[House Report 107-218]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-218
======================================================================
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 2586, NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2002
_______
September 24, 2001.--Referred to the House Calendar and ordered to be
printed
_______
Mrs. Myrick, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 246]
The Committee on Rules, having had under consideration
House Resolution 246, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
summary of provisions of the resolution
The resolution provides for further consideration of H.R.
2586, the National Defense Authorization Act for Fiscal Year
2002.
The rule provides that no further amendment to the
committee amendment in the nature of a substitute shall be in
order except those printed in this report. Each amendment
listed may be offered only in the order printed in this report,
may be offered only by a Member designated in this report,
shall be considered as read, shall be debatable for the time
specified equally divided and controlled by the proponent and
an opponent, shall not be subject to amendment, and shall not
be subject to a demand for division of the question in the
House or in the Committee of the Whole. The rule waives all
points of order against such amendments.
Finally, the rule provides one motion to recommit with or
without instructions.
committee votes
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 43
Date: September 24, 2001.
Measure: H.R. 2586.
Motion by: Mr. Frost.
Summary of motion: To strike the portion of the Stump
manager's amendment that amends Subtitle G of the Title III
regarding restrictions on DoD's outsourcing and procurement
process.
Results: Defeated 4-8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Hall--Yea; Slaughter--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 44
Date: September 24, 2001.
Measure: H.R. 2586.
Motion by: Mr. Hastings (FL).
Summary of motion: To make in order the amendment by
Representatives Gonzalez and Jones (NC) to attend ``Interested
Party'' status to labor organizations who represent DoD Civil
Service employees in A-76 cost comparison studies conducted by
DoD affording appellate (GAO) and legal rights equal to those
of the private contractors against whom they are competing.
Results: Defeated 4-8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Hall--Yea; Slaughter--Yea; Hastings (FL)--Yea;
Dreier--Nay.
summary of amendments made in order under the rule
(Summaries derived from information provided by sponsors.)
Summary of Manager's Amendment, debatable for 10 minutes
Increases the existing F-22 engineering and manufacturing
cost cap so that the Air Force can properly budget to complete
required testing, extends the reporting requirement and
termination dates for the Commission of the Future of the
United States Aerospace Industry, adjusts assumed savings of
the sale of stockpile material, clarifies the authorities of
the Secretary of Defense with regard to the Department of
Defense Medicare-Eligible Retiree Health Care fund, clarifies
that the Military Treatment Facilities are included in the
trust fund calculations and set the normal cost contribution
for any year to be equal to the trust funds outlays for that
year, preserves the authority of the Director of Central
Intelligence for space reconnaissance and other national
intelligence purposes intelligence purposes, strikes current
provisions in the bill on A-76 workforce studies and replaces
with temporary limits and requires projected cost savings
thresholds to be met before proceeding, provides funds for the
(CVN-69) refueling, includes a sense of the Congress that DOD
should provide appropriate public safety and security for the
2002 Winter Olympics in Salt Lake City, Utah, provides for
reengining and avionics modernization for C-5 aircraft, allows
for better recruiting access to secondary schools, allows the
Secretary of Defense to accept monetary contributions for the
purpose of repair and reconstruction of the Pentagon,
authorizes the Secretary of the Army to lease a limited number
of housing units within the Presidio, and increases operation
and maintenance for nonproliferation and verification R&D
within the National Nuclear Security Administration.
Summary of Amendments Made in Order, debatable for the time specified
Stump--Sense of the Congress recognizing the importance of
civilians in support of the Armed Forces worldwide. Commends
the DOD decision to create a new award, a medal for the defense
of freedom, to be awarded to civilians employed by the
Department of Defense who are killed or wounded as a result of
hostile action. Urges the Secretary of Defense to move
expeditiously to produce and award the new medal and to develop
a more comprehensive, uniform policy for the award of
decorations to military and civilian personnel.
Traficant--Assigns, at the request of the Attorney General
and the Secretary of the Treasury, military personnel to assist
in patrolling our borders. Provides for the establishment of a
task force by either the Treasury Department or the Justice
Department for the purpose of counter-terrorism and drug
interdiction.
Sanchez--Restores equal access to health services at
overseas military hospitals to servicemen and women and their
dependents stationed overseas.
