PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 845

Public Law 106–280

106th Congress

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Security Assistance Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—MILITARY AND RELATED ASSISTANCE

Subtitle A—Foreign Military Sales and Financing Authorities

Sec. 101. Authorization of appropriations.

Sec. 102. Requirements relating to country exemptions for licensing of defense

items for export to foreign countries.

Subtitle B—Stockpiling of Defense Articles for Foreign Countries

Sec. 111. Additions to United States war reserve stockpiles for allies.

Sec. 112. Transfer of certain obsolete or surplus defense articles in the war reserve

stockpiles for allies to Israel.

Subtitle C—Other Assistance

Sec. 121. Defense drawdown special authorities.

Sec. 122. Increased authority for the transport of excess defense articles.

TITLE II—INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 201. Authorization of appropriations.

Sec. 202. Additional requirements.

TITLE III—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Sec. 301. Nonproliferation and export control assistance.

Sec. 302. Nonproliferation and export control training in the United States.

Sec. 303. Science and technology centers.

Sec. 304. Trial transit program.

Sec. 305. Exception to authority to conduct inspections under the Chemical Weapons Convention Implementation Act of 1998.

TITLE IV—ANTITERRORISM ASSISTANCE

Sec. 401. Authorization of appropriations.

TITLE V—INTEGRATED SECURITY ASSISTANCE PLANNING

Subtitle A—Establishment of a National Security Assistance Strategy

Sec. 501. National Security Assistance Strategy.

22 USC 2151

note.

Security

Assistance Act of

2000.

Oct. 6, 2000

[H.R. 4919]

114 STAT. 846 PUBLIC LAW 106–280—OCT. 6, 2000

Subtitle B—Allocations for Certain Countries

Sec. 511. Security assistance for new NATO members.

Sec. 512. Increased training assistance for Greece and Turkey.

Sec. 513. Assistance for Israel.

Sec. 514. Assistance for Egypt.

Sec. 515. Security assistance for certain countries.

Sec. 516. Border security and territorial independence.

TITLE VI—TRANSFERS OF NAVAL VESSELS

Sec. 601. Authority to transfer naval vessels to certain foreign countries.

Sec. 602. Inapplicability of aggregate annual limitation on value of transferred

excess defense articles.

Sec. 603. Costs of transfers.

Sec. 604. Conditions relating to combined lease-sale transfers.

Sec. 605. Funding of certain costs of transfers.

Sec. 606. Repair and refurbishment in United States shipyards.

Sec. 607. Sense of the Congress regarding transfer of naval vessels on a grant

basis.

Sec. 608. Expiration of authority.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Utilization of defense articles and defense services.

Sec. 702. Annual military assistance report.

Sec. 703. Report on government-to-government arms sales end-use monitoring

program. Sec. 704. MTCR report transmittals.

Sec. 705. Stinger missiles in the Persian Gulf region.

Sec. 706. Sense of the Congress regarding excess defense articles.

Sec. 707. Excess defense articles for Mongolia.

Sec. 708. Space cooperation with Russian persons.

Sec. 709. Sense of the Congress relating to military equipment for the Philippines.

Sec. 710. Waiver of certain costs.

SEC. 2. DEFINITION.

In this Act, 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.

TITLE I—MILITARY AND RELATED

ASSISTANCE

Subtitle A—Foreign Military Sales and

Financing Authorities

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

$3,550,000,000 for fiscal year 2001 and $3,627,000,000 for fiscal

year 2002.

SEC. 102. REQUIREMENTS RELATING TO COUNTRY EXEMPTIONS FOR

LICENSING OF DEFENSE ITEMS FOR EXPORT TO FOREIGN COUNTRIES.

(a) REQUIREMENTS OF EXEMPTION.—Section 38 of the Arms

Export Control Act (22 U.S.C. 2778) is amended by adding at

the end the following:

‘‘( j) REQUIREMENTS RELATING TO COUNTRY EXEMPTIONS FOR

LICENSING OF DEFENSE ITEMS FOR EXPORT TO FOREIGN COUNTRIES.—

22 USC 2305

note.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 847

‘‘(1) REQUIREMENT FOR BILATERAL AGREEMENT.—

‘‘(A) IN GENERAL.—The President may utilize the regulatory or other authority pursuant to this Act to exempt

a foreign country from the licensing requirements of this

Act with respect to exports of defense items only if the

United States Government has concluded a binding

bilateral agreement with the foreign country. Such agreement shall—

‘‘(i) meet the requirements set forth in paragraph

(2); and

‘‘(ii) be implemented by the United States and

the foreign country in a manner that is legally-binding

under their domestic laws.

