[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4919 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 7, 2000.
Resolved, That the bill from the House of Representatives (H.R.
4919) entitled ``An Act to amend the Foreign Assistance Act of 1961 and
the Arms Export Control Act to make improvements to certain defense and
security assistance provisions under those Acts, to authorize the
transfer of naval vessels to certain foreign countries, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Assistance Act of 2000''.
TITLE I--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Financing Program
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grant assistance under
section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the
subsidy cost, as defined in section 502(5) of the Federal Credit Reform
Act of 1990, of direct loans under such section for fiscal year 2001,
the total amount of $3,627,000,000.
Subtitle B--Other Assistance
SEC. 111. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.
(a) Emergency Drawdown.--Section 506(a)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is amended by striking
``$100,000,000'' and inserting ``$150,000,000''.
(b) Additional Drawdown.--Section 506(a)(2)(A)(i) of such Act (22
U.S.C. 2318(a)(2)(A)(i)) is amended--
(1) by striking ``or'' the first place it appears; and
(2) by striking subclause (III) and inserting the
following:
``(III) chapter 8 of part II
(relating to antiterrorism assistance);
``(IV) chapter 9 of part II
(relating to nonproliferation
assistance); or
``(V) the Migration and Refugee
Assistance Act of 1962; or''.
SEC. 112. INCREASED TRANSPORT AUTHORITY.
Section 516(e)(2)(C) of the Foreign Assistance Act of 1961 (22
U.S.C. 23321j(e)(2)(C)) is amended by striking ``25,000'' and inserting
``50,000''.
TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $65,000,000 for fiscal year
2001 to carry out chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.).
SEC. 202. ADDITIONAL REQUIREMENTS RELATING TO INTERNATIONAL MILITARY
EDUCATION AND TRAINING.
Chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.) is amended by adding at the end the following:
``SEC. 547. CONSULTATION REQUIREMENT.
``The selection of foreign personnel for training under this
chapter shall be made in consultation with the United States defense
attache to the relevant country.
``SEC. 548. RECORDS REGARDING FOREIGN PARTICIPANTS.
``In order to contribute most effectively to the development of
military professionalism in foreign countries, the Secretary of Defense
shall develop and maintain a database containing records on each
foreign military or defense ministry civilian participant in education
and training activities conducted under this chapter after December 31,
2000. This record shall include the type of instruction received, the
dates of such instruction, whether such instruction was completed
successfully, and, to the extent practicable, a record of the person's
subsequent military or defense ministry career and current position and
location.''.
TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
SEC. 301. NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et
seq.) is amended by adding at the end the following new chapter:
``CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
``SEC. 581. GENERAL AUTHORITY.
``Notwithstanding any other provision of law that restricts
assistance to foreign countries (other than sections 502B and 620A of
this Act), the President is authorized to furnish, on such terms and
conditions as the President may determine, assistance to foreign
countries in order to enhance the ability of such countries to halt the
proliferation of nuclear, chemical, and biological weapons, and
advanced conventional weaponry. Such assistance may include training
services and the provision of equipment and other commodities related
to the detection, deterrence, monitoring, interdiction, and prevention
or countering of proliferation, the establishment of effective
nonproliferation laws and regulations, and the apprehension of those
individuals involved in acts of proliferation of such weapons.
``SEC. 582. PURPOSES.
``Activities conducted under this chapter shall be designed--
``(1) to enhance the nonproliferation and export control
capabilities of friendly countries by providing training and
equipment to detect, deter, monitor, interdict, and counter
proliferation;
``(2) to strengthen the bilateral ties of the United States
with friendly governments by offering concrete assistance in
this area of vital national security interest; and
``(3) to accomplish the activities and objectives set forth
in sections 503 and 504 of the FREEDOM Support Act (Public Law
102-511).
``SEC. 583. TRANSIT INTERDICTION.
``(a) Allocation of Funds.--In providing assistance under this
chapter, the President should ensure that not less than one-quarter of
the total of such assistance is expended for the purpose of enhancing
the capabilities of friendly countries to detect and interdict
proliferation-related shipments of cargo that originate from, and are
destined for, other countries.
``(b) Priority to Certain Countries.--Priority shall be given in
the apportionment of the assistance described under subsection (a) to
any friendly country that has been determined by the Secretary of State
to be a country frequently transited by proliferation-related shipments
of cargo.
``SEC. 584. LIMITATIONS.
``The limitations contained in section 573 (a) and (d) of this Act
shall apply to this chapter.
