section 107(5) of that Act (42 U.S.C. 1973ff-
     6(5))) to register to vote and vote in elections for Federal 
     office;
       (L) the feasibility and advisability of establishing the 
     date on which elections for Federal office are held as a 
     Federal or State holiday;
       (M) the feasibility and advisability of establishing 
     modified polling place hours, and the effects thereof; and
       (N)(i) how the Federal Government can, on a permanent 
     basis, best provide ongoing assistance to State and local 
     authorities to improve the administration of elections for 
     Federal office;
       (ii) how the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31 can, on 
     a permanent basis, best be administered; and
       (iii) whether an existing or a new Federal agency should 
     provide such assistance.
       (2) Website.--In addition to any other publication 
     activities the Commission may be required to carry out, for 
     purposes of conducting the study under this subsection the 
     Commission shall establish an Internet website to facilitate 
     public comment and participation.
       (b) Recommendations.--
       (1) Recommendations of best practices in voting and 
     election administration.--The Commission shall develop 
     specific recommendations with respect to the matters studied 
     under subsection (a) that identify those methods of voting 
     and administering elections studied by the Commission that 
     would--
       (A) be convenient, accessible, nondiscriminatory, and easy 
     to use for voters in elections for Federal office, including 
     voters with disabilities, voters with visual impairments, 
     absent uniformed services voters, overseas voters, and other 
     voters with special needs, including voters with limited 
     English proficiency or who otherwise need assistance in order 
     to understand the voting process or to cast a ballot;
       (B) yield the broadest participation; and
       (C) produce accurate results.
       (2) Recommendations for providing assistance in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a)(1)(N) on how the Federal Government can, on a 
     permanent basis, best provide ongoing assistance to State and 
     local authorities to improve the administration of elections 
     for Federal office, and identify whether an existing or a new 
     Federal agency should provide such assistance.
       (3) Recommendations for voter participation in federal 
     elections.--The Commission shall develop specific 
     recommendations with respect to the matters studied under 
     subsection (a) on methods--
       (A) to increase voter registration;
       (B) to increase the accuracy of voter rolls and 
     participation and inclusion of legal voters;
       (C) to improve voter education; and
       (D) to improve the training of election personnel and 
     volunteers.
       (4) Consistency with election technology and administration 
     requirements.--The Commission shall ensure that the specific 
     recommendations developed under this subsection are 
     consistent with the uniform and

[[Page 18191]]

     nondiscriminatory election technology and administration 
     requirements under section __31.
       (c) Reports.--
       (1) Interim reports.--Not later than the date on which the 
     Commission submits the final report under paragraph (2), the 
     Commission may submit to the President and Congress such 
     interim reports as a majority of the members of the 
     Commission determine appropriate.
       (2) Final report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this title, the Commission shall submit to the 
     President and Congress a final report that has received the 
     approval of a majority of the members of the Commission.
       (B) Content.--The final report shall contain--
       (i) a detailed statement of the findings and conclusions of 
     the Commission on the matters studied under subsection (a);
       (ii) a detailed statement of the recommendations developed 
     under subsection (b) which received a majority vote of the 
     members of the Commission; and
       (iii) any dissenting or minority opinions of the members of 
     the Commission.

     SEC. __14. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this subtitle--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission (or such subcommittee or 
     member) considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Any subpoena issued under subsection (a) 
     shall be issued by the chairperson and vice chairperson of 
     the Commission acting jointly. Each subpoena shall bear the 
     signature of the chairperson of the Commission and shall be 
     served by any person or class of persons designated by the 
     chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this subtitle. Upon request of the chairperson and vice 
     chairperson of the Commission, acting jointly, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (f) Administrative Support Services.--Upon the request of 
     the chairperson and vice chairperson of the Commission, 
     acting jointly, the Administrator of the General Services 
     Administration shall provide to the Commission, on a 
     reimbursable basis, the administrative support services that 
     are necessary to enable the Commission to carry out its 
     duties under this subtitle.
       (g) Gifts and Donations.--The Commission may accept, use, 
     and dispose of gifts or donations of services or property to 
     carry out this subtitle.
       (h) Application of Federal Advisory Committee Act.--Except 
     as otherwise provided in this subtitle, the Commission shall 
     be subject to the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. __15. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The chairperson and vice chairperson of 
     the Commission, acting jointly, may, without regard to the 
     civil service laws and regulations, appoint and terminate an 
     executive director and such other additional personnel as may 
     be necessary to enable the Commission to perform its duties. 
     The employment of an executive director shall be subject to 
     confirmation by the Commission.
       (2) Compensation.--The chairperson and vice chairperson of 
     the Commission, acting jointly, may fix the compensation of 
     the executive director and other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The chairperson and vice chairperson of the Commission, 
     acting jointly, may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.

     SEC. __16. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 45 days after the date on 
     which the Commission submits its final report and 
     recommendations under section __13(c)(2).

     SEC. __17. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   COMMISSION.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the purposes of 
     this subtitle.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.

 Subtitle B--Election Technology and Administration Improvement Grant 
                                Program

     SEC. __21. ESTABLISHMENT OF GRANT PROGRAM.

       (a) In General.--The Attorney General, subject to the 
     general policies and criteria for the approval of 
     applications established under section __23 and in 
     consultation with the Federal Election Commission, is 
     authorized to make grants to States and localities to pay the 
     Federal share of the costs of the activities described in 
     section __22.
       (b) Action Through Office of Justice Programs and Assistant 
     Attorney General for Civil Rights.--In carrying out this 
     subtitle, the Attorney General shall act through the 
     Assistant Attorney General for the Office of Justice Programs 
     and the Assistant Attorney General for the Civil Rights 
     Division.

     SEC. __22. AUTHORIZED ACTIVITIES.

       (a) In General.--A State or locality may use grant payments 
     received under this subtitle--
       (1) to improve, acquire, or replace voting equipment or 
     technology and improve the accessibility of polling places, 
     including providing physical access for persons with 
     disabilities and to other individuals with special needs, and 
     nonvisual access for voters with visual impairments, and 
     assistance to voters with limited proficiency in the English 
     language;
       (2) to implement new election administration procedures to 
     increase voter participation and reduce disenfranchisement, 
     such as ``same-day'' voter registration procedures;
       (3) to educate voters concerning voting procedures, voting 
     rights or voting technology, and to train election personnel; 
     or
       (4) upon completion of the final report under section 
     __13(c)(2), to implement recommendations contained in such 
     report under section __13(c)(2)(B)(ii).
       (b) Requirements for Election Technology and 
     Administration.--A State or locality may use grant payments 
     received under this subtitle--
       (1) on or after the date on which the voting system 
     requirements specifications are issued under section __32(a), 
     to implement the requirements under section __31(a);
       (2) on or after the date on which the provisional voting 
     requirements guidelines are issued under section __32(b), to 
     implement the requirements under section __31(b); and
       (3) on or after the date on which the sample ballot 
     requirements guidelines are issued under section __32(c), to 
     implement the requirements under section __31(c).

     SEC. __23. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF 
                   APPLICATIONS OF STATES AND LOCALITIES; 
                   REQUIREMENTS OF STATE PLANS.

       (a) General Policies.--The Attorney General shall establish 
     general policies with respect to the approval of applications 
     of States and localities, the awarding of grants, and the use 
     of assistance made available under this subtitle.

[[Page 18192]]

       (b) Criteria.--
       (1) In general.--The Attorney General shall establish 
     criteria with respect to the approval of applications of 
     States and localities submitted under section __24, including 
     the requirements for State plans under paragraph (2).
       (2) Requirements of state plans.--The Attorney General 
     shall not approve an application of a State unless the State 
     plan of that State provides for each of the following:
       (A) Uniform nondiscriminatory voting standards within the 
     State for election administration and technology that--
       (i) meet the requirements for voting systems, provisional 
     voting, and sample ballots described in section __31;
       (ii) provide for ease and convenience of voting for all 
     voters, including accuracy, nonintimidation, and 
     nondiscrimination;
       (iii) ensure conditions for voters with disabilities, 
     including nonvisual access for voters with visual 
     impairments, provide the same opportunity for access and 
     participation by such voters, including privacy and 
     independence;
       (iv) ensure access for voters with limited English language 
     proficiency, voters who need assistance in order to 
     understand the voting process or how to cast a ballot, and 
     other voters with special needs;
       (v) ensure compliance with the Voting Accessibility for the 
     Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.);
       (vi) ensure compliance with the Voting Rights Act of 1965 
     (42 U.S.C. 1973 et seq.), including sections 4(f)(4) and 203 
     of such Act (42 U.S.C. 1973b(f)(4) and 1973aa-1a);
       (vii) ensure compliance with the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.); and
       (viii) ensure that overseas voters and absent uniformed 
     service voters (as such terms are defined in section 107 of 
     the Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6)) have a meaningful opportunity to exercise 
     their voting rights as citizens of the United States.
       (B) Accuracy of the records of eligible voters in the 
     States to ensure that legally registered voters appear in 
     such records and prevent any purging of such records to 
     remove illegal voters that result in the elimination of legal 
     voters as well.
       (C) Voter education programs regarding the right to vote 
     and methodology and procedures for participating in elections 
     and training programs for election personnel and volunteers, 
     including procedures to carry out subparagraph (D).
       (D) An effective method of notifying voters at polling 
     places on the day of election of basic voting procedures to 
     effectuate their vote as provided for in State and Federal 
     law.
       (E) A timetable for meeting the elements of the plan.
       (3) Consistency with election technology and administration 
     requirements.--The criteria established by the Attorney 
     General under this subsection and the State plans required 
     under this subsection shall be consistent with the uniform 
     and nondiscriminatory election technology and administration 
     requirements under section __31.
       (c) Consultation.--In establishing the general policies and 
     criteria under this section, the Attorney General shall 
     consult with the Federal Election Commission.

     SEC. __24. SUBMISSION OF APPLICATIONS OF STATES AND 
                   LOCALITIES.

       (a) Submission of Applications by States.--
       (1) In general.--Subject to paragraph (3), the chief 
     executive officer of each State desiring to receive a grant 
     under this subtitle shall submit an application to the 
     Attorney General at such time, in such manner, and 
     accompanied by such additional information as the Attorney 
     General, in consultation with the Federal Election 
     Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     under paragraph (1) shall include the following:
       (A) State plan.--A State plan that--
       (i) is developed in consultation with State and local 
     election officials;
       (ii) describes the activities authorized under section __22 
     for which assistance under this subtitle is sought; and
       (iii) contains a detailed explanation of how the State will 
     comply with the requirements described in section __23(b).
       (B) Compliance with federal matching requirements.--An 
     assurance that the State will pay the non-Federal share of 
     the costs of the activities for which assistance is sought 
     from non-Federal sources that may be accompanied by a request 
     for a waiver of the matching requirements under section 
     __26(b)(2).
       (C) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.
       (3) Availability of state plans for review and comment.--A 
     State submitting an application under this section shall make 
     the State plan proposed to be included in that application 
     available to the public for review and comment prior to the 
     submission of the application.
       (b) Submission of Applications by Localities.--
       (1) In general.--If a State has submitted an application 
     under subsection (a), a locality of that State may submit an 
     application for assistance to the Attorney General at such 
     time, in such manner, and accompanied by such additional 
     information as the Attorney General, in consultation with the 
     Federal Election Commission, may reasonably require.
       (2) Contents of applications.--Each application submitted 
     by a locality under paragraph (1) shall include the 
     following:
       (A) Consistency with state plan.--Information similar to 
     the information required to be submitted under the State plan 
     under subsection (a)(2)(A) that is not inconsistent with that 
     plan.
       (B) Nonduplication of effort.--Assurances that any 
     assistance directly provided to the locality under this 
     subtitle is not available to that locality through the State.
       (C) Compliance with federal matching requirements.--A 
     description of how the locality will pay the non-Federal 
     share from non-Federal sources that may be accompanied by a 
     request for a waiver of the matching requirements under 
     section __26(b)(2).
       (D) Additional assurances.--Such additional assurances as 
     the Attorney General, in consultation with the Federal 
     Election Commission, determines to be essential to ensure 
     compliance with the requirements of this subtitle.

     SEC. __25. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.

       (a) Approval of State Applications.--
       (1) In general.--The Attorney General, in consultation with 
     the Federal Election Commission, shall approve applications 
     in accordance with the general policies and criteria for the 
     approval of applications established under section __23.
       (2) Publication of state plans and solicitation of 
     comments.--After receiving an application of a State 
     submitted under section __24(a)(1), the Attorney General 
     shall publish the State plan contained in that application in 
     the Federal Register and solicit comments on the plan from 
     the public. The publication of and the solicitation of 
     comments on such a plan pursuant to this subsection shall not 
     be treated as an exercise of rulemaking authority by the 
     Attorney General for purposes of subchapter II of chapter 5 
     of title 5, United States Code.
       (3) Approval.--At any time after the expiration of the 30-
     day period which begins on the date the State plan is 
     published in the Federal Register under subsection (a), and 
     taking into consideration any comments received under such 
     subsection, the Attorney General, in consultation with the 
     Federal Election Commission, shall approve or disapprove the 
     application that contains the State plan published under 
     paragraph (2) in accordance with the general policies and 
     criteria established under section __23.
       (b) Approval of Applications of Localities.--If the 
     Attorney General has approved the application of a State 
     under subsection (a), the Attorney General, in consultation 
     with the Federal Election Commission, may approve an 
     application submitted by a locality of that State under 
     section __24(b) in accordance with the general policies and 
     criteria established under section __23.

     SEC. __26. FEDERAL MATCHING FUNDS.

       (a) Payments.--The Attorney General shall pay to each State 
     or locality having an application approved under section __25 
     the Federal share of the cost of the activities described in 
     that application.
       (b) Federal Share.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     for purposes of subsection (a), the Federal share shall be 80 
     percent.
       (2) Waiver.--The Attorney General may specify a Federal 
     share greater than 80 percent under terms and conditions 
     consistent with this subtitle.
       (3) Incentive for early action.--For any recipient of a 
     grant whose application was received prior to March 1, 2002, 
     the Federal share shall be 90 percent.
       (4) Reimbursement for cost of meeting requirements.--With 
     respect to the authorized activities described in section 
     __22(b) insofar as a State or locality incurs expenses to 
     meet the requirements of section __31, the Federal share 
     shall be 100 percent.
       (c) Non-Federal Share.--The non-Federal share of payments 
     under this subtitle may be in cash or in kind fairly 
     evaluated, including planned equipment or services.

     SEC. __27. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

       (a) Recordkeeping Requirement.--Each recipient of a grant 
     under this subtitle shall keep such records as the Attorney 
     General, in consultation with the Federal Election 
     Commission, shall prescribe.
       (b) Audit and Examination.--The Attorney General and the 
     Comptroller General, or any authorized representative of the 
     Attorney General or the Comptroller General, shall audit any 
     recipient of a grant under this subtitle and shall have 
     access to any record of a recipient of a grant under this 
     subtitle that the Attorney General or the Comptroller General 
     determines may be related to a grant received under this 
     subtitle for the purpose of conducting an audit or 
     examination.

     SEC. __28. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

       (a) Reports to Congress.--Not later than January 31, 2003, 
     and each year thereafter,

[[Page 18193]]

     the Attorney General shall submit to the President and 
     Congress a report on the program under this subtitle for the 
     preceding year. Each report shall contain the following:
       (1) A description and analysis of any activities funded by 
     a grant awarded under this subtitle.
       (2) Any recommendation for legislative or administrative 
     action that the Attorney General considers appropriate.
       (b) Reports to the Attorney General.--The Attorney General 
     shall require each recipient of a grant under this subtitle 
     to submit reports to the Attorney General, at such time, in 
     such manner, and containing such information as the Attorney 
     General considers appropriate.

     SEC. __29. DEFINITIONS OF STATE AND LOCALITY.

       In this subtitle:
       (1) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, American Samoa, Guam, and the United States Virgin 
     Islands.
       (2) Locality.--The term ``locality'' means a political 
     subdivision of a State.

