[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 288 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
H. CON. RES. 288

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill (S. 1438) to authorize 
appropriations for fiscal year 2002 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, the Secretary of the Senate shall make the following 
correction:
    Strike section 1212 and insert the following:

SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE 
              RESEARCH AND DEVELOPMENT PROJECTS.

    (a) Eligibility of Friendly Foreign Countries.--Section 2350a of 
title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a) Authority To 
                Engage in Cooperative R&D Projects.--';
                    (B) by striking ``major allies of the United States 
                or NATO organizations'' and inserting ``countries or 
                organizations referred to in paragraph (2)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) The countries and organizations with which the Secretary may 
enter into a memorandum of agreement (or other formal agreement) under 
paragraph (1) are as follows:
            ``(A) The North Atlantic Treaty Organization.
            ``(B) A NATO organization.
            ``(C) A member nation of the North Atlantic Treaty 
        Organization.
            ``(D) A major non-NATO ally.
            ``(E) Any other friendly foreign country.'';
            (2) in subsection (b)(1)--
                    (A) by striking ``its major non-NATO allies'' and 
                inserting ``a country or organization referred to in 
                subsection (a)(2)''; and
                    (B) by striking ``(NATO)'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``the major 
                allies of the United States'' and inserting ``countries 
                and organizations referred to in subsection (a)(2)''; 
                and
                    (B) in paragraph (2)--
                            (i) by striking ``major ally of the United 
                        States'' and inserting ``country or 
                        organization referred to in subsection 
                        (a)(2)''; and
                            (ii) by striking ``that ally's 
                        contribution'' and inserting ``the contribution 
                        of that country or organization'';
            (4) in subsection (e)(2)--
                    (A) in subparagraph (A), by striking ``one or more 
                of the major allies of the United States'' and 
                inserting ``any country or organization referred to in 
                subsection (a)(2)'';
                    (B) in subparagraph (B), by striking ``major allies 
                of the United States or NATO organizations'' and 
                inserting ``countries and organizations referred to in 
                subsection (a)(2)'';
                    (C) in subparagraph (C), by striking ``major allies 
                of the United States'' and inserting ``countries and 
                organizations referred to in subsection (a)(2)''; and
                    (D) in subparagraph (D), by striking ``major allies 
                of the United States'' and inserting ``countries and 
                organizations referred to in subsection (a)(2)'';
            (5) paragraphs (1)(A) and (4)(A) of subsection (g), by 
        striking ``major allies of the United States and other friendly 
        foreign countries'' and inserting ``countries referred to in 
        subsection (a)(2)'';
            (6) in subsection (h), by striking ``major allies of the 
        United States'' and inserting ``member nations of the North 
        Atlantic Treaty Organization, major non-NATO allies, and other 
        friendly foreign countries''; and
            (7) in subsection (i)--
                    (A) in paragraph (1), by striking ``major allies of 
                the United States or NATO organizations'' and inserting 
                ``countries and organizations referred to in subsection 
                (a)(2)'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
    (b) Notice-and-Wait Requirement.--Subsection (a) of such section is 
further amended by adding at the end the following new paragraph:
    ``(3) If such a memorandum of understanding (or other formal 
agreement) is with a country referred to in subparagraph (E) of 
paragraph (2), such memorandum (or agreement) may go into effect only 
after the Secretary submits to the Committees on Armed Services and on 
Foreign Relations of the Senate and to the Committees on Armed Services 
and on International Relations of the House of Representatives a report 
with respect to the proposed memorandum (or agreement) and a period of 
30 days has passed after the report has been submitted.''.
    (c) Delegation of Authority To Determine Eligibility of Projects.--
Subsection (b)(2) of such section is amended by striking ``to the 
Deputy Secretary of Defense'' and all that follows through the period 
at the end and inserting ``to the Deputy Secretary of Defense and to 
one other official of the Department of Defense.''.
    (d) Revision of Requirement for Annual Report on Eligible 
Countries.--Subsection (f)(2) of such section is amended to read as 
follows:
    ``(2) Not later than January 1 of each year, the Secretary of 
Defense shall submit to the Committees on Armed Services and on Foreign 
Relations of the Senate and to the Committees on Armed Services and on 
International Relations of the House of Representatives a report 
specifying--
            ``(A) the countries that are eligible to participate in a 
        cooperative project agreement under this section; and
            ``(B) the criteria used to determine the eligibility of 
        such countries.''.
    (e) Conforming Amendments.--(1) The heading of such section is 
amended to read as follows:
``Sec. 2350a. Cooperative research and development agreements: NATO 
              organizations; allied and friendly foreign countries''.
    (2) The item relating to such section in the table of sections at 
the beginning of subchapter II of chapter 138 of title 10, United 
States Code, is amended to read as follows:

