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# Legislative Bulletin..................................................\..........August 3, 2007

**Contents:**

> **H.R. 3222 -- PART I** -- Department of Defense Appropriations Act,
> 2008

H.R. 3222, the Department of Defense Appropriations Act, 2008 (sponsored
by Rep. Murtha, D-PA), is scheduled to be considered on the House floor
today, Friday, August 3, 2007, presumably subject to an open rule ([**H.
Res. 596**](http://www.congress.gov/cgi-lis/bdquery/z?d110:H.RES.596:)),
making in order any germane amendment under the five-minute rule. The
rule allows one motion to recommit with or without instructions.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, and allows the Chair to
postpone consideration of the legislation at any time during its
consideration. The rule also waives the no-authorizing-on-appropriations
point of order against provisions in the underlying bill.

Reports indicate that the Rules Committee may report a different rule
for this bill, structuring and thus limiting amendment debate. The RSC
will send an updated Legislative Bulletin, as necessary.

[Note]{.underline}: The summaries below are based on RSC staff's review
of *actual amendment text*. For a summary of the underlying bill, see a
separate RSC document released earlier today.

**RSC Staff Contacts**: Andy Koenig; <andy.koenig@mail.house.gov>;
202-226-1760

**Amendments Pre-Filed in the Congressional Record**

***1. Carnahan (D-MO).*** Decreases funds for DoD's department-wide
operations and maintenance budget by \$10 million (from \$22.343 billion
to \$22.333 billion) and increases funds for DoD Health Program's
research and development budget by \$10 million (from \$453 million to
\$463 million).

**2. Stearns (R-FL).** Increases funds for the Air Force's research,
development, test, and evaluation budget by \$200 million (from \$26.164
billion to \$26.364 billion) and decreases funds for the National
Defense Sealift Fund by \$200 million (from \$2.489 billion to \$2.289
billion). The Sealift program provides construction and conversion of
vessels for ocean transportation to DoD.

**3. Rogers (R-MI).** Prohibits funds from being used for the National
Drug Intelligence Center (NDIC). The NDIC was created in the Department
of Defense Appropriations Act of 1993 and placed under the direction of
the Attorney General in order to "coordinate and consolidate drug
intelligence from all national security and law enforcement agencies."
According to the sponsor's office, the NDIC "duplicates the work of the
DEA's El Paso Intelligence Center, which is located at the frontlines of
the drug war along the Mexican-American border. It also duplicates work
being done by the FBI and other DOJ departments."

**4. Issa (R-CA).** Prohibits funds from being used to disclose the
aggregate amount of appropriated funds for the National Intelligence
Program. According to the sponsor's office, "the budget total for the
National Intelligence Program is now authorized to be made public in a
provision that was included in the conference report to HR 1." The
amendment would prevent the Intelligence portion of the DoD
Appropriations bill to be made public.

**5. Davis (R-VA).** Requires that "adequate infrastructure" be in place
before the Secretary of Defense spends more than \$500,000 on any single
DoD relocation into the National Capital Region (Washington, D.C. area).
According to the current language, the Secretary may waive the \$500,000
limit on relocation of an organization, unit, activity or function of
the DoD only if it is "in the best interest of the government."

**6. Walberg (R-MI).** Prohibits funds from being used to award a grant
or contract based on the race, ethnicity, or sex of the grant applicant
or prospective contractor.

***7. Del. Bordallo (D-GU).*** Inserts clarifying language into section
8071, which requires that alcoholic beverages on military installations
be purchased in the state where the base is located. The amendment would
allow alcoholic beverages purchased on military installations in the
District of Columbia to be produced in any U.S. territory. (According to
the sponsor's office, this amendment will not be offered).

**8. Rogers (R-MI).** Increases funds for the "Former Soviet Union
Threat Reduction Account" by \$45 million (from \$398 million to \$443
million) and decreases funds for in the Army's budget for chemical
agents and munitions destruction (from \$1.455 billion to \$1.41
billion). According to the sponsor's office, "because of the Cooperative
Threat Reduction (CTR) program's success in destroying nuclear and
chemical weapons in Russia and former states of the Soviet Union, the
program is poised to expand to other parts of the world." The bill
currently directs \$7 million to new CTR program expansion.

**9. Sessions (R-TX).** Strikes the language in the underlying bill
(Section 213) that would prohibit the Administration's public-private
competition initiative for depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles. (otherwise known as "competitive sourcing" or
"OMB Circular A-76"). 

**10. Sessions (R-TX).** Strikes the language in the underlying bill
(Section 524) that would impose limitations on the Administration's
public-private competition initiative for certain government services
(otherwise known as "competitive sourcing" or "OMB Circular A-76"). 

***11. Moore (D-WI).*** Increases and then decreases funds for the
office of the Department of Defense's Inspector General by \$500,000.
Amendments such as this are often intended to redirect funds within the
program. (According to the sponsor's office, this amendment will not be
offered).

***12. Moore (D-WI).*** Increases and then decreases funds for the
office of the Department of Defense's defense-wide "Operations and
Maintenance" by \$2,000,000. Amendments such as this are often intended
to redirect funds within the program. (According to the sponsor's
office, this amendment will not be offered).

***13. Moore (D-WI).*** Increases funds for the office of the Department
of Defense's department-wide "Operations and Maintenance" by
\$2,000,000. Increases and then decreases funds for the office of the
DoD's defense-wide "Research, Development, Test and Evaluation" by
\$2,000,000. Amendments such as this are often intended to redirect
funds within the program. (According to the sponsor's office, this
amendment will not be offered).

***14. Moore (D-WI).*** Increases funds for the office of the Department
of Defense's defense-wide "Operations and Maintenance" by \$2,000,000
and decreases funds for Department of Defense's defense-wide "Research,
Development, Test and Evaluation" by \$2,000,000. Amendments such as
this are often intended to redirect funds within the program. (According
to the sponsor's office, this amendment will not be offered).

**15. Castle (R-DE).** Prohibits funds from being used by the Department
of Defense to award a contract in an amount greater than \$5,000,000 to
any entity that does not have in place an internal ethics compliance
program.

**16. Castle (R-DE).** Inserts language that requires funds made
available under title II (regarding Army operation and maintenance) be
used to credit members of the Armed Forces one additional day of leave
for every month of their most recent deployment. According to the
sponsor's office, "under the current Pentagon policies, all members of
the Armed Forces, including those serving in the Guard and Reserve,
receive 2.5 days of leave time per month - regardless of whether they
are deployed in a combat zone or back in the U.S. at their home base."
This amendment would extend that leave by one day per month deployed.

**17. Campbell (R-CA).** Prohibits funds under the "Research,
Development, Test and Evaluation" heading from being used for the
Swimmer Detection Sonar Network.

**18. Campbell (R-CA).** Prohibits funds under the "Research,
Development, Test and Evaluation" heading from being used for the Paint
Shield for Protecting from Microbial Threats.

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