Subtitles B and C of title II, subtitle B of title III, section 359, subtitle H of title V, sections 1017, 1018, and 1077, title XIII, section 1406, and title XXXIII of the John Warner National Defense Authorization Act for Fiscal Year 2007
Public Law 109–364, as amended
Subtitles B and C of title II, subtitle B of title III, section 359, subtitle H of title V, sections 1017, 1018, and 1077, title XIII, section 1406, and title XXXIII of the John Warner National Defense Authorization Act for Fiscal Year 2007
364
118–159
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
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John Warner National Defense Authorization Act for Fiscal Year 2007
Military Construction Authorization Act for Fiscal Year 2007
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
10387
109
2006-10-17
Subtitles B and C of title II, subtitle B of title III, section 359, subtitle H of title V, sections 1017, 1018, and 1077, title XIII, section 1406, and title XXXIII of the John Warner National Defense Authorization Act for Fiscal Year 2007
[(Public Law 109–364, approved Oct. 17, 2006)]
[As Amended Through P.L. 118–159, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 109–364. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
SUBTITLE B—

Program Requirements, Restrictions, and Limitations
* * * * * * *
SEC. 218.
[10 U.S.C. 2358 note]

HYPERSONICS DEVELOPMENT.
(a)

Establishment of Joint Hypersonics Transition Office.—
The Secretary of Defense shall establish within the Office of the Secretary of Defense a Joint Hypersonics Transition Office (in this section referred to as the “Office”). The Office shall carry out the program and activities described in subsections (b) and (c) and shall have such other responsibilities relating to hypersonics as the Secretary shall specify1
^1
So in law. There is no period at the end of subsection (a). See amendment made by section 217(e)(1) of Public Law 116–283.
(b)

University Expertise.—
(1)

Arrangement with institutions of higher education.—
Using the authority specified in section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) or another similar authority, the Office shall seek to enter into an arrangement with one or more institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which such institutions may provide the Office with foundational and applied hypersonic research, development, and workforce support in areas that the Office determines to be relevant for the Department of Defense.
(2)

Availability of information.—
The Office shall ensure that the results of any research and reports produced pursuant to an arrangement under paragraph (1) are made available to the Federal Government, the private sector, academia, and international partners consistent with appropriate security classification guidance.
(c)

Responsibilities.—
The Office shall do the following:
(1)
Expedite testing, evaluation, and acquisition of hypersonic technologies to meet the stated needs of the warfighter, including flight testing, ground-based-testing, and underwater launch testing.
(2)
Ensure prototyping demonstration programs on hypersonic systems integrate advanced technologies to speed the maturation and deployment of future hypersonic systems.
(3)
Ensure that any demonstration program on hypersonic systems is carried out only if determined to be consistent with the roadmap for the relevant critical technology area supportive of the National Defense Strategy, as developed by the senior official with responsibility for such area under section 217 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
(4)
Develop strategies and roadmaps for hypersonic technologies to enable the transition of such technologies to future operational capabilities for the warfighter.
(5)
Develop and implement a strategy for enhancing the current and future hypersonics workforce.
(6)
Coordinate with relevant stakeholders and agencies to support the technological advantage of the United States in developing hypersonic systems.
* * * * * * *
subtitle C—

Ballistic Missile Defense
SEC. 221.

FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be appropriated for fiscal years 2007 and 2008 for research, development, test, and evaluation for the Missile Defense Agency may be used for the development and fielding of ballistic missile defense capabilities.
SEC. 222.

LIMITATION ON USE OF FUNDS FOR SPACE-BASED INTERCEPTOR.
(a)

Limitation.—
No funds appropriated or otherwise made available to the Department of Defense may be obligated or expended for the testing or deployment of a space-based interceptor until 90 days after the date on which a report described in subsection (c) is submitted.
(b)

Space-Based Interceptor Defined.—
For purposes of this section, the term “space-based interceptor” means a kinetic or directed energy weapon that is stationed on a satellite or orbiting platform and that is intended to destroy another satellite in orbit or a ballistic missile launched from earth.
(c)

