258
(3) a description on a country-by-country basis
of any United States efforts to engage in negotia-
tions to establish bilateral treaties or agreements
with respect to the use of offsets in international de-
fense trade; and
(4) an evaluation on a country-by-country basis
of any foreign government efforts to address the use
of offsets in international defense trade.
(d) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall monitor and pe-
riodically report to Congress on the progress in reaching
a multilateral treaty.
Subtitle E—Automated Export Sys-
tem Relating to Export Informa-
tion
SEC. 1251. SHORT TITLE.
This subtitle may be cited as the ‘‘Proliferation Pre-
vention Enhancement Act of 1999’’.
SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT
SYSTEM FOR FILING CERTAIN SHIPPERS’ EX-
PORT DECLARATIONS.
(a) AUTHORITY.—Section 301 of title 13, United
States Code, is amended by adding at the end the fol-
lowing new subsection:
259
‘‘(h) The Secretary is authorized to require by regula-
tion the filing of Shippers’ Export Declarations under this
chapter through an automated and electronic system for
the filing of export information established by the Depart-
ment of the Treasury.’’.
(b) IMPLEMENTING REGULATIONS.—
(1) IN GENERAL.—The Secretary of Commerce,
with the concurrence of the Secretary of State, shall
publish regulations in the Federal Register to re-
quire that, upon the effective date of those regula-
tions, exporters (or their agents) who are required to
file Shippers’ Export Declarations under chapter 9
of title 13, United States Code, file such Declara-
tions through the Automated Export System with
respect to exports of items on the United States Mu-
nitions List or the Commerce Control List.
(2) ELEMENTS
OF
THE
REGULATIONS.—The
regulations referred to in paragraph (1) shall include
at a minimum—
(A) provision by the Department of Com-
merce for the establishment of on-line assist-
ance services to be available for those individ-
uals who must use the Automated Export Sys-
tem;
260
(B) provision by the Department of Com-
merce for ensuring that an individual who is re-
quired to use the Automated Export System is
able to print out from the System a validated
record of the individual’s submission, including
the date of the submission and a serial number
or other unique identifier, where appropriate,
for the export transaction; and
(C) a requirement that the Department of
Commerce print out and maintain on file a
paper copy or other acceptable back-up record
of the individual’s submission at a location se-
lected by the Secretary of Commerce.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 270 days after the Sec-
retary of Commerce, the Secretary of the Treasury, and
the Director of the National Institute of Standards and
Technology jointly provide a certification to the Com-
mittee on Foreign Relations of the Senate and the Com-
mittee on International Relations of the House of Rep-
resentatives that a secure Automated Export System
available through the Internet that is capable of handling
the expected volume of information required to be filed
under subsection (b), plus the anticipated volume from
voluntary use of the Automated Export System, has been
261
successfully implemented and tested and is fully functional
with respect to reporting all items on the United States
Munitions List, including their quantities and destina-
tions.
SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT
SYSTEM.
It is the sense of Congress that exporters (or their
agents) who are required to file Shippers’ Export Declara-
tions under chapter 9 of title 13, United States Code, but
who are not required under section 1252(b) to file such
Declarations using the Automated Export System, should
do so.
SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF
CONGRESS.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary of Commerce,
in consultation with the Secretary of State, the Secretary
of Defense, the Secretary of the Treasury, the Secretary
of Energy, and the Director of Central Intelligence, shall
submit a report to the appropriate committees of Congress
setting forth—
(1) the advisability and feasibility of mandating
electronic filing through the Automated Export Sys-
tem for all Shippers’ Export Declarations;
262
(2) the manner in which data gathered through
the Automated Export System can most effectively
be used, consistent with the need to ensure the con-
fidentiality of business information, by other auto-
mated licensing systems administered by Federal
agencies, including—
(A) the Defense Trade Application System
of the Department of State;
(B) the Export Control Automated Sup-
port System of the Department of Commerce;
(C) the Foreign Disclosure and Technology
Information System of the Department of De-
fense;
(D) the Proliferation Information Network
System of the Department of Energy;
(E) the Enforcement Communication Sys-
tem of the Department of the Treasury; and
(F) the Export Control System of the Cen-
tral Intelligence Agency; and
(3) a proposed timetable for any expansion of
information required to be filed through the Auto-
mated Export System.
