Page:United States Statutes at Large Volume 123.djvu/3462

 123STA T . 3 4 42 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 heatm a yb e o bta in e dfr om p ri v ate , re g iona l orm u ni c ipal s ervices, if provisions are included for the consideration of U nited S tates coal as an energy source . S EC. 805 8. N one of the funds appropriated in title IV of this A ct may be used to procure end - items for delivery to military forces for operational training, operational use or inventory re q uire- ments
 * Provide

d, T hat this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided fu r th er, That this restriction does not apply to programs funded w ithin the National Intelligence P rogram: Provided further, That the Secretary of D efense may waive this restriction on a case-by-case basis by certifying in writing to the C ommittees on Appropriations of the H ouse of R epresentatives and the Senate that it is in the national security interest to do so. SEC. 805 9 . None of the funds made available in this Act may be used to approve or license the sale of the F–2 2A advanced tactical fighter to any foreign government: Provided, That the Department of Defense may conduct or participate in studies, research, design and other activities to define and develop a future e x port version of the F–22A that protects classified and sensitive information, technologies and U.S. warfighting capabilities. SEC. 80 6 0. ( 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 for the procurement of defense items entered into under section 25 31 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to — (1) contracts and subcontracts entered into on or after the date of the enactment of this Act and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are ad j usted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmoni z ed Tariff Schedule and products classified under headings 4 010, 4202, 4203, 6401 through 6406, 6505, 7 019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. SEC. 8061. (a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been ta k en. (b) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given Humanrights.Ap p l i c a b ilit y . W ai ve r auth o rity. D etermination. Waiver authority. C erti f ication.