```

[House Report 107-218]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-218

======================================================================

 
  PROVIDING FOR FURTHER CONSIDERATION OF H.R. 2586, NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2002

                                _______
                                

 September 24, 2001.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 246]

    The Committee on Rules, having had under consideration 
House Resolution 246, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for further consideration of H.R. 
2586, the National Defense Authorization Act for Fiscal Year 
2002.
    The rule provides that no further amendment to the 
committee amendment in the nature of a substitute shall be in 
order except those printed in this report. Each amendment 
listed may be offered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified equally divided and controlled by the proponent and 
an opponent, shall not be subject to amendment, and shall not 
be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The rule waives all 
points of order against such amendments.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 43

    Date: September 24, 2001.
    Measure: H.R. 2586.
    Motion by: Mr. Frost.
    Summary of motion: To strike the portion of the Stump 
manager's amendment that amends Subtitle G of the Title III 
regarding restrictions on DoD's outsourcing and procurement 
process.
    Results: Defeated 4-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hall--Yea; Slaughter--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 44

    Date: September 24, 2001.
    Measure: H.R. 2586.
    Motion by: Mr. Hastings (FL).
    Summary of motion: To make in order the amendment by 
Representatives Gonzalez and Jones (NC) to attend ``Interested 
Party'' status to labor organizations who represent DoD Civil 
Service employees in A-76 cost comparison studies conducted by 
DoD affording appellate (GAO) and legal rights equal to those 
of the private contractors against whom they are competing.
    Results: Defeated 4-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hall--Yea; Slaughter--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

           summary of amendments made in order under the rule

    (Summaries derived from information provided by sponsors.)

Summary of Manager's Amendment, debatable for 10 minutes

    Increases the existing F-22 engineering and manufacturing 
cost cap so that the Air Force can properly budget to complete 
required testing, extends the reporting requirement and 
termination dates for the Commission of the Future of the 
United States Aerospace Industry, adjusts assumed savings of 
the sale of stockpile material, clarifies the authorities of 
the Secretary of Defense with regard to the Department of 
Defense Medicare-Eligible Retiree Health Care fund, clarifies 
that the Military Treatment Facilities are included in the 
trust fund calculations and set the normal cost contribution 
for any year to be equal to the trust funds outlays for that 
year, preserves the authority of the Director of Central 
Intelligence for space reconnaissance and other national 
intelligence purposes intelligence purposes, strikes current 
provisions in the bill on A-76 workforce studies and replaces 
with temporary limits and requires projected cost savings 
thresholds to be met before proceeding, provides funds for the 
(CVN-69) refueling, includes a sense of the Congress that DOD 
should provide appropriate public safety and security for the 
2002 Winter Olympics in Salt Lake City, Utah, provides for 
reengining and avionics modernization for C-5 aircraft, allows 
for better recruiting access to secondary schools, allows the 
Secretary of Defense to accept monetary contributions for the 
purpose of repair and reconstruction of the Pentagon, 
authorizes the Secretary of the Army to lease a limited number 
of housing units within the Presidio, and increases operation 
and maintenance for nonproliferation and verification R&D 
within the National Nuclear Security Administration.

Summary of Amendments Made in Order, debatable for the time specified

    Stump--Sense of the Congress recognizing the importance of 
civilians in support of the Armed Forces worldwide. Commends 
the DOD decision to create a new award, a medal for the defense 
of freedom, to be awarded to civilians employed by the 
Department of Defense who are killed or wounded as a result of 
hostile action. Urges the Secretary of Defense to move 
expeditiously to produce and award the new medal and to develop 
a more comprehensive, uniform policy for the award of 
decorations to military and civilian personnel.
    Traficant--Assigns, at the request of the Attorney General 
and the Secretary of the Treasury, military personnel to assist 
in patrolling our borders. Provides for the establishment of a 
task force by either the Treasury Department or the Justice 
Department for the purpose of counter-terrorism and drug 
interdiction.
    Sanchez--Restores equal access to health services at 
overseas military hospitals to servicemen and women and their 
dependents stationed overseas.
