Pub. L. 103-335, tit. VIII, under "restriction on funding united states military personnel in somalia"
restriction on funding united states military personnel in somalia
restriction on funding united states military personnel in somalia Sec. 8135. None of the funds appropriated by this Act may be used for the continuous presence in Somalia of United States108 STAT. 2654 military personnel, except for the protection of United States personnel, after September 30, 1994. SEC. 8136. SENATE ADVICE AND CONSENT TO CHANGES IN OBLIGATIONS UNDER THE CFE TREATY. (a) Findings.— (1) On November 25, 1991, the Senate gave its advice and consent to ratification of the CFE Treaty. (2) The President would need to seek the Senate's advice and consent to any change in obligation of the States parties under the CFE Treaty, unless such change were a minor matter of an administrative or technical nature. (3) A change in the allowed holdings of treaty limited equipment in the area of application or any geographic subzone of the area of application would constitute a change in obligation for which the Senate's advice and consent would be required. (b) Reaffirmation of Senate's Treaty-Making Powers.—The President shall submit for the Senate's advice and consent any change in the obligations of any State party under the CFE Treaty, unless such change is a minor matter of an administrative or technical nature. (c) CFE Treaty Defined.—For the purpose of this section, the CFE Treaty means the Treaty on Conventional Armed Forces in Europe, signed in Paris on November 19, 1990, and associated protocols. SEC. 8137. (a)(1) The Secretary of Defense shall develop a plan for establishing and implementing a requirement for disbursing officials of the Department of Defense to match disbursements to particular obligations before making the disbursements. The Secretary shall transmit the plan to Congress not later than March 1, 1995. (2) The Inspector General of the Department of Defense shall review the plan and submit the Inspector General's independent assessment of the plan to the congressional defense committees. (b)(1) Not later than July 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $5,000,000 be matched to a particular obligation before the disbursement is made. (2) Not later than October 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $1,000,000 be matched to a particular obligation before the disbursement is made. (c) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under subsection (b) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such subsection to that disbursement. (d) The Secretary of Defense may waive a requirement for advance matching of a disbursement of the Department of Defense with a particular obligation in the case of (1) a disbursement involving deployed forces, (2) a disbursement for an operation in a war declared by Congress or a national emergency declared by the President or Congress, or (3) a disbursement under any other circumstances for which the waiver is necessary in the national security interests of the United States, as determined by the Sec-108 STAT. 2655 retary and certified by the Secretary to the congressional defense committees. (e) This section shall not be construed to limit the authority of the Secretary of Defense to require that a disbursement not in excess of the amount applicable under subsection (b) be matched to a particular obligation before the disbursement is made. SEC. 8138. SENSE OF SENATE ON NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING. (a) Findings.—The Senate finds the following: (1) On January 25, 1994, the United States joined with 37 other nations to begin negotiations for a comprehensive treaty to ban permanently all nuclear weapons testing. (2) On March 14, 1994, the President decided to extend the current United States nuclear testing moratorium at least through September 1995. (3) Germany and the Group of 21 Non-Aligned States have publicly stated their support for the completion of a comprehensive nuclear test ban treaty by 1995. (4) On June 6, 1994, the People's Republic of China conducted its second nuclear weapons test explosion since the United States, Russia, and France initiated their current nuclear test moratoria (5) On September 7, 1994, the third and final test ban negotiating session of the year will end. (6) While some progress toward a comprehensive nuclear test ban treaty has been achieved, there is little chance that an agreement will be reached before April 1995 at the current rate of negotiation. (7) The United States is seeking to extend indefinitely the Non-Proliferation Treaty at the April 1995 Extension Conference. (8) Conclusion of a comprehensive nuclear test ban treaty could contribute toward successful negotiations to extend the Non-Proliferation Treaty. (9) Agreements to eliminate nuclear testing and control the spread of nuclear weapons could contribute to national security of the United States, its allies, and other nations around the world. (b) Sense of Senate.