‘‘(B) EXCEPTION.—The requirement to conclude a

bilateral agreement in accordance with subparagraph (A)

shall not apply with respect to an exemption for Canada

from the licensing requirements of this Act for the export

of defense items.

‘‘(2) REQUIREMENTS OF BILATERAL AGREEMENT.—A bilateral

agreement referred to paragraph (1)—

‘‘(A) shall, at a minimum, require the foreign country,

as necessary, to revise its policies and practices, and

promulgate or enact necessary modifications to its laws

and regulations to establish an export control regime that

is at least comparable to United States law, regulation,

and policy requiring—

‘‘(i) conditions on the handling of all United Statesorigin defense items exported to the foreign country,

including prior written United States Government

approval for any reexports to third countries;

‘‘(ii) end-use and retransfer control commitments,

including securing binding end-use and retransfer control commitments from all end-users, including such

documentation as is needed in order to ensure compliance and enforcement, with respect to such United

States-origin defense items;

‘‘(iii) establishment of a procedure comparable to

a ‘watchlist’ (if such a watchlist does not exist) and

full cooperation with United States Government law

enforcement agencies to allow for sharing of export

and import documentation and background information

on foreign businesses and individuals employed by or

otherwise connected to those businesses; and

‘‘(iv) establishment of a list of controlled defense

items to ensure coverage of those items to be exported

under the exemption; and

‘‘(B) should, at a minimum, require the foreign country,

as necessary, to revise its policies and practices, and

promulgate or enact necessary modifications to its laws

and regulations to establish an export control regime that

is at least comparable to United States law, regulation,

and policy regarding—

‘‘(i) controls on the export of tangible or intangible

technology, including via fax, phone, and electronic

media;

114 STAT. 848 PUBLIC LAW 106–280—OCT. 6, 2000

‘‘(ii) appropriate controls on unclassified information relating to defense items exported to foreign

nationals;

‘‘(iii) controls on international arms trafficking and

brokering;

‘‘(iv) cooperation with United States Government

agencies, including intelligence agencies, to combat

efforts by third countries to acquire defense items,

the export of which to such countries would not be

authorized pursuant to the export control regimes of

the foreign country and the United States; and

‘‘(v) violations of export control laws, and penalties

for such violations.

‘‘(3) ADVANCE CERTIFICATION.—Not less than 30 days before

authorizing an exemption for a foreign country from the

licensing requirements of this Act for the export of defense

items, the President shall transmit to the Committee on International Relations of the House of Representatives and the

Committee on Foreign Relations of the Senate a certification

that—

‘‘(A) the United States has entered into a bilateral

agreement with that foreign country satisfying all requirements set forth in paragraph (2);

‘‘(B) the foreign country has promulgated or enacted

all necessary modifications to its laws and regulations to

comply with its obligations under the bilateral agreement

with the United States; and

‘‘(C) the appropriate congressional committees will continue to receive notifications pursuant to the authorities,

procedures, and practices of section 36 of this Act for

defense exports to a foreign country to which that section

would apply and without regard to any form of defense

export licensing exemption otherwise available for that

country.

‘‘(4) DEFINITIONS.—In this section:

‘‘(A) DEFENSE ITEMS.—The term ‘defense items’ means

defense articles, defense services, and related technical

data.

‘‘(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The

term ‘appropriate congressional committees’ means—

‘‘(i) the Committee on International Relations and

the Committee on Appropriations of the House of Representatives; and

‘‘(ii) the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.’’.

(b) NOTIFICATION OF EXEMPTION.—Section 38(f ) of the Arms

Export Control Act (22 U.S.C. 2778(f )) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(f )’’; and

(2) by adding at the end the following:

‘‘(2) The President may not authorize an exemption for a foreign

country from the licensing requirements of this Act for the export

of defense items under subsection ( j) or any other provision of

this Act until 30 days after the date on which the President has

transmitted to the Committee on International Relations of the

House of Representatives and the Committee on Foreign Relations

of the Senate a notification that includes—

Deadline.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 849

‘‘(A) a description of the scope of the exemption, including

a detailed summary of the defense articles, defense services,

and related technical data covered by the exemption; and

‘‘(B) a determination by the Attorney General that the

bilateral agreement concluded under subsection ( j) requires

the compilation and maintenance of sufficient documentation

relating to the export of United States defense articles, defense

services, and related technical data to facilitate law enforcement

efforts to detect, prevent, and prosecute criminal violations

of any provision of this Act, including the efforts on the part

of countries and factions engaged in international terrorism

to illicitly acquire sophisticated United States defense items.

