[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4919 Enrolled Bill (ENR)]
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,

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(a) Short Title.--This Act may be cited as the ``Security
Assistance Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Subtitle A--Foreign Military Sales and Financing Authorities

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defense items for export to foreign countries.
Subtitle B--Stockpiling of Defense Articles for Foreign Countries

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TITLE I

-MILITARY AND RELATED ASSISTANCE

the war reserve stockpiles for allies to Israel.
Subtitle C--Other Assistance

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TITLE III

-NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Chemical Weapons Convention Implementation Act of 1998.

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Subtitle A--Establishment of a National Security Assistance Strategy

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TITLE IV

-ANTITERRORISM ASSISTANCE

Subtitle B--Allocations for Certain Countries

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TITLE V

-INTEGRATED SECURITY ASSISTANCE PLANNING

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TITLE VI

-TRANSFERS OF NAVAL VESSELS

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TITLE VII

-MISCELLANEOUS PROVISIONS

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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 Representatives.
Subtitle A--Foreign Military Sales and Financing Authorities

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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.

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DEFENSE ITEMS FOR EXPORT TO FOREIGN 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 Countries.--
``(1) Requirement for bilateral agreement.--
``(A) In general.--The President may utilize the regulatory
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 agreement 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 control
commitments from all end-users, including such
documentation as is needed in order to ensure compliance
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;
``(ii) appropriate controls on unclassified information
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 International
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 requirements
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
continue 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
Representatives; 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--
``(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 subparagraph (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 resolution prohibiting the
proposed export; and''.
(2) Sense of the Congress.--It is the sense of the Congress
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 appropriate 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

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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.
``(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.''.

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THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.
(a) Transfers to Israel.--
(1) Authority.--Notwithstanding section 514 of the Foreign
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 concurrence 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 pursuant 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

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(a) Emergency Drawdown.--Section 506(a)(2)(B) of the Foreign
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
nonproliferation assistance); or
``(V) the Migration and Refugee Assistance Act of
1962; or''.

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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''.

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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.).

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TITLE II

-INTERNATIONAL MILITARY EDUCATION AND TRAINING

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 practicable, a record of the person's
subsequent military or defense ministry career and current position and
location.''.

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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
proliferation;
``(2) to strengthen the bilateral ties of the United States
with friendly governments by offering concrete assistance in this
area of vital national security interest;
``(3) to accomplish the activities and objectives set forth in
sections 503 and 504 of the FREEDOM Support Act (22 U.S.C. 5853,
5854), without regard to the limitation of those sections to the
independent states of the former Soviet Union; and
``(4) to promote multilateral activities, including cooperation
with international organizations, relating to nonproliferation.
``SEC. 582. AUTHORIZATION OF ASSISTANCE.
``Notwithstanding any other provision of law (other than section
502B or section 620A of this Act), the President is authorized to
furnish, on such terms and conditions as the President may determine,
assistance in order to carry out the purposes of this chapter. Such
assistance may include training services and the provision of funds,
equipment, and other commodities related to the detection, deterrence,
monitoring, interdiction, and prevention or countering of
proliferation, the establishment of effective nonproliferation laws and
regulations, and the apprehension of those individuals involved in acts
of proliferation of such weapons.
``SEC. 583. TRANSIT INTERDICTION.
``(a) Allocation of Funds.--In providing assistance under this
chapter, the President should ensure that not less than one-quarter of
the total of such assistance is expended for the purpose of enhancing
the capabilities of friendly countries to detect and interdict
proliferation-related shipments of cargo that originate from, and are
destined for, other countries.
``(b) Priority to Certain Countries.--Priority shall be given in
the apportionment of the assistance described under subsection (a) to
any friendly country that has been determined by the Secretary of State
to be a country frequently transited by proliferation-related shipments
of cargo.
``SEC. 584. LIMITATIONS.
``The limitations contained in section 573(a) and (d) of this Act
shall apply to this chapter.
``SEC. 585. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this chapter $129,000,000
for fiscal year 2001 and $142,000,000 for fiscal year 2002.
``(b) Availability of Funds.--Funds made available under subsection
(a) may be used notwithstanding any other provision of law (other than
section 502B or 620A) and shall remain available until expended.
``(c) Treatment of Fiscal Year 2001 Appropriations.--Amounts made
available by the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, under `Nonproliferation,
Antiterrorism, Demining, and Related Programs' and `Assistance for the
Independent States of the Former Soviet Union' accounts for the
activities described in subsection (d) shall be considered to be made
available pursuant to this chapter.
``(d) Covered Activities.--The activities referred to in subsection
(c) are--
``(1) assistance under the Nonproliferation and Disarmament
Fund;
``(2) assistance for science and technology centers in the
independent states of the former Soviet Union;
``(3) export control assistance; and
``(4) export control and border assistance under chapter 11 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et
seq.) or the FREEDOM Support Act (22 U.S.C. 5801 et seq.).''.

