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SEC. 8063. (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 pro-
curement 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 pro-
duced 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 en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, 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,
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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. 8064. (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 in-
formation from the Department of State that the unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation 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 consulta-
tion with the Secretary of State, may waive the prohibition
in subsection (a) if he determines that such waiver is re-
quired 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 commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
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forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8065. 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 propulsion diesel engines and propulsors
are manufactured in the United States by a domestically
operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certi-
fying 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. 8066. None of the funds appropriated or other-
wise 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, includ-
ing areas in such military family housing units that may
be used for the purpose of conducting official Department
of Defense business.
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SEC. 8067. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’
for any new start advanced concept technology demonstra-
tion 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 certi-
fying to the congressional defense committees that it is in
the national interest to do so.
SEC. 8068. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters
as directed in the classified annex accompanying this Act.
SEC. 8069. During the current fiscal year, refunds at-
tributable 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 ar-
ranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance, and
research, development, test and evaluation accounts of the
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HR 5631 EAS
Department of Defense which are current when the refunds
are received.
SEC. 8070. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER.—None of the funds appro-
priated in this Act may be used for a mission critical or
mission essential financial management information tech-
nology 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 Sec-
retary of Defense may prescribe. A financial management
information technology system shall be considered a mission
critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINAN-
CIAL MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial
management automated information system, a mixed
information system supporting financial and non-fi-
nancial systems, or a system improvement of more
than $1,000,000 may not receive Milestone A ap-
proval, Milestone B approval, or full rate production,
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or their equivalent, within the Department of Defense
until the Under Secretary of Defense (Comptroller)
certifies, with respect to that milestone, that the sys-
tem is being developed and managed in accordance
with the Department’s Financial Management Mod-
ernization 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 congressional defense committees timely notifica-
tion of certifications under paragraph (1).
(c) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
CLINGER-COHEN ACT.—
(1) During the current fiscal year, a major auto-
mated information system may not receive Milestone
A approval, Milestone B approval, or full rate pro-
duction approval, or their equivalent, within the De-
partment of Defense until the Chief Information Offi-
cer 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.