``SEC. 585. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to the President to carry out this chapter $129,000,000
for the fiscal year 2001.
``(b) Availability of Funds.--Funds made available under subsection
(a) may be used notwithstanding any other provision of law (other than
section 502B or 620A) and shall remain available until expended.''.
SEC. 302. NONPROLIFERATION AND EXPORT CONTROL TRAINING IN THE UNITED
STATES.
Of the amount made available for fiscal year 2001 under chapter 9
of part II of the Foreign Assistance Act of 1961, as added by section
301, $2,000,000 is authorized to be available for the purpose of
training and education of personnel from friendly countries in the
United States.
SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.
(a) Authorization of Funds.--Of the amounts made available for
fiscal year 2001 under chapter 9 of part II of the Foreign Assistance
Act of 1961, as added by section 301, $59,000,000 is authorized to be
available for each such year for science and technology centers in the
independent states of the former Soviet Union.
(b) Sense of the Senate.--It is the sense of the Senate, taking
into account the obligation contained in section 1132 of Public Law
106-113, that the practice of auditing entities receiving funds
authorized under this section should be significantly expanded and that
the burden of supplying auditors should be spread equitably within the
United States Government.
SEC. 304. TRIAL TRANSIT PROGRAM.
(a) Allocation of Funds.--Of the amount made available for fiscal
year 2001 under chapter 9 of the Foreign Assistance Act of 1961, as
added by section 301, $5,000,000 is authorized to be available to
establish a static cargo x-ray facility in Malta, if the Secretary of
State first certifies to the appropriate committees of Congress that
the Government of Malta has provided adequate assurances that such a
facility will be utilized in connection with random cargo inspections
by Maltese customs officials of container traffic transiting through
the Malta Freeport.
(b) Requirement of Written Assessment.--In the event that a
facility is established in Malta pursuant to subsection (a), the
Secretary of State shall submit a written assessment to the appropriate
committees of Congress not later than 270 days after such a facility
commences operation detailing--
(1) statistics on utilization of the facility by Malta;
(2) the contribution made by the facility to United States
nonproliferation and export control objectives; and
(3) the feasibility of establishing comparable facilities
in other countries identified by the Secretary of State
pursuant to section 583 of the Foreign Assistance Act of 1961,
as added by section 301.
(c) Treatment of Assistance.--Assistance under this section shall
be considered as assistance under section 583(a) of the Foreign
Assistance Act of 1961 (relating to transit interdiction), as added by
section 301.
SEC. 305. EXCEPTION TO AUTHORITY TO CONDUCT INSPECTIONS UNDER THE
CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998.
Section 303 of the Chemical Weapons Convention Implementation Act
of 1998 (as contained in division I of Public Law 105-277) is amended
by adding at the end the following new subsection:
``(c) Exception.--The requirement under subsection (b)(2)(A) shall
not apply to inspections of United States chemical weapons destruction
facilities (as used within the meaning of part IV(C)(13) of the
Verification Annex to the Convention).''.
TITLE IV--ANTITERRORISM ASSISTANCE
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking ``$9,840,000'' and all that follows
through the period and inserting the following: ``$73,000,000 for the
fiscal year 2001.''.
TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING
Subtitle A--Establishment of a National Security Assistance Strategy
SEC. 501. NATIONAL SECURITY ASSISTANCE STRATEGY.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter in connection with
congressional presentation materials of the foreign operations
appropriations budget request, the Secretary of State shall submit to
the appropriate committees of Congress a report setting forth a
National Security Assistance Strategy for the United States.
(b) Elements of the Strategy.--The strategy shall--
(1) set forth a 5-year plan for security assistance
programs;
(2) be consistent with the National Security Strategy of
the United States;
(3) be coordinated with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff;
(4) identify overarching security assistance objectives,
including identification of the role that specific security
assistance programs will play in achieving such objectives;
(5) identify a primary security assistance objective, as
well as specific secondary objectives, for individual
countries;
(6) identify, on a country-by-country basis, how specific
resources will be allocated to accomplish both primary and
secondary objectives;
(7) discuss how specific types of assistance, such as
foreign military financing and international military education
and training, will be combined at the country level to achieve
United States objectives; and
(8) detail, with respect to each of the paragraphs (1)
through (7), how specific types of assistance provided pursuant
to the Arms Export Control Act and Foreign Assistance Act of
1961 are coordinated with United States assistance programs
managed by the Department of Defense and other agencies.
