H.Res. 732: H.R. 4909 – National Defense Authorization Act for Fiscal Year 2017

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, May 16, 2016.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 234-181 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 239-177 on Tuesday, May 17, 2016.

MANAGERS: Polis/Byrne

114th Congress

2nd Session

Rule

H.RES. 732

Report No. 114-569

 

H.R. 4909 - National Defense Authorization Act for Fiscal Year 2017

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services.
  3. Waives all points of order against consideration of the bill.
  4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-51, modified by the amendment printed in part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
  5. Waives all points of order against provisions in the bill, as amended.
  6. Makes in order only those further amendments printed in part B of the Rules Committee report and amendments en bloc described in section 3 of the rule. Provides that the amendments printed in part B of the report may be offered only in the order printed in the report, 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, and shall not be subject to a demand for division of the question.
  7. Waives all points of order against the amendments printed in part B of the report or against amendments en bloc as described in section 3 of the rule.
  8. Section 3 of the rule provides that it shall be in order at any time for the chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in part B of the report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair 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.
  9. Provides that no further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

 

RESOLUTION

Resolved, That at any time after 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. 4909) to authorize appropriations for fiscal year 2017 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, 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 shall not exceed one hour equally divided and controlled by the chair 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. In lieu of the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-51, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived.

Sec. 2. (a) No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution.

(b) Each further amendment printed in part B of the report of the Committee on Rules shall be considered only in the order printed in the report, 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, 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 the further amendments printed in part B of 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 chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in part B of 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 chair 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.

Sec. 4. At the conclusion of consideration of the bill for amendment pursuant to this resolution, the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

 

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED

 

Sessions (TX)

2

Revised Strikes Sec. 528, which requires selective service registration and conscription requirements for female residents of the United States between the ages of 18 and 26 and requires a study of the Selective Service.

10 minutes

SUMMARY OF AMENDMENT IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

 

Sponsor(s)

#

Description

Debate Time

1

Thornberry (TX)

376

LATE Clarifies that the special transfer authority in section 1702 is subject to appropriation Acts.

10 minutes

2

Westerman (AR)

204

Provides an additional $82.4 million for the Surface-To-Air missile MSE program that mitigates critical shortfall in Army War Reserve requirements. Takes $82.4 million from Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation, Material management and minimization account.

10 minutes

3

Garamendi (CA)

152

Reduces the authorization for the Ground Based Strategic Deterrent program by $17.93 million, the amount identified by the Government Accountability Office as in excess of program need for Fiscal Year 2016. This amendment increases the authorization for Air Force procurement of Large Aircraft Infrared Countermeasures by $17.93 million to address an unfunded requirement identified by the Air Force.

10 minutes

4

McKinley (WV), Napolitano (CA)

25

Increases the National Guard Youth Challenge Program under Civil Military Programs by $15 million and decreases by the same amount Operations and Maintenance, Defense-wide.

10 minutes

5

Guthrie (KY)

212

Authorizes the Secretary of the Army to continue to provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky.

10 minutes

6

Gallego (AZ)

316

Requires each branch of the Armed Services to monitor prescribing of medications to treat PTSD among Service Members.

10 minutes

7

Graves (MO), Takai (HI)

215

Revised Requires the DOD to report to the Armed Services Committee on the agency's use of two-phase procurement process. 

10 minutes

8

Jackson Lee (TX)

352

Late Requires outreach for small business concerns owned and controlled by women and minorities required before conversation of certain functions to contractor performance

10 minutes

9

Jackson Lee (TX)

349

Late Requires the Government Accountability Office to include in its annual report to congress a list of the most common grounds for sustaining protests related to bids for contracts.

10 minutes

10

McKinley (WV), Delaney (MD), Cook (CA), Garamendi (CA), Harris (MD), King, Peter (NY)

77

Requires the Secretary of Defense to ensure that every tactical missile program of the Department of Defense that uses solid propellant as the primary propulsion system shall have at least two fully certified rocket motor suppliers in the event that one of the rocket motor suppliers is outside the national technology and industrial base.

10 minutes

11

Thornberry (TX)

89

Amends Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) to address the National Security Council’s enlarged staff size and subsequent micromanagement of military operations, which is inconsistent with its statutory advisory and coordination roles. The amendment would also increase oversight and accountability by requiring Senate confirmation of the National Security Advisor if the staff size of the National Security Council exceeds 100 employees.

10 minutes

12

Nadler (NY)

62

Removes funding prohibitions on the closure of the prison at Guantanamo Bay, Cuba.

10 minutes

13

Walorski (IN)

1

Revised Amends the Freedom of Information Act to include the National Security Council (NSC) and makes the FOIA requirement effective after Senate confirmation of National Security Advisor.

10 minutes

14

Poe (TX)

124

Directs the Secretary of Defense to give preference to State and Federal agencies who conduct border security functions for distribution of surveillance unmanned aerial vehicles including the MQ-9 Reaper, the Aerostat radar system; night-vision goggles; and Humvees as part of the DOD's Excess Property Program (1033 program).

