H.R. 1815 - National Defense Authorization Act for FY 2006

COMMITTEE ACTION:  REPORTED BY VOICE VOTE on Tuesday, May 24, 2005.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 225-198 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS BY A VOTE OF 225-200 on Wednesday, May 25, 2005.
MANAGERS: COLE/SLAUGHTER
109th Congress
1st Session

H. RES. 293
[Report No. 109-96]

H.R. 1815 – National Defense Authorization Act for Fiscal Year 2005

1. Structured rule.

2. Provides one hour general debate equally divided and controlled by 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 shall be considered only in the order specified in the report (except as specified in section 4 of the resolution), may be offered only by a Member designated in the report, shall be debatable for the time specified in the report, 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. Authorizes the Chairman of the Committee on Armed Services, or his designee, to offer amendments en bloc consisting of amendments printed in the Rules Committee report not earlier disposed of, which shall be considered as read, 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, and shall not be subject to amendment or demand for a division of the question in the House or the Committee of the Whole.

11. 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.

12. Provides one motion to recommit with or without instructions.

 

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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. 1815) to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2006, 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 one hour 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.

Sec. 2. (a) 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.

(b) Notwithstanding clause 11 of rule XVIII, 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 amendments en bloc described in section 3 of this resolution.

(c) Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report (except as specified in section 4 of this resolution), may be offered only by a Member designated in the 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. Each amendment printed in the report shall be debatable as specified in the report equally divided and controlled by the proponent and an opponent and 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).

(d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived.

Sec. 3. 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 the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, 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 in the House or in the Committee of the Whole. 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.

Sec. 4. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules accompanying this resolution 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. 5. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 6. During consideration of the bill under this resolution--
(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 AMENDMENTS MADE IN ORDER

1. Hunter #61
Amends 5 USC 2108(1) to extend veteran's preference to individuals who served on active duty in the armed forces for a period of more than 180 consecutive days between 9/11/01 and the end of Operation Iraqi Freedom and who were discharged under honorable conditions. Also modifies section 574, relating to ground combat and other exclusion policies that impact the assignment of women in the Armed Forces. Adds $10 million for supersonic cruise missile engines. Establishes a memorial to the U.S.S. Oklahoma. REVISED. (10 minutes).

2. Ortiz #13
Directs the Secretary to submit to the congressional defense committees a sustainment plan by December 31, 2005, for the existing MHC-51 class mine countermeasures ships that are to be eventually replaced by the Littoral Combat ship and other mine countermeasures systems. (10 minutes).

3. Kaptur #66
Requires the Department of Defense to conduct a study on the use of bio-diesel and ethanol fuels by the Armed Forces and Defense Agencies. Includes a review of the last five years, a forecast of usage for each of fiscal years 2007 to 2012 and assessments of the future commercial capabilities. REVISED. (10 minutes).

4. Stark #28
Instructs the GAO to submit a report to Congress on criminal violations in military recruiting practices, including DoD policies that may contribute to violations, evaluation of any internal investigations, and recommended legislative or administrative remedies. REVISED. (10 minutes).

5. Strickland #40
Adds "information concerning the availability of mental health services" to what is already required to be communicated in benefit counseling sessions to those in the armed forces who are separating from active duty. (10 minutes).

6. Stearns #63
Expresses the sense of Congress that any college or university that denies equal access or discriminate against ROTC programs or military recruiters should be denied certain Federal taxpayer support, especially funding for many military and defense programs. Requires the Secretary of Defense to issue a report to Congress on the college and universities that are denying equal access to military recruiters and ROTC programs. (10 minutes).

7. Simmons #53
Lifts the age 60 requirement for Space-A travel by National Guard and Reserve retirees. REVISED. (10 minutes).

8. Slaughter #25
Authorizes $25 million annually for training and resources for the DoD to better respond to incidences of sexual assault. Requires the Secretary of Defense to assess the availability and accessibility within assigned or deployed units of trained personnel, rape evidence kits, testing supplies for sexually transmitted infections (STI's) and diseases, including HIV, and for pregnancy, transportation resources, and medication within 30 days of enactment of this bill. Also requires the Secretary to develop and implement a plan to enhance accessibility and availability of supplies, trained personnel, and transportation resources in response to sexual assaults occurring in deployed units. REVISED. (10 minutes).

9. Reichert #27
Requires GAO to study the difficulties faced by our National Guard and Reserve Personnel in gaining re-employment once returning from duty. The report will also identify the size and nature of the employers. (10 minutes).

10. Filner #10
Requires a study to determine if it is feasible for DoD to allow veterans with a service connected disability rating of 50 percent or higher access to Space-A travel. (10 minutes).

11. Menendez #18
Requires the GAO to prepare a report on compensation and benefits for reserve component members. REVISED. (10 minutes).