Stump/Skelton--Creates a new Title related to activities to
combat terrorism. Provides $400 million in new funding for
intelligence and anti-terrorism and counter-terrorism
initiatives through a reduction in funding for National Missile
Defense programs and consulting services. Requires an
assessment of Defense Department ability to respond to
terrorist attacks, a report on protection from airborne
threats, the establishment of combating terrorism as a national
security mission, and other policy matters related to combating
terrorism.
text of amendments made in order under the rule
1. An Amendment To Be Offered by Representative Stump of Arizona, or a
Designee, Debatable for 10 Minutes
At the end of subtitle A of title I (page 18, after line 25),
insert the following new section:
SEC. ____. ADDITIONAL AMOUNT FOR SHIPBUILDING AND CONVERSION, NAVY.
(a) Increase in SCN Amount.--The amount provided in section
102(a)(3) for shipbuilding and conversion for the Navy is
hereby increased by $57,100,000, to be available for the U.S.S.
Eisenhower (CVN-69) Refueling Complex Overhaul program.
(b) Offset.--The amount provided in section 301(5) is hereby
reduced by $57,100,000, to be derived from amounts for
consulting services.
Strike section 121 (page 20, line 2, through page 21, line
2).
At the end of subtitle B of title II (page 27, after line
24), insert the following new sections:
SEC. ____. COST LIMITATION APPLICABLE TO F-22 AIRCRAFT PROGRAM
ENGINEERING AND MANUFACTURING DEVELOPMENT.
Section 217(c)(3) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is
amended by inserting ``plus $250,000,000'' after ``and (2))''.
SEC. ____. C-5 AIRCRAFT MODERNIZATION.
(a) Increase in Air Force RDTE Amount.--The amount provided
in section 201(3) for Research, Development, Test, and
Evaluation for the Air Force is hereby increased by
$30,000,000, to be available for Re-engining and Avionics
Modernization for the C-5 aircraft.
(b) Offset.--The amount provided in section 301(5) is hereby
reduced by $30,000,000, to be derived from amounts for
consulting services.
Strike section 331 (page 58, beginning on line 19) and insert
the following:
SEC. 331. WORKFORCE REVIEW LIMITATIONS.
(a) Limitation Pending GAO Report.--No more than 50 percent
of the workforce reviews planned during fiscal year 2002 may be
initiated before the date that is the earlier of (1) May 1,
2002, or (2) the date on which the Comptroller General submits
to Congress the report required by section 832 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106-398; 114 Stat. 1654A-221),
regarding policies and procedures governing the transfer of
commercial activities from Government personnel to Federal
contractors.
(b) Required Cost Savings Level for Change.--(1) A commercial
or industrial type function of the Department of Defense may
not be changed to performance by the private sector as a result
of a workforce review unless, as a result of the cost
comparison examination required as part of the review that
employed the most efficient organization process described in
Office of Management and Budget Circular A-76 or any successor
administrative regulation or policy, at least a 10-percent cost
savings would be achieved by performance of the function by the
private sector over the term of the contract.
(2) The cost savings requirement specified in paragraph (1)
does not apply to any contracts for special studies and
analyses, construction services, architectural services,
engineering services, medical services, scientific and
technical services related to (but not in support of) research
and development, and depot-level maintenance and repair
services.
(3) The Secretary of Defense may waive the cost savings
requirement if--
(A) the written waiver is prepared by the Secretary
of Defense, or the relevant Assistant Secretary or
agency head; and
(B) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the
requirement for a cost comparison examination.
(C) The Secretary of Defense shall publish a copy of
the waiver in the Federal Register.
(c) Workforce Review Defined.--In this section, the term
``workforce review'' with respect to a function of the
Department of Defense performed by Department of Defense
civilian employees, means a review conducted under Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy).
Strike subtitle G of title III (page 71, beginning on line
12), relating to the Department of Defense Service Contracting
Reform Act of 2001.
At the end of subtitle F of title III (page 71, after line
11), insert the following new section:
SEC. ____. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED AT THE
2002 WINTER OLYMPIC GAMES.
It is the sense of Congress that the Secretary of Defense
should provide essential and appropriate public safety and
security support for the 2002 Winter Olympic Games in Salt Lake
City, Utah.