‘‘(3) Paragraph (2) shall not apply with respect to an exemption

for Canada from the licensing requirements of this Act for the

export of defense items.’’.

(c) EXPORTS OF COMMERCIAL COMMUNICATIONS SATELLITES.—

(1) AMENDMENT OF THE ARMS EXPORT CONTROL ACT.—

Section 36(c)(2) of the Arms Export Control Act (22 U.S.C.

2776(c)(2)) is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (A);

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following:

‘‘(B) in the case of a license for an export of a commercial

communications satellite for launch from, and by nationals

of, the Russian Federation, Ukraine, or Kazakhstan, shall not

be issued until at least 15 calendar days after the Congress

receives such certification, and shall not be issued then if

the Congress, within that 15-day period, enacts a joint resolution prohibiting the proposed export; and’’.

(2) SENSE OF THE CONGRESS.—It is the sense of the Congress that the appropriate committees of Congress and the

appropriate agencies of the United States Government should

review the commodity jurisdiction of United States commercial

communications satellites.

(d) SENSE OF THE CONGRESS ON SUBMISSION TO THE SENATE

OF CERTAIN AGREEMENTS AS TREATIES.—It is the sense of the

Congress that, prior to amending the International Traffic in Arms

Regulations, the Secretary of State should consult with the appropriate committees of Congress 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.

Subtitle B—Stockpiling of Defense Articles

for Foreign Countries

SEC. 111. 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.

114 STAT. 850 PUBLIC LAW 106–280—OCT. 6, 2000

‘‘(B) Of the amount specified in subparagraph (A), not more

than $50,000,000 may be made available for stockpiles in the

Republic of Korea.’’.

SEC. 112. 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

is authorized to 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, equipment, and material such as armor,

artillery, automatic weapons ammunition, and missiles 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 the 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 may include cash

compensation, services, waiver of charges otherwise payable by

the United States, and other items of value.

(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 3 years after the date of the

enactment of this Act.

Subtitle C—Other Assistance

SEC. 121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

(a) EMERGENCY DRAWDOWN.—Section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) is amended

by striking ‘‘$150,000,000’’ and inserting ‘‘$200,000,000’’.

(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’’ at the end of subclause (II); 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’’.

Deadline.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 851

SEC. 122. INCREASED AUTHORITY FOR THE TRANSPORT OF EXCESS

DEFENSE ARTICLES.

Section 516(e)(2)(C) of the Foreign Assistance Act of 1961 (22

U.S.C. 2321j(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 to the President $55,000,000 for fiscal year 2001 and $65,000,000 for fiscal year

2002 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.

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 new sections:

‘‘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. PURPOSES.

‘‘The purposes of assistance under this chapter are to halt

the proliferation of nuclear, chemical, and biological weapons, and

conventional weaponry, through support of activities 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;

22 USC 2349bb.

22 USC 2347g.

22 USC 2347f.

114 STAT. 852 PUBLIC LAW 106–280—OCT. 6, 2000

‘‘(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;

‘‘(3) to accomplish the activities and objectives set forth

in sections 503 and 504 of the FREEDOM Support Act (22

U.S.C. 5853, 5854), without regard to the limitation of those

sections to the independent states of the former Soviet Union;

and

‘‘(4) to promote multilateral activities, including cooperation

with international organizations, relating to nonproliferation.

‘‘SEC. 582. AUTHORIZATION OF ASSISTANCE.

‘‘Notwithstanding any other provision of law (other than section

502B or section 620A of this Act), the President is authorized

to furnish, on such terms and conditions as the President may

determine, assistance in order to carry out the purposes of this

chapter. Such assistance may include training services and the

provision of funds, 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. 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 proliferationrelated 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 are authorized

to be appropriated to the President to carry out this chapter

$129,000,000 for fiscal year 2001 and $142,000,000 for fiscal year

2002.

‘‘(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.

