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[House Report 107-450]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-450

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

 
 PROVIDING FOR CONSIDERATION OF H.R. 4546, BOB STUMP NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2003

                                _______
                                

 May 8, 2002.--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. 415]

    The Committee on Rules having had under consideration House 
Resolution 415, 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 consideration of H.R. 4546, the 
Bob Stump National Defense Authorization Act for Fiscal Year 
2003, under a structured rule. The rule waives all points of 
order against consideration of the bill.
    The rule provides one hour of general debate, equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Armed Services. The rule waives all 
points of order against consideration of the bill.
    The rule also provides that the amendment in the nature of 
a substitute recommended by the Committee on Armed Services now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment. The rule waives all points of order 
against the committee amendment in the nature of a substitute.
    The rule provides that no amendment shall be in order 
except those printed in this report and amendments en bloc 
described in section 3 of the resolution. Further, except as 
specified in section 4 of the resolution, each amendment 
printed in this report shall be considered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, 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 provides that unless otherwise specified in this 
report, each amendment shall be debatable for 10 minutes 
equally divided and controlled by the proponent and an opponent 
and shall not be subject to amendment, except as specified in 
this report and except that the chairman and ranking minority 
member of the Committee on Armed Services each may offer one 
pro forma amendment for the purpose of further debate on any 
pending amendment. Further, the rule waives all points of order 
against amendments printed in this report or amendments en bloc 
described in section 3 of the resolution.
    The rule provides that it shall be in order at any time for 
the chairman of the Committee on Armed Services or his designee 
to offer amendments en bloc, consisting of amendments printed 
in part B of this report, not earlier disposed of, or germane 
modifications of any such amendment.
    The rule provides that amendments en bloc offered pursuant 
to section 3 shall be considered as read (except that 
modifications shall be reported), shall be debatable for 40 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Armed Services or 
their designees, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.
    The rule provides that for the purpose of inclusion in such 
amendments en bloc, an amendment printed in the form of a 
motion to strike may be modified to the form of a germane 
perfecting amendment to the text originally proposed to be 
stricken.
    The rule provides that the original proponent of an 
amendment included in such amendments en bloc may insert a 
statement in the Congressional Record immediately before the 
disposition of the amendments en bloc.
    The rule provides that the Chairman of the Committee of the 
Whole may recognize for consideration of any amendment in this 
report out of the order printed, but not sooner than one hour 
after the chairman of the Committee on Armed Services or a 
designee announces from the floor a request to that effect.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order includes a waiver of 
section 303 of the Congressional Budget Act (prohibiting 
consideration of legislation providing new budget authority 
until a concurrent resolution on the budget is adopted) and 
section 302 of the Congressional Budget Act (prohibiting 
consideration of legislation providing new budget authority in 
excess of the allocation of the pertinent committee). The 
waiver of all points of order also includes a waiver of clause 
7 rule XVI (prohibiting nongermane amendments).

                            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. 77

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Mr. Allen, which prohibits the development and deployment of 
nuclear-tipped ballistic missile interceptors, defined as a 
system that uses a nuclear detonation to destroy an incoming 
missile or reentry vehicle.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 78

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Mr. Edwards, which restores $30 million to a 
nonproliferation program designed to provide an alternative to 
Russian reactors that generate weapons-grade nuclear materials, 
offsetting this increase with a decrease in BMD funds.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 79

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Mr. Frost, which allows for the Immigration and 
Naturalization Service to conduct citizenship interviews and 
oath ceremonies for military personnel at U.S. embassies, 
consulates, and overseas military installations; provides 
financial relief for the immigration fees for permanent 
resident soldiers at those locations. Changes the required 
amount of military service for qualification to apply for 
citizenship from three years to two years to enhance 
recruiting, retention, morale, and readiness. Exempts non-
citizen military personnel from paying all fees relating to 
naturalization. Grants automatic citizenship to permanent 
resident troops who qualify for a security clearance.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 80

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Ms. Hooley, which amends the list of authorized types of 
seafood for purchase in the Combat Feeding Program to include 
Pacific pink shrimp.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 81

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Mr. Shows, which strikes the proposed report by the 
Comptroller General on the current state of health care 
delivery under TRICARE included in the bill and replaces it by 
offering military retirees the opportunity to participate in 
the same health care program as federal and government 
employees.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 82

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To remove from the committee report the 
amendment to be offered by Mr. Weldon, which states that it is 
the policy of the U.S. to pursue greater cooperation, 
transparency, and confidence with the Russian Federation 
regarding a variety of nuclear weapons-related matters through 
engagement. The amendment specifies the conditions under which 
the current ban on designing and developing low-yield nuclear 
weapons is automatically repealed.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 83

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment offered 
by Mr. Taylor of Mississippi, which repeals the authority for 
an additional round of Department of Defense Base Realignments 
and Closures in 2005 that was granted in the FY2002 Defense 
Authorization Act.
    Results: Defeated 4 to 7.
    Vote by Members:Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 84

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion: by: Mrs. Slaughter.
    Summary of motion: To make in order the amendment offered 
by Mr. Rahall, which strikes sections 311 and 312, which 
provide the DoD exemptions from the Migratory Bird Treaty Act 
and the Endangered Species Act.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 85

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion: by: Mrs. Slaughter.
    Summary of motion: To make in order the amendment offered 
by Mr. Hinchey, Mr. Pallone and Ms. Sanchez, which strikes 
Title XIV concerning the management of public lands 
administered by the Department of Interior and Agriculture 
underlying the airspace of the Utah Test and Training Range.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 86

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order the amendment offered 
by Mr. Langevin and Mr. Hostettler, which prohibits the 
military from requiring or strongly encouraging military 
servicewomen to wear the abaya, which is a black garment that 
covers the entire body, because the government of Saudi Arabia 
does not require non-Muslim women to wear them.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 87

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Mr. Taylor of Mississippi, which strikes subsection (c) and 
(d) of section 1206 of the bill. Subsection (c) provides the 
Secretary of Defense authority to waive the troop limitation in 
the interest of ``national security'' and subsection (d) 
requires the Secretary of Defense to notify the congressional 
defense committees within 15 days of exercising the waiver of 
authority provided for in subsection (c).
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 88

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Mr. Spratt, which restores $10 million requested by the 
National Nuclear Security Administration for fissile materials 
disposition in Russia that was cut in the bill.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 89

    Date: May 8, 2002.
    Measure: H.R. 4546.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Mr. Spratt, which requires that the President give Congress 
12 months notice prior to the United States resuming 
underground nuclear tests.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

              PART A--SUMMARY OF AMENDMENTS MADE IN ORDER

    Weldon (PA)--States that it is the policy of the U.S. to 
pursue greater cooperation, transparency, and confidence with 
the Russian Federation regarding a variety of nuclear weapons-
related matters through engagement. The amendment specifies the 
conditions under which the current ban on designing and 
developing low-yield nuclear weapons is automatically repealed. 
(20 minutes)
    Tauscher--Requires the Secretary of Energy to report to 
Congress on options for reaching the level of operationally 
deployed nuclear warheads at 1,700 to 2,200 outlined in the 
Nuclear Posture Review, in 2006, 2008, and 2010. (10 minutes)
    Markey--Permanently prohibits the use of funds to develop, 
test or engineer a nuclear earth penetrator weapon and 
prohibits FY 2003 funds for a feasibility study of a nuclear 
earth penetrator weapon. (20 minutes)
    Tierney--Provides that no funds for FY 2003 for the 
Department of Defense may be used for space-based national 
missile defense programs. (20 minutes)
    Spratt--Adds funding for two programs needed to meet here-
and-now threats and $65 million for PAC-3 and $70 million for 
the Israeli Arrow system to be offset by cutting three BMD 
programs. (20 minutes)
    Hunter--(Substitute Amendment for the Spratt Amendment. 
Transfers funds within the Missile Defense Agency to increase 
funds for PAC-3 missile procurement and the Arrow program. (10 
minutes)
    Sanchez--Restores equal access to health services at 
overseas military hospitals to servicemen and women and their 
dependents stationed overseas, by limiting the restriction of 
the use of DoD medical facilities to perform abortions to 
facilities in the U.S. (20 minutes)
    Goode--Authorizes the Secretary of Defense to assign 
members of the Armed Forces to assist the INS or the U.S. 
Customs Service at the request of the Attorney General or the 
Secretary of the Treasury. (20 minutes)
    Paul--Prohibits funds made available by these 
authorizations of appropriations from being used to assist, 
cooperate with, or provide any support to the International 
Criminal Court. (20 minutes)

