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Summary of Amendments Submitted to the Rules Committee on
H.R. 4546, The National Defense Authorization Act for FY 2003

(in alphabetical order)

Posted: Tuesday, May 7, 2002 (9:30 p.m.)
Revised: Wednesday, May 8, 2002 (6:00 p.m.)

Allen #32
Prohibits the development and deployment of nuclear-tipped ballistic missile interceptors, defined as a system that uses a nuclear detonation to destroy an incoming missile or reentry vehicle.

Bereuter/Langevin #1
Authorizes the National Guard to use its appropriated funds to cover the costs of conducting and participating in athletic events relevant to military duties or military physical fitness requirements (i.e. marathons and small arms competitions) and authorizes the use of funds appropriated to cover the costs incurred by the National Guard members as they train for and participate in those athletic events.

Blumenauer #53
Transfers $20 million from R&D for the Crusader mobile howitzer to R&D for unexploded ordnance (UXO) detection and clearance to enable fielding of technologies to reduce the $15 billion projected cost and make more reliable and safe the cleanup of UXO.

Blumenauer #54
Transfers $120 million from R&D for the Crusader mobile howitzer to R&D for unexploded ordnance (UXO) detection and clearance, and to environmental restoration and formerly used Defense sites accounts for UXO cleanup.

Brown (SC) #25
Directs the Department of Defense to consult with the Department of Veterans Affairs before the construction of any military medical treatment facility to consider the feasibility of constructing a joint DoD-VA facility.

Chambliss #71
Grants the President the authority, notwithstanding this or any other Act, to deploy U.S. military personnel to a foreign country in such numbers as he considers appropriate for purposes of assisting the government of that country in its efforts to combat terrorism, if he certifies to Congress that such a deployment is important to the national interest of the U.S. LATE

Culberson #72
Codifies the Department of Defense directive that DNA samples contained in the Armed Forces Repository of Specimen Samples for the Identification of Remains can be used for law enforcement purposes with a court order to investigate or prosecute a felony, or sexual offense. LATE

Davis, Jo Ann #19
Commends the crews of the aircraft carriers who participated in Operation Enduring Freedom and the homeland defense mission and expresses the sense of the Congress that the carrier force level, as outlined in the Quadrennial Defense Review should not fall below twelve active carriers.

DeFazio #9
Prohibits the awarding of contracts for low-rate initial production until the Pentagon can certify that the testing program has been rigorous enough to determine operational effectiveness, and until the Comanche meets key performance parameters.

DeFazio/Frank #10
Prohibits funding for the Crusader program until the Secretary of Defense submits a report to Congress certifying his continued support for the program. The report is also required to explain how the Army is addressing various technical concerns with the program, as well as analyzing alternatives to the Crusader.

DeFazio/Stark #11
Cuts $475.2 million from the Army's research, development, test, and evaluation account that was included for the Crusader artillery system, a program the Secretary of Defense has targeted for cancellation.

DeFazio #12
Reduces funding for Air Force procurement of low-rate initial production F-22s from the 23 provided for in the bill to 13.

DeFazio #13
Requires a reassessment of the cost of the F-22 with a report to Congress, and requires the Air Force to monitor the key manufacturing processes of contractors.

DeFazio/Paul #18
Expresses the sense of Congress that any deployment of U.S. Armed Forces into hostilities must be made in accordance with the war powers reserved for Congress under the Constitution.

Edwards #33
Restores $30 million to a nonproliferation program designed to provide an alternative to Russian reactors that generate weapons-grade nuclear materials, offsetting this increase with a decrease in BMD funds.

Farr #55
Establishes a National Foreign Language Skills Registry of qualified linguists who would volunteer their foreign language skills, translation and interpretation to the DoD and other agencies in times of national emergency.

Frost #79
Allows for the Immigration and Naturalization Service to conduct citizenship interviews and oath ceremonies for military personnel at U.S. embassies, consulates, and overseas military installations; provides financial relief for the immigration fees for permanent resident soldiers at those locations. Changes the required amount of military service for qualification to apply for citizenship from three years to two years to enhance recruiting, retention, morale, and readiness. Exempts non-citizen military personnel from paying all fees relating to naturalization. Grants automatic citizenship to permanent resident troops who qualify for a security clearance. LATE

Goode #81
Authorizes the Secretary of Defense to assign members of the Armed Forces to assist the INS or the U.S. Customs Service at the request of the Attorney General or the Secretary of the Treasury. LATE

Hastings (FL) #7
Increases the military health care system by $2.5 million to use for programs, projects and activities for retirees and their dependents to be offset by reducing Section 301, Support for International Sporting Competitions, by $2.4 million and decreasing Section 105, Inspector General of the Department of Defense, by $100,000.

