I

107TH CONGRESS

1ST SESSION H. R. 1898

To amend the Arms Export Control Act to update the export licensing

requirements under that Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. FLAKE introduced the following bill; which was referred to the Committee

on International Relations

A BILL

To amend the Arms Export Control Act to update the export

licensing requirements under that Act, 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 ‘‘International Com5 merce Enhancement Act’’.

6 SEC. 2. REFERENCES.

7 Except as otherwise specifically provided in this Act,

8 whenever in this Act an amendment or repeal is expressed

9 as the amendment or repeal of a section or other provision,

10 the reference shall be considered to be made to a section
2

•HR 1898 IH

1 or other provision of the Arms Export Control Act (22

2 U.S.C. 2751 et seq.).

3 SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJEC4 TIVES AND RESTRAINTS.

5 (a) VALUE OF DEFENSE ARTICLES AND SERVICES.—

6 Section 3(d) (22 U.S.C. 2753(d)) is amended in para7 graphs (1) and (3)(A)—

8 (1) by striking ‘‘$14,000,000’’ each place it ap9 pears and inserting ‘‘$25,000,000’’; and

10 (2) by striking ‘‘$50,000,000’’ each place it ap11 pears and inserting ‘‘$85,000,000’’.

12 (b) TRANSFERS WITH RESPECT TO NATO AND

13 MAJOR NON-NATO COUNTRIES.—Section 3(d) (22

14 U.S.C. 2753(d)) is amended—

15 (1) in paragraph (2)—

16 (A) in subparagraph (A), by striking ‘‘Ex17 cept as provided in subparagraph (B), unless’’

18 and inserting ‘‘Unless’’; and

19 (ii) in subparagraph (B) to read as

20 follows:

21 ‘‘(B) Subparagraph (A) shall not apply in the case

22 of a proposed transfer to the North Atlantic Treaty Orga23 nization, or any member country of such Organization,

24 Japan, Australia, or New Zealand.’’; and
3

•HR 1898 IH

1 (iii) in subparagraph (C), by striking

2 ‘‘or (B)’’; and

3 (2) in paragraph (3)—

4 (A) in the second sentence of subpara5 graph (A), by striking ‘‘shall be submitted’’ and

6 all that follows through ‘‘unless the President’’

7 and inserting ‘‘shall be submitted at least 30

8 calendar days before such consent is given in

9 the case of a transfer to a country other than

10 a country which is a member of the North At11 lantic Treaty Organization, Japan, Australia, or

12 New Zealand, unless the President’’;

13 (B) in the third sentence of subparagraph

14 (A), by striking ‘‘(thus waiving the require15 ments of clause (i) or (ii), as the case may be,

16 and of subparagraph (B))’’; and

17 (C) in subparagraph (B)—

18 (i) by striking ‘‘15-day or’’; and

19 (ii) by striking ‘‘subparagraph (A)(i)

20 or (ii), as the case may be,’’ and inserting

21 ‘‘subparagraph (A)’’.

22 SEC. 4. MILITARY EXPORT CONTROLS.

23 (a) VALUE OF DEFENSE ARTICLES AND SERVICES.—

24 Section 36 (22 U.S.C. 2776) is amended in the first sen25 tence of subsections (b)(1) and (c)(1)—
4

•HR 1898 IH

1 (1) by striking ‘‘$14,000,000’’ each place it ap2 pears and inserting ‘‘$25,000,000’’; and

3 (2) by striking ‘‘$50,000,000’’ each place it ap4 pears and inserting ‘‘$85,000,000’’.

