[House Report 113-455]
[From the U.S. Government Publishing Office]


113th Congress    {                                     }       Report
 2d Session       {     HOUSE OF REPRESENTATIVES        }      113-455
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      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4660) MAKING 
 APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, 
AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, AND 
 FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 
  4435) TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2015 FOR MILITARY 
ACTIVITIES OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, 
TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR 
                             OTHER PURPOSES

                                _______
                                

May 19, 2014.--Referred to the House Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 585]

    The Committee on Rules, having had under consideration 
House Resolution 585, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4660, 
making appropriations for the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2015, and for other purposes, under an 
open rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution waives all points of order against consideration of 
the bill. The resolution waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI. The resolution provides that the bill shall be 
considered for amendment under the five-minute rule. The 
resolution authorizes the Chair to accord priority in 
recognition to Members who have pre-printed their amendments in 
the Congressional Record. The resolution provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 4435, the National Defense Authorization Act for Fiscal 
Year 2015, under a structured rule. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Armed 
Services. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 113-44 shall be considered as adopted 
and the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill, as amended. The resolution makes in order only those 
further amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides that no further consideration 
of the bill shall be in order except pursuant to a subsequent 
order of the House.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 4660 includes a waiver of clause 4(c) of rule XIII, which 
prohibits consideration of a general appropriations bill 
reported by the Committee on Appropriations from being 
considered in the House until the third calendar day on which 
printed hearings of the Committee on Appropriations thereon 
have been available to Members.
    The resolution includes a waiver of points of order against 
provisions in H.R. 4660 for failure to comply with clause 2 of 
rule XXI, which prohibits unauthorized appropriations or 
legislative provisions in an appropriations bill. This waiver 
is necessary because the bill contains unauthorized 
appropriations and legislative provisions.
    The waiver of all points of order against consideration of 
H.R. 4435 includes waivers of:
    --Section 306 of the Congressional Budget Act, which 
prohibits consideration of legislation within the jurisdiction 
of the Committee on the Budget unless reported by the Committee 
on the Budget;
    --Clause 3(e)(1) of rule XIII (Ramseyer), requiring a 
committee report accompanying a bill amending or repealing 
statutes to show, by typographical device, parts of statute 
affected, and;
    --Clause 4(a) of rule XIII, which prohibits consideration 
of legislation in the House until the third calendar day on 
which each report of a committee on that measure or matter has 
been available to Members, Delegates and the Resident 
Commissioner. While the Committee on Armed Services filed its 
report on May 13, 2014, the Committee requested authority to 
file a supplemental report, which includes a more comprehensive 
cost estimate from the Congressional Budget Office. The 
Committee on Armed Services filed its supplemental report on 
May 19, 2014.
    The waiver of all points of order against provisions in 
H.R. 4435, as amended, includes a waiver of clause 4 of rule 
XXI, prohibiting appropriations in a legislative bill, because 
section 2861 contains language that makes private funds 
deposited into a Treasury account available for certain 
purposes without further appropriation.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

          SUMMARY OF THE AMENDMENTS TO H.R. 4435 MADE IN ORDER

    1. Blumenauer (OR): Authorizes the Secretary of the Air 
Force to procure not more than 10 AESA radar upgrades for the 
Air National Guard F-15C/D aircraft, which is offset by cuts to 
levels authorized beyond the President's Budget Request, spread 
across 9 accounts. (10 minutes)
    2. Gohmert (TX): Requires the Secretary of Defense to 
establish either a security monitoring duty roster program that 
would authorize certain DoD personnel to openly carry a firearm 
on a military installation, or a procedure to permit qualified 
military personnel to openly carry a firearm on a military 
installation for personal protection. Ensures that commanders 
at all levels would have control and oversight over the 
authorizations. (10 minutes)
    3. Sanchez, Loretta (CA): Gives DOD authority to transfer 
funds to nuclear nonproliferation, not only to weapons 
activities and naval reactors. Currently, the bill language 
limits fund transfers to only weapons activities and naval 
reactors. (10 minutes)
    4. Lamborn (CO): Requires the Department of Defense to 
establish a plan with the Afghan government for reimbursing 
contractors for illegal taxes. (10 minutes)
    5. Garamendi (CA): Directs the President, DOD, and AFRICOM 
to expand various programs to include combatting wildlife 
trafficking and poaching. (10 minutes)
    6. Daines (MT), Cramer, Kevin (ND), Lamborn (CO), Lummis 
(WY): Strikes subsection (c) of Section 1634 of the reported 
NDAA, which terminates in 2021 the requirement that ICBM silos 
remain in at least warm status. (10 minutes)
    7. Lamborn (CO): Adds a Sense of Congress establishing that 
national security is the top priority for the federal 
government and should be the top priority for the use of public 
lands. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 4435 MADE IN ORDER