``2350a. Cooperative research and development agreements: NATO 
                            organizations; allied and friendly foreign 
                            countries.''.

SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND 
              INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL USE OF TEST 
              FACILITIES.

    (a) Authority.--Subchapter II of chapter 138 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2350l. Cooperative agreements for reciprocal use of test 
              facilities: foreign countries and international 
              organizations
    ``(a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may enter into a memorandum of understanding 
(or other formal agreement) with a foreign country or international 
organization to provide for the testing, on a reciprocal basis, of 
defense equipment (1) by the United States using test facilities of 
that country or organization, and (2) by that country or organization 
using test facilities of the United States.
    ``(b) Payment of Costs.--A memorandum or other agreement under 
subsection (a) shall provide that, when a party to the agreement uses a 
test facility of another party to the agreement, the party using the 
test facility is charged by the party providing the test facility in 
accordance with the following principles:
            ``(1) The user party shall be charged the amount equal to 
        the direct costs incurred by the provider party in furnishing 
        test and evaluation services by the providing party's officers, 
        employees, or governmental agencies.
            ``(2) The user party may also be charged indirect costs 
        relating to the use of the test facility, but only to the 
        extent specified in the memorandum or other agreement.
    ``(c) Determination of Indirect Costs; Delegation of Authority.--
(1) The Secretary of Defense shall determine the appropriateness of the 
amount of indirect costs charged by the United States pursuant to 
subsection (b)(2).
    (2) The Secretary may delegate the authority under paragraph (1) 
only to the Deputy Secretary of Defense and to one other official of 
the Department of Defense.
    ``(d) Retention of Funds Collected by the United States.--Amounts 
collected by the United States from a party using a test facility of 
the United States pursuant to a memorandum or other agreement under 
this section shall be credited to the appropriation accounts from which 
the costs incurred by the United States in providing such test facility 
were paid.
    ``(e) Definitions.--In this section:
            ``(1) The term `direct cost', with respect to the use of a 
        test facility pursuant to a memorandum or other agreement under 
        subsection (a)--
                    ``(A) means any item of cost that is easily and 
                readily identified to a specific unit of work or output 
                within the test facility where the use occurred, that 
                would not have been incurred if such use had not 
                occurred; and
                    ``(B) may include costs of labor, materials, 
                facilities, utilities, equipment, supplies, and any 
                other resources of the test facility that are consumed 
                or damaged in connection with--
                            ``(i) the use; or
                            ``(ii) the maintenance of the test facility 
                        for purposes of the use.
            ``(2) The term `indirect cost', with respect to the use of 
        a test facility pursuant to a memorandum or other agreement 
        under subsection (a)--
                    ``(A) means any item of cost that is not easily and 
                readily identified to a specific unit of work or output 
                within the test facility where the use occurred; and
                    ``(B) may include general and administrative 
                expenses for such activities as supporting base 
                operations, manufacturing, supervision, procurement of 
                office supplies, and utilities that are accumulated 
                costs allocated among several users.
            ``(3) The term `test facility' means a range or other 
        facility at which testing of defense equipment may be carried 
        out.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2350l. Cooperative agreements for reciprocal use of test facilities: 
                            foreign countries and international 
                            organizations.''.

SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.

