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

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Wednesday, May 21, 2003.
FLOOR ACTION:ADOPTED BY RECORD VOTE OF 222-199, AFTER AGREEING ON THE PREVIOUS BY A RECORD VOTE OF 224-198 on Thursday, May 22, 2003.
MANAGERS: MYRICK/FROST
108th Congress
1st Session

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

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 2 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 3 of the 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.

5. Provides that each amendment printed in the report shall be debatable for 10 minutes (unless otherwise 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).

6. Waives all points of order against amendments printed in the report and those amendments en bloc as described in Section 2 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 report, or germane modifications thereto, which shall be considered as read (except that modifications shall be reported), shall be debatable for 20 minutes equally divided and controlled between 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.

8. Provides that, for the purposes of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken and 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 one hour 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. 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. 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 2. 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 3), 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 for 10 minutes (unless otherwise 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). All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 2 are waived.

Sec. 2. 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 not earlier disposed of or germane modifications of any such amendment. Amendments en bloc offered pursuant to this section shall be considered as read (except that modifications shall be reported), 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. For the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken. 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. 3. 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. 4. 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.


SUMMARY OF THE AMENDMENTS MADE IN ORDER UNDER THE RULE

1. Kline: Grants the Secretary of Education specific wavier authority within Title IV of the Higher Education Act to provide relief to those affected by the recent military mobilization and any unforeseen issues that may arise. Waivers granted by the Secretary may allow for reservists leaving their job may be relieved from student loan payments for a time, borrowers may be relieved from receiving collection calls from lenders, and consecutive service requirements for loan forgiveness programs may be considered uninterrupted. Provides the Secretary with the authority to implement waivers deemed necessary and not yet contemplated. Expires on September 30, 2005. Requires the Secretary of Education to report to Congress on the impact of the waivers implemented as a result of this amendment

2. Brown (SC): Expands the Department of Defense Excess Personal Property Disposal Program to include health agencies in addition to law enforcement and firefighting agencies. The transfer could only take place if the property was excess to the needs of the Defense Department and suitable for use in providing fire and emergency medical services or in responding to health or environmental emergencies.

3. Ackerman: Encourages the Department of Defense and the Navy to engage with the government of Israel and the Israel Defense Forces to establish appropriate and effective arrangements to ensure the safety of U.S. Navy vessels and personnel, and subsequently, to resume regular port visits to Haifa, Israel, by the U.S. Sixth Fleet.

4. Davis, Tom: Establishes the President?s new Human Capital Performance Fund, to be administered by OPM, to enable agencies to reward their highest performing and most valuable employees. Limits human capital performance payment to an individual employee to 10% of the employee?s basic pay rate. Authorizes $500 million for FY 04 and such sums as necessary in subsequent years.

5. Hefley/Gallegly: Establishes a 2-year pilot program to improve the use of Air Force Reserve and Air National Guard Modular Airborne Fire-Fighting Systems to fight wildfires by waiving the Economy Act of 1934, which requires federal firefighters to exhaust all private and commercial sources of materiel before they can access military equipment or personnel for use in fighting forest wildfires, for 2 years.

6. Dreier/Lofgren: Specifies that 120 days after enactment of the underlying act, MTOPS regulations are repealed. Specifies that during that 120 day period, and before implementing any new regulations relating to an export administration system for high-performance computers, the President shall consult with the relevant Congressional committees. (20 Minutes)

7. Lantos: Strikes the repeal of a reporting requirement contained in section 656 of the Foreign Assistance Act of 1961. The section 656 report, filed jointly by the Secretaries of State and Defense, provides information regarding U.S. foreign military training programs abroad. This provision is within the jurisdiction of the Committee on International Relations was addressed in the recently reported Foreign Relations Authorization Act, Fiscal Years 2004 and 2005 and was addressed in the Foreign Relations Authorization Act, Fiscal Year 2003.

8. Jackson-Lee: Directs the Secretary of Defense to commission a study on the use of small businesses, minority-owned businesses, and women-owned businesses in the efforts to rebuild Iraq.

9. Hastings (FL): Strikes the repeal of certain Department of Defense reporting requirements in Title 10, U.S.C., on the President?s objectives when armed forces are deployed, on costs of military operations, and on the management of the civilian workforce.

10. Woolsey/Leach/Platts: Expresses the sense of Congress that the Secretary of Defense should maintain the functions and missions of the Army Peacekeeping Institute at the Army War College or within a joint entity of the Department of Defense to ensure that members of the Armed Forces continue to study the strategic challenges and uses of peacekeeping missions and to prepare the Armed Forces.

