Page:United States Statutes at Large Volume 123.djvu/3464

 123STA T . 3 4 44 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 ther e qu e s te d su p p o rt pursu an ttosu c h author i t y:Provide d fu r th er ,T hat the S ecretary o fD efense m ay w ai v e this restriction on a case -b y-case basis by certifyin g in writing to the C ommittees on A ppropriations of the H ouse of R epresentatives and the Senate that it is in the nationa l security interest to do so. S EC . 8067 . N otwithstanding section 123 10 ( b ) of title 10, U nited States Code, a Reserve who is a member of the National G uard serving on full-time National Guard duty under section 5 02(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)’’, e x cept to an entity performing demilitari z ation 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 pro j ectiles 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 E xport of Unclassified Military Articles issued by the Department of State. SEC. 806 9 . 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 be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. SEC. 8070. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drin k ) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt bev- erages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. SEC. 8071. F unds available to the Department of Defense for the Global Positioning System during the current fiscal year may be used to fund civil requirements associated with the satellite Ap p licab ili ty. Alc oh ola nd alcoholic b ev e r a g e s . W aiver a u thority. T i m e period. Arms and munitions. Waiver authority. C erti f ication.