49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–459 

PROVIDING FOR CONSIDERATION OF H.R. 5122, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2007 

MAY 9, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. COLE of Oklahoma, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 806] 

The Committee on Rules, having had under consideration House 

Resolution 806, 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. 5122, the National Defense Authorization Act for Fiscal Year 2007, under a 

structured rule. The rule provides one hour of general debate 

equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. The rule waives 

all points of order against consideration of the bill. 

The rule provides that the amendment in the nature of a substitute recommended by the Committee on Armed Services now 

printed in the bill shall be considered as an original bill for the 

purpose of amendment and shall be considered as read. The rule 

waives all points of order against the amendment in the nature of 

a substitute recommended by the Committee on Armed Services. 

The rule makes in order only those amendments printed in this 

report. The rule provides that the amendments printed in this report 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 rule waives all points of order against 

those amendments printed in this report. 

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Finally, the rule provides that, after disposition of the amendments printed in this report, the Committee of the Whole shall rise 

without motion and no further consideration of the bill shall be in 

order except by a subsequent order of the House. 

EXPLANATION OF WAIVERS

The rule waives all points of order against the bill, against consideration of the bill, and against the Committee on Armed Services’ amendment in the nature of a substitute. The Committee anticipates that the waiver includes: a waiver of clause 3(e) of Rule 

XIII, requiring the inclusion of a comparative print of any part of 

the bill or joint resolution proposing to amend the statute and of 

the statute or part thereof proposed to be amended; a waiver of section 303 of the Congressional Budget Act, prohibiting consideration 

of legislation, as reported, providing new budget authority, change 

in revenues, change in public debt, new entitlement authority, or 

new credit authority for a fiscal year until the budget resolution for 

that year has been agreed to; and a waiver of clause 4(a) of rule 

XIII (requiring a three-day layover of the committee report). 

The Committee is not aware of any points of order that lay 

against the amendments made in order in this report. The waiver 

of all points of order against consideration of the amendments is 

prophylactic in nature. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Hunter (CA): Manager’s Amendment. Adds a section to add $4M for Call for Fire Trainer/Joint fires and Effects Trainer with 

an offset of $4M from Joint Tactical Radio System. Adds a section 

to add $6M to the Air Force Science Engineering Lab Data Integration with and offset of $6M from Information and Communications 

Technology PE 062301E. Adds an exception for the Non-Line of 

Sight Cannon System from the requirement in section 346 subsection (c). Adds a section requiring the Secretary of Defense to 

submit a report on means to improve retention of members of the 

special operations forces. Strikes and replaces Section 662 requiring the Secretary of Defense to conduct a pilot project for disabled 

persons accessible golf carts at military golf courses. Incorporates 

a technical correction to the TRICARE effective dates in section 

704 and 709 of the bill. Adds section conveying Army Reserve Center land in Allison Park, PA, to the local school district. Strikes sections 2853, 2854, 2855. (10 minutes) 

2. Andrews (NJ): Requires the Secretary of Defense to perform 

an epidemiological study to determine whether any human populations have been affected by military munitions ocean disposal 

sites. (10 minutes) 

3. Davis (CA)/Harman (CA)/Sanchez, Loretta (CA): Lifts the current ban on privately funded abortions at U.S. military facilities 

overseas. (20 minutes) 

4. Jackson-Lee (TX): Clarifies the factors that must be taken into 

consideration when recalling a reservist to service to include the 

frequency of assignment over the duration of a reservist’s career. 

(10 minutes) 

5. Tanner (TN): Expresses a Sense of Congress that the Army 

should continue to evaluate and consider the potential benefits of 

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converting to six-month deployments for members of the Army, 

Army National Guard, and Army Reserves in connection with service in Iraq and Afghanistan, including potential impacts on the reduced deployment periods on soldier morale, recruiting and retention, readiness, and military operations. Requires the Secretary of 

the Army to submit a report to Congress containing: (1) The results 

of any studies conducted on soldiers and families regarding reduced 

deployment periods in Iraq and Afghanistan; (2) The Army’s potential plans for the implementation of such reduced deployment periods; and (3) A discussion of the potential benefits and drawbacks 

associated with implementation of such reduced deployment times. 

