[Congressional Record Volume 148, Number 56 (Tuesday, May 7, 2002)]
[House]
[Pages H2165-H2166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4546

                        Offered by: Mr. Bereuter

       Amendment No. 1: At the end of subtitle D of title V (page 
     ____, after line ____), insert the following new section:

     SEC. 533. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF 
                   ATHLETIC COMPETITIONS BY THE NATIONAL GUARD AND 
                   MEMBERS OF THE NATIONAL GUARD.

       (a) Athletic and Small Arms Competitions.--Section 504 of 
     title 32, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(c) Conduct of and Participation in Certain 
     Competitions.--(1) Under regulations prescribed by the 
     Secretary of Defense, members and units of the National Guard 
     may conduct and compete in a qualifying athletic competition 
     or a small arms competition so long as--
       ``(A) the conduct of, or participation in, the competition 
     does not adversely affect the quality of training or 
     otherwise interfere with the ability of a member or unit of 
     the National Guard to perform the military functions of the 
     member or unit;
       ``(B) National Guard personnel will enhance their military 
     skills as a result of conducting or participating in the 
     competition; and
       ``(C) the conduct of or participation in the competition 
     will not result in a significant increase in National Guard 
     costs.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with the 
     conduct of or participation in a qualifying athletic 
     competition or a small arms competition under paragraph 
     (1).''.
       (b) Other Matters.--Such section is further amended by 
     adding after subsection (c), as added by subsection (a) of 
     this section, the following new subsections:
       ``(d) Availability of Funds.--(1) Subject to paragraph (2) 
     and such limitations as may be enacted in appropriations Acts 
     and such regulations as the Secretary of Defense may 
     prescribe, amounts appropriated for the National Guard may be 
     used to cover--
       ``(A) the costs of conducting or participating in a 
     qualifying athletic competition or a small arms competition 
     under subsection (c); and
       ``(B) the expenses of members of the National Guard under 
     subsection (a)(3), including expenses of attendance and 
     participation fees, travel, per diem, clothing, equipment, 
     and related expenses.
       ``(2) Not more than $2,500,000 may be obligated or expended 
     in any fiscal year under subsection (c).
       ``(e) Qualifying Athletic Competition Defined.--In this 
     section, the term `qualifying athletic competition' means a 
     competition in athletic events that require skills relevant 
     to military duties or involve aspects of physical fitness 
     that are evaluated by the armed forces in determining whether 
     a member of the National Guard is fit for military duty.''.
       (c) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by inserting ``Authorized 
     Activities.--'' after ``(a)''; and
       (2) in subsection (b), by inserting ``Authorized 
     Locations.--'' after ``(b)''.
       (d) Conforming and Clerical Amendments.--(1) Subsection (a) 
     of such section is amended--
       (A) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking ``; or'' and inserting a 
     period; and
       (C) by striking paragraph (3).
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 504. National Guard schools; small arms competitions; 
       athletic competitions''.

       (3) The item relating to section 504 in the table of 
     sections at the beginning of chapter 5 of title 10, United 
     States Code, is amended to read as follows:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.

                               H.R. 4546

               Offered By: Mrs. Jo Ann Davis of Virginia

       Amendment No. 2: At the end of title X (page 218, after 
     line 15), insert the following new section:

     SEC. ____. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER 
                   FORCE STRUCTURE.