Report.—
A report described in this subsection is a report prepared by the Director of the Missile Defense Agency and submitted to the congressional defense committees containing the following:
(1)
A description of the essential components of a proposed space-based interceptor system, including a description of how the system proposed would enhance or complement other missile defense systems.
(2)
An estimate of the acquisition and life-cycle cost of the system described under paragraph (1), including lift cost and periodic replacement cost due to depreciation and attrition.
(3)
An analysis of the vulnerability of such a system to counter-measures, including direct ascent and co-orbital interceptors, and an analysis of the functionality of such a system in the aftermath of a nuclear detonation in space.
(4)
A projection of the foreign policy and national security implications of a space-based interceptor program, including the probable response of United States adversaries and United States allies.
[Section 223 was repealed by section 1649(c)(5) of division A of Public Law 118–159.]
* * * * * * *
TITLE III—

OPERATION AND MAINTENANCE
* * * * * * *
subtitle B—

Environmental Provisions
SEC. 313.
[10 U.S.C. 2710 note]

RESPONSE PLAN FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS.
(a)

Performance Goals for Remediation.—
The Secretary of Defense shall set the following remediation goals with regard to unexploded ordnance, discarded military munitions, and munitions constituents:
(1)
To complete, by not later than September 30, 2007, preliminary assessments of unexploded ordnance, discarded military munitions, and munitions constituents at all active installations and formerly used defense sites (other than operational ranges).
(2)
To complete, by not later than September 30, 2010, site inspections of unexploded ordnance, discarded military munitions, and munitions constituents at all active installations and formerly used defense sites (other than operational ranges).
(3)
To achieve, by not later than September 30, 2009, a remedy in place or response complete for unexploded ordnance, discarded military munitions, and munitions constituents at all military installations closed or realigned as part of a round of defense base closure and realignment occurring prior to the 2005 round.
(4)
To achieve, by a date certain established by the Secretary of Defense, a remedy in place or response complete for unexploded ordnance, discarded military munitions, and munitions constituents at all active installations and formerly used defense sites (other than operational ranges) and all military installations realigned or closed under the 2005 round of defense base closure and realignment.
(b)

Response Plan Required.—
(1)

In general.—
Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for addressing the remediation of unexploded ordnance, discarded military munitions, and munitions constituents at current and former defense sites (other than operational ranges).
(2)

Content.—
The plan required by paragraph (1) shall include—
(A)
a schedule, including interim goals, for achieving the goals described in paragraphs (1) through (3) of subsection (a), based upon the Munitions Response Site Prioritization Protocol established by the Department of Defense;
(B)
such interim goals as the Secretary determines feasible for efficiently achieving the goal required under paragraph (4) of such subsection; and
(C)
an estimate of the funding required to achieve the goals established pursuant to such subsection and the interim goals established pursuant to subparagraphs (A) and (B).
(3)

Updates.—
Not later than March 15 of 2008, 2009, and 2010, the Secretary shall submit to the congressional defense committees an update of the plan required under paragraph (1). The Secretary may include the update in the report on environmental restoration activities that is submitted to Congress under section 2706(a) of title 10, United States Code, in the year in which that update is required and may include in the update any adjustment to the remediation goals established under subsection (a) that the Secretary determines necessary to respond to unforeseen circumstances.
(c)

Report on Reuse Standards and Principles.—
Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the efforts of the Department of Defense to achieve agreement with relevant regulatory agencies on appropriate reuse standards or principles, including—
(1)
a description of any standards or principles that have been agreed upon; and
(2)
a discussion of any issues that remain in disagreement, including the impact that any such disagreement is likely to have on the ability of the Department of Defense to carry out the response plan required by subsection (b).
(d)

Definitions.—
In this section:
(1)
The terms “unexploded ordnance” and “operational range” have the meanings given such terms in section 101(e) of title 10, United States Code.
(2)
The terms “discarded military munitions”, “munitions constituents”, and “defense site” have the meanings given such terms in section 2710(e) of such title.
(e)

Conforming Repeal.—
Section 313 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1051; 10 U.S.C. 2706 note) is repealed.
SEC. 314.
[10 U.S.C. 2710 note]

RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS.
(a)

Identification of Disposal Sites.—
(1)