‘‘(c) TREATMENT OF FISCAL YEAR 2001 APPROPRIATIONS.—

Amounts made available by the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2001, under

‘Nonproliferation, Antiterrorism, Demining, and Related Programs’

and ‘Assistance for the Independent States of the Former Soviet

Union’ accounts for the activities described in subsection (d) shall

be considered to be made available pursuant to this chapter.

‘‘(d) COVERED ACTIVITIES.—The activities referred to in subsection (c) are—

22 USC

2349bb–4.

22 USC

2349bb–3.

22 USC

2349bb–2.

22 USC

2349bb–1.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 853

‘‘(1) assistance under the Nonproliferation and Disarmament Fund;

‘‘(2) assistance for science and technology centers in the

independent states of the former Soviet Union;

‘‘(3) export control assistance; and

‘‘(4) export control and border assistance under chapter

11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

2295 et seq.) or the FREEDOM Support Act (22 U.S.C. 5801

et seq.).’’.

SEC. 302. NONPROLIFERATION AND EXPORT CONTROL TRAINING IN

THE UNITED STATES.

Of the amounts made available for fiscal years 2001 and 2002

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

each such fiscal year for the purpose of training and education

of personnel from friendly countries in the United States.

SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.

(a) AVAILABILITY OF FUNDS.—Of the amounts made available

for the fiscal years 2001 and 2002 under chapter 9 of part II

of the Foreign Assistance Act of 1961, as added by section 301,

$59,000,000 for fiscal year 2001 and $65,000,000 for fiscal year

2002 are authorized to be available for science and technology

centers in the independent states of the former Soviet Union.

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress,

taking into account section 1132 of H. R. 3427 of the One Hundred

Sixth Congress (as enacted by section 1000(a)(7) 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

114 STAT. 854 PUBLIC LAW 106–280—OCT. 6, 2000

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 (22 U.S.C. 6723) 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: ‘‘$72,000,000

for fiscal year 2001 and $73,000,000 for fiscal year 2002.’’.

TITLE V—INTEGRATED SECURITY

ASSISTANCE PLANNING

Subtitle A—Establishment of a National

Security Assistance Strategy

SEC. 501. NATIONAL SECURITY ASSISTANCE STRATEGY.

(a) MULTIYEAR PLAN.—Not later than 180 days after the date

of the enactment of this Act, and annually thereafter at the time

of submission of the congressional presentation materials of the

foreign operations appropriations budget request, the Secretary of

State should submit to the appropriate committees of Congress

a plan setting forth a National Security Assistance Strategy for

the United States.

(b) ELEMENTS OF THE STRATEGY.—The National Security Assistance Strategy should—

(1) set forth a multi-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) be prepared, in consultation with other agencies, as

appropriate;

(5) identify overarching security assistance objectives,

including identification of the role that specific security assistance programs will play in achieving such objectives;

(6) identify a primary security assistance objective, as well

as specific secondary objectives, for individual countries;

Deadline.

22 USC 2305.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 855

(7) identify, on a country-by-country basis, how specific

resources will be allocated to accomplish both primary and

secondary objectives;

(8) 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

(9) detail, with respect to each of the paragraphs (1)

through (8), how specific types of assistance provided pursuant

to the Arms Export Control Act and the 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 should cover assistance provided under—

(1) section 23 of the Arms Export Control Act (22 U.S.C.

2763);

(2) chapter 5 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).

Subtitle B—Allocations for Certain

Countries

SEC. 511. SECURITY ASSISTANCE FOR NEW NATO MEMBERS.

(a) FOREIGN MILITARY FINANCING.—Of the amounts made available for the fiscal years 2001 and 2002 under section 23 of the

Arms Export Control Act (22 U.S.C. 2763), $30,300,000 for fiscal

year 2001 and $35,000,000 for fiscal year 2002 are authorized

to be available on a grant basis for all of the following countries:

the Czech Republic, Hungary, and Poland.

(b) MILITARY EDUCATION AND TRAINING.—Of the amounts made

available for the fiscal years 2001 and 2002 to carry out chapter

5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.

2347 et seq.), $5,100,000 for fiscal year 2001 and $7,000,000 for

fiscal year 2002 are authorized to be available for all of the following

countries: the Czech Republic, Hungary, and Poland.

(c) SELECT PRIORITIES.—In providing assistance under this section, the President shall give priority to supporting activities that

are 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.

