H.R. 5122 - National Defense Authorization Act for Fiscal Year 2007 - part 2

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-4, on Wednesday May 10, 2006. 
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 226-195 AFTER AGREEING TO THE YEAS AND NAYS 223-192, on Thursday May 11, 2006.

MANAGERS: COLE/SLAUGHTER
109th Congress
2nd Session
H.RES. 811
[Report No. 109-461]

H.R. 5122 - National Defense Authorization Act for Fiscal Year 2007 - part 2

1. Structured rule.

2. Provides for further consideration of the bill.

3. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution and amendments en bloc described in section 3 of the resolution.

4. Provides that amendments printed in the report shall be considered only in the order printed in the report (except as specified in section 4 of the resolution), may be offered only by a Member designated in the report, and shall be considered as read.

5. Provides that each amendment printed in the report 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.

6. Waives all points of order against amendments printed in the report and those amendments en bloc as described in Section 3 of the resolution.

7. 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 20 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.

8. 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.

9. Allows the Chairman of the Committee of the Whole to recognize for consideration of any amendment printed in the report, out of the order printed, but not sooner than 30 minutes after the chairman of the Armed Services Committee or his designee announces from the floor a request to that effect.

10. 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 further consideration of the bill (H.R. 5122) to authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2007, and for other purposes.

Sec. 2. (a) Notwithstanding clause 11 of rule XVIII, no further 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.
(b) 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, 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.
(c) 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 20 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 30 minutes 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.

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SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1. Baca (CA) #89:
Requires DoD to study the scope of perchlorate contamination at Formerly Utilized Defense Sites (FUDS). (10 minutes)

2. Castle (DE) #10:
Implements GAO's recommendations to cut-down on award and incentive fee spending waste by requiring the Department to develop a strategy for linking incentives to specific outcomes, such as meeting cost, schedule, and capability goals. Establishes guidance for improving the effectiveness of award and incentive fees and ensure that appropriate approving officials are overseeing these decisions. The Department would be required to report to Congress on the status and effectiveness of these new standards. (10 minutes)

3. Chabot (OH) #9:
(REVISED) Expresses the Sense of Congress that the spouses of Armed Forces members who have died between October 7, 2001 and November 23, 2003 should be permitted to have the option of assigning their SBP payments to their children. (10 minutes)

4. Davis, Tom (VA) #52:
(REVISED) The Defense Access Road (DAR) program currently allows DoD to pay for road projects made necessary by DoD actions. This amendment would allow DoD to consider transit projects as part of DAR as well. (10 minutes)

5. Davis, Tom (VA) #55:
(2ND REVISION) Authorizes the Army to negotiate a "design build" to complete the Fairfax County Parkway. As a result of the construction mandated by BRAC on the Engineering Proving Ground (EPG), it would authorize the Army to enter into a special agreement with the state of Virginia. This agreement would authorize the state of Virginia to fund certain projects on the EPG while allowing the Army to maintain control of such projects. (10 minutes)

6. Dent (PA) #64:
Amends Title XIV to ensure that the Departments of Defense and Homeland Security work together as a part of a Homeland Defense-Homeland Security Technology Transfer Consortium to accelerate the transfer of viable DoD technologies to enhance the homeland security capabilities of Federal, State, and local first responders. (10 minutes)
7. Gohmert (TX) #11:
(REVISED) Expresses the sense of Congress that the Secretary of the Army should consider conveying the U.S. Army Reserve Center in Marshall, Texas to the Marshall-Harrison County Veterans Association for the purpose of erecting a veterans memorial, creating a park, and converting the present building to veterans museum to recognize and honor the accomplishments of our Armed Forces. (10 minutes)

8. Goode (VA) #68:
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 (upon its request) in the performance of border protection functions. (10 minutes)

9. Hooley (OR)/DeFazio (OR)/Wu (OR)/Blumenauer (OR) #78:
Authorizes the Army and the National Guard Bureau to contract with a United States contractor to perform the RESET of the CH–47 helicopters assigned to the Nevada and Oregon National Guard in order to reduce the non-operational rate of their CH–47 fleet. (10 minutes)

10. Hostettler (IN) #41:
(2ND REVISION) Authorize the Commander of the U.S. Special Operations Command to prescribe regulations under which the commander may award a fellowship to eligible persons. (10 minutes)

11. Jindal (LA) #97:
Requires the Secretary of Defense, in coordination with the Secretary of Homeland Security and State governments to develop detailed operational plans regarding the use of the Armed Forces to support activities of civil authorities, known as Defense Support to Civil Authorities missions. (10 minutes)

12. Lewis (KY) #26:
Would provide that no more than 20% of a uniformed service member’s paycheck can be garnished in a single pay period to recover overpayments that have occurred through no fault of the service member. Would also provide a 90-day grace period before overpayment recovery can begin from service members who are wounded or injured, or who incur an illness, in a combat operation or combat zone. (10 minutes)

