I 
110TH CONGRESS 
1ST SESSION H. R. 4246 
To improve the performance of the defense trade controls functions of the 
Department of State, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2007 
Mr. SHERMAN (for himself, Mr. MANZULLO, Mr. CROWLEY, and Mr. BLUNT) 
introduced the following bill; which was referred to the Committee on 
Foreign Affairs 
A BILL 
To improve the performance of the defense trade controls 
functions of the Department of State, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Defense Trade Controls Performance Improvement Act 
of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings. 
Sec. 3. Strategic review and assessment of the United States export controls 
system. 
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Sec. 4. Performance requirements in the processing of applications for licenses 
to export or import items on the United States Munitions List. 
Sec. 5. Requirement to ensure adequate staff and resources for the Directorate 
of Defense Trade Controls of the Department of State. 
Sec. 6. Audit by Government Accountability Office. 
Sec. 7. Increased flexibility for use of defense trade controls registration fees. 
Sec. 8. Increased transparency through publication of licensing information. 
Sec. 9. Control of items on Missile Technology Control Regime Annex. 
Sec. 10. Waiver of licensing requirements for spare and replacement parts or 
components and related services of defense items for exports to 
NATO member states, Australia, Japan, and New Zealand. 
Sec. 11. Availability of information on the status of license applications under 
chapter 3 of the Arms Export Control Act. 
Sec. 12. Export controls of civil aircraft products. 
Sec. 13. Definitions. 
Sec. 14. Authorization of appropriations. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In a time of international terrorist threats 
and a dynamic global economic and security environ-
ment, United States policy with regard to export 
controls is in urgent need of a comprehensive review 
in order to ensure such controls are protecting the 
national security and foreign policy interests of the 
United States. 
(2) In January 2007, the Government Account-
ability Office designated the effective identification 
and protection of critical technologies as a govern-
ment wide, high-risk area, warranting a strategic re- 
examination of existing programs to include those 
relating to arms export controls. 
(3) Federal Government agencies must review 
licenses for the export of munitions and dual-use 
items in a thorough and timely manner to ensure 
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that the United States is able to help its allies and 
to prevent nuclear and conventional weapons from 
getting into the hands of our enemies. 
(4) A Government Accountability Office report 
of October 9, 2001 (GAO–02–120), documented am-
biguous export control jurisdiction affecting 25 per-
cent of the items that the United States Government 
agreed to control as part of its commitments to the 
Missile Technology Control Regime. More than 6 
years later, the Departments of Commerce and State 
have not clearly determined which department has 
jurisdiction over these items, which increases the 
risk that these items will fall into the wrong hands. 
During both the 108th and 109th Congresses, the 
House of Representatives passed legislation man-
dating that the Administration clarify this issue. 
(5) Both the staffing and funding that relate to 
the Department of State’s arms export control re-
sponsibilities have not kept pace with the increased 
workload relating to such responsibilities, especially 
over the last five years. 
(6) In the report to Congress required by the 
Conference Report (Report 109–272) accompanying 
the bill, H.R. 2862 (the Science, State, Justice, 
Commerce and Related Agencies Appropriations Act, 
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2006; Public Law 109–108), the Department of 
State concluded that— 
(A) defense trade licensing has become 
much more complex in recent years as a con-
sequence of the increasing globalization of the 
defense industry; 
(B) the most important challenge to the 
Department of State’s licensing process has 
been the sheer growth in volume of applicants 
for licenses and agreements, without the cor-
responding increase in licensing officers; 
(C) fiscal year 2005 marked the third 
straight year of roughly 8 percent annual in-
creases in licensing volume; 
(D) although an 8 percent increase in 
workload equates to a requirement for three ad-
ditional licensing officers per year, there has 
been no increase in licensing officers during this 
period; and 
(E) the increase in licensing volume with-
out corresponding increase in trained and expe-
rienced personnel has resulted in delays and in-
creased processing times. 
(7) In 2006, the Department of State processed 
over three times as many licensing applications as 
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the Department of Commerce with about a fifth of 
the staff of the Department of Commerce. 