              part b--summary of amendments made in order

    Bereuter--Authorizes the National Guard to use its 
appropriated funds to cover the costs of conducting and 
participating in athletic events relevant to military duties or 
military physical fitness requirements (i.e. marathons and 
small arms competitions) and authorizes the use of funds 
appropriated to cover the costs incurred by the National Guard 
members as they train for and participate in those athletic 
events. (10 minutes)
    Culberson--Codifies the Department of Defense directive 
that DNA samples contained in the Armed Forces Repository of 
Specimen Samples for the Identification of Remains can be used 
for law enforcement purposes with a court order to investigate 
or prosecute a felony, or sexual offense. (10 minutes)
    Davis, Jo Ann--Commends the crews of the aircraft carriers 
who participated in Operation Enduring Freedom and the homeland 
defense mission and expresses the sense of the Congress that 
the carrier force level, as outlined in the Quadrennial Defense 
Review should not fall below twelve active carriers. (10 
minutes)
    Farr--Establishes a National Foreign Language Skills 
Registry of qualified linguists who would volunteer their 
foreign language skills, translation and interpretation to the 
DoD and other agencies in times of national emergency. (10 
minutes)
    Hefley--Clarifies that the Navy's base contract for 
information technology services may be extended to seven years, 
but allows for the contract to have a longer duration if 
options are exercised. (10 minutes)
    Issa--Allows the Secretary of Defense to exchange property 
at Marine Corps Air Station (MCAS) El Toro, which was closed in 
1996, for base housing construction at Camp Pendleton, MCAS 
Miramar, and the Marine Corps Recruit Depot, located in 
Southern California. (10 minutes)
    Manzullo--Holds harmless the funding level for all 
Procurement Technical Assistance Centers (PTACs) in case the 
appropriations later this year do not match the authorized 
level. (10 minutes)
    Ortiz--Prohibits the acquisition of T-5 tankers for the 
Navy unless the acquisition is authorized in a defense 
authorization act. (10 minutes)
    Pallone--Transfers proceeds from the sale of military 
family housing assets at Ft. Monmouth, NJ back to the Fort 
after the sale to build replacement Family Housing Units and to 
rehabilitate existing family housing on Ft. Monmouth. (10 
minutes)
    Saxton--Requires that the Secretary of Defense review the 
effects of single source contracting in the awards process as 
related to ship combat technology and industrial base. The 
review will result in a report submitted to Congress no later 
than March 31, 2003. (10 minutes)
    Schrock--Authorizes the Secretary of the Navy to carry out 
not more than three pilot projects under military housing 
privatization authorities to use the private sector for the 
acquisition or construction of military unaccompanied housing 
in the U.S., including any territory or possession of the U.S. 
The authority would expire September 30, 2007. (10 minutes)
    Smith (NJ)--Strengthens and expands health care resources 
sharing between the Departments of Defense and Veterans Affairs 
by establishing incentives and pilot programs for health care 
and graduate medical education. The amendment also establishes 
an interagency committee to plan, facilitate and improve 
sharing efforts between the two Departments. (10 minutes)
    Snyder--Amends Section 2605 of Title 10 to provide 
authority to the Secretary of Defense to accept gifts for the 
National Defense University. (10 minutes)
    Spratt--Gives the Secretary of Defense the discretion to 
impose stricter standards of accounting expertise for certain 
DoD financial positions. These new standards will not apply 
retroactively to current DoD personnel. (10 minutes)
    Stump--Corrects the description under F-16 modifications 
regarding targeting pods for the Air Force Reserve Command to 
clarify that $14.4 million is to be made available for 36 
Litening II modernization kits for the F-16 block 25 and block 
30 aircraft, rather than to procure 8 Litening AT pods for 
those aircraft and corrects the bill's language on impact aid 
to reflect the original intent of the provision and make it 
consistent with other parts of the bill and report. (10 
minutes)
    Tiahrt--Requires that future regular reporting requirements 
imposed on the DoD would have a sunset provision of five years 
after enactment. (10 minutes)
                                ------                                

                                 PART A

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered By Representative Weldon of Pennsylvania, 
                or a Designee, Debatable for 20 Minutes

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. 10____. ENHANCED COOPERATION BETWEEN UNITED STATES AND RUSSIAN 
                    FEDERATION TO PROMOTE MUTUAL SECURITY.

  (a) Statement of Policy.--It is the policy of the United 
States to pursue greater cooperation, transparency, and 
confidence with the Russian Federation regarding nuclear 
weapons policy, force structure, safeguards, testing, and 
proliferation prevention, as well as nuclear weapons 
infrastructure, production, and dismantlement, so as to promote 
mutual security, stability, and trust.
  (b) Sense of Congress Regarding Enhanced Cooperation With 
Russia.--It is the sense of Congress that the President of the 
United States should continue to engage the President of the 
Russian Federation to achieve the following objectives, 
consistent with United States national security, in the 
interest of promoting mutual trust, security, and stability:
          (1) An agreement that would seek to prevent the 
        illicit use, diversion, theft, or proliferation of 
        tactical nuclear weapons, and their key components and 
        materials, by--
                  (A) withdrawing deployed nonstrategic nuclear 
                weapons;
                  (B) accounting for, consolidating, and 
                securing the Russian Federation's nonstrategic 
                nuclear weapons; and
                  (C) dismantling or destroying United States 
                and Russian nonstrategic nuclear weapons in 
                excess of each nation's legitimate defense 
                needs.
          (2) A reciprocal program of joint visits by nuclear 
        weapons scientists and experts of the United States and 
        the Russian Federation to the United States nuclear 
        test site in Nevada, and the Russian nuclear test site 
        at Novya Zemlya.
          (3) A reciprocal program of joint visits and 
        conferences at each nation's nuclear weapons 
        laboratories and nuclear weapons development and 
        production facilities to discuss how to improve the 
        safety and security of each nation's nuclear stockpile, 
        nuclear materials, and nuclear infrastructure.
          (4) A reciprocal program of joint visits and 
        conferences to explore greater cooperation between the 
        United States and the Russian Federation with regard to 
        ballistic missile defenses against intentional, 
        unauthorized, and accidental launches of ballistic 
        missiles.
          (5) A joint commission on nonproliferation, composed 
        of senior nonproliferation and intelligence officials 
        from the United States and the Russian Federation, to 
        meet regularly in a closed forum to discuss ways to 
        prevent rogue states and potential adversaries from 
        acquiring--
                  (A) weapons of mass destruction and ballistic 
                missiles;
                  (B) the dual-use goods, technologies, and 
                expertise necessary to develop weapons of mass 
                destruction and ballistic missiles; and
                  (C) advanced conventional weapons.
          (6) A joint program to develop advanced methods for 
        disposal of weapons-grade nuclear materials excess to 
        defense needs, including safe, proliferation resistant, 
        advanced nuclear fuel cycles that achieve more complete 
        consumption of weapons materials, and other methods 
        that minimize waste and hazards to health and the 
        environment.
          (7) A joint program to develop methods for 
        safeguarding, treating, and disposing of spent reactor 
        fuel and other nuclear waste so as to minimize the risk 
        to public health, property, and the environment, as 
        well as the possibility of diversion to illicit 
        purposes.
          (8) A joint program, built upon existing programs, to 
        cooperatively develop advanced methods and techniques 
        for establishing a state-of-the-art inventory control 
        and monitoring system for nuclear weapons and material.
  (c) Report.--No later than March 1, 2003, the President shall 
submit to Congress a report (in unclassified or classified form 
as necessary) on the status of the objectives under subsection 
(b). The report shall include the following:
          (1) A description of the actions taken by the 
        President to engage the Russian Federation to achieve 
        those objectives.
          (2) A description of the progress made to achieve 
        those objectives.
          (3) A description of the response of the Russian 
        Federation to the actions referred to in paragraph (1).
          (4) The President's assessment of the Russian 
        Federation's commitment to a better, closer 
        relationship with the United States based on the 
        principles of increased cooperation and transparency.
  At the end of subtitle C of title XXXI (page 352, after line 
24) insert the following new section:

SEC. 3146. CONDITIONS UNDER WHICH PROHIBITION ON RESEARCH AND 
                    DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS IS 
                    REPEALED.

  (a) Presidential Certification.--Subsection (b) shall take 
effect as of the date on which the President submits to 
Congress the President's certification that--
          (1) another nation has conducted a nuclear test for 
        the purpose of developing new or improved nuclear 
        weapons;
          (2) another nation is developing weapons of mass 
        destruction in underground facilities, and such weapons 
        could pose an imminent risk to the United States or to 
        United States military personnel deployed abroad; or
          (3) it is in the national security interest of the 
        United States that subsection (b) take effect.
  (b) Repeal.--Effective as of the date provided in subsection 
(a), section 3136 of the National Defense Authorization Act for 
Fiscal Year 1994 (42 U.S.C. 2121 note) is repealed.
                              ----------                              

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

  At the end of section 1014 of the bill (page 200, after line 
6), insert the following new subsection:
  (c) Report on Options for Achieving, Prior to Fiscal Year 
2012, President's Objective for Operationally Deployed Nuclear 
Warheads.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to 
Congress a report on options for achieving, prior to fiscal 
year 2012, a posture under which the United States maintains a 
number of operationally deployed nuclear warheads at a level of 
from 1,700 to 2,200 such warheads, as outlined in the Nuclear 
Posture Review. The report shall include the following:
          (1) For each of fiscal years 2006, 2008, and 2010, an 
        assessment of the options for achieving such posture as 
        of such fiscal year.
          (2) An assessment of the effects of achieving such 
        posture prior to fiscal year 2012 on cost, the 
        dismantlement workforce, and any other affected matter.
                              ----------                              

       3. An Amendment To Be Offered by Representative Markey of 
         Massachusetts, or a Designee, Debatable for 20 Minutes

  At the end of subtitle C of title XXXI (page 352, after line 
24), insert the following new section:

SEC. 3146. PROHIBITION ON RESEARCH AND DEVELOPMENT OF NUCLEAR EARTH 
                    PENETRATOR WEAPON.

  (a) Permanent Prohibition.--No funds available to the 
Department of Energy may be used for any development, testing, 
or engineering of a nuclear earth penetrator weapon.
  (b) Fiscal Year 2003.--No funds appropriated for or otherwise 
made available to the Secretary of Energy for fiscal year 2003 
may be used for a feasibility study for a nuclear earth 
penetrator weapon.
                              ----------                              

      4. An Amendment To Be Offered by Representative Tierney of 
         Massachusetts, or a Designee, Debatable for 20 Minutes

  At the end of subtitle C of title II (page 49, after line 
17), insert the following new section:

SEC. 234. PROHIBITION ON USE OF FUNDS FOR SPACE-BASED NATIONAL MISSILE 
                    DEFENSE PROGRAM.

  No funds appropriated for fiscal year 2003 for the Department 
of Defense may be used for a space-based national missile 
defense program.
                              ----------                              

    5. An Amendment To Be Offered by Representative Spratt of South 
           Carolina, or a Designee, Debatable for 20 Minutes

  At the end of subtitle B of title II (page 45, after line 
19), insert the following new section:

SEC. 217. TRANSFER OF FUNDS TO INCREASE AMOUNTS FOR PAC-3 MISSILE 
                    PROCUREMENT AND ISRAELI ARROW PROGRAM.

  (a) Increase for PAC-3 Procurement.--The amount provided in 
section 101 for Missile Procurement, Army, is hereby increased 
by $65,000,000, to be available for an additional 24 PAC-3 
missiles.
  (b) Increase for Israeli Arrow Program.--The amount provided 
in section 201(4) for research, development, test, and 
evaluation, Defense-wide, is hereby increased by $70,000,000, 
to be available within program element 0603881C, Terminal 
Defense Segement, only for the Israeli Arrow Ballistic Missile 
System program.
  (c) Corresponding Reduction.--The amount provided in section 
201(4) for research, development, test, and evaluation, 
Defense-wide, is hereby reduced by $135,000,000, to be derived 
from amounts for the Missile Defense Agency for program element 
0603883C, Boost Defense Segment, of which--
          (1) $54,393,000 shall be derived from project 4040, 
        Space-Based Boost;
          (2) $24,810,000 shall be derived from project 4043, 
        Space-Based Laser; and
          (3) $55,797,000 shall be derived from project 4020, 
        Sea-Based Boost.
                              ----------                              

 6. An Amendment To Be Offered by Representative Hunter of California, 
  or a Designee, as a Substitute for the Amendment Numbered 5, To Be 
 Offered by Representative Spratt of South Carolina, Debatable for 10 
                                Minutes

  At the end of subtitle C of title II (page 218, after line 
15), insert the following new section:

SEC. ____. TRANSFER OF FUNDS TO INCREASE AMOUNTS FOR PAC-3 MISSILE 
                    PROCUREMENT AND ISRAELI ARROW PROGRAM.

  (a) Increase for PAC-3 Procurement.--The amount provided in 
section 101 for Missile Procurement, Army, is hereby increased 
by $65,000,000, to be available for an additional 24 PAC-3 
missiles.
  (b) Increase for Israeli Arrow Program.--The amount provided 
in section 201(4) for the Missile Defense Agency is hereby 
increased by $70,000,000, to be available within program 
element 0603881C, Terminal Defense Segment, only for the 
Israeli Arrow Ballistic Missile Defense System program.
  (c) Corresponding Reduction.--The amount provided in section 
201(4) for research, development, test, and evaluation, 
Defense-wide, is hereby reduced by $135,000,000, to be derived 
from amounts available to the Missile Defense Agency.
                              ----------                              

7. An Amendment To Be Offered by Representative Sanchez of California, 
                or a Designee, Debatable for 20 Minutes

  At the end of title VII (page 159, after line 14) insert the 
following:

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''.
                              ----------                              

8. An Amendment To Be Offered by Representative Goode of Virginia, or a 
                   Designee, Debatable for 20 Minutes

  At the end of title X (page 218, after line 15), 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, drug traffickers, 
        and illegal aliens 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, 2005.''.
  (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.''.

  9. An Amendment To Be Offered by Representative Paul of Texas, or a 
                   Designee, Debatable for 20 Minutes

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. 10____. SENSE OF CONGRESS ON PROHIBITION OF USE OF FUNDS FOR 
                    INTERNATIONAL CRIMINAL COURT.

  It is the sense of Congress that none of the funds 
appropriated pursuant to authorizations of appropriations in 
this Act should be used for any assistance to, or to cooperate 
with or to provide any support for, the International Criminal 
Court.
                              ----------                              

                                 PART B

                    TEXT OF AMENDMENTS MADE IN ORDER

10. An Amendment To Be Offered by Representative Bereuter of Nebraska, 
                or a Designee, Debatable for 10 Minutes

  At the end of subtitle D of title V (page 125, after line 9), 
insert the following new section:

SEC. 533. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF ATHLETIC 
                    COMPETITIONS BY THE NATIONAL GUARD AND MEMBERS OF 
                    THE NATIONAL GUARD.

  (a) Athletic and Small Arms Competitions.--Section 504 of 
title 32, United States Code, is amended by adding at the end 
the following new subsection:
  ``(c) Conduct of and Participation in Certain Competitions.--
(1) Under regulations prescribed by the Secretary of Defense, 
members and units of the National Guard may conduct and compete 
in a qualifying athletic competition or a small arms 
competition so long as--
          ``(A) the conduct of, or participation in, the 
        competition does not adversely affect the quality of 
        training or otherwise interfere with the ability of a 
        member or unit of the National Guard to perform the 
        military functions of the member or unit;
          ``(B) National Guard personnel will enhance their 
        military skills as a result of conducting or 
        participating in the competition; and
          ``(C) the conduct of or participation in the 
        competition will not result in a significant increase 
        in National Guard costs.
  ``(2) Facilities and equipment of the National Guard, 
including military property and vehicles described in section 
508(c) of this title, may be used in connection with the 
conduct of or participation in a qualifying athletic 
competition or a small arms competition under paragraph (1).''.
  (b) Other Matters.--Such section is further amended by adding 
after subsection (c), as added by subsection (a) of this 
section, the following new subsections:
  ``(d) Availability of Funds.--(1) Subject to paragraph (2) 
and such limitations as may be enacted in appropriations Acts 
and such regulations as the Secretary of Defense may prescribe, 
amounts appropriated for the National Guard may be used to 
cover--
          ``(A) the costs of conducting or participating in a 
        qualifying athletic competition or a small arms 
        competition under subsection (c); and
          ``(B) the expenses of members of the National Guard 
        under subsection (a)(3), including expenses of 
        attendance and participation fees, travel, per diem, 
        clothing, equipment, and related expenses.
  ``(2) Not more than $2,500,000 may be obligated or expended 
in any fiscal year under subsection (c).
  ``(e) Qualifying Athletic Competition Defined.--In this 
section, the term `qualifying athletic competition' means a 
competition in athletic events that require skills relevant to 
military duties or involve aspects of physical fitness that are 
evaluated by the armed forces in determining whether a member 
of the National Guard is fit for military duty.''.
  (c) Stylistic Amendments.--Such section is further amended--
          (1) in subsection (a), by inserting ``Authorized 
        Activities.--'' after ``(a)''; and
          (2) in subsection (b), by inserting ``Authorized 
        Locations.--'' after ``(b)''.
  (d) Conforming and Clerical Amendments.--(1) Subsection (a) 
of such section is amended--
          (A) in paragraph (1), by inserting ``and'' after the 
        semicolon;
          (B) in paragraph (2), by striking ``; or'' and 
        inserting a period; and
          (C) by striking paragraph (3).
  (2) The heading of such section is amended to read as 
follows:

``Sec. 504. National Guard schools; small arms competitions; athletic 
                    competitions''.

  (3) The item relating to section 504 in the table of sections 
at the beginning of chapter 5 of title 10, United States Code, 
is amended to read as follows:

``504. National Guard schools; small arms competitions; athletic 
          competitions.''.
                    ____________________________________________________

11. An Amendment To Be Offered by Representative Culberson of Texas, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. ____. USE FOR LAW ENFORCEMENT PURPOSES OF DNA SAMPLES MAINTAINED 
                    BY DEPARTMENT OF DEFENSE FOR IDENTIFICATION OF 
                    HUMAN REMAINS.

  (a) In General.--Chapter 80 of title 10, United States Code, 
is amended by adding at the end the following new section:

``Sec. 1566. DNA samples maintained for identification of human 
                    remains: use for law enforcement purposes

  ``(a) Compliance With Court Order.--(1) Subject to paragraph 
(2), if a valid order of a Federal court (or military judge) so 
requires, an element of the Department of Defense that 
maintains a repository of DNA samples for the purpose of 
identification of human remains shall make available, for the 
purpose specified in subsection (b), such DNA samples on such 
terms and conditions as such court (or military judge) directs.
  ``(2) A DNA sample with respect to an individual shall be 
provided under paragraph (1) in a manner that does not 
compromise the ability of the Department of Defense to maintain 
a sample with respect to that individual for the purpose of 
identification of human remains.
  ``(b) Covered Purpose.--The purpose referred to in subsection 
(a) is the purpose of an investigation or prosecution of a 
felony, or any sexual offense, for which no other source of DNA 
information is available.
  ``(c) Definition.--In this section, the term `DNA sample' has 
the meaning given such term in section 1565(c) of this 
title.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following new item:

``1566. DNA samples maintained for identification of human remains: use 
          for law enforcement purposes.''.
                    ____________________________________________________

   12. An Amendment To Be Offered by Representative Jo Ann Davis of 
           Virginia, or a Designee, Debatable for 10 Minutes

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. ____. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER FORCE 
                    STRUCTURE.

  (a) Findings.--Congress makes the following findings:
          (1) The aircraft carrier has been an integral 
        component in Operation Enduring Freedom and in the 
        homeland defense mission beginning on September 11, 
        2001. The aircraft carriers that have participated in 
        Operation Enduring Freedom, as of May 1, 2002, are the 
        USS Enterprise (CVN-65), the USS Carl Vinson (CVN-70), 
        the USS Kitty Hawk (CV-63), the USS Theodore Roosevelt 
        (CVN-71), the USS John C. Stennis (CVN-74), and the USS 
        John F. Kennedy (CV-67). The aircraft carriers that 
        have participated in the homeland defense mission are 
        the USS George Washington (CVN-73), the USS John F. 
        Kennedy (CV-67), and the USS John C. Stennis (CVN-74).
          (2) Since 1945, the United States has built 172 bases 
        overseas, of which only 24 are currently in use.
          (3) The aircraft carrier provides an independent base 
        of operations should no land base be available for 
        aircraft.
          (4) The aircraft carrier is an essential component of 
        the Navy.
          (5) Both the F/A-18E/F aircraft program and the Joint 
        Strike Fighter aircraft program are proceeding on 
        schedule for deployment on aircraft carriers.
          (6) As established by the Navy, the United States 
        requires the service of 15 aircraft carriers to 
        completely fulfill all the naval commitments assigned 
        to it without gapping carrier presence.
          (7) The Navy requires, at a minimum, at least 12 
        carriers to accomplish its current missions.
  (b) Sense of Congress.--It is the sense of Congress that the 
number of aircraft carriers of the Navy in active service 
should not be less than 12.
  (c) Commendation of Crews.--Congress hereby commends the 
crews of the aircraft carriers that have participated in 
Operation Enduring Freedom and the homeland defense mission.
                              ----------                              

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

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. ____. ENHANCED AUTHORITY TO OBTAIN FOREIGN LANGUAGE SERVICES 
                    DURING PERIODS OF EMERGENCY.