(c) Covered Assistance.--The National Security Assistance Strategy
shall cover assistance provided under--
(1) section 23 of the Arms Export Control Act (22 U.S.C.
2763);
(2) chapters 5, 8, and 9 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.); and
(3) section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321i).
SEC. 502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary of State shall utilize security
assistance surveys in preparation of the National Security Assistance
Strategy required pursuant to section 501 of this Act.
(b) Funding.--Of the amounts made available for fiscal year 2001
under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$2,000,000 is authorized to be available to the Secretary of State to
conduct security assistance surveys, or to request such a survey, on a
reimbursable basis, by the Department of Defense or other United States
Government agencies. Such surveys shall be conducted consistent with
the requirements of section 26 of the Arms Export Control Act.
Subtitle B--Allocations for Certain Countries
SEC. 511. SECURITY ASSISTANCE FOR NEW NATO MEMBERS.
(a) Foreign Military Financing.--Of the amounts made available for
fiscal year 2001 under section 23 of the Arms Export Control Act (22
U.S.C. 2763), $35,000,000 is authorized to be available on a grant
basis for the Czech Republic, Hungary, and Poland.
(b) Military Education and Training.--Of the amounts made available
for fiscal year 2001 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.), $7,000,000 is
authorized to be available only for the Czech Republic, Hungary, and
Poland.
(c) Select Priorities.--In providing assistance under this section,
the President shall give priority to supporting activities consistent
with the objectives set forth in the following conditions of the Senate
resolution of ratification for the Protocols to the North Atlantic
Treaty of 1949 on the Accession of Poland, Hungary, and the Czech
Republic:
(1) Condition (1)(A)(v), (vi), and (vii), relating to
common threats, the core mission of NATO, and the capacity to
respond to common threats.
(2) Condition (1)(B), relating to the fundamental
importance of collective defense.
(3) Condition (1)(C), relating to defense planning, command
structures, and force goals.
(4) Conditions (4)(B)(i) and (4)(B)(ii), relating to
intelligence matters.
SEC. 512. INCREASED TRAINING ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amounts made available for fiscal year 2001
to carry out chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.)--
(1) $1,000,000 is authorized to be available for Greece;
and
(2) $2,500,000 is authorized to be available for Turkey.
(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a), $500,000 of
such amounts should be available only for purposes of professional
military education.
(c) Use for Joint Training.--It is the sense of Congress that, to
the maximum extent practicable, amounts available under subsection (a)
that are used in accordance with subsection (b) should be used for
joint training of Greek and Turkish officers.
SEC. 513. MINIMUM ALLOCATION FOR EGYPT AND ISRAEL.
(a) Availability of Funds.--Of the amounts made available for
fiscal year 2001 for assistance under the ``Foreign Military Financing
Program'' account under section 23 of the Arms Export Control Act (22
U.S.C. 2763), $1,980,000,000 is authorized to be available on a grant
basis for Israel, and $1,300,000,000 is authorized to be available on a
grant basis for Egypt.
(b) Disbursement of Funds.--Funds authorized to be available for
Israel under subsection (a) shall be disbursed not later than 30 days
after the date of enactment of an Act making appropriations for foreign
operations, export financing, and related programs for fiscal year
2001, or October 31, 2000, whichever date is later.
(c) Availability of Funds for Advanced Weapons Systems.--To the
extent the Government of Israel requests that funds be used for such
purposes, grants made available for Israel out of funds authorized to
be available under subsection (a) for Israel shall, as agreed by Israel
and the United States, be available for advanced weapons systems, of
which not less than 26.3 percent shall be available for the procurement
in Israel of defense articles and defense services, including research
and development.
SEC. 514. SECURITY ASSISTANCE FOR CERTAIN COUNTRIES.
(a) Foreign Military Financing.--Of the amounts made available for
fiscal year 2001 under section 23 of the Arms Export Control Act (22
U.S.C. 2763)--
(1) $20,500,000 is authorized to be available on a grant
basis for Estonia, Latvia, and Lithuania;
(2) $5,000,000 is authorized to be available on a grant
basis for the Philippines;
(3) $5,000,000 is authorized to be available on a grant
basis for Georgia;
(4) $1,000,000 is authorized to be available on a grant
basis for Malta;
(5) $4,000,000 is authorized to be available on a grant
basis for Slovenia;
(6) $8,400,000 is authorized to be available on a grant
basis for Slovakia;
(7) $11,000,000 is authorized to be available on a grant
basis for Romania; and
(8) $8,500,000 is authorized to be available on a grant
basis for Bulgaria.