(8) On July 27, 2007, in testimony delivered to 
the Subcommittee on Terrorism, Nonproliferation 
and Trade of the House Committee on Foreign Af-
fairs to examine the effectiveness of the United 
States export control regime, the Government Ac-
countability Office found that— 
(A) 
despite 
the 
existence 
of 
known 
vulnerabilities, neither the Departments of 
Commerce and State have conducted assess-
ments to determine their overall effectiveness in 
the area of arms export control; 
(B) the initiatives of the Department of 
State to facilitate defense trade by reducing the 
time it takes to process export license applica-
tions have generally not been successful; and 
(C) the processing times of the Depart-
ment of State doubled over the period from 
2002 to 2006. 
(9) At the end of 2006, the Department of 
State’s backlog or open license applications reached 
its highest level by exceeding 10,000 cases. This re-
sulted in major management and personnel chal-
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lenges for the Department of State’s Directorate of 
Defense Trade Controls. 
(10) Allowing a continuation of the status quo 
in resources for defense trade licensing could ulti-
mately harm the United States defense industrial 
base. The 2007 Institute for Defense Analysis report 
entitled ‘‘Export Controls and the U.S. Defense In-
dustrial Base’’ found that the large backlog and long 
processing times for Department of State processed 
licenses led to an impairment of United States firms 
in some sectors to conduct global business relative to 
foreign competitors. Additionally, the report found 
that United States commercial firms have been re-
luctant to engage in research and development ac-
tivities for the Department of Defense because this 
raises the future prospects that the products based 
on this research and development, even if intrinsi-
cally commercial, will be saddled by Department of 
State munitions controls due to the link to that re-
search. 
(11) According to the Department of State’s 
fiscal year 2008 budget justification to Congress, 
commercial exports licensed or approved under the 
Arms 
Export 
Control 
Act 
exceeded 
$30,000,000,000, with nearly eighty percent of these 
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items exported to United States NATO allies and 
other major non-NATO allies. The inability of Fed-
eral Government agencies to properly assess and cat-
egorize United States manufactured goods in a time-
ly and consistent manner hinders legitimate trade 
and exacerbates the United States merchandise 
trade deficit, which reached $836,000,000,000 in 
2006. 
(12) The failure on the part of the Depart-
ments of Commerce and State to assess the overall 
effectiveness of their export controls, combined with 
the lack of resources dedicated to these efforts at 
the Department of State, raises serious national and 
economic security concerns for the United States 
that must be addressed expeditiously. 
SEC. 3. STRATEGIC REVIEW AND ASSESSMENT OF THE 
UNITED STATES EXPORT CONTROLS SYSTEM. 
(a) ASSESSMENT.—The Secretary of State, in coordi-
nation with the heads of other Federal agencies (including 
relevant law enforcement agencies), as appropriate, shall 
conduct a comprehensive and systematic review and as-
sessment of the United States export controls system in 
the context of the strategic foreign policy objectives of the 
United States. Such review and assessment shall deter-
mine the overall effectiveness of the United States export 
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controls system in order to, where appropriate, strengthen 
controls, improve efficiency, and reduce unnecessary 
redundancies 
across 
Federal 
Government 
agencies, 
through administrative actions, including regulations, and 
to formulate legislative proposals for new authorities that 
are needed. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port that contains the results of the review and assessment 
conducted under subsection (a). 
(c) CONGRESSIONAL BRIEFINGS.—At the time the 
report required by subsection (b) is submitted to the ap-
propriate congressional committees in accordance with 
such subsection, the Secretary of State (or the Secretary’s 
designee) shall brief the chairmen and ranking members 
of the appropriate congressional committees on the mat-
ters contained in the report. 
SEC. 4. PERFORMANCE REQUIREMENTS IN THE PROC-
ESSING OF APPLICATIONS FOR LICENSES TO 
EXPORT OR IMPORT ITEMS ON THE UNITED 
STATES MUNITIONS LIST. 