114 STAT. 856 PUBLIC LAW 106–280—OCT. 6, 2000

SEC. 512. INCREASED TRAINING ASSISTANCE FOR GREECE AND TURKEY.

(a) IN GENERAL.—Of the amounts made available for the fiscal

years 2001 and 2002 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 for fiscal year 2001 and $1,000,000 for fiscal

year 2002 are authorized to be available for Greece; and

(2) $2,500,000 for fiscal year 2001 and $2,500,000 for fiscal

year 2002 are authorized to be available for Turkey.

(b) USE FOR PROFESSIONAL MILITARY EDUCATION.—Of the

amounts available under paragraphs (1) and (2) of subsection (a)

for fiscal year 2002, $500,000 of each such amount should be available for purposes of professional military education.

(c) USE FOR JOINT TRAINING.—It is the sense of the 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. 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 and 2002 for ESF assistance, the

amount specified in paragraph (2) for each such fiscal year

is authorized to be made available 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 and 2002 for assistance under the

Foreign Military Financing Program, the amount specified in

paragraph (2) for each such fiscal year is authorized to be

made available on a grant basis 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.

(3) DISBURSEMENT OF FUNDS.—Funds authorized to be

available for Israel under subsection (b)(1) and paragraph (1)

of this subsection for fiscal year 2001 shall be disbursed not

later than 30 days after the date of the 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.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 857

(4) 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 paragraph

(1) for Israel for fiscal year 2001 shall, as agreed by Israel

and the United States, be available for advanced weapons

systems, of which not less than $520,000,000 shall be available

for the procurement in Israel of defense articles and defense

services, including research and development.

(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.

SEC. 514. ASSISTANCE FOR EGYPT.

(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 and 2002 for ESF assistance, the

amount specified in paragraph (2) for each such fiscal year

is authorized to be made available for Egypt.

(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 Egypt during the preceding fiscal year, minus

(B) $40,000,000.

(c) FMF PROGRAM.—Of the amount made available for each

of the fiscal years 2001 and 2002 for assistance under the Foreign

Military Financing Program, $1,300,000,000 is authorized to be

made available on a grant basis for Egypt.

(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.

(e) DISBURSEMENT OF FUNDS.—Funds estimated to be outlayed

for Egypt under subsection (c) during fiscal year 2001 shall be

disbursed to an interest-bearing account for Egypt in the Federal

Reserve Bank of New York within 30 days of the date of the

enactment of this Act, or by October 31, 2000, whichever is later,

provided that—

(1) withdrawal of funds from such account shall be made

only on authenticated instructions from the Defense Finance

and Accounting Service of the Department of Defense;

(2) in the event such account is closed, the balance of

the account shall be transferred promptly to the appropriations

account for the Foreign Military Financing Program; and

114 STAT. 858 PUBLIC LAW 106–280—OCT. 6, 2000

(3) none of the interest accrued by such account should

be obligated unless the Committee on Appropriations and the

Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International

Relations of the House of Representatives are notified.

SEC. 515. SECURITY ASSISTANCE FOR CERTAIN COUNTRIES.

(a) FOREIGN MILITARY FINANCING.—Of the amounts made available for the fiscal years 2001 and 2002 under section 23 of the

Arms Export Control Act (22 U.S.C. 2763)—

(1) $18,200,000 for fiscal year 2001 and $20,500,000 for

fiscal year 2002 are authorized to be available on a grant

basis for all of the following countries: Estonia, Latvia, and

Lithuania;

(2) $2,000,000 for fiscal year 2001 and $5,000,000 for fiscal

year 2002 are authorized to be available on a grant basis

for the Philippines;

(3) $4,500,000 for fiscal year 2001 and $5,000,000 for fiscal

year 2002 are authorized to be available on a grant basis

for Georgia;

(4) $3,000,000 for fiscal year 2001 and $3,500,000 for fiscal

year 2002 are authorized to be available on a grant basis

for Malta;

(5) $3,500,000 for fiscal year 2001 and $4,000,000 for fiscal

year 2002 are authorized to be available on a grant basis

for Slovenia;

(6) $8,400,000 for fiscal year 2001 and $8,500,000 for fiscal

year 2002 are authorized to be available on a grant basis

for Slovakia;

(7) $11,000,000 for fiscal year 2001 and $11,100,000 for

fiscal year 2002 are authorized to be available on a grant

basis for Romania;

(8) $8,500,000 for fiscal year 2001 and $8,600,000 for fiscal

year 2002 are authorized to be available on a grant basis

for Bulgaria; and

(9) $100,000,000 for fiscal year 2001 and $105,000,000 for

fiscal year 2002 are authorized to be available on a grant

basis for Jordan.

