I
107TH CONGRESS
1ST SESSION
H. R. 1473
To provide for expedited consideration by Congress of supplemental appropria-
tions bills for the Department of Defense and the Coast Guard to
meet critical national security needs.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 2001
Mr. JONES of North Carolina introduced the following bill; which was referred
to the Committee on Rules
A BILL
To provide for expedited consideration by Congress of supple-
mental appropriations bills for the Department of De-
fense and the Coast Guard to meet critical national
security needs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Military
Supplemental Procedures Act’’.
SEC. 2. EXPEDITED CONGRESSIONAL CONSIDERATION OF
CERTAIN DEFENSE SUPPLEMENTAL APPRO-
PRIATIONS BILLS.
(a) QUALIFYING BILL.—This section applies with re-
spect to a qualifying defense supplemental appropriations
bill. For purposes of this section, the term ‘‘qualifying de-
fense supplemental appropriations bill’’ means a bill that
states that the purpose of the bill is to meet critical na-
tional security needs and that otherwise only makes sup-
plemental appropriations for any fiscal year for one or
more of the following purposes:
(1) Operation and maintenance for the Depart-
ment of Defense.
(2) Military personnel for the Department of
Defense.
(3) Procurement of ammunition for the Depart-
ment of Defense.
(4) Procurement for the Department of Defense
(other than ammunition) to replace a loss or expend-
iture of material.
(5) Defense Health Program.
(6) Military construction to repair or replace
structures damaged or destroyed by natural disaster.
(7) Operating expenses of the Coast Guard.
(b) CONSIDERATION IN THE HOUSE OF REPRESENT-
ATIVES.—A motion in the House of Representatives to re-
solve into the Committee of the Whole House on the State
of the Union for consideration of a qualifying defense sup-
plemental appropriations bill reported from the Committee
on Appropriations shall be decided without intervening
motion. A motion to reconsider the vote to resolve into
the Committee of the Whole is not in order. Consideration
of the bill in the Committee of the Whole may not extend
for a period in excess of 10 hours. When the Committee
on the Whole rises and reports the bill to the House, the
previous question shall be considered as ordered on the
bill to final passage without intervening motion except one
motion to recommit with or without instructions. A motion
to reconsider the vote by which the bill is passed is not
in order.
(c) CONSIDERATION IN SENATE.—(1)(A) A quali-
fying defense supplemental appropriations bill shall be
considered in the Senate in accordance with the provisions
of this subsection.
(B) Such a bill received in the Senate from the House
of Representatives shall be held at the desk in the Senate
and may be considered in the Senate only in accordance
with subsection (d). Such a bill introduced in the Senate
shall be referred to the Committee on Appropriations of
the Senate.
(2) If after a period of 10 legislative days after the
date of referral to it of a qualifying defense supplemental
appropriations bill the Committee on Appropriations of
the Senate has not reported the bill, that committee shall
be discharged from further consideration of the bill and
the bill shall be placed on the appropriate calendar.
(3) On or after the third legislative day after the date
on which the Committee on Appropriations has reported,
or has been discharged (under paragraph (2)) from fur-
ther consideration of, a qualifying defense supplemental
appropriations bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any
Member of the Senate to move to proceed to the consider-
ation of the bill. A Member may make the motion only
on the day after the calendar day on which the Member
announces to the Senate the Member’s intention to make
the motion. The motion is privileged and is not debatable.
The motion is not subject to amendment, or to a motion
to postpone, or to a motion to proceed to the consideration
of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to is not in
order. If a motion to proceed to the consideration of the
bill is agreed to, the Senate shall immediately proceed to
consideration of the bill without intervening motion, order,
or other business, and the bill shall remain the unfinished
business of the Senate until disposed of.
(4) Debate on the bill, and on all amendments thereto
and debatable motions and appeals in connection there-
with, shall be limited to not more than a total of 10 hours,
which shall be divided equally between those favoring and
those opposing the bill. A motion to postpone, or a motion
to proceed to the consideration of other business, or a mo-
tion to recommit the bill is not in order.
(5) Debate on any amendment to the bill shall be lim-
ited to two hours, to be equally divided between, and con-
trolled by, the mover and the manager of the bill, and de-
bate on any amendment to an amendment, debatable mo-
tion, or appeal shall be limited to one hour, to be equally
divided between, and controlled by, the mover and the
manager of the bill, except that in the event the manager
of the bill is in favor of any such amendment, motion, or
appeal, the time in opposition thereto shall be controlled
by the minority leader or his designee. No amendment
that is not germane to the provisions of the bill shall be
received.
(6) A motion to further limit debate is not debatable.
A motion to recommit (except a motion to recommit with
instructions to report back within a specified number of
days, not to exceed three, not counting any day on which
the Senate is not in session) is not in order. Debate on
any such motion to recommit shall be limited to one hour,
to be equally divided between, and controlled by, the mover
and the manager of the bill.