    It is the sense of Congress that--
            (1) the efforts of the President to increase defense 
        burdensharing by allied and friendly nations deserve strong 
        support; and
            (2) host nation support agreements with those nations in 
        which United States military personnel are assigned to 
        permanent duty ashore should be negotiated consistent with 
        section 1221(a)(1) of the National Defense Authorization Act 
        for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 1541(a)(1)), 
        which sets forth a goal of obtaining from any such host nation 
        financial contributions that amount to 75 percent of the 
        nonpersonnel costs incurred by the United States Government for 
        stationing United States military personnel in that nation.

                          Subtitle C--Reports

SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY 
              HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S 
              REPUBLIC OF CHINA.

    Section 1202 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 note) is 
amended by adding at the end the following new subsection:
    ``(d) Report on Significant Sales and Transfers to China.--(1) The 
report to be submitted under this section not later than March 1, 2002, 
shall include in a separate section a report describing any significant 
sale or transfer of military hardware, expertise, and technology to the 
People's Republic of China. The report shall set forth the history of 
such sales and transfers since 1995, forecast possible future sales and 
transfers, and address the implications of those sales and transfers 
for the security of the United States and its friends and allies in 
Asia.
    ``(2) The report shall include analysis and forecasts of the 
following matters related to military cooperation between selling 
states and the People's Republic of China:
            ``(A) The extent in each selling state of government 
        knowledge, cooperation, or condoning of sales or transfers of 
        military hardware, expertise, or technology to the People's 
        Republic of China.
            ``(B) An itemization of significant sales and transfers of 
        military hardware, expertise, or technology from each selling 
        state to the People's Republic of China that have taken place 
        since 1995, with a particular focus on command, control, 
        communications, and intelligence systems.
            ``(C) Significant assistance by any selling state to key 
        research and development programs of China, including programs 
        for development of weapons of mass destruction and delivery 
        vehicles for such weapons, programs for development of advanced 
        conventional weapons, and programs for development of 
        unconventional weapons.
            ``(D) The extent to which arms sales by any selling state 
        to the People's Republic of China are a source of funds for 
        military research and development or procurement programs in 
        the selling state.
    ``(3) The report under paragraph (1) shall include, with respect to 
each area of analysis and forecasts specified in paragraph (2)--
            ``(A) an assessment of the military effects of such sales 
        or transfers to entities in the People's Republic of China;
            ``(B) an assessment of the ability of the People's 
        Liberation Army to assimilate such sales or transfers, mass 
        produce new equipment, or develop doctrine for use; and
            ``(C) the potential threat of developments related to such 
        effects on the security interests of the United States and its 
        friends and allies in Asia.''.

SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON MILITARY 
              DEPLOYMENTS TO HAITI.

    Section 1232(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788; 50 U.S.C. 1541 
note) is repealed.

SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF DEFENSE 
              ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING 
              TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.

    (a) Study.--The Comptroller General shall conduct a study of the 
following:
            (1) The benefits derived by each foreign country or 
        international organization from the receipt of defense 
        articles, defense services, or military education and training 
        provided after December 31, 1989, pursuant to the drawdown of 
        such articles, services, or education and training from the 
        stocks of the Department of Defense under section 506, 516, or 
        552 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 
        2321j, or 2348a) or any other provision of law.
            (2) Any benefits derived by the United States from the 
        provision of defense articles, defense services, and military 
        education and training described in paragraph (1).
            (3) The effect on the readiness of the Armed Forces as a 
        result of the provision by the United States of defense 
        articles, defense services, and military education and training 
        described in paragraph (1).
            (4) The cost to the Department of Defense with respect to 
        the provision of defense articles, defense services, and 
        military education and training described in paragraph (1).
    (b) Reports.--(1) Not later than April 15, 2002, the Comptroller 
General shall submit to Congress an interim report containing the 
results to that date of the study conducted under subsection (a).
    (2) Not later than August 1, 2002, the Comptroller General shall 
submit to Congress a final report containing the results of the study 
conducted under subsection (a).

            Passed the House of Representatives December 13, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                            H. CON. RES. 288

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Directing the Secretary of the Senate to make a technical correction in 
                       the enrollment of S. 1438.