Page 179, line 18, insert ``(a) Access to Directory
Information.--'' before ``Section''.
Page 180, after line 3, insert the following:
(b) Enhanced Recruiter Access.--Section 503(c)(5) of such
title is amended by striking ``do not apply to--'' and all that
follows through ``(B)'' and inserting ``do not apply to''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on July 1, 2002, immediately after
the amendment to section 503(c) of title 10, United States
Code, made, effective that date, by section 563(a) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-131).
Strike section 715 (page 231, beginning on line 8, and all
that follows through page 234, line 18) and insert the
following new section:
SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE DEPARTMENT OF
DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Clarification Regarding Coverage.--Subsection (b) of
section 1111 of title 10, United States Code, is amended to
read as follows:
``(b) In this chapter:
``(1) The term `Department of Defense retiree health
care programs' means the provisions of this title or
any other provision of law creating an entitlement to
or eligibility for health care under a Department of
Defense or uniformed service program for a member or
former member of a participating uniformed service who
is entitled to retired or retainer pay, and an eligible
dependent under such program.
``(2) The term `eligible dependent' means a dependent
(as such term is defined in section 1072(2) of this
title) described in section 1076(a)(2) (other than a
dependent of a member on active duty), 1076(b),
1086(c)(2), or 1086(c)(3).
``(3) The term `medicare-eligible', with respect to
any person, means entitled to benefits under part A of
title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.).
``(4) The term `participating uniformed service'
means the Army, Navy, Air Force, and Marine Corps, and
any other uniformed service that is covered by an
agreement entered into under subsection (c).''.
(b) Participation of Other Uniformed Services.--(1) Section
1111 of such title is further amended by adding at the end the
following new subsection:
``(c) The Secretary of Defense may enter into an agreement
with any other administering Secretary (as defined in section
1072(3)) for participation in the Fund by a uniformed service
under the jurisdiction of that Secretary. Any such agreement
shall require that Secretary to make contributions to the Fund
on behalf of the members of the uniformed service under the
jurisdiction of that Secretary comparable to the contributions
to the Fund made by the Secretary of Defense under section
1116, and such administering Secretary may make such
contributions.''.
(2) Section 1112 of such title is amended by adding at the
end the following new paragraph:
``(4) Amounts paid into the Fund pursuant to section
1111(c).''.
(3) Section 1115 of such title is amended--
(A) in subsection (a), by inserting ``participating''
before ``uniformed services'';
(B) in subparagraphs (A)(ii) and (B)(ii) of
subsection (b)(1), by inserting ``under the
jurisdiction of the Secretary of Defense'' after
``uniformed services'';
(C) in subsection (b)(2), by inserting ``(or to the
other executive department having jurisdiction over the
participating uniformed service)'' after ``Department
of Defense''; and
(D) in subparagraphs (A) and (B) of subsection
(c)(1), by inserting ``participating'' before
``uniformed services''.
(4) Section 1116(a) of such title is amended in paragraphs
(1)(B) and (2)(B) by inserting ``under the jurisdiction of the
Secretary of Defense'' after ``uniformed services''.
(c) Clarification of Payments From the Fund.--(1) Subsection
(a) of section 1113 of such title is amended to read as
follows:
``(a) There shall be paid from the Fund amounts payable for
the costs of all Department of Defense retiree health care
programs for the benefit of members or former members of a
participating uniformed service who are entitled to retired or
retainer pay and are medicare eligible, and eligible dependents
described in section 1111(b)(3) who are medicare eligible.''.
(2) Such section is further amended by adding at the end the
following new subsections:
``(c)(1) In carrying out subsection (a), the Secretary of
Defense may transfer periodically from the Fund to applicable
appropriations of the Department of Defense, or to applicable
appropriations of other departments or agencies, such amounts
as the Secretary determines necessary to cover the costs
chargeable to those appropriations for Department of Defense
retiree health care programs for beneficiaries under those
programs who are medicare-eligible. Such transfers may include
amounts necessary for the administration of such programs.
Amounts so transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriation to which transferred. Upon a determination that
all or part of the funds transferred from the Fund are not
necessary for the purposes for which transferred, such amounts
may be transferred back to the Fund. This transfer authority is
in addition to any other transfer authority that may be
available to the Secretary.
