H. R. 3222—33 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8055. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
one percent of the total appropriation for that account. 
SEC. 8056. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8057. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautern Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautern such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source.
H. R. 3222—34 
SEC. 8058. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so. 
SEC. 8059. Notwithstanding any other provision of law, funds 
available to the Department of Defense in this Act shall be made 
available to provide transportation of medical supplies and equip-
ment, on a nonreimbursable basis, to American Samoa, and funds 
available to the Department of Defense shall be made available 
to provide transportation of medical supplies and equipment, on 
a nonreimbursable basis, to the Indian Health Service when it 
is in conjunction with a civil-military project. 
SEC. 8060. None of the funds made available in this Act may 
be used to approve or license the sale of the F–22A advanced 
tactical fighter to any foreign government. 
SEC. 8061. (a) The Secretary of Defense may, on a case-by- 
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50–65) of the Harmonized Tariff Schedule and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8062. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State 
that the unit has committed a gross violation of human rights, 
unless all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall ensure that prior to a decision to conduct any training
H. R. 3222—35 
program referred to in subsection (a), full consideration is given 
to all credible information available to the Department of State 
relating to human rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with the Sec-
retary of State, may waive the prohibition in subsection (a) if 
he determines that such waiver is required by extraordinary cir-
cumstances. 
(d) Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report 
to the congressional defense committees describing the extraor-
dinary circumstances, the purpose and duration of the training 
program, the United States forces and the foreign security forces 
involved in the training program, and the information relating 
to human rights violations that necessitates the waiver. 
SEC. 8063. None of the funds appropriated or made available 
in this Act to the Department of the Navy shall be used to develop, 
lease or procure the T–AKE class of ships unless the main propul-
sion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that adequate 
domestic supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes 
or there exists a significant cost or quality difference. 
SEC. 8064. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business. 
SEC. 8065. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start advanced 
concept technology demonstration project or joint capability dem-
onstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this restriction 
on a case-by-case basis by certifying to the congressional defense 
committees that it is in the national interest to do so. 
SEC. 8066. The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, 
to the House and Senate Appropriations Committees, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8067. Beginning in the current fiscal year and hereafter, 
refunds attributable to the use of the Government travel card, 
refunds attributable to the use of the Government Purchase Card 
and refunds attributable to official Government travel arranged 
by Government Contracted Travel Management Centers may be 
credited to operation and maintenance, and research, development, 
test and evaluation accounts of the Department of Defense which 
are current when the refunds are received.
H. R. 3222—36 
SEC. 8068. (a) None of the funds appropriated in this Act 
may be used for a mission critical or mission essential financial 
management information technology system (including a system 
funded by the defense working capital fund) that is not registered 
with the Chief Information Officer of the Department of Defense. 
A system shall be considered to be registered with that officer 
upon the furnishing to that officer of notice of the system, together 
with such information concerning the system as the Secretary of 
Defense may prescribe. A financial management information tech-
nology system shall be considered a mission critical or mission 
essential information technology system as defined by the Under 
Secretary of Defense (Comptroller). 
(b)(1) During the current fiscal year, a financial management 
automated information system, a mixed information system sup-
porting financial and non-financial systems, or a system improve-
ment of more than $1,000,000 may not receive Milestone A approval, 
Milestone B approval, or full rate production, or their equivalent, 
within the Department of Defense until the Under Secretary of 
Defense (Comptroller) certifies, with respect to that milestone, that 
the system is being developed and managed in accordance with 
the Department’s Financial Management Modernization Plan. The 
Under Secretary of Defense (Comptroller) may require additional 
certifications, as appropriate, with respect to any such system. 
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under 
paragraph (1). 
(c)(1) During the current fiscal year, a major automated 
information system may not receive Milestone A approval, Milestone 
B approval, or full rate production approval, or their equivalent, 
within the Department of Defense until the Chief Information 
Officer certifies, with respect to that milestone, that the system 
is being developed in accordance with the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may 
require additional certifications, as appropriate, with respect to 
any such system. 
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under 
paragraph (1). Each such notification shall include a statement 
confirming that the following steps have been taken with respect 
to the system: 
(A) Business process reengineering. 
(B) An analysis of alternatives. 
(C) An economic analysis that includes a calculation of 
the return on investment. 
(D) Performance measures. 
(E) An information assurance strategy consistent with the 
Department’s Global Information Grid. 
(d) For purposes of this section: 
(1) The term ‘‘Chief Information Officer’’ means the senior 
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United 
States Code. 
(2) The term ‘‘information technology system’’ has the 
meaning given the term ‘‘information technology’’ in section 
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). 
SEC. 8069. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide