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Summary of Amendments Submitted to the Rules Committee on
H.R. 2586, The National Defense Authorization Act for FY 2002


(in alphabetical order)

Thursday, September 20, 2001 (6:30 p.m.)

Acevedo-Vilá #102 Directs the Secretary of Defense to apply a grandfather clause for the dependents of federal employees who were enrolled in DOD schools in Puerto Rico previous to the enactment of the 1999 Strom Thurmond National Defense Authorization Act. LATE

Allen #56 Authorizes the Department of Defense (DoD) to store temporarily mercury acquired by the Environmental Protection Agency from a closed facility in Orrington, Maine.

Allen #57 Expresses the Sense of Congress that, if a U.S. missile defense system is intended to defend allied and friendly countries, the President should seek burdensharing contributions from such allied and other friendly countries to pay a proportional share of the costs of deployment of that system.

Allen #58 Provides for the President to solicit missile defense burdensharing contributions from allied and friendly nations, if the President determines that such nations are to be protected by a U.S. missile defense system.

Allen #74 Authorizes the DoD to store temporarily mercury acquired by the Environmental Protection Agency from a closed facility in Orrington, Maine. LATE

Andrews # 39 Provides $2 million to allow the Secretary of Defense for grants to assist companies in writing security targets for Information Assurance Products.

Baldacci #24 Provides relief to the towns of Winter Harbor and Gouldsboro in relation to the closure of the Naval Security Group Activity Winter Harbor. Directs the Department of Defense (DoD) to provide: $68,000 for reimbursement to Winter Harbor for improvements to the water and sewer systems in FY 2002; $68,000 for continued operations and maintenance of the sewer and water systems for FY 2003 and FY 2004 ($136,000); $86,000 for the School Administrative District operating Sumner High School for the 2000-01 and 2001-02 school years (the town had to raise property taxes to continue to pay for students of navy families).

Baldacci #25 Provides $5 million for capital investments for the Research & Education Center on the Naval Security Group Winter Harbor base, which is being closed, and $1.4 million for general operations and maintenance costs to keep the property and equipment in useable condition.

Bartlett #1 Amends the National Defense Authorization Act for Fiscal Year 1989 (P.L. 100-526) to require the Secretary of Defense to notify Congress 21 days before DoD taps its reserve accounts. REVISED

Bereuter/Langevin #13 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). Also authorizes the use of funds appropriated to the National Guard to cover the costs incurred by the National Guard members as they train for and participate in those athletic events. REVISED

Blumenauer/Riley/Farr/Manzullo #69 Requires an account that is separate from other environmental cleanup for removal and cleanup of abandoned military munitions (unexploded ordnance or UXO) at former military facilities. LATE/REVISED

Boyd #84 Allows, but does not require, the Secretary of the Air Force to transfer the Defense Fuel Support Point in Lynn Haven, Florida, to the Florida State University once the environmental cleanup is complete. LATE

Burton/Davis, Tom/Sessions #22 Strikes subtitle G of title III, which restricts DoD’s outsourcing and procurement processes, mandates the use of public-private competitions for all current and new commercial or industrial functions, and imposes excessive reporting requirements on DoD, its contractors and subcontractors, thereby impeding the agency’s ability to fulfill its mission. Inserts new language directing the Commercial Activities Panel to expand its deliberations and report to Congress regarding the following: the degree and circumstances under which current and new commercial activities should be subject to public-private competitions; ways to improve the accountability of government and contractor cost, schedule, and performance; the establishment of required levels of cost-savings in sourcing decisions; and contractor man-hour and manpower data reporting.