    Stump/Skelton--Creates a new Title related to activities to 
combat terrorism. Provides $400 million in new funding for 
intelligence and anti-terrorism and counter-terrorism 
initiatives through a reduction in funding for National Missile 
Defense programs and consulting services. Requires an 
assessment of Defense Department ability to respond to 
terrorist attacks, a report on protection from airborne 
threats, the establishment of combating terrorism as a national 
security mission, and other policy matters related to combating 
terrorism.

            text of amendments made in order under the rule

1. An Amendment To Be Offered by Representative Stump of Arizona, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle A of title I (page 18, after line 25), 
insert the following new section:

SEC. ____. ADDITIONAL AMOUNT FOR SHIPBUILDING AND CONVERSION, NAVY.

  (a) Increase in SCN Amount.--The amount provided in section 
102(a)(3) for shipbuilding and conversion for the Navy is 
hereby increased by $57,100,000, to be available for the U.S.S. 
Eisenhower (CVN-69) Refueling Complex Overhaul program.
  (b) Offset.--The amount provided in section 301(5) is hereby 
reduced by $57,100,000, to be derived from amounts for 
consulting services.
  Strike section 121 (page 20, line 2, through page 21, line 
2).
  At the end of subtitle B of title II (page 27, after line 
24), insert the following new sections:

SEC. ____. COST LIMITATION APPLICABLE TO F-22 AIRCRAFT PROGRAM 
                    ENGINEERING AND MANUFACTURING DEVELOPMENT.

  Section 217(c)(3) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is 
amended by inserting ``plus $250,000,000'' after ``and (2))''.

SEC. ____. C-5 AIRCRAFT MODERNIZATION.

  (a) Increase in Air Force RDTE Amount.--The amount provided 
in section 201(3) for Research, Development, Test, and 
Evaluation for the Air Force is hereby increased by 
$30,000,000, to be available for Re-engining and Avionics 
Modernization for the C-5 aircraft.
  (b) Offset.--The amount provided in section 301(5) is hereby 
reduced by $30,000,000, to be derived from amounts for 
consulting services.
  Strike section 331 (page 58, beginning on line 19) and insert 
the following:

SEC. 331. WORKFORCE REVIEW LIMITATIONS.

  (a) Limitation Pending GAO Report.--No more than 50 percent 
of the workforce reviews planned during fiscal year 2002 may be 
initiated before the date that is the earlier of (1) May 1, 
2002, or (2) the date on which the Comptroller General submits 
to Congress the report required by section 832 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted by Public Law 106-398; 114 Stat. 1654A-221), 
regarding policies and procedures governing the transfer of 
commercial activities from Government personnel to Federal 
contractors.
  (b) Required Cost Savings Level for Change.--(1) A commercial 
or industrial type function of the Department of Defense may 
not be changed to performance by the private sector as a result 
of a workforce review unless, as a result of the cost 
comparison examination required as part of the review that 
employed the most efficient organization process described in 
Office of Management and Budget Circular A-76 or any successor 
administrative regulation or policy, at least a 10-percent cost 
savings would be achieved by performance of the function by the 
private sector over the term of the contract.
  (2) The cost savings requirement specified in paragraph (1) 
does not apply to any contracts for special studies and 
analyses, construction services, architectural services, 
engineering services, medical services, scientific and 
technical services related to (but not in support of) research 
and development, and depot-level maintenance and repair 
services.
  (3) The Secretary of Defense may waive the cost savings 
requirement if--
          (A) the written waiver is prepared by the Secretary 
        of Defense, or the relevant Assistant Secretary or 
        agency head; and
          (B) the written waiver is accompanied by a detailed 
        determination that national security interests are so 
        compelling as to preclude compliance with the 
        requirement for a cost comparison examination.
          (C) The Secretary of Defense shall publish a copy of 
        the waiver in the Federal Register.
  (c) Workforce Review Defined.--In this section, the term 
``workforce review'' with respect to a function of the 
Department of Defense performed by Department of Defense 
civilian employees, means a review conducted under Office of 
Management and Budget Circular A-76 (or any successor 
administrative regulation or policy).
  Strike subtitle G of title III (page 71, beginning on line 
12), relating to the Department of Defense Service Contracting 
Reform Act of 2001.