(b) IMET.—Of the amounts made available for the fiscal years

2001 and 2002 to carry out chapter 5 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2347 et seq.)—

(1) $2,300,000 for fiscal year 2001 and $4,000,000 for fiscal

year 2002 are authorized to be available for all of the following

countries: Estonia, Latvia, and Lithuania;

(2) $1,400,000 for fiscal year 2001 and $1,500,000 for fiscal

year 2002 are authorized to be available for the Philippines;

(3) $475,000 for fiscal year 2001 and $1,000,000 for fiscal

year 2002 are authorized to be available for Georgia;

(4) $200,000 for fiscal year 2001 and $1,000,000 for fiscal

year 2002 are authorized to be available for Malta;

(5) $700,000 for fiscal year 2001 and $1,000,000 for fiscal

year 2002 are authorized to be available for Slovenia;

(6) $700,000 for fiscal year 2001 and $1,000,000 for fiscal

year 2002 are authorized to be available for Slovakia;

(7) $1,300,000 for fiscal year 2001 and $1,500,000 for fiscal

year 2002 are authorized to be available for Romania; and

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 859

(8) $1,100,000 for fiscal year 2001 and $1,200,000 for fiscal

year 2002 are authorized to be available for Bulgaria.

SEC. 516. 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 years 2001 and

2002:

(1) $5,000,000 for fiscal year 2001 and $20,000,000 for

fiscal year 2002 are of the amounts made available under

section 23 of the Arms Export Control Act (22 U.S.C. 2763). (2) $2,000,000 for fiscal year 2001 and $10,000,000 for

fiscal year 2002 of the amounts made available under chapter

9 of part II of the Foreign Assistance Act of 1961, as added

by section 301. (3) $500,000 for fiscal year 2001 and $5,000,000 for fiscal

year 2002 of the amounts made available to carry out chapter

5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.

2347 et seq.). (4) $1,000,000 for fiscal year 2001 and $2,000,000 for fiscal

year 2002 of the amounts made available 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—TRANSFERS OF NAVAL

VESSELS

SEC. 601. 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

President.

114 STAT. 860 PUBLIC LAW 106–280—OCT. 6, 2000

(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 subsection is

in addition to that granted under section 1018(a)(9) of Public Law

106–65.

SEC. 602. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON

VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES.

The value of naval vessels authorized under section 601 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. 603. COSTS OF TRANSFERS.

Any expense of the United States in connection with a transfer

authorized by this title shall be charged to the recipient.

SEC. 604. CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS.

A transfer of a vessel on a combined lease-sale basis authorized

by section 601 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 the 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. 605. 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

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 861

Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers

authorized by section 601. 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. 606. REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.

To the maximum extent practicable, the President shall require,

as a condition of the transfer of a vessel under section 601, that

the country to which the vessel is transferred will have such repair

or refurbishment of the vessel as is needed, before the vessel joins

the naval forces of that country, performed at a shipyard located

in the United States, including a United States Navy shipyard.

SEC. 607. SENSE OF THE CONGRESS REGARDING TRANSFER OF NAVAL

VESSELS ON A GRANT BASIS.

It is the sense of the Congress that naval vessels authorized

under section 601 to be transferred to foreign countries on a grant

basis under section 516 of the Foreign Assistance Act of 1961

(22 U.S.C. 2321j) should be so transferred only if the United States

receives appropriate benefits from such countries for transferring

the vessel on a grant basis.

SEC. 608. EXPIRATION OF AUTHORITY.

The authority granted by section 601 shall expire 2 years

after the date of the enactment of this Act.

TITLE VII—MISCELLANEOUS

PROVISIONS

SEC. 701. UTILIZATION OF DEFENSE ARTICLES AND DEFENSE 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. 702. ANNUAL MILITARY ASSISTANCE REPORT.

Section 655(b)(3) of the Foreign Assistance Act of 1961 (22

U.S.C. 2415(b)(3)) is amended by inserting before the period at

the end the following: ‘‘and, if so, a specification of those defense

articles that were exported during the fiscal year covered by the

report’’.

