484
HR 3230 PCS
same terms and conditions as funds appropriated pursu-
ant to this chapter.’’.
(c) IMPLEMENTATION OF LAW ENFORCEMENT AS-
SISTANCE.—Section 482 of such Act (22 U.S.C. 2291a)
is amended by adding at the end the following new sub-
sections:
‘‘(f) TREATMENT OF FUNDS.—Funds transferred to
and consolidated with funds appropriated pursuant to this
chapter may be made available on such terms and condi-
tions as are applicable to funds appropriated pursuant to
this chapter. Funds so transferred or consolidated shall
be apportioned directly to the bureau within the Depart-
ment of State responsible for administering this chapter.
‘‘(g) EXCESS PROPERTY.—For purposes of this chap-
ter, the Secretary of State may use the authority of section
608, without regard to the restrictions of such section, to
receive nonlethal excess property from any agency of the
United States Government for the purpose of providing
such property to a foreign government under the same
terms and conditions as funds authorized to be appro-
priated for the purposes of this chapter.’’.
SEC. 1532. NOTIFICATION REQUIREMENT.
(a) IN GENERAL.—The authority of section 1003(d)
of the National Narcotics Control Leadership Act of 1988
(21 U.S.C. 1502(d)) may be exercised with respect to
485
HR 3230 PCS
funds authorized to be appropriated pursuant to the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
with respect to the personnel of the Department of State
only to the extent that the appropriate congressional com-
mittees have been notified 15 days in advance in accord-
ance with the reprogramming procedures applicable under
section 634A of that Act (22 U.S.C. 2394).
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE-
LATED ECONOMIC ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcot-
ics-related assistance under part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) may be pro-
vided notwithstanding any other provision of law that re-
stricts assistance to foreign countries (other than section
490(e) or section 502B of that Act (22 U.S.C. 2291j(e)
and 2304)) if, at least 15 days before obligating funds
for such assistance, the President notifies the appropriate
congressional committees (as defined in section 481(e) of
that Act (22 U.S.C. 2291(e))) in accordance with the pro-
486
HR 3230 PCS
cedures applicable to reprogramming notifications under
section 634A of that Act (22 U.S.C. 2394).
Subtitle E—Other Provisions
SEC. 1541. STANDARDIZATION OF CONGRESSIONAL REVIEW
PROCEDURES FOR ARMS TRANSFERS.
(a) THIRD
COUNTRY
TRANSFERS
UNDER
FMS
SALES.—Section 3(d)(2) of the Arms Export Control Act
(22 U.S.C. 2753(d)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘, as pro-
vided for in sections 36(b)(2) and 36(b)(3) of this
Act’’;
(2) in subparagraph (B), by striking ‘‘law’’ and
inserting ‘‘joint resolution’’; and
(3) by adding at the end the following:
‘‘(C) If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which
requires that consent to the proposed transfer become ef-
fective immediately in the national security interests of the
United States, thus waiving the requirements of that sub-
paragraph, the President shall set forth in the certification
a detailed justification for his determination, including a
description of the emergency circumstances which neces-
sitate immediate consent to the transfer and a discussion
of the national security interests involved.
487
HR 3230 PCS
‘‘(D)(i) Any joint resolution under this paragraph
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration
and enactment of joint resolutions under this paragraph,
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(b) THIRD COUNTRY TRANSFERS UNDER COMMER-
CIAL SALES.—Section 3(d)(3) of such Act (22 U.S.C.
2753(d)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) in the first sentence—
(A) by striking ‘‘at least 30 calendar
days’’; and
(B) by striking ‘‘report’’ and inserting
‘‘certification’’; and
(3) by striking the last sentence and inserting
the following: ‘‘Such certification shall be submit-
ted—
‘‘(i) at least 15 calendar days before such con-
sent is given in the case of a transfer to a country
488
HR 3230 PCS
which is a member of the North Atlantic Treaty Or-
ganization or Australia, Japan, or New Zealand; and
‘‘(ii) at least 30 calendar days before such con-
sent is given in the case of a transfer to any other
country,
unless the President states in his certification that an
emergency exists which requires that consent to the pro-
posed transfer become effective immediately in the na-
tional security interests of the United States. If the Presi-
dent states in his certification that such an emergency ex-
ists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the Presi-
dent shall set forth in the certification a detailed justifica-
tion for his determination, including a description of the
emergency circumstances which necessitate that consent
to the proposed transfer become effective immediately and
a discussion of the national security interests involved.