(b) DEFINITION.—In this section, the term ‘‘appro-
priate committees of Congress’’ means the Committee on
263
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LI-
CENSING PROCEDURES.
Notwithstanding any other provision of law, the Sec-
retary of State may use funds appropriated or otherwise
made available to the Department of State to employ—
(1) up to 40 percent of the individuals who are
performing services within the Office of Defense
Trade Controls of the Department of State in posi-
tions classified at GS–14 and GS–15 on the General
Schedule under section 5332 of title 5, United
States Code; and
(2) other individuals within the Office at a rate
of basic pay that may exceed the maximum rate pay-
able for positions classified at GS–15 on the General
Schedule under section 5332 of that title.
SEC. 1256. DEFINITIONS.
In this subtitle:
(1) AUTOMATED EXPORT SYSTEM.—The term
‘‘Automated Export System’’ means the automated
and electronic system for filing export information
established under chapter 9 of title 13, United
States Code, on June 19, 1995 (60 Federal Register
32040).
264
(2) COMMERCE
CONTROL
LIST.—The term
‘‘Commerce Control List’’ has the meaning given the
term in section 774.1 of title 15, Code of Federal
Regulations.
(3) SHIPPERS’ EXPORT
DECLARATION.—The
term ‘‘Shippers’ Export Declaration’’ means the ex-
port information filed under chapter 9 of title 13,
United States Code, as described in part 30 of title
15, Code of Federal Regulations.
(4) UNITED
STATES
MUNITIONS
LIST.—The
term ‘‘United States Munitions List’’ means the list
of items controlled under section 38 of the Arms Ex-
port Control Act (22 U.S.C. 2778).
Subtitle F—International Arms
Sales Code of Conduct Act of 1999
SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ‘‘International Arms
Sales Code of Conduct Act of 1999’’.
SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CON-
DUCT.
(a) NEGOTIATIONS.—The President shall attempt to
achieve the foreign policy goal of an international arms
sales code of conduct. The President shall take the nec-
essary steps to begin negotiations within appropriate
international fora not later than 120 days after the date
265
of the enactment of this Act. The purpose of these negotia-
tions shall be to establish an international regime to pro-
mote global transparency with respect to arms transfers,
including participation by countries in the United Nations
Register of Conventional Arms, and to limit, restrict, or
prohibit arms transfers to countries that do not observe
certain fundamental values of human liberty, peace, and
international stability.
(b) CRITERIA.—The President shall consider the fol-
lowing criteria in the negotiations referred to in subsection
(a):
(1) PROMOTES DEMOCRACY.—The government
of the country—
(A) was chosen by and permits free and
fair elections;
(B) promotes civilian control of the mili-
tary and security forces and has civilian institu-
tions controlling the policy, operation, and
spending of all law enforcement and security in-
stitutions, as well as the armed forces;
(C) promotes the rule of law and provides
its nationals the same rights that they would be
afforded under the United States Constitution
if they were United States citizens; and
266
(D) promotes the strengthening of polit-
ical, legislative, and civil institutions of democ-
racy, as well as autonomous institutions to
monitor the conduct of public officials and to
combat corruption.