  (a) National Foreign Language Skills Registry.--(1) The 
Secretary of Defense may establish and maintain a secure data 
registry to be known as the ``National Foreign Language Skills 
Registry''. The data registry shall consist of the names of, 
and other pertinent information on, linguistically qualified 
United States citizens and permanent resident aliens who state 
that they are willing to provide linguistic services in times 
of emergency designated by the Secretary of Defense to assist 
the Department of Defense and other Departments and agencies of 
the United States with translation and interpretation in 
languages designated by the Secretary of Defense as critical 
languages.
  (2) The name of a person may be included in the Registry only 
if the person expressly agrees for the person's name to be 
included in the Registry. Any such agreement shall be made in 
such form and manner as may be specified by the Secretary.
  (b) Authority To Accept Voluntary Translation and 
Interpretation Services.--Section 1588(a) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
          ``(6) Language translation and interpretation 
        services.''.
                              ----------                              

14. An Amendment To Be Offered by Representative Hefley of Colorado, or 
                  a Designee, Debatable for 10 Minutes

  Strike section 351 (page 68, beginning line 2), and insert 
the following new section:

SEC. 351. AUTHORIZED DURATION OF BASE CONTRACT FOR NAVY-MARINE CORPS 
                    INTRANET.

  Section 814 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-215) and amended by section 
362 of Public Law 107-107 (115 Stat. 1065), is amended--
          (1) by redesignating subsection (i) as subsection 
        (j); and
          (2) by inserting after subsection (h) the following 
        new subsection (i):
  ``(i) Duration of Base Navy-Marine Corps Intranet Contract.--
Notwithstanding section 2306c of title 10, United States Code, 
the base contract of the Navy-Marine Corps Intranet contract 
may have a term in excess of five years, but not more than 
seven years.''.
                              ----------                              

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

  At the end of part II of subtitle C of title XXVIII (page 
317, after line 13), insert the following new section:

SEC. 2833. LAND CONVEYANCE AUTHORITY, MARINE CORPS AIR STATION, EL 
                    TORO, CALIFORNIA, TO PROMOTE ACQUISITION OF HOUSING 
                    FOR OTHER MILITARY INSTALLATIONS.

  (a) Conveyance Authority.--The Secretary of Defense may use 
the authority provided under section 2905(f) of the Defense 
Base Closure and Realignment Act of 1990 (title XXIX of Public 
Law 101-510; 10 U.S.C. 2687 note) to convey real property at 
former Marine Corps Air Station, El Toro, California, to any 
person or entity that enters into an agreement to construct 
military family housing at or near Camp Pendleton, Marine Corps 
Recruit Depot, San Diego, or Marine Corps Air Station, Miramar, 
California.
  (b) Inapplicability of Certain Laws.--The last sentence of 
section 2905(f)(1) of the Defense Base Closure and Realignment 
Act of 1990 (title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note) shall not apply to the conveyance authority provided by 
subsection (a).
                              ----------                              

16. An Amendment To Be Offered by Representative Manzullo of Illinois, 
                or a Designee, Debatable for 10 Minutes

  At the end of title VIII (page 174, after line 5), add the 
following new section:

SEC. ____. RENEWAL OF CERTAIN PROCUREMENT TECHNICAL ASSISTANCE 
                    COOPERATIVE AGREEMENTS AT FUNDING LEVELS AT LEAST 
                    SUFFICIENT TO SUPPORT EXISTING PROGRAMS.

  Section 2413 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
  ``(d) With respect to any eligible entity that has 
successfully performed under a cooperative agreement entered 
into under subsection (a), the Secretary shall strive, to the 
greatest extent practicable and subject to appropriations, to 
renew such agreement with such entity at a level of funding 
which is at least equal to the level of funding under the 
cooperative agreement being renewed.''.
                              ----------                              

 17. An Amendment To Be Offered by Representative Ortiz of Texas, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle B of title I (page 21, after line 20), 
insert the following new section:

SEC. ____. PROHIBITION ON ACQUISITION OF CHAMPION-CLASS, T-5 FUEL 
                    TANKERS.

  (a) Prohibition.--Except as provided in subsection (b), a 
Champion-class fuel tanker, known as a T-5, which features a 
double hull and reinforcement against ice damage, may not be 
acquired for the Military Sealift Command or for other Navy 
purposes.
          (b) Termination.--The prohibition in subsection (a) 
        shall not apply if the acquisition of a T-5 tanker is 
        specifically authorized in a defense authorization Act 
        that--
          (1) is enacted after the date of the enactment of 
        this Act;
          (2) specifically refers to subsection (a); and
          (3) specifically states that the prohibition in such 
        subsection does not apply.
                              ----------                              

18. An Amendment To Be Offered by Representative Pallone of New Jersey, 
                or a Designee, Debatable for 10 Minutes

  Page 312, after line 15, insert the following new section:

SEC. 2826. LAND CONVEYANCE, FORT MONMOUTH, NEW JERSEY.

  (a) Conveyance Authorized.--The Secretary of the Army may 
convey by sale all right, title, and interest of the United 
States in and to a parcel of land, consisting of approximately 
63.95 acres of military family housing known as Howard Commons, 
that comprises a portion of Fort Monmouth, New Jersey.
  (b) Competitive Bid Requirement.--The Secretary shall use 
competitive procedures for the sale authorized by subsection 
(a).
  (c) Consideration.--As consideration for the conveyance 
authorized under subsection (a), the recipient of the land 
shall pay an amount that is no less than fair market value, as 
determined by the Secretary. Such recipient may, as in-kind 
consideration, build replacement military family housing or 
rehabilitate existing military family housing at Fort Monmouth, 
New Jersey, as agreed upon by the Secretary. Any proceeds 
received by the Secretary not used to construct or rehabilitate 
such military family housing shall be deposited in the special 
account in the Treasury established pursuant to section 204(h) 
of the Federal property and Administrative Services Act of 1949 
(40 U.S.C. 485(h)).
  (d) Description of Parcel.--The exact acreage and legal 
description of the parcel to be conveyed under subsection (a) 
shall be determined by a survey that is satisfactory to the 
Secretary. The cost of the survey shall be borne by the 
recipient of the parcel.
  (e) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.
                              ----------                              

19. An Amendment To Be Offered by Representative Saxton of New Jersey, 
                or a Designee, Debatable for 10 Minutes

  At the end of title X (page 218, after line 15), insert the 
following new section:

SEC. ____. SURFACE COMBATANT INDUSTRIAL BASE.

  (a) Review.--The Secretary of Defense shall conduct a review 
of the effect of the contract award announced on April 29, 
2002, for the lead design agent for the DD(X) ship program on 
the industrial base for ship combat system development, 
including the industrial base for each of the following: ship 
systems integration, radar, electronic warfare, launch systems, 
and other components.
  (b) Report Required.--Not later than March 31, 2003, the 
Secretary shall submit to the congressional defense committees 
a report based on the review under subsection (a). The report 
shall provide the Secretary's assessment of the effect of that 
contract award on the ship combat system technology and 
industrial base and shall describe any actions that the 
Secretary proposes to ensure future competition across the 
array of technologies that encompass the combat systems of 
future surface ships, including the next generation cruiser 
(CG(X)), the littoral combat ship (LCS), and the joint command 
ship (JCC(X)).
                              ----------                              

 20. An Amendment To Be Offered by Representative Schrock of Virginia, 
                or a Designee, Debatable for 10 Minutes

  At the end of subtitle A of title XXVIII (page 292, after 
line 7), insert the following new section:

SEC. ____. PILOT HOUSING PRIVATIZATION AUTHORITY FOR ACQUISITION OR 
                    CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING.

  (a) In General.--(1) Subchapter IV of chapter 169 of title 
10, United States Code, is amended by inserting after section 
2881 the following new section:

``Sec. 2881a. Pilot projects for acquisition or construction of 
                    military unaccompanied housing

  ``(a) Pilot Projects Authorized.--The Secretary of the Navy 
may carry out not more than 3 pilot projects under the 
authority of this section or another provision of this 
subchapter to use the private sector for the acquisition or 
construction of military unaccompanied housing in the United 
States, including any territory or possession of the United 
States.
  ``(b) Assignment of Members and Basic Allowance for 
Housing.--(1) The Secretary of the Navy may assign members of 
the armed forces to housing units acquired or constructed under 
the pilot projects, and such housing units shall be considered 
as quarters of the United States or a housing facility under 
the jurisdiction of a uniformed service for purposes of section 
403 of title 37.
  ``(2) Notwithstanding section 403(n)(2) of title 37, the 
Secretary of Defense may set specific higher rates of partial 
basic allowance for housing for a member of the armed forces 
who is assigned to a housing unit acquired or constructed under 
the pilot projects. Any increase in the rate of partial basic 
allowance for housing to accommodate the pilot programs shall 
be in addition to any partial basic allowance for housing that 
the member may otherwise be eligible to receive under section 
403(n) of title 37. A member may not sustain a reduction in 
partial basic allowance for housing as a result of assignment 
to a housing unit acquired or constructed under the pilot 
projects.
  ``(c) Funding.--(1) The Department of Defense Housing 
Improvement Fund shall be used to carry out activities under 
the pilot projects.
  ``(2) Subject to 90 days prior notification to the 
appropriate committees of Congress, such additional amounts as 
the Secretary of Defense considers necessary may be transferred 
to the Department of Defense Housing Improvement Fund from 
amounts appropriated for construction of military unaccompanied 
housing projects in military construction accounts. The amounts 
so transferred shall be merged with and to be available for the 
same purposes and for the same period of time as amounts 
appropriated directly to the Fund.
  ``(d) Reports.--(1) The Secretary of the Navy shall transmit 
to the appropriate committees of Congress a report describing--
          ``(A) each contract for the acquisition of military 
        unaccompanied housing that the Secretary proposes to 
        solicit under the pilot projects;
          ``(B) each conveyance or lease proposed under section 
        2878 of this title in furtherance of the pilot 
        projects; and
          ``(C) the proposed partial basic allowance for 
        housing rates for each contract as they vary by grade 
        of the member and how they compare to basic allowance 
        for housing rates for other contracts written under the 
        authority of the pilot programs.
  ``(2) The report shall describe the proposed contract, 
conveyance, or lease and the intended method of participation 
of the United States in the contract, conveyance, or lease and 
provide a justification of such method of participation. The 
report shall be submitted not later than 90 days before the 
date on which the Secretary issues the contract solicitation or 
offers the conveyance or lease.
  ``(e) Expiration.--Notwithstanding section 2885 of this 
title, the authority of the Secretary of the Navy to enter into 
a contract under the pilot programs shall expire September 30, 
2007.''.
  (2) The table of sections at the beginning of such subchapter 
is amended by inserting after the item relating to section 2881 
the following new item:

``2881a. Pilot projects for acquisition or construction of military 
          unaccompanied housing.''.

