H. R. 4613—37
SEC. 8070. Hereafter, funds appropriated for Operation and
maintenance and for the Defense Health Program in this Act,
and in future appropriations acts for the Department of Defense,
for supervision and administration costs for facilities maintenance
and repair, minor construction, or design projects, or any planning
studies, environmental assessments, or similar activities related
to installation support functions, may be obligated at the time
the reimbursable order is accepted by the performing activity: Pro-
vided, That for the purpose of this section, supervision and adminis-
tration costs includes all in-house Government cost.
SEC. 8071. (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. 8072. 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.
SEC. 8073. 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 Foreign 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. 8074. None of the funds made available in this Act may
be used to approve or license the sale of the F–22 advanced tactical
fighter to any foreign government.
SEC. 8075. (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
H. R. 4613—38
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. 8076. (a) PROHIBITION.—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) MONITORING.—The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training 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) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—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
extraordinary 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. 8077. (a) The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental and medical equipment of
the Department of Defense, at no cost to the Department of Defense,
to Indian Health Service facilities and to federally-qualified health
centers (within the meaning of section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B))).
(b) In carrying out this provision, the Secretary of Defense
shall give the Indian Health Service a property disposal priority
equal to the priority given to the Department of Defense and
its twelve special screening programs in distribution of surplus
dental and medical supplies and equipment.
SEC. 8078. 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
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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. 8079. 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. 8080. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any advanced concept tech-
nology demonstration project may only be obligated 30 days after
a report, including a description of the project, the planned acquisi-
tion 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 congres-
sional defense committees that it is in the national interest to
do so.
SEC. 8081. 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. 8082. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attrib-
utable to official Government travel arranged by Government Con-
tracted 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.
SEC. 8083. (a) REGISTERING FINANCIAL MANAGEMENT INFORMA-
TION
TECHNOLOGY
SYSTEMS
WITH
DOD CHIEF
INFORMATION
OFFICER.—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 technology system shall be
considered a mission critical or mission essential information tech-
nology system as defined by the Under Secretary of Defense (Comp-
troller).
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
H. R. 4613—40
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Mile-
stone 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) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.—
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval, Mile-
stone 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, at
a minimum, the funding baseline and milestone schedule for
each system covered by such a certification and confirmation
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) DEFINITIONS.—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. 8084. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided further,
That the Secretary of Defense may waive this restriction on a