     SEC. __30. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Justice such sums as may be necessary for 
     each of fiscal years 2002, 2003, 2004, 2005, and 2006.
       (2) Use of amounts.--Amounts appropriated under paragraph 
     (1) shall be for the purpose of--
       (A) awarding grants under this title; and
       (B) paying for the costs of administering the program to 
     award such grants.
       (3) Federal election commission.--There are authorized to 
     be appropriated to the Federal Election Commission for each 
     of fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as 
     may be necessary for the purpose of carrying out the 
     provisions of this title.
       (b) Limitation.--Not more than 1 percent of any sums 
     appropriated under paragraph (1) of subsection (a) may be 
     used to pay for the administrative costs described in 
     paragraph (2)(B) of such subsection.

  Subtitle C--Requirements for Election Technology and Administration

     SEC. __31. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR 
                   ELECTION TECHNOLOGY AND ADMINISTRATION.

       (a) Voting Systems.--Each voting system used in an election 
     for Federal office shall meet the following requirements:
       (1) The voting system shall permit the voter to verify the 
     votes selected by the voter on a ballot before the ballot is 
     cast and tabulated, and shall provide the voter with the 
     opportunity to correct any error before the ballot is cast 
     and tabulated.
       (2) If the voter selects votes for more than one candidate 
     for a single office, the voting system shall notify the voter 
     before the ballot is cast and tabulated of the effect of 
     casting multiple votes for the office, and shall provide the 
     voter with the opportunity to correct the ballot before the 
     ballot is cast and tabulated.
       (3) If the voter selects votes for fewer than the number of 
     candidates for which votes may be cast, the voting system 
     shall notify the voter before the ballot is cast and 
     tabulated of the effect of such selection, and shall provide 
     the voter with the opportunity to correct the ballot before 
     the ballot is cast and tabulated.
       (4) The voting system shall produce a record with an audit 
     capacity for each ballot cast.
       (5) The voting system shall be accessible for individuals 
     with disabilities and other individuals with special needs, 
     including providing nonvisual accessibility for the blind and 
     visually impaired, which provides the same opportunity for 
     access and participation (including privacy and independence) 
     as for other voters, and shall provide alternative language 
     accessibility for individuals with limited proficiency in the 
     English language.
       (6) The error rate of a voting system in counting and 
     tabulating ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to the act of the voter) shall not exceed 
     the error rate standards as established in the national 
     Voting Systems Standards issued and maintained by the Office 
     of Election Administration of the Federal Election Commission 
     in effect on the date of enactment of this title and shall 
     not be inconsistent with respect to the requirements under 
     this section.
       (b) Provisional Voting.--If the name of an individual who 
     declares to be a registrant eligible to vote at a polling 
     place in an election for Federal office does not appear on 
     the official list of registrants eligible to vote at the 
     polling place, or it is otherwise asserted by an election 
     official that the individual is not eligible to vote at the 
     polling place--
       (1) an election official at the polling place shall notify 
     the individual that the individual may cast a provisional 
     ballot in the election;
       (2) the individual shall be permitted to cast a vote at 
     that polling place upon written affirmation by the individual 
     before an election official at that polling place that the 
     individual is so eligible;
       (3) an election official at the polling place shall 
     transfer the ballot cast by the individual to an appropriate 
     State or local election official for prompt verification of 
     the declaration made by the individual in the affirmation 
     required under paragraph (2);
       (4) if the appropriate State or local election official 
     verifies the declaration made by the individual in the 
     affirmation, the individual's vote shall be tabulated; and
       (5) the appropriate State or local election official shall 
     notify the individual in writing of the final disposition of 
     the individual's affirmation and the treatment of the 
     individual's vote.
       (c) Sample Ballot.--
       (1) Mailings to voters.--Not later than 10 days prior to 
     the date of an election for Federal office, the appropriate 
     election official shall mail to each individual who is 
     registered to vote in such election a sample version of the 
     ballot which will be used for the election together with--
       (A) information regarding the date of the election and the 
     hours during which polling places will be open;
       (B) instructions on how to cast a vote on the ballot; and
       (C) general information on voting rights under Federal and 
     applicable State laws and instructions on how to contact the 
     appropriate officials if these rights are alleged to be 
     violated.
       (2) Publication and posting.--The sample version of the 
     ballot which will be used for an election for Federal office 
     and which is mailed under paragraph (1) shall be published in 
     a newspaper of general circulation in the applicable 
     geographic area not later than 10 days prior to the date of 
     the election, and shall be posted publicly at each polling 
     place on the date of the election.

     SEC. __32. GUIDELINES AND TECHNICAL SPECIFICATIONS.

       (a) Voting Systems Requirement Specifications.--In 
     accordance with the requirements of this subtitle regarding 
     technical specifications, the Office of Election 
     Administration of the Federal Election Commission shall 
     develop national Voting Systems Specifications with respect 
     to the voting systems requirement provided under section 
     __31(a).
       (b) Provisional Voting Guidelines.--In accordance with the 
     requirements of this subtitle regarding provisional voting, 
     the Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the provisional 
     voting requirement provided for under section __31(b).
       (c) Sample Ballot Guidelines.--In accordance with the 
     requirements of this subtitle regarding sample ballots, the 
     Civil Rights Division of the Department of Justice shall 
     develop initial guidelines with respect to the sample ballot 
     requirement provided for under section __31(c).

     SEC. __33. REQUIRING STATES TO MEET REQUIREMENTS.

       (a) In General.--Subject to subsection (b), a State or 
     locality shall meet the requirements of section __31 with 
     respect to the regularly scheduled election for Federal 
     office held in the State in 2004 and each subsequent election 
     for Federal office held in the State, except that a State is 
     not required to meet the guidelines and technical 
     specifications under section __32 prior to the publication of 
     such guidelines and specifications.
       (b) Treatment of Activities Relating to Voting Systems 
     Under Grant Program.--To the extent that a State has used 
     funds provided under the Election Technology and 
     Administration Improvement grant program under section 
     __22(a) to purchase or modify voting systems in accordance 
     with the State plan contained in its approved application 
     under such program, the State shall be deemed to meet the 
     requirements of section __31(a).

     SEC. __34. ENFORCEMENT BY ATTORNEY GENERAL.

       (a) In General.--The Attorney General may bring a civil 
     action in an appropriate district court for such relief 
     (including declaratory or injunctive relief) as may be 
     necessary to carry out this subtitle.
       (b) Action Through Office of Civil Rights.--The Attorney 
     General shall carry out this section through the Office of 
     Civil Rights of the Department of Justice.
       (c) Relation to Other Laws.--The remedies established by 
     this section are in addition to all other rights and remedies 
     provided by law.

                       Subtitle D--Miscellaneous

     SEC. __41. RELATIONSHIP TO OTHER LAWS.

       (a) In General.--Nothing in this title may be construed to 
     authorize or require conduct prohibited under the following 
     laws, or supersede, restrict, or limit such laws:
       (1) The National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.).
       (2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
       (3) The Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (4) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     1994 et seq.).
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--

[[Page 18194]]

     The approval by the Attorney General of a State's application 
     for a grant under subtitle B, or any other action taken by 
     the Attorney General or a State under such subtitle, shall 
     not be considered to have any effect on requirements for 
     preclearance under section 5 of the Voting Rights Act of 1965 
     or any other requirements of such Act.
                                  ____

  SA 1770. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1066. PROTECTION OF WORKER HEALTH AT IOWA ARMY 
                   AMMUNITION PLANT, IOWA.

       (a) Findings.--Congress makes the following findings:
       (1) Workers at the Atomic Energy Commission nuclear weapons 
     production facility at the Iowa Army Ammunition Plant, Iowa 
     (IAAP), from 1947 to 1975 were exposed to radioactive and 
     other hazardous substances that could harm their health.
       (2) Workers at the Army plant at the IAAP worked for the 
     same contractor as workers in the nuclear weapons production 
     facility, at the same site, and sometimes in buildings that 
     had been used for nuclear weapons work. Workers at the Army 
     plant were exposed to many of the radioactive and other 
     hazardous substances to which workers at the Atomic Energy 
     Commission facility were exposed. Some workers worked at both 
     the Atomic Energy Commission facility and the Army plant.
       (3) The policy of the Department of Defense to neither 
     confirm nor deny the presence of nuclear weapons at any site 
     has prevented the Department from acknowledging the reason 
     for some exposures of workers to radioactive or other 
     hazardous substances at Department facilities, and secrecy 
     oaths have discouraged some workers from discussing possible 
     exposure to such substances at such facilities with their 
     health care providers and other officials.
       (4) The Department of Energy has publicly acknowledged that 
     nuclear weapons were manufactured and dismantled at the IAAP 
     before the plant was closed more than 25 years ago.
       (5) In the past, the Department of Defense has publicly 
     acknowledged that the United States had nuclear weapons in 
     Alaska, Hawaii, Puerto Rico, Guam, Johnston Island, Midway 
     Islands, the United Kingdom, West Germany, and Cuba, but has 
     denied having weapons in Iceland.
       (6) The Department of the Army in 1999 requested permission 
     to release the names of Army installations that were former 
     nuclear weapons storage sites, and to release information 
     about such sites, but such permission was not granted.
       (7) Section 1078 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted by Public 
     Law 106-398; 114 Stat. 1654A-282) requires the Secretary of 
     Defense--
       (A) to review Department of Defense classification and 
     security policies;
       (B) to identify and notify former employees of defense 
     nuclear weapons facilities who may have been exposed to 
     radioactive or hazardous substances associated with nuclear 
     weapons at such facilities; and
       (C) to submit to Congress a report on such actions by May 
     1, 2001.
       (8) It is critical to maintain national secrets regarding 
     nuclear weapons, but more openness on nuclear weapons 
     activities now consigned to history is needed to protect the 
     health of former workers at defense nuclear weapons 
     production facilities and the public.
       (b) Modification of General Requirements.--Section 1078(b) 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 
     1654A-283) is amended--
       (1) in paragraph (1), by inserting ``, or its contractors 
     or subcontractors,'' after ``Department of Defense''; and
       (2) in paragraph (3), by striking ``stored, assembled, 
     disassembled, or maintained'' and inserting ``manufactured, 
     assembled, or disassembled''.
       (c) Determination of Exposures at IAAP.--The Secretary of 
     Defense shall take appropriate actions to determine the 
     nature and extent of the exposure of current and former 
     employees at the Army facility at the Iowa Army Ammunition 
     Plant, Iowa, including contractor and subcontractor employees 
     at the facility, to radioactive or other hazardous substances 
     at the facility, including possible pathways for the exposure 
     of such employees to such substances.
       (d) Notification of Employees Regarding Exposure.--(1) The 
     Secretary shall take appropriate actions to--
       (A) identify current and former employees at the facility 
     referred to in subsection (c), including contractor and 
     subcontractor employees at the facility; and
       (B) notify such employees of known or possible exposures to 
     radioactive or other hazardous substances at the facility.
       (2) Notice under paragraph (1)(B) shall include--
       (A) information on the discussion of exposures covered by 
     such notice with health care providers and other appropriate 
     persons who do not hold a security clearance; and
       (B) if necessary, appropriate guidance on contacting health 
     care providers and officials involved with cleanup of the 
     facility who hold an appropriate security clearance.
       (3) Notice under paragraph (1)(B) shall be by mail or other 
     appropriate means, as determined by the Secretary.
       (e) Deadline for Actions.--The Secretary shall complete the 
     actions required by subsections (c) and (d) not later than 60 
     days after the date of the enactment of this Act.
       (f) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report setting forth the results of the 
     actions undertaken by the Secretary under this section, 
     including any determinations under subsection (c), the number 
     of workers identified under subsection (d)(1)(A), the content 
     of the notice to such workers under subsection (d)(1)(B), and 
     the status of progress on the provision of the notice to such 
     workers under subsection (d)(1)(B).
                                  ____

  SA 1771. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. BIG CROW PROGRAM AND DEFENSE SYSTEMS EVALUATION 
                   PROGRAM.

       (a) Increase in Authorization of Appropriations for 
     Research, Development, Test, and Evaluation, Defense-Wide.--
     The amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-
     wide, is hereby increased by $8,000,000, with the amount of 
     the increase to be available for operational test and 
     evaluation (PE605118D).
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 201(4), as increased by subsection 
     (a)--
       (1) $6,600,000 shall be available for the Big Crow program; 
     and
       (2) $1,500,000 shall be available for the Defense Systems 
     Evaluation (DSE) program.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $8,000,000.
                                  ____

  SA 1772. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 217, strike line 18 and all that follows 
     through page 226, line 17, and insert the following:

               Subtitle A--TRICARE Benefits Modernization

     SEC. 701. REQUIREMENT FOR INTEGRATION OF BENEFITS.

       (a) In General.--The Secretary of Defense shall--
       (1) terminate the Individual Case Management Program 
     carried out under section 1079(a)(17) of title 10, United 
     States Code (as in effect on September 30, 2001); and
       (2) integrate the beneficiaries under that program, and the 
     furnishing of care to those beneficiaries, into the TRICARE 
     program as modified pursuant to the amendments made by this 
     subtitle.
       (b) Repeal of Separate Authority.--Section 1079 of title 
     10, United States Code, is amended by striking paragraph 
     (17).
       (c) Savings Provision.--Nothing in this subtitle or the 
     amendments made by this subtitle shall be construed--
       (1) to modify any eligibility requirement for any person 
     receiving benefits under the Individual Case Management 
     Program before October 1, 2001; or
       (2) to terminate any benefits available under that program 
     before that date.
       (d) Consultation Requirement.--The Secretary of Defense 
     shall consult with the other administering Secretaries 
     referred to in section 1072(3) of title 10, United States 
     Code, in carrying out this section.

     SEC. 702. DOMICILIARY AND CUSTODIAL CARE.

       (a) Authority.--Section 1077 of title 10, United States 
     Code, is amended--
       (1) in subsection (b)(1), by inserting before the period 
     end the following: ``, except as provided in subsection 
     (e)''; and

[[Page 18195]]

       (2) by adding at the end the following new subsection:
       ``(e) The prohibition in subsection (b)(1) does not apply 
     to domiciliary care or custodial care that is provided to a 
     patient by a physician, nurse, paramedic, or other health 
     care provider incident to other health care authorized under 
     subsection (a), whether or not--
       ``(1) the potential for the patient's condition of illness, 
     injury, or bodily malfunction to improve might be nonexistent 
     or minimal; or
       ``(2) the care is provided for the purposes of maintaining 
     function and preventing deterioration.''.
       (b) Domiciliary and Custodial Care Defined.--Section 1072 
     of such title is amended by adding at the end the following 
     new paragraphs:
       ``(8) The term `domiciliary care' means treatment or 
     services involving assistance with the performance of 
     activities of daily living that is provided to a patient in a 
     home-like setting because--
       ``(A) the treatment or services are not available, or are 
     not suitable to be provided, to the patient in the patient's 
     home; or
       ``(B) no member of the patient's family is willing to 
     provide the treatment or services.
       ``(9) The term `custodial care'--
       ``(A) means treatment or services that--
       ``(i) could be provided safely and reasonably by a person 
     not trained as a physician, nurse, paramedic, or other health 
     care provider; or
       ``(ii) are provided principally to assist the recipient of 
     the treatment or services with the performance of activities 
     of daily living; and
       ``(B) includes any treatment or service described in 
     subparagraph (A) without regard to--
       ``(i) the source of any recommendation to provide the 
     treatment or service; and
       ``(ii) the setting in which the treatment or service is 
     provided.''.

     SEC. 703. LONG TERM CARE.