  (b) Conforming Amendment.--Section 2871(7) of title 10, 
United States Code, is amended by inserting before the period 
at the end the following: ``and transient housing intended to 
be occupied by members of the armed forces on temporary duty''.
                              ----------                              

 21. An Amendment To Be Offered by Representative Smith of New Jersey, 
                or a Designee, Debatable for 10 Minutes

  At the end of title VII (page 159, after line 14), insert the 
following new subtitle:

Subtitle C--Department of Defense-Department of Veterans Affairs Health 
                           Resources Sharing

SEC. 721. SHORT TITLE.

  This subtitle may be cited as the ``Department of Defense-
Department of Veterans Affairs Health Resources Sharing and 
Performance Improvement Act of 2002''.

SEC. 722. FINDINGS AND SENSE OF CONGRESS CONCERNING STATUS OF HEALTH 
                    RESOURCES SHARING BETWEEN THE DEPARTMENT OF 
                    VETERANS AFFAIRS AND THE DEPARTMENT OF DEFENSE.

  (a) Findings.--Congress makes the following findings:
          (1) Federal health care resources are scarce and thus 
        should be effectively and efficiently used.
          (2) In 1982, Congress, in Public Law 97-174, 
        authorized the sharing of health resources between 
        Department of Defense medical treatment facilities and 
        Department of Veterans Affairs health care facilities 
        in order to allow more effective and efficient use of 
        those health resources.
          (3) Health care beneficiaries of the Departments of 
        Defense and Veterans Affairs, whether active 
        servicemembers, veterans, retirees, or family members 
        of active or retired servicemembers, should have full 
        access to the health care and services that Congress 
        has authorized for them.
          (4) The Secretary of Defense and the Secretary of 
        Veterans Affairs, and the appropriate officials of each 
        of the Departments of Defense and Veterans Affairs with 
        responsibilities related to health care, have not taken 
        full advantage of the opportunities provided by law to 
        make their respective health resources available to 
        health care beneficiaries of the other Department in 
        order to provide improved health care for the whole 
        number of beneficiaries.
          (5) After the many years of support and encouragement 
        from Congress, the Departments have made little 
        progress in health resource sharing and the intended 
        results of the sharing authority have not been 
        achieved.
  (b) Sense of Congress.--Congress urges the Secretary of 
Defense and the Secretary of Veterans Affairs--
          (1) to commit their respective Departments to 
        significantly improve mutually beneficial sharing and 
        coordination of health care resources and services 
        during peace and war;
          (2) to build organizational cultures supportive of 
        improved sharing and coordination of health care 
        resources and services; and
          (3) to establish and achieve measurable goals to 
        facilitate increased sharing and coordination of health 
        care resources and services.
  (c) Purpose.--It is the purpose of this Act--
          (1) to authorize a program to advance mutually 
        beneficial sharing and coordination of health care 
        resources between the two Departments consistent with 
        the longstanding intent of Congress; and
          (2) to establish a basis for improved strategic 
        planning by the Department of Defense and Department of 
        Veterans Affairs health systems to ensure that scarce 
        health care resources are used more effectively and 
        efficiently in order to enhance access to high quality 
        health care for their respective beneficiaries.

SEC. 723. REVISED COORDINATION AND SHARING GUIDELINES.

  (a) In General.--(1) Section 8111 of title 38, United States 
Code, is amended to read as follows:

``Sec. 8111. Sharing of Department of Veterans Affairs and Department 
                    of Defense health care resources