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STATES.
Of the amounts made available for fiscal years 2001 and 2002 under
chapter 9 of part II of the Foreign Assistance Act of 1961, as added by
section 301, $2,000,000 is authorized to be available each such fiscal
year for the purpose of training and education of personnel from
friendly countries in the United States.

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(a) Availability of Funds.--Of the amounts made available for the
fiscal years 2001 and 2002 under chapter 9 of part II of the Foreign
Assistance Act of 1961, as added by section 301, $59,000,000 for fiscal
year 2001 and $65,000,000 for fiscal year 2002 are authorized to be
available for science and technology centers in the independent states
of the former Soviet Union.
(b) Sense of the Congress.--It is the sense of the Congress, taking
into account section 1132 of H. R. 3427 of the One Hundred Sixth
Congress (as enacted by section 1000(a)(7) of Public Law 106-113), that
the practice of auditing entities receiving funds authorized under this
section should be significantly expanded and that the burden of
supplying auditors should be spread equitably within the United States
Government.

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(a) Allocation of Funds.--Of the amount made available for fiscal
year 2001 under chapter 9 of the Foreign Assistance Act of 1961, as
added by section 301, $5,000,000 is authorized to be available to
establish a static cargo x-ray facility in Malta, if the Secretary of
State first certifies to the appropriate committees of Congress that
the Government of Malta has provided adequate assurances that such a
facility will be utilized in connection with random cargo inspections
by Maltese customs officials of container traffic transiting through
the Malta Freeport.
(b) Requirement of Written Assessment.--In the event that a
facility is established in Malta pursuant to subsection (a), the
Secretary of State shall submit a written assessment to the appropriate
committees of Congress not later than 270 days after such a facility
commences operation detailing--
(1) statistics on utilization of the facility by Malta;
(2) the contribution made by the facility to United States
nonproliferation and export control objectives; and
(3) the feasibility of establishing comparable facilities in
other countries identified by the Secretary of State pursuant to
section 583 of the Foreign Assistance Act of 1961, as added by
section 301.
(c) Treatment of Assistance.--Assistance under this section shall
be considered as assistance under section 583(a) of the Foreign
Assistance Act of 1961 (relating to transit interdiction), as added by
section 301.

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CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998.
Section 303 of the Chemical Weapons Convention Implementation Act
of 1998 (22 U.S.C. 6723) is amended by adding at the end the following
new subsection:
``(c) Exception.--The requirement under subsection (b)(2)(A) shall
not apply to inspections of United States chemical weapons destruction
facilities (as used within the meaning of part IV(C)(13) of the
Verification Annex to the Convention).''.

