Page:United States Statutes at Large Volume 120.djvu/1320

 PUBLIC LAW 109–289—SEPT. 29, 2006

120 STAT. 1289

(2) The Chief Information Officer shall provide the congressional 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 congressional defense committees timely notification of certifications under paragraph (1). Each such notification shall include a statement confirming 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 Secretary 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). SEC. 8067. 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. 8068. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. SEC. 8069. 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

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