       (a) Limitation.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1074i the 
     following new section:

     ``Sec. 1074j. Long term care benefits program

       ``(a) Requirement for Program.--The Secretary of Defense 
     shall provide long term health care benefits under the 
     TRICARE program in an effective and efficient manner that 
     integrates those benefits with the benefits provided on a 
     less than a long term basis under the TRICARE program.
       ``(b) Authorized Care.--The types of health care authorized 
     to be provided under this section shall include the 
     following:
       ``(1) The types of health care authorized to be acquired by 
     contract under section 1079 of this title.
       ``(2) Extended care services.
       ``(3) Post-hospital extended care services.
       ``(4) Comprehensive intermittent home health services.
       ``(5) Subject to subsection (d), community based services, 
     as follows:.
       ``(A) Nursing services provided by or under the supervision 
     of a nurse.
       ``(B) Therapy services.
       ``(C) Medical equipment and supplies.
       ``(D) In the case of a patient with concurrent skilled care 
     needs, the following:
       ``(i) Home health aide services.
       ``(ii) Performance of chores.
       ``(iii) Adult day care services.
       ``(iv) Respite care.
       ``(v) Any other medical or social service that contributes 
     to the health and well-being of the patient and the ability 
     of the patient to reside in a community based care setting 
     instead of an institution.
       ``(c) Duration of Post-Hospital Extended Care Services.--
     The post-hospital extended care services provided in a 
     skilled nursing facility to a patient during a spell of 
     illness under subsection (b)(3) shall continue for as long as 
     is medically necessary and appropriate. The limitation on the 
     number of days of coverage under subsections (a)(2) and 
     (b)(2)(A) of section 1812 of the Social Security Act (42 
     U.S.C. 1395d) shall not apply with respect to the care 
     provided that patient.
       ``(d) Community Based Services.--(1) To qualify for 
     community based services under this section, a patient shall 
     require a level of care that--
       ``(A) is available to the patient in a nursing facility or 
     hospital; and
       ``(B) if such level of care were provided to the patient in 
     such a nursing facility or hospital, would be paid for (in 
     whole or in part) under this chapter at a cost to the United 
     States that is equal to or greater than the cost that would 
     be incurred by the United States to provide the community 
     based services to the patient under this section.
       ``(2) Community based services may only be provided to a 
     patient under this section in accordance with a plan of care 
     established by the patient's physician.
       ``(e) Regulations.--The Secretary of Defense shall, after 
     consultation with the other administering Secretaries, 
     prescribe regulations to carry out this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `extended care services' has the meaning 
     given the term in subsection (h) of section 1861 of the 
     Social Security Act (42 U.S.C. 1395x).
       ``(2) The term `post-hospital extended services' has the 
     meaning given the term in subsection (i) of section 1861 of 
     the Social Security Act (42 U.S.C. 1395x).
       ``(3) The term `home health services' has the meaning given 
     the term in subsection (m) of section 1861 of the Social 
     Security Act (42 U.S.C. 1395x).
       ``(4) The term `skilled nursing facility' has the meaning 
     given the term in section 1819(a) of the Social Security Act 
     (42 U.S.C. 1395i-3(a)).
       ``(5) The term `spell of illness' has the meaning given the 
     term in subsection (a) of section 1861 of the Social Security 
     Act (42 U.S.C. 1395x).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1074i the following new item:

``1074j. Long term care benefits program.''.

     SEC. 704. EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.

       Section 1079 of title 10, United States Code, is amended by 
     striking subsections (d), (e), and (f) and inserting the 
     following:
       ``(d)(1) The health care benefits contracted for under this 
     section shall include extended benefits for dependents 
     referred to in the first sentence of subsection (a) who have 
     any of the following qualifying conditions:
       ``(A) Moderate or severe mental retardation.
       ``(B) A serious physical disability.
       ``(C) Any extraordinary physical or psychological 
     condition.
       ``(2) The extended benefits under paragraph (1) may include 
     comprehensive health care and case management services, to 
     the extent not otherwise provided under this chapter with 
     respect to a qualifying condition, as follows:
       ``(A) Diagnosis.
       ``(B) Inpatient, outpatient, and comprehensive home health 
     supplies and services.
       ``(C) Training and rehabilitation, including special 
     education and assistive technology devices.
       ``(D) Institutional care in private nonprofit, public, and 
     State institutions and facilities and, when appropriate, 
     transportation to and from such institutions and facilities.
       ``(E) Any other services and supplies determined 
     appropriate under regulations prescribed under paragraph (9).
       ``(3) The extended benefits under paragraph (1) may also 
     include respite care for the primary caregiver of a dependent 
     eligible for extended benefits under this subsection.
       ``(4) Home health supplies and services may be provided to 
     a dependent under paragraph (2)(B) as other than part-time or 
     intermittent services (as determined in accordance with the 
     second sentence of section 1861(m) of the Social Security Act 
     (42 U.S.C. 1395x(m)) only if--
       ``(A) the provision of such supplies and services in the 
     home of the dependent is medically appropriate; and
       ``(B) the cost of the provision of such supplies and 
     services to the dependent is equal to or less than the cost 
     of the provision of similar supplies and services to the 
     dependent in a skilled nursing facility.
       ``(5) Subsection (a)(13) shall not apply to the provision 
     of care and services determined appropriate to be provided as 
     extended benefits under this subsection.
       ``(6) Subject to paragraph (7), a member of the uniformed 
     services shall pay a share of the cost of any care and 
     services provided as extended benefits to any of the 
     dependents of the member under this subsection as follows:
       ``(A) In the case of a member in the lowest enlisted pay 
     grade, the first $25 of the cumulative costs of all care 
     furnished to one or more dependents of the member in a month.
       ``(B) In the case of a member in the highest commissioned 
     pay grade, the first $250 of the cumulative costs of all care 
     furnished to one or more dependents of the member in a month.
       ``(C) In the case of a member in any other pay grade, a 
     fixed amount of the cumulative costs of all care furnished to 
     one or more dependents of the member in a month, as 
     prescribed for that pay grade in regulations prescribed under 
     paragraph (9).
       ``(7)(A) In the case of extended benefits provided under 
     subparagraph (C) or (D) of paragraph (2) to a dependent of a 
     member of the uniformed services--
       ``(i) the Government's share of the total cost of providing 
     such benefits in any month shall not exceed $2,500, except 
     for costs that a member is exempt from paying under 
     subparagraph (B); and
       ``(ii) the member shall pay (in addition to any amount 
     payable under paragraph (6)) the amount, if any, by which the 
     amount of such total cost for the month exceeds the 
     Government's maximum share under clause (i).
       ``(B) A member of the uniformed services who incurs 
     expenses under subparagraph (A) for a month for more than one 
     dependent shall not be required to pay for the month under 
     clause (ii) of that subparagraph an amount greater than the 
     amount the member would otherwise be required to pay under 
     that clause for the month if the member were incurring 
     expenses under that subparagraph for only one dependent.
       ``(8) To qualify for extended benefits under subparagraph 
     (C) or (D) of paragraph (2), a dependent of a member of the 
     uniformed services shall be required to use public facilities 
     to the extent such facilities are available and adequate, as 
     determined under joint regulations of the administering 
     Secretaries.

[[Page 18196]]

       ``(9) The Secretary of Defense, in consultation with the 
     other administering Secretaries, shall prescribe regulations 
     to carry out this subsection.''.

     SEC. 705. CONFORMING REPEALS.

       The following provisions of law are repealed:
       (1) Section 703 of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10 
     U.S.C. 1077 note).
       (2) Section 8118 of the Department of Defense 
     Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1260).
       (3) Section 8100 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696).

     SEC. 710A. REPORT TO CONGRESS ON RELATIONSHIP AMONG FEDERAL 
                   LONG-TERM CARE INITIATIVES.

       Not later than April 1, 2002, the Secretary of Defense 
     shall submit to Congress a report on the relationship and 
     compatibility of the long term care insurance program under 
     chapter 90 of title 5, United States Code (as added by the 
     Federal Long-Term Care Security Act), and other initiatives 
     of the Federal Government to provide long term care benefits 
     for which members of the uniformed services and their 
     dependents are or would be eligible.

     SEC. 710B. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle 
     shall take effect on October 1, 2001.
                                  ____

  SA 1773. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

           TITLE--PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2001''.

     SEC. __02. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this title, specifically, the right to form and join a 
     labor organization, the right to bargain over wages, hours, 
     and conditions of employment, the right to sign an 
     enforceable contract, and availability of some form of 
     mechanism to break an impasse, such as arbitration, 
     mediation, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. __04. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b).
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60 day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed, 
     except that any final determination of the Authority with 
     respect to questions of fact or law shall be found to be 
     conclusive unless the court determines that the Authority's 
     decision was arbitrary and capricious.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized as 
     the exclusive bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.

[[Page 18197]]

       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure to Meet Requirements.--If the Authority 
     determines, acting pursuant to its authority under subsection 
     (a), that a State does not substantially provide for the 
     rights and responsibilities described in subsection (b), such 
     State shall be subject to the regulations and procedures 
     described in section __05.

     SEC. __05. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section __04(b) establishing collective bargaining 
     procedures for public safety employers and officers in States 
     which the Authority has determined, acting pursuant to its 
     authority under section __04(a), do not substantially provide 
     for such rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this title and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators; and
       (6) take such other actions as are necessary and 
     appropriate to effectively administer this title, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code, except that any 
     final order of the Authority with respect to questions of 
     fact or law shall be found to be conclusive unless the court 
     determines that the Authority's decision was arbitrary and 
     capricious.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. __06. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. __07. EXISTING COLLECTIVE BARGAINING UNITS AND 
                   AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

     SEC. 08. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this title shall be 
     construed--
       (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are equal 
     to or greater than the rights provided under this title; or
       (2) to prevent a State from prohibiting bargaining over 
     issues which are traditional and customary management 
     functions, except as provided in section __04(b)(3).
       (b) Compliance.--No State shall preempt laws or ordinances 
     of any of its political subdivisions if such laws provide 
     collective bargaining rights for public safety officers that 
     are equal to or greater than the rights provided under this 
     title.

     SEC. 09. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this title.

                 TITLE--ANTI-TERRORISM TRAINING GRANTS

       As authorized by Sections 819 and 821 of the Antiterrorism 
     and Effective Death Penalty Act of 1996, $12,600,000 is 
     designated to the Office for State and Local Domestic 
     Preparedness Support in the Department of Justice for 
     purposes of making grants to train fire fighters to respond 
     to acts of terrorism.
       Grants shall be made to national nonprofit employee 
     organizations that have experience in providing terrorism 
     response training using skilled instructors, who are both 
     fire fighters and certified instructors, to train fire 
     fighters to safely and effectively respond to terrorist 
     attacks.
       There are authorized to be appropriated $12,600,000 to 
     carry out this provision.
                                  ____

  SA 1774. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 264, strike all on line 11 through the period on 
     page 266, line 6, and insert in lieu thereof the following:
       (b) Limited Competition Requirement.--If the Secretary 
     determines that a Federal Prison Industries product is not 
     comparable in price, quality, and time of delivery to 
     products available from the private sector, the Secretary may 
     use competitive procedures for the procurement of the 
     product. In conducting such a competition, the Secretary 
     shall consider a timely offer from Federal Prison Industries 
     for award in accordance with the specifications and 
     evaluation factors specified in the solicitation. The 
     Secretary may employ the same procedures in relation to 
     Federal Prison Industries products purchased by private 
     vendors contracted by the Department of Defense, if he 
     determines that a Federal Prison Industries product is not 
     comparable in price, quality, and time of delivery to 
     products available from the private sector.
                                  ____

  SA 1775. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 264, strike all on line 11 through the period on 
     page 266, line 6, and insert in lieu thereof the following:
       (b) Limited Competition Requirement.--If the Secretary 
     determines that a Federal Prison Industries product 
     (including a product that is integral to, or embedded in, a 
     product that is not available from Federal Prison industries) 
     is not comparable in price, quality, and time of delivery to 
     products available from the private sector, the Secretary may 
     use competitive procedures for the procurement of the 
     product. In conducting such a competition, the Secretary 
     shall consider a timely offer from Federal Prison Industries 
     for award in accordance with the specifications and 
     evaluation factors specified in the solicitation.
                                  ____

  SA 1776. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes, which was ordered to lie on the table; 
as follows:

       On page 294, between lines 16 and 17, insert the following:

     SEC. 833. INCREASED THRESHOLD AMOUNT FOR APPLICABILITY OF 
                   DAVIS-BACON ACT AND SERVICE CONTRACT ACT OF 
                   1965.

       (a) Davis-Bacon Act.--Section 1(a) of the Act of March 3, 
     1931 (popularly known as the ``Davis-Bacon Act''; 40 U.S.C. 
     276a(a)), is amended by striking `$2,000'' in the first 
     sentence and inserting ``$1,000,000''.

[[Page 18198]]

       (b) Service Contract Act of 1965.--Section 2(a) of the 
     Service Contract Act of 1965 (41 U.S.C. 351) is amended by 
     striking ``$2,500'' and inserting $1,000,000''.
                                  ____

  SA 1777. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike Section 821 and insert in lieu therof the following:
       Sec. 821. The General Accounting Office shall conduct a 
     study of existing procurement procedures, regulations, and 
     statutes which govern procurement transactions between the 
     Department of Defense and Federal Prison Industries, and any 
     joint recommendation of the Department of Defense and 
     Department of Justice. A report containing the findings of 
     the study and recommendations on the means to improve the 
     efficiency and reduce the cost of such transactions shall be 
     submitted to the Senate Committee on Armed Services not later 
     than April 30, 2002.
                                  ____

  SA 1778. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 821, and insert in lieu thereof the 
     following:

     ``SEC. 821. PURCHASES FROM FEDERAL PRISON INDUSTRIES.

       ``The Secretary of Defense, in consultation with the 
     Attorney General and the Chief Executive Officer of Federal 
     Prison Industries, shall conduct a thorough review of 
     procurement procedures involving the purchase of good from 
     Federal Prison Industries. Following such review, the 
     Secretary of Defense may, in consultation with the Attorney 
     General and the Chief Executive Officer of Federal Prison 
     Industries, override the denial of any waiver sought by the 
     Department of Defense from mandatory source requirements, if 
     he concludes that such an override is in the public 
     interest.''.
                                  ____

  SA 1779. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 264, strike all on line 21 through the period on 
     page 266, line 6.
                                  ____

  SA 1780. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 363, after line 25, insert the following:

     SEC. 1066. DEPARTMENT OF DEFENSE STRATEGIC LOAN AND LOAN 
                   GUARANTY PROGRAM.

       (a) Authority.--(1) Chapter 131 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2228. Department of Defense strategic loan and loan 
       guaranty program

       ``(a) Authority.--The Secretary of Defense may carry out a 
     program to make direct loans and guarantee loans for the 
     purpose of supporting the attainment of the objectives set 
     forth in subsection (b).
       ``(b) Objectives.--The Secretary may, under the program, 
     make a direct loan to an applicant or guarantee the payment 
     of the principal and interest of a loan made to an applicant 
     upon the Secretary's determination that the applicant's use 
     of the proceeds of the loan will support the attainment of 
     any of the following objectives:
       ``(1) Sustain the readiness of the United States to carry 
     out the national security objectives of the United States 
     through the guarantee of steady domestic production of items 
     necessary for low intensity conflicts to counter terrorism or 
     other imminent threats to the national security of the United 
     States.
       ``(2) Sustain the economic stability of strategically 
     important domestic sectors of the defense industry that 
     manufacture or construct products for low-intensity conflicts 
     and counter terrorism to respond to attacks on United States 
     national security and to protect potential United States 
     civilian and military targets from attack.
       ``(3) Sustain the production and use of systems that are 
     critical for the exploration and development of new domestic 
     energy sources for the United States.
       ``(c) Conditions.--A loan made or guaranteed under the 
     program shall meet the following requirements:
       ``(1) The period for repayment of the loan may not exceed 
     five years.
       ``(2) The loan shall be secured by primary collateral that 
     is sufficient to pay the total amount of the unpaid principal 
     and interest of the loan in the event of default.
       ``(d) Evaluation of Cost.--As part of the consideration of 
     each application for a loan or for a guarantee of the loan 
     under the program, the Secretary shall evaluate the cost of 
     the loan within the meaning of section 502(5) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a(5)).''.
       (2) The table of sections at the beginning of such section 
     is amended by adding at the end the following new item:

``2228. Department of Defense strategic loan and loan guaranty 
              program.''.
       (b) Funding.--Of the amounts appropriated by Public Law 
     107-38, there shall be available such sums as may be 
     necessary for the costs (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of 
     direct loans and loan guarantees made under section 2228 of 
     title 10, United States Code, as added by subsection (a).
                                  ____

  SA 1781. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 217, between lines 16 and 17, insert the following:

     SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS 
                   APPROVED FOR PROMOTION WHILE INTERNED AS 
                   PRISONERS OF WAR DURING WORLD WAR II.