  At the end of subtitle F of title III (page 71, after line 
11), insert the following new section:

SEC. ____. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED AT THE 
                    2002 WINTER OLYMPIC GAMES.

  It is the sense of Congress that the Secretary of Defense 
should provide essential and appropriate public safety and 
security support for the 2002 Winter Olympic Games in Salt Lake 
City, Utah.
  Page 179, line 18, insert ``(a) Access to Directory 
Information.--'' before ``Section''.
  Page 180, after line 3, insert the following:
  (b) Enhanced Recruiter Access.--Section 503(c)(5) of such 
title is amended by striking ``do not apply to--'' and all that 
follows through ``(B)'' and inserting ``do not apply to''.
  (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall take effect on July 1, 2002, immediately after 
the amendment to section 503(c) of title 10, United States 
Code, made, effective that date, by section 563(a) of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398; 114 Stat. 
1654A-131).
  Strike section 715 (page 231, beginning on line 8, and all 
that follows through page 234, line 18) and insert the 
following new section:

SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE DEPARTMENT OF 
                    DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.

  (a) Clarification Regarding Coverage.--Subsection (b) of 
section 1111 of title 10, United States Code, is amended to 
read as follows:
  ``(b) In this chapter:
          ``(1) The term `Department of Defense retiree health 
        care programs' means the provisions of this title or 
        any other provision of law creating an entitlement to 
        or eligibility for health care under a Department of 
        Defense or uniformed service program for a member or 
        former member of a participating uniformed service who 
        is entitled to retired or retainer pay, and an eligible 
        dependent under such program.
          ``(2) The term `eligible dependent' means a dependent 
        (as such term is defined in section 1072(2) of this 
        title) described in section 1076(a)(2) (other than a 
        dependent of a member on active duty), 1076(b), 
        1086(c)(2), or 1086(c)(3).
          ``(3) The term `medicare-eligible', with respect to 
        any person, means entitled to benefits under part A of 
        title XVIII of the Social Security Act (42 U.S.C. 1395c 
        et seq.).
          ``(4) The term `participating uniformed service' 
        means the Army, Navy, Air Force, and Marine Corps, and 
        any other uniformed service that is covered by an 
        agreement entered into under subsection (c).''.
  (b) Participation of Other Uniformed Services.--(1) Section 
1111 of such title is further amended by adding at the end the 
following new subsection:
  ``(c) The Secretary of Defense may enter into an agreement 
with any other administering Secretary (as defined in section 
1072(3)) for participation in the Fund by a uniformed service 
under the jurisdiction of that Secretary. Any such agreement 
shall require that Secretary to make contributions to the Fund 
on behalf of the members of the uniformed service under the 
jurisdiction of that Secretary comparable to the contributions 
to the Fund made by the Secretary of Defense under section 
1116, and such administering Secretary may make such 
contributions.''.
  (2) Section 1112 of such title is amended by adding at the 
end the following new paragraph:
  ``(4) Amounts paid into the Fund pursuant to section 
1111(c).''.
  (3) Section 1115 of such title is amended--
          (A) in subsection (a), by inserting ``participating'' 
        before ``uniformed services'';
          (B) in subparagraphs (A)(ii) and (B)(ii) of 
        subsection (b)(1), by inserting ``under the 
        jurisdiction of the Secretary of Defense'' after 
        ``uniformed services'';
          (C) in subsection (b)(2), by inserting ``(or to the 
        other executive department having jurisdiction over the 
        participating uniformed service)'' after ``Department 
        of Defense''; and
          (D) in subparagraphs (A) and (B) of subsection 
        (c)(1), by inserting ``participating'' before 
        ``uniformed services''.
  (4) Section 1116(a) of such title is amended in paragraphs 
(1)(B) and (2)(B) by inserting ``under the jurisdiction of the 
Secretary of Defense'' after ``uniformed services''.
  (c) Clarification of Payments From the Fund.--(1) Subsection 
(a) of section 1113 of such title is amended to read as 
follows:
  ``(a) There shall be paid from the Fund amounts payable for 
the costs of all Department of Defense retiree health care 
programs for the benefit of members or former members of a 
participating uniformed service who are entitled to retired or 
retainer pay and are medicare eligible, and eligible dependents 
described in section 1111(b)(3) who are medicare eligible.''.
