H. R. 5010—37
(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. 8081. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program
to distribute surplus dental 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))).
SEC. 8082. The total amount appropriated in this Act is hereby
reduced by $338,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
‘‘Military Personnel, Army’’, $80,000,000;
‘‘Military Personnel, Navy’’, $6,500,000;
‘‘Military Personnel, Marine Corps’’, $11,000,000;
‘‘Military Personnel, Air Force’’, $29,000,000;
‘‘Operation and Maintenance, Army’’, $102,000,000;
‘‘Operation and Maintenance, Navy’’, $21,500,000;
‘‘Operation and Maintenance, Marine Corps’’, $2,000,000;
‘‘Operation and Maintenance, Air Force’’, $46,000,000; and
‘‘Operation and Maintenance, Defense-Wide’’, $40,000,000.
SEC. 8083. 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. 8084. 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. 8085. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
H. R. 5010—38
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 and its estimated
annual and total cost, has been provided in writing to the congres-
sional 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. 8086. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense policies gov-
erning the provision of care provided by and financed under the
military health care system’s case management program under
10 U.S.C. 1079(a)(17), the term ‘‘custodial care’’ shall be defined
as care designed essentially to assist an individual in meeting
the activities of daily living and which does not require the super-
vision of trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management program
shall provide that members and retired members of the military
services, and their dependents and survivors, have access to all
medically necessary health care through the health care delivery
system of the military services regardless of the health care status
of the person seeking the health care: Provided further, That the
case management program shall be the primary obligor for payment
of medically necessary services and shall not be considered as
secondarily liable to title XIX of the Social Security Act, other
welfare programs or charity based care.
SEC. 8087. 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 accounts of the Department of Defense which
are current when the refunds are received.
SEC. 8088. (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
major automated information system 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
H. R. 5010—39
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, 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, 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).
(3) The term ‘‘major automated information system’’ has
the meaning given that term in Department of Defense Direc-
tive 5000.1.
SEC. 8089. 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
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. 8090. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
H. R. 5010—40
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8091. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under 10 U.S.C. 2667, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal
non-profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.
SEC. 8092. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8093. During the current fiscal year and hereafter, under
regulations prescribed by the Secretary of Defense, the Center
of Excellence for Disaster Management and Humanitarian Assist-
ance may also pay, or authorize payment for, the expenses of
providing or facilitating education and training for appropriate mili-
tary and civilian personnel of foreign countries in disaster manage-
ment, peace operations, and humanitarian assistance.
SEC. 8094. (a) The Department of Defense is authorized to
enter into agreements with the Department of Veterans Affairs
and federally-funded health agencies providing services to Native
Hawaiians for the purpose of establishing a partnership similar
to the Alaska Federal Health Care Partnership, in order to maxi-
mize Federal resources in the provision of health care services
by federally-funded health agencies, applying telemedicine tech-
nologies. For the purpose of this partnership, Native Hawaiians
shall have the same status as other Native Americans who are
eligible for the health care services provided by the Indian Health
Service.
(b) The Department of Defense is authorized to develop a con-
sultation policy, consistent with Executive Order No. 13084 (issued