``(2) A transfer from the Fund under paragraph (1) may not be
made to an appropriation after the end of the second fiscal
year after the fiscal year that the appropriation is available
for obligation. A transfer back to the Fund under paragraph (1)
may not be made after the end of the second fiscal year after
the fiscal year that the appropriation to which the funds were
originally transferred is available for obligation.
``(d) The Secretary of Defense shall by regulation establish
the method or methods for calculating amounts to be transferred
under subsection (c). Such method or methods may be based (in
whole or in part) on a proportionate share of the volume
(measured as the Secretary determines appropriate) of health
care services provided or paid for under Department of Defense
retiree health care programs for beneficiaries under those
programs who are medicare-eligible in relation to the total
volume of health care services provided or paid for under
Department of Defense health care programs.
``(e) The regulations issued by the Secretary under
subsection (d) shall be provided to the Comptroller General not
less than 60 days before such regulations become effective. The
Comptroller General shall, not later than 30 days after
receiving such regulations, report to the Secretary of Defense
and Congress on the adequacy and appropriateness of the
regulations.
``(f) If the Secretary of Defense enters into an agreement
with another administering Secretary pursuant tosection
1111(c), the Secretary of Defense may take actions comparable to those
described in subsections (c), (d), and (e) to effect comparable
activities in relation to the beneficiaries and programs of the other
participating uniformed service.''.
(d) Source of Funds for Monthly Accrual Payments Into the
Fund.--Section 1116 of such title is further amended--
(1) in subsection (a)(2)(B) (as amended by subsection
(b)(7)), by striking the sentence beginning ``Amounts
paid into''; and
(2) by adding at the end the following new
subsection:
``(c) Amounts paid into the Fund under subsection (a) shall
be paid from funds available for the health care programs of
the participating uniformed services under the jurisdiction of
the respective administering Secretaries.''.
(e) Limitation on Total Amount Contributed During a Fiscal
Year.--Section 1116 of such title is further amended by adding
at the end the following new subsection:
``(d) In no case may the total amount of monthly
contributions to the Fund during a fiscal year under subsection
(a) exceed the amount paid from the Fund during such fiscal
year under section 1113.''.
(f) Technical Amendments.--(1) The heading for section 1111
of such title is amended to read as follows:
``Sec. 1111. Establishment and purpose of Fund; definitions; authority
to enter into agreements''.
(2) The item relating to section 1111 in the table of
sections at the beginning of chapter 56 of such title is
amended to read as follows:
``1111. Establishment and purpose of Fund; definitions; authority to
enter into agreements.''.
(3) Section 1115(c)(1)(B) of such title is amended by
inserting an open parenthesis before ``other than for
training)''.
(g) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of chapter 56
of title 10, United States Code, by section 713(a)(1) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; 114 Stat. 1654A-179).
(h) First Year Contributions.--With respect to contributions
under section 1116(a) of title 10, United States Code, for the
first year that the Department of Defense Medicare-Eligible
Retiree Health Care Fund is established under chapter 56 of
such title, if the Board of Actuaries is unable to execute its
responsibilities with respect to such section, the Secretary of
Defense may make contributions under such section using methods
and assumptions developed by the Secretary.
At the end of title X (page 307, after line 20), insert the
following new sections:
SEC. ____. AMENDMENTS RELATING TO COMMISSION ON THE FUTURE OF THE
UNITED STATES AEROSPACE INDUSTRY.
(a) Deadline for Report.--Subsection (d)(1) of section 1092
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-302) is amended by striking ``March 1, 2002''
and inserting ``one year after the date of the first official
meeting of the Commission''.
(b) Termination of Commission.--Subsection (g) of such
section is amended by striking ``30 days'' and inserting ``60
days''.
SEC. ____. AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR REPAIR AND
RECONSTRUCTION OF PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) The Secretary of Defense may accept monetary
contributions made for the purpose of assisting to finance the
repair and reconstruction of the Pentagon Reservation following
the terrorist attack that occurred on September 11, 2001. The
Secretary shall deposit such contributions in the Fund.''; and
(3) in paragraph (3), as redesignated, by inserting
at the end the following new sentence: ``However,
contributions accepted under paragraph (2) shall be
available for expenditure only for the purpose
specified in such paragraph.''.
