Page:United States Statutes at Large Volume 108 Part 4.djvu/257

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PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2891 (7) As of 1994, the United States has recouped only $33,300,000 in cash, most of which was recovered in 1989. (8) Although the United States has released to Germany over 60 percent of the military sites planned for closure by the United States in that country and the current value of United States facilities to be returned to the German government is estimated at approximately $2,700,000,000, the German government has budgeted only $25,000,000 for fiscal year 1994 for payment of compensation for the United States investment in those facilities. (b) POLICY. —It is the sense of Congress that— (1) the President should redouble efforts to recover the value of the United States investment in the military infrastructure in NATO countries; (2) the President should enter into negotiations with the government of each NATO host country with a presumption that payments to compensate the United States for the negotiated value of improvements will be made in cash and deposited in the Department of Defense Overseas Military Facility Investment Recovery Account; (3) the President should enter into negotiations for pay- ments-in-kind only as a last resort and only after informing the Congress that negotiations for cash payments have not been successful; and (4) to the extent that in-kind contributions are received in lieu of cash pa5rnients in any fiscal year, the in-kind contributions should be used for projects that are identified priorities of the Department of Defense. (c) REQUIREMENTS AND LIMITATIONS RELATING TO PAYMENTS- IN-KIND. —(1) Subsection (e) of section 2921 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2687 note) is amended— (A) by inserting "(1)" after "NEGOTIATIONS FOR PAYMENTS- IN-KlND.— "; (B) by striking out "a written notice" and all that follows and inserting in lieu thereof "to the appropriate congressional committees a written notice regarding the intended negotiations."; and (C) by adding at the end the following new paragraphs: "(2) The notice shall contain the following: "(A) A justification for entering into negotiations for pay- ments-in-kind with the host country. "(B) The t5^es of benefit options to be pursued by the Secretary in the negotiations. "(C) A discussion of the adjustments that are intended to be made in the future-years defense program or in the budget of the Department of Defense for the fiscal year in which the notice is submitted or the following fiscal year in order to reflect costs that it may no longer be necessary for the United States to incur as a result of the payments-in- kind to be sought in the negotiations. "(3) For purposes of this subsection, the appropriate congressional committees are— "(A) the Committee on Armed Services, the Committee on Appropriations, and the Defense Subcommittees of the Committee on Appropriations of the House of Representatives; and 79-194 O—95—9: QL 3 Part 4