(10 minutes) 

6. Franks (AZ): Makes certain findings concerning humanitarian 

support for Iraqi children in urgent need of medical care. Authorizes, within the amount provided in section 301 for Operation and 

Maintenance, $1 million for DoD support of the Peace Through 

Health Care Initiative, and reduces by $1 million the amount provided for Budget Activity 4. (10 minutes) 

7. Simmons (CT)/Davis, Tom (VA): Prevents DoD from revoking 

expired security clearances from defense contractors until an investigation moratorium and backlog is eliminated. Does not change 

the security clearance investigation process or prevent the department from revoking security clearances for national security purposes. (10 minutes) 

8. Gutknecht (MN)/Kline (MN)/Peterson (MN)/Ramstad (MN)/ 

Oberstar (MN)/McCollum (MN)/Kennedy (MN)/Sabo (MN): Sense of 

Congress that the Secretary of the Army should promptly correct 

the pay inequity in its assignment incentive pay system. Depending on method of call to active duty, some Guardsmen and Reservists serving in the same unit in Iraq and Afghanistan will be eligible for assignment incentive pay ($1,000 extra per month) after 

reaching 730 days on active duty, while others will not. The Army 

must submit to Congress within 30 days after enactment a report 

specifying how many soldiers, both active and reserve, were affected by this pay disparity and proposed remedies or courses of action to correct the inequity. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title I (page 22, after line 21), insert 

the following new section: 

SEC. 115. FUNDING FOR CALL FOR FIRE TRAINER/JOINT FIRES AND 

EFFECTS TRAINER SYSTEM. 

(a) IN GENERAL.—The amount provided in section 101(5) for 

Other Procurement, Army, is hereby increased by $4,000,000, to be 

available for a Call for Fire Trainer II/Joint Fires and Effects 

Trainer System (JFETS) under Line 161 Training Devices, Nonsystem (NA0100). 

(b) OFFSET.—The amount provided in section 201(1) for Research, 

Development, Test, and Evaluation, Army, is hereby reduced by 

$4,000,000, to be derived from the Joint Tactical Radio System account (Program Element 0604280A). 

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At the end of title I (page 40, after line 23), insert the following 

new section: 

SEC. 1ll. AIR FORCE PROGRAM. 

(a) SCIENCE ENGINEERING LAB DATA INTEGRATION.—The amount 

provided in section 103 for Other Procurement, Air Force, is hereby 

increased by $6,000,000, to be available for Science Engineering 

Lab Data Integration (SELDI) at the Ogden Air Logistics Center, 

Utah. 

(b) OFFSET.—The amount provided in section 201(4) for Research, 

Development, Test, and Evaluation, Defense-wide, is hereby reduced by $6,000,000, to be derived from Information and Communications Technology (Program Element 0602301E). 

At the end of section 346 (page 98, after line 11) insert the following new subsection: 

(e) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON SYSTEM.—This 

section does not apply with respect to the obligation of funds for 

systems development and demonstration of the non-line-of-sight 

cannon system. 

At the end of subtitle D of title VI (page 229, after line 16), insert 

the following new section: 

SEC. 6xx. STUDY ON RETENTION OF MEMBERS OF THE ARMED 

FORCES WITHIN SPECIAL OPERATIONS COMMAND. 

Not later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on means to improve 

retention of members of the Armed Forces who have a special operations forces designation. The report shall include the following: 

(1) The effect on retention of such members if special pays 

were included in the computation of retired pay for those members with a minimum of 48 months of Hostile Fire Pay (consecutive or nonconsecutive) at the time of retirement. 

