[House Report 106-247]
[From the U.S. Government Publishing Office]






106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-247

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  PROVIDING FOR THE CONSIDERATION OF H.R. 2561, DEPARTMENT OF DEFENSE 
                        APPROPRIATIONS ACT, 2000

                                _______
                                

   July 21, 1999.--Referred to the House Calendar and ordered to be 
                                printed

                                _______


   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 257]

    The Committee on Rules, having had under consideration 
House Resolution 257, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2561, 
the ``Department of Defense Appropriations Act, 2000,'' under 
an open rule. The rule provides one hour of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. The rule also waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI (prohibiting unauthorized or legislative provisions in 
a general appropriations bill).
    The rule allows the Chairman of the Committee of the Whole 
to accord priority in recognition to Members who have 
preprinted their amendments in the Congressional Record. 
Further, the rule allows the Chairman of the Committee of the 
Whole to postpone a request for a recorded vote on any 
amendment and reduce voting time to five minutes on a postponed 
question, provided that the minimum time for electronic voting 
on the first in any series of questions shall be fifteen 
minutes.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill is necessary because the bill violates clause 
3(e)(1)(B) of rule XIII (requiring the inclusion in the report 
of a comparative print showing the changes in existing law as 
called for under the reported bill), clause 4 of rule XIII 
(requiring a three-day layover of the committee report and 
requiring a three-day availability of printed hearings on a 
general appropriations bill). In addition, section 8096 of the 
bill, relating to the TRICARE managed care system, violates 
section 401(a) of the Congressional Budget Act (prohibiting 
consideration of legislation, as reported, providing new 
contract, borrowing, or credit authority that is not limited to 
amounts provided in appropriation acts). Also, section 8042 
relating to administrative activities of the Department of 
Defense, section 8092 relating to NATO and Partnership for 
Peace programs, and section 8111 relating to accounts for 
Military Personnel, Procurement, and the Overseas Contingency 
Operations Transfer Fund, of the bill, violate section 306 of 
the Congressional Budget Act (prohibiting consideration of 
legislation within the Budget Committee's jurisdiction, unless 
reported by the Budget Committee).
    Section 8091 extends managed care support contracts for two 
years thereby providing new entitlement authority. Sections 
8042, 8092, and 8111 change the manner in which the President 
must submit the annual federal budget relating to the 
administrative activities of the Department of Defense, the 
costs incurred to support NATO and budget justifications for 
the cost of U.S. armed forces participating in contingency 
operations. These matters all fall within the jurisdiction of 
the Budget Committee.
    The waiver of clause 2 of rule XXI (prohibiting 
unauthorized or legislative provisions in a general 
appropriations bill) is necessary because there are 69 
provisions in the bill that are unauthorized appropriations and 
80 provisions in the bill that are legislative (itemized in 
House Report 106-244).

                                

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