III

107TH CONGRESS

1ST SESSION H. CON. RES. 288

IN THE SENATE OF THE UNITED STATES

DECEMBER 13, 2001

Received

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
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1 of Energy, to prescribe personnel strengths for such fiscal

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

3 Secretary of the Senate shall make the following correc4 tion:

5 Strike section 1212 and insert the following:

6 SEC. 1212. EXTENSION OF AUTHORITY FOR INTER7 NATIONAL COOPERATIVE RESEARCH AND

8 DEVELOPMENT PROJECTS.

9 (a) ELIGIBILITY OF FRIENDLY FOREIGN COUN10 TRIES.—Section 2350a of title 10, United States Code,

11 is amended—

12 (1) in subsection (a)—

13 (A) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR14 ITY TO ENGAGE IN COOPERATIVE R&D

15 PROJECTS.—’;

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

17 States or NATO organizations’’ and inserting

18 ‘‘countries or organizations referred to in para19 graph (2)’’; and

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

21 paragraph:

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

23 Secretary may enter into a memorandum of agreement (or

24 other formal agreement) under paragraph (1) are as fol25 lows:
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1 ‘‘(A) The North Atlantic Treaty Organization.

2 ‘‘(B) A NATO organization.

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

4 Treaty Organization.

5 ‘‘(D) A major non-NATO ally.

6 ‘‘(E) Any other friendly foreign country.’’;

7 (2) in subsection (b)(1)—

8 (A) by striking ‘‘its major non-NATO al9 lies’’ and inserting ‘‘a country or organization

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

11 (B) by striking ‘‘(NATO)’’;

12 (3) in subsection (d)—

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

14 major allies of the United States’’ and inserting

15 ‘‘countries and organizations referred to in sub16 section (a)(2)’’; and

17 (B) in paragraph (2)—

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

19 United States’’ and inserting ‘‘country or

20 organization referred to in subsection

21 (a)(2)’’; and

22 (ii) by striking ‘‘that ally’s contribu23 tion’’ and inserting ‘‘the contribution of

24 that country or organization’’;

25 (4) in subsection (e)(2)—
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1 (A) in subparagraph (A), by striking ‘‘one

2 or more of the major allies of the United

3 States’’ and inserting ‘‘any country or organiza4 tion referred to in subsection (a)(2)’’;

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

6 ‘‘major allies of the United States or NATO or7 ganizations’’ and inserting ‘‘countries and orga8 nizations referred to in subsection (a)(2)’’;

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

10 ‘‘major allies of the United States’’ and insert11 ing ‘‘countries and organizations referred to in

12 subsection (a)(2)’’; and

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

14 ‘‘major allies of the United States’’ and insert15 ing ‘‘countries and organizations referred to in

16 subsection (a)(2)’’;

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

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

19 and other friendly foreign countries’’ and inserting

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

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

22 of the United States’’ and inserting ‘‘member na23 tions of the North Atlantic Treaty Organization,

24 major non-NATO allies, and other friendly foreign

25 countries’’; and
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1 (7) in subsection (i)—

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

3 allies of the United States or NATO organiza4 tions’’ and inserting ‘‘countries and organiza5 tions referred to in subsection (a)(2)’’;

6 (B) by striking paragraph (2); and

7 (C) by redesignating paragraphs (3) and

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

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

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

11 end the following new paragraph:

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

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

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

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

16 submits to the Committees on Armed Services and on For17 eign Relations of the Senate and to the Committees on

18 Armed Services and on International Relations of the

19 House of Representatives a report with respect to the pro20 posed memorandum (or agreement) and a period of 30

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

22 (c) DELEGATION OF AUTHORITY TO DETERMINE

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

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

25 of Defense’’ and all that follows through the period at the
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1 end and inserting ‘‘to the Deputy Secretary of Defense

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

3 (d) REVISION OF REQUIREMENT FOR ANNUAL RE4 PORT ON ELIGIBLE COUNTRIES.—Subsection (f)(2) of

5 such section is amended to read as follows:

6 ‘‘(2) Not later than January 1 of each year, the Sec7 retary of Defense shall submit to the Committees on

8 Armed Services and on Foreign Relations of the Senate

9 and to the Committees on Armed Services and on Inter10 national Relations of the House of Representatives a re11 port specifying—

12 ‘‘(A) the countries that are eligible to partici13 pate in a cooperative project agreement under this

14 section; and

15 ‘‘(B) the criteria used to determine the eligi16 bility of such countries.’’.

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

18 of such section is amended to read as follows:

19 ‘‘§ 2350a. Cooperative research and development

20 agreements: NATO organizations; allied

21 and friendly foreign countries’’.

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

23 sections at the beginning of subchapter II of chapter 138

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

25 follows:
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‘‘2350a. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries.’’.

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

2 amount equal to the direct costs incurred by the pro3 vider party in furnishing test and evaluation services

4 by the providing party’s officers, employees, or gov5 ernmental agencies.

6 ‘‘(2) The user party may also be charged indi7 rect costs relating to the use of the test facility, but

8 only to the extent specified in the memorandum or

9 other agreement.

10 ‘‘(c) DETERMINATION OF INDIRECT COSTS; DELEGA11 TION OF AUTHORITY.—(1) The Secretary of Defense shall

12 determine the appropriateness of the amount of indirect

13 costs charged by the United States pursuant to subsection

14 (b)(2).

15 (2) The Secretary may delegate the authority under

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

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

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

19 UNITED STATES.—Amounts collected by the United

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

21 States pursuant to a memorandum or other agreement

22 under this section shall be credited to the appropriation

23 accounts from which the costs incurred by the United

24 States in providing such test facility were paid.

25 ‘‘(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 burdensharing 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).

Passed the House of Representatives December 13,

2001.

Attest: JEFF TRANDAHL,

Clerk.