(f) ADMINISTRATIVE SUPPORT SERVICES.-The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 9. INITIAL FUNDING OF COMMISSION. If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence. SEC. 8105.7 CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED STATES FORCES IN JAPAN. (a) PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN.-After September 30, 1990, funds appropriated pursuant to an appropriation contained in this Act or any subsequent Act may not be used to support an end strength level of all personnel of the Armed Forces of the United States stationed in Japan at any level in excess of 50,000. (b) ANNUAL REDUCTION IN CEILING UNLESS SUPPORT FURNISHED.-Unless the President certifies to Congress before the end of each fiscal year that Japan has agreed to offset for that fiscal year the direct costs incurred by the United States related to the presence of all United States military personnel in Japan, excluding the military personnel title costs, the end strength level for that fiscal year of all personnel of the Armed Forces of the United States stationed in Japan may not exceed the number that is 5,000 less than such end strength level for the preceding fiscal year. (c) SENSE OF CONGRESS.-It is the sense of Congress that all those countries that share the benefits of international security and stability should share in the responsibility for that stability and security commensurate with their national capabilities. The Congress also recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq. The Congress also recognizes that Japan has a greater economic capability to contribute to international security and stability than any other member of the international community and wishes to encourage Japan to contribute commensurate with that capability. (d) EXCEPTIONS.-(1) This section shall not apply in the event of a declaration of war or an armed attack on Japan. (2) The President may waive the limitation in this section for any fiscal year if he declares that it is in the national interest to do so and immediately 8 informs Congress of the waiver and the reasons for the waiver.9 710 U.S.C. 113 note. See also sec. 1455 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1695). 8 Sec. 1063(b) of Public Law 102-190 (105 Stat. 1476) corrected the spelling of "immediately". In a memorandum of May 14, 1991, for the Secretary of Defense, the President stated: "Consistent with section 8105(d)(2) of the Department of Defense Appropriation Act, 1991 (Public Law 101-511; 104 Stat. 1856), I hereby waive the limitation in section 8105(b) which states that Continued (e) EFFECTIVE DATE.-This section shall take effect on the date of enactment of this Act. This Act may be cited as the “Department of Defense Appropriations Act, 1991". the end stren States st level fo 1 for each fiscal year of all personnel of the Armed Forces of the United way not exceed the number that is 5,000 less than such end strength year, and deelt it is in the national interest to do so." (56 x. National Defense Authorization Act, Fiscal Year 1989 Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918, approved September 29, 1988; as amended by Public Law 100-463 [Department of Defense Appropriations Act, Fiscal Year 1989; H.R. 4781], 102 Stat. 2270, approved October 1, 1988; Public Law 100-526 [Defense Authorization Amendments and Base Closure and Realignment Act, S. 2749], 102 Stat. 2623, approved October 24, 1988; Public Law 101-189 [National Defense Authorization Act for Fiscal Years 1990 and 1991, H.R. 2461], 103 Stat. 1352, approved November 29, 1989; Public Law 102-484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103–199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 105-85 [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 1997; Public Law 108-136 [National Defense Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003 AN ACT To authorize appropriations for fiscal year 1989 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 year 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, Fiscal Year 1989". SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS This Act is organized into two divisions as follows: (1) Division A-Department of Defense and other National Defense Authorizations. (2) Division B-Military Construction Authorizations. SEC. 4. STATUTORY CONSTRUCTION (a) ORDER OF ENACTMENT WITH APPROPRIATIONS ACT.-In applying any rule of statutory construction, the provisions of this Act shall be deemed to have been enacted before the provisions of the Department of Defense Appropriations Act, 1989, (regardless of the actual dates of enactment concerned).1 (b) TERMINATION OF REFERENCED AUTHORIZATION PROVISION.-If this Act is enacted after the Department of Defense Appropriations Act, 1989 (1) section 10001 of that Act shall cease to be effective upon the enactment of this Act; and (2) subject to subsection (a), this Act shall be deemed for all purposes to have been enacted on the date of the enactment of such Act. 1The Department of Defense Appropriations Act, 1989, was enacted October 1, 1989. DIVISION A-DEPARTMENT OF DEFENSE AND OTHER SEC. 105. CHEMICAL DEMILITARIZATION PROGRAM Funds are hereby authorized to be appropriated for fiscal ye 1989 for the chemical demilitarization program under section 1. of the Department of Defense Authorization Act, 1986 (50 USI 1521) in the amount of $179,500,000, of which (1) $44,300,000 is for procurement; (2) $17,900,000 is for research, development, test, and en uation; and (3) $117,300,000 is for operation and maintenance. TITLE II-RESEARCH, DEVELOPMENT, TEST, AND SEC. 208. CHEMICAL WEAPONS CONVENTION COMPLIANCE MON TORING PROGRAM Of the amounts appropriated pursuant to section 201, $6,800,00 shall be available only to conduct a program to develop and den onstrate compliance monitoring capabilities in support of the Cor vention on the Prohibition of Chemical Weapons proposed by the United States in the Conference on Disarmament. SEC. 243. REPORT ON SPACE CONTROL CAPABILITIES (a) REPORT.-Not later than the date on which the President submits the budget for fiscal year 1990 to Congress under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives 2 a comprehensive report on space control capabilities of the Armed Forces. (b) CONTENT OF REPORT.-The report shall include the following matters: (1) A description of requirements for space control capabili ties related to deterrence and warfighting objectives, including space surveillance and anti-satellite capabilities, that have 2 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 Secu rity subsequently returned to the name "Committee on Armed Services"; see sec. 1067 of Public Law 106-65 (113 Stat. 774). OF DEFEN been validated by the Chairman of the Joint Chiefs of Staff and transmitted to the commander of the United States Space Command. AUTHOR CUREMENT UTHORIZATI NPROGRAM appropram: program zation Ac which (2) A net assessment of the space control capabilities of the United States and the Soviet Union. (3) An assessment of current deficiencies in United States space control capabilities and recommendations for overcoming those deficiencies. (4) A 5-year plan for improving ground- and space-based surveillance systems and their associated command, control, and communications systems and the cost and schedule for implementing the plan. velopment mainte TITLE III-OPERATION AND MAINTENANCE SPECIFI COMPLIA ion 201 devel pport proper (a) PURPOSE.-The amount authorized in 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 amount authorized in such section 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 the authorization in section 301 for humanitarian assistance to provide for (1) paying for administrative costs of providing the transportation described in subsection (a), and (2) the purchase or other acquisition of transportation assets for the distribution of relief supplies in the country of destination. (c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF STATE.-Transportation provided with funds appropriated pursuant to the authorization in section 301 for humanitarian assistance shall be under the direction of the Secretary of State. (d) MEANS OF TRANSPORTATION TO BE USED.-Transportation for te humanitarian relief provided with funds appropriated pursuant to the authorization in section 301 for humanitarian assistance shall be 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 use means other than the most economical means available. Such means may include the use of aircraft and personnel of the reserve components of the Armed Forces. 3 Sec. 301 of this Act authorized $13,000,000 for humanitarian assistance. Sec. 301 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1352), authorized $13,000,000 for humanitarian assistance, and sec. 304 reiterated this section and required the Secretary of Defense to annually report on the provision of humanitarian assistance under this law. |