       (a) Entitlement of Former Prisoners of War.--Upon receipt 
     of a claim made in accordance with this section, the 
     Secretary of the Navy shall pay back pay to a claimant who, 
     by reason of being interned as a prisoner of war while 
     serving as a member of the Navy or the Marine Corps during 
     World War II, was not available to accept a promotion for 
     which the claimant was approved.
       (b) Proper Claimant for Deceased Former Member.--In the 
     case of a person described in subsection (a) who is deceased, 
     the back pay for that deceased person under this section 
     shall be paid to a member or members of the family of the 
     deceased person determined appropriate in the same manner as 
     is provided in section 6(c) of the War Claims Act of 1948 (50 
     U.S.C. App. 2005(c)).
       (c) Amount of Back Pay.--(1) Subject to paragraph (2), the 
     amount of back pay payable to or for a person described in 
     subsection (a) is the amount equal to the excess of--
       (A) the total amount of basic pay that would have been paid 
     to that person for service in the Navy or the Marine Corps if 
     the person had been promoted on the date on which the 
     promotion was approved, over
       (B) the total amount of basic pay that was paid to or for 
     that person for such service on and after that date.
       (2) The amount determined for a person under paragraph (1) 
     shall be increased to reflect increases in cost of living 
     since the basic pay referred to in paragraph (1)(B) was paid 
     to or for that person, calculated on the basis of the 
     Consumer Price Index (all items--United States city average) 
     published monthly by the Bureau of Labor Statistics.
       (d) Time Limitations.--(1) To be eligible for a payment 
     under this section, a claimant must file a claim for such 
     payment with the Secretary of Defense within two years after 
     the effective date of the regulations implementing this 
     section.
       (2) Not later than 18 months after receiving a claim for 
     payment under this section, the Secretary shall determine the 
     eligibility of the claimant for payment of the claim. Subject 
     to subsection (f), if the Secretary determines that the 
     claimant is eligible for the payment, the Secretary shall 
     promptly pay the claim.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include procedures by which persons may submit claims for 
     payment under this section. Such regulations shall be 
     prescribed not later than six months after the date of the 
     enactment of this Act.

[[Page 18199]]

       (f) Limitation on Disbursement.--(1) Notwithstanding any 
     power of attorney, assignment of interest, contract, or other 
     agreement, the actual disbursement of a payment under this 
     section may be made only to each person who is eligible for 
     the payment under subsection (a) or (b) and only--
       (A) upon the appearance of that person, in person, at any 
     designated disbursement office in the United States or its 
     territories; or
       (B) at such other location or in such other manner as that 
     person may request in writing.
       (2) In the case of a claim approved for payment but not 
     disbursed as a result of operation of paragraph (1), the 
     Secretary of Defense shall hold the funds in trust for the 
     person in an interest bearing account until such time as the 
     person makes an election under such paragraph.
       (g) Attorney Fees.--Notwithstanding any contract, the 
     representative of a person may not receive, for services 
     rendered in connection with the claim of, or with respect to, 
     a person under this section, more than 10 percent of the 
     amount of a payment made under this section on that claim.
       (h) Outreach.--The Secretary of the Navy shall take such 
     actions as are necessary to ensure that the benefits and 
     eligibility for benefits under this section are widely 
     publicized by means designed to provide actual notice of the 
     availability of the benefits in a timely manner to the 
     maximum number of eligible persons practicable.
       (i) Definition.--In this section, the term ``World War II'' 
     has the meaning given the term in section 101(8) of title 38, 
     United States Code.
                                  ____

  SA 1782. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 217, between lines 16 and 17, insert the following:

     SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS 
                   APPROVED FOR PROMOTION WHILE INTERNED AS 
                   PRISONERS OF WAR DURING WORLD WAR II.

       (a) Entitlement of Former Prisoners of War.--Upon receipt 
     of a claim made in accordance with this section, the 
     Secretary of the Navy shall pay back pay to a claimant who, 
     by reason of being interned as a prisoner of war while 
     serving as a member of the Navy or the Marine Corps during 
     World War II, was not available to accept a promotion for 
     which the claimant was approved.
       (b) Proper Claimant for Deceased Former Member.--In the 
     case of a person described in subsection (a) who is deceased, 
     the back pay for that deceased person under this section 
     shall be paid to a member or members of the family of the 
     deceased person determined appropriate in the same manner as 
     is provided in section 6(c) of the War Claims Act of 1948 (50 
     U.S.C. App. 2005(c)).
       (c) Amount of Back Pay.--(1) Subject to paragraph (2), the 
     amount of back pay payable to or for a person described in 
     subsection (a) is the amount equal to the excess of--
       (A) the total amount of basic pay that would have been paid 
     to that person for service in the Navy or the Marine Corps if 
     the person had been promoted on the date on which the 
     promotion was approved, over
       (B) the total amount of basic pay that was paid to or for 
     that person for such service on and after that date.
       (2) The amount determined for a person under paragraph (1) 
     shall be increased to reflect increases in cost of living 
     since the basic pay referred to in paragraph (1)(B) was paid 
     to or for that person, calculated on the basis of the 
     Consumer Price Index (all items--United States city average) 
     published monthly by the Bureau of Labor Statistics.
       (d) Time Limitations.--(1) To be eligible for a payment 
     under this section, a claimant must file a claim for such 
     payment with the Secretary of Defense within two years after 
     the effective date of the regulations implementing this 
     section.
       (2) Not later than 18 months after receiving a claim for 
     payment under this section, the Secretary shall determine the 
     eligibility of the claimant for payment of the claim. Subject 
     to subsection (f), if the Secretary determines that the 
     claimant is eligible for the payment, the Secretary shall 
     promptly pay the claim.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include procedures by which persons may submit claims for 
     payment under this section. Such regulations shall be 
     prescribed not later than six months after the date of the 
     enactment of this Act.
       (f) Limitation on Disbursement.--(1) Notwithstanding any 
     power of attorney, assignment of interest, contract, or other 
     agreement, the actual disbursement of a payment under this 
     section may be made only to each person who is eligible for 
     the payment under subsection (a) or (b) and only--
       (A) upon the appearance of that person, in person, at any 
     designated disbursement office in the United States or its 
     territories; or
       (B) at such other location or in such other manner as that 
     person may request in writing.
       (2) In the case of a claim approved for payment but not 
     disbursed as a result of operation of paragraph (1), the 
     Secretary of Defense shall hold the funds in trust for the 
     person in an interest bearing account until such time as the 
     person makes an election under such paragraph.
       (g) Attorney Fees.--Notwithstanding any contract, the 
     representative of a person may not receive, for services 
     rendered in connection with the claim of, or with respect to, 
     a person under this section, more than 10 percent of the 
     amount of a payment made under this section on that claim.
       (h) Outreach.--The Secretary of the Navy shall take such 
     actions as are necessary to ensure that the benefits and 
     eligibility for benefits under this section are widely 
     publicized by means designed to provide actual notice of the 
     availability of the benefits in a timely manner to the 
     maximum number of eligible persons practicable.
       (i) Definition.--In this section, the term ``World War II'' 
     has the meaning given the term in section 101(8) of title 38, 
     United States Code.
       (j) Funding.--(1) The amount authorized to be appropriated 
     under section 421 is hereby increased by $99,000,000. Of the 
     total amount authorized to be appropriated by section 421, as 
     so increased, $99,000,000 shall be available for carrying out 
     this section. Notwithstanding any other provision of this or 
     any other Act, the amount set aside by the preceding sentence 
     is authorized to be made available for fiscal years 2002, 
     2003, and 2004.
       (2) The amount authorized to be appropriated by section 
     103(1) is hereby reduced by $99,000,000.
                                  ____

  SA 1783. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 192, after line 20, insert the following:

     SEC. 621. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES 
                   FOR EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.

       (a) Aviation Officers.--Section 301b(b)(4) of title 37, 
     United States Code, is amended by striking ``has completed'' 
     and inserting ``is within one year of the completion of''.
       (b) Surface Warfare Offices.--Section 319(a)(3) of title 
     37, United States Code, is amended by striking ``has 
     completed'' and inserting ``is within one year of the 
     completion of''.
                                  ____

  SA 1784. Mr. KENNEDY (for himself, Mr. Warner, Mrs. Clinton, Mr. 
Wellstone and Mr. Schumer) submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE __MENTAL HEALTH AND TERRORISM

                Subtitle A--Planning and Training Grants

     SEC. __01. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--The Secretary of Education (referred to in 
     this section as the ``Secretary''), in consultation with the 
     Secretary of Health and Human Services, shall award grants to 
     eligible local educational agencies (as such term is defined 
     in section 14101 of the Elementary and Secondary Education 
     Act of 1965) to enable such agencies to develop programs to 
     respond to mental health needs arising from a disaster.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive a grant under 
     subsection (a) a local educational agency, in consultation 
     with the State educational agency, shall prepare and submit 
     to the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including a plan for responding to the mental health needs of 
     school children and school personnel that may arise as a 
     result of a disaster that shall contain--
       (A) the name of an individual designated by each school 
     involved to serve as the lead coordinator responsible for 
     responding to the mental health needs of students and school 
     personnel affected by a disaster;

[[Page 18200]]

       (B) an assurance that the applicant, and each school 
     involved, will provide materials and training to all 
     teachers, school counselors, and other appropriate school 
     personnel concerning the appropriate ways in which to talk 
     with students about disasters;
       (C) an assurance that the applicant will participate in the 
     establishment of community partnerships between local 
     educational agencies and mental health professionals and 
     service systems, and to the extent appropriate community-
     based organizations, to respond to the mental health needs 
     that arise from a disaster;
       (D) an assurance that the applicant will establish a 
     program for communicating with parents concerning appropriate 
     responses to the mental health needs of students that result 
     from a disaster and the services offered by the school with 
     respect to such needs;
       (E) an assurance that the applicant will establish a 
     program to educate teachers, parents, school counselors, and 
     other key personnel concerning the recognition of students 
     who are exhibiting behaviors that may require a referral to a 
     qualified mental health provider and the appropriate 
     notification of the parents or guardians of such students; 
     and
       (F) an assurance that the applicant will provide for the 
     equitable participation of private schools, that are located 
     in the area to be served by the applicant, in the same manner 
     as such participation is provided for under sections 14503 
     through 14506 of the Elementary and Secondary Education Act 
     of 1965.
       (2) State comments.--A local educational agency submitting 
     an application under this subsection shall provide notice of 
     such application to the State educational agency and provide 
     the State educational agency with the opportunity to comment 
     on such application.
       (3) Grants to states.--The Secretary may award a grant to a 
     State under this section to enable the State--
       (A) to provide assistance to local educational agencies 
     that do not otherwise apply for or receive a grant under this 
     section, to assist such agencies in submitting applications 
     and developing plans under paragraph (1); or
       (B) to coordinate State and local school educational agency 
     efforts under this section.
       (c) Use of Funds.--A local educational agency that receives 
     a grant under this section shall use amounts received under 
     the grant to carry out the programs and activities described 
     in the application submitted by the grantee under subsection 
     (b).
       (d) Information and Education.--
       (1) In general.--The Secretary shall establish and 
     disseminate to local educational agencies and public and 
     private elementary and secondary schools, comprehensive 
     information and education program information to assist such 
     agencies and schools in evaluating and developing appropriate 
     materials and programs for responding to the mental health 
     needs associated with students and school personnel in 
     disasters.
       (2) Coordination.--Agencies and schools shall coordinate 
     response programs developed under paragraph (1) with existing 
     public and private programs, including the 2-1-1 hotline 
     program.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2002 through 2004.

     SEC. __02. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended--
       (1) by redesignating the second part G (relating to 
     services provided through religious organizations) as part J;
       (2) by redesignating sections 581 through 584 of such part 
     as sections 596 through 596C; and
       (3) by adding at the end the following:

                 ``PART K--MENTAL HEALTH AND DISASTERS

                      ``Subpart I--Planning Grants

     ``SEC. 597. GRANTS TO STATE AND LOCAL PUBLIC ENTITIES.

       ``(a) In General.--The Secretary shall award grants to 
     eligible State and local public entities to enable such 
     entities to develop programs to respond to mental health 
     needs arising from a disaster.
       ``(b) Eligibility.--
       ``(1) In general.--To be eligible to receive a grant under 
     subsection (a) a State or local public entity shall prepare 
     and submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require, including--
       ``(A) an assurance that the applicant will coordinate 
     activities under the grant, including the coordination and 
     management of volunteer mental health providers, with--
       ``(i) other governmental agencies;
       ``(ii) private service providers; and
       ``(iii) local educational agencies;
       ``(B) the name of an individual designated by the applicant 
     to serve as the lead coordinator responsible for coordinating 
     services provided under the grant;
       ``(C) an assurance that the applicant will develop a 
     program to provide crisis counseling services to individuals 
     in the event of a disaster;
       ``(D) an assurance that the applicant will develop a 
     program to provide information to the public in the event of 
     a disaster;
       ``(E) an assurance that the applicant will ensure the 
     availability of mental health professionals who are trained 
     to meet the special mental health needs of disaster victims;
       ``(F) an assurance that the applicant will establish a 
     program to meet the mental health needs of special 
     populations, including the disabled, minority groups, 
     children, and the elderly, and where appropriate, rural 
     populations;
       ``(G) an assurance that the applicant will develop a 
     program to locate and assess individuals after a disaster who 
     are at risk of developing, or who have developed, a mental 
     illness as a result of the disaster, and to provide referrals 
     and treatment for such individuals;
       ``(H) an assurance that the applicant, in consultation with 
     providers and organizations that serve public safety workers, 
     will assist in developing a program to identify and meet the 
     mental health needs of public safety workers and others 
     involved in responding to the disaster; and
       ``(I) an assurance that the applicant will develop a 
     program that coordinates with other systems or entities 
     providing services to disaster victims, including hotline 
     programs.
       ``(2) State comments.--A local educational agency 
     submitting an application under this subsection shall provide 
     notice of such application to the chief executive officer of 
     the State and provide the State with the opportunity to 
     comment on such application.
       ``(c) Use of Funds.--A State or local government or other 
     governmental agency that receives a grant under this section 
     shall use amounts received under the grant to carry out the 
     programs and activities described in the application 
     submitted by the grantee under subsection (b).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2002 through 2004.
       ``(e) Program Management.--In carrying out this section, 
     the Secretary may use amounts appropriated under subsection 
     (d) for the administration of the program under this section.

     ``SEC. 597A. DISASTER RESPONSE CLEARINGHOUSE AND DISASTER 
                   HOTLINES.

       ``(a) In General.--Not later than 60 days after the date of 
     enactment of this part, the Secretary shall establish and 
     maintain a Mental Health Disaster Response Clearinghouse to 
     collect and make available information to assist local 
     educational agencies, State and local governments, health 
     care providers, and the public in responding to mental health 
     needs associated with disasters.
       ``(b) Provision of Information.--As part of the 
     clearinghouse established under subsection (a), the Secretary 
     shall establish a program for--
       ``(1) providing appropriate information to the media; and
       ``(2) disseminating training-related curricula and 
     materials to mental health professionals.
       ``(c) Disaster Response Hotlines.--The Secretary shall 
     award grants to State or local entities to enable such 
     entities to develop, expand, or increase the capacity of 2-1-
     1 call centers or other universal hotlines, for the purpose 
     of connecting the public to all available community 
     information centers developed in response to a disaster and 
     disaster recovery efforts, as well as connecting the public 
     to existing social services that are available to support the 
     public during the time of a disaster and recovery, including 
     mental health services.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2002 through 2004.

                     ``Subpart II--Training Grants

     ``SEC. 597E. TRAINING GRANTS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Center for Mental Health Services, shall 
     award grants to eligible entities to enable such entities to 
     provide for the training of mental health professionals with 
     respect to the treatment of individuals who are victims of 
     disasters.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a) an entity shall--
       ``(1) be a--
       ``(A) regional center of excellence; or
       ``(B) a mental health professional society; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Use of Funds.--An entity that receives a grant under 
     this section shall use amounts received under the grant to 
     provide for the training of mental health professionals to 
     enable such professionals to appropriately diagnose 
     individuals who are the victims of disasters with respect to 
     their mental health and to provide for the proper treatment 
     of the mental health needs of such individuals.
       ``(d) Training Materials and Procedures.--The Director of 
     the Center for Mental Health Services, in consultation with 
     the

[[Page 18201]]

     Director of the National Institute of Mental Health, the 
     National Center for Post-Traumatic Stress Disorder, the 
     International Society for Traumatic Stress Studies, and the 
     heads of other similar entities, shall develop training 
     materials and procedures to assist grantees under this 
     section.
       ``(e) Definition.--In this section ,the term `mental health 
     professional' includes psychiatrists, psychologists, 
     psychiatric nurses, mental health counselors, marriage and 
     family therapists, social workers, pastoral counselors, 
     school psychologists, licensed professional counselors, 
     school guidance counselors, and any other individual 
     practicing in a mental health profession that is licensed or 
     regulated by a State agency.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal years 2002 through 2004.
       ``(g) Program Management.--In carrying out this section, 
     the Secretary may use amounts appropriated under subsection 
     (d) for the administration of the program under this 
     section.''.