(a) REQUIREMENTS.—The Secretary of State, acting 
through the Directorate of Defense Trade Controls of the 
Department of State, shall ensure that— 
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(1) the average processing time for review and 
issuance or denial of applications for licenses to ex-
port or import items on the United States Munitions 
List that are not subject to the requirements of sub-
section (b) or (c) of section 36 of the Arms Export 
Control Act (22 U.S.C. 2776)— 
(A) to countries that are member states of 
the 
North 
Atlantic 
Treaty 
Organization 
(NATO), Australia, Israel, Japan, and New 
Zealand is not more than 20 days from receipt 
of application; 
(B) to countries that are major non– 
NATO allies (other than major non-NATO al-
lies described in subparagraph (A)) is not more 
than 30 days from receipt of application; and 
(C) to other eligible countries is not more 
than 60 days from receipt of application; and 
(2) prior to consultation with the appropriate 
congressional committees, the average processing 
time for review of applications for licenses to export 
or import items on the United States Munitions List 
that are subject to the requirements of subsection 
(b) or (c) of section 36 of the Arms Export Control 
Act (22 U.S.C. 2776)— 
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(A) to countries that are member states of 
the 
North 
Atlantic 
Treaty 
Organization 
(NATO), Australia, Israel, Japan, and New 
Zealand is not more than 40 days from receipt 
of application; 
(B) to countries that are major non– 
NATO allies (other than major non-NATO al-
lies described in subparagraph (A)) is not more 
than 60 days from receipt of application; and 
(C) to other eligible countries is not more 
than 120 days from receipt of application; 
(3) the average processing time for review and 
determinations of commodity jurisdiction requests is 
not more than 60 days; 
(4) the average processing time for review and 
determinations of technical assistance agreements is 
not more than 120 days; 
(5) at no time does the Directorate of Defense 
Trade Controls have more than 2,000 open applica-
tions for licenses to export or import items on the 
United States Munitions List; and 
(6) applications for licenses to export or import 
items on the United States Munitions List that are 
returned without action or denied are periodically re-
viewed by the Managing Director of the Directorate 
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of Defense Trade Controls to ensure such decisions 
are consistent with both policy and regulatory re-
quirements of the Department of State. 
(b) STATEMENT OF POLICY.—Congress states that it 
shall be the policy of the Directorate of Defense Trade 
Controls of the Department of State to ensure that, to 
the maximum extent practicable, the average processing 
time for review and issuance or denial of applications for 
licenses to export or import items on the United States 
Munitions List that are not subject to the requirements 
of subsection (b) or (c) of section 36 of the Arms Export 
Control Act (22 U.S.C. 2776) to United States NATO al-
lies and major non-NATO allies in direct support of com-
bat operations or peacekeeping or humanitarian oper-
ations with United States Armed Forces is not more than 
seven calendar days from receipt of application. 
(c) DETERMINATION
OF
AVERAGE
PROCESSING 
TIME.—The Secretary of State shall determine the aver-
age processing times established under subsections (a) and 
(b) on the basis of the volume of applications received by 
the Directorate of Defense Trade Controls during the im-
mediately preceding 6-month period. 
(d) CONGRESSIONAL BRIEFINGS.—If, at the end of 
any month— 
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(1) the average processing times for review and 
issuance or denial of applications for licenses to ex-
port or import items under any category of the 
United States Munitions List is in excess of the 
times specified in subparagraphs (A), (B), and (C) 
of paragraphs (1) and (2) of subsection (a), 
(2) the average processing time for review and 
determinations of commodity jurisdiction requests is 
more than 60 days as described in subsection (a)(3), 
or 
(3) the Directorate of Defense Trade Controls 
has more than 2,000 open applications as described 
in subsection (a)(5), 
the Secretary of State, acting through the Undersecretary 
for Arms Control and International Affairs, the Assistant 
Secretary for Political and Military Affairs, or the Deputy 
Assistant Secretary for Defense Trade Controls of the De-
partment of State, shall brief the appropriate congres-
sional committees on such matters and the corrective 
measures that the Directorate of Defense Trade Controls 
will take to comply with the requirements of subsection 
(a). 
(e) CONGRESSIONAL REPORT.—If the processing 
time for review and determination of a commodity jurisdic-
tion request is more than 120 days, the Secretary of State 
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shall submit to the appropriate congressional committees 
a report that describes the request and the reasons for 
the extended duration of the processing time of the re-
quest. 
(f) REVIEW AND ASSESSMENT OF COMPREHENSIVE 
DEFENSE TRADE SECURITY INITIATIVES.— 
(1) REVIEW AND ASSESSMENT.—The Secretary 
of State, in coordination with the heads of other rel-
evant Federal departments and agencies, shall re-
view each of the Department of State’s Comprehen-
sive Defense Trade Security Initiative’s export au-
thorizations described in paragraph (2) and assess 
the effectiveness of each such authorization, includ-
ing the extent to which the authorization is utilized 
and is achieving the initiative’s stated objectives. 
