Page:United States Statutes at Large Volume 122.djvu/3659

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12 2 STA T .36 36 PUBLIC LA W 11 0– 32 9— S E PT. 30 , 200 8Departm e n t of Defen s e ,i n clud in g areas in suc h militar y family housing units that may b e used for the purpose of conducting official Department of Defense business .SEC . 8064 . N ot w ithstanding any other pro v ision of law, funds appropriated in this A ct under the heading ‘ ‘ R esearch, Development, T est and E valuation, Defense -W ide ’ ’ for any new start advanced concept technology demonstration pro j ect or joint capability dem- onstration project may only be obligated 3 0 days after a report, including a description of the project, the planned ac q uisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees

Provide

d, 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. 806 5 . The Secretary of Defense shall provide a classified quarterly report beginning 30 days after enactment of this Act, to the H ouse and Senate Appropriations C ommittees, Subcommit- tees on Defense on certain matters as directed in the classified anne x accompanying this Act. SEC. 8066. 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 U nited States if such department or agency is more than 9 0 days in arrears in ma k ing 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 authori z ed 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 fu r th er, 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. 806 7 . Notwithstanding section 12 310 ( b ) of title 10, United States Code, a Reserve who is a member of the National G uard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National B allistic M issile Defense System. SEC. 8068. 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 penetrator’’, ‘‘armor piercing (A P )’’, ‘‘armor piercing incendiary (AP I )’’, 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 L icense for Permanent Export of Unclassified Military Articles issued by the Department of State. SEC. 8069. 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 Waiver a utho rit y.Am mu n ition. Waiver authority. C erti f i c ation. C l a s sifie d information. R e p orts. D eadline. Waiver authority. Certification. Reports.