‘‘(B) Consent to a transfer subject to subparagraph
(A) shall become effective after the end of the 15-day or
30-day period specified in subparagraph (A)(i) or (ii), as
the case may be, only if the Congress does not enact, with-
in that period, a joint resolution prohibiting the proposed
transfer.
‘‘(C)(i) Any joint resolution under this paragraph
shall be considered in the Senate in accordance with the
489
HR 3230 PCS
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration
and enactment of joint resolutions under this paragraph,
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(c) COMMERCIAL SALES.—Section 36(c)(2) of such
Act (22 U.S.C. 2776(c)(2)) is amended by amending sub-
paragraphs (A) and (B) to read as follows:
‘‘(A) in the case of a license for an export to
the North Atlantic Treaty Organization, any mem-
ber country of that Organization or Australia,
Japan, or New Zealand, 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
resolution prohibiting the proposed export; and
‘‘(B) in the case of any other license, shall not
be issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day pe-
riod, enacts a joint resolution prohibiting the pro-
posed export.’’.
490
HR 3230 PCS
(d) COMMERCIAL MANUFACTURING AGREEMENTS.—
Section 36(d) of such Act (22 U.S.C. 2776(d)) is amend-
ed—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by striking ‘‘for or in a country not a mem-
ber of the North Atlantic Treaty Organization’’; and
(3) by adding at the end the following:
‘‘(2) A certification under this subsection shall be
submitted—
‘‘(A) at least 15 days before approval is given
in the case of an agreement for or in a country
which is a member of the North Atlantic Treaty Or-
ganization or Australia, Japan, or New Zealand; and
‘‘(B) at least 30 days before approval is given
in the case of an agreement for or in any other
country;
unless the President states in his certification that an
emergency exists which requires the immediate approval
of the agreement in the national security interests of the
United States.
‘‘(3) If the President states in his certification that
an emergency exists which requires the immediate ap-
proval of the agreement in the national security interests
of the United States, thus waiving the requirements of
paragraph (4), he shall set forth in the certification a de-
491
HR 3230 PCS
tailed justification for his determination, including a de-
scription of the emergency circumstances which neces-
sitate the immediate approval of the agreement and a dis-
cussion of the national security interests involved.
‘‘(4) Approval for an agreement subject to paragraph
(1) may not be given under section 38 if the Congress,
within the 15-day or 30-day period specified in paragraph
(2)(A) or (B), as the case may be, enacts a joint resolution
prohibiting such approval.
‘‘(5)(A) Any joint resolution under paragraph (4)
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
‘‘(B) For the purpose of expediting the consideration
and enactment of joint resolutions under paragraph (4),
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.’’.
(e) GOVERNMENT-TO-GOVERNMENT LEASES.—
(1) CONGRESSIONAL REVIEW PERIOD.—Section
62 of such Act (22 U.S.C. 2796a) is amended—
(A) in subsection (a), by striking ‘‘Not less
than 30 days before’’ and inserting ‘‘Before’’;
(B) in subsection (b)—
492
HR 3230 PCS
(i) by striking ‘‘determines, and im-
mediately reports to the Congress’’ and in-
serting ‘‘states in his certification’’; and
(ii) by adding at the end of the sub-
section the following: ‘‘If the President
states in his certification that such an
emergency exists, he shall set forth in the
certification a detailed justification for his
determination, including a description of
the emergency circumstances which neces-
sitate that the lease be entered into imme-
diately and a discussion of the national se-
curity interests involved.’’; and
(C) by adding at the end of the section the
following:
‘‘(c) The certification required by subsection (a) shall
be transmitted—
‘‘(1) not less than 15 calendar days before the
agreement is entered into or renewed in the case of
an agreement with the North Atlantic Treaty Orga-
nization, any member country of that Organization
or Australia, Japan, or New Zealand; and
‘‘(2) not less than 30 calendar days before the
agreement is entered into or renewed in the case of
493
HR 3230 PCS
an agreement with any other organization or coun-
try.’’.
