H. R. 4919
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Assist-
ance 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 Weap-
ons 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.
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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 Rep-
resentatives.
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 FOR-
EIGN 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 COUN-
TRIES.—
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‘‘(1) REQUIREMENT FOR BILATERAL AGREEMENT.—
‘‘(A) IN GENERAL.—The President may utilize the regu-
latory 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 agree-
ment 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 States-
origin 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 con-
trol commitments from all end-users, including such
documentation as is needed in order to ensure compli-
ance 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;
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‘‘(ii) appropriate controls on unclassified informa-
tion 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 Inter-
national 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 require-
ments 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 con-
tinue 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 Rep-
resentatives; 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—
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‘‘(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 subpara-
graph (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 resolu-
tion prohibiting the proposed export; and’’.
(2) SENSE OF THE CONGRESS.—It is the sense of the Con-
gress 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 appro-
priate 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.
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‘‘(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 For-
eign 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 concur-
rence 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 pursu-
ant 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 For-
eign 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 non-
proliferation assistance); or
‘‘(V) the Migration and Refugee Assistance Act
of 1962; or’’.
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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 prac-
ticable, 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 pro-
liferation;