[House Report 109-459]
[From the U.S. Government Publishing Office]



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

SEC. 1__. 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 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. 28__. 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 
referred 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).
                              ----------                              


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. 7__. 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 Jackson-Lee 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 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. 12__. 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.
                              ----------                              


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. 10__. 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 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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