I 

111TH CONGRESS 

1ST SESSION H. R. 3840 

To strengthen certain provisions relating to arms export licenses, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 15, 2009 

Mr. RUPPERSBERGER (for himself and Mr. THORNBERRY) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To strengthen certain provisions relating to arms export 

licenses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Amer5 ica’s Satellite Industry Act’’. 

6 SEC. 2. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL 

7 AND INTERNATIONAL ARMS EXPORT CON8 TROLS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the President should redouble United States 


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1 diplomatic efforts to strengthen national and international 

2 arms export controls by establishing a senior-level initia3 tive to ensure that those arms export controls are com4 parable to and supportive of United States arms export 

5 controls, particularly with respect to countries of concern 

6 to the United States. 

7 (b) REPORT.—Not later than 1 year after the date 

8 of the enactment of this Act, and annually thereafter for 

9 4 years, the President shall transmit to the Committee on 

10 Foreign Affairs of the House of Representatives and the 

11 Committee on Foreign Relations of the Senate a report 

12 on United States diplomatic efforts described in subsection 

13 (a). 

14 SEC. 3. REPORTING REQUIREMENT FOR UNLICENSED EX15 PORTS. 

16 Section 655(b) of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2415(b)) is amended— 

18 (1) in paragraph (2), by striking ‘‘or’’ at the 

19 end; 

20 (2) in paragraph (3), by striking the period at 

21 the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(4) were exported without a license under sec24 tion 38 of the Arms Export Control Act (22 U.S.C. 

25 2778) pursuant to an exemption established under 


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1 the International Traffic in Arms Regulations, other 

2 than defense articles exported in furtherance of a 

3 letter of offer and acceptance under the Foreign 

4 Military Sales program or a technical assistance or 

5 manufacturing license agreement, including the spe6 cific exemption provision in the regulation under 

7 which the export was made.’’. 

8 SEC. 4. REPORT ON VALUE OF MAJOR DEFENSE EQUIP9 MENT AND DEFENSE ARTICLES EXPORTED 

10 UNDER SECTION 38 OF THE ARMS EXPORT 

11 CONTROL ACT. 

12 Section 38 of the Arms Export Control Act (22 

13 U.S.C. 2778) is amended by adding at the end the fol14 lowing: 

15 ‘‘(k) REPORT.— 

16 ‘‘(1) IN GENERAL.—The President shall trans17 mit to the Committee on Foreign Affairs of the 

18 House of Representatives and the Committee on 

19 Foreign Relations of the Senate a report that con20 tains a detailed listing, by country and by inter21 national organization, of the total dollar value of 

22 major defense equipment and defense articles ex23 ported pursuant to licenses authorized under this 

24 section for the previous fiscal year. 


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1 ‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re2 port required by this subsection shall be included in 

3 the supporting information of the annual budget of 

4 the United States Government required to be sub5 mitted to Congress under section 1105 of title 31, 

6 United States Code.’’. 

7 SEC. 5. AUTHORITY TO REMOVE SATELLITES AND RELATED 

8 COMPONENTS FROM THE UNITED STATES 

9 MUNITIONS LIST. 

10 (a) AUTHORITY.—Except as provided in subsection 

11 (b) and subject to subsection (d), the President is author12 ized to remove satellites and related components from the 

13 United States Munitions List, consistent with the proce14 dures in section 38(f) of the Arms Export Control Act (22 

15 U.S.C. 2778(f)). 

16 (b) EXCEPTION.—The authority of subsection (a) 

17 may not be exercised with respect to any satellite or re18 lated component that may, directly or indirectly, be trans19 ferred to, or launched into outer space by, the People’s 

20 Republic of China. 

21 (c) UNITED STATES MUNITIONS LIST.—In this sec22 tion, the term ‘‘United States Munitions List’’ means the 

23 list referred to in section 38(a)(1) of the Arms Export 

24 Control Act (22 U.S.C. 2778(a)(1)). 


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1 (d) EFFECTIVE DATE.—The President may not exer2 cise the authority provided in this section before the date 

3 that is 90 days after the date of the enactment of this 

4 Act. 

5 SEC. 6. REVIEW AND REPORT OF INVESTIGATIONS OF VIO6 LATIONS OF SECTION 3 OF THE ARMS EX7 PORT CONTROL ACT. 

8 (a) REVIEW.—The Inspector General of the Depart9 ment of State shall conduct a review of investigations by 

10 the Department of State during each of fiscal years 2010 

11 through 2014 of any and all possible violations of section 

12 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

13 respect to misuse of United States-origin defense items to 

14 determine whether the Department of State has fully com15 plied with the requirements of such section, as well as its 

16 own internal procedures (and whether such procedures are 

17 adequate), for reporting to Congress any information re18 garding the unlawful use or transfer of United States-ori19 gin defense articles, defense services, and technology by 

20 foreign countries, as required by such section. 

21 (b) REPORT.—The Inspector General of the Depart22 ment of State shall submit to the Committee on Foreign 

23 Affairs of the House of Representatives and the Com24 mittee on Foreign Relations of the Senate for each of fis25 cal years 2010 through 2014 a report that contains the 


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1 findings and results of the review conducted under sub2 section (a). The report shall be submitted in unclassified 

3 form to the maximum extent possible, but may include a 

4 classified annex. 

5 SEC. 7. REPORT ON SELF-FINANCING OPTIONS FOR EX6 PORT LICENSING FUNCTIONS OF DDTC OF 

7 THE DEPARTMENT OF STATE. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Secretary of State shall submit to 

10 the Committee on Foreign Affairs of the House of Rep11 resentatives and the Committee on Foreign Relations of 

12 the Senate a report on possible mechanisms to place the 

13 export licensing functions of the Directorate of Defense 

14 Trade Controls of the Department of State on a 100 per15 cent self-financing basis. 

Æ 


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