(2) Information on the cost of training of members of the 

Armed Forces who have a special operations forces designation, 

with such information displayed separately for each such designation and shown as aggregate costs of training for such 

members at the 4-year, 8-year, 12-year, 16-year, and 20-year 

points of service. 

(3) A statement, in the case of members of the Armed Forces 

with a special operations forces designation who have been deployed at least twice, of the average amount spent on special 

operations unique training, both predeployment and during deployment. 

(4) For each component of the United States Special Operations Command, an estimate of when the assigned strength of 

that component will be not less than 90 percent of the authorized strength of that component, taking into account anticipated growth that is mentioned in the most recent Quadrennial Defense Review. 

(5) The average amount of time a member of the Armed 

Forces with a special operations forces designation is deployed 

to areas that warrant Hostile Fire Pay. 

(6) The percentage of members of the Armed Forces with a 

special operations forces designation who have accumulated 

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over 48 months of Hostile Fire Pay and the percentage who 

have accumulated over 60 months of such pay. 

Strike section 662 (page 235, line 20, through page 236, line 18) 

and insert the following new section: 

SEC. 662. PILOT PROJECT FOR PROVISION OF GOLF CARTS ACCESSIBLE FOR DISABLED PERSONS AT MILITARY GOLF 

COURSES. 

(a) PILOT PROJECT REQUIRED.—The Secretary of Defense shall 

conduct a pilot project at a significant number of military golf 

courses, to be selected by the Secretary, for the purpose of developing— 

(1) an implementation strategy to make available, as soon as 

practicable at all military golf courses in the United States, an 

adequate supply of golf carts that are accessible for disabled 

persons authorized to use such courses; and 

(2) a Department-wide campaign to increase the awareness 

among such disabled persons of the availability of accessible 

golf carts and to promote the use of military golf courses by 

such disabled persons. 

(b) REQUIRED NUMBER OF ACCESSIBLE GOLF CARTS.— The Secretary shall provide at least two accessible golf carts at each pilot 

project location. 

(c) PILOT PROJECT LOCATIONS.—The military golf courses selected 

to participate in the pilot project shall be geographically dispersed, 

except that at least one of the military golf courses shall be in the 

Washington metropolitan area. The Secretary may not select a 

military golf course to participate in the pilot project if that military golf course already has golf carts that are accessible for disabled persons. 

(d) DEPARTMENT OF DEFENSE HEALTH CARE AWARENESS.—Military medical treatment facilities shall provide information to patients about the pilot project and the availability of accessible golf 

carts at military golf courses participating in the pilot project and 

at other military golf courses that already provide accessible golf 

carts. 

(e) DURATION.—The Secretary shall conduct the pilot project for 

a minimum of one year. 

(f) REPORT REQUIRED.—Not later than 180 days after the conclusion of the pilot project, the Secretary shall submit a report to Congress containing the results of the project and the recommendations of the Secretary regarding how to make an adequate supply 

of accessible golf carts available at all military golf courses in the 

United States. 

Page 241, line 6, strike ‘‘December 31, 2007’’ and insert ‘‘October 

1, 2007’’. 

Page 249, line 12, strike ‘‘Section’’ and insert ‘‘Effective October 

1, 2007, section’’. 

Page 249, line 14, strike ‘‘The’’ and insert ‘‘Effective October 1, 

2007, the’’. 

At the end of subtitle D of title XXVIII (page 504, after line 7), 

insert the following new section: 

SEC. 28ll. LAND CONVEYANCE, NORTH HILLS ARMY RESERVE CENTER, ALLISON PARK, PENNSYLVANIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the North Allegheny School District (in this section reVerDate Aug 31 2005 05:43 May 10, 2006 Jkt 049008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459.XXX HR459
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ferred to as the ‘‘School District’’) all right, title, and interest of the 

United States in and to a parcel of real property consisting of approximately 11.15 acres and containing the North Hills Army Reserve Center in Allison Park, Pennsylvania, for the purpose of permitting the School District to use the property for educational and 

recreational purposes and for parking facilities related thereto. 