10 minutes

15

Hunter (CA)

164

Revised Expands the use of the Transportation Worker Identification Credential (TWIC) regarding access at DoD installations.

10 minutes

16

Kelly (PA)

73

Prohibits funds from being used to destroy anti-personnel landmine munitions unless the Secretary of Defense submits a report on research into operational alternatives to these munitions.

10 minutes

17

Royce (CA)

202

Prohibits any action to impair U.S. jurisdiction and control over Naval Station Guantanamo Bay unless authorized or provided by subsequent statute or treaty, based on unique legal history of that U.S. base.

10 minutes

18

Walorski (IN)

26

Requires the United States Government and the government of a foreign country to enter into a written memorandum of understanding regarding the transfer of an individual from Guantanamo Bay and transmitted to the Congress.

10 minutes

19

Calvert (CA)

161

Requires a report on the Department of Defense civilian work force and contractors.

10 minutes

20

Moore, Gwen (WI)

11

Revised Expresses the sense of Congress regarding the intentional targeting of and attacks against medical facilities and medical providers in Syria.

10 minutes

21

Forbes (VA)

256

Revised Requires that the Secretary of Defense submit a report at the end of each fiscal year listing each request received from Taiwan and each letter of offer to sell any defense articles or services under the Arms Export Control Act to Taiwan during such fiscal year.

10 minutes

22

Turner (OH)

61

Revised Expresses a Sense of Congress that the United States should take certain actions relevant to maintaining NATO’s solidarity, strength, and deterrent capability in addition to promoting NATO enlargement at the July 2016 NATO Summit in Warsaw, Poland.

10 minutes

23

Graves (MO)

162

Reins in SBA's authority to fund initiatives outside its current authorized authority.

10 minutes

24

Hanna (NY), Kilmer (WA)

182

Directs Small Business Development Centers to provide, to the extent practicable, cyber assistance to small businesses. Requires the Small Business Administration and the Department of Homeland Security to develop a joint “SBDC Cyber Strategy” to provide necessary guidance to Small Business Development Centers regarding how they can improve the coordination and provision of federal cyber assistance to small businesses.

10 minutes

25

Larsen, Rick (WA)

170

Amends waiver on prohibition of use of atomic energy defense funding for work with Russia to allow the Secretary of Energy to issue waiver if activity will significantly reduce the nuclear threat, regardless of backlog at DOE defense nuclear facilities.

10 minutes

26

Rogers, Mike (AL)

193

Revised Fences 50% of the funds for the Office of the Secretary of Energy until he provides a specific report to the specified congressional committees.

10 minutes

27

Adams (NC)

3

Revised Provides for online entrepreneurial counseling services through the Service Corps of Retired Executives (SCORE) program and requires SCORE to submit a study and report on the future of the program through a strategic plan that covers the course of the next 5 years.

10 minutes

28

Collins, Chris (NY), Higgins (NY)

148

Requires the Secretary of the Army to consider using cost-competitive technologies that minimize waste generation and air emissions as alternatives to current disposal methods when reducing munitions in the stock-pile of conventional ammunition or B5A Account.

10 minutes

29

Russell (OK)

88

Revised Expresses the Sense of Congress that the Dept. of Defense should reassess their guidelines on how they evaluate motor carrier safety performance. The GAO found that DOD lowered standards to Dept. of Transportation standards, even for the transport of hazardous materials.

10 minutes

30

Costa (CA)

86

Directs the Secretary to report to the Committees of jurisdiction regarding the efficacy of prioritizing training exercises for National Guard IRT teams with well drilling capability in locations in disadvantaged communities with drinking water supplies that have been impacted as a result of drought.

10 minutes

31

McKinley (WV)

4

Requires the Secretary of Defense to establish an electronic tour calculator so that reservists could keep track of aggregated active duty tours of 90 days or more served within a fiscal year.

10 minutes

32

Meng (NY), McSally (AZ)

157

Requires GAO report on admissions practices and gender composition of military service academies.

10 minutes

33

Palmer (AL)

84

Allows for the award of a Distinguished Service Cross to 1st LT Melvin M. Spruiell for his acts of valor during WWII as a member of the Army serving in France with the 377th Parachute Field Artillery, 101st Airborne Division.

10 minutes

34

Sewell (AL)

34

Allows cyber institutes to place a special emphasis on entering into a partnership with a local educational agency located in a rural, under served,or underrepresented community.

10 minutes

35

Takano (CA)

70

Includes in the report to Congress on the direct employment pilot program for members of the National Guard and Reserve (Sec. 566) a comparison of the pilot program to other DOD and VA unemployment and underemployment programs.

10 minutes

36

Grayson (FL)

111

Requires the inclusion of information concerning the availability of treatment options and resources available to address substance abuse (including alcohol, prescription drug, and opioid abuse), as part of the required servicemember preseparation counseling.

10 minutes

37

Bost (IL)

138

Makes a technical change to impact aid program.