1. An Amendment To Be Offered by Representative Blumenauer of Oregon or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title I, add the following new 
section:

SEC. 136. PROCUREMENT OF CERTAIN RADARS FOR F-15C/D AIRCRAFT.

  (a) In General.--The Secretary of the Air Force shall procure 
not fewer than 10 active electronically scanned array radars 
for F-15C/D aircraft of the Air National Guard.
  (b) Funding.--
          (1) Increase.--Notwithstanding the amounts set forth 
        in the funding tables in division D, the amount 
        authorized to be appropriated in section 101 for 
        aircraft procurement, Air Force, as specified in the 
        corresponding funding table in section 4101, for F-15 
        APG-63(V)3 upgrades (Line 025) is hereby increased by 
        $100,000,000.
          (2) Offset.--Notwithstanding the amounts set forth in 
        the funding tables in division D, the amounts 
        authorized to be appropriated in division C for atomic 
        energy defense activities, as specified in the 
        corresponding funding table in section 4701, are 
        reduced for the following purposes relating to weapons 
        activities by the following amounts:
                  (A) W76 Life extension program, by 
                $7,900,000.
                  (B) W88 Alt 370, by $1,200,000.
                  (C) Cruise missile warhead life extension 
                program, by $7,600,000.
                  (D) W78 Stockpile systems, by $3,700,000.
                  (E) Production support, by $12,300,000.
                  (F) Plutonium sustainment, by $28,300,000.
                  (G) Recapitalization, by $39,000,000.
                              ----------                              


2. An Amendment To Be Offered by Representative Gohmert of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle C of title V, add the following new 
section:

SEC. 5__. AUTHORIZING COMMANDERS TO PERMIT MEMBERS OF THE ARMED FORCES 
                    TO CARRY A FIREARM ON A MILITARY INSTALLATION.

  (a) General Authorization.--Notwithstanding any other 
provision of law, regulation, or directive, the Secretary of 
Defense shall--
          (1) authorize DoD personnel to openly carry a loaded 
        firearm for the purpose of providing 24-hour security 
        monitoring in order to ensure the safety of DoD 
        military and civilian personnel and their dependents 
        who reside on military installations; or
          (2) establish and carry out a procedure to permit 
        qualified military personnel to openly carry a loaded 
        firearm on a military installation for personal 
        protection.
  (b) Commander Control Over Authorization.--Commanders at all 
levels will exercise sufficient control over authorizations 
involving the carrying of firearms in accordance with 
subsection (a).
  (c) Security Monitoring Duty Roster Program.--The 
authorization described in subsection (a)(1)--
          (1) is in addition to other programs that permit DoD 
        personnel to perform law enforcement and security 
        duties;
          (2) shall be carried out as a program on the duty 
        roster; and
          (3) at a minimum, include placing security personnel 
        at all points of entry into barracks and multi-family 
        residences on military installation.
  (d) Qualified Military Personnel Defined.--For purposes of 
subsection (a)(2), the term ``qualified military personnel'' 
means a member of the armed forces on active duty who--
          (1) has passed a gun safety course that is certified 
        by any State, the District of Columbia, or any 
        territory or possession of the United States as 
        providing adequate training to enable the member to 
        carry a concealed handgun in such State, the District 
        of Columbia, or such territory or possession;
          (2) is not the subject of any disciplinary action 
        under the Uniform Code of Military Justice for an 
        assaultive offense that could result in incarceration 
        or separation from the Armed Forces under other than 
        honorable conditions;
          (3) meets annual eligibility requirements for use of 
        any military firearm, as established by the Secretary 
        of the military department concerned;
          (4) passes a background check, as established by the 
        Secretary of the military department concerned;
          (5) passes a psychological evaluation, as established 
        by the Secretary of the military department concerned;
          (6) is not under the influence of alcohol or another 
        intoxicating or hallucinatory drug or substance; and
          (7) is not prohibited by Federal law from receiving a 
        firearm.
                              ----------                              


