Department of Defense Appropriations Act, 1989 - Sec. 8125 (Department of Defense Items in Budget
Public Law 100–463
Department of Defense Appropriations Act, 1989 - Sec. 8125 (Department of Defense Items in Budget
463
100–463
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Department of Defense Appropriations Act, 1989
477
100
1988-10-01
Department of Defense Appropriations Act, 1989 - Sec. 8125 (Department of Defense Items in Budget
[(Public Law 100–463, approved Oct. 1, 1988)]
[As amended through P.L. 106–65, Enacted October 5, 1999]
[Currency: This publication is a compilation of the text of Public Law 100–463. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
Sec. 8125. [[10 U.S.C. 113 note]] (a) * * *
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(d) The President shall specify (separately by appropriation account) in the Department of Defense items included in each budget submitted to Congress under section 1105 of title 31, United States Code, (1) the amounts necessary for payment of all personnel, operations, maintenance, facilities, and support costs for Department of Defense overseas military units, and (2) the costs for all dependents who accompany Department of Defense personnel outside the United States.
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(f) As of September 30 of each fiscal year, the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea may not exceed 94,450 (the number of members of the Armed Forces on active duty assigned to permanent duty ashore in Japan and the Republic of Korea on September 30, 1987). The limitation in the preceding sentence may be increased if and when (1) a major reduction of United States forces in the Republic of the Philippines is required because of a loss of basing rights in that nation, and (2) the President determines and certifies to Congress that, as a consequence of such loss, an increase in United States forces stationed in Japan and the Republic of Korea is necessary.
(g)(1) After fiscal year 1990, budget submissions to Congress under section 1105 of title 31, United States Code, shall identify funds requested for Department of Defense personnel and units in permanent duty stations ashore outside the United States that exceed the amount of such costs incurred in fiscal year 1989 and shall set forth a detailed description of (A) the types of expenditures increased, by appropriation account, activity and program; and (B) specific efforts to obtain allied host nations' financing for these cost increases.
(2) The Secretary of Defense shall notify in advance the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives through existing notification procedures, when costs of maintaining Department of Defense personnel and units in permanent duty stations ashore outside the United States will exceed the amounts as defined in the Department of Defense budget as enacted for that fiscal year. Such notification shall describe: (A) the type of expenditures that increased; and (B) the source of funds (including prior year unobligated balances) by appropriation account, activity and program, proposed to finance these costs.
(3) In computing the costs incurred for maintaining Department of Defense personnel and forces in permanent duty stations ashore outside the United States compared with the amount of such costs incurred in fiscal year 1989, the Secretary shall—
(A) exclude increased costs resulting from increases in the rates of pay provided for members of the Armed Forces and civilian employees of the United States Government and exclude any cost increases in supplies and services resulting from inflation; and
(B) include (i) the costs of operations and maintenance and of facilities for the support of Department of Defense overseas personnel, and (ii) increased costs resulting from any decline in the foreign exchange rate of the United States dollar.
(h) The provisions of subsections (f) and (g) shall not apply in time of war or during a national emergency declared by the President or Congress.
(i) In this section—
(1) the term “personnel” means members of the Armed Forces of the United States and civilian employees of the Department of Defense;
(2) the term “Department of Defense overseas personnel” means those Department of Defense personnel who are assigned to permanent duty ashore outside the United States; and
(3) the term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.