(b) IMET.--Of the amounts made available for fiscal year 2001 to
carry out chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.)--
(1) $4,000,000 is authorized to be available for Estonia,
Latvia, and Lithuania;
(2) $1,500,000 is authorized to be available for the
Philippines;
(3) $1,000,000 is authorized to be available for Georgia;
(4) $1,000,000 is authorized to be available for Malta;
(5) $1,000,000 is authorized to be available for Slovenia;
(6) $1,000,000 is authorized to be available for Slovakia;
(7) $1,500,000 is authorized to be available for Romania;
and
(8) $1,200,000 is authorized to be available for Bulgaria.
SEC. 515. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.
(a) GUUAM Countries and Armenia.--For the purpose of carrying out
section 499C of the Foreign Assistance Act of 1961 and assisting GUUAM
countries and Armenia to strengthen national control of their borders
and to promote the independence and territorial sovereignty of such
countries, the following amounts are authorized to be made available
for fiscal year 2001:
(1) $20,000,000 of the amounts made available for fiscal
year 2001 under section 23 of the Arms Export Control Act (22
U.S.C. 2763).
(2) $10,000,000 of the amounts made available for fiscal
year 2001 under chapter 9 of part II of the Foreign Assistance
Act of 1961, as added by section 301.
(3) $5,000,000 of the amounts made available for fiscal
year 2001 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(4) $2,000,000 of the amounts made available for fiscal
year 2001 to carry out chapter 8 of part II of the Foreign
Assistance Act.
(b) GUUAM Countries Defined.--In this section, the term ``GUUAM
countries'' means the group of countries that signed a protocol on
quadrilateral cooperation on November 25, 1997, together with
Uzbekistan.
TITLE VI--OTHER PROVISIONS
SEC. 601. UTILIZATION OF DEFENSE ARTICLES AND SERVICES.
Section 502 of the Foreign Assistance Act of 1961 (22 U.S.C. 2302)
is amended in the first sentence by inserting ``(including for
antiterrorism and nonproliferation purposes)'' after ``internal
security''.
SEC. 602. SENSE OF THE SENATE REGARDING EXCESS DEFENSE ARTICLES.
It is the sense of the Senate that the President should make
expanded use of the authority provided under section 21(a) of the Arms
Export Control Act to sell excess defense articles by utilizing the
flexibility afforded by section 47 of such Act to ascertain the
``market value'' of excess defense articles.
SEC. 603. SENSE OF THE SENATE.
It is the sense of the Senate that, prior to amending the
International Traffic in Arms Regulations, the Secretary of State
should consult with the Committee on Foreign Relations of the Senate
for the purpose of determining whether certain agreements regarding
defense trade with the United Kingdom and Australia should be submitted
to the Senate as treaties.
SEC. 604. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for fiscal
year 2001.
``(B) Of the amount specified in subparagraph (A) for fiscal year
2001, not more than $50,000,000 may be made available for stockpiles in
the Republic of Korea.''.
SEC. 605. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.
(a) Transfers to Israel.--
(1) Authority.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may
transfer to Israel, in return for concessions to be negotiated
by the Secretary of Defense, with the concurrence of the
Secretary of State, any or all of the items described in
paragraph (2).
(2) Items covered.--The items referred to in paragraph (1)
are munitions such as armor, artillery, automatic weapons
ammunition, missiles, and other munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of
Defense;
(C) are intended for use as reserve stocks for
Israel; and
(D) as of the date of enactment of this Act, are
located in a stockpile in Israel.
(b) Concessions.--The value of concessions negotiated pursuant to
subsection (a) shall be at least equal to the fair market value of the
items transferred. The concessions shall consist solely of cash
compensation.
(c) Advance Notification of Transfer.--Not less than 30 days before
making a transfer under the authority of this section, the President
shall transmit to the Committee on Foreign Relations of the Senate, and
the Committee on International Relations of the House of
Representatives a notification of the proposed transfer. The
notification shall identify the items to be transferred and the
concessions to be received.
(d) Expiration of Authority.--No transfer may be made under the
authority of this section 5 years after the date of enactment of this
Act.
SEC. 606. STINGER MISSILES IN THE PERSIAN GULF REGION.
(a) Prohibition.--Notwithstanding any other provision of law and
except as provided in subsection (b), the United States may not sell or
otherwise make available under the Arms Export Control Act or chapter 2
of part II of the Foreign Assistance Act of 1961 any Stinger ground-to-
air missiles to any country bordering the Persian Gulf.