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Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking ``$9,840,000'' and all that follows
through the period and inserting the following: ``$72,000,000 for
fiscal year 2001 and $73,000,000 for fiscal year 2002.''.
Subtitle A--Establishment of a National Security Assistance Strategy

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(a) Multiyear Plan.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter at the time of
submission of the congressional presentation materials of the foreign
operations appropriations budget request, the Secretary of State should
submit to the appropriate committees of Congress a plan setting forth a
National Security Assistance Strategy for the United States.
(b) Elements of the Strategy.--The National Security Assistance
Strategy should--
(1) set forth a multi-year plan for security assistance
programs;
(2) be consistent with the National Security Strategy of the
United States;
(3) be coordinated with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff;
(4) be prepared, in consultation with other agencies, as
appropriate;
(5) identify overarching security assistance objectives,
including identification of the role that specific security
assistance programs will play in achieving such objectives;
(6) identify a primary security assistance objective, as well
as specific secondary objectives, for individual countries;
(7) identify, on a country-by-country basis, how specific
resources will be allocated to accomplish both primary and
secondary objectives;
(8) discuss how specific types of assistance, such as foreign
military financing and international military education and
training, will be combined at the country level to achieve United
States objectives; and
(9) detail, with respect to each of the paragraphs (1) through
(8), how specific types of assistance provided pursuant to the Arms
Export Control Act and the Foreign Assistance Act of 1961 are
coordinated with United States assistance programs managed by the
Department of Defense and other agencies.
(c) Covered Assistance.--The National Security Assistance Strategy
should cover assistance provided under--
(1) section 23 of the Arms Export Control Act (22 U.S.C. 2763);
(2) chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.); and
(3) section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321i).
Subtitle B--Allocations for Certain Countries

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(a) Foreign Military Financing.--Of the amounts made available for
the fiscal years 2001 and 2002 under section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $30,300,000 for fiscal year 2001 and
$35,000,000 for fiscal year 2002 are authorized to be available on a
grant basis for all of the following countries: the Czech Republic,
Hungary, and Poland.
(b) Military Education and Training.--Of the amounts made available
for the fiscal years 2001 and 2002 to carry out chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.), $5,100,000
for fiscal year 2001 and $7,000,000 for fiscal year 2002 are authorized
to be available for all of the following countries: the Czech Republic,
Hungary, and Poland.
(c) Select Priorities.--In providing assistance under this section,
the President shall give priority to supporting activities that are
consistent with the objectives set forth in the following conditions of
the Senate resolution of ratification for the Protocols to the North
Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the
Czech Republic:
(1) Condition (1)(A)(v), (vi), and (vii), relating to common
threats, the core mission of NATO, and the capacity to respond to
common threats.
(2) Condition (1)(B), relating to the fundamental importance of
collective defense.
(3) Condition (1)(C), relating to defense planning, command
structures, and force goals.
(4) Conditions (4)(B)(i) and (4)(B)(ii), relating to
intelligence matters.

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(a) In General.--Of the amounts made available for the fiscal years
2001 and 2002 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,000,000 for fiscal year 2001 and $1,000,000 for fiscal
year 2002 are authorized to be available for Greece; and
(2) $2,500,000 for fiscal year 2001 and $2,500,000 for fiscal
year 2002 are authorized to be available for Turkey.
(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a) for fiscal
year 2002, $500,000 of each such amount should be available for
purposes of professional military education.
(c) Use for Joint Training.--It is the sense of the Congress that,
to the maximum extent practicable, amounts available under subsection
(a) that are used in accordance with subsection (b) should be used for
joint training of Greek and Turkish officers.

