Page:United States Statutes at Large Volume 123.djvu/3461

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123STA T . 3 4 41 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (1)theobliga tio nw o u l d ha v e been pr operl yc hargeable (e x cept a s toa m ount) to the expired or closed account be f ore the end of the period of availability or closing of that account

( 2 ) the obligation is not otherwise properly chargeable to any current appropriation account of the D epartment of Defense; and ( 3 ) in the case of an expired account , the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1 405 (b)( 8 ) of the N ational Defense A uthori z ation Act for F iscal Y ear 1 9 91, P ublic L aw 101 – 510, as amended (31 U.S . C . 1551 note)

Provide

d, T hat in the case of an expired account, if subse q uent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided fu r th er, That the total amount charged to a current appropria - tion under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. S EC . 8055. (a) ING ENE RAL . — Service as a member of the Alas k a Territorial Guard during W orld War II of any individual who was honorably discharged therefrom under section 814 7 of the Depart- ment of Defense Appropriations Act, 2001 (Public Law 10 6 –259; 114 Stat. 705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code. (b) A P PL I CA B ILI TY .—Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. No retired pay shall be paid to any individual by reason of subsection (a) for any period before that date. (c) W O RL D WAR II DE F INED.—In this section, the term ‘ ‘World War II ’ ’ has the meaning given that term in section 101(8) of title 38, United States Code. SEC. 8056. (a) Notwithstanding any other provision of law, the Chief of the National Guard B ureau may permit the use of equipment of the National Guard Distance Learning Pro j ect by 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) Amounts 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. 8057. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the K aiserslautern M ilitary Community in the Federal R epublic of Germany: Provided, 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 Anthraci t e.G er m an y . R eim bu r s ement. 10USC 1 4 01 n o te.