Historical review.—
The Secretary of Defense shall conduct a historical review of available records to determine the number, size, and probable locations of sites where the Armed Forces disposed of military munitions in coastal waters. The historical review shall, to the extent possible, identify the types of munitions at individual sites.
(2)

Cooperation.—
The Secretary shall request the assistance of the Coast Guard, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies in conducting the review required by this subsection.
(3)

Interim reports.—
The Secretary shall periodically, but no less often than annually, release any new information obtained during the historical review conducted under paragraph (1). The Secretary may withhold from public release the exact nature and locations of munitions the potential unauthorized retrieval of which could pose a significant threat to the national defense or public safety.
(4)

Inclusion of information in annual report on environmental restoration activities.—
The Secretary shall include the information obtained pursuant to the review conducted under paragraph (1) in the annual report on environmental restoration activities submitted to Congress under section 2706 of title 10, United States Code.
(5)

Final report.—
The Secretary shall complete the historical review required under paragraph (1) and submit a final report on the findings of such review in the annual report on environmental restoration activities submitted to Congress for fiscal year 2009.
(b)

Identification of Navigational and Safety Hazards.—
(1)

Identification of hazards.—
The Secretary of Defense shall provide available information to the Secretary of Commerce to assist the National Oceanic and Atmospheric Administration in preparing nautical charts and other navigational materials for coastal waters that identify known or potential hazards posed by disposed military munitions to private activities, including commercial shipping and fishing operations.
(2)

Continuation of information activities.—
The Secretary of Defense shall continue activities to inform potentially affected users of the ocean environment, particularly fishing operations, of the possible hazards from contact with disposed military munitions and the proper methods to mitigate such hazards.
(c)

Research.—
(1)

In general.—
The Secretary of Defense shall continue to conduct research on the effects on the ocean environment and those who use it of military munitions disposed of in coastal waters.
(2)

Scope.—
Research under paragraph (1) shall include—
(A)
the sampling and analysis of ocean waters and sea beds at or adjacent to military munitions disposal sites selected pursuant to paragraph (3) to determine whether the disposed military munitions have caused or are causing contamination of such waters or sea beds;
(B)
investigation into the long-term effects of seawater exposure on disposed military munitions, particularly effects on chemical munitions;
(C)
investigation into the impacts any such contamination may have on the ocean environment and those who use it, including public health risks;
(D)
investigation into the feasibility of removing or otherwise remediating the military munitions; and
(E)
the development of effective safety measures for dealing with such military munitions.
(3)

Research criteria.—
In conducting the research required by this subsection, the Secretary shall ensure that the sampling, analysis, and investigations are conducted at representative sites, taking into account factors such as depth, water temperature, nature of the military munitions present, and relative proximity to onshore populations. In conducting such research, the Secretary shall select at least two representative sites each in the areas of the Atlantic coast, the Pacific coast (including Alaska), and the Hawaiian Islands.
(4)

Authority to make grants and enter into cooperative agreements.—
In conducting research under this subsection, the Secretary may make grants to, and enter into cooperative agreements with, qualified research entities.
(d)

Monitoring.—
If the historical review required by subsection (a) or the research required by subsection (c) indicates that contamination is being released into the ocean waters from disposed military munitions at a particular site or that the site poses a significant public health or safety risk, the Secretary of Defense shall institute appropriate monitoring mechanisms at that site and report to the congressional defense committees on any additional measures that may be necessary to address the release or risk, as applicable.
(e)

Definitions.—
In this section:
(1)
The term “coastal waters” means that part of the ocean extending from the coast line of the United States to the outer boundary of the outer Continental Shelf.
(2)
The term “coast line” has the meaning given that term in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).
(3)
The term “military munitions” has the meaning given that term in section 101(e) of title 10, United States Code.
(4)
The term “outer Continental Shelf” has the meaning given that term in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).
SEC. 315.

REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a)

Authority To Reimburse.—
(1)

Transfer amount.—
Using funds described in subsection (b), the Secretary of Defense may transfer not more than $111,114.03 to the Moses Lake Wellfield Superfund Site 10–6J Special Account.
(2)

Purpose of reimbursement.—
The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3)

Interagency agreement.—
The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.
(b)

Source of Funds.—
Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.
(c)

Use of Funds.—
The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 359.
[10 U.S.C. 2567 note]

IMPROVING DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL AUTHORITIES.
(a)

Consultation.—
In the development of concept plans for the Department of Defense for providing support to civil authorities, the Secretary of Defense may consult with the Secretary of Homeland Security and State governments.
(b)

Prepositioning of Department of Defense Assets.—
The Secretary of Defense may provide for the prepositioning of prepackaged or preidentified basic response assets, such as medical supplies, food and water, and communications equipment, in order to improve the ability of the Department of Defense to rapidly provide support to civil authorities. The prepositioning of basic response assets shall be carried out in a manner consistent with Department of Defense concept plans for providing support to civil authorities and section 2229 of title 10, United States Code, as added by section 351.
(c)

Reimbursement.—
To the extent required by section 1535 of title 31, United States Code, or other applicable law, the Secretary of Defense shall require that the Department of Defense be reimbursed for costs incurred by the Department in the prepositioning of basic response assets under subsection (b).
(d)

Military Readiness.—
The Secretary of Defense shall ensure that the prepositioning of basic response assets under subsection (b) does not adversely affect the military preparedness of the United States.
(e)

Procedures and Guidelines.—
The Secretary may develop procedures and guidelines applicable to the prepositioning of basic response assets under subsection (b). * * * * * * *
TITLE V—

MILITARY PERSONNEL POLICY
* * * * * * *
subtitle H—

Impact Aid and Defense Dependents Education System
* * * * * * *
SEC. 572.

CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a)

Assistance to Schools With Significant Numbers of Military Dependent Students.—
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b)

Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations.—
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.
(c)

Local Educational Agency Defined.—
In this section, the term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 19652.
^2
Section 9215(ww) of Public Law 114–95 provides for an amendment to the “National Defense Authorization Act for Fiscal Year 2007” and probably should have been to amend the “John Warner National Defense Authorization Act for Fiscal Year 2007”. The amendment was carried out to reflect the probable intent of Congress.
SEC. 573.

IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
SEC. 574.
[20 U.S.C. 7703b note]

PLAN AND AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES EXPERIENCING GROWTH IN ENROLLMENT DUE TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS.
(a)

Plan Required.—
Not later than January 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a plan to provide assistance to local educational agencies that experience growth in the enrollment of military dependent students as a result of any of the following events:
(1)
Force structure changes.
(2)
The relocation of a military unit.
(3)
The closure or realignment of military installations pursuant to defense base closure and realignment under the base closure laws.
(b)

Elements.—
The report required by subsection (a), and each updated report required by subsection (c), shall include the following:
(1)
An identification, current as of the date of the report, of the total number of military dependent students who are anticipated to be arriving at or departing from military installations as a result of any event described in subsection (a), including—
(A)
an identification of the military installations affected by such arrivals and departures;
(B)
an estimate of the number of such students arriving at or departing from each such installation; and
(C)
the anticipated schedule of such arrivals and departures.
(2)
Such recommendations as the Office of Economic Adjustment of the Department of Defense considers appropriate for means of assisting affected local educational agencies in accommodating increases in enrollment of military dependent students as a result of any such event.
(3)
A plan for outreach to be conducted to affected local educational agencies, commanders of military installations, and members of the Armed Forces and civilian personnel of the Department of Defense regarding information on the assistance to be provided under the plan under subsection (a).
(c)

Transition of Military Dependents Among Local Educational Agencies.—
(1)
The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease the transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.
(2)
The Secretary of Defense may use funds of the Department of Defense Education Activity for the following purposes:
(A)
To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, and force restructuring.
(B)
To provide grant assistance programs for local educational agencies with military dependent students undergoing the transitions described in paragraph (1), including programs on the following:
(i)
Access to virtual and distance learning capabilities and related applications.
(ii)
Training for teachers.
(iii)
Academic strategies to increase academic achievement.
(iv)
Curriculum development.
(v)
Support for practices that minimize the impact of transition and deployment.
(vi)
Other appropriate services to improve the academic achievement of such students.
(d)