  ``(a) Required Coordination and Sharing of Health Care 
Resources.--The Secretary of Veterans Affairs and the Secretary 
of Defense shall enter into agreements and contracts for the 
mutually beneficial coordination, use, or exchange of use of 
the health care resources of the Department of Veterans Affairs 
and the Department of Defense with the goal of improving the 
access to, and quality and cost effectiveness of, the health 
care provided by the Veterans Health Administration and the 
Military Health System to the beneficiaries of both 
Departments.
  ``(b) Joint Requirements for Secretaries of Veterans Affairs 
and Defense.--To facilitate the mutually beneficial 
coordination, use, or exchange of use of the health care 
resources of the two Departments, the two Secretaries shall 
carry out the following functions:
          ``(1) Develop and publish a joint strategic vision 
        statement and a joint strategic plan to shape, focus, 
        and prioritize the coordination and sharing efforts 
        among appropriate elements of the two Departments and 
        incorporate the goals and requirements of the joint 
        sharing plan into the strategic and performance plan of 
        each Department under the Government Performance and 
        Results Act.
          ``(2) Jointly fund the interagency committee provided 
        for under subsection (c).
          ``(3) Continue to facilitate and improve sharing 
        between individual Department of Veterans Affairs and 
        Department of Defense health care facilities, but 
        giving priority of effort to initiatives (A) that 
        improve sharing and coordination of health resources at 
        the intraregional and nationwide levels, and (B) that 
        improve the ability of both Departments to provide 
        coordinated health care.
          ``(4) Establish a joint incentive program under 
        subsection (d).
  ``(c) DOD-VA Health Executive Committee.--(1) There is 
established an interagency committee to be known as the 
Department of Veterans Affairs-Department of Defense Health 
Executive Committee (hereinafter in this section referred to as 
the `Committee'). The Committee is composed of--
          ``(A) the Deputy Secretary of the Department of 
        Veterans Affairs and such other officers and employees 
        of the Department of Veterans Affairs as the Secretary 
        of Veterans Affairs may designate; and
          ``(B) the Under Secretary of Defense for Personnel 
        and Readiness and such other officers and employees of 
        the Department of Defense as the Secretary of Defense 
        may designate.
  ``(2)(A) During odd-numbered fiscal years, the Deputy 
Secretary of Veterans Affairs shall chair the Committee. During 
even-numbered fiscal years, the Under Secretary of Defense 
shall chair the Committee.
  ``(B) The Deputy Secretary and the Under Secretary shall 
determine the size and structure of the Committee, as well as 
the administrative and procedural guidelines for the operation 
of the Committee. The two Departments shall share equally the 
Committee's cost of personnel and administrative support and 
services. Support for such purposes shall be provided at a 
level sufficient for the efficient operation of the Committee, 
including a permanent staff and, as required, other temporary 
working groups of appropriate departmental staff and outside 
experts.
  ``(3) The Committee shall recommend to the Secretaries 
strategic direction for the joint coordination and sharing 
efforts between and within the two Departments under this 
section and shall oversee implementation of those efforts.
  ``(4) The Committee shall submit to the two Secretaries and 
to Congress an annual report containing such recommendations as 
the Committee considers appropriate. The two Secretaries shall 
implement the Committee's recommendations unless, with respect 
to any such recommendation, either Secretary formally 
determines that the recommendation should not be implemented or 
should be implemented in a modified form. Upon making such a 
determination, the Secretary making the determination shall 
submit to Congress notice of the Secretary's determination and 
the Secretary's rationale for the determination.
  ``(5) In order to enable the Committee to make 
recommendations in its annual report under paragraph (4), the 
Committee shall do the following:
          ``(A) Review existing policies, procedures, and 
        practices relating to the coordination and sharing of 
        health care resources between the two Departments.
          ``(B) Identify changes in policies, procedures, and 
        practices that, in the judgment of the Committee, would 
        promote mutually beneficial coordination, use, or 
        exchange of use of the health care resources of the two 
        Departments, with the goal of improving the access to, 
        and quality and cost effectiveness of, the health care 
        provided by the Veterans Health Administration and the 
        Military Health System to the beneficiaries of both 
        Departments.
          ``(C) Identify and assess further opportunities for 
        the coordination and sharing of health care resources 
        between the Departments that, in the judgment of the 
        Committee, would not adversely affect the range of 
        services, the quality of care, or the established 
        priorities for care provided by either Department.
          ``(D) Review the plans of both Departments for the 
        acquisition of additional health care resources, 
        especially new facilities and major equipment and 
        technology, in order to assess the potential effect of 
        such plans on further opportunities for the 
        coordination and sharing of health care resources.
          ``(E) Review the implementation of activities 
        designed to promote the coordination and sharing of 
        health care resources between the Departments. To 
        assist in this effort, the Committee chairman, under 
        procedures jointly developed by the Secretaries of both 
        Departments, may task the Inspectors General of either 
        or both Departments.
  ``(d) Joint Incentives Program.--(1) Pursuant to subsection 
(b)(4), the two Secretaries shall carry out a program to 
identify, provide incentives to, implement,fund, and evaluate 
creative coordination and sharing initiatives at the facility, 
intraregional and nationwide levels. The program shall be administered 
by the Committee established in subsection (c), under procedures 
jointly prescribed by the two Secretaries.
  ``(2) To facilitate the incentive program, there is 
established in the Treasury, effective on October 1, 2003, a 
DOD-VA Health Care Sharing Incentive Fund. Each Secretary shall 
annually contribute to the fund a minimum of $15,000,000 from 
the funds appropriated to that Secretary's Department. Such 
funds shall remain available until expended.
  ``(3)(A) The implementation and effectiveness of the program 
under this subsection shall be reviewed annually by the joint 
Department of Defense-Department of Veterans Affairs Inspector 
General review team established in section 724(i) of the 
Department of Defense-Department of Veterans Affairs Health 
Resources Sharing and Performance Improvement Act of 2002. On 
completion of the annual review, the review team shall submit a 
report to the two Secretaries on the results of the review. 
Such report shall be submitted through the Committee to the 
Secretaries not later than December 31 of each calendar year. 
The Secretaries shall forward each report, without change, to 
the Committees on Armed Services and Veterans' Affairs of the 
Senate and House of Representatives not later than February 28 
of the following year.
  ``(B) Each such report shall describe activities carried out 
under the program under this subsection during the preceding 
fiscal year. Each report shall include at least the following:
          ``(i) An analysis of the initiatives funded by the 
        Committee, and the funds so expended by such 
        initiatives, from the Health Care Sharing Incentive 
        Fund, including the purposes and effects of those 
        initiatives on improving access to care by 
        beneficiaries, improvements in the quality of care 
        received by those beneficiaries, and efficiencies 
        gained in delivering services to those beneficiaries.
          ``(ii) Other matters of interest, including 
        recommendations from the review team to make 
        legislative improvements to the program.
  ``(4) The program under this subsection shall terminate on 
September 30, 2007.
  ``(e) Guidelines and Policies for Implementation of 
Coordination and Sharing Recommendations, Contracts, and 
Agreements.--(1) To implement the recommendations made by the 
Committee under subsection (c)(2), as well as to carry out 
other health care contracts and agreements for coordination and 
sharing initiatives as they consider appropriate, the two 
Secretaries shall jointly issue guidelines and policy 
directives. Such guidelines and policies shall provide for 
coordination and sharing that--
          ``(A) is consistent with the health care 
        responsibilities of the Department of Veterans Affairs 
        under this title and with the health care 
        responsibilities of the Department of Defense under 
        chapter 55 of title 10;
          ``(B) will not adversely affect the range of 
        services, the quality of care, or the established 
        priorities for care provided by either Department; and
          ``(C) will not reduce capacities in certain 
        specialized programs of the Department of Veterans 
        Affairs that the Secretary is required to maintain in 
        accordance with section 1706(b) of this title.
  ``(2) To facilitate the sharing and coordination of health 
care services between the two Departments, the two Secretaries 
shall jointly develop and implement guidelines for a 
standardized, uniform payment and reimbursement schedule for 
those services. Such schedule shall be implemented no later 
than the beginning of fiscal year 2004 and shall be revised 
periodically as necessary.
  ``(3)(A) The guidelines established under paragraph (1) shall 
authorize the heads of individual Department of Defense and 
Department of Veterans Affairs medical facilities and service 
regions to enter into health care resources coordination and 
sharing agreements.
  ``(B) Under any such agreement, an individual who is a 
primary beneficiary of one Department may be provided health 
care, as provided in the agreement, at a facility or in the 
service region of the other Department that is a party to the 
sharing agreement.
  ``(C) Each such agreement shall identify the health care 
resources to be shared.
  ``(D) Each such agreement shall provide, and shall specify 
procedures designed to ensure, that the availability of direct 
health care to individuals who are not primary beneficiaries of 
the providing Department is (i) on a referral basis from the 
facility or service region of the other Department, and (ii) 
does not (as determined by the head of the providing facility 
or region) adversely affect the range of services, the quality 
of care, or the established priorities for care provided to the 
primary beneficiaries of the providing Department.
  ``(E) Each such agreement shall provide that a providing 
Department or service region shall be reimbursed for the cost 
of the health care resources provided under the agreement and 
that the rate of such reimbursement shall be as determined in 
accordance with paragraph (2).
  ``(F) Each proposal for an agreement under this paragraph 
shall be effective (i) on the 46th day after the receipt of 
such proposal by the Committee, unless earlier disapproved, or 
(ii) if earlier approved by the Committee, on the date of such 
approval.
  ``(G) Any funds received through such a uniform payment and 
reimbursement schedule shall be credited to funds that have 
been allotted to the facility of either Department that 
provided the care or services, or is due the funds from, any 
such agreement.
  ``(f) Annual Joint Report.--(1) At the time the President's 
budget is transmitted to Congress in any year pursuant to 
section 1105 of title 31, the two Secretaries shall submit to 
Congress a joint report on health care coordination and sharing 
activities under this section during the fiscal year that ended 
during the previous calendar year.
  ``(2) Each report under this section shall include the 
following:
          ``(A) The guidelines prescribed under subsection (e) 
        of this section (and any revision of such guidelines).
          ``(B) The assessment of further opportunities 
        identified under subparagraph (C) of subsection (c)(5) 
        for the sharing of health-care resources between the 
        two Departments.
          ``(C) Any recommendation made under subsection (c)(4) 
        of this section during such fiscal year.
          ``(D) A review of the sharing agreements entered into 
        under subsection (e) of this section and a summary of 
        activities under such agreements during such fiscal 
        year and a description of the results of such 
        agreements in improving access to, and the quality and 
        cost effectiveness of, the health care provided by the 
        Veterans Health Administration and the Military Health 
        System to the beneficiaries of both Departments.
          ``(E) A summary of other planning and activities 
        involving either Department in connection with 
        promoting the coordination and sharing of Federal 
        health-care resources during the preceding fiscal year.
          ``(F) Such recommendations for legislation as the two 
        Secretaries consider appropriate to facilitate the 
        sharing of health-care resources between the two 
        Departments.
  ``(3) In addition to the matters specified in paragraph (2), 
the two Secretaries shall include in the annual report under 
this subsection an overall status report of the progress of 
health resources sharing between the two Departments as a 
consequence of the Department of Defense-Department of Veterans 
Affairs Health Resources Sharing and Performance Improvement 
Act of 2002 and of other sharing initiatives taken during the 
period covered by the report. Such status report shall indicate 
the status of such sharing and shall include appropriate data 
as well as analyses of that data. The annual report shall 
include the following:
          ``(A) Enumerations and explanations of major policy 
        decisions reached by the two Secretaries during the 
        period covered by the report period with respect to 
        sharing between the two Departments.
          ``(B) A description of any purposes of Department of 
        Defense-Department of Veterans Affairs Health Resources 
        Sharing and Performance Improvement Act of 2002 that 
        presented barriers that could not be overcome by the 
        two Secretaries and their status at the time of the 
        report.
          ``(C) A description of progress made in new ventures 
        or particular areas of sharing and coordination that 
        would be of policy interest to Congress consistent with 
        the intent of such Act.
          ``(D) A description of enhancements of access to care 
        of beneficiaries of both Departments that came about as 
        a result of new sharing approaches brought about by 
        such Act.
          ``(E) A description of proposals for which funds are 
        provided through the joint incentives program under 
        subsection (d), together with a description of their 
        results or status at the time of the report, including 
        access improvements, savings, and quality-of-care 
        enhancements they brought about, and a description of 
        any additional use of funds made available under 
        subsection (d).
  ``(g) Definitions.--For the purposes of this section:
          ``(1) The term `beneficiary' means a person who is a 
        primary beneficiary of the Department of Veterans 
        Affairs or of the Department of Defense.
          ``(2) The term `direct health care' means health care 
        provided to a beneficiary in a medical facility 
        operated by the Department or the Department of 
        Defense.
          ``(3) The term `head of a medical facility' (A) with 
        respect to a medical facility of the Department, means 
        the director of the facility, and (B) with respect to a 
        medical facility of the Department of Defense, means 
        the medical or dental officer in charge or the contract 
        surgeon in charge.
          ``(4) The term `health-care resource' includes 
        hospital care, medical services, and rehabilitative 
        services, as those terms are defined in paragraphs (5), 
        (6), and (8), respectively, of section 1701 of this 
        title, services under sections 1782 and 1783 of this 
        title, any other health-care service, and any health-
        care support or administrative resource.
          ``(5) The term `primary beneficiary' (A) with respect 
        to the Department means a person who is eligible under 
        this title (other than under section 1782, 1783, or 
        1784 or subsection (d) of this section) or any other 
        provision of law for care or services in Department 
        medical facilities, and (B) with respect to the 
        Department of Defense, means a member or former member 
        of the Armed Forces who is eligible for care under 
        section 1074 of title 10.
          ``(6) The term `providing Department' means the 
        Department of Veterans Affairs, in the case of care or 
        services furnished by a facility of the Department of 
        Veterans Affairs, and the Department of Defense, in the 
        case of care or services furnished by a facility of the 
        Department of Defense.
          ``(7) The term `service region' means a geographic 
        service area of the Veterans Health Administration, in 
        the case of the Department of Veterans Affairs, and a 
        service region, in the case of the Department of 
        Defense.''.
  (2) The item relating to that section in the table of 
sections at the beginning of chapter 81 of title 38, United 
States Code, is amended to read as follows:

``8111. Sharing of Department of Veterans Affairs and Department of 
          Defense health care resources.''.

  (b) Conforming Amendment.--Section 1104 of title 10, United 
States Code, is amended by striking ``may'' and inserting 
``shall''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2003.

SEC. 724. HEALTH CARE RESOURCES SHARING AND COORDINATION PROJECT.