(b) CONSIDERATION.—The Secretary may waive any requirement 

for consideration in connection with the conveyance under subsection (a) if the Secretary determines that, were the conveyance 

of the property to be made under subchapter III of chapter 5 of title 

40, United States Code, for the same purpose specified in subsection (a), the conveyance could be made without consideration. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a) is not 

being used in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to all 

or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the 

right of immediate entry onto the property. Any determination of 

the Secretary under this subsection shall be made on the record 

after an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

School District to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the School District in 

advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 

Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the School District. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by 

the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

Strike sections 2853, 2854, and 2855 (page 506, line 1, through 

page 510, line 16). 

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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ANDREWS

OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 312, insert after subsection (d) (page 63, after line 9) 

the following new subsection (e) (and redesignate existing subsection (e) as subsection (f)): 

(e) EPIDEMIOLOGICAL STUDY ON HUMAN POPULATIONS.—The Secretary shall conduct an epidemiological study on human populations in the vicinity of military munitions disposal sites within 

covered United States ocean waters for the purpose of determining 

whether people have been affected by the presence of military munitions in these waters. The Secretary shall include the results of 

the study in the report referred to in subsection (a)(4). 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 20 MINUTES

Add at the end of title VII the following new section: 

SEC. 7ll. LIMITING RESTRICTION OF USE OF DEPARTMENT OF DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS TO 

FACILITIES IN THE UNITED STATES. 

Section 1093(b) of title 10, United States Code, is amended by inserting ‘‘in the United States’’ after ‘‘Defense’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSONLEE OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 117, after line 6, add the following new subparagraph (B) 

(and redesignate existing subparagraphs (B) and (C) accordingly): 

‘‘(B) the frequency of assignments during service career;’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TANNER OF

TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle D of title V (page 131, after line 20), add 

the following new section: 

SEC. 534. REPORT ON USING SIX-MONTH DEPLOYMENTS FOR OPERATION ENDURING FREEDOM AND OPERATION IRAQI 

FREEDOM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Army should continue to further evaluate and consider— 

(1) the potential benefits of converting to six-month overseas 

deployments for members of the Army, including members of 

the Army National Guard and the Army Reserve, in connection 

with Operation Enduring Freedom and Operation Iraqi Freedom; and 

(2) the potential impacts of such reduced deployment periods 

on morale, recruiting, retention, readiness, and the conduct of 

military operations. 

(b) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of the Army shall submit 

to Congress a report containing— 

(1) the results of any surveys conducted with soldiers and 

their dependents by the Department of the Army regarding the 

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proposal to reduce deployment times for members of the Army 

in connection with Operation Enduring Freedom and Operation Iraqi Freedom to a maximum of six months; 

(2) potential plans for the Department to implement such reduced deployment times; 

(3) a discussion of potential benefits associated with implementation of such reduced deployment times, such as improved 

members and family morale and increased recruiting and retention; and 

(4) a discussion of potential drawbacks associated with implementation of such reduced deployment times, such as impacts on readiness, the conduct of operations, and forecasted 

additional costs. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKS OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title XII (page 419, after line 7), insert the following new section: 

SEC. 12ll. HUMANITARIAN SUPPORT FOR IRAQI CHILDREN IN URGENT NEED OF MEDICAL CARE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Secretary of Defense has discretionary authority to 

permit space-available travel on military aircraft for various 

reasons, including humanitarian purposes. 

(2) Recently, 110 Iraqi children journeyed 22 hours by bus 

from Baghdad, Iraq, to Amman, Jordan, for urgently needed 

oral/facial surgery. While traveling, armed insurgents stopped 

and boarded the children’s bus, raising serious questions about 

the safety of further travel by ground. 