(2) CONGRESSIONAL
DISAPPROVAL.—Section
63(a) of such Act (22 U.S.C. 2796b(a)) is amend-
ed—
(A) by striking ‘‘(a)(1)’’ and inserting
‘‘(a)’’;
(B) by striking out the ‘‘30 calendar days
after receiving the certification with respect to
that proposed agreement pursuant to section
62(a),’’ and inserting in lieu thereof ‘‘the 15-
day or 30-day period specified in section 62(c)
(1) or (2), as the case may be,’’; and
(C) by striking paragraph (2).
(f) EFFECTIVE DATE.—The amendments made by
this section apply with respect to certifications required
to be submitted on or after the date of the enactment of
this Act.
SEC. 1542. INCREASED STANDARDIZATION, RATIONALIZA-
TION, AND INTEROPERABILITY OF ASSIST-
ANCE AND SALES PROGRAMS.
Paragraph (6) of section 515(a) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended
by striking ‘‘among members of the North Atlantic Treaty
494
HR 3230 PCS
Organization and with the Armed Forces of Japan, Aus-
tralia, and New Zealand’’.
SEC. 1543. DEFINITION OF SIGNIFICANT MILITARY EQUIP-
MENT.
Section 47 of the Arms Export Control Act (22
U.S.C. 2794) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(9) ‘significant military equipment’ means articles—
‘‘(A) for which special export controls are war-
ranted because of the capacity of such articles for
substantial military utility or capability; and
‘‘(B) identified on the United States Munitions
List.’’.
SEC. 1544. ELIMINATION OF ANNUAL REPORTING REQUIRE-
MENT RELATING TO THE SPECIAL DEFENSE
ACQUISITION FUND.
(a) IN GENERAL.—Section 53 of the Arms Export
Control Act (22 U.S.C. 2795b) is hereby repealed.
(b) CONFORMING AMENDMENT.—Section 51(a)(4) of
such Act (22 U.S.C. 2795(a)(4)) is amended—
495
HR 3230 PCS
(1) by striking ‘‘(a)’’; and
(2) by striking subparagraph (B).
SEC. 1545. COST OF LEASED DEFENSE ARTICLES THAT
HAVE BEEN LOST OR DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22
U.S.C. 2796(a)(4)) is amended by striking ‘‘and the re-
placement cost’’ and all that follows and inserting the fol-
lowing: ‘‘and, if the articles are lost or destroyed while
leased—
‘‘(A) in the event the United States in-
tends to replace the articles lost or destroyed,
the replacement cost (less any depreciation in
the value) of the articles; or
‘‘(B) in the event the United States does
not intend to replace the articles lost or de-
stroyed, an amount not less than the actual
value (less any depreciation in the value) speci-
fied in the lease agreement.’’.
SEC. 1546. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) DESIGNATION.—
(1) NOTICE TO CONGRESS.—Chapter 2 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C.
2311 et seq.), as amended by this title, is further
amended by adding at the end the following new sec-
tion:
496
HR 3230 PCS
‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
‘‘(a) NOTICE TO CONGRESS.—The President shall no-
tify the Congress in writing at least 30 days before—
‘‘(1) designating a country as a major non-
NATO ally for purposes of this Act and the Arms
Export Control Act (22 U.S.C. 2751 et seq.); or
‘‘(2) terminating such a designation.
‘‘(b) INITIAL DESIGNATIONS.—Australia, Egypt, Is-
rael, Japan, the Republic of Korea, and New Zealand shall
be deemed to have been so designated by the President
as of the effective date of this section, and the President
is not required to notify the Congress of such designation
of those countries.’’.
(2) DEFINITION.—Section 644 of such Act (22
U.S.C. 2403) is amended by adding at the end the
following:
‘‘(q) ‘Major non-NATO ally’ means a country which
is designated in accordance with section 517 as a major
non-NATO ally for purposes of this Act and the Arms Ex-
port Control Act (22 U.S.C. 2751 et seq.).’’.