—The Senate— (1) applauds the President for maintaining the United States nuclear testing moratorium and for supporting the negotiation of a comprehensive nuclear test ban treaty; (2) encourages the People's Republic of China and all other nuclear powers to refrain from conducting nuclear explosions prior to conclusion of a comprehensive nuclear test ban treaty; and (3) urges the President and the other nuclear powers to take measures necessary to achieve a multilateral comprehensive nuclear test ban treaty before the Non-Proliferation Treaty Extension Conference. (c) Definition.—As used in this section, the term “Non-Proliferation Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on July 1, 1968 (21 U.S.T. 483). Sec. 8139. Notwithstanding any other provision of law, the Secretary of a military department may enter into a contract for108 STAT. 2656 use of commercial or proprietary credit card services for augmenting or replacing any in-house account receivable system in use by a nonappropriated fund instrumentality under the jurisdiction of that Secretary if the Secretary determines that such contract is in the best interest of that department: Provided, That any Department of Defense initiative to contract for credit card services shall require full and open competitive procedures and be based on the program concepts determined by the military department(s) morale, welfare and recreation (MWR) and service division(s) affected by such initiative. Sec. 8140. It is the sense of the Congress that the Secretary of Defense should name the new research facility under construction to house the Walter Reed Army Institute of Research, in honor of Senator Daniel K. Inouye. Sec. 8141. Notwithstanding any other provision of law, within the funds made available by this Act, the Department of Defense shall pay the appropriate amount of Aviation Continuation Pay authorized by 37 U.S.C. 301(b) to the survivors of persons who have signed reenlistment contracts on or after January 1, 1994, but whose service connected death predates the effective date of such reenlistment contract by less than 14 days. Sec. 8142. It is the sense of the Congress that not later than 90 days after the enactment of this Act, the Department of Defense shall submit all documents pertaining to any and all Department of Defense chemical and biological warfare tests involving the use of zinc cadmium sulfide conducted anywhere in the United States. Sec. 8143. None of the funds made available under this Act may be obligated or expended for the relocation or reduction of the functions specified in the 1991 and 1998 Reports to the President of the Defense Base Closure and Realignment Commission to be maintained at Fort Chaffee, Arkansas, including all civilian management, support personnel and operations associated with these functions that were in existence as of September 30, 1994. Sec. 8144. All refunds or other amounts collected in the administration of the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) shall be credited to current year appropriations. SEC. 8145. SENSE OF THE SENATE CONCERNING LOWRY AFB. It is the sense of the Senate that— (1) in issuing any lease, permit or deed of conveyance for use to assist the homeless under the Stewart B. McKinney Homeless Assistance Act concerning Lowry Air Force Base, Colorado, the Secretary of Health and Human Services, representatives of the city of Denver, Colorado, representatives of the city of Aurora, Colorado and representatives of homeless providers whose applications have been approved by the Secretary of Health and Human Services should jointly determine that such use is reasonable under the redevelopment plan for Lowry Air Force Base, Colorado; and (2) the Department of Defense and the Department of Health and Human Services, in coordination with the appropriate committees of Congress and appropriate State and local authorities, should develop a reform proposal to address the many difficulties created for local communities by existing laws relating to the loan, lease or conveyance for use of government property during the base closure process. 