[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 288 Enrolled Bill (ENR)]
H.Con.Res.288
Agreed to December 13, 2001
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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).
Attest:
Clerk of the House of Representatives.
Attest:
Secretary of the Senate.