(3) EXISTING DEFINITIONS.—(A) The last sen-
tence of section 21(g) of the Arms Export Control
Act (22 U.S.C. 2761(g)) is repealed.
(B) Section 65(d) of such Act (22 U.S.C.
2796d(d)) is amended—
(i) by striking ‘‘or major non-NATO’’; and
497
HR 3230 PCS
(ii) by striking out ‘‘or a’’ and all that fol-
lows through ‘‘Code’’.
(b) COOPERATIVE TRAINING AGREEMENTS.—Section
21(g) of the Arms Export Control Act (22 U.S.C.
2761(g)) is amended in the first sentence by striking
‘‘similar agreements’’ and all that follows through ‘‘other
countries’’ and inserting ‘‘similar agreements with coun-
tries’’.
SEC. 1547. CERTIFICATION THRESHOLDS.
(a) INCREASE IN DOLLAR THRESHOLDS.—The Arms
Export Control Act (22 U.S.C. 2751 et seq.) is amended—
(1) in section 3(d) (22 U.S.C. 2753(d))—
(A) in paragraphs (1) and (3), by striking
‘‘$14,000,000’’ each place it appears and in-
serting ‘‘$25,000,000’’; and
(B) in paragraphs (1) and (3), by striking
‘‘$50,000,000’’ each place it appears and in-
serting ‘‘$75,000,000’’;
(2) in section 36 (22 U.S.C. 2776)—
(A) in subsections (b)(1), (b)(5)(C), and
(c)(1), by striking ‘‘$14,000,000’’ each place it
appears and inserting ‘‘$25,000,000’’;
(B) in subsections (b)(1), (b)(5)(C), and
(c)(1), by striking ‘‘$50,000,000’’ each place it
appears and inserting ‘‘$75,000,000’’; and
498
HR 3230 PCS
(C) in subsections (b)(1) and (b)(5)(C), by
striking ‘‘$200,000,000’’ each place it appears
and inserting ‘‘$300,000,000’’; and
(3) in section 63(a) (22 U.S.C. 2796b(a))—
(A) by striking ‘‘$14,000,000’’ and insert-
ing ‘‘$25,000,000’’; and
(B) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘$75,000,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply with respect to certifications submit-
ted on or after the date of the enactment of this Act.
SEC. 1548. DEPLETED URANIUM AMMUNITION.
Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370 et seq.), as amended by this title,
is further amended by adding at the end the following new
section:
‘‘SEC. 620G. DEPLETED URANIUM AMMUNITION.
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), none of the funds made available to carry out
this Act or any other Act may be made available to facili-
tate in any way the sale of M–833 antitank shells or any
comparable antitank shells containing a depleted uranium
penetrating component to any country other than—
‘‘(1) a country that is a member of the North
Atlantic Treaty Organization;
499
HR 3230 PCS
‘‘(2) a country that has been designated as a
major non-NATO ally (as defined in section 644(q));
or
‘‘(3) Taiwan.
‘‘(b) EXCEPTION.—The prohibition contained in sub-
section (a) shall not apply with respect to the use of funds
to facilitate the sale of antitank shells to a country if the
President determines that to do so is in the national secu-
rity interest of the United States.’’.
SEC. 1549. END-USE MONITORING OF DEFENSE ARTICLES
AND DEFENSE SERVICES.
(a) IN GENERAL.—The Arms Export Control Act (22
U.S.C. 2751 et seq.) is amended by inserting after chapter
3 the following new chapter:
‘‘CHAPTER 3A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE
SERVICES
‘‘SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES
AND DEFENSE SERVICES.
‘‘(a) ESTABLISHMENT OF MONITORING PROGRAM.—
‘‘(1) IN
GENERAL.—In order to improve ac-
countability with respect to defense articles and de-
fense services sold, leased, or exported under this
Act or the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the President shall establish a
500
HR 3230 PCS
program which provides for the end-use monitoring
of such articles and services.
