IV

107TH CONGRESS

1ST SESSION H. CON. RES. 288

Directing the Secretary of the Senate to make a technical correction in

the enrollment of S. 1438.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 13, 2001

Mr. STUMP submitted the following concurrent resolution; which was

considered and agreed to

CONCURRENT RESOLUTION

Directing the Secretary of the Senate to make a technical

correction in the enrollment of S. 1438.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (S. 1438)

3 to authorize appropriations for fiscal year 2002 for mili4 tary activities of the Department of Defense, for military

5 construction, and for defense activities of the Department

6 of Energy, to prescribe personnel strengths for such fiscal

7 year for the Armed Forces, and for other purposes, the

8 Secretary of the Senate shall make the following correc9 tion:

10 Strike section 1212 and insert the following:
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1 SEC. 1212. EXTENSION OF AUTHORITY FOR INTER2 NATIONAL COOPERATIVE RESEARCH AND

3 DEVELOPMENT PROJECTS.

4 (a) ELIGIBILITY OF FRIENDLY FOREIGN COUN5 TRIES.—Section 2350a of title 10, United States Code,

6 is amended—

7 (1) in subsection (a)—

8 (A) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR9 ITY TO ENGAGE IN COOPERATIVE R&D

10 PROJECTS.—’ ’’;

11 (B) by striking ‘‘major allies of the United

12 States or NATO organizations’’ and inserting

13 ‘‘countries or organizations referred to in para14 graph (2)’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(2) The countries and organizations with which the

18 Secretary may enter into a memorandum of agreement (or

19 other formal agreement) under paragraph (1) are as fol20 lows:

21 ‘‘(A) The North Atlantic Treaty Organization.

22 ‘‘(B) A NATO organization.

23 ‘‘(C) A member nation of the North Atlantic

24 Treaty Organization.

25 ‘‘(D) A major non-NATO ally.

26 ‘‘(E) Any other friendly foreign country.’’;
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1 (2) in subsection (b)(1)—

2 (A) by striking ‘‘its major non-NATO al3 lies’’ and inserting ‘‘a country or organization

4 referred to in subsection (a)(2)’’; and

5 (B) by striking ‘‘(NATO)’’;

6 (3) in subsection (d)—

7 (A) in paragraph (1), by striking ‘‘the

8 major allies of the United States’’ and inserting

9 ‘‘countries and organizations referred to in sub10 section (a)(2)’’; and

11 (B) in paragraph (2)—

12 (i) by striking ‘‘major ally of the

13 United States’’ and inserting ‘‘country or

14 organization referred to in subsection

15 (a)(2)’’; and

16 (ii) by striking ‘‘that ally’s contribu17 tion’’ and inserting ‘‘the contribution of

18 that country or organization’’;

19 (4) in subsection (e)(2)—

20 (A) in subparagraph (A), by striking ‘‘one

21 or more of the major allies of the United

22 States’’ and inserting ‘‘any country or organiza23 tion referred to in subsection (a)(2)’’;

24 (B) in subparagraph (B), by striking

25 ‘‘major allies of the United States or NATO or-
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1 ganizations’’ and inserting ‘‘countries and orga2 nizations referred to in subsection (a)(2)’’;

3 (C) in subparagraph (C), by striking

4 ‘‘major allies of the United States’’ and insert5 ing ‘‘countries and organizations referred to in

6 subsection (a)(2)’’; and

7 (D) in subparagraph (D), by striking

8 ‘‘major allies of the United States’’ and insert9 ing ‘‘countries and organizations referred to in

10 subsection (a)(2)’’;

11 (5) paragraphs (1)(A) and (4)(A) of subsection

12 (g), by striking ‘‘major allies of the United States

13 and other friendly foreign countries’’ and inserting

14 ‘‘countries referred to in subsection (a)(2)’’;

15 (6) in subsection (h), by striking ‘‘major allies

16 of the United States’’ and inserting ‘‘member na17 tions of the North Atlantic Treaty Organization,

18 major non-NATO allies, and other friendly foreign

19 countries’’; and

20 (7) in subsection (i)—

21 (A) in paragraph (1), by striking ‘‘major

22 allies of the United States or NATO organiza23 tions’’ and inserting ‘‘countries and organiza24 tions referred to in subsection (a)(2)’’;

25 (B) by striking paragraph (2); and
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1 (C) by redesignating paragraphs (3) and

2 (4) as paragraphs (2) and (3), respectively.

3 (b) NOTICE-AND-WAIT REQUIREMENT.—Subsection

4 (a) of such section is further amended by adding at the

5 end the following new paragraph:

6 ‘‘(3) If such a memorandum of understanding (or

7 other formal agreement) is with a country referred to in

8 subparagraph (E) of paragraph (2), such memorandum

9 (or agreement) may go into effect only after the Secretary

10 submits to the Committees on Armed Services and on For11 eign Relations of the Senate and to the Committees on

12 Armed Services and on International Relations of the

13 House of Representatives a report with respect to the pro14 posed memorandum (or agreement) and a period of 30

15 days has passed after the report has been submitted.’’.