At the end of title XIV (page 348, after line 8), insert the
following new section:
SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPONSIBILITIES OF DIRECTOR
OF CENTRAL INTELLIGENCE.
Nothing in this title or the amendments made by this title
shall modify, alter, or supersede the authorities and
responsibilities of the Director of Central Intelligence.
Strike section 2863 (page 424, line 9, through page 426, line
6), and insert the following new section:
SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.
(a) Authority to Lease Certain Housing Units for Use as Army
Housing.--Title I of division I of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333; 16 U.S.C.
460bb note) is amended by adding at the end the following new
section:
``SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING UNITS WITHIN
THE PRESIDIO.
``(a) Availability of Housing Units for Long-Term Army
Lease.--Subject to subsection (c), the Trust shall make
available for lease, to those persons designated by the
Secretary of the Army and for such length of time as requested
by the Secretary of the Army, 22 housing units located within
the Presidio that are under the administrative jurisdiction of
the Trust and specified in the agreement between the Trust and
the Secretary of the Army in existence as of the date of the
enactment of this section.
``(b) Lease Amount.--The monthly amount charged by the Trust
for the lease of a housing unit under this section shall be
equivalent to the monthly rate of the basic allowance for
housing that the occupant of the housing unit is entitled to
receive under section 403 of title 37, United States Code.
``(c) Condition on Continued Availability of Housing Units.--
Effective after the end of the four-year period beginning on
the date of the enactment of this section, the Trust shall have
no obligation to make housing units available under subsection
(a) unless, during that four-year period, the Secretary of the
Treasury purchases new obligations of at least $80,000,000
issued by the Trust under section 104(d)(2). In the event that
this condition is not satisfied, the existing agreement
referred to in subsection (a) shall be renewed on the same
terms and conditions for an additional two years.''.
(b) Increased Borrowing Authority and Technical
Corrections.--Paragraphs (2) and (3) of section 104(d) of title
I of division I of the Omnibus Parks and Public Lands
Management Act of 1996, as amended by section 334 of appendix C
of Public Law 106-113 (113 Stat. 1501A-199) and amended and
redesignated by section 101(13) of Public Law 106-176 (114
Stat. 25), are amended--
(1) in paragraph (2), by striking ``including a
review of the creditworthiness of the loan and
establishment of a repayment schedule,'' the second
place it appears; and
(2) in paragraph (3)--
(A) by striking ``$50,000,000'' and inserting
``$150,000,000''; and
(B) by striking ``paragraph (3) of''.
At the end of subtitle A of title XXXI (page 461, after line
6), insert the following new section:
SEC. ____. INCREASED AMOUNT FOR NONPROLIFERATION AND VERIFICATION.
(a) National Nuclear Security Administration.--The amounts
provided in section 3101 for activities of the National Nuclear
Security Administration, and in paragraph (2) of that section
for defense nuclear nonproliferation, are each hereby increased
by $10,000,000, for operation and maintenance for
nonproliferation and verification research and development (and
the amounts provided in subparagraph (A) of such paragraph (2)
and in clause (i) of such subparagraph are each hereby
increased by such amount).
(b) Offset.--The amount provided in section 301(5) is hereby
reduced by $10,000,000, to be derived from amounts for
consulting services.
Strike section 3304 (page 483, lines 9 through 16) and insert
the following new section:
SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY TO DISPOSE OF COBALT
FROM NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized During Fiscal Year 2002.--Subsection
(a)(1) of section 3305 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d
note) is amended by striking ``fiscal year 2003'' and inserting
``the two-fiscal year period ending September 30, 2003''.
(b) Limitations on Disposal Authority.--Subsection (b)(1) of
such section is amended by adding at the end the following new
sentence: ``The total quantity of cobalt disposed of under such
subsection during fiscal year 2002 may not exceed 700,000
pounds.''.
----------
2. An Amendment To Be Offered by Representative Stump of Arizona, or a
Designee, Debatable for 10 Minutes
At the end of subtitle E of title V (page 161, after line
12), insert the following new section:
SEC. ____. SENSE OF CONGRESS ON NEW MEDAL TO RECOGNIZE CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE KILLED OR
WOUNDED AS A RESULT OF HOSTILE ACTION.