(2) RESPECTS
HUMAN
RIGHTS.—The govern-
ment of the country—
(A) does not persistently engage in gross
violations of internationally recognized human
rights, including—
(i) extrajudicial or arbitrary execu-
tions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination
on the basis of race, ethnicity, religion,
gender, national origin, or political affili-
ation; and
(vi) grave breaches of international
laws of war or equivalent violations of the
laws of war in internal armed conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations
of internationally recognized human rights;
267
(C) permits access on a regular basis to
political prisoners by international humani-
tarian organizations;
(D) promotes the independence of the judi-
ciary and other official bodies that oversee the
protection of human rights;
(E) does not impede the free functioning of
domestic and international human rights orga-
nizations; and
(F) provides access on a regular basis to
humanitarian organizations in situations of con-
flict or famine.
(3) NOT ENGAGED IN CERTAIN ACTS OF ARMED
AGGRESSION.—The government of the country is not
engaged in acts of armed aggression in violation of
international law.
(4) NOT SUPPORTING TERRORISM.—The gov-
ernment of the country does not provide support for
international terrorism.
(5) NOT CONTRIBUTING TO PROLIFERATION OF
WEAPONS OF MASS DESTRUCTION.—The government
of the country does not contribute to the prolifera-
tion of weapons of mass destruction.
(6) REGIONAL
LOCATION
OF
COUNTRY.—The
country is not located in a region in which arms
268
transfers would exacerbate regional arms races or
international tensions that present a danger to inter-
national peace and stability.
(c) REPORTS TO CONGRESS.—
(1) REPORT
RELATING
TO
NEGOTIATIONS.—
Not later than 6 months after the commencement of
the negotiations under subsection (a), and not later
than the end of every 6-month period thereafter
until an agreement described in subsection (a) is
concluded, the President shall report to the Com-
mittee on International Relations of the House of
Representatives and the Committee on Foreign Re-
lations of the Senate on the progress made during
these negotiations.
(2) HUMAN RIGHTS REPORTS.—In the report
required in sections 116(d) and 502B(b) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2151n(b)
and 2304(b)), the Secretary of State shall describe
the extent to which the practices of each country
evaluated meet the criteria in paragraphs (1)(A) and
(2) of subsection (a).
269
Subtitle G—Transfer of Naval Ves-
sels to Certain Foreign Coun-
tries
SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.
(a) INAPPLICABILITY OF AGGREGATE ANNUAL LIMI-
TATION ON VALUE OF TRANSFERRED EXCESS DEFENSE
ARTICLES.—The value of a vessel transferred to another
country on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to au-
thority provided by section 1018(a) of the National De-
fense Authorization Act for Fiscal Year 2000 shall not be
counted for the purposes of section 516(g) of the Foreign
Assistance Act of 1961 in the aggregate value of excess
defense articles transferred to countries under that section
in any fiscal year.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 1018 of the National Defense Authorization Act
for Fiscal Year 2000 is amended—
(1) in subsections (a) and (d), by striking ‘‘Sec-
retary of the Navy’’ each place it appears and insert-
ing ‘‘President’’;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) through (e)
as subsections (b) through (d), respectively.
270
TITLE XIII—MISCELLANEOUS
PROVISIONS
SEC. 1301. PUBLICATION OF ARMS SALES CERTIFICATIONS.
(a) IN GENERAL.—Section 36 of the Arms Export
Control Act (22 U.S.C. 2776) is amended in the second
subsection (e) (as added by section 155 of Public Law
104–164)—
(1) by inserting ‘‘in a timely manner’’ after ‘‘to
be published’’; and
(2) by striking ‘‘the full unclassified text of’’
and all that follows and inserting the following: ‘‘the
full unclassified text of—
‘‘(1) each numbered certification submitted pur-
suant to subsection (b);
‘‘(2) each notification of a proposed commercial
sale submitted under subsection (c); and
‘‘(3) each notification of a proposed commercial
technical assistance or manufacturing licensing
agreement submitted under subsection (d).’’.