Definitions.—
In this section:
(1)
The term “base closure law” has the meaning given that term in section 101 of title 10, United States Code.
(2)
The term “local educational agency” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3)
The term “military dependent students” refers to—
(A)
elementary and secondary school students who are dependents of members of the Armed Forces;
(B)
elementary and secondary school students who are dependents of civilian employees of the Department of Defense; and
(C)
elementary and secondary school students who are dependents of personnel who are not members of the Armed Forces or civilian employees of the Department of Defense but who are employed on Federal property.
SEC. 575.
[10 U.S.C. 1788 note]

PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE EARLY CHILDHOOD EDUCATION FOR DEPENDENT CHILDREN AFFECTED BY MILITARY DEPLOYMENT OR RELOCATION OF MILITARY UNITS.
(a)

Pilot Program Authorized.—
Using such funds as may be appropriated for this purpose, the Secretary of Defense may carry out a pilot program on the provision of educational and support tools to the parents of preschool-age children—
(1)
whose parent or parents serve as members of the Armed Forces on active duty (including members of the Selected Reserve on active duty pursuant to a call or order to active duty of 180 days or more); and
(2)
who are affected by the deployment of their parent or parents or the relocation of the military unit of which their parent or parents are a member.
(b)

Purpose.—
The purpose of the pilot program is to develop models for improving the capability of military child and youth programs on or near military installations to provide assistance to military parents with young children through a program of activities focusing on the unique needs of children described in subsection (a).
(c)

Limits on Commencement and Duration of Program.—
The Secretary of Defense may not commence the pilot program before October 1, 2007, and shall conclude the pilot program not later than the end of the three-year period beginning on the date on which the Secretary commences the program.
(d)

Scope of Program.—
Under the pilot program, the Secretary of Defense shall utilize one or more models, demonstrated through research, of universal access of parents of children described in subsection (a) to assistance under the pilot program to achieve the following goals:
(1)
The identification and mitigation of specific risk factors for such children related to military life.
(2)
The maximization of the educational readiness of such children.
(e)

Locations and Goals.—
(1)

Selection of participating installations.—
In selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those military installations whose military personnel are experiencing significant transition or deployment or which are undergoing transition as a result of the relocation or activation of military units or activities relating to defense base closure and realignment.
(2)

Selection of certain installations.—
At least one of the installations selected under paragraph (1) shall be a military installation that will permit, under the pilot program, the meaningful evaluation of a model under subsection (d) that provides outreach to parents in families with a parent who is a member of the National Guard or Reserve, which families live more than 40 miles from the installation.
(3)

Goals of participating installations.—
If a military installation is selected under paragraph (1), the Secretary shall require appropriate personnel at the military installation to develop goals, and specific outcome measures with respect to such goals, for the conduct of the pilot program at the installation.
(4)

Evaluation required.—
Upon completion of the pilot program at a military installation, the personnel referred to in paragraph (3) at the installation shall be required to conduct an evaluation and assessment of the success of the pilot program at the installation in meeting the goals developed for that installation.
(f)

Guidelines.—
As part of conducting the pilot program, the Secretary of Defense shall issue guidelines regarding—
(1)
the goals to be developed under subsection (e)(3);
(2)
specific outcome measures; and
(3)
the selection of curriculum and the conduct of developmental screening under the pilot program.
(g)

Report.—
Upon completion of the pilot program, 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 all of the evaluations prepared under subsection (e)(4) for the military installations participating in the pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the evaluations, including recommendations for the continuation of the pilot program. * * * * * * *
TITLE X—

GENERAL PROVISIONS
* * * * * * *
subtitle C—

Policy Relating to Vessels and Shipyards
* * * * * * *
SEC. 1017.
[10 U.S.C. 2631 note]

OBTAINING CARRIAGE BY VESSEL: CRITERION REGARDING OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN THE UNITED STATES.
(a)

Acquisition Policy.—
In order to maintain the national defense industrial base, the Secretary of Defense shall issue an acquisition policy that establishes, as a criterion required to be considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage had overhaul, repair, and maintenance work for covered vessels of the offeror performed in shipyards located in the United States.
(b)

