[Congressional Record Volume 147, Number 173 (Thursday, December 13, 2001)]
[House]
[Pages H10080-H10082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DIRECTING SECRETARY OF THE SENATE TO MAKE TECHNICAL CORRECTION IN 
   ENROLLMENT OF S. 1438, NATIONAL DEFENSE AUTHORIZATION ACT FOR 2002

  Mr. STUMP. Mr. Speaker, I ask unanimous consent for the immediate 
consideration of the concurrent resolution (H. Con. Res. 288) directing 
the Secretary of the Senate to make a technical correction in the 
enrollment of S. 1438.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  The Clerk read the concurrent resolution, as follows:

                            H. Con. Res. 288

       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 Pro-
     jects.--'';
       (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

[[Page H10081]]

       (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 
     burdendsharing 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

[[Page H10082]]

       ``(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).

  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________