Page:United States Statutes at Large Volume 123.djvu/2476

 123STA T . 2 456PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Gen e ralsh all u se p r oc e d ures o t her than su b poenas to obta i n attend - ance and testi m on yf rom F ederal employees .‘ ‘ (2)A subpoena issued under this subsection , in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate U nited S tates district court. ‘‘( 3 ) T he I nspector General shall notify the Attorney General 7 days before issuin g any subpoena under this section. ’ ’. SEC.1043 . LIM I TA TI ON SONMO D I F ICATIONS OF CE R TAIN G O V ERN - MENT F U RNIS H EDE Q UI P MENT ONE-TIME AUTHORIT Y TO TRANSFER CERTAIN MILITARY PROTOTYPE. (a) LIM I TA TI ON . — An article of military e q uipment that is an enditemofama j or w eapon system may not be furnished or transferred to a pri v ate entity for the conduct of research, develop- ment, test and evaluation under contractual agreement with the D epartment of Defense, if such research, development, test, and evaluation necessitates significantly modifying the military equip- ment, until the senior acquisition official of a military department, or his designee, submits to the congressional defense committees certification in writing— ( 1 ) that the modification of such article of military equip- ment is necessary to e x ecute the contractual scope of wor k and there is no suitable alternative to modifying such article (2) that the research, development, test, and evaluation effort is of sufficient interest to the military department to warrant the modification of such article of military equipment; (3) that— (A) prior to the end of the period of performance of such a contractual agreement, the article of military equip- ment will be restored to its original condition; or ( B ) it is not necessary to restore the article of military equipment to its original condition because the military department intends to dispose of the equipment or operate the equipment in its modified form. ( 4 ) that the private entity has sufficient resources and capability to fully perform the contractual research, develop- ment, test, and evaluation; and ( 5 ) that the military department has— (A) identified the scope of future test and evaluation likely to be required prior to transition of the associated technology to a program of record; and (B) a plan for the conduct of such future test and evaluation, including the anticipated roles and responsibil- ities of government and the private entity, as applicable. (b) CER TI F I C ATION.— N o military equipment that is an end item of a major weapons system may be transferred or furnished to a private entity for purposes of research and development as author- i z ed under subsection (a) unless the senior officer of the military service concerned certifies to the congressional defense committees that such equipment is not essential to the defense of the United States. (c) O NE-TIME A U T H ORIT Y TO TRAN S FER.—The Secretary of the Navy may transfer, to P iasecki Aircraft Corporation of E ssington, Pennsylvania (in this section referred to as ‘‘transferee’’), all right, title, and interest of the United States, except as otherwise provided in this subsection, in and to Navy aircraft N4 0V T (Bureau Number Pen n sylva n i a .C e rt i f i c ati o n. 10US C 235 3 note. N otification. D ea d line.