                 Subtitle B--Addressing Long-Term Needs

     SEC. __11. GRANTS TO DIRECTLY AFFECTED AREAS.

       Part K of title V of the Public Health Service Act, as 
     added by section __01, is amended by adding at the end the 
     following:

               ``Subpart III--Addressing Long-Term Needs

     ``SEC. 597H. GRANTS TO DIRECTLY AFFECTED AREAS.

       ``(a) In General.--The Secretary shall award grants to 
     eligible State and local governments and other public 
     entities to enable such entities to respond to the long-term 
     mental health needs arising from the terrorist attack of 
     September 11, 2001.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a) an entity shall--
       ``(1) be a State or local government or other public entity 
     that is located in an area that is directly affected (as 
     determined by the Secretary) by the terrorist attack of 
     September 11, 2001; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Use of Funds.--A grantee shall use amounts received 
     under a grant under subsection (a)--
       ``(1) to carry out activities to locate individuals who may 
     be affected by the terrorist attack of September 11, 2001 and 
     in need of mental health services, including teachers and 
     public safety officers with special responsibility for 
     responding to the disaster;
       ``(2) to provide treatment for those individuals identified 
     under paragraph (1) who are suffering from a serious 
     psychiatric illness as a result of such terrorist attack 
     (including paying the costs of necessary medications), 
     including teachers and public safety officers with special 
     responsibility for responding to the disaster;
       ``(4) to carry out other activities determined appropriate 
     by the Secretary.
       ``(d) Use of Private Entities and Existing Providers.--To 
     the extent appropriate, a grantee under subsection (a) 
     shall--
       ``(1) enter into contracts with private, nonprofit entities 
     to carry out activities under the grant; and
       ``(2) to the extent feasible, utilize providers that are 
     already serving the affected population, including providers 
     used by public safety workers and teachers.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       ``(1) with respect to grants to entities described in 
     subsection (b)(1)(A), $175,000,000 for fiscal year 2002, and 
     such sums as may be necessary in each of fiscal years 2003 
     and 2004; and

     ``SEC. 597I. RESEARCH.

       ``(a) Lifting of Cap on Supplemental Research Funds.--
     Notwithstanding any other provision of law, the Secretary may 
     waive any restriction on the amount of supplemental funding 
     that may be provided to any disaster--related scientific 
     research project that is funded by the Secretary.
       ``(b) Additional Funding.--There is authorized to be 
     appropriated such sums as may be necessary for fiscal year 
     2002 to enable the Secretary to award additional grants for 
     the conduct of peer-reviewed, mental health--related 
     scientific research projects related to the assessment of the 
     mental health impacts and the provision of appropriate 
     interventions for individuals affected by the September 11, 
     2001 terrorist attacks.''.

          Subtitle C--Addressing the Needs of Victims of Crime

     SEC. __21. CRIME VICTIMS FUND.

       (a) Deposit of Gifts in the Fund.--Section 1402(b) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any gifts, bequests, or donations to the Fund from 
     private entities or individuals.''.
       (b) Formula for Fund Distributions.--Section 1402(c) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended 
     to read as follows:
       ``(c) Fund Distribution; Retention of Sums in Fund; 
     Availability for Expenditure Without Fiscal Year 
     Limitation.--
       ``(1) Subject to the availability of money in the Fund, in 
     each fiscal year, beginning with fiscal year 2003, the 
     Director shall distribute not less than 90 percent nor more 
     than 110 percent of the amount distributed from the Fund in 
     the previous fiscal year, except the Director may distribute 
     up to 120 percent of the amount distributed in the previous 
     fiscal year in any fiscal year that the total amount 
     available in the Fund is more than 2 times the amount 
     distributed in the previous fiscal year.
       ``(2) In each fiscal year, the Director shall distribute 
     amounts from the Fund in accordance with subsection (d). All 
     sums not distributed during a fiscal year shall remain in 
     reserve in the Fund to be distributed during a subsequent 
     fiscal year. Notwithstanding any other provision of law, all 
     sums deposited in the Fund that are not distributed shall 
     remain in reserve in the Fund for obligation in future fiscal 
     years, without fiscal year limitation.''.
       (c) Allocation of Funds for Costs and Grants.--Section 
     1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10601(d)(4)) is amended--
       (1) by striking ``deposited in'' and inserting ``to be 
     distributed from'';
       (2) in subparagraph (A), by striking ``48.5'' and inserting 
     ``47.5'';
       (3) in subparagraph (B), by striking ``48.5'' and inserting 
     ``47.5''; and
       (4) in subparagraph (C), by striking ``3'' and inserting 
     ``5''.
       (d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is 
     amended to read as follows:
       ``(5)(A) In addition to the amounts distributed under 
     paragraphs (2), (3), and (4), the Director may set aside up 
     to $50,000,000 from the amounts remaining in the Fund in 
     fiscal year 2002 as an antiterrorism emergency reserve. The 
     Director may replenish any amounts expended from such reserve 
     in subsequent fiscal years by setting aside up to 5 percent 
     of the amounts remaining in the Fund in any fiscal year after 
     distributing amounts under paragraphs (2), (3) and (4). Such 
     reserve shall not exceed $50,000,000.
       ``(B) The antiterrorism emergency reserve referred to in 
     subparagraph (A) may be used for supplemental grants under 
     section 1404B and to provide compensation to victims of 
     international terrorism under section 1404C.
       ``(C) Amounts set aside under subparagraph (A) from the 
     amounts remaining in the Fund in fiscal year 2002 shall not 
     be subject to any limitation on obligations from amounts 
     deposited to or available in the Fund, notwithstanding--
       ``(i) section 619 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, and any similar limitation on Fund obligations in 
     such Act for fiscal year 2002; and
       ``(ii) subsections (c) and (d) of section 1402.''.
       (e) Victims of September 11, 2001.--Amounts transferred to 
     the Crime Victims Fund for use in responding to the airplane 
     hijackings and terrorist acts (including any related search, 
     rescue, relief, assistance, or other similar activities) that 
     occurred on September 11, 2001, shall not be subject to any 
     limitation on obligations from amounts deposited to or 
     available in the Fund, notwithstanding--
       (1) section 619 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001, and any similar limitation on Fund obligations in 
     such Act for Fiscal Year 2002; and
       (2) subsections (c) and (d) of section 1402 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10601).

     SEC. __22. CRIME VICTIM COMPENSATION.

       (a) Allocation of Funds for Compensation and Assistance.--
     Paragraphs (1) and (2) of section 1403(a) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10602(a)) are amended by 
     striking ``40'' each place it appears and inserting ``60''.
       (b) Location of Compensable Crime.--Section 1403(b)(6)(B) 
     of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602(b)(6)(B)) is amended by striking ``are outside the 
     United States (if the compensable crime is terrorism, as 
     defined in section 2331 of title 18), or''.
       (c) Relationship of Crime Victim Compensation to Means-
     Tested Federal Benefit Programs.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Exclusion From Income, Resources, and Assets for 
     Purposes of Means Tests.--Notwithstanding any other law 
     (other than title IV of Public Law 107-42), for the purpose 
     of any maximum allowed income, resource, or asset eligibility 
     requirement in any Federal, State, or local government 
     program using Federal funds that provides medical or other 
     assistance (or payment or reimbursement of the cost of such 
     assistance), any amount of crime victim compensation that the 
     applicant receives through a crime victim compensation 
     program under this section shall not be included in the 
     income, resources, or assets of the applicant, nor shall that 
     amount reduce the amount of the assistance available to the 
     applicant from Federal, State, or local government programs 
     using Federal funds, unless

[[Page 18202]]

     the total amount of assistance that the applicant receives 
     from all such programs is sufficient to fully compensate the 
     applicant for losses suffered as a result of the crime.''.
       (d) Definitions of ``Compensable Crime'' and ``State''.--
     Section 1403(d) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10602(d)) is amended--
       (1) in paragraph (3), by striking ``crimes involving 
     terrorism,''; and
       (2) in paragraph (4), by inserting ``the United States 
     Virgin Islands,'' after ``the Commonwealth of Puerto Rico,''.
       (e) Relationship of Eligible Crime Victim Compensation 
     Programs to the September 11th Victim Compensation Fund.--
       (1) In general.--Section 1403(e) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10602(e)) is amended by inserting 
     ``including the program established under title IV of Public 
     Law 107-42,'' after ``Federal program,''.
       (2) Compensation.--With respect to any compensation payable 
     under title IV of Public Law 107-42, the failure of a crime 
     victim compensation program, after the effective date of 
     final regulations issued pursuant to section 407 of Public 
     Law 107-42, to provide compensation otherwise required 
     pursuant to section 1403 of the Victims of Crime Act of 1984 
     (42 U.S.C. 10602) shall not render that program ineligible 
     for future grants under the Victims of Crime Act of 1984.

     SEC. __23. CRIME VICTIM ASSISTANCE.

       (a) Assistance for Victims in the District of Columbia, 
     Puerto Rico, and Other Territories and Possessions.--Section 
     1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(a)) is amended by adding at the end the following:
       ``(6) An agency of the Federal Government performing local 
     law enforcement functions in and on behalf of the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, or any other territory or possession of the 
     United States may qualify as an eligible crime victim 
     assistance program for the purpose of grants under this 
     subsection, or for the purpose of grants under subsection 
     (c)(1).''.
       (b) Prohibition on Discrimination Against Certain 
     Victims.--Section 1404(b)(1) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603(b)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) does not discriminate against victims because they 
     disagree with the way the State is prosecuting the criminal 
     case.''.
       (c) Grants for Program Evaluation and Compliance Efforts.--
     Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603(c)(1)(A)) is amended by inserting ``, program 
     evaluation, compliance efforts,'' after ``demonstration 
     projects''.
       (d) Allocation of Discretionary Grants.--Section 1404(c)(2) 
     of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``not more than'' and 
     inserting ``not less than''; and
       (2) in subparagraph (B), by striking ``not less than'' and 
     inserting ``not more than''.
       (e) Fellowships and Clinical Internships.--Section 
     1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(c)(3)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) use funds made available to the Director under this 
     subsection--
       ``(i) for fellowships and clinical internships; and
       ``(ii) to carry out programs of training and special 
     workshops for the presentation and dissemination of 
     information resulting from demonstrations, surveys, and 
     special projects.''.

     SEC. __24. VICTIMS OF TERRORISM.

       (a) Compensation and Assistance to Victims of Domestic 
     Terrorism.--Section 1404B(b) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603b(b)) is amended to read as follows:
       ``(b) Victims of Terrorism Within the United States.--The 
     Director may make supplemental grants as provided in section 
     1402(d)(5) to States for eligible crime victim compensation 
     and assistance programs, and to victim service organizations, 
     public agencies (including Federal, State, or local 
     governments) and nongovernmental organizations that provide 
     assistance to victims of crime, which shall be used to 
     provide emergency relief, including crisis response efforts, 
     assistance, compensation, training and technical assistance, 
     and ongoing assistance, including during any investigation or 
     prosecution, to victims of terrorist acts or mass violence 
     occurring within the United States.''.
       (b) Assistance to Victims of International Terrorism.--
     Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603b(a)(1)) is amended by striking ``who are not 
     persons eligible for compensation under title VIII of the 
     Omnibus Diplomatic Security and Antiterrorism Act of 1986''.
       (c) Compensation to Victims of International Terrorism.--
     Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 
     10603c(b)) is amended by adding at the end the following: 
     ``The amount of compensation awarded to a victim under this 
     subsection shall be reduced by any amount that the victim 
     received in connection with the same act of international 
     terrorism under title VIII of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986.''.

   Subtitle D--Grants to Children and Adults Who Experience Violence-
                             Related Stress

     SEC. __31. CHILDREN AND ADULTS WHO EXPERIENCE VIOLENCE-
                   RELATED STRESS.

       (a) Children.--
       (1) In general.--Section 582(f) of the Public Health 
     Service Act (42 U.S.C. 290hh-1(f)) is amended by striking 
     ``2002 and 2003'' and inserting ``2002 through 2005''.
       (2) Sense of congress.--It is the sense of Congress that 
     the program established under section 582 of the Public 
     Health Service Act (42 U.S.C. 290hh-1) should be fully 
     funded.
       (b) Adults.--Title V of the Public Health Service Act (42 
     U.S.C. 290aa et seq.) is amended by inserting after section 
     582 the following:

     ``SEC. 583. GRANTS TO ADDRESS THE PROBLEMS OF PERSONS WHO 
                   EXPERIENCE VIOLENCE RELATED STRESS.

       ``(a) In General.--The Secretary shall award grants, 
     contracts or cooperative agreements to public and nonprofit 
     private entities, as well as to Indian tribes and tribal 
     organizations, for the purpose of developing programs 
     focusing on the behavioral and biological aspects of 
     psychological trauma response and for developing knowledge 
     with regard to evidence-based practices for treating 
     psychiatric disorders of adults resulting from witnessing or 
     experiencing a traumatic event.
       ``(b) Priorities.--In awarding grants, contracts or 
     cooperative agreements under subsection (a) related to the 
     development of knowledge on evidence-based practices for 
     treating disorders associated with psychological trauma, the 
     Secretary shall give priority to mental health agencies and 
     programs that have established clinical and basic research 
     experience in the field of trauma-related mental disorders.
       ``(c) Geographical Distribution.--The Secretary shall 
     ensure that grants, contracts or cooperative agreements under 
     subsection (a) with respect to centers of excellence are 
     distributed equitably among the regions of the country and 
     among urban and rural areas.
       ``(d) Evaluation.--The Secretary, as part of the 
     application process, shall require that each applicant for a 
     grant, contract or cooperative agreement under subsection (a) 
     submit a plan for the rigorous evaluation of the activities 
     funded under the grant, contract or agreement, including both 
     process and outcomes evaluation, and the submission of an 
     evaluation at the end of the project period.
       ``(e) Duration of Awards.--With respect to a grant, 
     contract or cooperative agreement under subsection (a), the 
     period during which payments under such an award will be made 
     to the recipient may not exceed 5 years. Such grants, 
     contracts or agreements may be renewed.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, such sums as 
     may be necessary for each of fiscal year 2002 and 2003.''.
                                  ____

  SA 1785. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Insert on page 346:
       (d) Incentives to Private Sector.--(1) The Secretary of 
     Defense shall prepare and submit to the congressional defense 
     committees and committees on health not later than February 
     1, 2002, an evaluation of the incentives necessary to 
     encourage the private sector to develop and produce vaccines 
     described in subsection (b)(1), as well as therapeutic 
     products for the purposes described in such subsection, for 
     acquisition by the Department of Defense.
       (2) The analysis under paragraph (1) shall include an 
     analysis of the need for long-term contracts, security 
     measures, and protection from potential losses due to product 
     liability claims.
                                  ____

  SA 1786. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page 18203]]

       At the end of the amendment insert:
       (D) Advanced Biotechnology Applications.--(1) The Secretary 
     of Defense may, subject to the availability of funds 
     appropriated and authorized to be appropriated for such 
     purposes, design and implement a program to integrate 
     advanced biotechnology applications into biological weapons 
     detection and defense activities and to develop advanced 
     biomedical treatment regimes for members of the Armed Forces.
       (2) The Secretary is authorized to use procurement 
     procedures involving requests for proposals to contract for 
     advanced research and development of defensive biotechnology 
     application under the program.
       (3) The research and development activities under the 
     program may include research and development relating to the 
     following, subject to the Secretary's prioritization of such 
     research and development:
       (A) Diagnostic systems.
       (B) Vaccines and other therapeutic products.
       (C) Anti-viral products.
       (D) Antibiotics for treatment of persons exposed to 
     biological agents.
       (E) Vaccine delivery systems.
       (F) Enzymatic bioagent and chemical agent degradation.
       (G) Wound healing therapeutics.
       (H) Gene therapy.
       (I) Biowarfare detection systems.
       (J) Radioprotective pharmaceuticals.
       (K) Gene delivery systems.
       (L) Stasis enhancement therapeutics.
       (M) Physiological enhancement pharmacologics.
       (N) Blood products.
       (O) Nanodiagnostic methods.
                                  ____

  SA 1787. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

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

     SEC. 1401. SHORT TITLE.