Covered Vessels.—
A vessel is a covered vessel of an offeror under this section if the vessel is—
(1)
owned, operated, or controlled by the offeror; and
(2)
qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under sections 12112 and 50501 and chapter 551 of title 46, United States Code.3
^3
Paragraph (2) of subsection (b) (shown above) reflects the amendment made by section 1063(c)(9) of Public Law 110–181 (122 Stat. 323). Section 3526(a) of such Public Law (122 Stat. 601) also amends this paragraph. Paragraph (2), as amended by section 3526(a) of such Public Law, reads as follows:
(2) qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under sections 12112, 50501, and 55102 of title 46, United States Code.
(c)

Application of Policy.—
The acquisition policy shall include rules providing for application of the policy to covered vessels as expeditiously as is practicable based on the nature of carriage obtained, and by no later than June 1, 2007.
(d)

Regulations.—
(1)

In general.—
The Secretary shall prescribe regulations as necessary to carry out the acquisition policy and submit such regulations to the Committees on Armed Services of the Senate and the House of Representatives, by not later than June 1, 2007.
(2)

Interim regulations.—
(A)

In general.—
The Secretary may prescribe interim regulations as necessary to carry out the acquisition policy. For this purpose, the Secretary is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code.
(B)

Submission to congress.—
Upon the issuance of interim regulations under this paragraph, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the interim regulations and a description of the acquisition policy developed (or being developed) under subsection (a).
(C)

Expiration.—
All interim regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire no later than June 1, 2007.
(e)

Annual Report.—
The Secretary, acting through the United States Transportation Command, shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding overhaul, repair, and maintenance performed on covered vessels of each offeror of carriage to which the acquisition policy applies.
(f)

Definitions.—
In this section:
(1)

Foreign shipyard.—
The term “foreign shipyard” means a shipyard that is not located in the United States.
(2)

United states.—
The term “United States” means—
(A)
any State of the United States; and
(B)
Guam.
SEC. 1018.
[10 U.S.C. 2401 note]

RIDING GANG MEMBER REQUIREMENTS.
(a)

In General.—
The Secretary of Defense may not award, renew, extend, or exercise an option to extend any charter of a vessel documented under chapter 121 of title 46, United States Code, for the Department of Defense, or any contract for the carriage of cargo by a vessel documented under that chapter for the Department of Defense, unless the charter or contract, respectively, includes provisions that—
(1)
subject to paragraph (2), allow riding gang members to perform work on the vessel during the effective period of the charter or contract only under terms, conditions, restrictions, and requirements as provided in section 8106 of title 46, United States Code; and
(2)
require that riding gang members hold a merchant mariner's document issued under chapter 73 of title 46, United States Code, or a transportation security card issued under section 70105 of such title.
(b)

Exemption.—
(1)

In general.—
In accordance with regulations issued by the Secretary of Defense, an individual shall not be treated as a riding gang member for the purposes of section 8106 of title 46, United States Code, and this section if—
(A)
the individual is aboard a vessel that is under charter or contract for the carriage of cargo for the Department of Defense, for purposes other than engaging in the operation or maintenance of the vessel; and
(B)
the individual—
(i)
accompanies, supervises, guards, or maintains unit equipment aboard a ship, commonly referred to as supercargo personnel;
(ii)
is one of the force protection personnel of the vessel;
(iii)
is a specialized repair technician; or
(iv)
is otherwise required by the Secretary of Defense to be aboard the vessel.
(2)

Background check.—
(A)

In general.—
This section shall not apply to an individual unless—
(i)
the name and other necessary identifying information for the individual is submitted to the Secretary for a background check; and
(ii)
except as provided in subparagraph (B), the individual successfully passes a background check by the Secretary prior to going aboard the vessel.
(B)

Waiver.—
The Secretary may waive the application of subparagraph (A)(ii) for an individual who holds a merchant mariner's document issued under chapter 73 of title 46, United States Code, or a transportation security card issued under section 70105 of such title.
(3)

Exempted individual not treated as in addition to the crew.—
An individual who, under paragraph (1), is not treated as a riding gang member shall not be counted as an individual in addition to the crew for the purposes of section 3304 of title 46, United States Code.
* * * * * * *
SUBTITLE H—