(b) NOTICE OF CLASSIFIED ARMS SALES.—
(1) GOVERNMENT-TO-GOVERNMENT
SALES.—
Section 36(b)(1) of the Arms Export Control Act
(22 U.S.C. 2776(b)(1)) is amended in the sixth sen-
tence by inserting before the period at the end the
following: ‘‘, in which case the information shall be
271
accompanied by a description of the damage to the
national security that could be expected to result
from public disclosure of the information’’.
(2) COMMERCIAL SALES.—Section 36(c)(1) of
the 
Arms 
Export 
Control 
Act 
(22 
U.S.C.
2776(c)(1)) is amended in the fifth sentence by in-
serting before the period at the end the following: ‘‘,
in which case the information shall be accompanied
by a description of the damage to the national secu-
rity that could be expected to result from public dis-
closure of the information’’.
SEC. 1302. NOTIFICATION REQUIREMENTS FOR COMMER-
CIAL EXPORT OF ITEMS ON UNITED STATES
MUNITIONS LIST.
(a) NOTIFICATION REQUIREMENT.—Section 38 of
the Arms Export Control Act (22 U.S.C. 2778) is amend-
ed by adding at the end the following:
‘‘(i) As prescribed in regulations issued under this
section, a United States person to whom a license has been
granted to export an item on the United States Munitions
List shall, not later than 15 days after the item is ex-
ported, submit to the Department of State a report con-
taining all shipment information, including a description
of the item and the quantity, value, port of exit, and end-
user and country of destination of the item.’’.
272
(b) QUARTERLY REPORTS TO CONGRESS.—Section
36(a) of the Arms Export Control Act (22 U.S.C.
2776(a)) is amended—
(A) in paragraph (11), by striking ‘‘and’’
at the end;
(B) in paragraph (12), by striking ‘‘third-
party transfers.’’ and inserting ‘‘third-party
transfers; and’’; and
(C) by adding after paragraph (12) (but
before the last sentence of the subsection), the
following:
‘‘(13) a report on all exports of significant mili-
tary equipment for which information has been pro-
vided pursuant to section 38(i).’’.
SEC. 1303. ENFORCEMENT OF ARMS EXPORT CONTROL
ACT.
The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended in sections 38(e), 39A(c), and 40(k) by
inserting after ‘‘except that’’ each place it appears the fol-
lowing: ‘‘section 11(c)(2)(B) of such Act shall not apply,
and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties
for violations of this Act and regulations prescribed there-
under and further may commence a civil action to recover
such civil penalties, and except further that’’.
273
SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT
TO TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control
Act (22 U.S.C. 2778(g)(1)(A)(iii)) is amended by adding
at the end before the comma the following: ‘‘or section
2339A of such title (relating to providing material support
to terrorists)’’.
SEC. 1305. AUTHORITY TO CONSENT TO THIRD PARTY
TRANSFER OF EX-U.S.S. BOWMAN COUNTY TO
USS LST SHIP MEMORIAL, INC.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) It is the long-standing policy of the United
States Government to deny requests for the re-
transfer of significant military equipment that origi-
nated in the United States to private entities.
(2) In very exceptional circumstances, when the
United States public interest would be served by the
proposed retransfer and end-use, such requests may
be favorably considered.
(3) Such retransfers to private entities have
been authorized in very exceptional circumstances
following appropriate demilitarization and receipt of
assurances from the private entity that the item to
be transferred would be used solely in furtherance of
274
Federal Government contracts or for static museum
display.
(4) Nothing in this section should be construed
as a revision of long-standing policy referred to in
paragraph (1).
(5) The Government of Greece has requested
the consent of the United States Government to the
retransfer of HS Rodos (ex-U.S.S. Bowman County
(LST 391)) to the USS LST Ship Memorial, Inc.
(b) AUTHORITY TO CONSENT TO RETRANSFER.—
(1) IN GENERAL.—Subject to paragraph (2),
the President may consent to the retransfer by the
Government of Greece of HS Rodos (ex-U.S.S. Bow-
man County (LST 391)) to the USS LST Ship Me-
morial, Inc.
