H.R. 1588 - National Defense Authorization Act, FY 2004

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, May 20, 2003.
FLOOR ACTION:ADOPTED BY RECORD VOTE OF 224-200, AFTER AGREEING ON THE PREVIOUS BY A RECORD VOTE OF 225-203 on Wednesday, May 21, 2003.
MANAGERS: MYRICK/FROST
108th Congress
1st Session

H.R. 1588 - National Defense Authorization Act For Fiscal Year 2004

1. Structured rule.

2. Provides two hours of general debate to be equally divided between the chairman and ranking minority member of the Committee on Armed Services.

3. Waives all points of order against consideration of the bill.

4. 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 and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute recommended by the Committee on Armed Services.

6. Makes in order only those amendments printed in the Rules Committee report.

7. Provides that amendments will be considered only in the order specified in the report, may be offered only by a Member designated in the report, shall be debatable for the time specified in the report (except as specified in section 2 of the resolution), shall not be subject to amendment (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), shall be considered as read, and shall not be subject to a demand for division of the question.

8. Waives all points of order against amendments printed in the Rules Committee report.

9. Allows the Chairman of the Committee of the Whole to recognize for the consideration of any amendment printed in the 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.

10. Provides that during consideration of the bill under this resolution or by a subsequent order of the House that after a motion that the Committee rise or after a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII) has been rejected on a legislative day, the Chairman of the Committee of the Whole may entertain another such motion on that day only if offered by the chairman of the Committee on Armed Services or the Majority Leader.

11. Provides that, after disposition of the amendments printed in the report, the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.

---------

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1588) to authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2004, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and the amendments made in order by this resolution and shall not exceed two hours equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution and those made in order by a subsequent order of the House. Each amendment printed in the report of the Committee on Rules may be offered only in the order printed in the report (except as specified in section 2 of this resolution), may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment (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), and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against amendments printed in the report are waived. After disposition of the amendments printed in the report, the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except by a subsequent order of the House.

Sec. 2. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules 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.

Sec. 3. During consideration of the bill under this resolution or by a subsequent order of the House--
(a) after a motion that the Committee rise has been rejected on a legislative day, the Chairman of the Committee of the Whole may entertain another such motion on that day only if offered by the chairman of the Committee on Armed Services or the Majority Leader or a designee; and
(b) after a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII) has been rejected, the Chairman may not entertain another such motion.


SUMMARY OF THE AMENDMENTS MADE IN ORDER UNDER THE RULE

1. Hunter #73:
Makes technical changes and includes clarification that no employee of DoD Inspector General who was transferred to a Special Court of the United Nations shall be subject to Hatch Act enforcement. Also makes a change regarding sole source contracts. Strikes Section 317(a), and would leave the section of the Endangered Species Act in its present form (i.e., "prudent and determinable"). Strikes Section 318(a), and would confine the new definition of "harassment" to "military readiness activity." (10 minutes)

2. Goode #1:
Authorizes the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject to certain conditions, to assist the Department of Homeland Security in the performance of border protections functions. (20 minutes)

3. Sanchez, Loretta (CA) #65:
Permits Department of Defense facilities, not located in the United States, to perform abortions. (30 minutes)

4. Tauscher #32:
Transfers $15 million for the Robust Nuclear Earth Penetrator and the $6 million for additional and exploratory studies under the Advanced Concepts Initiative to conventional programs to defeat hardened and deeply buried targets. (20 minutes)

5. Hoeffel #9:
Requires the President to submit an annual report on the number of strategic nuclear warheads that have been dismantled in the previous calendar year and that will be dismantled in the coming year. The requirement would commence upon completion of the Moscow Treaty. (10 minutes)

6. Goss #36:
Requires the Secretary of Defense to report on appropriate steps that could be taken by the Department of Defense in response to nations that attempt to commence legal proceedings against any current or former official or employee of the United States relating to the performance of official duties. (20 minutes)

7. Goss #54:
Requires a study by the Secretary of Defense to conduct an assessment of U.S. costs associated with the location of the headquarters of the North Atlantic Treaty Organization (NATO) in Brussels, Belgium, and the costs and benefits of relocating the headquarters to a suitable location in another NATO member country, including those nations invited to join NATO at the Prague summit in 2002. (20 minutes)

8. Saxton #17:
Repeals the statutory requirement that an officer serving as defense attache to France must hold, or be on the promotion list, the grade of brigadier general or rear admiral, lower half. (10 minutes)

9. Hunter #75:
Sense of Congress regarding changes within NATO (i.e., the expansion to include former Soviet-bloc member states). Asks President to reevaluate U.S. defense posture in Europe in order to take maximum advantage of basing and training ops in the territory of new NATO members. (20 minutes)

TEXT OF THE AMENDMENTS MADE IN ORDER UNDER THE RULE(.pdf)

1. Hunter

2. Goode

3. Sanchez, Loretta (CA)

4. Tauscher

5. Hoeffel

6. Goss

7. Goss

8. Saxton