Other Matters
* * * * * * *
SEC. 1077.
[10 U.S.C. 2671 note]

INCREASED HUNTING AND FISHING OPPORTUNITIES FOR MEMBERS OF THE ARMED FORCES, RETIRED MEMBERS, AND DISABLED VETERANS.
(a)

Access for Members, Retired Members, and Disabled Veterans.—
Consistent with section 2671 of title 10, United States Code, and using such funds as are made available for this purpose, the Secretary of Defense shall ensure that members of the Armed Forces, retired members, disabled veterans, and persons assisting disabled veterans are able to utilize lands under the jurisdiction of the Department of Defense that are available for hunting or fishing.
(b)

Assessment.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of an assessment of those lands under the jurisdiction of the Department of Defense and suitable for hunting or fishing and describing the actions necessary—
(1)
to further increase the acreage made available to members of the Armed Forces, retired members, disabled veterans, and persons assisting disabled veterans for hunting and fishing; and
(2)
to make that acreage more accessible to disabled veterans.
(c)

Recreational Activities on Santa Rosa Island.—
The Secretary of the Interior shall immediately cease the plan, approved in the settlement agreement for case number 96–7412 WJR and case number 97–4098 WJR, to exterminate the deer and elk on Santa Rosa Island, Channel Islands, California, by helicopter and shall not exterminate or nearly exterminate the deer and elk.
* * * * * * *
TITLE XII—

MATTERS RELATING TO FOREIGN NATIONS
* * * * * * *
Subtitle A—

Assistance and Training
* * * * * * *
SEC. 1202.

TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND CERTAIN MILITARY EQUIPMENT TO CERTAIN FOREIGN FORCES FOR PERSONNEL PROTECTION AND SURVIVABILITY.
(a)

Authority.—
(1)

In general.—
Subject to paragraphs (2), (3), and (4), the Secretary of Defense may treat covered military equipment as logistic support, supplies, and services under subchapter I of chapter 138 of title 10, United States Code, for the purpose of providing for the use of such equipment by military forces of a nation participating in combined operations with the United States in Afghanistan or participating in combined operations with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement.
(2)

Required determinations.—
Equipment may be provided to the military forces of a nation under the authority of this section only upon—
(A)
a determination by the Secretary of Defense that the United States forces in the combined operation have no unfilled requirements for that equipment; and
(B)
a determination by the Secretary of Defense, with the concurrence of the Secretary of State, that it is in the national security interest of the United States to provide for the use of such equipment by the military forces of that nation under this section.
(3)

Limitation on use of equipment.—
Equipment provided to the military forces of a nation under the authority of this section may be used by those forces only for personnel protection or to aid in the personnel survivability of those forces and only—
(A)
in Afghanistan;
(B)
in a peacekeeping operation described in paragraph (1); or
(C)
in connection with the training of those forces to be deployed to Afghanistan or a peacekeeping operation described in paragraph (1) for such deployment.
(4)

Limitation on duration of provision of equipment.—
Equipment provided to the military forces of a nation under the authority of this section may be used by the military forces of that nation for not longer than one year.
(5)

Notice and wait on provision of equipment for certain purposes.—
Equipment may not be provided under paragraph (1) in connection with training as specified in paragraph (3)(C) until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees written notice on the provision of such equipment for such purpose.
(b)

Semiannual Reports to Congressional Committees.—
(1)

Use of authority during first six months of fiscal year.—
If the authority provided in subsection (a) is exercised during the first six months of a fiscal year, the Secretary of Defense shall submit to the specified congressional committees a report on that exercise of such authority not later than the following April 30.
(2)

Use of authority during second six months of fiscal year.—
If the authority provided in subsection (a) is exercised during the second six months of a fiscal year, the Secretary of Defense shall submit to the specified congressional committees a report on that exercise of such authority not later than the following October 30.
(3)

