Page:United States Statutes at Large Volume 122.djvu/3658

This page needs to be proofread.

12 2 STA T .36 3 5PUBLIC LA W 11 0– 32 9— S E PT. 30 , 200 8forthep ro cu re m e n tof d efen s e i tems entered into under section 2531 of tit l e1 0,U nited S t a tes C ode, and the countr y does not discriminate a g ainst the same or similar defense items produced in the United States for that country .(b) Subsection (a) applies w ith respect to — (1) contracts and subcontracts entered into on or after the date of the enactment of this A ct

and (2) options for the procurement of items that are e x ercised after such date under contracts that are entered into before such date if the option prices are ad j usted for any reason other than the application of a wai v er 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 –6 5) of the H armoni z ed T ariff Schedule and products classified under headings 4 010, 4202, 4203, 6401 through 6406, 6505, 7 01 9 , 721 8 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. S EC . 8061. (a) N one 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 D efense 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 ta k en. (b) 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) The Secretary of Defense, after consultation with the Sec - retary of State, may waive the prohibition in subsection (a) if he determines that such waiver is re q uired by extraordinary cir- cumstances. (d) 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 extraor- dinary 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. 8062. 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-A KE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United States by a domestically operated entity

Provide

d, 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 R epresentatives 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. 8063. 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 Waiver a utho rit y.C erti f i c atio n . D ea dl ine. R e p ort s . Waiver authority. H u m an ri g hts. A pplica b ility.