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

     SEC. 1402. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     vote on whether to proceed with the statute was 120 in favor 
     to 7 against, with 21 countries abstaining. The United States 
     voted against final adoption of the Rome Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified it. Pursuant to Article 126 of 
     the Rome Statute, the statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador David Scheffer stated that the United 
     States could not sign the Rome Statute because certain 
     critical negotiating objectives of the United States had not 
     been achieved. As a result, he stated: ``We are left with 
     consequences that do not serve the cause of international 
     justice.''
       (5) Ambassador Scheffer went on to tell the Congress that: 
     ``Multinational peacekeeping forces operating in a country 
     that has joined the treaty can be exposed to the Court's 
     jurisdiction even if the country of the individual 
     peacekeeper has not joined the treaty. Thus, the treaty 
     purports to establish an arrangement whereby United States 
     armed forces operating overseas could be conceivably 
     prosecuted by the international court even if the United 
     States has not agreed to be bound by the treaty. Not only is 
     this contrary to the most fundamental principles of treaty 
     law, it could inhibit the ability of the United States to use 
     its military to meet alliance obligations and participate in 
     multinational operations, including humanitarian 
     interventions to save civilian lives. Other contributors to 
     peacekeeping operations will be similarly exposed.''.
       (6) Notwithstanding these concerns, President Clinton 
     directed that the United States sign the Rome Statute on 
     December 31, 2000. In a statement issued that day, he stated 
     that in view of the unremedied deficiencies of the Rome 
     Statute, ``I will not, and do not recommend that my successor 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (8) Members of the Armed Forces of the United States should 
     be free from the risk of prosecution by the International 
     Criminal Court, especially when they are stationed or 
     deployed around the world to protect the vital national 
     interests of the United States. The United States Government 
     has an obligation to protect the members of its Armed Forces, 
     to the maximum extent possible, against criminal prosecutions 
     carried out by the International Criminal Court.
       (9) In addition to exposing members of the Armed Forces of 
     the United States to the risk of international criminal 
     prosecution, the Rome Statute creates a risk that the 
     President and other senior elected and appointed officials of 
     the United States Government may be prosecuted by the 
     International Criminal Court. Particularly if the Preparatory 
     Commission agrees on a definition of the Crime of Aggression 
     over United States objections, senior United States officials 
     may be at risk of criminal prosecution for national security 
     decisions involving such matters as responding to acts of 
     terrorism, preventing the proliferation of weapons of mass 
     destruction, and deterring aggression. No less than members 
     of the Armed Forces of the United States, senior officials of 
     the United States Government should be free from the risk of 
     prosecution by the International Criminal Court, especially 
     with respect to official actions taken by them to protect the 
     national interests of the United States.
       (10) Any agreement within the Preparatory Commission on a 
     definition of the Crime of Aggression that usurps the 
     prerogative of the United Nations Security Council under 
     Article 39 of the charter of the United Nations to 
     ``determine the existence of any . . . . act of aggression'' 
     would contravene the charter of the United Nations and 
     undermine deterrence.
       (11) It is a fundamental principle of international law 
     that a treaty is binding upon its parties only and that it 
     does not create obligations for nonparties without their 
     consent to be bound. The United States is not a party to the 
     Rome Statute and will not be bound by any of its terms. The 
     United States will not recognize the jurisdiction of the 
     International Criminal Court over United States nationals.

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

       (a) Authority To Initially Waive Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for a single period of 
     one year. A waiver under this subsection may be issued only 
     if the President at least 15 days in advance of exercising 
     such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 1405 and 1407.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1405 and 1407 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to 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).

[[Page 18204]]

       (c) Authority To Waive Sections 1404 and 1406 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 1404 and 1406 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 1405 and 1407 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 1404 and 1406 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     1405 and 1407 expires and is not extended pursuant to 
     subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections 1404, 1405, 1406, 
     and 1407 shall cease to apply, and the authority of section 
     1408 shall terminate, if the United States becomes a party to 
     the International Criminal Court pursuant to a treaty made 
     under article II, section 2, clause 2 of the Constitution of 
     the United States.

     SEC. 1404. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 1408; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 1405. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum, members of the 
     Armed Forces of the United States participating in such 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by such personnel in connection with the 
     operation.
       (b) Restriction.--Members of the Armed Forces of the United 
     States may not participate in any peacekeeping operation 
     under chapter VI of the charter of the United Nations or 
     peace enforcement operation under chapter VII of the charter 
     of the United Nations, the creation of which is authorized by 
     the United Nations Security Council on or after the date that 
     the Rome Statute enters into effect pursuant to Article 126 
     of the Rome Statute, unless the President has submitted to 
     the appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because, in authorizing the operation, the United Nations 
     Security Council permanently exempted, at a minimum, members 
     of the Armed Forces of the United States participating in the 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by them in connection with the operation;
       (2) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because each country in which members of the Armed Forces of 
     the United States participating in the operation will be 
     present either is not a party to the International Criminal 
     Court and has not invoked the jurisdiction of the 
     International Criminal Court pursuant to Article 12 of the 
     Rome Statute, or has entered into an agreement in accordance 
     with Article 98 of the Rome Statute preventing the 
     International Criminal Court from proceeding against members 
     of the Armed Forces of the United States present in that 
     country; or
       (3) the national interests of the United States justify 
     participation by members of the Armed Forces of the United 
     States in the peacekeeping or peace enforcement operation.

     SEC. 1406. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may

[[Page 18205]]

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

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

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

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

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 1410. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

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

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

     SEC. 1412. NONDELEGATION.

       The authorities vested in the President by sections 1403 
     and 1411(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 1405(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 1413. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, and other persons employed by or 
     working on behalf of the United States Government, for so 
     long as the United States is not a party to the International 
     Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a

[[Page 18206]]

     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. 1414. EFFECTIVE DATE.

       This title shall take effect one day after its date of 
     enactment.
                                  ____

  SA 1788. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

          TITLE __PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2001''.

     SEC. __02. DECLARATION OF PURPOSE AND POLICY.


       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this title, specifically, the right to form and join a 
     labor organization, the right to bargain over wages, hours, 
     and conditions of employment, the right to sign an 
     enforceable contract, and availability of some form of 
     mechanism to break an impasse, such as arbitration, 
     mediation, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. __04. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b).
       (2) Subsequent determinations.--

[[Page 18207]]

       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60 day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed, 
     except that any final determination of the Authority with 
     respect to questions of fact or law shall be found to be 
     conclusive unless the court determines that the Authority's 
     decision was arbitrary and capricious.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized as 
     the exclusive bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure to Meet Requirements.--If the Authority 
     determines, acting pursuant to its authority under subsection 
     (a), that a State does not substantially provide for the 
     rights and responsibilities described in subsection (b), such 
     State shall be subject to the regulations and procedures 
     described in section __05.

     SEC. __05. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section __04(b) establishing collective bargaining 
     procedures for public safety employers and officers in States 
     which the Authority has determined, acting pursuant to its 
     authority under section __04(a), do not substantially provide 
     for such rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this title and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators; and
       (6) take such other actions as are necessary and 
     appropriate to effectively administer this title, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code, except that any 
     final order of the Authority with respect to questions of 
     fact or law shall be found to be conclusive unless the court 
     determines that the Authority's decision was arbitrary and 
     capricious.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. __06. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. __07. EXISTING COLLECTIVE BARGAINING UNITS AND 
                   AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

     SEC. __08. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this title shall be 
     construed--
       (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are equal 
     to or greater than the rights provided under this title; or
       (2) to prevent a State from prohibiting bargaining over 
     issues which are traditional and customary management 
     functions, except as provided in section __04(b)(3).
       (b) Compliance.--No State shall preempt laws or ordinances 
     of any of its political subdivisions if such laws provide 
     collective bargaining rights for public safety officers that 
     are equal to or greater than the rights provided under this 
     title.

     SEC. __09. OFFICE FOR STATE AND LOCAL DOMESTIC PREPAREDNESS 
                   SUPPORT.

       There is authorized to be appropriate to the Office for 
     State and Local Domestic Preparedness Support in the 
     Department of Justice, $12,600,000 for each of fiscal years 
     2002 through 2006, to be used for the purposes of making 
     grants to national nonprofit employee organizations that have 
     experience in providing terrorism response training using 
     skilled instructors who are both fire fighters and certified 
     instructors, to train fire fighters to safely and effectively 
     respond to acts of terrorism.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this title, other 
     than section __09.
                                  ____

  SA 1789. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 148, between lines 17 and 18, insert the following:
       (c) Sense of the Senate.--It is the sense of the Senate 
     that all eligible American voters, regardless of race, 
     ethnicity, disability, the language they speak, or the 
     resources of the community in which they live should have an 
     equal opportunity to cast a vote and have that vote counted.
                                  ____

  SA 1790. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

[[Page 18208]]



     SEC. 2827. LAND CONVEYANCES, WENDOVER AIR FORCE BASE 
                   AUXILIARY FIELD, NEVADA.

       (a) Conveyances Required To West Wendover, Nevada.--(1) 
     Notwithstanding any other provision of law, the Secretary of 
     the Air Force and the Secretary of the Interior shall convey, 
     without consideration, to the City of West Wendover, Nevada, 
     all right, title, and interest of the United States in and to 
     the following:
       (A) The lands declared excess at Wendover Air Force Base 
     Auxiliary Field, Nevada, identified in Easement No. AFMC-HL-
     2-00-334.
       (B) The lands declared excess at Wendover Air Force Base 
     Auxiliary Field identified for disposition on the map 
     entitled ``West Wendover, Nevada-Excess'' dated January 5, 
     2001.
       (2) The purposes of the conveyances under this subsection 
     are--
       (A) to permit the establishment and maintenance of runway 
     protection zones; and
       (B) to provide for the development of an industrial park 
     and related infrastructure.
       (3) The map referred to in paragraph (1)(B) shall be on 
     file and available for public inspection in the offices of 
     the Director of the Bureau of Land Management and the Elko 
     District Office of the Bureau of Land Management.
       (b) Conveyance Required to Tooele County, Utah.--(1) 
     Notwithstanding any other provision of law, the Secretary of 
     the Air Force and the Secretary of the Interior shall convey, 
     without consideration, to Tooele County, Utah, all right, 
     title, and interest of the United States in and to the lands 
     declared excess at Wendover Air Force Base Auxiliary Field 
     identified in Easement No. AFMC-HL-2-00-318.
       (2) The purpose of the conveyance under this subsection is 
     to permit the establishment and maintenance of runway 
     protection zones and an aircraft accident potential 
     protection zone as necessitated by continued military 
     aircraft operations at the Utah Test and Training Range.
       (c) Management of Conveyed Lands.--The lands conveyed under 
     subsections (a) and (b) shall be managed by the City of West 
     Wendover, Nevada, City of Wendover, Utah, Tooele County, 
     Utah, and Elko County, Nevada--
       (1) in accordance with the provisions of an Interlocal 
     Memorandum of Agreement entered into between the Cities of 
     West Wendover, Nevada, and Wendover, Utah, Tooele County, 
     Utah, and Elko County, Nevada, providing for the coordinated 
     management and development of the lands for the economic 
     benefit of both communities; and
       (2) in a manner that is consistent with such provisions of 
     the easements referred to subsections (a) and (b) that remain 
     applicable and relevant to the operation and management of 
     the lands following conveyance and are consistent with the 
     provisions of this section.
       (d) Responsibility for Environmental Cleanup.--The 
     Secretary of Defense shall be responsible for compliance with 
     all environmental laws and regulations relating to the 
     cleanup of any military munitions or other environmental 
     contaminants discovered on the lands conveyed under this 
     section after their conveyance under this section that are 
     attributable to activities of the Department of Defense or 
     the Department of Energy before the conveyance of the lands 
     under this section.
       (e) Compliance with NEPA.--Compliance by the Secretary of 
     the Air Force with the provisions of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) the 
     easements referred to in subsections (a) and (b) shall 
     constitute compliance by the Secretary of the Air Force and 
     the Secretary of the Interior with respect to the conveyances 
     required by this section.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Air Force and the Secretary of the Interior may jointly 
     require such additional terms and conditions in connection 
     with the conveyances required by subsections (a) and (b) as 
     the Secretaries consider appropriate to protect the interests 
     of the United States.
                                  ____

  SA 1791. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 335. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER 
                   EXPANDED ARABIC LANGUAGE PROGRAM.

       Of the amount authorized to be appropriated by section 
     301(1) for operation and maintenance for the Army, $650,000 
     may be available for the Defense Language Institute Foreign 
     Language Center (DLIFLC) for an expanded Arabic language 
     program.
                                  ____

  SA 1792. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill S. 1401, to authorize appropriations 
for the Department of State and for United States international 
broadcasting activities for fiscal years 2002 and 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 152, after line 4, add the following new subtitle:

   Subtitle G--Justice for United States Prisoners of War Act of 2001

     SEC. 791. SHORT TITLE.

       This subtitle may be cited as the ``Justice for United 
     States Prisoners of War Act of 2001''.

     SEC. 792. FINDINGS.

       The Congress finds the following:
       (1) During World War II, members of the United States Armed 
     Forces held as prisoners of war by Japan were forced to 
     provide labor for Japanese privately owned corporations in 
     functions unrelated to the prosecution of the war.
       (2) International law, including international conventions 
     relating to the protection of prisoners of war, was violated 
     when these Japanese corporations--
       (A) failed to pay wages to captured United States 
     servicemembers for their labor;
       (B) allowed and promoted torture and mistreatment of 
     captured United States servicemembers; and
       (C) withheld food and medical treatment from captured 
     United States servicemembers.
       (3) In the Treaty of Peace with Japan, signed at San 
     Francisco September 8, 1951 (3 UST 3169), the Government of 
     Japan admitted liability for illegal conduct toward the 
     Allied Powers and, in particular, liability for illegal and 
     inhumane conduct toward members of the armed forces of the 
     Allied Powers held as prisoners of war.
       (4) Despite this admission of liability, Article 14(b) of 
     the Treaty has been construed to waive all private claims by 
     nationals of the United States, including private claims by 
     members of the United States Armed Forces held as prisoners 
     of war by Japan during World War II.
       (5) Under Article 26 of the Treaty, the government of Japan 
     agreed that if Japan entered into a war claims settlement 
     agreement with a country that is not a party to the Treaty 
     that provides more favorable terms to that country than the 
     terms Japan extended to the parties to the Treaty, then Japan 
     would extend those more favorable terms to each of the 
     parties to the Treaty, including to the United States.
       (6) Since the entry into force of the Treaty in 1952, the 
     Government of Japan has entered into war claims settlement 
     agreements with countries that are not party to the Treaty 
     that provide more favorable terms than those extended to the 
     parties to the Treaty, such as terms that allow claims by 
     nationals of those countries against Japanese nationals to be 
     pursued without limitation, restriction, or waiver or any 
     type.
       (7) In accordance with Article 26 of the Treaty, Japan is 
     obligated to extend those same favorable terms to the United 
     States, including to nationals of the United States, who as 
     members of the United States Armed Forces, were held as 
     prisoners of war by Japan during World War II and who were 
     forced to provide labor without compensation and under 
     inhumane conditions.
       (8) The people of the United States owe a deep and eternal 
     debt to the heroic United States servicemembers held as 
     prisoners of war by Japan for the sacrifices those 
     servicemembers made on behalf of the United States in the 
     days after the ignominious aggression of Japan against the 
     United States at Pearl Harbor, Bataan, and Corregidor.
       (9) The pursuit of justice by those servicemembers through 
     lawsuits filed in the United States, where otherwise 
     supported by Federal, State, or international law, is 
     consistent with the interests of the United States and should 
     not be preempted by any other provision of law or by the 
     Treaty.
       (10) Despite repeated requests for disclosure by United 
     States servicemembers, the Department of Veterans Affairs, 
     and Congress, the United States Government has withheld from 
     those servicemembers and their physicians Japanese records 
     that were turned over to the United States and that relate to 
     chemical and biological experiments conducted on United 
     States servicemembers held as prisoners of war by Japan 
     during World War II.