Hefley #65
Contains six sections relating to the competition between the public and private sector. The amendment endorses the use of best value contracting, offers the public sector opportunity to avoid competition when the public sector can demonstrate it is running efficiently and effectively, and requires the DoD to collect data on contractor manpower.

Hefley #66
Clarifies that the Navy's base contract for information technology services may be extended to seven years, but allow for the contract to have a longer duration if options are exercised.

Hefley #67
Authorizes government organizations that have competed for work through the Office of Management and Budget Circular A-76 to appeal decisions to the Comptroller General.

Hinchey/Pallone/Sanchez #4
Strikes Title XIV concerning the management of public lands administered by the Departments of Interior and Agriculture underlying the airspace of the Utah Test and Training Range.

Hoeffel #14
Requires that regulations relating to the conduct of military tribunals be submitted to Congress for review and requires the President to submit periodic reports to Congress on the activities of ongoing military tribunals.

Holt #80
Strikes the recommended increase of $7.5 million for the kinetic energy anti-satellite system. LATE

Hooley #34
Amends the list of authorized types of seafood for purchase in the Combat Feeding Program to include Pacific pink shrimp.

Hunter #37
Clarifies the application of the conformity provisions of the Clean Air Act to make them more cooperative and not prohibitory when an activity is undertaken. The section maintains the Department of Defense's obligation to conform its military readiness activities to applicable State Implementation Plans, but will give the Department three years to demonstrate conformity.

Hunter #43
Defines the circumstances in which explosives, unexploded ordnance, munitions, munitions fragments, or constituents thereof are included in the definition of "solid waste" under the Solid Waste Disposal Act, and excludes explosives, munitions, munitions fragments, or constituents thereof from the definition of "solid waste" under the Act when such items are deposited on an operational military range incidental to normal use.

Hunter #44
Provides that the presence of explosives, unexploded ordnance, munitions, munitions fragments, or constituents thereof off an operational range, or the migration off an operational range of such items, constitutes a "release" under the Comprehensive Environmental Restoration, Compensation, and Liability Act and excludes from the definition of "release" under the Act the presence of explosives, unexploded ordnance, munitions, munitions fragments, or constituents thereof that have been deposited incidental to normal use on a military range.

Hunter #45
Expresses the Sense of Congress that the U.S. should construct defense against all forms of external threat, particularly chemical, biological, and nuclear weapons and should design such systems to defeat these forms of threat.

Hunter #46
Transfers funds within the Missile Defense Agency to increase funds for PAC-3 missile procurement and the Arrow program.

Hunter #47
Adds funding to accelerate the lethal shootdown demonstration under the Airborne Laser program by reducing the DARPA account.

Issa #56
REVISED. Allows the Secretary of Defense to exchange property at Marine Corps Air Station (MCAS) El Toro, which was closed in 1996, for base housing construction at Camp Pendleton, MCAS Miramar, and the Marine Corps Recruit Depot, located in Southern California.

Jackson-Lee #82
Increases funding for military personnel accounts by $7.784 billion, by reducing funding for ballistic missile defense programs. LATE

Jones (NC) #23
WITHDRAWN.

Jones (NC) #24
Creates a pilot program allowing 12 months for participating public sector functions to organize and enter into a binding agreement up to 5 years with the DoD. If the organization can achieve 15% savings over that 5-year period the organization will be immune from any A-76/public private competitions for that 5-year period. The second provision would direct the Secretary of Defense to make available to any public organization undergoing an efficiency review expert advice as to how to re-organize. The third provision would amend the current A-76 process to allow public organizations to go to GAO for appeal and include costs of dismantling government organization the cost of conducting study as a cost in contract administration.

Jones/Gonzalez #50
REVISED. Seeks to extend review by the Comptroller General to employees adversely affected by public-private competitions conducted by the DoD.

Jones/Gonzalez #51
WITHDRAWN.

Kolbe #61
Prohibits the DoD from being held responsible for civilian water consumption that is outside the boundaries of a military installation and beyond the direct authority and control of the Secretary of Defense for purposes of the Endangered Species Act.

Kucinich/Paul #63
Prevents 1% of the budget of any component of the DoD from being obligated if that component has not passed the test of an independent audit.

Kucinich #64
Mandates the termination of fixed-based ballistic missile defense programs once the total amount expended on such programs by the U.S. since April 1, 1997, has exceed $50 billion.

Kucinich #70
Enhances the Nunn-McCurdy cost growth protections in the U.S. code. Mandates automatic termination of a program if it experiences at least 15% cost growth in three successive years, or 25% cost growth three times in any period. In the event of a congressional declaration of war, and if the Secretary of Defense certified that the program in question is critical to military operations pursuant to such a declaration, the President could waive the automatic termination provision. LATE

Langevin/Hostettler #60
Prohibits the military from requiring or strongly encouraging military servicewomen to wear the abaya, which is a black garment that covers the entire body, because the government of Saudi Arabia does not require non-Muslim women to wear them.