‘‘(2) REQUIREMENTS OF PROGRAM.—To the ex-
tent practicable, such program—
‘‘(A) shall provide for the end-use monitor-
ing of defense articles and defense services in
accordance with the standards that apply for
identifying high-risk exports for regular end-use
verification developed under section 38(g)(7) of
this Act (commonly referred to as the ‘Blue
Lantern’ program); and
‘‘(B) shall be designed to provide reason-
able assurance that—
‘‘(i) the recipient is complying with
the requirements imposed by the United
States Government with respect to use,
transfers, and security of defense articles
and defense services; and
‘‘(ii) such articles and services are
being used for the purposes for which they
are provided.
‘‘(b) CONDUCT OF PROGRAM.—In carrying out the
program established under subsection (a), the President
shall ensure that the program—
501
HR 3230 PCS
‘‘(1) provides for the end-use verification of de-
fense articles and defense services that incorporate
sensitive technology, defense articles and defense
services that are particularly vulnerable to diversion
or other misuse, or defense articles or defense serv-
ices whose diversion or other misuse could have sig-
nificant consequences; and
‘‘(2) prevents the diversion (through reverse en-
gineering or other means) of technology incorporated
in defense articles.
‘‘(c) REPORT
TO CONGRESS.—Not later than 6
months after the date of the enactment of this section,
and annually thereafter as a part of the annual congres-
sional presentation documents submitted under section
634 of the Foreign Assistance Act of 1961, the President
shall transmit to the Congress a report describing the ac-
tions taken to implement this section, including a detailed
accounting of the costs and number of personnel associ-
ated with the monitoring program.
‘‘(d) THIRD COUNTRY TRANSFERS.—For purposes of
this section, defense articles and defense services sold,
leased, or exported under this Act or the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) includes de-
fense articles and defense services that are transferred to
a third country or other third party.’’.
502
HR 3230 PCS
(b) EFFECTIVE DATE.—Section 40A of the Arms Ex-
port Control Act, as added by subsection (a), applies with
respect to defense articles and defense services provided
before or after the date of the enactment of this Act.
SEC. 1550. BROKERING ACTIVITIES RELATING TO COMMER-
CIAL SALES OF DEFENSE ARTICLES AND
SERVICES.
(a) IN GENERAL.—Section 38(b)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2778(b)(1)(A)) is amend-
ed—
(1) in the first sentence, by striking ‘‘As pre-
scribed in regulations’’ and inserting ‘‘(i) As pre-
scribed in regulations’’; and
(2) by adding at the end the following new
clause:
‘‘(ii)(I) As prescribed in regulations issued under this
section, every person (other than an officer or employee
of the United States Government acting in official capac-
ity) who engages in the business of brokering activities
with respect to the manufacture, export, import, or trans-
fer of any defense article or defense service designated by
the President under subsection (a)(1), or in the business
of brokering activities with respect to the manufacture, ex-
port, import, or transfer of any foreign defense article or
defense service (as defined in subclause (IV)), shall reg-
503
HR 3230 PCS
ister with the United States Government agency charged
with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regula-
tions.
‘‘(II) Such brokering activities shall include the fi-
nancing, transportation, freight forwarding, or taking of
any other action that facilitates the manufacture, export,
or import of a defense article or defense service.
‘‘(III) No person may engage in the business of
brokering activities described in subclause (I) without a
license, issued in accordance with this Act, except that no
license shall be required for such activities undertaken by
or for an agency of the United States Government—
‘‘(aa) for use by an agency of the United States
Government; or
‘‘(bb) for carrying out any foreign assistance or
sales program authorized by law and subject to the
control of the President by other means.
‘‘(IV) For purposes of this clause, the term ‘foreign
defense article or defense service’ includes any non-United
States defense article or defense service of a nature de-
scribed on the United States Munitions List regardless of
whether such article or service is of United States origin
or whether such article or service contains United States
origin components.’’.
504
HR 3230 PCS
(b) EFFECTIVE DATE.—Section 38(b)(1)(A)(ii) of
the Arms Export Control Act, as added by subsection (a),
shall apply with respect to brokering activities engaged in
beginning on or after 120 days after the enactment of this
Act.
SEC. 1551. RETURN AND EXCHANGES OF DEFENSE ARTI-
CLES PREVIOUSLY TRANSFERRED PURSUANT
TO THE ARMS EXPORT CONTROL ACT.