  (2) Such section is further amended by adding at the end the 
following new subsections:
  ``(c)(1) In carrying out subsection (a), the Secretary of 
Defense may transfer periodically from the Fund to applicable 
appropriations of the Department of Defense, or to applicable 
appropriations of other departments or agencies, such amounts 
as the Secretary determines necessary to cover the costs 
chargeable to those appropriations for Department of Defense 
retiree health care programs for beneficiaries under those 
programs who are medicare-eligible. Such transfers may include 
amounts necessary for the administration of such programs. 
Amounts so transferred shall be merged with and be available 
for the same purposes and for the same time period as the 
appropriation to which transferred. Upon a determination that 
all or part of the funds transferred from the Fund are not 
necessary for the purposes for which transferred, such amounts 
may be transferred back to the Fund. This transfer authority is 
in addition to any other transfer authority that may be 
available to the Secretary.
  ``(2) A transfer from the Fund under paragraph (1) may not be 
made to an appropriation after the end of the second fiscal 
year after the fiscal year that the appropriation is available 
for obligation. A transfer back to the Fund under paragraph (1) 
may not be made after the end of the second fiscal year after 
the fiscal year that the appropriation to which the funds were 
originally transferred is available for obligation.
  ``(d) The Secretary of Defense shall by regulation establish 
the method or methods for calculating amounts to be transferred 
under subsection (c). Such method or methods may be based (in 
whole or in part) on a proportionate share of the volume 
(measured as the Secretary determines appropriate) of health 
care services provided or paid for under Department of Defense 
retiree health care programs for beneficiaries under those 
programs who are medicare-eligible in relation to the total 
volume of health care services provided or paid for under 
Department of Defense health care programs.
  ``(e) The regulations issued by the Secretary under 
subsection (d) shall be provided to the Comptroller General not 
less than 60 days before such regulations become effective. The 
Comptroller General shall, not later than 30 days after 
receiving such regulations, report to the Secretary of Defense 
and Congress on the adequacy and appropriateness of the 
regulations.
  ``(f) If the Secretary of Defense enters into an agreement 
with another administering Secretary pursuant tosection 
1111(c), the Secretary of Defense may take actions comparable to those 
described in subsections (c), (d), and (e) to effect comparable 
activities in relation to the beneficiaries and programs of the other 
participating uniformed service.''.
  (d) Source of Funds for Monthly Accrual Payments Into the 
Fund.--Section 1116 of such title is further amended--
          (1) in subsection (a)(2)(B) (as amended by subsection 
        (b)(7)), by striking the sentence beginning ``Amounts 
        paid into''; and
          (2) by adding at the end the following new 
        subsection:
  ``(c) Amounts paid into the Fund under subsection (a) shall 
be paid from funds available for the health care programs of 
the participating uniformed services under the jurisdiction of 
the respective administering Secretaries.''.
  (e) Limitation on Total Amount Contributed During a Fiscal 
Year.--Section 1116 of such title is further amended by adding 
at the end the following new subsection:
  ``(d) In no case may the total amount of monthly 
contributions to the Fund during a fiscal year under subsection 
(a) exceed the amount paid from the Fund during such fiscal 
year under section 1113.''.
  (f) Technical Amendments.--(1) The heading for section 1111 
of such title is amended to read as follows:

``Sec. 1111. Establishment and purpose of Fund; definitions; authority 
                    to enter into agreements''.

  (2) The item relating to section 1111 in the table of 
sections at the beginning of chapter 56 of such title is 
amended to read as follows:

``1111. Establishment and purpose of Fund; definitions; authority to 
          enter into agreements.''.

  (3) Section 1115(c)(1)(B) of such title is amended by 
inserting an open parenthesis before ``other than for 
training)''.
  (g) Effective Date.--The amendments made by this section 
shall take effect as if included in the enactment of chapter 56 
of title 10, United States Code, by section 713(a)(1) of the 
Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (Public Law 106-398; 114 Stat. 1654A-179).
  (h) First Year Contributions.--With respect to contributions 
under section 1116(a) of title 10, United States Code, for the 
first year that the Department of Defense Medicare-Eligible 
Retiree Health Care Fund is established under chapter 56 of 
such title, if the Board of Actuaries is unable to execute its 
responsibilities with respect to such section, the Secretary of 
Defense may make contributions under such section using methods 
and assumptions developed by the Secretary.