SEC. 703. REPORT ON GOVERNMENT-TO-GOVERNMENT ARMS SALES

END-USE MONITORING PROGRAM.

Not later than 180 days after the date of the enactment of

this Act, the President shall prepare and transmit to the appropriate

committees of Congress a report that contains a summary of the

status of the efforts of the Defense Security Cooperation Agency

to implement the End-Use Monitoring Enhancement Plan relating

to government-to-government transfers of defense articles, defense

services, and related technologies.

SEC. 704. MTCR REPORT TRANSMITTALS.

For purposes of section 71(d) of the Arms Export Control Act

(22 U.S.C. 2797(d)), the requirement that reports under that section

22 USC 2797

note.

Deadline.

114 STAT. 862 PUBLIC LAW 106–280—OCT. 6, 2000

shall be transmitted to the Congress shall be considered to be

a requirement that such reports shall be transmitted to the Committee on International Relations of the House of Representatives

and the Committee on Foreign Relations and the Committee on

Banking, Housing and Urban Affairs of the Senate.

SEC. 705. 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. 706. SENSE OF THE CONGRESS REGARDING EXCESS DEFENSE

ARTICLES.

It is the sense of the Congress 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. 707. 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 the fiscal years 2001 and 2002, 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. 708. 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 reports required to be submitted to Congress during

the preceding calendar year under section 2 of the Iran Nonproliferation Act of 2000 (Public Law 106–178) do not identify

that person on account of a transfer to Iran of goods, services,

or technology described in section 2(a)(1)(B) of such Act.

(2) APPLICABILITY.—The certification requirement under

paragraph (1) applies with respect to each Russian person

22 USC 2797b

note.

PUBLIC LAW 106–280—OCT. 6, 2000 114 STAT. 863

that, as of the date of the certification, is a party to an agreement relating to commercial cooperation on MTCR equipment

or technology with a United States person pursuant to an

arms export license that was issued at any time since January

1, 2000.

(3) EXEMPTION.—No activity or transfer which specifically

has been the subject of a Presidential determination pursuant

to section 5(a)(1), (2), or (3) of the Iran Nonproliferation Act

of 2000 (Public Law 106–178) shall cause a Russian person

to be considered as having been identified in the reports submitted during the preceding calendar year under section 2

of that Act for the purposes of the certification required under

paragraph (1).

(4) 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 termination of

cooperation under the specific license, or 5 years after

the date on which the first certification is submitted, whichever is the earlier date.

(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 and 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 of the MTCR Annex,’’.

(d) DEFINITIONS.—In this section:

(1) 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)).

(2) 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)).

(3) 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)).

Deadline.

Deadline.

114 STAT. 864 PUBLIC LAW 106–280—OCT. 6, 2000

LEGISLATIVE HISTORY—H.R. 4919 (S. 2901):

HOUSE REPORTS: No. 106–868 (Comm. on Conference).

SENATE REPORTS: No. 106–351 accompanying S. 2901 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 24, considered and passed House.

Sept. 7, considered and passed Senate, amended, in lieu of S. 2901.

Sept. 21, House agreed to conference report.

Sept. 22, Senate agreed to conference report.

Æ

(4) 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. 709. SENSE OF THE CONGRESS RELATING TO MILITARY EQUIPMENT FOR THE PHILIPPINES.

(a) IN GENERAL.—It is the sense of the Congress that the

United States Government should work with the Government of

the Philippines to enable that Government to procure military

equipment that can be used to upgrade the capabilities and to

improve the quality of life of the armed forces of the Philippines.

(b) MILITARY EQUIPMENT.—Military equipment described in

subsection (a) should include—

(1) naval vessels, including amphibious landing crafts, for

patrol, search-and-rescue, and transport;

(2) F–5 aircraft and other aircraft that can assist with

reconnaissance, search-and-rescue, and resupply;

(3) attack, transport, and search-and-rescue helicopters;

and

(4) vehicles and other personnel equipment.

SEC. 710. WAIVER OF CERTAIN COSTS.

Notwithstanding any other provision of law, the President may

waive the requirement to impose an appropriate charge for a proportionate amount of any nonrecurring costs of research, development,

and production under section 21(e)(1)(B) of the Arms Export Control

Act (22 U.S.C. 2761(e)(1)(B)) for the November 1999 sale of five

UH–60L helicopters to the Republic of Colombia in support of

counternarcotics activities.

Approved October 6, 2000.