Cunningham #32 Requires the training of Puerto Rican Army National Guard personnel in Puerto Rico upon termination of U.S. military training at Vieques and closure of that facility. REVISED

Cunningham #92 Ensures that victims of terrorism are duly compensated from judgements already awarded from the frozen assets of terrorist states. LATE

Davis (CA) #67 Requires the Department of Defense to change the rates of the Basic Allowance for Housing so as to reduce out-of-pocket housing costs to zero by 2003, instead of 2005 as planned by the Defense Department. LATE

DeFazio #83 Requires a reevaluation of the cost, schedule and performance objectives of the Army’s Comanche helicopter program and establishes some performance benchmarks that must be met before the Army can move forward with low rate initial production. LATE

Ehrlich/Hansen #29 Clarifies that federal contract employees can be assigned as escort officials accompanying chemical weapons inspection teams at government-owned facilities. Teams would continue to be led by federal employees and appropriate law enforcement officials.

Farr #66 Extends for an additional two years 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. LATE

Flake #5 Strikes section 1046 of the bill. Striking this section would allow the DoD to reduce the size of the B-1B bomber force and modernize the remaining B-1B bombers.

Fletcher #54 Conveys 10 acres of property located at the Bluegrass Army Depot in Richmond, KY, to the Madison County government, to be used as the property location for a veteran’s center.

Frost #104 To authorize the award of the Purple Heart to civilian employees of the Department of Defense who are killed or wounded by terrorist attack. LATE

Gilchrest #31 Requires the Secretary of Defense to conduct a review of the health and disability benefit programs available to recruits and officer candidates participating in training or education at the US Naval Academy, US Military Academy, US Air Force Academy and US Cost Guard Academy, who are retired, separated, or placed on disability due to an injury that occurred as a cadet at the service academy or other officer candidate program. REVISED

Gonzalez/Jones (NC) #28 Seeks to extend “Interested Party” status to labor organizations who represent DoD Civil Service employees in A-76 cost comparison studies conducted by DoD. By granting them “Interested Party” status, DoD Civil Service employees will be afforded appellate (GAO) and legal rights equal to those of the private contractors against whom they are competing.

Goss #89 Intended to preserve the authorities of the Director of Central Intelligence for space reconnaissance and other national intelligence purposes. LATE

Goss #90 Strikes Section 121 (Responsibilities of Air Force for Contracts for all Defense Space Launches) in its entirety. Section in question would cause unintended negative consequences for the United States to collect intelligence from space. LATE

Hall (OH) #51 Gives the Secretary of Defense authority to implement a program previously established in last year’s National Defense Authorization Act to provide limited voluntary separation incentive pay and early retirement authority for workforce restructuring in fiscal years 2002 and 2003.

Hall (OH) #52 Expresses the sense of Congress that the Air Force solidify and institutionalize the steps that the Air Force has already taken to address deficiencies in the planning and budget process for the Science and Technology (S&T) program and requires reinstatement of “development planning,” an additional part of the planning and budgeting process. Further requires a National Academy of Sciences National Research Council study to determine how the implemented changes to the Air Force S&T program affects the future capabilities of the Air Force.

Hansen #30 Authorizes the DoD to conduct one round of base realignment and closure (BRAC) in 2003 under an amended version of P.L. 101-150. The BRAC process remains essentially the same as in previous rounds, except: the DoD must submit a list of domestic installations designated as absolutely essential to national defense and therefore exempt from closure; each service chief must individually certify that all closure and realignment actions are consistent with service requirements to meet the national military strategy; and the Commission may not deviate from the DoD recommendations without the concurrence of the Secretary of Defense.

Harman #37 Expresses the Sense of Congress that the annual defense authorization and appropriation bills should reflect the new realities of the strategic environment and the broad responsibilities of the U.S. in the 21st Century and that the Congress should focus on the new threats of proliferation of weapons technology, weapons of mass destruction, the increased outbreak of regional and ethnic conflict and use of terror, and the increased ability of disparate hostile forces to use technology to coordinate and combine efforts.