108 STAT. 2657 SEC. 8146. (a) None of the funds appropriated in this Act for a second low rate initial production (LRIP) contract or contract option for the Hunter unmanned aerial vehicle (UAV) system may be obligated until the Department of Defense certifies to the congressional defense committees that— (1) two Hunter UAV systems have been accepted by the Government using the currently defined Acceptance Test Procedure; (2) the operational tempo (OPTEMPO) phase of the risk reduction program has been successfully completed; and (3) the flight test portion of the first article test (FAT) has been successfully completed. (b) None of the funds appropriated in this Act may be obligated to procure more than four Hunter UAV systems until the Logistics Support Analysis (LSA) report has been submitted to the relevant committees of Congress and the Department of Defense has certified to these committees that the LSA is sufficient to fully support fielding of the Hunter UAV. Sec. 8147. Of the funds appropriated by title VIII of Public Law 102–396 (106 Stat. 1899) for defense reinvestment for economic growth, the unobligated balance of the funds made available by such title for military service members occupational conversion and training shall remain available for obligation until September 30, 1995. Sec. 8148. Under the heading “Humanitarian Assistance” in title II of this Act, on line one, strike “For transportation for” and insert in lieu thereof “for”: Provided, That the proviso contained under this heading in the Department of Defense Appropriations Act for 1994 (Public Law 103–139) is hereby repealed. Sec. 8149. None of the funds appropriated in this Act may be transferred to or obligated from the Pentagon Reservation Maintenance Revolving Fund, unless the Secretary of Defense certifies that the total cost for the planning design, construction and installation of equipment for the renovation of the Pentagon Reservation will not exceed $1,218,000,000. Sec. 8150. In addition to amounts appropriated elsewhere in this Act to the Department of Defense, $14,200,000 is authorized and appropriated only for the Utility Reconfiguration Project at the Philadelphia Naval Complex. Sec. 8151. Notwithstanding section 303(a) (5) and (6) of the Defense Production Act, or any other provision of law, the Department of Defense will negotiate and award an appropriate contract to the sole domestic producer of nuclear steam generator tubing for aircraft carriers, in an amount not to exceed $17,500,000 from funds provided in Public Law 103–139 for Defense Production Act Purchases. SEC. 8152. (a) Of the funds appropriated under the heading “Research, Development, Test and Evaluation, Navy” in title IV of this Act, $3,900,000 shall be made available only for the Joint Primary Aircraft Training System (JPATS) program. (b) Of the funds appropriated under the heading “Research, Development, Test and Evaluation, Air Force” in title IV of this Act, $37,057,000 shall be made available only for the JPATS program. (c) Of the funds appropriated under the heading “Aircraft Procurement, Air Force” in title III of this Act, $93,265,000 shall be made available only for the JPATS program. 108 STAT. 2658 Sec. 8153. No funds appropriated by this Act may be obligated or expended during fiscal year 1995 for retiring, or preparing to retire, any B-52H, B-1B, or F-111 bomber aircraft. SEC. 8154. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. SEC. 8155. Amendments to Public Law 103–317 (including rescission).—(a) Of the funds appropriated under the heading, “Contributions to International Organizations” in Public Law 103–317, $4,661,000 are rescinded. In addition, under this heading in said Public Law, delete “, of which not to exceed $4,000,000 is available to pay arrearages, the payment of which” and substitute “: Provided, That any payment of arrearages made from these funds”. (b) Under the heading, “Payment to the Asia Foundation” in Public Law 103–317, delete “$10,000,000” and substitute “$15,000,000”. (c) Under the heading “Securities and Exchange Commission”, “Salaries and Expenses”, in Public Law 103–317, insert the following: “For an additional amount for “Salaries and Expenses”, $192,000,000: Provided, That such amount is available only upon enactment of legislation that continues for fiscal year 1995 the rate of fees collected under section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)), as provided by Public Law 103–121 (107 Stat. 1168), at 1129th of one percent and that deposits the difference in such fees (between 1150th of one percent and 1129th of one percent) as an offsetting collection to this appropriation: Provided further, That the total amount appropriated for fiscal year 1995 under this heading shall be reduced as such fees are deposited to this appropriation so as to result in a final total fiscal year 1995 appropriation from the General Fund estimated at not more than $74,856,000: Provided further, That any such fees collected in excess of $192,000,000 in fiscal year 1995 shall remain available until expended, but shall not be available for obligation until October 1, 1996.”. Sec. 8156. Of the amounts provided in title III of this Act, $304,900,000 are permanently canceled: Provided, That the Secretary of Defense shall allocate the amount of budgetary resources canceled by this section in an equal percentage to each program, project and activity funded in title III of this Act.