[House Report 105-596]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-596
_______________________________________________________________________


 
  PROVIDING FOR THE CONSIDERATION OF H.R. 4103, DEPARTMENT OF DEFENSE 
                       APPROPRIATIONS BILL, 1999

                                _______
                                

    June 23, 1998.--Referred to the House Calendar and ordered to be 
                                printed

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     Mr. Goss, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 484]

    The Committee on Rules, having had under consideration 
House Resolution 484, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for consideration of H.R. 4103, 
``The Department of Defense Appropriations Bill for Fiscal Year 
1999,'' under a modified open rule.
    The rule waives points of order against consideration of 
the bill for failing to comply with clause 2(l)(6) of rule XI 
(requiring a 3-day layover of the committee report), clause 7 
of rule XXI (requiring printed hearings and reports to be 
available for 3 days prior to consideration of general 
appropriations bills), or section 306 of the Budget Act of 1974 
(prohibiting consideration of legislation within the 
jurisdiction of the Budget Committee unless reported by that 
committee). The rule provides for one hour of general debate 
equally divided between the chairman and ranking minority 
member of the Appropriations Committee.
    The rule also provides that the amendments printed in this 
report shall be considered as adopted in the House and in the 
Committee of the Whole. The rule waives points of order against 
provisions in the bill which do not comply with clause 2 of 
rule XXI (prohibiting unauthorized or legislative 
appropriations in a general appropriations bill) and clause 6 
of rule XXI (prohibiting reappropriations in a general 
appropriations bill).
    The rule provides for priority in recognition for those 
amendments that are pre-printed in the Congressional Record. 
The rule provides that the chairman of the Committee of the 
Whole may postpone recorded votes on any amendment and that the 
chairman may reduce voting time on postponed questions to 5 
minutes, provided that the voting time on the first in a series 
of questions is not less than 15 minutes. The rule also 
provides that consideration of section 8106 for amendment under 
the five-minute rule shall not exceed one hour.
    Finally, the rule provides for one motion to recommit with 
or without instructions.

                            committee votes

    Pursuant to clause 2(l)(B) of House rule XI the results of 
each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee Rollcall No. 97

    Date: June 23, 1998.
    Measure: H.R. 4103.
    Motion by: Mr. Moakley.
    Summary of motion: To strike the self-enacting provision in 
the rule which removes all emergency designated funding from 
the bill.
    Results: Rejected, 3-6.
    Vote by Members:
    Dreier--Nay; Goss--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Hastings--Nay; Moakley--Yea; Frost--Yea; Slaughter--Yea; 
Solomon--Nay.

   summary of amendments considered as adopted in the house and the 
                         committee of the whole

    1. Removes all emergency designated funding from the bill. 
Provides $20 million for expenses associated with the accident 
involving a United States Marine Corps aircraft on February 3, 
1998 near Cavalese, Italy. The $20 million is to be made 
available from existing funds in the bill.
    2. Prohibits Department of Defense contracting with any 
firm or person convicted of the unlawful sale or manufacture of 
the Congressional Medal of Honor for a period of 15 years.

amendments considered as adopted in the house and the committee of the 
                                 whole

    On pages 106 and 107 of the bill:
    Strike all the text beginning on page 106, line 1, through 
page 107, the end of line 23 (Section 8105 in its entirety), 
and replace in lieu thereof the following:
    ``Sec. 8105. Of the amounts made available in title II of 
this Act under the heading ``Operation and Maintenance, Navy'', 
$20,000,000 is available only for emergency and extraordinary 
expenses associated with the accident involving a United States 
Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, 
Italy: Provided, That these funds shall remain available until 
expended: Provided further, That notwithstanding any other 
provision of law, the funds made available by this section 
shall be available only for payments to persons, communities, 
or other entities in Italy only for reimbursement for damages 
resulting from the expenses associated with the accident 
involving a United States Marine Corps A-6 aircraft on February 
3, 1998, near Cavalese, Italy: Provided further, That 
notwithstanding any other provision of law, funds made 
available under this section may be used to rebuild or replace 
the funicular system in Cavalese destroyed on February 3, 1998 
by that aircraft: Provided further, Than any amount paid to any 
individual or entity from the amount appropriated under this 
section shall be credited against any amount subsequently 
determined to be payable to that individual or entity under 
chapter 163 of title 10, United States Code, section 127 of 
that title, or any other authority provided by law for 
administrative settlement of claims against the United States 
with respect to damages arising from the accident described in 
this section: Provided further, That payment of an amount under 
this section shall not be considered to constitute a statement 
of legal liability on the part of the United States or 
otherwise to prejudge any judicial proceeding or investigation 
arising from the accident described in this section.''
    On pages 108, 109, and 110 of the bill: Strike all the text 
beginning on page 108, line 6, through the end of line 3, page 
110.
    On page 110 of the bill: On page 110, line 4, redesignate 
Section 9001 as Section 8107.
    On page 114 of the bill: On page 114, line 4, redesignate 
Section 9002 as Section 8108.
    At the end of title VIII (page       , after line       ), 
insert the following new section:
    Sec.   . During the current fiscal year and hereafter, no 
funds appropriated or otherwise available to the Department of 
Defense may be used to award a contract to, extend a contract 
with, or approve the award of a subcontract to any person who 
within the preceding 15 years has been convicted under section 
704 of title 18, United States Code, of the unlawful 
manufacture or sale of the Congressional Medal of Honor.

                                
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