16 (c) DELEGATION OF AUTHORITY TO DETERMINE

17 ELIGIBILITY OF PROJECTS.—Subsection (b)(2) of such

18 section is amended by striking ‘‘to the Deputy Secretary

19 of Defense’’ and all that follows through the period at the

20 end and inserting ‘‘to the Deputy Secretary of Defense

21 and to one other official of the Department of Defense.’’.

22 (d) REVISION OF REQUIREMENT FOR ANNUAL RE23 PORT ON ELIGIBLE COUNTRIES.—Subsection (f)(2) of

24 such section is amended to read as follows:
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1 ‘‘(2) Not later than January 1 of each year, the Sec2 retary of Defense shall submit to the Committees on

3 Armed Services and on Foreign Relations of the Senate

4 and to the Committees on Armed Services and on Inter5 national Relations of the House of Representatives a re6 port specifying—

7 ‘‘(A) the countries that are eligible to partici8 pate in a cooperative project agreement under this

9 section; and

10 ‘‘(B) the criteria used to determine the eligi11 bility of such countries.’’.

12 (e) CONFORMING AMENDMENTS.—(1) The heading

13 of such section is amended to read as follows:

14 ‘‘§ 2350a. Cooperative research and development

15 agreements: NATO organizations; allied

16 and friendly foreign countries’’.

17 (2) The item relating to such section in the table of

18 sections at the beginning of subchapter II of chapter 138

19 of title 10, United States Code, is amended to read as

20 follows:

‘‘2350a. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries.’’.
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1 SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN

2 COUNTRIES AND INTERNATIONAL ORGANIZA3 TIONS FOR RECIPROCAL USE OF TEST FA4 CILITIES.

5 (a) AUTHORITY.—Subchapter II of chapter 138 of

6 title 10, United States Code, is amended by adding at the

7 end the following new section:

8 ‘‘§ 2350l. Cooperative agreements for reciprocal use

9 of test facilities: foreign countries and

10 international organizations

11 ‘‘(a) AUTHORITY.—The Secretary of Defense, with

12 the concurrence of the Secretary of State, may enter into

13 a memorandum of understanding (or other formal agree14 ment) with a foreign country or international organization

15 to provide for the testing, on a reciprocal basis, of defense

16 equipment (1) by the United States using test facilities

17 of that country or organization, and (2) by that country

18 or organization using test facilities of the United States.

19 ‘‘(b) PAYMENT OF COSTS.—A memorandum or other

20 agreement under subsection (a) shall provide that, when

21 a party to the agreement uses a test facility of another

22 party to the agreement, the party using the test facility

23 is charged by the party providing the test facility in ac24 cordance with the following principles:

25 ‘‘(1) The user party shall be charged the

26 amount equal to the direct costs incurred by the pro-
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1 vider party in furnishing test and evaluation services

2 by the providing party’s officers, employees, or gov3 ernmental agencies.

4 ‘‘(2) The user party may also be charged indi5 rect costs relating to the use of the test facility, but

6 only to the extent specified in the memorandum or

7 other agreement.

8 ‘‘(c) DETERMINATION OF INDIRECT COSTS; DELEGA9 TION OF AUTHORITY.—(1) The Secretary of Defense shall

10 determine the appropriateness of the amount of indirect

11 costs charged by the United States pursuant to subsection

12 (b)(2).

13 ‘‘(2) The Secretary may delegate the authority under

14 paragraph (1) only to the Deputy Secretary of Defense

15 and to one other official of the Department of Defense.

16 ‘‘(d) RETENTION OF FUNDS COLLECTED BY THE

17 UNITED STATES.—Amounts collected by the United

18 States from a party using a test facility of the United

19 States pursuant to a memorandum or other agreement

20 under this section shall be credited to the appropriation

21 accounts from which the costs incurred by the United

22 States in providing such test facility were paid.

23 ‘‘(e) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘direct cost’, with respect to the

2 use of a test facility pursuant to a memorandum or

3 other agreement under subsection (a)—

4 ‘‘(A) means any item of cost that is easily

5 and readily identified to a specific unit of work

6 or output within the test facility where the use

7 occurred, that would not have been incurred if

8 such use had not occurred; and

9 ‘‘(B) may include costs of labor, materials,

10 facilities, utilities, equipment, supplies, and any

11 other resources of the test facility that are con12 sumed or damaged in connection with—

13 ‘‘(i) the use; or

14 ‘‘(ii) the maintenance of the test facil15 ity for purposes of the use.

16 ‘‘(2) The term ‘indirect cost’, with respect to

17 the use of a test facility pursuant to a memorandum

18 or other agreement under subsection (a)—

19 ‘‘(A) means any item of cost that is not

20 easily and readily identified to a specific unit of

21 work or output within the test facility where the

22 use occurred; and

23 ‘‘(B) may include general and administra24 tive expenses for such activities as supporting

25 base operations, manufacturing, supervision,
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1 procurement of office supplies, and utilities that

2 are accumulated costs allocated among several

3 users.