(7) Immediately following the conclusion of the de-
bate on the bill and a single quorum call at the conclusion
of the debate if requested in accordance with the rules of
the Senate, the vote on advancing the bill to third reading
shall occur.
(8) A motion to reconsider the vote by which third
reading of the bill is agreed to or disagreed to is not in
order.
(9) Appeals from the decisions of the Chair relating
to the application of the rules of the Senate to the proce-
dure relating to a qualifying defense supplemental appro-
priations bill shall be decided without debate.
(d) ACTION
IN
SENATE
ON
MEASURE
FROM
HOUSE.—If, upon the ordering of the third reading of a
qualifying defense supplemental appropriations bill in the
Senate the Senate has received from the House of Rep-
resentatives a qualifying defense supplemental appropria-
tions bill that is being held at the desk pursuant to sub-
section (c)(1) or, if not, then upon the receipt from the
House of Representatives of a qualifying defense supple-
mental appropriations bill, the following procedures shall
apply:
(1) if the bill received from the House of Rep-
resentatives is identical to the bill as advanced to
third reading by the Senate, the vote on final pas-
sage shall be on the bill of the House of Representa-
tives; and
(2) if the bill received from the House is not
identical to the bill as advanced to third reading by
the Senate—
(A) the bill received from the House shall
be considered as amended with the text and
title (if different) of the bill of the Senate;
(B) the vote on final passage shall be on
the bill of the House of Representatives as so
amended; and
(C) a motion shall be in order to insist on
the amendment or amendments of the Senate
and to request a conference with the House of
Representatives on the disagreeing votes of the
two Houses thereon.
(e) ACTION
IN HOUSE
ON REQUEST
FOR CON-
FERENCE FROM THE SENATE.—Upon receiving from the
Senate a message that the Senate has passed with an
amendment or amendments a qualifying defense supple-
mental appropriations bill and that the Senate insists
upon its amendment or amendments and requests a con-
ference of the two Houses on the disagreeing votes there-
on, the House of Representatives shall be considered to
have disagreed to the amendment or amendments of the
Senate and agreed to the conference requested by the Sen-
ate.
(f) LIMITATION PENDING CONCLUSION
OF CON-
FERENCE.—After a conference on the disagreeing votes of
the two Houses on a qualifying defense supplemental ap-
propriations bill has been agreed to under subsection (e),
it shall not be in order in the Senate or the House of Rep-
resentatives to consider a motion to adjourn that House
for a period of more than three days until the committee
of conference has filed its report.
(g) SENATE ACTION
ON CONFERENCE REPORTS,
ETC.—(1) A motion in the Senate to proceed to the con-
sideration of a conference report on a qualifying defense
supplemental appropriations bill may be made even though
a previous motion to the same effect has been disagreed
to.
(2) During the consideration in the Senate of the con-
ference report (or a message from the House) on quali-
fying defense supplemental appropriations bill, and all
amendments in disagreement, and all amendments there-
to, and debatable motions and appeals in connection there-
with, debate shall be limited to five hours, to be equally
divided between, and controlled by, the majority leader
and minority leader or their designees. Debate on any de-
batable motion or appeal related to the conference report
(or a message between Houses) shall be limited to one
hour, to be equally divided between, and controlled by, the
mover and the manager of the conference report (or a
message from the House).
(3) Should the conference report be defeated in the
Senate, debate on any request for a new conference and
the appointment of conferees shall be limited to one hour,
to be equally divided between, and controlled by, the man-
ager of the conference report and the minority leader or
his designee, and should any motion be made to instruct
the conferees before the conferees are named, debate on
such motion shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover and the
manager of the conference report. Debate on any amend-
ment to any such instructions shall be limited to 20 min-
utes, to be equally divided between and controlled by the
mover and the manager of the conference report. In all
cases when the manager of the conference report is in
favor of any motion, appeal, or amendment, the time in
opposition shall be under the control of the minority leader
or his designee.
(4) In any case in which there are amendments in
disagreement, time on each amendment shall be limited
to 30 minutes, to be equally divided between, and con-
trolled by, the manager of the conference report and the
minority leader or his designee. No amendment that is not
germane to the provisions of such amendments shall be
received.
(h) LEGISLATIVE DAY DEFINED.—For the purposes
of this section, with respect to either House of Congress,
a legislative day is a calendar day on which that House
is in session.
(i) SECTION ENACTED
AS EXERCISE
OF RULE-
MAKING POWER OF THE TWO HOUSES.—The provisions
of this section are enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and, as such, shall be considered as part
of the rules of either House and shall supersede
other rules only to the extent they are inconsistent
therewith; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate to the procedures of that House) at any
time, in the same manner, and to the same extent
as in the case of any other rule of that House.
Æ