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(a) Definitions.--In this section:
(1) ESF assistance.--The term ``ESF assistance'' means
assistance under chapter 4 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346 et seq.), relating to the economic support
fund.
(2) Foreign military financing program.--The term ``Foreign
Military Financing Program'' means the program authorized by
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for each of the
fiscal years 2001 and 2002 for ESF assistance, the amount specified
in paragraph (2) for each such fiscal year is authorized to be made
available for Israel.
(2) Computation of amount.--Subject to subsection (d), the
amount referred to in paragraph (1) is equal to--
(A) the amount made available for ESF assistance for Israel
for the preceding fiscal year, minus
(B) $120,000,000.
(c) FMF Program.--
(1) In general.--Of the amount made available for each of the
fiscal years 2001 and 2002 for assistance under the Foreign
Military Financing Program, the amount specified in paragraph (2)
for each such fiscal year is authorized to be made available on a
grant basis for Israel.
(2) Computation of amount.--Subject to subsection (d), the
amount referred to in paragraph (1) is equal to--
(A) the amount made available for assistance under the
Foreign Military Financing Program for Israel for the preceding
fiscal year, plus
(B) $60,000,000.
(3) Disbursement of funds.--Funds authorized to be available
for Israel under subsection (b)(1) and paragraph (1) of this
subsection for fiscal year 2001 shall be disbursed not later than
30 days after the date of the enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2001, or October 31, 2000,
whichever date is later.
(4) Availability of funds for advanced weapons systems.--To the
extent the Government of Israel requests that funds be used for
such purposes, grants made available for Israel out of funds
authorized to be available under paragraph (1) for Israel for
fiscal year 2001 shall, as agreed by Israel and the United States,
be available for advanced weapons systems, of which not less than
$520,000,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development.
(d) Exclusion of Rescissions and Supplemental Appropriations.--For
purposes of this section, the computation of amounts made available for
a fiscal year shall not take into account any amount rescinded by an
Act or any amount appropriated by an Act making supplemental
appropriations for a fiscal year.

4c004c6c448631468731cec3f79e53752864f1b2c8531ec8bda46280f56e6d11

(a) Definitions.--In this section:
(1) ESF assistance.--The term ``ESF assistance'' means
assistance under chapter 4 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346 et seq.), relating to the economic support
fund.
(2) Foreign military financing program.--The term ``Foreign
Military Financing Program'' means the program authorized by
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(b) ESF Assistance.--
(1) In general.--Of the amounts made available for each of the
fiscal years 2001 and 2002 for ESF assistance, the amount specified
in paragraph (2) for each such fiscal year is authorized to be made
available for Egypt.
(2) Computation of amount.--Subject to subsection (d), the
amount referred to in paragraph (1) is equal to--
(A) the amount made available for ESF assistance for Egypt
during the preceding fiscal year, minus
(B) $40,000,000.
(c) FMF Program.--Of the amount made available for each of the
fiscal years 2001 and 2002 for assistance under the Foreign Military
Financing Program, $1,300,000,000 is authorized to be made available on
a grant basis for Egypt.
(d) Exclusion of Rescissions and Supplemental Appropriations.--For
purposes of this section, the computation of amounts made available for
a fiscal year shall not take into account any amount rescinded by an
Act or any amount appropriated by an Act making supplemental
appropriations for a fiscal year.
(e) Disbursement of Funds.--Funds estimated to be outlayed for
Egypt under subsection (c) during fiscal year 2001 shall be disbursed
to an interest-bearing account for Egypt in the Federal Reserve Bank of
New York within 30 days of the date of the enactment of this Act, or by
October 31, 2000, whichever is later, provided that--
(1) withdrawal of funds from such account shall be made only on
authenticated instructions from the Defense Finance and Accounting
Service of the Department of Defense;
(2) in the event such account is closed, the balance of the
account shall be transferred promptly to the appropriations account
for the Foreign Military Financing Program; and
(3) none of the interest accrued by such account should be
obligated unless the Committee on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the
House of Representatives are notified.