This review should also assess how well such author-
izations are supporting defense cooperation and 
interoperability with United States allies and part-
ners by permitting timely sharing of technology, 
maintenance information, and spare parts and com-
ponents for cooperative defense programs. 
(2) COMPREHENSIVE
DEFENSE
TRADE
SECU-
RITY
INITIATIVES.—The Comprehensive Defense 
Trade Security Initiative’s export authorizations re-
ferred to in paragraph (1) are the following: 
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(A) MAJOR
PROJECT
AUTHORIZATION.— 
Comprehensive authorization for a range of ex-
port activities between a single registered 
United States exporter, as original equipment 
manufacturer, and a foreign company or gov-
ernment, including integration, codevelopment, 
or production. 
(B) MAJOR PROGRAM AUTHORIZATION.— 
Comprehensive authorization for a range of ex-
port activities for a principal registered con-
tractor covering all aspects of a commercial 
project with a foreign company or government, 
including participation by multiple subcontrac-
tors and exporters, such as a transaction for a 
foreign government’s purchase of a United 
States major weapons system. 
(C) GLOBAL PROJECT AUTHORIZATION.— 
Comprehensive authorization for a United 
States exporter to carry out broad range of ac-
tivities associated with a cooperative project 
pursuant to a government -to-government 
agreement. 
(3) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of State shall submit to the appropriate congres-
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sional committees a report that contains the results 
of the review and assessment conducted under para-
graph (1) and recommendations based on the review 
and assessment of any needed improvements. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the President or Con-
gress from undertaking a thorough review of the national 
security and foreign policy implications of a proposed ex-
port or import of items on the United States Munitions 
List. 
SEC. 5. REQUIREMENT TO ENSURE ADEQUATE STAFF AND 
RESOURCES FOR THE DIRECTORATE OF DE-
FENSE TRADE CONTROLS OF THE DEPART-
MENT OF STATE. 
(a) REQUIREMENT.—The Secretary of State shall en-
sure that the Directorate of Defense Trade Controls of 
the Department of State has the necessary staff and re-
sources to carry out this Act and the amendments made 
by this Act. 
(b) MINIMUM NUMBER OF LICENSING OFFICERS.— 
The Secretary of State shall ensure that the Directorate 
of Defense Trade Controls has not less than the following 
number of licensing officers for the following fiscal years: 
(1) 60 licensing officers for fiscal year 2009. 
(2) 70 licensing officers for fiscal year 2010. 
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(3) An appropriate number of licensing officers 
so that the ratio between the number of licensing of-
ficers to the estimated number of applications for li-
censes to export or import items on the United 
States Munitions List for fiscal year 2011 and each 
subsequent fiscal year is not less than 1 to 1,250. 
(c) MINIMUM NUMBER OF STAFF FOR COMMODITY 
JURISDICTION REQUESTS.—For each of the fiscal years 
2009 through 2011, the Secretary of State shall ensure 
that the Directorate of Defense Trade Controls has not 
less than three individuals assigned to review and make 
determinations of commodity jurisdiction requests. 
SEC. 6. AUDIT BY GOVERNMENT ACCOUNTABILITY OFFICE. 
(a) AUDIT.—Not later than end of each of the fiscal 
years 2009 through 2011, the Comptroller General shall 
conduct an independent audit to determine whether or not 
the Department of State is meeting the requirements of 
sections 4 and 5 of this Act. 
(b) REPORT.—The Comptroller General shall submit 
to the appropriate congressional committees a report that 
contains the result of each audit conducted under sub-
section (a). 
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SEC. 7. INCREASED FLEXIBILITY FOR USE OF DEFENSE 
TRADE CONTROLS REGISTRATION FEES. 
Section 45 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2717) is amended— 
(1) in the first sentence, by striking ‘‘Office’’ 
and inserting ‘‘Directorate’’; and 
(2) in the second sentence, to read as follows: 
‘‘Fees credited to that account shall be available 
only for payment of expenses incurred for manage-
ment, licensing, compliance, and policy activities of 
defense trade controls functions. In allocating fees 
for payment of expenses described in the preceding 
sentence, the Secretary of State shall accord the 
highest priority to payment of expenses incurred for 
personnel of the Directorate of Defense Trade Con-
trols, including payment of expenses incurred to 
meet the requirements of section 5 of the Defense 
Trade Controls Performance Improvement Act of 
2007 (relating to adequate staff and resources of the 
Directorate of Defense Trade Controls).’’. 
