H. Con. Res. 288
Agreed to December 13, 2001
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
Concurrent Resolution
Resolved by the House of Representatives (the Senate concur-
ring), That in the enrollment of the bill (S. 1438) to authorize
appropriations for fiscal year 2002 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes, the Secretary of the Senate shall make the following
correction:
Strike section 1212 and insert the following:
SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERA-
TIVE RESEARCH AND DEVELOPMENT PROJECTS.
(a) ELIGIBILITY
OF FRIENDLY FOREIGN COUNTRIES.—Section
2350a of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY TO ENGAGE
IN COOPERATIVE R&D PROJECTS.—’;
(B) by striking ‘‘major allies of the United States or
NATO organizations’’ and inserting ‘‘countries or organiza-
tions referred to in paragraph (2)’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The countries and organizations with which the Secretary
may enter into a memorandum of agreement (or other formal agree-
ment) under paragraph (1) are as follows:
‘‘(A) The North Atlantic Treaty Organization.
‘‘(B) A NATO organization.
‘‘(C) A member nation of the North Atlantic Treaty
Organization.
‘‘(D) A major non-NATO ally.
‘‘(E) Any other friendly foreign country.’’;
(2) in subsection (b)(1)—
(A) by striking ‘‘its major non-NATO allies’’ and
inserting ‘‘a country or organization referred to in sub-
section (a)(2)’’; and
(B) by striking ‘‘(NATO)’’;
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘the major allies of
the United States’’ and inserting ‘‘countries and organiza-
tions referred to in subsection (a)(2)’’; and
(B) in paragraph (2)—
(i) by striking ‘‘major ally of the United States’’
and inserting ‘‘country or organization referred to in
subsection (a)(2)’’; and
H. Con. Res. 288—2
(ii) by striking ‘‘that ally’s contribution’’ and
inserting ‘‘the contribution of that country or organiza-
tion’’;
(4) in subsection (e)(2)—
(A) in subparagraph (A), by striking ‘‘one or more of
the major allies of the United States’’ and inserting ‘‘any
country or organization referred to in subsection (a)(2)’’;
(B) in subparagraph (B), by striking ‘‘major allies of
the United States or NATO organizations’’ and inserting
‘‘countries and organizations referred to in subsection
(a)(2)’’;
(C) in subparagraph (C), by striking ‘‘major allies of
the United States’’ and inserting ‘‘countries and organiza-
tions referred to in subsection (a)(2)’’; and
(D) in subparagraph (D), by striking ‘‘major allies of
the United States’’ and inserting ‘‘countries and organiza-
tions referred to in subsection (a)(2)’’;
(5) paragraphs (1)(A) and (4)(A) of subsection (g), by
striking ‘‘major allies of the United States and other friendly
foreign countries’’ and inserting ‘‘countries referred to in sub-
section (a)(2)’’;
(6) in subsection (h), by striking ‘‘major allies of the United
States’’ and inserting ‘‘member nations of the North Atlantic
Treaty Organization, major non-NATO allies, and other friendly
foreign countries’’; and
(7) in subsection (i)—
(A) in paragraph (1), by striking ‘‘major allies of the
United States or NATO organizations’’ and inserting ‘‘coun-
tries and organizations referred to in subsection (a)(2)’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively.
(b) NOTICE-AND-WAIT REQUIREMENT.—Subsection (a) of such
section is further amended by adding at the end the following
new paragraph:
‘‘(3) If such a memorandum of understanding (or other formal
agreement) is with a country referred to in subparagraph (E) of
paragraph (2), such memorandum (or agreement) may go into effect
only after the Secretary submits to the Committees on Armed
Services and on Foreign Relations of the Senate and to the Commit-
tees on Armed Services and on International Relations of the House
of Representatives a report with respect to the proposed memo-
randum (or agreement) and a period of 30 days has passed after
the report has been submitted.’’.
(c) DELEGATION OF AUTHORITY TO DETERMINE ELIGIBILITY OF
PROJECTS.—Subsection (b)(2) of such section is amended by striking
‘‘to the Deputy Secretary of Defense’’ and all that follows through
the period at the end and inserting ‘‘to the Deputy Secretary of
Defense and to one other official of the Department of Defense.’’.
(d) REVISION
OF
REQUIREMENT
FOR
ANNUAL
REPORT
ON
ELIGIBLE COUNTRIES.—Subsection (f)(2) of such section is amended
to read as follows:
‘‘(2) Not later than January 1 of each year, the Secretary
of Defense shall submit to the Committees on Armed Services
and on Foreign Relations of the Senate and to the Committees
on Armed Services and on International Relations of the House
of Representatives a report specifying—
H. Con. Res. 288—3
‘‘(A) the countries that are eligible to participate in a
cooperative project agreement under this section; and
‘‘(B) the criteria used to determine the eligibility of such
countries.’’.
(e) CONFORMING AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 2350a. Cooperative research and development agreements:
NATO organizations; allied and friendly foreign
countries’’.
(2) The item relating to such section in the table of sections
at the beginning of subchapter II of chapter 138 of title 10, United
States Code, is amended to read as follows:
‘‘2350a. Cooperative research and development agreements: NATO organizations; al-
lied and friendly foreign countries.’’.
SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES
AND INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL
USE OF TEST FACILITIES.
(a) AUTHORITY.—Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2350l. Cooperative agreements for reciprocal use of test
facilities: foreign countries and international
organizations
‘‘(a) AUTHORITY.—The Secretary of Defense, with the concur-
rence of the Secretary of State, may enter into a memorandum
of understanding (or other formal agreement) with a foreign country
or international organization to provide for the testing, on a recip-
rocal basis, of defense equipment (1) by the United States using
test facilities of that country or organization, and (2) by that country
or organization using test facilities of the United States.
‘‘(b) PAYMENT OF COSTS.—A memorandum or other agreement
under subsection (a) shall provide that, when a party to the agree-
ment uses a test facility of another party to the agreement, the
party using the test facility is charged by the party providing
the test facility in accordance with the following principles:
‘‘(1) The user party shall be charged the amount equal
to the direct costs incurred by the provider party in furnishing
test and evaluation services by the providing party’s officers,
employees, or governmental agencies.
‘‘(2) The user party may also be charged indirect costs
relating to the use of the test facility, but only to the extent
specified in the memorandum or other agreement.
‘‘(c) DETERMINATION
OF
INDIRECT
COSTS; DELEGATION
OF
AUTHORITY.—(1) The Secretary of Defense shall determine the
appropriateness of the amount of indirect costs charged by the
United States pursuant to subsection (b)(2).
(2) The Secretary may delegate the authority under paragraph
(1) only to the Deputy Secretary of Defense and to one other
official of the Department of Defense.
‘‘(d) RETENTION OF FUNDS COLLECTED BY THE UNITED STATES.—
Amounts collected by the United States from a party using a
test facility of the United States pursuant to a memorandum or