(2) CONDITIONS FOR CONSENT.—The President
should not exercise the authority under paragraph
(1) unless USS LST Memorial, Inc.—
(A) utilizes the vessel for public, nonprofit,
museum-related purposes; and
(B) complies with applicable law with re-
spect to the vessel, including law related to de-
militarization of guns prior to transfer and to
facilitation of Federal Government monitoring
and mitigation of potential environmental haz-
275
ards associated with aging vessels, and has a
demonstrated financial capability to so comply.
SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.
(a) INFORMATION RELATING TO MILITARY ASSIST-
ANCE AND MILITARY EXPORTS.—Section 655(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is
amended to read as follows:
‘‘(b) INFORMATION RELATING TO MILITARY ASSIST-
ANCE AND MILITARY EXPORTS.—Each such report shall
show the aggregate dollar value and quantity of defense
articles (including excess defense articles), defense serv-
ices, and international military education and training ac-
tivities authorized by the United States and of such arti-
cles, services, and activities provided by the United States,
excluding any activity that is reportable under title V of
the National Security Act of 1947, to each foreign country
and international organization. The report shall specify,
by category, whether such defense articles—
‘‘(1) were furnished by grant under chapter 2
or chapter 5 of part II of this Act or under any
other authority of law or by sale under chapter 2 of
the Arms Export Control Act;
‘‘(2) were furnished with the financial assist-
ance of the United States Government, including
through loans and guarantees; or
276
‘‘(3) were licensed for export under section 38
of the Arms Export Control Act.’’.
(b) AVAILABILITY ON INTERNET.—Section 655 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is
amended by adding at the end the following:
‘‘(d) AVAILABILITY ON INTERNET.—All unclassified
portions of such report shall be made available to the pub-
lic on the Internet through the Department of State.’’.
SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.
Chapter 3 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2401 et seq.) is amended by inserting
after section 655 the following:
‘‘SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.
‘‘(a) ANNUAL REPORT.—Not later than January 31
of each year, the Secretary of Defense and the Secretary
of State shall jointly prepare and submit to the appro-
priate congressional committees a report on all military
training provided to foreign military personnel by the De-
partment of Defense and the Department of State during
the previous fiscal year and all such training proposed for
the current fiscal year.
‘‘(b) CONTENTS.—The report described in subsection
(a) shall include the following:
‘‘(1) For each military training activity, the for-
eign policy justification and purpose for the activity,
277
the number of foreign military personnel provided
training and their units of operation, and the loca-
tion of the training.
‘‘(2) For each country, the aggregate number of
students trained and the aggregate cost of the mili-
tary training activities.
‘‘(3) With respect to United States personnel,
the operational benefits to United States forces de-
rived from each military training activity and the
United States military units involved in each activ-
ity.
‘‘(c) FORM.—The report described in subsection (a)
shall be in unclassified form but may include a classified
annex.
‘‘(d) AVAILABILITY ON INTERNET.—All unclassified
portions of the report described in subsection (a) shall be
made available to the public on the Internet through the
Department of State.
‘‘(e) DEFINITION.—In this section, the term ‘appro-
priate congressional committees’ means—
‘‘(1) the Committee on Appropriations and the
Committee on International Relations of the House
of Representatives; and
‘‘(2) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.’’.
278
SEC. 1308. SECURITY ASSISTANCE FOR THE PHILIPPINES.
(a) STATEMENT OF POLICY.—The Congress declares
the following:
(1) The President should transfer to the Gov-
ernment of the Philippines, on a grant basis under
section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j), the excess defense articles de-
scribed in subsection (b).
(2) The United States should not oppose the
transfer of F–5 aircraft by a third country to the
Government of the Philippines.
(b) EXCESS DEFENSE ARTICLES.—The excess de-
fense articles described in this subsection are the fol-
lowing:
(1) UH–1 helicopters and A–4 aircraft.