(a) REPAIR OF DEFENSE ARTICLES.—Section 21 of
the Arms Export Control Act (22 U.S.C. 2761) is amend-
ed by adding at the end the following new subsection:
‘‘(l) REPAIR OF DEFENSE ARTICLES.—
‘‘(1) IN GENERAL.—The President may acquire
a repairable defense article from a foreign country
or international organization if such defense arti-
cle—
‘‘(A) previously was transferred to such
country or organization under this Act;
‘‘(B) is not an end item; and
‘‘(C) will be exchanged for a defense article
of the same type that is in the stocks of the De-
partment of Defense.
‘‘(2) LIMITATION.—The President may exercise
the authority provided in paragraph (1) only to the
extent that the Department of Defense—
505
HR 3230 PCS
‘‘(A)(i) has a requirement for the defense
article being returned; and
‘‘(ii) has available sufficient funds author-
ized and appropriated for such purpose; or
‘‘(B)(i) is accepting the return of the de-
fense article for subsequent transfer to another
foreign government or international organiza-
tion pursuant to a letter of offer and acceptance
implemented in accordance with this Act; and
‘‘(ii) has available sufficient funds provided
by or on behalf of such other foreign govern-
ment or international organization pursuant to
a letter of offer and acceptance implemented in
accordance with this Act.
‘‘(3) REQUIREMENT.—(A) The foreign govern-
ment or international organization receiving a new
or repaired defense article in exchange for a repair-
able defense article pursuant to paragraph (1) shall,
upon the acceptance by the United States Govern-
ment of the repairable defense article being re-
turned, be charged the total cost associated with the
repair and replacement transaction.
‘‘(B) The total cost charged pursuant to sub-
paragraph (A) shall be the same as that charged the
United States Armed Forces for a similar repair and
506
HR 3230 PCS
replacement transaction, plus an administrative sur-
charge in accordance with subsection (e)(1)(A) of
this section.
‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI-
SIONS OF LAW.—The authority of the President to
accept the return of a repairable defense article as
provided in subsection (a) shall not be subject to
chapter 137 of title 10, United States Code, or any
other provision of law relating to the conclusion of
contracts.’’.
(b) RETURN OF DEFENSE ARTICLES.—Section 21 of
such Act (22 U.S.C. 2761), as amended by subsection (a),
is further amended by adding at the end the following new
subsection:
‘‘(m) RETURN OF DEFENSE ARTICLES.—
‘‘(1) IN GENERAL.—The President may accept
the return of a defense article from a foreign coun-
try or international organization if such defense arti-
cle—
‘‘(A) previously was transferred to such
country or organization under this Act;
‘‘(B) is not significant military equipment
(as defined in section 47(9) of this Act); and
‘‘(C) is in fully functioning condition with-
out need of repair or rehabilitation.
507
HR 3230 PCS
‘‘(2) LIMITATION.—The President may exercise
the authority provided in paragraph (1) only to the
extent that the Department of Defense—
‘‘(A)(i) has a requirement for the defense
article being returned; and
‘‘(ii) has available sufficient funds author-
ized and appropriated for such purpose; or
‘‘(B)(i) is accepting the return of the de-
fense article for subsequent transfer to another
foreign government or international organiza-
tion pursuant to a letter of offer and acceptance
implemented in accordance with this Act; and
‘‘(ii) has available sufficient funds provided
by or on behalf of such other foreign govern-
ment or international organization pursuant to
a letter of offer and acceptance implemented in
accordance with this Act.
‘‘(3) CREDIT FOR TRANSACTION.—Upon acqui-
sition and acceptance by the United States Govern-
ment of a defense article under paragraph (1), the
appropriate Foreign Military Sales account of the
provider shall be credited to reflect the transaction.
‘‘(4) RELATIONSHIP TO CERTAIN OTHER PROVI-
SIONS OF LAW.—The authority of the President to
accept the return of a defense article as provided in
508
HR 3230 PCS
paragraph (1) shall not be subject to chapter 137 of
title 10, United States Code, or any other provision
of law relating to the conclusion of contracts.’’.