  At the end of title X (page 307, after line 20), insert the 
following new sections:

SEC. ____. AMENDMENTS RELATING TO COMMISSION ON THE FUTURE OF THE 
                    UNITED STATES AEROSPACE INDUSTRY.

  (a) Deadline for Report.--Subsection (d)(1) of section 1092 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
114 Stat. 1654A-302) is amended by striking ``March 1, 2002'' 
and inserting ``one year after the date of the first official 
meeting of the Commission''.
  (b) Termination of Commission.--Subsection (g) of such 
section is amended by striking ``30 days'' and inserting ``60 
days''.

SEC. ____. AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR REPAIR AND 
                    RECONSTRUCTION OF PENTAGON RESERVATION.

  Section 2674(e) of title 10, United States Code, is amended--
          (1) by redesignating paragraph (2) as paragraph (3);
          (2) by inserting after paragraph (1) the following 
        new paragraph:
  ``(2) The Secretary of Defense may accept monetary 
contributions made for the purpose of assisting to finance the 
repair and reconstruction of the Pentagon Reservation following 
the terrorist attack that occurred on September 11, 2001. The 
Secretary shall deposit such contributions in the Fund.''; and
          (3) in paragraph (3), as redesignated, by inserting 
        at the end the following new sentence: ``However, 
        contributions accepted under paragraph (2) shall be 
        available for expenditure only for the purpose 
        specified in such paragraph.''.
  At the end of title XIV (page 348, after line 8), insert the 
following new section:

SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPONSIBILITIES OF DIRECTOR 
                    OF CENTRAL INTELLIGENCE.

  Nothing in this title or the amendments made by this title 
shall modify, alter, or supersede the authorities and 
responsibilities of the Director of Central Intelligence.
  Strike section 2863 (page 424, line 9, through page 426, line 
6), and insert the following new section:

SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.

  (a) Authority to Lease Certain Housing Units for Use as Army 
Housing.--Title I of division I of the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333; 16 U.S.C. 
460bb note) is amended by adding at the end the following new 
section:

``SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING UNITS WITHIN 
                    THE PRESIDIO.

  ``(a) Availability of Housing Units for Long-Term Army 
Lease.--Subject to subsection (c), the Trust shall make 
available for lease, to those persons designated by the 
Secretary of the Army and for such length of time as requested 
by the Secretary of the Army, 22 housing units located within 
the Presidio that are under the administrative jurisdiction of 
the Trust and specified in the agreement between the Trust and 
the Secretary of the Army in existence as of the date of the 
enactment of this section.
  ``(b) Lease Amount.--The monthly amount charged by the Trust 
for the lease of a housing unit under this section shall be 
equivalent to the monthly rate of the basic allowance for 
housing that the occupant of the housing unit is entitled to 
receive under section 403 of title 37, United States Code.
  ``(c) Condition on Continued Availability of Housing Units.--
Effective after the end of the four-year period beginning on 
the date of the enactment of this section, the Trust shall have 
no obligation to make housing units available under subsection 
(a) unless, during that four-year period, the Secretary of the 
Treasury purchases new obligations of at least $80,000,000 
issued by the Trust under section 104(d)(2). In the event that 
this condition is not satisfied, the existing agreement 
referred to in subsection (a) shall be renewed on the same 
terms and conditions for an additional two years.''.
  (b) Increased Borrowing Authority and Technical 
Corrections.--Paragraphs (2) and (3) of section 104(d) of title 
I of division I of the Omnibus Parks and Public Lands 
Management Act of 1996, as amended by section 334 of appendix C 
of Public Law 106-113 (113 Stat. 1501A-199) and amended and 
redesignated by section 101(13) of Public Law 106-176 (114 
Stat. 25), are amended--
          (1) in paragraph (2), by striking ``including a 
        review of the creditworthiness of the loan and 
        establishment of a repayment schedule,'' the second 
        place it appears; and
          (2) in paragraph (3)--
                  (A) by striking ``$50,000,000'' and inserting 
                ``$150,000,000''; and
                  (B) by striking ``paragraph (3) of''.
