H. R. 4919—8
‘‘(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 non-
proliferation 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 inter-
dict 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 Sec-
retary of State to be a country frequently transited by proliferation-
related 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 sub-
section (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 sub-
section (c) are—
H. R. 4919—9
‘‘(1) assistance under the Nonproliferation and Disar-
mament 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 appro-
priate 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
H. R. 4919—10
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 Implementa-
tion 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 fol-
lows 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 Assist-
ance Strategy should—
(1) set forth a multi-year plan for security assistance pro-
grams;
(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 assist-
ance programs will play in achieving such objectives;
(6) identify a primary security assistance objective, as well
as specific secondary objectives, for individual countries;
H. R. 4919—11
(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 pro-
grams managed by the Department of Defense and other agen-
cies.
(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 avail-
able 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 sec-
tion, the President shall give priority to supporting activities that
are consistent with the objectives set forth in the following condi-
tions 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.
H. R. 4919—12
SEC. 512. INCREASED TRAINING ASSISTANCE FOR GREECE AND TUR-
KEY.
(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 avail-
able 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.
H. R. 4919—13
(4) AVAILABILITY OF FUNDS FOR ADVANCED WEAPONS SYS-
TEMS.—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 APPROPRIA-
TIONS.—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 APPROPRIA-
TIONS.—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
H. R. 4919—14
(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 Com-
mittee 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 avail-
able 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
H. R. 4919—15
(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 FOR-
EIGN 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
H. R. 4919—16
(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 TRANS-
FERS.
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 termi-
nated;
(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 para-
graph (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 agree-
ment 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
H. R. 4919—17
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 SHIP-
YARDS.
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 SERV-
ICES.
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
H. R. 4919—18
shall be transmitted to the Congress shall be considered to be
a requirement that such reports shall be transmitted to the Com-
mittee 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 avail-
able, 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 notifica-
tion 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 pro-
posed 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 Non-
proliferation 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
H. R. 4919—19
that, as of the date of the certification, is a party to an agree-
ment 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 sub-
mitted 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, which-
ever 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, develop-
ment, 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)).
H. R. 4919—20
(4) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ 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 EQUIP-
MENT 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 propor-
tionate 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.