Hefley #96 Adjusts the dates of the Exclusion of Certain Installations from Consideration for Closure or Realignment: changes from February 1, 2003, to September 2, 2002, the date by which the DoD must publish and transmit to Congress a list of military installations designated as absolutely essential to the national defense and therefore exempt from closure and realignment; changes from March 1, 2003, to September 2, 2002, the deadline for Congress to reject the DoD essential installations list of facilities exempt for closure; and from February 8, 2003, to September 9, 2002, the date by which the Joint Chiefs of Staff must individually certify that the DoD essential installations list is fully consistent with the force structure plan and infrastructure plan. LATE

Hilleary #75 WITHDRAWN. Requires the DoD to purchase competitively from Federal Prison Industries but grant special sole-source authority to the Attorney General if needed to maintain order in prisons and protect prison guards. LATE

Hilleary/Isakson/Boehner #99 Provides that each local educational agency shall provide to the Department of Defense, upon a request made for military recruiting purposes: (A) permission to conduct customary military recruiting activities on school grounds in a manner reasonably accessible to all students of such school; and (B) the same access to directory information concerning those students as is provided to a post secondary educational institution upon an indication by a secondary school student that the student seeks to enroll or intends to enroll at that institution. The amendment does not apply to a private secondary school which maintains a religious objection to service in the armed forces and which objection is verifiable through the corporate or other organizational documents or materials of that school. LATE

Hostettler #36 Ratifies the validity of the record of decision for the National Environmental Policy Act process on national missile defense.

Hostettler #53 Prevents the Environmental Impact statements concerning the construction of the missile defense test system in Alaska from being subject to further judicial review.

Hunter #8 Places a restriction on spending funds through the Cooperative Threat Reduction to Russia until the Secretary of Defense certifies that the U.S. and Russia have reached an agreement on how the U.S. can proceed with the development of its missile defense system.

Hunter #9 Designates that $9.7 million of the $17 million that is included in the bill to facilitate discussions between the U.S. and Russia be set aside specifically to carry out discussions regarding ways to cooperate on missile defense.

Hunter #10 Establishes as policy that the United States should deploy missile defenses that at a minimum match the capability of the ABM system deployed by Russia.

Hunter #11 Establishes as policy that the United States should develop and deploy defenses to protect members of the U.S. Armed Forces deployed abroad against ballistic missiles regardless of their speed.

Hunter #12 Limits the leases of foreign-built ships to no more than 12 months in duration, which will discourage the DoD from circumventing U.S. procurement law while retaining maximum flexibility for DoD to meet shorter-term lift requirements.

Hunter #40 Redistributes ballistic missile defense funding by reducing funding for the mid-course segment by $73,000,000, and by increasing funding for the terminal segment by $32,000,000 for THAAD test missiles and $41,000,000 for PAC-3 development test activities.

Hunter #41 Reduces funding for ballistic missile defense by $73,000,000 and increase funding for military personnel out-of-pocket housing expenses by $73,000,000.

Hunter #85 WITHDRAWN. ABM related. LATE

Kelly #21 Requires the Secretary of the Army to Submit to Congress by February 1, 2002, a report evaluating various options for promoting economic development in the Village of Highland Falls, New York, which is located adjacent to the United States Military Academy. REVISED

Kirk #14 Directs auction funds realized from the sale of DoD-occupied 1710-1850 megahertz spectrum, known as the “Third Generation” (3G) spectrum, into accounts established for the DoD and managed by the Secretary of Defense. Provides that proceeds would go first to the Communications Modernization Account to pay for DoD relocation and modernization needed for key defense communications and related programs; after spectrum relocation costs are paid, all remaining balances would go to the Enhanced Capability Account.

Kirk #15 Clarifies current law to allow the ability to designate locations on active and reserve posts to serve as polling places to be administered by the appropriate state election officials. Provides that, once a facility has been made available as the site of a polling place, it shall continue to be available for subsequent elections unless the Secretary of Defense provides to Congress advance notice of reasons why it will no longer be available.

Kolbe #60 Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to expand the program to include similarly situated Department of Defense employees.

Kucinich #45 WITHDRAWN. Prevents 1% of the budget of any component of the Department of Defense from being obligated if that component has not passed the test of an independent audit.

Lantos #27 Deletes a sense of Congress provision related to the Kwajaelein Missle Range in the Marshall Islands. This provision links the importance of the test site to ongoing negotiations over U.S. assistance provisions under the Compact of Free Association, which would be very detrimental to these negotiations.