(2) Amphibious landing craft, naval patrol ves-
sels (including patrol vessels of the Coast Guard),
and other naval vessels (such as frigates), if such
vessels are available.
(c) FUNDING.—Of the amounts made available to
carry out section 23 of the Arms Export Control Act (22
U.S.C. 2763) for fiscal years 2000 and 2001, $5,000,000
for each such fiscal year should be made available for as-
sistance on a grant basis for the Philippines.
279
SEC. 1309. EFFECTIVE REGULATION OF SATELLITE EXPORT
ACTIVITIES.
(a) LICENSING REGIME.—
(1) ESTABLISHMENT.—The Secretary of State
shall establish a regulatory regime for the licensing
for export of commercial satellites, satellite tech-
nologies, their components, and systems which shall
include expedited approval, as appropriate, of the li-
censing for export by United States companies of
commercial satellites, satellite technologies, their
components, and systems, to NATO allies and major
non-NATO allies (as used within the meaning of sec-
tion 644(q) of the Foreign Assistance Act of 1961).
(2) REQUIREMENTS.—For proposed exports to
those nations which meet the requirements of para-
graph (1), the regime should include expedited proc-
essing of requests for export authorizations that—
(A) are time-critical, including a transfer
or exchange of information relating to a sat-
ellite failure or anomaly in-flight or on-orbit;
(B) are required to submit bids to procure-
ments offered by foreign persons;
(C) relate to the re-export of unimproved
materials, products, or data; or
(D) are required to obtain launch and on-
orbit insurance.
280
(3) ADDITIONAL
REQUIREMENTS.—In estab-
lishing the regulatory regime under paragraph (1),
the Secretary of State shall ensure that—
(A) United States national security consid-
erations and United States obligations under
the Missile Technology Control Regime are
given priority in the evaluation of any license;
and
(B) such time is afforded as is necessary
for the Department of Defense, the Department
of State, and the United States intelligence
community to conduct a review of any license.
(b) FINANCIAL AND PERSONNEL RESOURCES.—Of
the funds authorized to be appropriated in section
101(1)(A), $9,000,000 is authorized to be appropriated
for the Office of Defense Trade Controls of the Depart-
ment of State for each of the fiscal years 2000 and 2001,
to enable that office to carry out its responsibilities.
(c) IMPROVEMENT
AND ASSESSMENT.—The Sec-
retary of State should, not later than 6 months after the
date of the enactment of this Act, submit to the Congress
a plan for—
(1) continuously gathering industry and public
suggestions for potential improvements in the De-
281
partment of State’s export control regime for com-
mercial satellites; and
(2) arranging for the conduct and submission to
Congress, not later than 15 months after the date
of the enactment of this Act, of an independent re-
view of the export control regime for commercial sat-
ellites as to its effectiveness at promoting national
security and economic competitiveness.
SEC. 1310. STUDY ON LICENSING PROCESS UNDER THE
ARMS EXPORT CONTROL ACT.
(a) STUDY.—Not later than 180 days after the date
of enactment of this Act, the Secretary of State should
submit to the Committee on Foreign Relations of the Sen-
ate and the Committee on International Relations of the
House of Representatives a study on the performance of
the licensing process pursuant to the Arms Export Control
Act (22 U.S.C. 2751 et seq.), with recommendations on
how to improve that performance.
(b) CONTENTS.—The study should include the fol-
lowing:
(1) An analysis of the typology of licenses on
which action was completed in 1999. The analysis
should provide information on major categories of li-
cense requests, including—
282
(A) the number for nonautomatic small
arms, automatic small arms, technical data,
parts and components, and other weapons;
(B) the percentage of each category staffed
to other agencies;
(C) the average and median time taken for
the processing cycle for each category when
staffed and not staffed;
(D) the average time taken by Presidential
or National Security Council review or scrutiny,
if significant; and
(E) the average time spent at the Depart-
ment of State after a decision had been taken
on a license but before a contractor was notified
of the decision.