(b) Additional Transfers Authorized.--In addition to other defense
articles authorized to be transferred by section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
1990, the United States may sell or make available, under the Arms
Export Control Act or chapter 2 of part II of the Foreign Assistance
Act of 1961, Stinger ground to air missiles to any country bordering
the Persian Gulf in order to replace, on a one-for-one basis, Stinger
missiles previously furnished to such country if the Stinger missiles
to be replaced are nearing the scheduled expiration of their shelf-
life.
SEC. 607. EXCESS DEFENSE ARTICLES FOR MONGOLIA.
(a) Uses for Which Funds Are Available.--Notwithstanding section
516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
during fiscal year 2001, funds available to the Department of Defense
may be expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of section 516
of that Act to Mongolia.
(b) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (a) shall include an estimate
of the amount of funds to be expended under subsection (a) with respect
to that transfer.
SEC. 608. SPACE COOPERATION WITH RUSSIAN PERSONS.
(a) Annual Certification.--
(1) Requirement.--The President shall submit each year to
the appropriate committees of Congress, with respect to each
Russian person described in paragraph (2), a certification that
the person is not suspected of contributing to the acquisition,
design, development, or production of MTCR-class ballistic
missiles in Iran at any time since January 1, 2000.
(2) Applicability.--The certification requirement under
paragraph (1) applies with respect to each Russian person that,
as of the date of the certification, is a person engaged in
commercial cooperation relating to MTCR equipment or technology
with a United States person pursuant to an arms export license
that was issued within the 36 months preceding the month in
which the certification is made.
(3) Commencement and termination of requirement.--
(A) Times for submission.--The President shall
submit--
(i) the first certification under paragraph
(1) not later than 60 days after the date of
the enactment of this Act; and
(ii) each annual certification thereafter
on the anniversary of the first submission.
(B) Termination of requirement.--No certification
is required under paragraph (1) after the submission of
the annual certification that is required to be
submitted 5 years after the date on which the first
certification is submitted.
(b) Termination of Existing Licenses.--If, at any time after the
issuance of a license under section 36(c) of the Arms Export Control
Act relating to the use, development, or co-production of commercial
rocket engine technology with a foreign person, the President
determines that the foreign person has engaged in any action described
in section 73(a)(1) of the Arms Export Control Act (22 U.S.C.
2797b(a)(1)) since the date the license was issued, the President may
terminate the license.
(c) Report on Export Licensing of MTCR Items under $50,000,000.--
Section 71(d) of the Arms Export Control Act (22 U.S.C. 2797(d)) is
amended by striking ``Within 15 days'' and all that follows through
``MTCR Annex,'' and inserting ``Within 15 days after the issuance of a
license (including any brokering license) for the export of items
valued at less than $50,000,000 that are controlled under this Act
pursuant to United States obligations under the Missile Technology
Control Regime or are goods or services that are intended to support
the design, utilization, development, or production of a space launch
vehicle system listed in Category I or II of the MTCR Annex,''.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 74(7) of the Arms Export
Control Act (22 U.S.C. 2797c(7)).
(3) MTCR equipment or technology.--The term ``MTCR
equipment or technology'' has the meaning given the term in
section 74(5) of the Arms Export Control Act (22 U.S.C.
2797c(5)).
(4) Person.--The term ``person'' has the meaning given the
term in section 74(8) of the Arms Export Control Act (22 U.S.C.
2797c(8)).
(5) United states person.--The term ``United States
person'' has the meaning given the term in section 74(6) of the
Arms Export Control Act (22 U.S.C. 2797c(6).
SEC. 609. ASSISTANCE FOR ISRAEL.
(a) Definitions.--In this section:
(1) ESF assistance.--The term ``ESF assistance'' means
assistance under chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.), relating to the economic
support fund.
(2) Foreign military financing program.--The term ``Foreign
Military Financing Program'' means the program authorized by
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for each of
the fiscal years 2001 through 2008 for ESF assistance, not less
than the amount specified in paragraph (2) for each such fiscal
year shall be available only for Israel.
(2) Computation of amount.--Subject to subsection (d), the
amount referred to in paragraph (1) is equal to--
(A) the amount made available for ESF assistance
for Israel for the preceding fiscal year, minus
(B) $120,000,000.
(c) FMF Program.--
(1) In general.--Of the amount made available for each of
the fiscal years 2001 through 2008 for assistance under the
Foreign Military Financing Program, not less than the amount
specified in paragraph (2) for each such fiscal year shall be
available only for Israel.