Manzullo #2
Holds harmless the funding level for all Procurement Technical Assistance Centers (PTACs) in case the appropriations later this year do not match the authorized level.

Markey #6
Permanently prohibits the use of funds to develop, test or engineer a nuclear earth penetrator weapon and prohibits FY 2003 funds for a feasibility study of a nuclear earth penetrator weapon.

McKinney #49
Strikes funds authorized for the purpose of research and development of the Crusader artillery program.

Millender-McDonald #83
Requires the secretary of Transportation, in consultation with federal departments and agencies to conduct a threat assessment for all forms of public transportation and facilities that accommodate them. Requires the Secretary to transmit a report on the results of the assessment to the President and Congress. LATE

Ortiz #42
Prohibits the acquisition of T-5 tankers for the Navy unless the acquisition is authorized in a defense authorization act.

Pallone #17
Transfers proceeds from the sale of military family housing assets at Ft. Monmouth, NJ back to the Fort after the sale to build replacement Family Housing Units and to rehabilitate existing family housing on Ft. Monmouth.

Paul/Barr/Cannon/Duncan/Goode/Sessions/Wamp/Weldon(FL)/Hostettler #35
Prohibits funds made available by these authorizations of appropriations from being used to assist, cooperate with, or provide any support to the International Criminal Court.

Platts #58
Authorizes the construction of 27 replacement units of Army military family housing and facilities for the Army War College at Carlisle Barracks, PA, offset by reducing the amount authorized for international sporting competitions.

Platts #59
Authorizes the construction of 27 replacement units of Army military family housing and facilities for the Army War College at Carlisle Barracks, PA, offset by reducing the amount authorized for operation and maintenance for defense-wide activities.

Platts #68
Establishes an executive-level antiterrorism education program for State government officials and senior State and local emergency management personnel at the Center for Strategic Leadership, Army War College, Carlisle Barracks, PA.

Rahall/Dingell/Maloney (CT) #52
Strikes sections 311 and 312, which provide the DoD exemptions from the Migratory Bird Treaty Act and the Endangered Species Act.

Rohrabacher #36
Establishes the Office of Military Citizenship Assistance within the Department of Defense and requires that office to respond within 15 days to requests from the Immigration and Naturalization Service for information about applicants for citizenship who claim membership in the armed forces of the United States and requires the Secretary of Defense to ensure that military installations at home and abroad are available for citizenship interviews by the Immigration and Naturalization Service.

Sanchez #3
Restores equal access to health services at overseas military hospitals to servicemen and women and their dependents stationed overseas, by limiting the restriction of the use of DoD medical facilities to perform abortions to facilities in the U.S.

Saxton #77
Requires that the Secretary of Defense review the effects of single source contracting in the awards process as related to ship combat technology and industrial base. The review will result in a report submitted to Congress no later than March 31,2003. LATE

Schrock #73
REVISED. Authorizes the Secretary of the Navy to carry out not more than three pilot projects under military housing privatization authorities to use the private sector for the acquisition or construction of military unaccompanied housing in the U.S., including any territory or possession of the U.S. The authority would expire September 30, 2007. LATE

Shows #5
Strikes the proposed report by the Comptroller General on the current state of health care delivery under TRICARE included in the bill and replaces it by offering military retirees the opportunity to participate in the same health care program as federal and government employees.

Smith (NJ)/Stump/McHugh/Moran(KS)/Evans #69
Strengthens and expands health care resources sharing between the Departments of Defense and Veterans Affairs by establishing incentives and pilot programs for health care and graduate medical education. The amendment also establishes an interagency committee to plan, facilitate and improve sharing efforts between the two Departments.

Snyder #8
Amends Section 2605 of Title 10 to provide authority to the Secretary of Defense to accept gifts for the National Defense University.

Spratt #28
Requires that the President give Congress 12 months notice prior to the United States resuming underground nuclear tests.

Spratt #29
Restores $10 million requested by the National Nuclear Security Administration for fissile materials disposition in Russia that was cut in the bill.

Spratt #30
Adds funding for two programs needed to meet here-and-now threats and $65 million for PAC-3 and $70 million for the Israeli Arrow system to be offset by cutting three BMD programs.

Spratt #31
Gives the Secretary of Defense the discretion to impose stricter standards of accounting expertise for certain DoD financial positions. These new standards will not apply retroactively to current DoD personnel.