(3) Pursuant to the Secretary’s discretionary authority referred to in paragraph (1), the Secretary authorized the Iraqi 

children to travel on military aircraft for their return trip from 

Amman to Baghdad. 

(4) The Secretary is to be commended for his initiative in 

providing for the safe return of these children to Iraq by military aircraft. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should continue to provide space-available 

travel on military aircraft for humanitarian reasons to Iraqi children who would otherwise have no means available to seek urgently needed medical care such as that provided by a humanitarian organization in Amman, Jordan. 

(c) FUNDING SUPPORT.—Within the amount provided in section 

301 for Operation and Maintenance, Defense-wide— 

(1) $1,000,000 shall be available only for Department of Defense support of the Peace Through Health Care Initiative; and 

(2) the amount provided for Budget Activity 4 is reduced by 

$1,000,000. 

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7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SIMMONS

OF CONNECTICUT, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X (page 393, after line 23), insert the following 

new section: 

SEC. 10ll. AUTHORIZATION TO EXPIRE CLEARANCES REVOKED. 

(a) PROHIBITION ON EXPIRED CLEARANCES.—No security clearance granted by the Department of Defense that has been requested to be renewed, based on a requirement for periodic reinvestigation, shall be permitted to expire until the Secretary of Defense 

certifies to the congressional defense committees and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of 

Representatives that— 

(1) the Defense Security Service has continued to accept industry requests for new personnel security clearances and periodic reinvestigations; and 

(2) the Defense Security Service has fully funded its requirement for fiscal year 2007 security clearances and taken steps 

to eliminate its backlog of requests for security clearance and 

periodic investigations by September 20, 2008. 

(b) EXCEPTION TO PROHIBITION.—The prohibition in subsection 

(a) shall not apply if the Secretary of Defense determines that sufficient cause exists to revoke a security clearance, that has been requested to be renewed, based on other requirements of law or Department of Defense policy or regulations. 

(c) DURATION OF PROHIBITION.—The prohibition on expired clearances authorized by this section expires on September 30, 2008. 

(d) RULE OF CONSTRUCTION.—Nothing in this section alters the 

process in effect as of the date of the enactment of this Act for security clearances and periodic investigations. 

(e) DEFINITION.—In this section, the term ‘‘backlog’’ means the 

body of industry requests for new personnel security clearances and 

periodic reinvestigations that have not yet been completed or that 

have not yet been opened for investigation. 

(f) REPORTS.—The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report detailing 

the actions required by subsection (a)(2) no later than September 

30, 2007. A final report shall be submitted no later than September 

30, 2008. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BUTKNECHT OF MINNESOTA, OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of subtitle B of title VI (page 220, after line 8), add 

the following new section: 

SEC. 624. ELIMINATION OF INEQUITY IN ELIGIBILITY AND PROVISION 

OF ASSIGNMENT INCENTIVE PAY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Army should promptly correct the pay inequity in 

the provision of assignment incentive pay under section 307a of 

title 37, United States Code, to members of the Army National 

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Guard and the Army Reserve serving on active duty in Afghanistan 

and Iraq that arose from the disparite treatment between— 

(1) those members who previously served under a call or 

order to active duty under section 12302 of title 10, United 

States Code, and who are eligible for assignment incentive pay; 

and 

(2) those members who previously served under a call or 

order to active duty under section 12304 of such title and who 

are currently ineligible for assignment incentive pay. 

(b) REPORT REQUIRED.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of the Army shall submit 

to Congress a report— 

(1) specifying the number of members of the Army National 

Guard and the Army Reserve adversely affected by the disparate treatment afforded to members who previously served 

under a call or order to active duty under section 12304 of title 

10, United States Code, in determining eligibility for assignment incentive pay; and 

(2) containing proposed remedies or courses of action to correct this inequity, including allowing time served during a call 

or order to active duty under such section 12304 to count toward the time needed to qualify for assignment incentive pay. 

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