Lewis (CA) #20 Conveys two right-of-way easements to the Inland Valley Development Agency, the entity that received the former Norton Air Force Base as a result of BRAC, for use and/or disposal.

Manzullo #33 Increases the Defense Logistics Agency (DLA) grant match to states that run a state-wide Procurement Technical Assistance Centers (PTAC) program so that they would be able to receive up to $600,000 in funding, doubling the current level of $300,000.

Markey #59 Requires the total amount of funding authorized under the bill may not exceed the amount appropriated to the Defense Department in fiscal year 2001, except to the extent that the Office of Management and Budget projects that such amount will not result in a deficit for fiscal year 2002 outside the Social Security and Medicare trust funds.

Markey/Tauscher #34 Directs the Secretary of Defense to remove the warheads from the 50 Peacekeeper (MX) intercontinental ballistic missiles or take other actions as necessary to remove those missiles from launch-ready (or “high alert”) status during fiscal year 2002.

Menendez #94 WITHDRAWN. To facilitate and expedite the conveyance of Caven Point Army Reserve Base property to the City of Jersey City. The transfer of the base was authorized in Section 130 of the fiscal year 1988 Military Construction Appropriations Act (P.L. 100-202). LATE

Moran (VA) #100 Amends Section 2866 of the bill to establish a memorial dedicated to the men and women who lost their lives in the September 11th attack on the Pentagon to be located at the Navy Annex in Arlington, Virginia. LATE

Ose #4 Provides $5 million for local education agencies (LEAs) to mitigate the financial losses accrued due to the loss of federally impacted students as a result of Base Closure or Realignment. REVISED

Pelosi #55 Strikes section 2863, which would provide the Army with leases in perpetuity to 22 specific housing units at the Presidio Trust at the rate of the basic allowance for housing, assign all responsibility for maintenance and replacement housing to the Presidio Trust, and authorize an additional $100 million in borrowing authority for the Presidio Trust.

Pickering #93 Eliminates undergraduate pilot training bases from consideration for closure given the current pilot shortages faced by our Armed Services. LATE

Platts #98 Authorizes the Secretary of the Army to enter into an agreement with the non-profit Military Heritage Foundation for the development of the United States Army Heritage and Education Center at Carlisle Barracks, Pennsylvania. LATE

Riley/Ortiz #97 Provides $5,000,000 for an apprenticeship program and high school cooperative training program at Army Depots to help ensure that the future civilian workforce at Army Depots continues to have the skills necessary to support the peacetime and wartime missions of the Army Depots. LATE

Rodriguez #23 Permits the DoD and the individual military services to implement ways of supporting their missions and people more effectively, more efficiently and at less cost while maintaining and improving its operational readiness. As proposed by the DoD, the provision would provide the military departments an alternative to reduce base infrastructure costs and make base operations more efficient by creating partnerships with local communities for the maintenance and operation of military infrastructure.

Sanchez/Harman #19 Restores equal access to health services at overseas military hospitals to servicemen and women stationed overseas.

Scott #101 Expands the required conditions to allow the Secretary of Transportation to sell or charter the conveyed vessel(s) to NATO member nations for use as a bulk grain carrier. LATE

Skelton/Spratt #16 Provides an additional pay raise of 1%, of $450 million and adds $250 million to improve military family housing. Also increases efforts for homeland defense and to counter proliferation of weapons of mass destruction by $219 million. The funds are offset by reducing the proposed increase in funding for national missile defense to just over $2 billion, a 38% increase over FY 2001.

Smith (NJ) #2 Requires DoD and VA to conduct a joint demonstration project with five sites to identify benefits of integrated management of health care resources of the two departments.

Smith (NJ) #35 Authorizes $4.76 million for the construction of a Combined Structural/Aircraft Fire Rescue Station at the Lakehurst Naval Air Warfare Center, New Jersey.

Snyder #44 Authorizes an additional round of base closures in 2003 and changes the old BRAC process to cut down on community stress and explicitly link closures, exclusions and realignments to military criteria.