(2) Computation of amount.--Subject to subsection (d), the
amount referred to in paragraph (1) is equal to--
(A) the amount made available for assistance under
the Foreign Military Financing Program for Israel for
the preceding fiscal year, plus
(B) $60,000,000.
(d) Exclusion of Rescissions and Supplemental Appropriations.--For
purposes of this section, the computation of amounts made available for
a fiscal year shall not take into account any amount rescinded by an
Act or any amount appropriated by an Act making supplemental
appropriations for a fiscal year.
TITLE VII--TRANSFERS OF NAVAL VESSELS
SEC. 701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Brazil.--The President is authorized to transfer to the
Government of Brazil two ``THOMASTON'' class dock landing ships ALAMO
(LSD 33) and HERMITAGE (LSD 34), and four ``GARCIA'' class frigates
BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048) and ALBERT
DAVID (FF 1050). Such transfers shall be on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Chile.--The President is authorized to transfer to the
Government of the Chile two ``OLIVER HAZARD PERRY'' class guided
missile frigates WADSWORTH (FFG 9), and ESTOCIN (FFG 15). Such
transfers shall be on a combined lease-sale basis under sections 61 and
21 of the Arms Export Control Act (22 U.S.C. 2796, 2761).
(c) Greece.--The President is authorized to transfer to the
Government of Greece two ``KNOX'' class frigates VREELAND (FF 1068),
and TRIPPE (FF 1075). Such transfers shall be on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Turkey.--The President is authorized to transfer to the
Government of Turkey two ``OLIVER HAZARD PERRY'' class guided missile
frigates JOHN A. MOORE (FFG 19), and FLATLEY (FFG 21). Such transfers
shall be on a combined lease-sale basis under sections 61 and 21 of the
Arms Export Control Act (22 U.S.C. 2796, 2761). The authority granted
by this section is in addition to that granted under section 1018(a)(9)
of Public Law 106-65.
SEC. 702. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF
TRANSFERRED EXCESS DEFENSE ARTICLES.
The value of naval vessels authorized under section 701 of this Act
to be transferred on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) shall not be included in the
aggregate annual value of transferred excess defense articles which is
subject to the aggregate annual limitation set forth in section 516(g)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).
SEC. 703. COSTS OF TRANSFERS.
Any expense of the United States in connection with a transfer
authorized by this Act shall be charged to the recipient.
SEC. 704. CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS.
A transfer of a vessel on a combined lease-sale basis authorized by
section 701 shall be made in accordance with the following
requirements:
(1) The President may initially transfer the vessel by
lease, with lease payments suspended for the term of the lease,
if the country entering into the lease for the vessel
simultaneously enters into a foreign military sales agreement
for the transfer of title to the vessel.
(2) The President may not deliver to the purchasing country
title to the vessel until the purchase price of the vessel
under such a foreign military sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a
sales agreement and delivery of title to the recipient country,
the President shall terminate the lease.
(4) If the purchasing country fails to make full payment of
the purchase price in accordance with the sales agreement by
the date required under the sales agreement--
(A) the sales agreement shall be immediately
terminated;
(B) the suspension of lease payments under the
lease shall be vacated; and
(C) the United States shall be entitled to retain
all funds received on or before the date of the
termination under the sales agreement, up to the amount
of lease payments due and payable under the lease and
all other costs required by the lease to be paid to
that date.
(5) If a sales agreement is terminated pursuant to
paragraph (4), the United States shall not be required to pay
any interest to the recipient country on any amount paid to the
United States by the recipient country under the sales
agreement and not retained by the United States under the
lease.
SEC. 705. FUNDING OF CERTAIN COSTS OF TRANSFERS.
There are authorized to be appropriated to the Defense Vessels
Transfer Program Account such funds as may be necessary to cover the
costs (as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a)) of the lease-sale transfers authorized by section
701. Funds authorized to be appropriated under the preceding sentence
for the purpose described in that sentence may not be available for any
other purpose.
SEC. 706. EXPIRATION OF AUTHORITY.
The authority granted by section 701 of this Act shall expire two
years after the date of enactment of this Act.
TITLE VIII--DEFINITION
SEC. 801. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this Act, the term ``appropriate committees of Congress'' means
the Committee on Foreign Relations and the Committee on Armed Services
of the Senate and the Committee on International Relations and the
Committee on Armed Services of the House of Representatives.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4919
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AMENDMENT
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