v. National Defense Authorization Act for Fiscal Years 1990 and 1991 Partial text of Public Law 101–189 [H.R. 2461], 103 Stat. 1352, approved November 29, 1989; as amended by Public Law 101-165 [Department of Defense Appropriations Act, 1990; H.R. 3072], 103 Stat. 1112, approved November 21, 1989; Public Law 101-510 [National Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, approved November 5, 1990; Public Law 102-484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 1993; Public Law 104106 [National Defense Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201 [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; and by Public Law 106-65 [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5, 1999 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE This Act may be cited as the "National Defense Authorization Act for Fiscal Years 1990 and 1991". SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS (a) ORGANIZATION OF ACT INTO DIVISIONS.-This Act is organized into three divisions as follows: (1) Division A-Department of Defense Authorizations. (3) Division C-Department of Energy National Security Authorizations and Other Authorizations. SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990 Authorizations of appropriations, and of personnel strength levels, in this Act for any fiscal year after fiscal year 1990 are effective only with respect to appropriations made during the first session of the One Hundred First Congress. SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED For purposes of this Act, the term "congressional defense committees" means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.1 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM Funds are hereby authorized to be appropriated for the destruction of lethal chemical weapons in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 747) as follows: (1) $263,700,000 for fiscal year 1990. SEC. 172. CHEMICAL MUNITIONS EUROPEAN RETROGRADE PROGRAM (a) LIMITATIONS ON RETROGRADE PROGRAM.-The Secretary of Defense may not obligate any funds appropriated for fiscal year 1990 for the purpose of carrying out the chemical munitions European retrograde program involving the withdrawal from Europe of chemical munitions until each of the following occurs: (1) The Secretary submits to the Committees on Armed Services of the Senate and House of Representatives1 a certification (A) that an adequate United States binary chemical munitions stockpile will exist before any withdrawal of the existing stockpile from its present location in Europe is carried out; and on (B) that the plan for such retrograde program is based (i) minimum technical risk; (ii) minimum operational risk; and (iii) maximum safety to the public. (2) The Secretary submits to those committees a revised concept plan for such retrograde program that includes a description of 1 Sec. 1(a)(1) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representatives. The Committee on National Security subsequently returned to the name "Committee on Armed Services"; see sec. 1067 of Public Law 106-65 (113 Stat. 774). (A) the full budgetary effect of the retrograde program; and (B) the potential effect of the retrograde program on the chemical demilitarization program. (b) LIMITATION ON TRANSFER OF FUNDS.-The Secretary of Defense may not transfer any funds from the chemical demilitarization emergency response program for the retrograde program referred to in subsection (a). SEC. 173. CHEMICAL DEMILITARIZATION CRYOFRACTURE PROGRAM (a) 2 * [Repealed-1996] *** (b) USE OF FISCAL YEAR 1989 FUNDS.-Of the amount authorized and appropriated for fiscal year 1989 for the chemical demilitarization program, $16,300,000 shall be obligated immediately for continued research and development testing of the cryofracture program. SEC. 304. HUMANITARIAN ASSISTANCE (a) PURPOSE.-Funds appropriated pursuant to the authorizations in subsections (a)(16) and (b)(16) of section 3013 for humanitarian assistance shall be used for the purpose of providing transportation for humanitarian relief for persons displaced or who are refugees because of the invasion of Afghanistan by the Soviet Union. Of the funds appropriated for each of fiscal years 1990 and 1991 pursuant to such subsections for such purpose, not more than $3,000,000 may be used for distribution of humanitarian relief supplies to the non-Communist resistance organization at or near the border between Thailand and Cambodia. (b) AUTHORITY TO TRANSFER FUNDS.-The Secretary of Defense may transfer to the Secretary of State not more than $3,000,000 of the funds appropriated pursuant to such subsections for each of fiscal years 1990 and 1991 for humanitarian assistance to provide for (1) the payment of administrative costs incurred in providing the transportation described in subsection (a); and (2) the purchase or other acquisition of transportation assets for the distribution of humanitarian relief supplies in the country of destination. (c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF STATE. Transportation for humanitarian relief provided with funds appropriated pursuant to such subsections for humanitarian 2 Sec. 151 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104106; 110 Stat. 214) repealed subsec. (a), which read as follows: “(a) PROGRAM.-The Secretary of Defense, to the extent funds are available for the purpose, shall proceed as expeditiously as possible with the project to develop an operational cryofracture facility at the Tooele Army Depot, Utah.". 3 Sec. 301 authorized $13,000,000 for humanitarian assistance for each fiscal year 1990 ((a)(16)) and 1991 ((b)(16)). assistance shall be provided under the direction of the Secretary of State. (d) MEANS OF TRANSPORTATION TO BE USED.-Transportation for humanitarian relief provided with funds appropriated pursuant to such subsections for humanitarian assistance shall be provided by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to provide transportation other than by the most economical means available. The means used to provide such transportation may include the use of aircraft and personnel of the reserve components of the Armed Forces. (e) AVAILABILITY OF FUNDS.-Funds appropriated pursuant to such subsections for humanitarian assistance shall remain available until expended, to the extent provided in appropriation Acts. (f) 4 REPORTS TO CONGRESS.-* * * [Repealed-1990] SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS IN THE EVENT OF CERTAIN BASE CLOSURES (c) SENSE OF CONGRESS.-It is the sense of Congress that (1) in the event a United States military facility located in a foreign country is closed (or activities at the facility are curtailed) at the request of the government of that country, such government should be responsible for the payment of severance pay to foreign nationals in the country whose employment by the United States or by a contractor under a contract with the United States is terminated as a result of the closure or curtailment; and (2) in negotiating a status-of-forces agreement or other country-to-country agreement with the government of a foreign country, the President should endeavor to include in the agreement a provision that would require the government of that country to pay severance pay to foreign nationals in that country whose employment is terminated as a result of the closing of, or the curtailment of activities at, a United States military facility in that country, if the closing or curtailment is at the request of the government of that country. SEC. 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AUTHORIZED FOR DUTY IN EUROPE (a) REDUCTION REQUIRED.-The number of civilian employees of the Department of Defense authorized for duty in Europe on the date of the enactment of this Act shall be reduced by a number 4 Sec. 303(f)(5) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1526) repealed subsec. (f), which had required the Secretary of Defense to submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives several reports on the funds oblig for humanitarian relief under various humanitarian relief laws. equal to the number of remaining authorizations for employees of the department that (1) were related to intermediate-range nuclear forces on December 8, 1987; and (2) are unnecessary as a result of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-range and Shorter-range Missiles, signed on December 8, 1987 (commonly referred to as the "INF Treaty"). (b) DEADLINE FOR REDUCTION. The reduction in the number of employees authorized for duty in Europe required by subsection (a) shall be completed not later than October 1, 1991. TITLE VIII-ACQUISITION POLICY, ACQUISITION SEC. 815.5 DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS * * * SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT REQUIREMENT (a) 6 DETERMINATION BY SECRETARY OF DEFENSE.—(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of that agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any agreement, including any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products produced in that country. (b) REPORT TO CONGRESS.-The Secretary of Defense shall submit to Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal years 1990 and 1991. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreements Act of 1979 (19) 5 Sec. 815 amended 10 U.S.C. 2504. 641 U.S.C. 10b-2. Repeated in annual Department of Defense Appropriations Acts. See, for example, sec. 8032 of Public Law 108-287 (118 Stat. 977). |