     SEC. 793. SUITS AGAINST JAPANESE NATIONALS.

       (a) In General.--In an action brought in a Federal court 
     against a Japanese defendant by a member of the United States 
     Armed Forces who was held as a prisoner of war by Japan 
     during World War II that seeks compensation for mistreatment 
     or failure to pay wages in connection with labor performed by 
     such a member to the benefit of the Japanese defendant during 
     World War II, the court--
       (1) shall apply the applicable statute of limitations of 
     the State in which the Federal court hearing the case is 
     located;
       (2) shall not construe Article 14(b) of the Treaty as 
     constituting a waiver by the United States of claims by 
     nationals of the

[[Page 18209]]

     United States, including claims by members of the United 
     States Armed Forces, so as to preclude the pending action.
       (b) Sunset.--Paragraph (1) of subsection (a) shall cease to 
     apply at the end of the 10-year period beginning on the date 
     of enactment of this Act.

     SEC. 794. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF THE 
                   TREATY OF PEACE WITH JAPAN.

       It is the policy of the United States Government to ensure 
     that all terms under any war claims settlement agreement 
     between Japan and any other country that are more favorable 
     than those terms extended to the United States under the 
     Treaty, will be extended to the United States in accordance 
     with Article 26 of the Treaty with respect to claims by 
     nationals of the United States who, as members of the United 
     States Armed Forces, were held as prisoners of war by Japan 
     during World War II and who were forced to provide labor 
     without compensation and under inhumane conditions.

     SEC. 795. AVAILABILITY OF INFORMATION RELATING TO CERTAIN 
                   CHEMICAL AND BIOLOGICAL TESTS CONDUCTED BY 
                   JAPAN DURING WORLD WAR II.

       (a) Availability of Information to the Secretary of 
     Veterans Affairs.--Notwithstanding any other provision of 
     law, the Secretary of Veterans Affairs may request from, and 
     the head of the department or agency so requested shall 
     provide to the Secretary, information relating to chemical or 
     biological tests conducted by Japan on members of the United 
     States Armed Forces held as prisoners of war by Japan during 
     World War II, including any information provided to the 
     United States Government by Japan.
       (b) Availability of Information to Interested Members of 
     the Armed Forces.--Any information received by the Secretary 
     of Veterans Affairs under subsection (a), with respect to an 
     individual member of the United States Armed Forces held as a 
     prisoner of war by Japan during World War II, may be made 
     available to that individual to the extent otherwise provided 
     by law.

     SEC. 796. DEFINITIONS.

       In this subtitle:
       (1) Japanese defendant.--
       (A) In general.--The term ``Japanese defendant'' means a 
     Japanese national, an entity organized or incorporated under 
     Japanese law, an affiliate of an entity organized or 
     incorporated under Japanese law that is organized or 
     incorporated under the laws of any State, and any predecessor 
     of that entity or affiliate.
       (B) Limitation.--The term does not include the Government 
     of Japan.
       (2) State.--The term ``State'' means the several States, 
     the District of Columbia, and any commonwealth, territory or 
     possession of the United States.
       (3) Treaty.--The term ``Treaty'' mean the Treaty of Peace 
     with Japan, signed at San Francisco on September 8, 1951 (3 
     UST 3169).
                                  ____

  SA 1793. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       In section 2301(b), in the table, insert after the item 
     relating to Osan Air Base, Korea, the following new item:

Oman.........................                Masirah Island   $8,000,000
 

       In section 2301(b), in the table, strike the item 
     identified as the total in the amount column and insert 
     ``$257,392,000''.
       In section 2304(a), in the matter preceding paragraph (1), 
     strike ``$2,579,791,000'' and insert ``$2,587,791,000''.
       In section 2304(a)(2), strike ``$249,392,000'' and insert 
     ``$257,392,000''.
                                  ____

  SA 1794. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 2827. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH 
                   CAROLINA.

       The Secretary of the Navy may, using funds previously 
     appropriated for such purpose, acquire any and all right, 
     title, and interest in and to a parcel of real property, 
     including improvements thereon, consisting of approximately 
     240 acres, or any portion thereof, in Perquimans County, 
     North Carolina, for purposes of including such parcel in the 
     Harvey Point Defense Testing Activity, Hertford, North 
     Carolina.
                                  ____

  SA 1795. Mr. LEVIN (for Mr. Feingold) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place in the bill insert the following 
     sections:

     SEC.  . LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE, 
                   WISCONSIN.

       (a) Conveyance Required.--The Administrator of General 
     Services may convey, without consideration, to the City of 
     Kewaunee, Wisconsin (in this section referred to as the 
     City), all right, title, and interest of the United States in 
     and to a parcel of Federal real property, including 
     improvements thereon, that is located at 401 5th Street in 
     Kewaunee, Wisconsin, and contains an excess Army Reserve 
     Center. After such conveyance, the property may be used and 
     occupied only by the City, or by another local or State 
     government entity approved by the City.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Administrator. The cost of the survey shall be borne 
     by the City.
       (c) Reversionary Interest.--During the 20-year period 
     beginning on the date the Administrator makes the conveyance 
     under subsection (a), if the Administrator determines that 
     the conveyed property is not being used and occupied in 
     accordance with such subsection, all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States. Upon reversion, 
     the United States shall immediately proceed to a public sale 
     of the property.
       (d) Additional Terms and Conditions.--(1) The property 
     shall not be used for commercial purposes.
       (2) The Administrator may require such additional terms and 
     conditions in connection with the conveyance under subsection 
     (a) as the Administrator considers appropriate to protect the 
     interests of the United States.

     SEC.  . TREATMENT OF AMOUNTS RECEIVED.

       Any net proceeds received by the United States as payment 
     under subsection (c) of the previous section shall be 
     deposited into the Land and Water Conservation Fund.
                                  ____

  SA 1796. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 18, line 14, increase the amount by $22,700,000.
       On page 23, line 12, reduce the amount by $22,700,000.
                                  ____

  SA 1797. Mr. LEVIN (for Mrs. Carnahan) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 235, between lines 15 and 16, insert the following:

     SEC. 718. TRANSITIONAL HEALTH CARE TO MEMBERS SEPARATED FROM 
                   ACTIVE DUTY.

       (a) Permanent Authority for Involuntarily Separated Members 
     and Mobilized Reserves.--Subsection (a) of section 1145 of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraph (2), a 
     member'' and all that follows through ``of the member),'' and 
     inserting ``paragraph (3), a member of the armed forces who 
     is separated from active duty as described in paragraph 
     (2)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) This subsection applies to the following members of 
     the armed forces:
       ``(A) A member who is involuntarily separated from active 
     duty.
       ``(B) A member of a reserve component who is separated from 
     active duty to which called or ordered in support of a 
     contingency operation if the active duty is active duty for a 
     period of more than 30 days.
       ``(C) A member who is separated from active duty for which 
     the member is involuntarily retained under section 12305 of 
     this title in support of a contingency operation.
       ``(D) A member who is separated from active duty served 
     pursuant to a voluntary agreement of the member to remain on 
     active duty for a period of less than one year in support of 
     a contingency operation.''; and

[[Page 18210]]

       (4) in paragraph (3), as redesignated by paragraph (2), is 
     amended by striking ``involuntary'' each place it appears.
       (b) Conforming Amendments.--Such section 1145 is further 
     amended--
       (1) in subsection (c)(1), by striking ``during the period 
     beginning on October 1, 1990, and ending on December 31, 
     2001''; and
       (2) in subsection (e), by striking the first sentence.
       (c) Repeal of Superseded Authority.--(1) Section 1074b of 
     title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 55 of 
     such title is amended by striking the item relating to 
     section 1074b.
       (d) Transition Provision.--Notwithstanding the repeal of 
     section 1074b of title 10, United States Code, by subsection 
     (c), the provisions of that section, as in effect before the 
     date of the enactment of this Act, shall continue to apply to 
     a member of the Armed Forces who is released from active duty 
     in support of a contingency operation before that date.
                                  ____

  SA 1798. Mr. WARNER (for Mr. Stevens) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place, insert:
       Of the funds authorized to be appropriated for section 301, 
     $230,255,000 shall be available for Environmental 
     Restoration, Formerly Used Defense Sites.
                                  ____

  SA 1799. Mr. LEVIN (for Mr. Dorgan) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the appropriate place in the bill, insert the following 
     new section.
       Sec.   . Plan.--The Secretary of the Navy shall, not later 
     than February 1, 2002, submit to Congress a plan to ensure 
     that the embarkation of selected civilian guests does not 
     interfere with the operational readiness and safe operation 
     of Navy vessels. The plan shall include, at a minimum:
       Procedures to ensure that guest embarkations are conducted 
     only within the framework of regularly scheduled operations 
     and that underway operations are not conducted solely to 
     accommodate non-official civilian guests,
       Guidelines for the maximum number of guests that can be 
     embarked on the various classes of Navy vessels,
       Guidelines and procedures for supervising civilians 
     operating or controlling any equipment on Navy vessels,
       Guidelines to ensure that proper standard operating 
     procedures are not hindered by activities related to hosting 
     civilians,
       Any other guidelines or procedures the Secretary shall 
     consider necessary or appropriate.
       Definition. For the purposes of this section, civilian 
     guests are defined as civilians invited to embark on Navy 
     ships solely for the purpose of furthering public awareness 
     of the Navy and its mission. It does not include civilians 
     conducting official business.
                                  ____

  SA 1800. Mr. WARNER (for Mr. Lott) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the end of subtitle B of title XII add the following:

     SEC. 1217. ALLIED DEFENSE BURDENSHARING.

       It is the sense of the Senate that----
       (1) the efforts of the President to increase defense 
     burdensharing by allied and friendly nations deserve strong 
     support;
       (2) host support agreements with those nations in which 
     United States military personnel are assigned to permanent 
     duty ashore should be negotiated consistent with section 
     1221(a)(1) of the National Defense Authorization Act for 
     Fiscal Year 1998 (P.L. 105-85) which sets forth a goal of 
     obtaining financial contributions from host nations that 
     amount to 75 percent of the non-personnel costs incurred by 
     the United States government for stationing military 
     personnel in those nations.
                                  ____

  SA 1801. Mr. LEVIN (for Mr. Bingaman) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 335. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER 
                   EXPANDED ARABIC LANGUAGE PROGRAM.

       Of the amount authorized to be appropriated by section 
     301(1) for operation and maintenance for the Army, $650,000 
     may be available for the Defense Language Institute Foreign 
     Language Center (DLIFLC) for an expanded Arabic language 
     program.
                                  ____

  SA 1802. Mr. WARNER (for Mr. Lott) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the appropriate place in the bill, add the following:

     SEC. 301(5). AUTHORIZATION OF ADDITIONAL FUNDS.

       Of the amount authorized to be appropriated by section 
     301(5), $2,000,000 may be available for the replacement and 
     refurbishment of air handlers and related control systems at 
     Air Force medical centers.
                                  ____

  SA 1803. Mr. LEVIN (for Mr. Bingaman) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 553, between lines 12 and 13, insert the following:

     SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF 
                   DEPARTMENT OF ENERGY FACILITIES TO TERRORIST 
                   ATTACK.

       (a) In General.--Part C of title VI of the Department of 
     Energy Organization Act (42 U.S.C. 7251 et seq.) is amended 
     by adding at the end the following new section:


   ``annual assessment and report on vulnerability of facilities to 
                            terrorist attack

       ``Sec. 663. (a) The Secretary shall, on an annual basis, 
     conduct a comprehensive assessment of the vulnerability of 
     Department facilities to terrorist attack.
       ``(b) Not later than January 31 each year, the Secretary 
     shall submit to Congress a report on the assessment conducted 
     under subsection (a) during the preceding year. Each report 
     shall include the results of the assessment covered by such 
     report, together with such findings and recommendations as 
     the Secretary considers appropriate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that Act is amended by inserting after the item 
     relating to section 662 the following new item:

``Sec. 663. Annual assessment and report on vulnerability of facilities 
              to terrorist attack.''.
                                  ____

  SA 1804. Mr. WARNER proposed an amendment to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 396, between lines 13 and 14, insert the following:

     SEC. 1217. RELEASE OF RESTRICTION ON USE OF CERTAIN VESSELS 
                   PREVIOUSLY AUTHORIZED TO BE SOLD.

       Section 3603(a) of the Storm Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2273) is amended by striking ``for full use as an 
     oiler''.
                                  ____

  SA 1805. Mr. Levin (for Mr. Durbin) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 306. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS 
                   AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING 
                   CENTER, GREAT LAKES, ILLINOIS.

       (a) Availiability of Funds for Renovation.--Subject to 
     subsection (b), of the

[[Page 18211]]

     amount authorized to be appropriated by section 301(2) for 
     operations and maintenance for the Navy, the Secretary of the 
     Navy may make available to the Secretary of Veterans Affairs 
     up to $2,000,000 for relocation of Department of Veterans 
     Affairs activities and associated renovation of existing 
     facilities at the North Chicago Department of Veterans 
     Affairs Medical Center.
       (b) Limitation.--The Secretary of the Navy may make funds 
     available under subsection (a) only after the Secretary of 
     the Navy and the Secretary of Veterans Affairs enter into an 
     appropriate agreement for the use by the Secretary of the 
     Navy of approximately 48 acres of real property at the North 
     Chicago Department of Veterans Affairs property referred to 
     in subsection (a) for expansion of the Naval Training Center, 
     Great Lakes, Illinois.
                                  ____

  SA 1806. Mr. WARNER (for Mr. Bond (for himself and Mr. Byrd) proposed 
an amendment to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       On page 65, after line 24, insert the following:

     SEC. 335. CONSEQUENCE MANAGEMENT TRAINING.

       Of the amount authorized to be appropriated by section 
     301(5), $5,000,000 may be available for the training of 
     members of the Armed Forces (including reserve component 
     personnel) in the management of the consequences of an 
     incident involving the use or threat of use of a weapon of 
     mass destruction.
                                  ____

  SA 1807. Mr. LEVIN (for Mr. rockefeller) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
forces, and for other purposes; as follows:

       At the end of subtitle D of Title XXVIII, add the 
     following:

     SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO REPAIR OR 
                   ESTABLISHMENT MEMORIAL AT PENTAGON RESERVATION.

       (a) Authority To Accept Contributions.--The Secretary of 
     Defense may accept contributions made for the purpose of 
     establishing a memorial or assisting in the repair of the 
     damage caused to the Pentagon Reservation by the terrorist 
     attack that occurred on September 11, 2001.
       (b) Deposit of Contributions.--The Secretary shall deposit 
     contributions accepted under subsection (a) in the Pentagon 
     Reservation Maintenance Revolving Fund established by section 
     2674(e) of title 10, United states Code.
                                  ____

  SA 1808. Mr. WARNER (for McCain) proposed an amendment to the bill S. 
1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 192, after line 20, insert the following:

     SEC. 621. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES 
                   FOR EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.

       (a) Aviation Officers.--Section 301b(b)(4) of title 37, 
     United States Code, is amended by striking ``has completed'' 
     and inserting ``is within one year of the completion of''.
       (b) Surface Warfare Officers.--Section 319(a)(3) of title 
     37, United States Code, is amended by striking ``has 
     completed'' and inserting ``is within one year of the 
     completion of''.
                                  ____

  SA 1809. Mr. LEVIN (for Mr. Bingaman (for himself and Mr. Domenici) 
proposed an amendment to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 215. BIG CROW PROGRAM AND DEFENSE SYSTEMS EVALUATION 
                   PROGRAM.

       (a) Increase in Authorization of Appropriations for 
     Research, Development, Test, and Evaluation, Defense-Wide.--
     The amount authorized to be appropriated by section 201(4) 
     for research, development, test, and evaluation, Defense-
     wide, is hereby increased by $6,500,000, with the amount of 
     the increase to be available for operational test and 
     evaluation (PE605118D).
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 201(4), as increased by subsection 
     (a)--
       (1) $5,000,000 may be available for the Big Crow program; 
     and
       (2) $1,500,000 may be available for the Defense Systems 
     Evaluation (DSE) program.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $6,500,000.
                                  ____

  SA 1810. Mr. WARNER (for Mr. Lott) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the appropriate place in the bill, add the following:

     SEC. 201(1). AUTHORIZATION OF ADDITIONAL FUNDS.