ebc8b3691e3fba4ee3779fd08a0e37b507af32ecd3988ab720f9a1a795cd1671

(a) Foreign Military Financing.--Of the amounts made available for
the fiscal years 2001 and 2002 under section 23 of the Arms Export
Control Act (22 U.S.C. 2763)--
(1) $18,200,000 for fiscal year 2001 and $20,500,000 for fiscal
year 2002 are authorized to be available on a grant basis for all
of the following countries: Estonia, Latvia, and Lithuania;
(2) $2,000,000 for fiscal year 2001 and $5,000,000 for fiscal
year 2002 are authorized to be available on a grant basis for the
Philippines;
(3) $4,500,000 for fiscal year 2001 and $5,000,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Georgia;
(4) $3,000,000 for fiscal year 2001 and $3,500,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Malta;
(5) $3,500,000 for fiscal year 2001 and $4,000,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Slovenia;
(6) $8,400,000 for fiscal year 2001 and $8,500,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Slovakia;
(7) $11,000,000 for fiscal year 2001 and $11,100,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Romania;
(8) $8,500,000 for fiscal year 2001 and $8,600,000 for fiscal
year 2002 are authorized to be available on a grant basis for
Bulgaria; and
(9) $100,000,000 for fiscal year 2001 and $105,000,000 for
fiscal year 2002 are authorized to be available on a grant basis
for Jordan.
(b) IMET.--Of the amounts made available for the fiscal years 2001
and 2002 to carry out chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $2,300,000 for fiscal year 2001 and $4,000,000 for fiscal
year 2002 are authorized to be available for all of the following
countries: Estonia, Latvia, and Lithuania;
(2) $1,400,000 for fiscal year 2001 and $1,500,000 for fiscal
year 2002 are authorized to be available for the Philippines;
(3) $475,000 for fiscal year 2001 and $1,000,000 for fiscal
year 2002 are authorized to be available for Georgia;
(4) $200,000 for fiscal year 2001 and $1,000,000 for fiscal
year 2002 are authorized to be available for Malta;
(5) $700,000 for fiscal year 2001 and $1,000,000 for fiscal
year 2002 are authorized to be available for Slovenia;
(6) $700,000 for fiscal year 2001 and $1,000,000 for fiscal
year 2002 are authorized to be available for Slovakia;
(7) $1,300,000 for fiscal year 2001 and $1,500,000 for fiscal
year 2002 are authorized to be available for Romania; and
(8) $1,100,000 for fiscal year 2001 and $1,200,000 for fiscal
year 2002 are authorized to be available for Bulgaria.

66e3de4a3062cfe85b5d60c0c61b2289a5ccc041caea2d5fcb8772236b370f25

(a) GUUAM Countries and Armenia.--For the purpose of carrying out
section 499C of the Foreign Assistance Act of 1961 and assisting GUUAM
countries and Armenia to strengthen national control of their borders
and to promote the independence and territorial sovereignty of such
countries, the following amounts are authorized to be made available
for fiscal years 2001 and 2002:
(1) $5,000,000 for fiscal year 2001 and $20,000,000 for fiscal
year 2002 are of the amounts made available under section 23 of the
Arms Export Control Act (22 U.S.C. 2763).
(2) $2,000,000 for fiscal year 2001 and $10,000,000 for fiscal
year 2002 of the amounts made available under chapter 9 of part II
of the Foreign Assistance Act of 1961, as added by section 301.
(3) $500,000 for fiscal year 2001 and $5,000,000 for fiscal
year 2002 of the amounts made available to carry out chapter 5 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.).
(4) $1,000,000 for fiscal year 2001 and $2,000,000 for fiscal
year 2002 of the amounts made available to carry out chapter 8 of
part II of the Foreign Assistance Act.
(b) GUUAM Countries Defined.--In this section, the term ``GUUAM
countries'' means the group of countries that signed a protocol on
quadrilateral cooperation on November 25, 1997, together with
Uzbekistan.