11. Weldon (PA): Declares it to be U.S. policy to seek to cooperate with Russia and the independent states of the former Soviet Union in order to effect as quickly as is reasonably practical basic security measures at all their nuclear weapons and materials storage facilities. Requires the National Academy of Sciences will carry out an analysis of the effect on threat reduction and non-proliferation programs of applicable congressional oversight. Requires a report from the Secretary of Energy on the use of funds appropriated for threat reduction and non-proliferation programs in Russia and the former Soviet Union. Requires the President to prepare and submit a plan to secure and destroy all chemical and biological weapons, and the chemical and biological materials designed for use in such weapons that are located in Russia and the former Soviet Union. Declares it to be U.S. policy to seek to work with Russia to create comprehensive inventories of weapons-grade materials and assembled warheads, with particular attention paid to tactical or ?non-strategic? warheads and weapons that are no longer operationally deployed. Establishes a Duma-Congress nuclear threat reduction working group to explore ways to enhance cooperation in terms of nuclear non-proliferation and security. The Membership will include 10 Senators and 30 Representatives. Declares it to be U.S. policy for the U.S. to work with NATO to enter into appropriate cooperative relationships with Russia in development and deployment of theater-level ballistic missile defenses. Declares it to be U.S. policy to encourage joint efforts by the U.S. and Russia to reduce the chances of a Russian nuclear attack anywhere in the world as a result of misinformation or miscalculation by further development of the Russia-American Observation Satellite (RAMOS) program. Creates a cooperative venture known as the Teller-Kurchatov Alliance for Peace to develop and promote peaceful, safe and environmentally sensitive uses of nuclear strategy. Creates the Teller-Kurchatov 2 year non-proliferation fellowship for scientists employed at the Kurchatov Institute and Lawrence Livermore National Laboratory. States that the U.S. should seek to initiate discussions between the International Atomic Energy Agency and the Organization for Economic Cooperation and Development for the purpose of exploring issues of nuclear and radiological security and safety. (Late)

12. Rogers, Mike (MI): Requires the Department of Defense to assist, to the maximum extent practicable, provide all necessary support in an expeditious manner to assist Iraqi children who were injured during Operation Iraqi Freedom. Assistance may only be provided if adequate treatment from other sources in Iraq or neighboring countries is not available and only after completion of an evaluation by a physician or other appropriate medical personnel of the U.S. Armed Forces.

13. Upton: Authorizes the Secretary of Defense to pay imminent danger pay to military service members responding to terrorist attacks on the United States when there is an immediate threat of physical harm or imminent danger as a direct result or residual effects of the attack or potential secondary attacks.

14. Vitter: Under the Maritime Security Program, allows existing vessels to be documented under United States flag provided that the telecommunications and other electronic equipment of such vessels meets internationally accepted standards. Currently, the Federal Communications Commission (FCC) requires that all such equipment be type-approved by the FCC, a regulation that does not apply to foreign flag vessels in U.S. waters. This amendment would remove that requirement.

15. Hunter: Provides an additional $100.0 million for the Secretary of the Army to field increased lethality and sustainment capabilities to the fourth Stryker brigade. Provides $3.0 million for evaluation of commercially available medical diagnostic technology for potential use in DOD medical treatment facilities. Provides $4.0 million for development of lightweight cartridge cases for ammunition. Provides $6.5 million to improve the effectiveness and reduce the cost of Navy carrier launch and recovery operations. Provides $1.4 million to improve the accuracy and reduce the workload of preventive maintenance operations on Navy aircraft carrier launch and recovery operations. Provides $5.0 million for development and demonstration of the SPIKE lightweight, low cost missile system for use in urban combat operations. Provides $3.3 million for hydrographic sciences research. Provides $5.0 mil for an at sea demonstration of a variant of the F 22 electronic warfare product improvement program. Provides $4.0 million for development of general-purpose reconfigurable signal processors suitable for time critical sensor processing for broad military intelligence, surveillance, and reconnaissance applications. Provides $2.0 million for evaluation new technology for detection and cueing of specific elements or compounds would indicate the presence of a nuclear, biological, chemical, radiological agent. Provides $5 million for continuing applied research on an antidote for mustard gas. Provides $1.1 million development of technology for accurately tracing portable, sensitive items that might be exported outside the United States. Reduction of $135.5 million from Air Force operation and maintenance funds to offset expenditures in sections 112, 203, and 304 above. Provides a clarification of the Hatch Act. Marine Mammal Act?a technical amendment to limit new standard for permitting authority under MMPA to "military readiness activity.? Provides for amendments to certain government wide procurement authorities for defense against terror to clarify them and make them permanent. Provides authority for Secretary of the Army to convey land at Fort Belvoir, Virginia.