  At the end of subtitle A of title XXXI (page 461, after line 
6), insert the following new section:

SEC. ____. INCREASED AMOUNT FOR NONPROLIFERATION AND VERIFICATION.

  (a) National Nuclear Security Administration.--The amounts 
provided in section 3101 for activities of the National Nuclear 
Security Administration, and in paragraph (2) of that section 
for defense nuclear nonproliferation, are each hereby increased 
by $10,000,000, for operation and maintenance for 
nonproliferation and verification research and development (and 
the amounts provided in subparagraph (A) of such paragraph (2) 
and in clause (i) of such subparagraph are each hereby 
increased by such amount).
  (b) Offset.--The amount provided in section 301(5) is hereby 
reduced by $10,000,000, to be derived from amounts for 
consulting services.
  Strike section 3304 (page 483, lines 9 through 16) and insert 
the following new section:

SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY TO DISPOSE OF COBALT 
                    FROM NATIONAL DEFENSE STOCKPILE.

  (a) Disposal Authorized During Fiscal Year 2002.--Subsection 
(a)(1) of section 3305 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d 
note) is amended by striking ``fiscal year 2003'' and inserting 
``the two-fiscal year period ending September 30, 2003''.
  (b) Limitations on Disposal Authority.--Subsection (b)(1) of 
such section is amended by adding at the end the following new 
sentence: ``The total quantity of cobalt disposed of under such 
subsection during fiscal year 2002 may not exceed 700,000 
pounds.''.
                              ----------                              

2. An Amendment To Be Offered by Representative Stump of Arizona, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle E of title V (page 161, after line 
12), insert the following new section:

SEC. ____. SENSE OF CONGRESS ON NEW MEDAL TO RECOGNIZE CIVILIAN 
                    EMPLOYEES OF THE DEPARTMENT OF DEFENSE KILLED OR 
                    WOUNDED AS A RESULT OF HOSTILE ACTION.

  (a) Findings.--Congress makes the following findings:
          (1) The role and importance of civilian nationals of 
        the United States as Federal employees and contractors 
        in support of operations of the Armed Forces worldwide 
        has continued to expand.
          (2) The expanded role performed by those civilians, 
        both in the United States and overseas, has greatly 
        increased the risk to those civilians of injury and 
        death from hostile actions taken against United States 
        Armed Forces, as demonstrated by the terrorist attack 
        on the Pentagon on September 11, 2001, in which scores 
        of Department of Defense civilian and contractor 
        personnel were killed or wounded.
          (3) No decoration exists for the recognition of 
        civilian nationals of the United States who, while 
        serving under competent authority in any capacity with 
        the Armed Forces, are killed or wounded in the line of 
        duty under circumstances which, if they were members of 
        the Armed Forces, would qualify them for the award of 
        the Purple Heart.
          (4) Both the Congress and the Secretary of Defense 
        have previously agreed to the need for such a 
        decoration.
          (5) On September 20, 2001, the Deputy Secretary of 
        Defense approved the creation of a new award, a medal 
        for the defense of freedom, to be awarded to civilians 
        employed by the Department of Defense who are killed or 
        wounded as a result of hostile action and at the same 
        time directed that a comprehensive review be conducted 
        to develop a more uniform approach to the award of 
        decorations to military and civilian personnel of the 
        Department of Defense.
  (b) Commendation of Creation of New Award.--Congress commends 
the decision announced by the Deputy Secretary of Defense on 
September 20, 2001, to approve the creation of a new award, a 
medal for the defense of freedom, to be awarded to civilians 
employed by the Department of Defense who are killed or wounded 
as a result of hostile action.
  (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense--
          (1) should move expeditiously to produce and award 
        the new medal referred to in subsection (b); and
          (2) should develop a more comprehensive, uniform 
        policy for the award of decorations to military and 
        civilian personnel of the Department of Defense.
                              ----------                              

3. An Amendment To Be Offered by Representative Traficant of Ohio, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle C of title X (page 271, after line 
17), insert the following new section:

SEC. ____. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND 
                    NATURALIZATION SERVICE AND CUSTOMS SERVICE.