Content.—
Each report under paragraph (1) or (2) shall include, with respect to each exercise of the authority provided in subsection (a) during the period covered by the report, the following:
(A)
A description of the basis for the determination of the Secretary of Defense that it is in the national security interests of the United States to provide for the use of covered military equipment in the manner authorized in subsection (a).
(B)
Identification of each foreign force that receives such equipment.
(C)
A description of the type, quantity, and value of the equipment provided to each foreign force that receives such equipment.
(D)
A description of the terms and duration of the provision of the equipment to each foreign force that receives such equipment.that is not returned to the United States, a description of the terms of disposition of the equipment to the foreign force.
(E)
With respect to equipment provided to each foreign force that is not returned to the United States, a description of the terms of disposition of the equipment to the foreign force.
(F)
The percentage of equipment provided to foreign forces under the authority of this section that is not returned to the United States.
(4)

Coordination.—
Each report under paragraph (1) or (2) shall be prepared in coordination with the Secretary of State.
(c)

Limitations on Provision of Military Equipment.—
The provision of military equipment under this section is subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and of any other export control process under laws relating to the transfer of military equipment and technology to foreign nations.
(d)

Definitions.—
In this section:
(1)
The term “covered military equipment” means items designated as significant military equipment in categories I, II, III, VII, XI, and XIII of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(2)
The term “specified congressional committees” means—
(A)
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B)
the Committee on Armed Services and the Committee on International Relations of the House of Representatives.
(e)

Expiration.—
The authority to provide military equipment to the military forces of a foreign nation under this section expires on December 31, 2014.
* * * * * * *
TITLE XIII—

COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
* * * * * * *
SEC. 1301.

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a)

Specification of CTR Programs.—
For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b)

Fiscal Year 2007 Cooperative Threat Reduction Funds Defined.—
As used in this title, the term “fiscal year 2007 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.
(c)

Availability of Funds.—
Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.
SEC. 1302.

FUNDING ALLOCATIONS.
(a)

Funding for Specific Purposes.—
Of the $372,128,000 authorized to be appropriated to the Department of Defense for fiscal year 2007 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:
(1)
For strategic offensive arms elimination in Russia, $76,985,000.
(2)
For nuclear weapons storage security in Russia, $87,100,000.
(3)
For nuclear weapons transportation security in Russia, $33,000,000.
(4)
For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $37,486,000.
(5)
For biological weapons proliferation prevention in the former Soviet Union, $68,357,000.
(6)
For chemical weapons destruction in Russia, $42,700,000.
(7)
For defense and military contacts, $8,000,000.
(8)
For activities designated as Other Assessments/Administrative Support, $18,500,000.
(b)

Report on Obligation or Expenditure of Funds for Other Purposes.—
No fiscal year 2007 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (8) of subsection (a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2007 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.
(c)

Limited Authority to Vary Individual Amounts.—
(1)

In general.—
Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2007 for a purpose listed in any of the paragraphs in subsection (a) in excess of the specific amount authorized for that purpose.
(2)

Notice-and-wait required.—
An obligation of funds for a purpose stated in any of the paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after—
(A)
the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and
(B)
15 days have elapsed following the date of the notification.
(3)

Restriction.—
The Secretary may not, under the authority provided in paragraph (1), obligate amounts for a purpose stated in any of paragraphs (6) through (8) of subsection (a) in excess of 125 percent of the specific amount authorized for such purpose.
* * * * * * *
SEC. 1406.
[10 U.S.C. 113 note]

DATABASE OF EMERGENCY RESPONSE CAPABILITIES.
(a)

Database Required.—
The Secretary of Defense shall maintain a database of emergency response capabilities that includes the following:
(1)
The types of emergency response capabilities that each State's National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements.
(2)
The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan's Emergency Support Functions, and identification of the units that provide these capabilities.
(3)
The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—
(A)
capabilities that can be provided within the State or territory;
(B)
capabilities that can be provided under State-to-State mutual assistance agreements; and
(C)
capabilities for defense support to civil authorities.
(4)
The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.
(b)

Information Required To Keep Database Current.—
In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be reported and included in the database at least once every two years for purposes of keeping the database current. * * * * * * *
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE * * * * * * *
SEC. 3301.

AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a)

Obligation of Stockpile Funds.—
During fiscal year 2007, the National Defense Stockpile Manager may obligate up to $52,132,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive.
(b)

Additional Obligations.—
The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.
(c)

Limitations.—
The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.
* * * * * * *