2e7dac486cf146b911b752efe4a7da1e0724426e96601d315c0835bea575d296

COUNTRIES.
(a) Brazil.--The President is authorized to transfer to the
Government of Brazil two ``THOMASTON'' class dock landing ships ALAMO
(LSD 33) and HERMITAGE (LSD 34), and four ``GARCIA'' class frigates
BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048) and ALBERT
DAVID (FF 1050). Such transfers shall be on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Chile.--The President is authorized to transfer to the
Government of the Chile two ``OLIVER HAZARD PERRY'' class guided
missile frigates WADSWORTH (FFG 9), and ESTOCIN (FFG 15). Such
transfers shall be on a combined lease-sale basis under sections 61 and
21 of the Arms Export Control Act (22 U.S.C. 2796, 2761).
(c) Greece.--The President is authorized to transfer to the
Government of Greece two ``KNOX'' class frigates VREELAND (FF 1068),
and TRIPPE (FF 1075). Such transfers shall be on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Turkey.--The President is authorized to transfer to the
Government of Turkey two ``OLIVER HAZARD PERRY'' class guided missile
frigates JOHN A. MOORE (FFG 19), and FLATLEY (FFG 21). Such transfers
shall be on a combined lease-sale basis under sections 61 and 21 of the
Arms Export Control Act (22 U.S.C. 2796, 2761). The authority granted
by this subsection is in addition to that granted under section
1018(a)(9) of Public Law 106-65.

19fe1e70a290c6bda6703d6530b5002f2711e1dbf36f67c2b357da0904390f15

TRANSFERRED EXCESS DEFENSE ARTICLES.
The value of naval vessels authorized under section 601 to be
transferred on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) shall not be included in the
aggregate annual value of transferred excess defense articles which is
subject to the aggregate annual limitation set forth in section 516(g)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).

d63ad480872a42d8c7010078865b4e55b17a12169af305b864e1c0af7dbcb19b

Any expense of the United States in connection with a transfer
authorized by this title shall be charged to the recipient.

215eb45808bc74f14f78206b1104083956265119a13a7ee99a8903b0050d17a2

A transfer of a vessel on a combined lease-sale basis authorized by
section 601 shall be made in accordance with the following
requirements:
(1) The President may initially transfer the vessel by lease,
with lease payments suspended for the term of the lease, if the
country entering into the lease for the vessel simultaneously
enters into a foreign military sales agreement for the transfer of
title to the vessel.
(2) The President may not deliver to the purchasing country
title to the vessel until the purchase price of the vessel under
such a foreign military sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a
sales agreement and delivery of title to the recipient country, the
President shall terminate the lease.
(4) If the purchasing country fails to make full payment of the
purchase price in accordance with the sales agreement by the date
required under the sales agreement--
(A) the sales agreement shall be immediately terminated;
(B) the suspension of lease payments under the lease shall
be vacated; and
(C) the United States shall be entitled to retain all funds
received on or before the date of the termination under the
sales agreement, up to the amount of the lease payments due and
payable under the lease and all other costs required by the
lease to be paid to that date.
(5) If a sales agreement is terminated pursuant to paragraph
(4), the United States shall not be required to pay any interest to
the recipient country on any amount paid to the United States by
the recipient country under the sales agreement and not retained by
the United States under the lease.

d40aa3e2fb7c97d978b1a820820b060f83cdb8f95cf1e7ac41871a203a3e5b53

There are authorized to be appropriated to the Defense Vessels
Transfer Program Account such funds as may be necessary to cover the
costs (as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a)) of the lease-sale transfers authorized by section
601. Funds authorized to be appropriated under the preceding sentence
for the purpose described in that sentence may not be available for any
other purpose.

b5c4ba2d8826064711efbceeed4f07bbd606636410454e69d6e4403087e139d9

To the maximum extent practicable, the President shall require, as
a condition of the transfer of a vessel under section 601, that the
country to which the vessel is transferred will have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.

c9d56a0bd6eb5b35af461041f806937cf6c68e9f8556f8a86f80d72351d8b675

A GRANT BASIS.
It is the sense of the Congress that naval vessels authorized under
section 601 to be transferred to foreign countries on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) should be so transferred only if the United States receives
appropriate benefits from such countries for transferring the vessel on
a grant basis.

3415ac547af05c4d06d041d9ad9f4622701b0761f54fcf919d35b18b93e271c2

The authority granted by section 601 shall expire 2 years after the
date of the enactment of this Act.