16. Simmons: Requires a report from the Secretary of Defense on the granting (or renewal) of security clearances for Department of Defense personnel and defense contractor personnel. The assessment shall review the effects of the disqualification factors and shall include such recommendations for legislation or administrative steps as the Secretary considers necessary.

17. Tierney: Expands the scope of the Assessment of United States Defense Industrial Base Capabilities to include the business rationale for transferring the contracted work overseas, and the percentage of the total contract award that is to be performed outside the country. Requires the Secretary to make recommendations as to how the U.S. Defense Industrial Base Capabilities can be strengthened.

18. Nadler: Requires the Secretary of Defense to submit a study to Congress examining the costs and benefits of purchasing all the ex-Soviet weapons-grade uranium and plutonium in fiscal year 2005, and safeguarding it from smuggling or theft until can be rendered unusable for weapons.

19. Porter: Requires the Secretary of Defense to conduct a study and review of the effects of perchlorate in drinking water on human beings.

20. LoBiondo: Requires the Department of Defense to report to Congress on Military Construction requirements, both inside and outside of the Five Year Defense Plan, necessary to support homeland defense missions of the U.S. military.

21. Kaptur: Requires the Secretary of Defense to collect data in order to identify all contractors and subcontractors that use machine tools in carrying out any defense contract $5,000,000 or greater. Requires the Secretary of Defense to establish a center to provide technical assistance to machine tool companies in the United States, and entities that use machine tools, to seek guidance with respect to government contracting regulations, including compliance procedures, and opportunities for contracting with the Department of Defense.

22. Kaptur: Specifies that when, under Section 2 of the Buy American Act, whether application of that Act is inconsistent with the public interest, the Secretary of Defense shall not consider the provisions of any trade agreement between the United States and a foreign country that is in effect at the time of the determination.

23. Turner (OH)/Ryan (OH): Directs the Secretary of Defense to assist the United States Air and Trade Show, Incorporated to study with that organization the feasibility of establishing a United States international air and trade show. Authorizes the Secretary to spend up to $1 million in matching funds to conduct and implement recommendations derived from the feasibility study.

24. Kingston: Specifies that if a military installation to be closed includes a road used for public access that the required consultation includes a discussion of measures to ensure the continued availability of the road for public use after the installation is closed or placed in an inactive status.

25. Hobson: Requires that Department of Defense purchases subject to the Buy American Act be at least 65 percent domestic content, instead of the current 50 percent.

26. Hoeffel: Expresses the sense of Congress that the Secretary of the Army should demolish the Tacony Warehouse in accordance with the fiscal year 2001 Department of Defense Appropriations Act.

27. Hostettler: Clarifies that the domestic source limitation in Section 821 of H.R. 1588 would only apply to a specific type of packaging, specifically pre-formed retort packaging.

28. Farr: Makes permanent a demonstration project in Monterey, California that allows Department of Defense installations to contract with the City of Monterey for the provision of municipal services.

29. Dicks: Authorizes the Secretary of the Navy to convey land on the eastern end of Puget Sound Naval Shipyard to the city of Bremerton, WA.

30. Crenshaw: Transfers certain vessels from the Maritime Administration to the Beauchamp Tower Corporation (a not-for-profit corporation) for use as moored support ships and as memorials to the Fulton and Victory-class ships. The Beauchamp Tower Corporation would then use the ships in their National Emergency Urban Interface Program, which uses unique facilities to provide free training for both private industry and local/state/federal government emergency responders.


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

1. Kline

2. Brown (SC)

3. Ackerman

4. Davis, Tom

5. Hefley/Gallegly

6. Dreier/Lofgren

7. Lantos

8. Jackson-Lee

9. Hastings (FL)

10. Woolsey/Leach/Platts

11. Weldon (PA)

12. Rogers, Mike (MI)

13. Upton

14. Vitter

15. Hunter

16. Simmons

17. Tierney

18. Nadler

19. Porter

20. LoBiondo

21. Kaptur

22. Kaptur

23. Turner (OH)/Ryan (OH)

24. Kingston

25. Hobson

26. Hoeffel

27. Hostettler

28. Farr

29. Dicks