Spratt/Hunter/Abercrombie/Davis (CA) #26 Creates a narrow exception to a current provision of procurement law established in 1997. Enables – but does not require – the Navy to continue their current practice of extending UNOLS leases after five years, without changing the underlying requirement to competitively award the initial lease.

Stearns #46 Establishes a set of findings regarding the fuel usage of the Department of Defense and expresses the sense of Congress that DOD should implement recommendations by the Defense Science Board to incorporate fuel efficiency in terms of procurement requirements, warfighting capability and logistics requirements, and base investment decisions on the true cost of fuel.

Stearns #47 Authorizes $2 million from the Defense wide O&M account to repair the Lafayette Escadrille Memorial in France.

Stearns #48 Authorizes $2 million from the Defense wide O&M account to repair the Lafayette Escadrille Memorial in France. Offset by a reduction in the O&M account for the Office of the Secretary of Defense.

Stearns #49 Authorizes $2 million from the Defense wide O&M account to repair the Lafayette Escadrille Memorial in France. Offset by a reduction in the O&M account for the Washington Headquarters Services.

Stearns #50 Sense of Congress expressing support for the restoration of the Lafayette Escadrille Memorial in France.

Strickland #91 Requires that the DOD provide the appropriate civilian uniforms to those veterans performing an honor guard program who demonstrate a financial need for such support. LATE/REVISED

Stump #68 Manager’s Amendment. Increases the existing F-22 engineering and manufacturing cost cap so that the Air Force can properly budget to complete required testing, extends the reporting requirement and termination dates for the Commission of the Future of the United States Aerospace Industry, adjusts assumed savings of the sale of stockpile material, clarifies the authorities of the Secretary of Defense with regard to the Department of Defense Medicare-Eligible Retiree Health Care fund and clarifies that the Military Treatment Facilities are included in the trust fund calculations and set the normal cost contribution for any year to be equal to the trust funds outlays for that year. LATE/REVISED

Stump/Skelton #103 Creates a new Title related to activities to combat terrorism. Provides $400 million in new funding for intelligence and anti-terrorism and counter-terrorism initiatives through a reduction in funding for National Missile Defense programs and consulting services. Requires an assessment of Defense Department ability to respond to terrorist attacks, a report on protection from airborne threats, the establishment of combating terrorism as a national security mission, and other policy matters relating to combating terrorism. LATE

Tauscher #42 Requires the President to submit a strategic plan to Congress on how to dispose of nuclear weapons and weapons-usable nuclear material that Russia does not retain in its nuclear arsenal and to prevent the outflow from Russia of nuclear weapons expertise. REVISED

Tauscher #43 Requires a study on the feasibility of establishing a "debt for security" program that would forgive Russia's international debt in exchange for payments by Russia into a nuclear non-proliferation fund.

Taylor (MS) #17 WITHDRAWN. Makes it a felony, rather than a misdemeanor, to willfully violate 50 U.S.C. 797, regarding Department of Defense regulations for the protection and security of military installations and navigable waters used by the Armed Forces. Also increases fines from $5,000 to $10,000 and increases possible prison term from 1 year to 10 years and makes vessels of willful violators subject to seizure and forfeiture to the U.S.

Taylor (MS) #18 Removes the prohibition in current law that prevents military medical treatment facilities from being reimbursed by Medicare for treatment of Medicare-eligible military retirees. Also provides the DoD authority to establish a Medicare +Choice health plan for Medicare-eligible military retirees.

Thompson (CA) #63 Restores $30,000,00 in funding to Air Force Research and Development account for re-engining and avionics modernization to the C-5 Galaxy aircraft to be offset by cutting funds from the Air Force transformation and future system development program. LATE

Thompson (CA) #64 Restores $30,000,00 in funding to Air Force Research and Development account for re-engineering and avionics modernization to the C-5 Galaxy aircraft to be offset by cutting funds from the Defense Advanced Research Projects Agency (Program Element 62301E). LATE

Tierney #61 WITHDRAWN. Requires the President to provide written notice to both houses of Congress regarding any proposed national missile defense test that would violate the Anti-Ballistic Missile Treaty. Requires Congressional approval/disapproval (expedited procedures) of any such test.