10 minutes

38

DelBene (WA)

139

Eliminates the 2-year eligibility limitation for noncompetitive appointment of military spouses to civil service positions when a member of the Armed Forces is relocated in connection with their service.

10 minutes

39

Bera (CA)

27

Requires the Secretary of Defense, in consultation with the Secretaries of the VA, Education, and Labor, to submit a report to Congress detailing the transfer of skills into college credit or technical certifications for members of the Armed Forces leaving the military.

10 minutes

40

McGovern (MA), Pompeo (KS)

80

Requires the Secretary of Defense to design and produce a military service medal to honor retired and former members of the Armed Forces who are radiation-exposed veterans (Atomic Veterans).

10 minutes

41

Grayson (FL)

120

Requires the Secretary of Defense to consider “comparable quality of service” as criteria used to determine partnership agreements between facilities of the uniformed services and local or regional health care systems.

10 minutes

42

Carter, John (TX)

78

Revised Places specific reporting requirements on the Defense Department when prescribing and distributing Mefloquine to members of the Armed Forces, and requires the Secretary of Defense to conduct an annual review for each Mefloquine prescription. Expands the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury’s mission to include the study of the adverse health effects of Mefloquine.

10 minutes

43

Wilson, Joe (SC)

76

Modifies Section 825(f) of the FY17 NDAA to sunset the required report after five years.

10 minutes

44

Wilson, Joe (SC)

66

Modifies the effective date for section 901(a)(1) of the National Defense Authorization Act for Fiscal Year 2015 by extending it one year to February, 1, 2018.

10 minutes

45

Beyer (VA), Wittman (VA), Connolly (VA), Lamborn (CO), Comstock (VA), Ruppersberger (MD)

20

Revised Ensures that DOD is using LPTA in an effective and appropriate manner as a source selection process. States that it should be DOD policy to avoid LPTA use in circumstances that potentially deny the Department the benefits of cost and technical tradeoffs in the source selection process.

10 minutes

46

Burgess (TX), Schakowsky (IL), DeFazio (OR), Welch (VT)

16

Requires a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law.

10 minutes

47

Turner (OH)

159

Revised Requires the Secretary of the Air Force to provide a briefing to the House Armed Services Committee on the process used to include proximity to certain commercial airports as part of its Strategic Basing Process.

10 minutes

48

Zeldin (NY)

143

Requires the United States Navy to specifically assess synthetic aperture sonar systems and subsequently report on whether they are a suitable for incorporation on the Littoral Combat Ship (LCS).

10 minutes

49

Frankel (FL)

64

Expresses Congress's appreciation to American veterans disabled for life and supports the annual recognition of these individuals each year.

10 minutes

50

Beyer (VA)

50

Pairs the FAA and the DOD to study possible changes to these routes and altitude caps to minimize the impact from these overflight operations.

10 minutes

51

Trott (MI)

127

States that the President shall instruct the U.S. Ambassador to the United Nations to use the voice and vote of the United States to seek the establishment of a United Nations processing center in Erbil, Iraq to assist internationally displaced communities.

10 minutes

52

Vela (TX)

107

Requires the Department of Defense to submit a report to Congress on the impact of cartel violence in Mexico on U.S. national security.

10 minutes

53

Thornberry (TX)

19

Revised Requires the Secretaries of Defense and State to submit to the appropriate committees of Congress a report containing a description of the steps the United States has taken, plans to take, and will take to provide Taiwan with arms of a defensive character in accordance with the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et 14 seq.).

10 minutes

54

Nolan (MN)

145

Prohibits funding from the Syria Train and Equip program to recipients that the Secretary of Defense has reported as having misused provided training and equipment.

10 minutes

55

Aguilar (CA)

129

Creates a pilot program to improve the ability of the Army and Air Force, respectively, to recruit cyber professionals.

10 minutes

56

Dold (IL)

10

Extends the authorization of a 2014 project for barracks at Great Lakes, IL.

10 minutes

57

Chu (CA)

103

Ensures that the Small Business Administration considers the population density of the area to be serviced by women’s business centers when reviewing and selecting eligible entities for WBC grants.

10 minutes

58

Perlmutter (CO)

65

Allows deed restrictions on former U.S. Army land at Rocky Mountain Arsenal to be modified or removed should an environmental risk assessment determine the property is protective for residential or industrial uses.

10 minutes

59

Pompeo (KS)

122

Revised Requires the Director of National Intelligence to complete a declassification review of intelligence reports related to the past terrorist activities of individuals who were transferred or released from GTMO, and make available to the public any information declassified as a result of the declassification review.

10 minutes

60

Zinke (MT), Rogers, Mike (AL), Lummis (WY), DeLauro (CT)

362

Late Ensures the security of our land-based nuclear forces and ensures an acquisition strategy that will field a UH-1N replacement aircraft in fiscal year 2018.

10 minutes

61

McSally (AZ)

372

Late Places a prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender, such as guarding high-value detainees at Guantanamo Bay.

10 minutes