       (a) Findings.--Congress makes the following findings:
       (1) The aircraft carrier has been an integral component in 
     Operation Enduring Freedom and in the homeland defense 
     mission beginning on September 11, 2001. The aircraft 
     carriers that have participated in Operation Enduring 
     Freedom, as of May 1, 2002, are the USS Enterprise (CVN-65), 
     the USS Carl Vinson (CVN-70), the USS Kitty Hawk (CV-63), the 
     USS Theodore Roosevelt (CVN-71), the USS John C. Stennis 
     (CVN-74), and the USS John F. Kennedy (CV-67). The aircraft 
     carriers that have participated in the homeland defense 
     mission are the USS George Washington (CVN-73), the USS John 
     F. Kennedy (CV-67), and the USS John C. Stennis (CVN-74).
       (2) Since 1945, the United States has built 172 bases 
     overseas, of which only 24 are currently in use.
       (3) The aircraft carrier provides an independent base of 
     operations should no land base be available for aircraft.
       (4) The aircraft carrier is an essential component of the 
     Navy.
       (5) Both the F/A-18E/F aircraft program and the Joint 
     Strike Fighter aircraft program are proceeding on schedule 
     for deployment on aircraft carriers.
       (6) As established by the Navy, the United States requires 
     the service of 15 aircraft carriers to completely fulfill all 
     the naval commitments assigned to it without gapping carrier 
     presence.
       (7) The Navy requires, at a minimum, at least 12 carriers 
     to accomplish its current missions.
       (b) Sense of Congress.--It is the sense of Congress that 
     the number of aircraft carriers of the Navy in active service 
     should not be less than 12.
       (c) Commendation of Crews.--Congress hereby commends the 
     crews of the aircraft carriers that have participated in 
     Operation Enduring Freedom and the homeland defense mission.

                               H.R. 4546

                        Offered By: Mr. Hoeffel

       Amendment No. 3: At the end of title X (page 218, after 
     line 15), insert the following new subtitle:

    Subtitle D--Review of Regulations Relating to Military Tribunals

     SEC. 1041. SHORT TITLE.

       This subtitle may be cited as the ``Military Tribunal 
     Regulations Review Act''.

     SEC. 1042. CONGRESSIONAL REVIEW.

       (a) Procedures Required.--(1) Before a military tribunal 
     rule takes effect, the President shall submit to Congress a 
     report containing--
       (A) a copy of the military tribunal rule;
       (B) a concise general statement relating to the military 
     tribunal rule; and
       (C) the proposed effective date of the military tribunal 
     rule.
       (2) A military tribunal rule with respect to which a report 
     is submitted under paragraph

[[Page H2166]]

     (1) shall take effect on the latest of the following:
       (A) The last day of the 60-day period beginning on the 
     submission date for that rule.
       (B) If the President, having been presented with a joint 
     resolution of disapproval with respect to that rule, returns 
     the joint resolution without his signature to the House in 
     which it originated, together with his objections thereto, 
     the date that is--
       (i) the date on which either House, having proceeded to 
     reconsider the joint resolution, votes on and fails to pass 
     the joint resolution, the objections of the President to the 
     contrary notwithstanding; or
       (ii) if earlier, the date that is 30 days after the date on 
     which the joint resolution, with the President's objections 
     thereto, was returned by the President to the House in which 
     it originated.
       (C) The date on which the military tribunal rule would have 
     otherwise taken effect, if not for this section (unless a 
     joint resolution of disapproval is enacted).
       (3) Notwithstanding paragraph (2), the effective date of a 
     military tribunal rule shall not be delayed by operation of 
     this subtitle beyond the date on which either House of 
     Congress votes to reject a joint resolution of disapproval.
       (b) Effect of Disapproval.--(1) A military tribunal rule 
     shall not take effect (or continue) if a joint resolution of 
     disapproval with respect to that military tribunal rule is 
     enacted.
       (2) A military tribunal rule that does not take effect (or 
     does not continue) under paragraph (1) may not be reissued in 
     substantially the same form, and a new military tribunal rule 
     that is substantially the same as such a military tribunal 
     rule may not be issued, unless the reissued or new military 
     tribunal rule is specifically authorized by a law enacted 
     after the date of the enactment of the joint resolution of 
     disapproval with respect to the original military tribunal 
     rule.
       (c) Disapproval of Rules That Have Taken Effect.--Any 
     military tribunal rule that takes effect and later is made of 
     no force or effect by the enactment of a joint resolution of 
     disapproval shall be treated as though such military tribunal 
     rule had never taken effect, except that a trial of a person 
     pursuant to such rule that is being carried out before the 
     enactment of such joint resolution of disapproval shall 
     continue to be carried out as though such military tribunal 
     rule remains in effect.
       (d) Rule of Construction.--If the Congress does not enact a 
     joint resolution of disapproval with respect to a military 
     tribunal rule, no court or agency may infer any intent of the 
     Congress from any action or inaction of the Congress with 
     regard to such military tribunal rule, related statute, or 
     joint resolution of disapproval.
       (e) Joint Resolution of Disapproval Defined.--For purposes 
     of this section, the term ``joint resolution of disapproval'' 
     means a joint resolution introduced on or after the date on 
     which a report referred to in subsection (a)(1) is received 
     by Congress, the title of which is ``Joint Resolution 
     disapproving the rule submitted by the President on ____, 
     relating to military tribunals'', containing no whereas 
     clauses, and the matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the rule submitted 
     by the President on ____, relating to military tribunals, and 
     such rule shall have no force or effect.'' (The blank spaces 
     being appropriately filled in).