       Authorization.--The amount authorized to be appropriated in 
     section 201(1) is increased by $2,500,000 in PE62303A214 for 
     Enhanced Scramjet Mixing.
       Offset.--The amount authorized to be appropriated by 
     section 301(5) is reduced by $2,500,000.
                                  ____

  SA 1811. Mr. LEVIN (for Mr. Cleland (for himself and Mr. Miller) 
proposed an amendment to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 203. FUNDING FOR SPECIAL OPERATIONS FORCES COMMAND, 
                   CONTROL, COMMUNICATIONS, COMPUTERS, AND 
                   INTELLIGENCE SYSTEMS THREAT WARNING AND 
                   SITUATIONAL AWARENESS PROGRAM.

       (a) Increased Authorization of Appropriations for Research, 
     Development, Test, and Evaluation, Defense-Wide.--The amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide, is hereby 
     increased by $2,800,000.
       (b) Availability.--Of the amount authorized to be 
     appropriated by section 201(4), as increased by subsection 
     (a), $2,800,000 may be available for the Special Operations 
     Forces Command, Control, Communications, Computers, and 
     Intelligence Systems Threat Warning and Situational Awareness 
     (PRIVATEER) program (PE1160405BB).
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(5) for operation and maintenance for Defense-wide 
     activities is hereby reduced by $2,800,000.
                                  ____

  SA 1812. Mr. WARNER proposed an amendment to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 65, after line 24, insert the following:

     SEC. 335. CRITICAL INFRASTRUCTURE PROTECTION INITIATIVE OF 
                   THE NAVY.

       Of the amount authorized to be appropriated by section 
     301(2), $6,000,000 may be available for the critical 
     infrastructure protection initiative of the Navy.
                                  ____

  SA 1813. Mr. LEVIN (for Mr. Conrad (for himself, Mr. Dorgan, Mr. 
Enzi, Mr. Baucus, Mr. Burns, and Mr. Thomas)) proposed an amendment to 
the bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place, insert:
       Study and Plan.--
       (a). With the submission of the fiscal year 2003 budget 
     request, the Secretary of Defense shall provide to the 
     congrssional defense committees a report and the Secretary's 
     recommendations on options for providing the helicopter 
     support missions for the ICBM wings at Minot AFB, North 
     Dakota; Malmstrom AFB, Montana; and F.E. Warren AFB, Wyoming, 
     for as long as these missions are required.
       (b) Options to be reviewed include:

[[Page 18212]]

       (1) the Air Force's current plan for replacement or 
     modernization of UH-1N helicopters currently flown by the Air 
     Force at the missile wings;
       (2) replacement of the UH-1N helicopters currently flown by 
     the Air Force with UH-60 Black Hawk helicopters, the UH-1Y, 
     or another platform.
       (3) replacement of UH-1N helicopters with UH-60 helicopters 
     and transition of the mission to the Army National Guard, as 
     detailed in a November 2000 Air Force Space Command/Army 
     National Guard plan, ``ARNG Helicopter Support to Air Force 
     Space Command;''
       (4) replacement of UH-1N helicopters with UH-60 helicopters 
     or another platform, and establishment of composite units 
     combining active duty Air Force and Army National Guard 
     personnel; and
       (5) other options as the Secretary deems appropriate.
       (c). Factors to be considered in this analysis include:
       (1) any implications of transferring the helicopter support 
     missions on the command and control of the responsibility for 
     missile field force protection;
       (2) current and future operational requirements, and the 
     capabilities of the UH-1N, and UH-60 or other aircraft to 
     meet them;
       (3) cost, with particular attention to opportunities to 
     realize efficiencies over the long run;
       (4) implications for personnel training and retention; and,
       (5) evaluation of the assumptions used in the plan 
     specified in (b)(3) above.
       (d). The Secretary shall consider carefully the views of 
     the Secretary of the Army, Secretary of the Air Force, 
     Commander in Chief of the United States Strategic Command, 
     and the Chief of the National Guard Bureau.
                                  ____

  SA 1814. Mr. WARNER (for Mrs. Hutchison) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 171, between lines 2 and 3, insert the following:

     SEC. 589. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
                   ACCESSION TRAINING AND EDUCATION PROGRAMS.

       (a) Study.--The Secretary of Defense shall conduct a review 
     of the health and disability benefit programs available to 
     recruits and officer candidates engaged in training, 
     education, or other types of programs while not yet on active 
     duty and to cadets and midshipmen attending the service 
     academies. The review shall be conducted with the 
     participation of the Secretaries of the military departments.
       (b) Report.--Not later than March 1, 2002, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the findings of the review. The 
     report shall include the following with respect to persons 
     described in subsection (a):
       (1) A statement of the process and detailed procedures 
     followed by each of the Armed Forces under the jurisdiction 
     of the Secretary of a military department to provide health 
     care and disability benefits to all such persons injured in 
     training, education, or other types of programs conducted by 
     the Secretary of a military department.
       (2) Information on the total number of cases of such 
     persons requiring health care and disability benefits and the 
     total number of cases and average value of health care and 
     disability benefits provided under the authority for each 
     source of benefits available to those persons.
       (3) A discussion of the issues regarding health and 
     disability benefits for such persons that are encountered by 
     the Secretary during the review, to include discussions with 
     individuals who have received those benefits.
       (4) A statement of the processes and detailed procedures 
     followed by each of the Armed Forces under the jurisdiction 
     of the Secretary of a military department to provide recruits 
     and officer candidates with succinct information on the 
     eligibility requirements (including information on when they 
     become eligible) for health care benefits under the Defense 
     health care program, and the nature and availability of the 
     benefits under the program.
       (5) A discussion of the necessity for legislative changes 
     and specific legislative proposals needed to improve the 
     benefits provided those persons.
                                  ____

  SA 1815. Mr. LEVIN (for Mr. Johnson) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       The Senate finds that a national tragedy occurred on 
     September 11, 2001, whereby enemies of freedom and democracy 
     attacked the United States of America and injured or killed 
     thousands of innocent victims;
       The Senate finds that the perpetrators of these 
     reprehensible attacks destroyed brick and mortar buildings, 
     but the American spirit and the American people have become 
     stronger as they have united in defense of their country;
       The Senate finds that the American people have responded 
     with incredible acts of heroism, kindness, and generosity;
       The Senate finds that the outpouring of volunteers, blood 
     donors, and contributions of food and money demonstrates that 
     America will unite to provide relief to the victims of these 
     cowardly terrorist acts;
       The Senate finds that the American people stand together to 
     resist all attempts to steal their freedom; and
       Whereas united, Americans will be victorious over their 
     enemies, whether known or unknown: Now, therefore, it is the 
     sense of the Senate that--
       (1) the Secretary of the Treasury should--
       (A) immediately issue savings bonds, to be designated as 
     ``Unity Bonds''; and
       (B) report quarterly to Congress on the revenue raised from 
     the sale of Unity Bonds; and
       (2) the proceeds from the sale of Unity Bonds should be 
     directed to the purposes of rebuilding America and fighting 
     the war on terrorism.
                                  ____

  SA 1816. Mr. WARNER proposed an amendment to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the appropriate place, insert:

     SEC.  . PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR 
                   DEPARTMENT OF DEFENSE PENTAGON RESERVATION 
                   CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE

       Section 2674(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(I)'' before the text in the first 
     paragraph of that subsection;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and
       (3) by adding at the end the following new paragraph:
       ``(2) For positions whose permanent duty station is the 
     Pentagon Reservation, the Secretary, in his sole and 
     exclusive discretion, may--
       ``(A) without regard to the pay provisions of title 5, fix 
     the rates of basic pay for such positions occupied by 
     civilian law enforcement and security personnel appointed 
     under the authority of this section so as to place such 
     personnel on a comparable basis with other similar federal 
     law enforcement and security organizations within the 
     vicinity of the Pentagon Reservation, not to exceed basic pay 
     for personnel performing similar duties in the Uniformed 
     Division of the Secret Service or the Park Police.
                                  ____

  SA 1817. Mr. LEVIN (for Mr. Kennedy) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 222, line 17, and after ``include comprehensive 
     health care,'' insert the following: ``including services 
     necessary to maintain function, or to minimize or prevent 
     deterioration of function, of the patient,''.

       On page 226, strike line 15, and insert the following:

     SEC. 706. PROSTHETICS AND HEARING AIDS.

       Section 1077 of title 10 United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(16) A hearing aid, but only for a dependent of a member 
     of the uniformed services on active duty and only if the 
     dependent has a profound hearing loss, as determined under 
     standards prescribed in regulations by the Secretary of 
     Defense in consultation with the administering 
     Secretaries.'';
       (2) in subsection (b)(2), by striking ``Hearing aids, 
     orthopedic footwear,'' and inserting ``Orthopedic footwear''; 
     and
       (3) by adding at the end the following new subsection:
       ``(f)(1) Authority to provide a prosthetic device under 
     subsection (a)(15) includes authority to provide the 
     following:
       ``(A) Any accessory or item of supply that is used in 
     conjunction with the device for the purpose of achieving 
     therapeutic benefit and proper functioning.
       ``(B) Services necessary to train the recipient of the 
     device in the use of the device.

[[Page 18213]]

       ``(C) Repair of the device for normal wear and tear or 
     damage.
       ``(D) Replacement of the device if the device is lost or 
     irreparably damaged or the cost of repair would exceed 60 
     percent of the cost of replacement.
       ``(2) An augmentative communication device may be provided 
     as a voice prosthesis under subsection (a)(15).
       ``(3) A prosthetic device customized for a patient may be 
     provided under this section only by a prosthetic practitioner 
     who is qualified to customize the device, as determined under 
     regulations prescribed by the Secretary of Defense in 
     consultation with the administering Secretaries.''.

     SEC. 707. DURABLE MEDICAL EQUIPMENT.

       (a) Items Authorized.--Section 1077 of title 10, United 
     States Code, as amended by section 706, is further amended--
       (1) in subsection (a)(12), by striking ``such as 
     wheelchairs, iron lungs, and hospital beds,'' and inserting 
     ``which''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Items that may be provided to a patient under 
     subsection (a)(12) include the following:
       ``(A) Any durable medical equipment that can improve, 
     restore, or maintain the function of a malformed, diseased, 
     or injured body part, or can otherwise minimize or prevent 
     the deterioration of the patient's function or condition.
       ``(B) Any durable medical equipment that can maximize the 
     patient's function consistent with the patient's 
     physiological or medical needs.
       ``(C) Wheelchairs.
       ``(D) Iron lungs,
       ``(E) Hospital beds.
       ``(2) In addition to the authority to provide durable 
     medical equipment under subsection (a)(12), any customization 
     of equipment owned by the patient that is durable medical 
     equipment authorized to be provided to the patient under this 
     section or section 1079(a)(5) of this title, and any 
     accessory or item of supply for any such equipment, may be 
     provided to the patient if the customization, accessory, or 
     item of supply is essential for--
       ``(A) achieving therapeutic benefit for the patient;
       ``(B) making the equipment serviceable; or
       ``(C) otherwise assuring the proper functioning of the 
     equipment.''.
       (b) Provision of Items on Rental Basis.--Paragraph (5) of 
     section 1079(a) of such title is amended to read as follows:
       ``(5) Durable equipment provided under this section may be 
     provided on a rental basis.''.

     SEC. 708. REHABILITATIVE THERAPY.

       Section 1077(a) of title 10, United States Code, as amended 
     by section 706(1), is further amended by inserting after 
     paragraph (16) the following new paragraph:
       ``(17) Any rehabilitative therapy to improve, restore, or 
     maintain function, or to minimize or prevent deterioration of 
     function, of a patient when prescribed by a physician.''.

     SEC. 709. MENTAL HEALTH BENEFITS.

       (a) Requirement for Study.--The Secretary of Defense shall 
     carry out a study to determine the adequacy of the scope and 
     availability of outpatient mental health benefits provided 
     for members of the Armed Forces and covered beneficiaries 
     under the TRICARE program.
       (b) Report.--Not later than March 31, 2002, the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     study, including the conclusions and any recommendations for 
     legislation that the Secretary considers appropriate.

     SEC. 710. EFFECTIVE DATE.
                                  ____


  SA 1818. Mr. WARNER proposed an amendment to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the appropriate place, insert:

     SEC.  . HOSTILE FIRE OR IMMINENT DANGER PAY.

       (a) In General.--Chapter 59, subchapter IV of title 5, 
     United States Code, is amended by adding at the end the 
     following new section:

     Sec. 5949 Hostile fire or imminent danger pay

       ``(a) The head of an Executive agency may pay an employee 
     special pay at the rate of $150 for any month in which the 
     employee, while on duty in the United States--
       ``(1) was subject to hostile fire or explosion of hostile 
     mines;
       ``(2) was in an area of the Pentagon in which the employee 
     was in imminent danger of being exposed to hostile fire or 
     explosion of hostile mines and in which, during the period on 
     duty in that area, other employees were subject to hostile 
     fire or explosion of hostile mines;
       ``(3) was killed, injured, or wounded by hostile fire, 
     explosion of a hostile mine, or any other hostile action; or
       ``(4) was in an area of the Pentagon in which the employee 
     was subject to the threat of physical harm or imminent danger 
     on the basis of civil insurrection, civil war, terrorism, or 
     wartime conditions.
       ``(b) An employee covered by subsection (a)(3) who is 
     hospitalized for the treatment of his injury or wound may be 
     paid special pay under this section for not more than three 
     additional months during which the employee is so 
     hospitalized.
       ``(c) For the purpose of this section, ``United States'' 
     means the several States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, and the territories and possessions of the 
     United States.
       ``(d) An employee may be paid special pay under this 
     section in addition to other pay and allowances to which 
     entitled. Payments under this section may not be considered 
     to be part of basic pay of an employee.''.
       (b) Technical Amendment.--The table of sections at the 
     beginning of chapter 59 of such title is amended by inserting 
     at the end the following new item:
``Sec. 5949 Hostile fire or imminent danger pay.''.
       (c) Effective Date.--This provision is effective as if 
     enacted into law on September 11, 2001, and may be applied to 
     any hostile action that took place on that date or 
     thereafter.
                                  ____

  SA 1819. Mr. LEVIN (for Mr. Kennedy) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the end of title VI, add the following:

             Subtitle F--National Emergency Family Support

     SEC. 681. CHILD CARE AND YOUTH ASSISTANCE.

       (a) Authority.--The Secretary of Defense may provide 
     assistance for families of members of the Armed Forces 
     serving on active duty during fiscal year 2002, in order to 
     ensure that the children of such families obtain needed child 
     care and youth services.
       (b) Appropriate Primary Objective.--The assistance 
     authorized by this section should be directed primarily 
     toward providing needed family support, including child care 
     and youth services for children of such personnel who are 
     deployed assigned, or ordered to active duty in connection 
     with operations of the Armed Forces under the national 
     emergency.

     SEC. 682. FAMILY EDUCATION AND SUPPORT SERVICES.

       During fiscal year 2002, the Secretary of Defense is 
     authorized to provide family education and support services 
     to families of members of the Armed Services to the same 
     extent that these services were provided during the Persian 
     Gulf war.
                                  ____

  SA 1820. Mr. WARNER (for Ms. Collins) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 363, after line 25, add the following:

     SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF 
                   NATIONAL EMERGENCY.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(h) Waiver for a Route in State of Maine During Periods 
     of National Emergency.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, the Secretary, in consultation with the 
     Secretary of Defense, may waive or limit the application of 
     any vehicle weight limit established under this section with 
     respect to the portion of Interstate Route 95 in the State of 
     Maine between Augusta and Bangor for the purpose of making 
     bulk shipments of jet fuel to the Air National Guard Base at 
     Bangor International Airport during a period of national 
     emergency in order to respond to the effects of the national 
     emergency.
       ``(2) Applicability.--Emergency limits established under 
     paragraph (1) shall preempt any inconsistent State vehicle 
     weight limits.''.

                          ____________________