 3. An Amendment To Be Offered by Representative Sanchez of California 
               or Her Designee, Debatable for 10 Minutes

  Page 270, line 11, strike ``REACTORS.'' and insert 
``REACTORS, AND DEFENSE NUCLEAR NONPROLIFERATION.''.
  Page 270, line 20, insert ``or for other national security 
purposes,'' before ``the Secretary of Defense may''.
  Page 270, line 25, insert ``, defense nuclear 
nonproliferation programs,'' before ``or weapons activities''.
                              ----------                              


4. An Amendment To Be Offered by Representative Lamborn of Colorado or 
                 His Designee, Debatable for 10 Minutes

  In section 1215, redesignate subsections (d) and (e) as 
subsections (e) and (f), respectively.
  In section 1215, insert after subsection (c) the following:
  (d) Process for Reimbursement.--
          (1) In general.--The Secretary of Defense shall 
        request submission of claims for reimbursement, 
        including full documentation, from each grantee, 
        contractor, or subcontractor that paid to the 
        Government of Afghanistan taxes assessed on Department 
        of Defense assistance during fiscal year 2014 for an 
        amount equal to the amount the grantee, contractor, or 
        subcontractor paid to the Government of Afghanistan in 
        such taxes.
          (2) Plan for reimbursement.--The Secretary of Defense 
        shall seek to establish a plan in conjunction with the 
        Government of Afghanistan to address claims for 
        reimbursement described in paragraph (1) and to provide 
        for reimbursement by the Government of Afghanistan of 
        such claims. The Secretary shall submit any such plan 
        established under this paragraph to the congressional 
        defense committees in a timely manner.
          (3) Reimbursement.--If the Secretary of Defense does 
        not submit the plan described in paragraph (2) to the 
        congressional defense committees by not later than 
        March 1, 2015, any funds withheld from the Government 
        of Afghanistan pursuant to subsection (a) shall be used 
        to reimburse each grantee, contractor, or subcontractor 
        that submits a claim for reimbursement under paragraph 
        (1) by the amount specified in such claim and verified 
        by the Secretary.
                              ----------                              


5. An Amendment To Be Offered by Representative Garamendi of California 
               or His Designee, Debatable for 10 Minutes

  At the appropriate place in subtitle E of title XII of 
division A, insert the following:

SEC. _. MATTERS RELATING TO COMBATING WILDLIFE TRAFFICKING.