Tierney #62 WITHDRAWN. Prohibits funding in fiscal year 2002 for the development of interceptor missiles to be stationed in Fort Greely, Alaska, upgrades to the Cobra Dane radar, and construction activities at Fort Greely.

Traficant #95 Assigns, at the request of the Attorney General and the Secretary of the Treasury, military personnel to assist in patrolling our borders. Provides for the establishment of a task force by either the Treasury Department or the Justice Department for the purpose of counter-terrorism and drug interdiction. LATE

Udall #38 Authorizes the use of military transportation assets to respond to environmental emergencies.

Underwood #3 Makes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa eligible to participate in the electronic voting demonstration project authorized in Section 552 of the bill.

Velázquez #65 Prohibits funds from being expended on the contract known as the “Marine Corps Regionalization of Food Services” contract. LATE

Velázquez #76 Modifies the Berry Amendment codification to remove the exception that relates to contracts below the Simplified Acquisition Threshold. LATE

Velázquez #77 Requires that the DoD work with the GAO to develop a database for tracking and annual reporting to Congress of contract awards that result in the displacement of two or more small businesses. LATE/REVISED

Velázquez #82 Modifies the Berry Amendment codification to require that the requester of the procurement action be notified that their request will result in the procurement of an item that will necessitate the procurement of items overseas. The requester will acknowledge that the contract action will require an overseas procurement, and this acknowledgment will become a part of the contract file. LATE

Vitter/Sessions #6 Mandates that either the Navy Theater Wide (NTW) or the Army’s Theater High Altitude Area Defense (THAAD) systems are tested once against target missiles with velocities no less than the maximum velocity of the North Korean Taepo-dong I missile.

Vitter/Sessions #7 Directs the Ballistic Missile Defense Organization to design and deploy a land-based and sea-based National Missile Defense system capable of defending against ballistic missile attack as soon as technologically possible.

Weldon (PA) #70 Provides a two-year extension for the Advisory Panel to Assess the Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction so that the Panel may continue its work on terrorism issues. LATE

Weldon (PA) #71 Commends the President and the executive branch for working on cooperative multiphased engagement with Russia and to encourage and support the President’s efforts to cooperate with Russia on missile defense. LATE

Weldon (PA) #72 Expresses the Sense of Congress that the U.S. and Israel should continue to provide funding and to work together with extraordinary effort to develop national missile defense systems. LATE

Weldon (PA) #78 Promotes the National Defense Features (NDF) program by requiring that, if the Federal Maritime Commission finds that vessels that would be built in the United States under the NDF program are excluded from the U.S.-Japan auto trade, then the Commission must counteract the restrictive trade practices that led to this unfortunate situation. LATE

Weldon (PA)/Schrock #79 Expresses the sense of Congress that a national emergency exists with regard to the state of readiness of the Armed Forces that needs to be promptly remedied. LATE

Weldon (PA) #80 Places a limitation on the workforce review pending submission of a Comptroller General study of policies and procedures for transfer of commercial activities. LATE

Weldon (PA) #81 Designates the Firefighter Assistance Program as the “Floyd D. Spence Memorial Domestic Defenders Initiative” and expresses the sense of Congress that the program should be continued. LATE

Weldon (PA) #86 Alters the terms of the referendum to be continued regarding continued Navy and Marine Corps training on the island of Vieques, to address all military installations and activities in Puerto Rico. LATE

Weldon (PA) #87 Requires the House and Senate Armed Services Committees to appoint a panel to prepare a legislative response to the GAO study of policies and procedures for the transfer of commercial activities. LATE

Weldon (PA) #88 Limits workplace reviews pending a GAO report and requires cost savings for change. LATE/REVISED

Wilson #73 Requires parity among national security laboratories with respect to the retirement income for employees of contractors operating at such laboratories. LATE

* Summaries derived from information submitted by the amendment sponsors.