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[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.
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