(c) REGULATIONS.—Under the direction of the Presi-
dent, the Secretary of Defense shall promulgate regula-
tions to implement subsections (l) and (m) of section 21
of the Arms Export Control Act, as added by this section.
SEC. 1552. NATIONAL SECURITY INTEREST DETERMINA-
TION TO WAIVE REIMBURSEMENT OF DEPRE-
CIATION FOR LEASED DEFENSE ARTICLES.
(a) IN GENERAL.—Section 61(a) of the Arms Export
Control Act (22 U.S.C. 2796(a)) is amended—
(1) in the second sentence, by striking ‘‘, or to
any defense article which has passed three-quarters
of its normal service life’’; and
(2) by inserting after the second sentence the
following new sentence: ‘‘The President may waive
the requirement of paragraph (4) for reimbursement
of depreciation for any defense article which has
passed three-quarters of its normal service life if the
President determines that to do so is important to
the national security interest of the United States.’’.
(b) EFFECTIVE DATE.—The third sentence of section
61(a) of the Arms Export Control Act, as added by sub-
section (a)(2), shall apply only with respect to a defense
509
HR 3230 PCS
article leased on or after the date of the enactment of this
Act.
SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT
CONTROL ACT.
The Government of the Republic of Panama shall be
eligible to purchase defense articles and defense services
under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), except as otherwise specifically provided by law.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 1997’’.
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the follow-
ing table:
510
HR 3230 PCS
Army: Inside the United States
State
Installation or location
Total
Arizona ............................
Fort Huachuca .....................................
$21,000,000
California .........................
Army project, Naval Weapons Station,
Concord ............................................
$27,000,000
Camp Roberts ......................................
$5,500,000
Fort Irwin ............................................
$7,000,000
Colorado ..........................
Fort Carson .........................................
$17,550,000
District of Columbia ........
Fort McNair ........................................
$6,900,000
Georgia ............................
Fort Benning .......................................
$53,400,000
Fort McPherson ...................................
$9,100,000
Fort Stewart, Hunter Army Air Field
$6,000,000
Kansas .............................
Fort Riley .............................................
$26,000,000
Kentucky .........................
Fort Campbell ......................................
$51,100,000
Fort Knox ............................................
$20,500,000
New Jersey ......................
Picatinny Arsenal .................................
$7,500,000
New Mexico .....................
White Sands Missile Range .................
$10,000,000
New York ........................
Fort Drum ...........................................
$11,400,000
North Carolina ................
Fort Bragg ...........................................
$14,000,000
Texas ...............................
Fort Hood ............................................
$52,700,000
Virginia ...........................
Fort Eustis ..........................................
$3,550,000
Washington .....................
Fort Lewis ...........................................
$54,600,000
CONUS Classified ...........
Classified Location ...............................
$4,600,000
Total .............................................
$409,400,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Total
Germany ...............................
Lincoln Village ................................
$7,300,000
Spinelli Barracks ............................
$8,100,000
Taylor Barracks ..............................
$9,300,000
Italy ......................................
Camp Ederle, Vincenza ..................
$3,100,000
Korea ....................................
Camp Casey ....................................
$16,000,000
Camp Red Cloud ............................
$14,000,000
Overseas Classified ...............
Classified Location .........................
$64,000,000
Total ........................................
$121,800,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
511
HR 3230 PCS
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Army: Family Housing
State
Installation
Purpose
Total
Alabama .......................
Redstone Arsenal .........
70 Units ..........
$8,000,000
Hawaii ..........................
Schofield Barracks ......
54 Units ..........
$10,000,000
North Carolina .............
Fort Bragg ..................
88 Units ..........
$9,800,000
Pennsylvania .................
Tobyhanna Army
Depot .......................
200 Units ........
$890,000
Texas ............................
Fort Bliss ....................
85 Units ..........
$12,000,000
Fort Hood ....................
140 Units ........
$18,500,000
Total: .......
$59,190,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $2,963,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in sections 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$114,450,000.
512
HR 3230 PCS
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,037,653,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$409,400,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$121,800,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, Unit-
ed States Code, $8,000,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $54,384,000.