784a28667810658563da31d4d15f61ae622d1439f93271cd947c09bf088e24c1

Section 502 of the Foreign Assistance Act of 1961 (22 U.S.C. 2302)
is amended in the first sentence by inserting ``(including for
antiterrorism and nonproliferation purposes)'' after ``internal
security''.

e6d356e2aeea32c834747215cb3e563581ecfe9c7ea5ec7c56391da341fadf3d

Section 655(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2415(b)(3)) is amended by inserting before the period at the end the
following: ``and, if so, a specification of those defense articles that
were exported during the fiscal year covered by the report''.

a9a7ac1007f10279e55690d484f98564a56461ca08fab01c5d19b64d1f1208af

MONITORING PROGRAM.
Not later than 180 days after the date of the enactment of this
Act, the President shall prepare and transmit to the appropriate
committees of Congress a report that contains a summary of the status
of the efforts of the Defense Security Cooperation Agency to implement
the End-Use Monitoring Enhancement Plan relating to government-to-
government transfers of defense articles, defense services, and related
technologies.

6a08a32b6bb3cae5a9e281179cd9157a11b8fdf9de06eae326689a151fe0ead1

For purposes of section 71(d) of the Arms Export Control Act (22
U.S.C. 2797(d)), the requirement that reports under that section shall
be transmitted to the Congress shall be considered to be a requirement
that such reports shall be transmitted to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Banking, Housing
and Urban Affairs of the Senate.

83fed250ad3b28a1c0518f6b02b743035b4ec77119b9e703774f34fb4f138069

(a) Prohibition.--Notwithstanding any other provision of law and
except as provided in subsection (b), the United States may not sell or
otherwise make available under the Arms Export Control Act or chapter 2
of part II of the Foreign Assistance Act of 1961 any Stinger ground-to-
air missiles to any country bordering the Persian Gulf.
(b) Additional Transfers Authorized.--In addition to other defense
articles authorized to be transferred by section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
1990, the United States may sell or make available, under the Arms
Export Control Act or chapter 2 of part II of the Foreign Assistance
Act of 1961, Stinger ground-to-air missiles to any country bordering
the Persian Gulf in order to replace, on a one-for-one basis, Stinger
missiles previously furnished to such country if the Stinger missiles
to be replaced are nearing the scheduled expiration of their shelf-
life.

34095d75b3c96f8bfd6744cd39887a3f23fd985ee3c0271f07ca2a9bab3217ad

It is the sense of the Congress that the President should make
expanded use of the authority provided under section 21(a) of the Arms
Export Control Act to sell excess defense articles by utilizing the
flexibility afforded by section 47 of such Act to ascertain the
``market value'' of excess defense articles.

c753afc7795cbee65e63b556afdbf79783bdc8569206d7375a6a60a0fb3ddc18

(a) Uses for Which Funds Are Available.--Notwithstanding section
516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
during the fiscal years 2001 and 2002, funds available to the
Department of Defense may be expended for crating, packing, handling,
and transportation of excess defense articles transferred under the
authority of section 516 of that Act to Mongolia.
(b) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (a) shall include an estimate
of the amount of funds to be expended under subsection (a) with respect
to that transfer.