  (a) Establishment.--(1) The Secretary of Veterans Affairs and 
the Secretary of Defense shall conduct a health care resources 
sharing project to serve as a test for evaluating the 
feasibility, and the advantages and disadvantages, of measures 
and programs designed to improve the sharing and coordination 
of health care and health care resources between the Department 
of Veterans Affairs and the Department of Defense. The project 
shall be carried out, as a minimum, at the sites identified 
under subsection (b).
  (2) Reimbursement between the two Departments with respect to 
the project under this section shall be made in accordance with 
the provisions of section 8111(e)(2) of title 38, United States 
Code, as amended by section 723(a).
  (b) Site Identification.--(1) Not later than 90 days after 
the date of the enactment of this Act, the Secretaries shall 
jointly identify no less than five sites for the conduct of the 
project under this section.
  (2) For purposes of this section, a site at which the 
resource sharing project shall be carried out is an area in the 
United States in which--
          (A) one or more military treatment facilities and one 
        or more VA health care facilities are situated in 
        relative proximity to each other, including facilities 
        engaged in joint ventures as of the date of the 
        enactment of this Act; and
          (B) for which an agreement to coordinate care and 
        programs for patients at those facilities could be 
        implemented not later than October 1, 2004.
  (c) Conduct of Project.--(1) At sites at which the project is 
conducted, the Secretaries shall provide a test of a 
coordinated management system for the military treatment 
facilities and VA health care facilities participating in the 
project. Such a coordinated management system for a site shall 
include at least one of the elements specified in paragraph 
(2), and each of the elements specified in that paragraph must 
be included in the coordinated management system for at least 
two of the participating sites.
  (2) Elements of a coordinated management system referred to 
in paragraph (1) are the following:
          (A) A budget and financial management system for 
        those facilities that--
                  (i) provides managers with information about 
                the costs of providing health care by both 
                Departments at the site;
                  (ii) allows managers to assess the advantages 
                and disadvantages (in terms of relative costs, 
                benefits, and opportunities) of using resources 
                of either Department to provide or enhance 
                health care to beneficiaries of either 
                Department.
          (B) A coordinated staffing and assignment system for 
        the personnel (including contract personnel) employed 
        at or assigned to those facilities, including clinical 
        practitioners of either Department.
          (C) Medical information and information technology 
        systems for those facilities that--
                  (i) are compatible with the purposes of the 
                project;
                  (ii) communicate with medical information and 
                information technology systems of corresponding 
                elements of those facilities; and
                  (iii) incorporate minimum standards of 
                information quality that are at least 
                equivalent to those adopted for the Departments 
                at large in their separate health care systems.
  (d) Pharmacy Benefit.--(1) One of the elements that shall be 
tested in at least two sites in accordance with subsection (c) 
is a pharmacy benefit under which beneficiaries of either 
Department shall have access, as part of the project, to 
pharmaceutical services of the other Department participating 
in the project.
  (2) The two Secretaries shall enter into a memorandum of 
agreement to govern the establishment and provision not later 
than October 1, 2004, of pharmaceutical services authorized by 
this section. In the case of beneficiaries of the Department of 
Defense, the authority under the preceding sentence for such 
access to pharmaceutical services at a VA health care facility 
includes authority for medications to be dispensed based upon a 
prescription written by a licensed health care practitioner 
who, as determined by the Secretary of Defense, is a certified 
practitioner.
  (e) Authority To Waive Certain Administrative Policies.--
(1)(A) In order to carry out subsections (c) and (d), the 
Secretary of Defense may, in the Secretary's discretion, waive 
any administrative policy of the Department of Defense 
otherwise applicable to those subsections (including policies 
applicable to pharmaceutical benefits) that specifically 
conflicts with the purposes of the project, in instances in 
which the Secretary determines that the waiver is necessary for 
the purposes of the project.
  (B) In order to carry out subsections (c) and (d), the 
Secretary of Veterans Affairs may, in the Secretary's 
discretion, waive any administrative policy of the Department 
of Veterans Affairs otherwise applicable to those subsections 
(including policies applicable to pharmaceutical benefits) that 
specifically conflicts with the purposes of the project, in 
instances in which the Secretary determines that the waiver is 
necessary for the purposes of the project.
  (C) The two Secretaries shall establish procedures for 
resolving disputes that may arise from the effects of policy 
changes that are not covered by other agreement or existing 
procedures.
  (2) No waiver under paragraph (1) may alter any labor-
management agreement in effect as of the date of the enactment 
of this Act or adopted by either Department during the period 
of the project.
  (f) Use by DOD of Certain Title 38 Personnel Authorities.--
(1) In order to carry out subsections (c) and (d), the 
Secretary of Defense may apply to civilian personnel of the 
Department of Defense assigned to or employed at a military 
treatment facility participating in the project any of the 
provisions of subchapters I, III, and IV of chapter 74 of title 
38, United States Code, determined appropriate by the 
Secretary.
  (2) For such purposes, any reference in such chapter--
          (A) to the ``Secretary'' or the ``Under Secretary for 
        Health'' shall be treated as referring to the Secretary 
        of Defense; and
          (B) to the ``Veterans Health Administration'' shall 
        be treated as referring to the Department of Defense.
  (g) Funding.--From amounts available for health care for a 
fiscal year, each Secretary shall make available to carry out 
the project not less than--
          (1) $5,000,000 for fiscal year 2003;
          (2) $10,000,000 for fiscal year 2004; and
          (3) $15,000,000 for each succeeding year during which 
        the project is in effect.
  (h) Definitions.--For purposes of this section:
          (1) The term ``military treatment facility'' means a 
        medical facility under the jurisdiction of the 
        Secretary of a military department.
          (2) The term ``VA health care facility'' means a 
        facility under the jurisdiction of the Veterans Health 
        Administration of the Department of Veterans Affairs.
  (i) Performance Requirements.--(1) The two Secretaries shall 
provide for a joint review team to conduct an annual on-site 
review at each of the project locations selected by the 
Secretaries under this section. The review team shall be 
comprised of employees of the Offices of the Inspectors General 
of the two Departments. Leadership of the joint review team 
shall rotate each fiscal year between an employee of the Office 
of the Inspector General of the Department of Veterans Affairs, 
during even-numbered fiscal years, and an employee of the 
Office of Inspector General of the Department of Defense, 
during odd-numbered fiscal years.
  (2) On completion of their annual joint review under 
paragraph (1), the review team shall submit a report to the two 
Secretaries on the results of the review. The Secretaries shall 
forward the report, without change, to the Committees on Armed 
Services and Veterans' Affairs of the Senate and House of 
Representatives.
  (3) Each such report shall include the following:
          (A) The strategic mission coordination between shared 
        activities.
          (B) The accuracy and validity of performance data 
        used to evaluate sharing performance and changes in 
        standards of care or services at the shared facilities.
          (C) A statement that all appropriated funds 
        designated for sharing activities are being used for 
        direct support of sharing initiatives.
          (D) Recommendations concerning continuance of the 
        project at each site for the succeeding 12-month 
        period.
  (4) Whenever there is a recommendation under paragraph (3)(D) 
to discontinue a resource sharing project under this section, 
the two Secretaries shall act upon that recommendation as soon 
as practicable.
  (5) In the initial report under this subsection, the joint 
review team shall validate the baseline information used for 
comparative analysis.
  (j) Termination.--(1) The project, and the authority provided 
by this section, shall terminate on September 30, 2007.
  (2) The Secretaries may terminate the performance of the 
project at any site when the performance of the project at that 
site fails to meet performance expectations of the Secretaries, 
based on recommendations from the review team under subsection 
(i) or on other information available to the Secretaries to 
warrant such action.

SEC. 725. REPORT ON IMPROVED COORDINATION AND SHARING OF HEALTH CARE 
                    AND HEALTH CARE RESOURCES FOLLOWING DOMESTIC ACTS 
                    OF TERRORISM OR DOMESTIC USE OF WEAPONS OF MASS 
                    DESTRUCTION.

  (a) Joint Review.--The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly review the adequacy of 
current processes and existing statutory authorities and policy 
governing the capability of the Department of Defense and the 
Department of Veterans Affairs to provide health care to 
members of the Armed Forces following domestic acts of 
terrorism or domestic use of weapons of mass destruction, both 
before and after any declaration of national emergency. Such 
review shall include a determination of the adequacy of current 
authorities in providing for the coordination and sharing of 
health care resources between the two Departments in such 
cases, particularly before the declaration of a national 
emergency.
  (b) Report to Congress.--A report on the review under 
subsection (a), including any recommended legislative changes, 
shall be submitted to Congress as part of the fiscal year 2004 
budget submission.

SEC. 726. ADOPTION BY DEPARTMENT OF VETERANS AFFAIRS OF DEPARTMENT OF 
                    DEFENSE PHARMACY DATA TRANSACTION SYSTEM.

  (a) Adoption of PDTS System.--The Secretary of Veterans 
Affairs shall adopt for use by the Department of Veterans 
Affairs health care system the system of the Department of 
Defense known as the ``Pharmacy Data Transaction System''. Such 
system shall be fully operational for the Department of 
Veterans Affairs not later than October 1, 2004.
  (b) Implementation Funding.--The Secretary of Defense shall 
transfer to the Secretary of Veterans Affairs, or shall 
otherwise bear the cost of, an amount sufficient to cover 
three-fourths of the cost to the Department of Veterans Affairs 
for initial computer programming activities and relevant staff 
training expenses related to implementation of subsection (a). 
Such amount shall be determined in such manner as agreed to by 
the two Secretaries.
  (c) Reimbursement Procedures.--Any reimbursement by the 
Department of Veterans Affairs to the Department of Defense for 
the use by the Department of Veterans Affairs of the 
transaction system under subsection (a) shall be determined in 
accordance with section 8111(e)(2) of title 38, United States 
Code, as amended by section 723.

SEC. 727. JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL EDUCATION 
                    AND TRAINING FOR PHYSICIANS.

  (a) In General.--The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly carry out a pilot program 
under which graduate medical education and training is provided 
to military physicians and physician employees of the 
Department of Defense and the Department of Veterans Affairs 
through one or more programs carried out in military medical 
treatment facilities of the Department of Defense and medical 
centers of the Department of Veterans Affairs. The pilot 
program shall begin not later than January 1, 2003.
  (b) Cost-Sharing Agreement.--The Secretaries shall enter into 
an agreement for carrying out the pilot program. The agreement 
shall establish means for each Secretary to assist in paying 
the costs, with respect to individuals under the jurisdiction 
of that Secretary, incurred by the other Secretary in providing 
medical education and training under the pilot program.
  (c) Use of Existing Authorities.--To carry out the pilot 
program, the Secretary of Defense and the Secretary of Veterans 
Affairs may use authorities provided to them under this Act, 
section 8111 of title 38, United States Code, and other laws 
relating to the furnishing or support of medical education and 
the cooperative use of facilities.
  (d) Termination of Program.--The pilot program under this 
section shall terminate on July 31, 2008.
  (e) Repeal of Superseded Provision.--Section 738 of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 10 U.S.C. 1094 note; 115 Stat.1173) is repealed.