(5) For demolition of excess facilities under sec-
tion 2814 of title 10, United States Code, as added
by section 2802, $10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $176,603,000.
513
HR 3230 PCS
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,257,466,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS,
FORT IRWIN, CALIFORNIA.
In the case of amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1) of
the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337) and sec-
tion 2104(a)(1) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104–
106) for a military construction project for Fort Irwin,
California, involving the construction of an air field for
the National Training Center at Barstow-Daggett, Cali-
fornia, the Secretary of the Army may use such amounts
for the construction of a heliport at the same location.
514
HR 3230 PCS
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations inside the Unit-
ed States, and in the amounts, set forth in the following
table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ..........................
Navy Detachment, Camp Navajo ............
$3,920,000
Marine Corps Air Station, Yuma .............
$14,600,000
California .......................
Marine Corps Air-Ground Combat Cen-
ter, Twentynine Palms .........................
$4,020,000
Marine Corps Air Station, Camp Pendle-
ton ........................................................
$6,240,000
Marine Corps Base, Camp Pendleton ......
$51,630,000
Naval Air Station, North Island ..............
$86,502,000
Naval Facility, San Clemente Island .......
$17,000,000
Naval Station, San Diego ........................
$7,050,000
Naval Command Control & Ocean Sur-
veillance Center, San Diego .................
$1,960,000
Connecticut ....................
Naval Submarine Base, New London ......
$13,830,000
District of Columbia ......
Naval District, Washington .....................
$19,300,000
Florida ...........................
Naval Air Station, Key West ...................
$2,250,000
Naval Station, Mayport ...........................
$2,800,000
Georgia ..........................
Marine Corps Logistics Base, Albany ......
$1,630,000
Naval Submarine Base, Kings Bay .........
$1,550,000
Hawaii ...........................
Marine Corps Air Station, Kaneohe Bay
$20,080,000
Naval Station, Pearl Harbor ...................
$19,600,000
Naval Submarine Base, Pearl Harbor .....
$35,890,000
Idaho ..............................
Naval Surface Warfare Center, Bayview
$7,150,000
Illinois ............................
Naval Hospital, Great Lakes ...................
$15,200,000
Naval Training Center, Great Lakes .......
$22,900,000
Indiana ...........................
Naval Surface Warfare Center, Crane .....
$5,000,000
Maryland ........................
Naval Air Warfare Center, Patuxent
River .....................................................
$1,270,000
Nevada ...........................
Naval Air Station, Fallon ........................
$16,200,000
North Carolina ..............
Marine Corps Air Station, Cherry Point
$1,630,000
Marine Corps Air Station, New River .....
$20,290,000
Marine Corps Base, Camp LeJeune ........
$20,750,000
Pennsylvania ..................
Philadelphia Naval Shipyard ...................
$8,300,000
South Carolina ...............
Marine Corps Recruit Detachment, Par-
ris Island.
$4,990,000
Texas .............................
Naval Station, Ingleside ...........................
$16,850,000
Naval Air Station, Kingsville ...................
$1,810,000
Virginia ..........................
Armed Forces Staff College, Norfolk ......
$12,900,000
515
HR 3230 PCS
Navy: Inside the United States—Continued
State
Installation or location
Amount
Fleet Combat Training Command, Dam
Neck .....................................................
$7,000,000
Marine Corps Combat Development Com-
mand, Quantico ....................................
$14,570,000
Naval Station, Norfolk .............................
$56,120,000
Naval Surface Warfare Center, Dahlgren
$8,030,000
Washington ....................
Naval Station, Everett .............................
$25,740,000
Naval Undersea Warfare Center .............
$6,800,000
CONUS Various ............
Defense access roads ................................
$300,000
.
Total .................................................
$583,652,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the follow-
ing table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ..........................
Administrative Support Unit, Bahrain ....
$5,980,000
Greece ............................
Naval Support Activity, Souda Bay .........
$11,050,000
Italy ...............................
Naval Air Station, Sigonella ....................
$15,700,000
Naval Support Activity, Naples ...............
$8,620,000
United Kingdom ............
Joint Maritime Communications Center,
St. Mawgan ..........................................
$4,700,000
Total .................................................
$46,050,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(6)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table: