Page:United States Statutes at Large Volume 122.djvu/3650

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12 2 STA T .36 2 7PUBLIC LA W 11 0– 32 9— S E PT. 30 , 200 8forde fe ns e F F RDC s

Provide

d ,That ofthes p e ci fic a m o u nt referred to pre v ious ly in this su b section, not more than 1 ,1 0 0 staff years may be funded for the defense studies and analysis FFRDCs: Pro - vided fu r th er, That this subsection shall not apply to staff years funded in the N ational I ntelli g ence P rogram ( NIP ) and the M ilitary Intelligence Program (MIP) . (e) The S ecretary of Defense shall, w ith the submission of the department ’ s fiscal year 2 010 budget re q uest, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. (f) Notwithstanding any other provision of this A ct, the total amount appropriated in this Act for FFRDCs is hereby reduced by $84 ,000,000. S EC . 802 7 . None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy or armor steel plate for use in any G overnment - owned facility or property under the control of the Department of Defense which were not melted and rolled in the U nited States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 95 15, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the H ouse of Representa- tives and the Senate that adequate domestic supplies are not avail- able 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: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. SEC. 8028. For the purposes of this Act, the term ‘ ‘congressional defense committees’’ means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appro- priations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. SEC. 8029. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competi- tion between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Ex ecutive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That O ffice of Management and B udget Circular A – 7 6 shall not apply to competitions conducted under this section. SEC. 80 3 0. (a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in para- graph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blan k et waiver of the Buy American Act 41USC 1 0b–2note. Ce r t if i ca tion. 10 USC 101 note. W ai v era u t h orit y . Certification. Contract s . Ap p l icability. R eports.