  (a) Assignment Authority of Secretary of Defense.--Chapter 18 
of title 10, United States Code, is amended by inserting after 
section 374 the following new section:

``Sec. 374a. Assignment of members to assist border patrol and control

  ``(a) Assignment Authorized.--Upon submission of a request 
consistent with subsection (b), the Secretary of Defense may 
assign members of the Army, Navy, Air Force, and Marine Corps 
to assist--
          ``(1) the Immigration and Naturalization Service in 
        preventing the entry of terrorists and drug traffickers 
        into the United States; and
          ``(2) the United States Customs Service in the 
        inspection of cargo, vehicles, and aircraft at points 
        of entry into the United States to prevent the entry of 
        weapons of mass destruction, components of weapons of 
        mass destruction, prohibited narcotics or drugs, or 
        other terrorist or drug trafficking items.
  ``(b) Request for Assignment.--The assignment of members 
under subsection (a) may occur only if--
          ``(1) the assignment is at the request of the 
        Attorney General, in the case of an assignment to the 
        Immigration and Naturalization Service, or the 
        Secretary of the Treasury, in the case of an assignment 
        to the United States Customs Service; and
          ``(2) the request of the Attorney General or the 
        Secretary of the Treasury (as the case may be) is 
        accompanied by a certification by the President that 
        the assignment of members pursuant to the request is 
        necessary to respond to a threat to national security 
        posed by the entry into the United States of terrorists 
        or drug traffickers.
  ``(c) Training Program Required.--The Attorney General or the 
Secretary of the Treasury (as the case may be), together with 
the Secretary of Defense, shall establish a training program to 
ensure that members receive general instruction regarding 
issues affecting law enforcement in the border areas in which 
the members may perform duties under an assignment under 
subsection (a). A member may not be deployed at a border 
location pursuant to an assignment under subsection (a) until 
the member has successfully completed the training program.
  ``(d) Conditions of Use.--(1) Whenever a member who is 
assigned under subsection (a) to assist the Immigration and 
Naturalization Service or the United States Customs Service is 
performing duties at a border location pursuant to the 
assignment, a civilian law enforcement officer from the agency 
concerned shall accompany the member.
  ``(2) Nothing in this section shall be construed to--
          ``(A) authorize a member assigned under subsection 
        (a) to conduct a search, seizure, or other similar law 
        enforcement activity or to make an arrest; and
          ``(B) supersede section 1385 of title 18 (popularly 
        known as the `Posse Comitatus Act').
  ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
Attorney General or the Secretary of the Treasury may establish 
ongoing joint task forces when accompanied by a certification 
by the President that the assignment of members pursuant to the 
request to establish a joint task force is necessary to respond 
to a threat to national security posed by the entry into the 
United States of terrorists or drug traffickers.
  ``(2) When established, any joint task force shall fully 
comply with the standards as set forth in this section.
  ``(f) Notification Requirements.--The Attorney General or the 
Secretary of the Treasury (as the case may be) shall notify the 
Governor of the State in which members are to be deployed 
pursuant to an assignment under subsection (a), and local 
governments in the deployment area, of the deployment of the 
members to assist the Immigration and Naturalization Service or 
the United States Customs Service (as the case may be) and the 
types of tasks to be performed by the members.
  ``(g) Reimbursement Requirement.--Section 377 of this title 
shall apply in the case of members assigned under subsection 
(a).
  ``(h) Termination of Authority.--No assignment may be made or 
continued under subsection (a) after September 30, 2004.''.
  (b) Commencement of Training Program.--The training program 
required by subsection (b) of section 374a of title 10, United 
States Code, shall be established as soon as practicable after 
the date of the enactment of this Act.
  (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.
                    ____________________________________________________

4. An Amendment To Be Offered by Representative Sanchez of California, 
                or a Designee, Debatable for 10 Minutes

  At the end of title VII (page 234, after line 18), insert the 
following new section:

SEC. 7____. LIMITING RESTRICTION OF USE OF DEPARTMENT OF DEFENSE 
                    MEDICAL FACILITIES TO PERFORM ABORTIONS TO 
                    FACILITIES IN THE UNITED STATES.

  Section 1093(b) of title 10, United States Code, is amended 
by inserting ``in the United States'' after ``Defense''.