  (a) Additional Requirements Under Executive Order 13648.--
          (1) In general.--If the President continues to 
        implement Executive Order 13648 (78 Fed. Reg. 40619; 
        relating to combating wildlife trafficking), or any 
        related or successor executive order, on or after the 
        date of the enactment of this Act, the President shall 
        take the actions described in paragraphs (2) and (3) 
        with respect to such Executive Order.
          (2) Co-chairs of task force.--The President shall 
        direct the addition of the Secretary of Defense as a 
        Co-Chair of the Task Force.
          (3) Functions.--The President shall direct the Task 
        Force to perform the following functions:
                  (A) Address the important role the military 
                can play in fulfilling the goals of the 
                Strategy and address the national security 
                concerns presented by wildlife trafficking 
                networks.
                  (B) Coordinate with the Department of Defense 
                to evaluate the effectiveness and distribution 
                of funds to foreign countries for wildlife 
                trafficking assistance.
                  (C) Update the 2012 strategy of the 
                Department of State and the United States 
                Agency for International Development to 
                integrate information systems from the 
                Department of Defense and other relevant 
                Federal agencies that can provide further 
                expertise on transnational crime networks 
                involved in wildlife trafficking.
                  (D) Carry out a follow-up initiative on the 
                National Intelligence Estimate regarding 
                wildlife trafficking security threats that 
                incorporates the Department of Defense and the 
                potential role of the military and intelligence 
                community in combating wildlife trafficking.
                  (E) Combine data from the Department of 
                Defense, the Department of State, the United 
                States Agency for International Development, 
                the Fish and Wildlife Service of the Department 
                of the Interior, and the National Marine 
                Fisheries Service of the Department of Commerce 
                for a more successful international information 
                system relating to wildlife trafficking.
                  (F) Investigate technologies that the 
                Department of Defense can supply to foreign 
                governments to combat poaching and submit to 
                the President a report on progress to achieve 
                this objective.
          (4) Definitions.--In this subsection:
                  (A) Strategy.--The term ``Strategy'' means 
                the National Strategy for Combating Wildlife 
                Trafficking developed and implemented pursuant 
                to Executive Order 13648 (78 Fed. Reg. 40619; 
                relating to combating wildlife trafficking).
                  (B) Task force.--The term ``Task Force'' 
                means Presidential Task Force on Wildlife 
                Trafficking established pursuant to section 2 
                of Executive Order 13648.
                  (C) Wildlife trafficking.--The term 
                ``wildlife trafficking'' has the meaning given 
                the term in section 1 of Executive Order 13648.
  (b) Incorporating Wildlife Trafficking as a United States 
National Security Concern.--The President shall take such 
actions as may be necessary to--
          (1) expand the Strategy to Combat Transnational 
        Organized Crime (July 2011) to cover wildlife 
        trafficking terrorist and insurgent networks and 
        authorize the consideration of such networks as a 
        security priority;
          (2) authorize the Department of Defense to evaluate 
        wildlife trafficking as a non-traditional security 
        issue that threatens United States national security 
        and require the Department of Defense to submit to 
        Congress a report regarding progress during and the 
        results after evaluating the threat of wildlife 
        trafficking as a non-traditional human security issue;
          (3) authorize the Department of Defense to establish 
        and carry out a grant program to transfer excess 
        defense articles to allied countries that are combating 
        wildlife trafficking;
          (4) authorize the Department of Defense to target 
        financial and asset flows of organized criminal 
        syndicates, insurgents, and terrorist networks that are 
        involved in any aspect of wildlife trafficking; and
          (5) authorize the expansion of security cooperation 
        programs to include funds for wildlife trafficking 
        training and equipment.
  (c) Additional Programs Under Training and Education.--
          (1) Regional defense combating terrorism fellowship 
        program.--The Secretary of Defense shall ensure that 
        the Regional Defense Combating Terrorism Program 
        includes instruction on targeting the security threats 
        of terrorist groups engaged in illegal wildlife 
        trafficking.
          (2) Partnership for integrated logistics operations 
        and tactics.--The Secretary of Defense shall expand the 
        Partnership for Integrated Logistics Operations and 
        Tactics to build long-term operational logistics 
        between the Armed Forces of the United States and the 
        Afghan Security Forces to include cooperation for 
        operations combating wildlife trafficking networks.
                              ----------                              


 6. An Amendment To Be Offered by Representative Daines of Montana or 
                 His Designee, Debatable for 10 Minutes

  Page 515, strike lines 19 and 20.
                              ----------                              


7. An Amendment To Be Offered by Representative Lamborn of Colorado or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XXVIII, add the following 
new section:

SEC. 28__. SENSE OF CONGRESS ON NATIONAL SECURITY AND PUBLIC LANDS.

  It is the sense of Congress that--
          (1) national defense should be the top priority for 
        all aspects of the Federal Government; and
          (2) national security functions, such as military 
        training and exercises, should be the top priority, 
        particularly with regard to the use of land owned by 
        the United States.

                                  
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