     SEC. 1043. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``military tribunal'' means a military 
     commission or other military tribunal (other than a court-
     martial).
       (2) The term ``military tribunal rule'' means the whole or 
     part of an agency statement of general or particular 
     applicability and future effect designed to implement, 
     interpret, or prescribe law or policy, or describing the 
     organization, procedure, or practice requirements of a 
     Department or agency, with regard to carrying out military 
     tribunals.

     SEC. 1044. JUDICIAL REVIEW.

       No determination, finding, action, or omission under this 
     subtitle shall be subject to judicial review.

     SEC. 1045. REPORTING REQUIREMENTS FOR MILITARY TRIBUNALS.

       (a) In General.--(1) Subchapter XI of chapter 47 of title 
     10, United States Code (the Uniform Code of Military Justice) 
     is amended by adding at the end the following new section:

     ``Sec. 940a. Art. 140a. Reports to Congress on military 
       tribunals

       ``(a) For each military tribunal, the President shall 
     submit to Congress periodic reports on the activities of that 
     military tribunal. The first such report with respect to a 
     military tribunal shall be submitted not later than six 
     months after the date on which the military tribunal is 
     convened and shall include an identification of the accused 
     and the offense charged. Each succeeding report with respect 
     to a military tribunal shall be submitted not later than six 
     months after the date on which the preceding report was 
     submitted.
       ``(b) A report under this section shall be submitted in 
     unclassified form, but may included a classified annex.
       ``(c) In this section, the term `military tribunal' means a 
     military commission or other military tribunal (other than a 
     court-martial).''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by adding at the end the following new 
     item:

``940a. 140a. Reports to Congress on military tribunals.''.

       (b) Effective Date.--Section 940a of title 10 United States 
     Code, as added by subsection (a), shall apply with respect to 
     any military tribunal covered after, or pending on, that date 
     of the enactment of this subtitle. In the case of a military 
     tribunal pending on the date of the enactment of this 
     subtitle, the first report required by such section shall be 
     submitted not later than six months after the date of the 
     enactment of this subtitle.

                               H.R. 4546

                        Offered By: Mr. Manzullo

       Amendment No. 4: At the end of title VIII (page 174, after 
     line 5), add the following new section:

     SEC. ____. RENEWAL OF CERTAIN PROCUREMENT TECHNICAL 
                   ASSISTANCE COOPERATIVE AGREEMENTS AT FUNDING 
                   LEVELS AT LEAST SUFFICIENT TO SUPPORT EXISTING 
                   PROGRAMS.

       Section 2413 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) With respect to any eligible entity that has 
     successfully performed under a cooperative agreement entered 
     into under subsection (a), the Secretary shall strive, to the 
     greatest extent practicable and subject to appropriations, to 
     renew such agreement with such entity at a level of funding 
     which is at least equal to the level of funding under the 
     cooperative agreement being renewed.''.