4 ‘‘(3) The term ‘test facility’ means a range or

5 other facility at which testing of defense equipment

6 may be carried out.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such subchapter is amended by adding

9 at the end the following new item:

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

10 SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE

11 BURDENSHARING.

12 It is the sense of Congress that—

13 (1) the efforts of the President to increase de14 fense burdendsharing by allied and friendly nations

15 deserve strong support; and

16 (2) host nation support agreements with those

17 nations in which United States military personnel

18 are assigned to permanent duty ashore should be ne19 gotiated consistent with section 1221(a)(1) of the

20 National Defense Authorization Act for Fiscal Year

21 1998 (Public Law 105–85; 50 U.S.C. 1541(a)(1)),

22 which sets forth a goal of obtaining from any such

23 host nation financial contributions that amount to

24 75 percent of the nonpersonnel costs incurred by the
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1 United States Government for stationing United

2 States military personnel in that nation.

3 Subtitle C—Reports

4 SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANS5 FERS OF MILITARY HARDWARE, EXPERTISE,

6 AND TECHNOLOGY TO THE PEOPLE’S REPUB7 LIC OF CHINA.

8 Section 1202 of the National Defense Authorization

9 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

10 781; 10 U.S.C. 113 note) is amended by adding at the

11 end the following new subsection:

12 ‘‘(d) REPORT ON SIGNIFICANT SALES AND TRANS13 FERS TO CHINA.—(1) The report to be submitted under

14 this section not later than March 1, 2002, shall include

15 in a separate section a report describing any significant

16 sale or transfer of military hardware, expertise, and tech17 nology to the People’s Republic of China. The report shall

18 set forth the history of such sales and transfers since

19 1995, forecast possible future sales and transfers, and ad20 dress the implications of those sales and transfers for the

21 security of the United States and its friends and allies

22 in Asia.

23 ‘‘(2) The report shall include analysis and forecasts

24 of the following matters related to military cooperation be25 tween selling states and the People’s Republic of China:
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1 ‘‘(A) The extent in each selling state of govern2 ment knowledge, cooperation, or condoning of sales

3 or transfers of military hardware, expertise, or tech4 nology to the People’s Republic of China.

5 ‘‘(B) An itemization of significant sales and

6 transfers of military hardware, expertise, or tech7 nology from each selling state to the People’s Re8 public of China that have taken place since 1995,

9 with a particular focus on command, control, com10 munications, and intelligence systems.

11 ‘‘(C) Significant assistance by any selling state

12 to key research and development programs of China,

13 including programs for development of weapons of

14 mass destruction and delivery vehicles for such

15 weapons, programs for development of advanced

16 conventional weapons, and programs for develop17 ment of unconventional weapons.

18 ‘‘(D) The extent to which arms sales by any

19 selling state to the People’s Republic of China are

20 a source of funds for military research and develop21 ment or procurement programs in the selling state.

22 ‘‘(3) The report under paragraph (1) shall include,

23 with respect to each area of analysis and forecasts speci24 fied in paragraph (2)—
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1 ‘‘(A) an assessment of the military effects of

2 such sales or transfers to entities in the People’s Re3 public of China;

4 ‘‘(B) an assessment of the ability of the Peo5 ple’s Liberation Army to assimilate such sales or

6 transfers, mass produce new equipment, or develop

7 doctrine for use; and

8 ‘‘(C) the potential threat of developments re9 lated to such effects on the security interests of the

10 United States and its friends and allies in Asia.’’.

11 SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO

12 CONGRESS ON MILITARY DEPLOYMENTS TO

13 HAITI.

14 Section 1232(b) of the National Defense Authoriza15 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

16 Stat. 788; 50 U.S.C. 1541 note) is repealed.

17 SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVI18 SION OF DEFENSE ARTICLES, SERVICES, AND

19 MILITARY EDUCATION AND TRAINING TO

20 FOREIGN COUNTRIES AND INTERNATIONAL

21 ORGANIZATIONS.

22 (a) STUDY.—The Comptroller General shall conduct

23 a study of the following:

24 (1) The benefits derived by each foreign coun25 try or international organization from the receipt of
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1 defense articles, defense services, or military edu2 cation and training provided after December 31,

3 1989, pursuant to the drawdown of such articles,

4 services, or education and training from the stocks

5 of the Department of Defense under section 506,

6 516, or 552 of the Foreign Assistance Act of 1961

7 (22 U.S.C. 2318, 2321j, or 2348a) or any other pro8 vision of law.

9 (2) Any benefits derived by the United States

10 from the provision of defense articles, defense serv11 ices, and military education and training described

12 in paragraph (1).

13 (3) The effect on the readiness of the Armed

14 Forces as a result of the provision by the United

15 States of defense articles, defense services, and mili16 tary education and training described in paragraph

17 (1).

18 (4) The cost to the Department of Defense with

19 respect to the provision of defense articles, defense

20 services, and military education and training de21 scribed in paragraph (1).

22 (b) REPORTS.—(1) Not later than April 15, 2002,

23 the Comptroller General shall submit to Congress an in24 terim report containing the results to that date of the

25 study conducted under subsection (a).
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1 (2) Not later than August 1, 2002, the Comptroller

2 General shall submit to Congress a final report containing

3 the results of the study conducted under subsection (a).

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