5 (b) TRANSFERS WITH RESPECT TO NATO AND

6 MAJOR NON-NATO COUNTRIES.—Section 36 (22 U.S.C.

7 2776) is amended—

8 (1) in subsection (b)—

9 (A) in the matter following subparagraph

10 (P) of paragraph (1), by striking ‘‘proposed

11 sale to the North Atlantic Treaty Organization,

12 any member country of such Organization,

13 Japan, Australia, or New Zealand, if the Con14 gress, within fifteen calendar days after receiv15 ing such certification, or with respect to a pro16 posed sale to any other country or organiza17 tion,’’ and inserting ‘‘proposed sale to a country

18 other than a country which is a member of the

19 North Atlantic Treaty Organization, Japan,

20 Australia, or New Zealand, or to any other or21 ganization,’’; and

22 (B) in paragraph (2), strike ‘‘, except that

23 for purposes of consideration of any joint reso24 lution’’ and all that follows through ‘‘its intro25 duction’’;
5

•HR 1898 IH

1 (2) in subsection (c)(2)—

2 (A) in subparagraph (A)—

3 (i) by striking ‘‘the North Atlantic

4 Treaty Organization, any member country

5 of that Organization, Japan, Australia, or

6 New Zealand’’ and inserting ‘‘a country

7 other than a country which is a member of

8 the North Atlantic Treaty Organization,

9 Japan, Australia, or New Zealand, or to

10 any other organization’’;

11 (ii) by striking ‘‘15’’ each place it ap12 pears and inserting ‘‘30’’; and

13 (iii) by adding ‘‘and’’ at the end;

14 (B) in subparagraph (B), by striking ‘‘;

15 and’’ and inserting a period; and

16 (C) by striking subparagraph (C); and

17 (3) in subsection (d)—

18 (A) in paragraph (2), by striking ‘‘shall be

19 submitted’’ and all that follows through ‘‘unless

20 the President’’ and inserting ‘‘shall be sub21 mitted at least 30 days before approval is given

22 in the case of an agreement for or in a country

23 other than a country which is a member of the

24 North Atlantic Treaty Organization, Japan,
6

•HR 1898 IH

1 Australia, or New Zealand, unless the Presi2 dent’’; and

3 (B) in paragraph (4)—

4 (i) by striking ‘‘15-day or’’; and

5 (ii) by striking ‘‘paragraph (2)(A) or

6 (B), as the case may be,’’ and inserting

7 ‘‘paragraph (2)’’.

8 (c) LICENSE APPLICATIONS FOR COMMERCIAL

9 SALES.—Section 36(c)(1) (22 U.S.C. 2776(c)(1)) is

10 amended in the first sentence by striking ‘‘sold under a

11 contract’’ each place it appears and inserting ‘‘to be sold

12 under a contract, proposed contract, or formal proposal

13 of sale’’.

14 SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHOR15 ITY FOR COOPERATIVE RESEARCH AND DE16 VELOPMENT PURPOSES.

17 (a) VALUE OF DEFENSE ARTICLES.—Section 63(a)

18 (22 U.S.C. 2796b(a)) is amended—

19 (1) by striking ‘‘$14,000,000’’ and inserting

20 ‘‘$25,000,000’’; and

21 (2) by striking ‘‘$50,000,000’’ and inserting

22 ‘‘$85,000,000’’.

23 (b) TRANSFERS WITH RESPECT TO NATO AND

24 MAJOR NON-NATO COUNTRIES.—Chapter 6 (22 U.S.C.

25 2796) is amended—
7

•HR 1898 IH

1 (1) in section 62(c), by striking ‘‘shall be trans2 mitted’’ and all that follows through ‘‘organization

3 or country’’ and inserting ‘‘shall be transmitted not

4 less than 30 calendar days before the agreement is

5 entered into or renewed in the case of an agreement

6 with a country other than a country which is a mem7 ber of the North Atlantic Treaty Organization,

8 Japan, Australia, or New Zealand, or any other or9 ganization’’; and

10 (2) in section 63(a)—

11 (A) by striking ‘‘15-day or’’; and

12 (B) by striking ‘‘section 62(c) (1) or (2),

13 as the case may be,’’ and inserting ‘‘section

14 62(c)’’.

Æ