SEC. 8. INCREASED TRANSPARENCY THROUGH PUBLICA-
TION OF LICENSING INFORMATION. 
(a) STATUS OF APPLICATIONS.—The Directorate of 
Defense Trade Controls shall establish a secure Internet- 
based system for tracking the progress of applications for 
licenses to export or import items on the United States 
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Munitions List so that applicants can track the status of 
their applications. 
(b) OTHER INFORMATION.—Beginning not later than 
180 days after the date of the enactment of this Act, the 
Secretary of State shall publish on the Internet website 
of the Department of State, and update as appropriate— 
(1) information concerning the average proc-
essing times, by category, and the number of open 
applications, as required by section 4 of this Act; 
and 
(2) information concerning staff and resources 
of the Directorate of Defense Trade Controls of the 
Department of State, including the number of licens-
ing officers, as required by section 5 of this Act. 
SEC. 9. CONTROL OF ITEMS ON MISSILE TECHNOLOGY 
CONTROL REGIME ANNEX. 
(a) CONTROL OF ITEMS ON MTCR ANNEX.—The 
Secretary of State, in coordination with the Secretary of 
Commerce, the Secretary of Defense, and the heads of 
other federal agencies, as appropriate, shall ensure that 
all items on the Missile Technology Control Regime Annex 
are subject to stringent control by the Government of the 
United States pursuant to the International Traffic in 
Arms Regulations and the Export Administration Regula-
tions. 
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(b) CERTIFICATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State, in coordination with the Secretary of Commerce, 
the Secretary of Defense, and the heads of other federal 
agencies, as appropriate, shall submit to the appropriate 
congressional committees a report that contains— 
(1) a certification that the requirement of sub-
section (a) has been met, or if the requirement has 
not been met, the reasons therefore; and 
(2) a description of the updated coverage, if 
any, of the regulations referred to in subsection (a) 
with respect to all items on the MTCR Annex and 
an explanation of any areas of overlap or omissions, 
if any, among the regulations. 
SEC. 10. WAIVER OF LICENSING REQUIREMENTS FOR 
SPARE AND REPLACEMENT PARTS OR COM-
PONENTS AND RELATED SERVICES OF DE-
FENSE ITEMS FOR EXPORTS TO NATO MEM-
BER STATES, AUSTRALIA, JAPAN, AND NEW 
ZEALAND. 
(a) IN GENERAL.—Section 38(j) of the Arms Export 
Control Act (22 U.S.C. 2778(j)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
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(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) WAIVER
OF
LICENSING
REQUIREMENTS 
FOR SPARE AND REPLACEMENT PARTS OR COMPO-
NENTS AND RELATED SERVICES OF DEFENSE ITEMS 
FOR
EXPORTS
TO
NATO
MEMBER
STATES, AUS-
TRALIA, JAPAN, AND NEW ZEALAND.— 
‘‘(A) WAIVER.—(i) Subject to subpara-
graph (B), the President shall waive the licens-
ing requirements of this Act for exports of 
spare and replacement parts or components and 
related services of defense items exported to 
NATO member states, Australia, Japan, and 
New Zealand. 
‘‘(ii) A waiver may be issued under this 
subparagraph only if— 
‘‘(I) the export of spare and replace-
ment parts or components and related 
services— 
‘‘(aa) supports a defense item 
previously lawfully exported; 
‘‘(bb) is a one-for-one replace-
ment of the spare and replacement 
parts or components and related serv-
ices; and 
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‘‘(cc) is limited to destruction or 
return of the replaced part or compo-
nent and documentation of the proc-
ess; 
‘‘(II) the spare and replacement parts 
or components and related services will be 
transferred to a defense agency of a coun-
try described in clause (i) that is a pre-
viously approved end-user of the defense 
items and not to a distributor of such de-
fense items; 
‘‘(III) the spare and replacement 
parts or components and related services 
will not to be used to enhance, optimize, or 
otherwise upgrade the capability of the de-
fense items; and 
‘‘(IV) the spare and replacement parts 
or components and related services relate 
to a defense item that is owned, operated, 
and in the inventory of the armed forces a 
country described in clause (i). 
