Page:United States Statutes at Large Volume 122.djvu/3657

 12 2 STA T .36 3 4PUBLIC LA W 11 0– 32 9— S E PT. 30 , 200 8furthe r ,That th e t o ta l a m o un t c ha rg e d to a current a p propr i a - tion under thi s section ma y not e x ceed an amount e q ual to 1 percent o f the total appropriation for that account .SEC . 805 5. ( a )N ot w ithstanding any other pro v ision of law, the C hief of the National G uard B ureau may permit the use of equipment of the National Guard D istance L earning P ro j ect b y any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) A mounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. SEC. 805 6 . U sing funds available by this Act or any other Act, the Secretary of the Air F orce, pursuant to a determination under section 2 6 9 0 of title 10, United States Code, may implement cost-effective agreements for required heating facility moderni z ation in the K aiserslautern M ilitary Community in the Federal R epublic of Germany
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r ovid ed, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source. SEC. 805 7 . None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory require- ments: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: 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 H ouse of Representatives and the Senate that it is in the national security interest to do so. SEC. 8058. Notwithstanding any other provision of law, funds available to the Department of Defense in this Act, and hereafter, shall be made available to provide transportation of medical sup- plies and equipment, on a nonreimbursable basis, to American Samoa, and funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project. SEC. 8059. None of the funds made available in this Act may be used to approve or license the sale of the F – 22A advanced tactical fighter to any foreign government. SEC. 8060. (a) The Secretary of Defense may, on a case-by- case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements Waiver a utho rit y.C o n tra c t s . M e d ica l su p plies and e q uip m ent. A merican S amoa. N ative Americans. 10U SC 2 2 4 1 note. Waiver authority. Certi f ication. G ermany.

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