Stump #48
Corrects the description under F-16 modifications regarding targeting pods for the Air Force Reserve Command to clarify that $14.4 million is to be made available for 36 Litening II modernization kits for the F-16 block 25 and block 30 aircraft, rather than to procure 8 Litening AT pods for those aircraft and corrects the bills language on impact aid to reflect the original intent of the provision and make it consistent with other parts of the bill and report.

Tauscher #20
Authorizes $10,000,000 for the National Nuclear Security Administration to carry out a demonstration project in up to three countries outside of the former Soviet Union to improve the level of protection of nuclear facilities in those countries.

Tauscher #21
Requires the Secretary of Energy to report to Congress on options for reaching the level of operationally deployed nuclear warheads at 1,700 to 2,200 outlined in the Nuclear Posture Review, in 2006, 2008, and 2010.

Tauscher/Allen #22
Strikes section 1021 and inserts language in the form of a "sense of the Congress" and adds "unless determined otherwise by a subsequent Nuclear Posture Review and or through negotiated bilateral or multilateral agreements" and "advanced conventional weapons and enhanced intelligence". The amendment also requires a report to Congress on plans to shorten the lead time and enhance our capability to conduct these tests and re-states the importance of the Stockpile Stewardship Program and our continued commitment to the Non-Proliferation Treaty.

Taylor (MS) #15
Strikes subsection (c) and (d) of section 1206 of the bill. Subsection (c) provides the Secretary of Defense authority to waive the troop limitation in the interest of "national security" and subsection (d) requires the Secretary of Defense to notify the congressional defense committees within 15 days of exercising the waiver of authority provided for in subsection (c).

Taylor (MS) #16
Repeals the authority for an additional round of Department of Defense Base Realignments and Closures in 2005 that was granted in the FY2002 Defense Authorization Act.

Tiahrt #57
Requires that future regular reporting requirements imposed on the DoD would have a sunset provision of five years after enactment.

Tiahrt #78
Requires the DoD to rely on the private sector for the performance of any commercial activities and affirms longstanding bipartisan policy that the Defense Department should not compete with the private sector for commercial activities. Requires the DOD to procure from the private sector all goods and services that are necessary for accomplishment of authorized functions of national defense. Exceptions are made to this policy for goods and services that are inherently governmental in nature, for reasons of national security, inadequate quantity or quality available in the private sector, and the DOD is determined to be the best value source. Additional provisions address treatment of Defense employees and direct the OMB to prepare guidelines for enactment of this legislation within 180 days of date of enactment. Creates additional opportunities for small, minority-owned and female-owned businesses. LATE

Tierney #38
Provides that no funds for FY 2003 for the Department of Defense may be used for space-based national missile defense programs.

Tierney #39
Prohibits funds for a ground-based national missile defense until Operational Test and Evaluation certifies that MDA and contractors, as required by law, are giving OT&E access to all records that it considers necessary to fulfill its oversight role.

Tierney #40
Prohibits funds for a ground-based missile defense until the Director of Operational Test and Evaluation submits to Congress a certification that the DoD is in full compliance with its own recommendations, published in August, 2000.

Tierney #41
Prohibits FY 2003 funding for the construction of Fort Greely until the Director of Operational Test and Evaluation approves in writing the adequacy of Fort Greely's development plans, pursuant to OT&E's mission under federal statute.

Udall (CO) #62
Expresses the sense of Congress that closure of Rocky Flats Environmental Technology Site in CO, by 2006 is in the national interest, and the Department of Energy should continue working toward that goal.

Velazquez #74
Requires that when Defense agencies consolidate contracts that displace small businesses they develop and implement a plan. The plan must provide for an increase in prime contract awards to small businesses to offset the decrease caused by the consolidation. The plan must be implemented within the same fiscal year as the award of the consolidation and a copy of the plan must be provided to the Small Business Administration. LATE

Velazquez #75
Limits funding on the Army solicitation number DAAB07-02-R-G401 unless and until the Secretary of the Army has accepted the recommendations of the Administrator of the Small Business Administration in their entirety. LATE

Velazquez #76
Requires that when a base operations contract is awarded or renewed, the base must develop and implement a plan to increase local small business opportunities. LATE

Weldon (PA) #26
REVISED. States that it is the policy of the U.S. to pursue greater cooperation, transparency, and confidence with the Russian Federation regarding a variety of nuclear weapons-related matters through engagement. The amendment specifies the conditions under which the current ban on designing and developing low-yield nuclear weapons is automatically repealed.

Weldon (PA) #27
States that it is the policy of the U.S. to pursue greater cooperation, transparency, and confidence with the Russian Federation regarding a variety of nuclear weapons-related matters through engagement. These initiatives are all designed to promote mutual trust, security, and stability.

 

* Summaries derived from information submitted by the amendment sponsors.
**Numbering system used for Rules Committee purposes only.