5f752bccaa44c30647123e1908069bf9870a311d486bbb08b4fbb847fd0fdfe7

(a) Annual Certification.--
(1) Requirement.--The President shall submit each year to the
appropriate committees of Congress, with respect to each Russian
person described in paragraph (2), a certification that the reports
required to be submitted to Congress during the preceding calendar
year under section 2 of the Iran Nonproliferation Act of 2000
(Public Law 106-178) do not identify that person on account of a
transfer to Iran of goods, services, or technology described in
section 2(a)(1)(B) of such Act.
(2) Applicability.--The certification requirement under
paragraph (1) applies with respect to each Russian person that, as
of the date of the certification, is a party to an agreement
relating to commercial cooperation on MTCR equipment or technology
with a United States person pursuant to an arms export license that
was issued at any time since January 1, 2000.
(3) Exemption.--No activity or transfer which specifically has
been the subject of a Presidential determination pursuant to
section 5(a)(1), (2), or (3) of the Iran Nonproliferation Act of
2000 (Public Law 106-178) shall cause a Russian person to be
considered as having been identified in the reports submitted
during the preceding calendar year under section 2 of that Act for
the purposes of the certification required under paragraph (1).
(4) Commencement and termination of requirement.--
(A) Times for submission.--The President shall submit--
(i) the first certification under paragraph (1) not
later than 60 days after the date of the enactment of this
Act; and
(ii) each annual certification thereafter on the
anniversary of the first submission.
(B) Termination of requirement.--No certification is
required under paragraph (1) after termination of cooperation
under the specific license, or 5 years after the date on which
the first certification is submitted, whichever is the earlier
date.
(b) Termination of Existing Licenses.--If, at any time after the
issuance of a license under section 36(c) of the Arms Export Control
Act relating to the use, development, or co-production of commercial
rocket engine technology with a foreign person, the President
determines that the foreign person has engaged in any action described
in section 73(a)(1) of the Arms Export Control Act (22 U.S.C.
2797b(a)(1)) since the date the license was issued, the President may
terminate the license.
(c) Report on Export Licensing of MTCR Items Under $50,000,000.--
Section 71(d) of the Arms Export Control Act (22 U.S.C. 2797(d)) is
amended by striking ``Within 15 days'' and all that follows through
``MTCR Annex,'' and inserting ``Within 15 days after the issuance of a
license (including any brokering license) for the export of items
valued at less than $50,000,000 that are controlled under this Act
pursuant to United States obligations under the Missile Technology
Control Regime and are goods or services that are intended to support
the design, utilization, development, or production of a space launch
vehicle system listed in Category I of the MTCR Annex,''.
(d) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 74(7) of the Arms Export Control
Act (22 U.S.C. 2797c(7)).
(2) MTCR equipment or technology.--The term ``MTCR equipment or
technology'' has the meaning given the term in section 74(5) of the
Arms Export Control Act (22 U.S.C. 2797c(5)).
(3) Person.--The term ``person'' has the meaning given the term
in section 74(8) of the Arms Export Control Act (22 U.S.C.
2797c(8)).
(4) United states person.--The term ``United States person''
has the meaning given the term in section 74(6) of the Arms Export
Control Act (22 U.S.C. 2797c(6)).

7f08c511c4b3fdc99101a178efde11daad6d5e5df3a8940622fadccd872519b3

PHILIPPINES.
(a) In General.--It is the sense of the Congress that the United
States Government should work with the Government of the Philippines to
enable that Government to procure military equipment that can be used
to upgrade the capabilities and to improve the quality of life of the
armed forces of the Philippines.
(b) Military Equipment.--Military equipment described in subsection
(a) should include--
(1) naval vessels, including amphibious landing crafts, for
patrol, search-and-rescue, and transport;
(2) F-5 aircraft and other aircraft that can assist with
reconnaissance, search-and-rescue, and resupply;
(3) attack, transport, and search-and-rescue helicopters; and
(4) vehicles and other personnel equipment.

587ee6eb27e410469981f122ec0ddc446066ad864594ff66dcb52a031b20be00

Notwithstanding any other provision of law, the President may waive
the requirement to impose an appropriate charge for a proportionate
amount of any nonrecurring costs of research, development, and
production under section 21(e)(1)(B) of the Arms Export Control Act (22
U.S.C. 2761(e)(1)(B)) for the November 1999 sale of five UH-60L
helicopters to the Republic of Colombia in support of counternarcotics
activities.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

155d527e5eb331d445615e04b721a145be1d70085cb7726870c99345410ef8ef

Defense and Security Assistance Act of 2000 — HR. 4919

Other Sections