(a) Findings.--Congress makes the following findings:
(1) The role and importance of civilian nationals of
the United States as Federal employees and contractors
in support of operations of the Armed Forces worldwide
has continued to expand.
(2) The expanded role performed by those civilians,
both in the United States and overseas, has greatly
increased the risk to those civilians of injury and
death from hostile actions taken against United States
Armed Forces, as demonstrated by the terrorist attack
on the Pentagon on September 11, 2001, in which scores
of Department of Defense civilian and contractor
personnel were killed or wounded.
(3) No decoration exists for the recognition of
civilian nationals of the United States who, while
serving under competent authority in any capacity with
the Armed Forces, are killed or wounded in the line of
duty under circumstances which, if they were members of
the Armed Forces, would qualify them for the award of
the Purple Heart.
(4) Both the Congress and the Secretary of Defense
have previously agreed to the need for such a
decoration.
(5) On September 20, 2001, the Deputy Secretary of
Defense approved the creation of a new award, a medal
for the defense of freedom, to be awarded to civilians
employed by the Department of Defense who are killed or
wounded as a result of hostile action and at the same
time directed that a comprehensive review be conducted
to develop a more uniform approach to the award of
decorations to military and civilian personnel of the
Department of Defense.
(b) Commendation of Creation of New Award.--Congress commends
the decision announced by the Deputy Secretary of Defense on
September 20, 2001, to approve the creation of a new award, a
medal for the defense of freedom, to be awarded to civilians
employed by the Department of Defense who are killed or wounded
as a result of hostile action.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense--
(1) should move expeditiously to produce and award
the new medal referred to in subsection (b); and
(2) should develop a more comprehensive, uniform
policy for the award of decorations to military and
civilian personnel of the Department of Defense.
----------
3. An Amendment To Be Offered by Representative Traficant of Ohio, or a
Designee, Debatable for 10 Minutes
At the end of subtitle C of title X (page 271, after line
17), insert the following new section:
SEC. ____. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND
NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) Assignment Authority of Secretary of Defense.--Chapter 18
of title 10, United States Code, is amended by inserting after
section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Immigration and Naturalization Service in
preventing the entry of terrorists and drug traffickers
into the United States; and
``(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points
of entry into the United States to prevent the entry of
weapons of mass destruction, components of weapons of
mass destruction, prohibited narcotics or drugs, or
other terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the
Attorney General, in the case of an assignment to the
Immigration and Naturalization Service, or the
Secretary of the Treasury, in the case of an assignment
to the United States Customs Service; and
``(2) the request of the Attorney General or the
Secretary of the Treasury (as the case may be) is
accompanied by a certification by the President that
the assignment of members pursuant to the request is
necessary to respond to a threat to national security
posed by the entry into the United States of terrorists
or drug traffickers.
``(c) Training Program Required.--The Attorney General or the
Secretary of the Treasury (as the case may be), together with
the Secretary of Defense, shall establish a training program to
ensure that members receive general instruction regarding
issues affecting law enforcement in the border areas in which
the members may perform duties under an assignment under
subsection (a). A member may not be deployed at a border
location pursuant to an assignment under subsection (a) until
the member has successfully completed the training program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Immigration and
Naturalization Service or the United States Customs Service is
performing duties at a border location pursuant to the
assignment, a civilian law enforcement officer from the agency
concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection
(a) to conduct a search, seizure, or other similar law
enforcement activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly
known as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Attorney General or the Secretary of the Treasury may establish
ongoing joint task forces when accompanied by a certification
by the President that the assignment of members pursuant to the
request to establish a joint task force is necessary to respond
to a threat to national security posed by the entry into the
United States of terrorists or drug traffickers.
``(2) When established, any joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Attorney General or the
Secretary of the Treasury (as the case may be) shall notify the
Governor of the State in which members are to be deployed
pursuant to an assignment under subsection (a), and local
governments in the deployment area, of the deployment of the
members to assist the Immigration and Naturalization Service or
the United States Customs Service (as the case may be) and the
types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(h) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2004.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10, United
States Code, shall be established as soon as practicable after
the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
____________________________________________________
4. An Amendment To Be Offered by Representative Sanchez of California,
or a Designee, Debatable for 10 Minutes
At the end of title VII (page 234, after line 18), insert the
following new section:
SEC. 7____. LIMITING RESTRICTION OF USE OF DEPARTMENT OF DEFENSE
MEDICAL FACILITIES TO PERFORM ABORTIONS TO
FACILITIES IN THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is amended
by inserting ``in the United States'' after ``Defense''.
----------
5. An Amendment To Be Offered by Representative Stump of Arizona, or
Representative Skelton of Missouri, or a Designee, Debatable for 40
Minutes
At the end of division A (page 348, after line 8), insert the
following new title:
TITLE XV--ACTIVITIES TO COMBAT TERRORISM
Subtitle A--Increased Funding to Combat Terrorism
SEC. 1501. INCREASED FUNDING.
(a) In General.--The amount provided in section 301(5) for
Operation and Maintenance, Defense-wide Activities, is hereby
increased by $400,000,000, to be available as follows:
(1) Intelligence programs.--For increased situational
awareness and upgrades to intelligence programs to
enhance United States security posture, $100,000,000.
(2) Anti-terrorism initiatives.--For enhanced anti-
terrorism and force protection initiatives to reduce
vulnerabilities at United States military installations
and facilities in the United States and worldwide,
$150,000,000.
(3) Counter-terrorism initiatives.--For offensive
counter-terrorism initiatives, $100,000,000.
(4) Consequence management activities.--For
consequence management activities, $50,000,000.
(b) Transfer Authority.--The amounts specified in subsection
(a) are available for transfer to other current accounts of the
Department of Defense, as determined by the Secretary of
Defense.
(c) Offsetting Reductions.--
(1) The amount provided in section 201(4) for
Research, Development, Test, and Evaluation, Defense-
Wide is hereby reduced by $265,000,000, to be derived
from amounts for the Ballistic Missile Defense
Organization, of which--
(A) $145,000,000 shall be derived from the
Mid-Course Defense Segment program element
(PE603882C); and
(B) $120,000,000 shall be derived from the
Boost Phase Defense Segment program element
(PE603883C) for space-based activities.
(2) The amount provided in section 301(5) for
Operation and Maintenance, Defense-wide Activities, is
hereby reduced by $135,000,000, to be derived from
amounts for consulting services.
SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.
Funds transferred under authority of section 1501(a) shall be
merged with, and shall be available for the same time period
as, the appropriations to which transferred. The transfer
authority under that section is in addition to the transfer
authority provided by section 1001.
Subtitle B--Policy Matters Relating to Combating Terrorism
SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE ABILITY TO RESPOND TO
TERRORIST ATTACKS.
(a) Assessment.--The Secretary of Defense shall conduct an
assessment of the ability of the Department of Defense to
provide support for the consequence management activities of
other Federal, State, and local agencies, directly taking into
account the terrorist attacks on the United States on September
11, 2001, and the changed situation regarding terrorism.
(b) Recommendations.--The Secretary of Defense shall submit
to the President and Congress a report providing
recommendations for ways to enhance the ability of the
Department of Defense to provide support described in
subsection (a). The report shall address the recommendations
made by the Vice President in his report to the President on
the development of a coordinated national effort to improve
national preparedness, including efforts to combat terrorism,
as directed by the President in May 2001. The report shall be
submitted not later than 60 days after the date on which the
Vice President submits to the President the report under the
preceding sentence.
SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY TO PROTECT THE
UNITED STATES FROM AIRBORNE THREATS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the ability of the Department of Defense to protect
the United States from airborne threats, including threats
originating from within the borders of the United States. The
report shall identify improvements that can be made to enhance
the security of the American people against these threats and
shall recommend actions, including legislative proposals,
designed to address and overcome existing vulnerabilities.
SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS A NATIONAL SECURITY
MISSION.
Section 108(b)(2) of the National Security Act of 1947 (50
U.S.C. 404a(b)(2)) is amended by inserting ``, including acts
of terrorism,'' after ``aggression''.
SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION WITH FEMA AND FBI.
The Secretary of Defense shall seek an agreement with the
Director of the Federal Bureau of Investigation and the
Director of Federal Emergency Management Agency that clarifies
the roles of Department of Defense Weapons of Mass Destruction
Civil Support Teams in relation to both agencies with respect
to coordination of the roles and missions of those teams in
support of crisis management and consequence management
efforts.