SEC. 728. REPEAL OF CERTAIN LIMITS ON DEPARTMENT OF VETERANS AFFAIRS 
                    RESOURCES.

  (a) Repeal of VA Bed Limits.--Section 8110(a)(1) of title 38, 
United States Code, is amended--
          (1) in the first sentence, by striking ``at not more 
        than 125,000 and not less than 100,000'';
          (2) in the third sentence, by striking ``shall 
        operate and maintain a total of not less than 90,000 
        hospital beds and nursing home beds and''; and
          (3) in the fourth sentence, by striking ``to enable 
        the Department to operate and maintain a total of not 
        less than 90,000 hospital and nursing home beds in 
        accordance with this paragraph and''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on October 1, 2003.

SEC. 729. REPORTS.

  (a) Interim Report.--Not later than February 1, 2004, the 
Secretary of Defense and Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs and the 
Committees on Armed Services of the Senate and House of 
Representatives a joint report on their conduct of each of the 
programs under this Act through the end of the preceding fiscal 
year. The Secretaries shall include in the report a description 
of the measures taken, or planned to be taken, to implement the 
health resources sharing project under section 724 and the 
other provisions of this Act and any cost savings anticipated, 
or cost sharing achieved, at facilities participating in the 
project. The report shall also include information on 
improvements in access to care, quality, and timeliness, as 
well as impediments encountered and legislative recommendations 
to ameliorate such impediments.
  (b) Annual Report on Use of Waiver Authority.--Not later than 
one year after the date of the enactment of this Act, and 
annually thereafter through completion of the project under 
section 724, the two Secretaries shall submit to the committees 
of Congress specified in subsection (a) a joint report on the 
use of the waiver authority provided by section 724(e)(1). The 
report shall include a statement of the numbers and types of 
requests for waivers under that section of administrative 
policies that have been made during the period covered by the 
report and, for each such request, an explanation of the 
content of each request, the intended purpose or result of the 
requested waiver, and the disposition of each request. The 
report also shall include descriptions of any new 
administrative policies that enhance the success of the 
project.
  (c) Pharmacy Benefits Report.--Not later than one year after 
pharmaceutical services are first provided pursuant to section 
724(d)(1), the two Secretaries shall submit to the committees 
of Congress specified in subsection (a) a joint report on 
access by beneficiaries of each department to pharmaceutical 
services of the other department. The report shall describe the 
advantages and disadvantages to the beneficiaries and the 
Departments of providing such access and any other matters 
related to such pharmaceutical services that the Secretaries 
consider pertinent, together with any legislative 
recommendations for expanding or canceling such services.
  (d) Annual Report on Pilot Program for Graduate Medical 
Education.--Not later than January 31, 2004, and January 31 of 
each year thereafter through 2009, the two Secretaries shall 
submit to Congress a joint report on the pilot program under 
section 727. The report for any year shall cover activities 
under the program during the preceding year and shall include 
each Secretary's assessment of the efficacy of providing 
education and training under that program.
                              ----------                              

22. An Amendment To Be Offered by Representative Snyder of Arkansas, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title IX (page 179, after line 21), insert the 
following new section:

SEC. 9____. AUTHORITY TO ACCEPT GIFTS FOR NATIONAL DEFENSE UNIVERSITY.

  (a) In General.--Section 2605 of title 10, United States 
Code, is amended--
          (1) in subsection (a)--
                  (A) by inserting ``(1)'' after 
                ``administration of''; and
                  (B) by inserting before the period at the end 
                of the first sentence ``, or (2) the National 
                Defense University'';
          (2) in subsection (b)--
                  (A) by inserting ``(1)'' after ``(b)'';
                  (B) by striking ``subsection (a)'' and 
                inserting ``subsection (a)(1)'';
                  (C) by designating the last sentence as 
                paragraph (3) and in that sentence by inserting 
                ``or for the benefit or use of the National 
                Defense University, as the case may be,'' after 
                ``schools,''; and
                  (D) by inserting before paragraph (3), as 
                designated by subparagraph (C), the following:
  ``(2) There is established in the Treasury a fund to be known 
as the `National Defense University Gift Fund'. Gifts of money, 
and the proceeds of the sale of property, received under 
subsection (a)(2) shall be deposited in the Fund.'';
          (3) in subsection (d)(1)(A), by inserting ``and the 
        National Defense University Gift Fund'' before the 
        semicolon; and
          (4) by adding at the end the following new 
        subsection:
  ``(h) In this section, the term `National Defense University' 
includes any school or other component of the National Defense 
University.''.
  (b) Clerical Amendment.--(1) The heading of such section is 
amended to read as follows:

``Sec. 2605. Acceptance of gifts for defense dependents' schools and 
                    National Defense University''.

  (2) The item relating to such section in the table of 
sections at the beginning of chapter 151 of such title is 
amended to read as follows:

``2605. Acceptance of gifts for defense dependents' schools and National 
          Defense University.''.
                    ____________________________________________________

   23. An Amendment To Be Offered by Representative Spratt of South 
           Carolina, or a Designee, Debatable for 10 Minutes

  At the end of title XI (page 222, after line 3), insert the 
following new section:

SEC. ____. CERTIFICATION FOR DEPARTMENT OF DEFENSE PROFESSIONAL 
                    ACCOUNTING POSITIONS.

  (a) In General.--(1) Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new 
section:

``Sec. 1599d. Professional accounting positions: authority to prescribe 
                    certification and credential standards

  ``(a) Authority To Prescribe Professional Certification 
Standards.--The Secretary of Defense may prescribe professional 
certification and credential standards for professional 
accounting positions within the Department of Defense. Any such 
standard shall be prescribed as a Department of Defense 
regulation.
  ``(b) Waiver Authority.--The Secretary may waive any standard 
prescribed under subsection (a) whenever the Secretary 
determines such a waiver to be appropriate.
  ``(c) Applicability.--A standard prescribed under subsection 
(a) shall not apply to any person employed by the Department of 
Defense before the standard is prescribed.
  ``(d) Report.--The Secretary of Defense shall submit to 
Congress a report on the Secretary's plans to provide training 
to appropriate Department of Defense personnel to meet any new 
professional and credential standards prescribed under 
subsection (a). Such report shall be prepared in conjunction 
with the Director of the Office of Personnel Management. Such a 
report shall be submitted not later than one year after the 
effective date of any regulations, or any revision to 
regulations, prescribed pursuant to subsection (a).
  ``(e) Definition.--In this section, the term `professional 
accounting position' means a position or group of positions in 
the GS-510, GS-511, and GS-505 series that involves 
professional accounting work.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1599d. Professional accounting positions: authority to establish 
          certification and credential standards.''.

  (b) Effective Date.--Standards established pursuant to 
section 1599d of title 10, United States Code, as added by 
subsection (a), may take effect no sooner than 120 days after 
the date of the enactment of this Act.
                              ----------                              

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

  At the end of subtitle C of title I (page 23, after line 5), 
insert the following new section:

SEC. ____. REALLOCATION OF CERTAIN FUNDS FOR AIR FORCE RESERVE COMMAND 
                    F-16 AIRCRAFT PROCUREMENT.

  Of the funds authorized to be appropriated by section 103(1) 
that are available for procurement of F-16 aircraft for the Air 
Force Reserve Command, $14,400,000 shall be available for 36 
Litening II modernization upgrade kits for the F-16 block 25 
and block 30 aircraft (rather than for Litening AT pods for 
such aircraft).
  Page 65, line 11, strike ``$30,00,000'' and insert 
``$35,000,000''.
  In section 2811, page 295, after line 11, insert the 
following new subsection (and redesignate subsequent 
subsections accordingly):
  ``(e) Acquisition of Water Rights.--The authority of the 
Secretary of a military department to enter into an agreement 
under subsection (a) for the acquisition of real property (or 
an interest therein) includes the authority to support the 
purchase of water rights from any available source when 
necessary to support or protect the mission of a military 
installation.
                              ----------                              

22. An Amendment To Be Offered by Representative Tiahrt of Kansas, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle B of title X (page 209, after line 
25), insert the following new section:

SEC. ____. LIMITATION ON DURATION OF FUTURE DEPARTMENT OF DEFENSE 
                    REPORTING REQUIREMENTS.

  (a) In General.--Chapter 23 of title 10, United States Code, 
is amended by inserting after section 480 the following new 
section:

``Sec. 480a. Recurring reporting requirements: five-year limitation

  ``(a) Five-Year Sunset.--Any recurring congressional defense 
reporting requirement that is established by a provision of law 
enacted on or after the date of the enactment of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 
(including a provision of law enacted as part of that Act) 
shall cease to be effective, with respect to that requirement, 
at the end of the five-year period beginning on the date on 
which such provision is enacted, except as otherwise provided 
by law.
  ``(b) Rule of Construction.--A provision of law enacted after 
the date of the enactment of this section may not be considered 
to supersede the provisions of subsection (a) unless that 
provision specifically refers to subsection (a) and 
specifically states that it supersedes subsection (a).
  ``(c) Recurring Congressional Defense Reporting 
Requirements.--In this section, the term `recurring defense 
congressional reporting requirement' means a requirement by law 
for the submission of an annual, semiannual, or other regular 
periodic report to Congress, or one or more committees of 
Congress, that applies only to the Department of Defense or to 
one or more officers of the Department of Defense.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 480 the following new item:

``480a. Recurring reporting requirements: five-year limitation.''.

                                  
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