                              ----------                              

 5. An Amendment To Be Offered by Representative Stump of Arizona, or 
  Representative Skelton of Missouri, or a Designee, Debatable for 40 
                                Minutes

  At the end of division A (page 348, after line 8), insert the 
following new title:

                TITLE XV--ACTIVITIES TO COMBAT TERRORISM

           Subtitle A--Increased Funding to Combat Terrorism

SEC. 1501. INCREASED FUNDING.

  (a) In General.--The amount provided in section 301(5) for 
Operation and Maintenance, Defense-wide Activities, is hereby 
increased by $400,000,000, to be available as follows:
          (1) Intelligence programs.--For increased situational 
        awareness and upgrades to intelligence programs to 
        enhance United States security posture, $100,000,000.
          (2) Anti-terrorism initiatives.--For enhanced anti-
        terrorism and force protection initiatives to reduce 
        vulnerabilities at United States military installations 
        and facilities in the United States and worldwide, 
        $150,000,000.
          (3) Counter-terrorism initiatives.--For offensive 
        counter-terrorism initiatives, $100,000,000.
          (4) Consequence management activities.--For 
        consequence management activities, $50,000,000.
  (b) Transfer Authority.--The amounts specified in subsection 
(a) are available for transfer to other current accounts of the 
Department of Defense, as determined by the Secretary of 
Defense.
  (c) Offsetting Reductions.--
          (1) The amount provided in section 201(4) for 
        Research, Development, Test, and Evaluation, Defense-
        Wide is hereby reduced by $265,000,000, to be derived 
        from amounts for the Ballistic Missile Defense 
        Organization, of which--
                  (A) $145,000,000 shall be derived from the 
                Mid-Course Defense Segment program element 
                (PE603882C); and
                  (B) $120,000,000 shall be derived from the 
                Boost Phase Defense Segment program element 
                (PE603883C) for space-based activities.
          (2) The amount provided in section 301(5) for 
        Operation and Maintenance, Defense-wide Activities, is 
        hereby reduced by $135,000,000, to be derived from 
        amounts for consulting services.

SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.

  Funds transferred under authority of section 1501(a) shall be 
merged with, and shall be available for the same time period 
as, the appropriations to which transferred. The transfer 
authority under that section is in addition to the transfer 
authority provided by section 1001.

       Subtitle B--Policy Matters Relating to Combating Terrorism

SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE ABILITY TO RESPOND TO 
                    TERRORIST ATTACKS.

  (a) Assessment.--The Secretary of Defense shall conduct an 
assessment of the ability of the Department of Defense to 
provide support for the consequence management activities of 
other Federal, State, and local agencies, directly taking into 
account the terrorist attacks on the United States on September 
11, 2001, and the changed situation regarding terrorism.
  (b) Recommendations.--The Secretary of Defense shall submit 
to the President and Congress a report providing 
recommendations for ways to enhance the ability of the 
Department of Defense to provide support described in 
subsection (a). The report shall address the recommendations 
made by the Vice President in his report to the President on 
the development of a coordinated national effort to improve 
national preparedness, including efforts to combat terrorism, 
as directed by the President in May 2001. The report shall be 
submitted not later than 60 days after the date on which the 
Vice President submits to the President the report under the 
preceding sentence.

SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY TO PROTECT THE 
                    UNITED STATES FROM AIRBORNE THREATS.

  Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report on the ability of the Department of Defense to protect 
the United States from airborne threats, including threats 
originating from within the borders of the United States. The 
report shall identify improvements that can be made to enhance 
the security of the American people against these threats and 
shall recommend actions, including legislative proposals, 
designed to address and overcome existing vulnerabilities.

SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS A NATIONAL SECURITY 
                    MISSION.

  Section 108(b)(2) of the National Security Act of 1947 (50 
U.S.C. 404a(b)(2)) is amended by inserting ``, including acts 
of terrorism,'' after ``aggression''.

SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION WITH FEMA AND FBI.

  The Secretary of Defense shall seek an agreement with the 
Director of the Federal Bureau of Investigation and the 
Director of Federal Emergency Management Agency that clarifies 
the roles of Department of Defense Weapons of Mass Destruction 
Civil Support Teams in relation to both agencies with respect 
to coordination of the roles and missions of those teams in 
support of crisis management and consequence management 
efforts.

                                  

```