For each major category of license requests under
this paragraph, the study should include a break-
down of licenses by country and the identity of each
country that has been identified in the past three
years pursuant to section 3(e) of the Arms Export
Control Act (22 U.S.C. 2753(e)).
(2) A review of the current computer capabili-
ties of the Department of State relevant to the proc-
essing of licenses and its capability to communicate
electronically with other agencies and contractors,
283
and what improvements could be made that would
speed the process, including the cost for such im-
provements.
(3) An analysis of the work load and salary
structure for export licensing officers of the Office of
Defense Trade Controls of the Department of State
as compared to comparable jobs at the Department
of Commerce and the Department of Defense.
(4) Any suggestions of the Department of State
relating to resources and regulations, and any rel-
evant statutory changes that might expedite the li-
censing process while furthering the objectives of the
Arms Export Control Act (22 U.S.C. 2751 et seq.).
SEC. 1311. REPORT CONCERNING PROLIFERATION OF
SMALL ARMS.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the appropriate committees of Congress
a report containing—
(1) an assessment of whether the global trade
in small arms poses any proliferation problems,
including—
(A) estimates of the numbers and sources
of licit and illicit small arms and light arms in
circulation and their origins;
284
(B) the challenges associated with moni-
toring small arms; and
(C) the political, economic, and security di-
mensions of this issue, and the threats posed,
if any, by these weapons to United States inter-
ests, including national security interests;
(2) an assessment of whether the export of
small arms of the type sold commercially in the
United States should be considered a foreign policy
or proliferation issue;
(3) a description and analysis of the adequacy
of current Department of State activities to monitor
and, to the extent possible, ensure adequate control
of, both the licit and illicit manufacture, transfer,
and proliferation of small arms and light weapons,
including efforts to survey and assess this matter
with respect to Africa and to survey and assess the
scope and scale of the issue, including stockpile secu-
rity and destruction of excess inventory, in NATO
and Partnership for Peace countries;
(4) a description of the impact of the reorga-
nization of the Department of State made by the
Foreign Affairs Reform and Restructuring Act of
1998 on the transfer of functions relating to moni-
285
toring, licensing, analysis, and policy on small arms
and light weapons, including—
(A) the integration of and the functions re-
lating to small arms and light weapons of the
United States Arms Control and Disarmament
Agency with those of the Department of State;
(B) the functions of the Bureau of Arms
Control, the Bureau of Nonproliferation, the
Bureau of Political-Military Affairs, the Bureau
of International Narcotics and Law Enforce-
ment, regional bureaus, and any other relevant
bureau or office of the Department of State, in-
cluding the allocation of personnel and funds,
as they pertain to small arms and light weap-
ons;
(C) the functions of the regional bureaus
of the Department of State in providing infor-
mation and policy coordination in bilateral and
multilateral settings on small arms and light
weapons;
(D) the functions of the Under Secretary
of State for Arms Control and International Se-
curity pertaining to small arms and light weap-
ons; and
286
(E) the functions of the scientific and pol-
icy advisory board on arms control, non-
proliferation, and disarmament pertaining to
small arms and light weapons; and
(5) an assessment of whether foreign govern-
ments are enforcing their own laws concerning small
arms and light weapons import and sale, including
commitments under the Inter-American Convention
Against the Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives, and Other
Related Materials or other relevant international
agreements.
(b) DEFINITION.—In this section, the term ‘‘appro-
priate committees of Congress’’ means the Committee on
Foreign Relations and the Select Committee on Intel-
ligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 1312. CONFORMING AMENDMENT.
Subsection (d) of section 248 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 1958) is amended by in-
serting ‘‘, and to the Committee on Foreign Relations of
the Senate and the Committee on International Relations
287
of the House of Representatives,’’ after ‘‘congressional de-
fense committees’’.