Page:United States Statutes at Large Volume 121.djvu/1345

 121 STAT. 1324

Waiver authority. Certification.

PUBLIC LAW 110–116—NOV. 13, 2007

confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 8041. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; or (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats. SEC. 8042. The Secretary of Defense, notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense, may use funds made available in this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds in accordance with the guidance provided in the Joint Explanatory Statement of the Committee of Conference to accompany the conference report accompanying this Act. (RESCISSIONS)

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SEC. 8043. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Procurement, Marine Corps, 2006/2008, $15,000,000; Aircraft Procurement, Air Force, 2006/2008, $25,786,000; Procurement of Weapons and Tracked Combat Vehicles, Army, 2007/2009, $2,600,000; Shipbuilding and Conversion, Navy, 2007/2011, $81,000,000; Aircraft Procurement, Air Force, 2007/2009, $51,000,000; Procurement, Defense-Wide, 2007/2009, $15,913,000; Research, Development, Test and Evaluation, Army, 2007/ 2008, $13,300,000; Research, Development, Test and Evaluation, Navy, 2007/ 2008, $24,000,000; Research, Development, Test and Evaluation, Air Force, 2007/2008, $167,000,000; Research, Development, Test and Evaluation, DefenseWide, 2007/2008, $144,000,000. SEC. 8044. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any

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