13. McDermott (WA)/Shays (CT) #87:
Directs the Secretary of Defense, in consultation with the Secretary of Veterans Affairs and the Secretary of Health and Human Services, to conduct a comprehensive study of the health effects of exposure to depleted uranium munitions. (10 minutes)

14. Mica (FL) #7:
(REVISED) Expresses the sense of Congress that the Department of Defense should provide compensation to American veterans who were captured while in service to the United States Armed Forces on the peninsula of Bataan or the island of Corregidor, survived the Bataan Death March during World War II, and have not received previous compensation provided to other prisoners of war. (10 minutes)

15. Millender-McDonald (CA) #25:
(REVISED) Calls for the Secretary of Defense to include as part of the 2006 update to the Mobility Capability Study a comprehensive analysis of future airlift and sealift mobility requirements. The study will examine both the strategic and intra-theater mobility requirements with full consideration of all aspects of the National Security Strategy, and will analyze low, medium, and high risk alternatives. The new analysis must be delivered to Congress by February 1, 2007. (10 minutes)

16. Rohrabacher (CA) #19
Establishes a Center for Entrepreneurial Space Access within the Air Force Research Laboratory's Air Vehicles Directorate to ensure cooperation between DoD and the U.S. entrepreneurial space transportation industry to develop increased capability in the operationally responsive space area in a competitive environment. (10 minutes)

17. Ryan (OH) #33:
(REVISED) Authorizes $5 million for the High Altitude Airship (HAA) Program. The HAA is designed to be an uninhabited, long-endurance, platform for carrying forward based sensors and a wide range of other BMD payloads that will enable continuous over-horizon communication. The HAA will also provide wide area surveillance and protection without interruption or the risk associated with manned aircraft. Offsets $5 million from the Space Based Space Surveillance (SBSS). (10 minutes)

18. Schakowsky (IL) #8:
(REVISED) Provides for additional oversight and accountability of Department of Defense contractors deployed in Iraq and Afghanistan. It would make retroactive DOD regulations for contractors issued in October 2005, on previously issued contracts, upon any option extension. It would implement a policy for conducting comprehensive background checks on foreign nationals hired by contractors operating outside the United States. It would also require a DOD Inspector General report on contractor overcharges, and require that there are sufficient contracting officers assigned to oversee and monitor contacts in Iraq and Afghanistan. (10 minutes)

19. Schiff (CA) #21:
(REVISED) Directs the Secretary of Defense to submit to Congress a series of regular reports on the threat to American personnel posed by Improvised Explosive Devices (IEDs), as well as action being taken to interdict IEDs and to develop more effective active and passive countermeasures. First report would be due 30 days after enactment, with subsequent reports every 90 days thereafter. Reports would be unclassified, with a classified annex if necessary. (10 minutes)

20. Slaughter (NY) #79:
(REVISED) Requires the Department of Defense to include the number of disciplinary actions as part of the annual report on sexual assault in the military. (10 minutes)

21. Taylor (MS) #34:
(REVISED) Requires the Department of Defense to equip 100% of U.S. military vehicles operated in Iraq and Afghanistan outside of military compounds with IED jammers by the end of FY07. Funding would be authorized from funds contained in title XV (bridge fund). Requires the Department of Defense to submit a report to the Congressional defense committees no later than December 15, 2006 with the plan and cost to achieve this. (10 minutes)

22. Tierney (MA)/Holt (NJ) #59:
Restructures the missile defense program to be consistent with a Congressional Budget Office (CBO) alternative proposal. Prohibits the deployment of: 1) Ground-Based Midcourse Defense beyond the authorized systems; and 2) any space-based interceptors; and reduces the Missile Defense Agency’s (MDA’s) $9.3 billion budget by $4.747 billion so as to still enable the MDA to focus on research and development as well as testing and upgrades to current systems. (10 minutes)

23. Weldon (PA) #60:
Expresses the sense of the 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)

TEXT OF THE AMENDMENTS

1.)Baca (CA) #89

2.)Castle (DE) #10

3.)Chabot (OH) #9

4.)Davis, Tom (VA) #52

5.)Davis, Tom (VA) #55

6.)Dent (PA) #64

7.)Gohmert (TX) #11

8.)Goode (VA) #68

9.)Hooley (OR)/DeFazio (OR)/Wu (OR)/Blumenauer (OR) #78

10.)Hostettler (IN) #41

11.)Jindal (LA) #97

12.)Lewis (KY) #26

13.)McDermott (WA)/Shays (CT) #87

14.)Mica (FL) #7

15.)Millender-McDonald (CA) #25

16.)Rohrabacher (CA) #19

17.)Ryan (OH) #33

18.)Schakowsky (IL) #8

19.)Schiff (CA) #21

20.) Slaughter (NY) #79

21.)Taylor (MS) #34

22.)Tierney (MA)/Holt (NJ) #59

23.)Weldon (PA) #60