12. Davis (CA)/Harman #2
Lifts the current ban on privately funded abortions at U.S. military facilities overseas. (30 minutes).

13. DeLauro #21
Requires the DoD to revise its mental health evaluations for pre- and post-deployment of servicemembers to combat theaters. Servicemembers returning from combat would be required to receive a combat stress evaluation from a mental health professional. Also requires the DoD to implement a mental-health awareness program aimed at reducing the stigma associated with mental health care within the Armed Services. (10 minutes).

14. Bishop (GA) #55
Requires a study of effectiveness of self administered pre- and post- deployment exams, within 120 days of enactment. REVISED. (10 minutes).

15. Manzullo #14
Codifies the content requirements of the Buy American Act as stated in Defense Federal Acquisition Regulations Supplement (Part 225). (10 minutes).

16. Andrews #44
Requires the DoD to include a provision in their contracts with all defense contractors prohibiting them from requiring licenses and fees from businesses that manufacture, distribute, or sell models and model kits. (10 minutes).

17. Blunt/Kirk #24
Requires DoD to establish the employment of National Guard and Reserve Personnel as an evaluation factor in the awarding of defense contracts. (10 minutes).

18. Simmons #52
Encourages the DoD to buy Lithium-Ion cells and batteries, and associated manufacturing technologies that are made in America. (10 minutes).

19. Hoekstra #11
Clarifies the source of funding for the rapid acquisition of intelligence capabilities. Adds the Permanent Select Committee on Intelligence of the House of Representatives in the notification. REVISED. (10 minutes).

20. Goode #51
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 protection functions. (30 minutes).

21. Crowley #57
Sense of Congress that recognizes the diversity of the men and women of our Armed Services killed in Operation Iraqi Freedom and Operation Enduring Freedom, and honors their sacrifices and the sacrifices of their families. REVISED. (10 minutes).

22. Matheson #84
Prohibits DoD from destroying historical fallout records. Directs the Department to identify, preserve, and publish information contained in these records. (10 minutes).

23. Hostettler #32
Amends the Immigration and Nationality Act to admit Afghan and Iraqi nationals who serve U.S. forces as interpreters for at least 12 months and have a recommendation of the first General or Flag officer in the chain of command. (20 minutes).

24. Davis, Jo Ann #68
Clarifies federal law regarding support for youth organizations (including the Boy Scouts of America) by the federal government. Removes doubt that DoD may welcome Scouts to hold meetings and go camping on federal property. Specifically, the Department of Defense would have to provide a minimum level of support that it provided in the previous four fiscal years. The support is defined as holding meetings, camping events, or other activities on defense property and hosting any official event of the youth organization. (30 minutes).

25. Israel #81
Makes permanent the pilot "Science, Mathematics, and Research for Transformation (SMART) Defense Education Program" and include within its purview the study of foreign languages. (10 minutes).

26. Woolsey #6
Expresses the sense of Congress that the President should develop a plan for the withdrawal of U.S. military forces from Iraq, and submit this plan to the congressional defense committees. (30 minutes).

27. Weldon (PA) #85
Expresses the sense of Congress that the United States should cooperate with Russia on missile defense. Cites two specific examples of possible avenues of cooperation: 1) testing specific elements of the Missile Defense Agency's detection and tracking equipment through the use of Russian target missiles; and 2) providing early warning radar to the Missile Defense Agency by using Russian radar data. (10 minutes).

28. Spratt #39
Adds war-related reporting requirements for tracking costs, military personnel force levels, reconstitution requirements, and military construction projects associated with operations in Iraq and Afghanistan, and enhanced security operations at home. (10 minutes).

29. Bradley #1
Postpones the BRAC recommendations until one year after the last of these actions occurs: the recommendations of the Review of Overseas Military Facility Structure are implemented by the Secretary of Defense, a substantial number of American troops return from Iraq, the House and Senate Armed Services Committees receive the quadrennial defense review, the National Maritime Security Strategy is implemented, and the Homeland Defense and Civil Support directive is implemented. (60 minutes).

 

(Summaries derived from information provided by the amendment sponsor.)

 

TEXT OF THE AMENDMENTS(.pdf)

 

1. Hunter #61

2. Ortiz #13

3. Kaptur #66

4. Stark #28

5. Strickland #40

6. Stearns #63

7. Simmons #53

8. Slaughter #25

9. Reichert #27

10. Filner #10

11. Menendez #18

12. Davis(CA)/Harman #2

13. DeLauro #21

14. Bishop (GA) #55

15. Manzullo #14

16. Andrews #44

17. Blunt/Kirk #24

18. Simmons #52

19. Hoekstra #11

20. Goode #51

21. Crowley #57

22. Matheson #84

23. Hostettler #32

24. Davis, Jo Ann #68

25. Israel #81

26. Woolsey #6

27. Weldon (PA) #85

28. Spratt #39

29. Bradley #1