‘‘(iii) For purposes of this paragraph, the 
term ‘defense items’ has the meaning given the 
term in paragraph (5) of this subsection, except 
that such term does not include items on the 
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list referred to in subsection (a)(1) of this sec-
tion that are significant military equipment or 
items on the Missile Technology Control Re-
gime Annex (as such term is defined in section 
11B(c)(4) of the Export Administration Act of 
1979 (50 U.S.C. App. 2401b(c)(4))). 
‘‘(B) EXCEPTION.—The President is au-
thorized to not issue a waiver under subpara-
graph (A) with respect to a country described 
in such subparagraph if the President deter-
mines that it is in the national security inter-
ests of the United States to do so. 
‘‘(C) INAPPLICABILITY
TO
RE-EXPORTS 
AND
RE-TRANSFERS.—The provisions of this 
paragraph shall not apply with respect to re-ex-
ports or re-transfers of spare and replacement 
parts or components and related services of de-
fense items described in subparagraph (A). 
‘‘(D) ADVANCE
NOTIFICATION
AND
DIS-
APPROVAL
PROVISIONS.—Every person who 
seeks to export spare and replacement parts or 
components and related services of defense 
items described in subparagraph (A)— 
‘‘(i) shall, not less than 5 days prior 
to the export of such parts, components, 
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and services, notify the Secretary of State 
of the type, number, and monetary value of 
such parts, components, and services; and 
‘‘(ii) may export such parts, compo-
nents, and services only if the Secretary of 
State does not disapprove the export of 
such parts, components, and services dur-
ing such 5-day period.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on October 1, 2008. 
SEC. 11. AVAILABILITY OF INFORMATION ON THE STATUS 
OF LICENSE APPLICATIONS UNDER CHAPTER 
3 OF THE ARMS EXPORT CONTROL ACT. 
Chapter 3 of the Arms Export Control Act (22 
U.S.C. 2771 et seq.) is amended by inserting after section 
38 the following new section: 
‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA-
TUS OF LICENSE APPLICATIONS UNDER THIS 
CHAPTER. 
‘‘(a) AVAILABILITY TO CONGRESS.—Not later than 
six months after the date of the enactment of the Defense 
Trade Controls Performance Improvement Act of 2007, 
the President shall make available to the congressional 
committees of jurisdiction the ability to access electroni-
cally, by secure means, current information on the status 
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‘‘(c) AVAILABILITY
TO UNITED STATES EXPORT-
ERS.—No later than 12 months after the date of the en-
actment of the Defense Trade Controls Performance Im-
provement Act of 2007, the President shall make available 
to each United States exporter, through secure electronic 
means, the information described in subsection (b) with 
respect to each license that such exporter has submitted 
pursuant to this chapter.’’. 
SEC. 12. EXPORT CONTROLS OF CIVIL AIRCRAFT PROD-
UCTS. 
(a) EXPORT CONTROLS UNDER JURISDICTION OF 
DEPARTMENT
OF COMMERCE.—Subject to subsections 
(b), (c), and (d), any civil aircraft product that was in-
cluded in the type design of a type certificate for a civil 
aircraft issued by the Federal Aviation Administration 
under part 21 of title 14, Code of Federal Regulations, 
on or before the date of the enactment of this Act, shall 
be subject to the exclusive jurisdiction of the Department 
of Commerce and shall not be subject to controls under 
section 38 of the Arms Export Control Act (22 U.S.C. 
2778). 
(b) REVISION TO EXPORT CONTROLS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of State and the Secretary of Commerce 
shall promulgate regulations and publish in the Federal 
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Register amendments, as appropriate, to the Commerce 
Control List or the United States Munitions List, or both, 
specifying any civil aircraft product described in sub-
section (a) that requires additional or different export con-
trols than the export controls described in such subsection. 
(c) EXPORT CONTROLS UNDER JURISDICTION OF 
DEPARTMENT OF STATE.—Any civil aircraft product that 
has a lethal military end-use, is currently subject to a li-
cense issued by the Department of State, is determined 
to be subject to the jurisdiction of the Department of 
State as a result of a commodity jurisdiction determina-
tion, or is an anti-missile defense item, including a special 
mission system installed on United States commercial air-
craft for anti-missile defense, shall be subject to the juris-
diction of the Department of State unless determined oth-
erwise by the Secretary of State. 
(d) WAIVER.—The President shall waive the applica-
tion of any provision of this section with respect to any 
civil aircraft product for which the President determines 
that exercising such waiver is in the national security in-
terests of the United States. 
(e) CIVIL AIRCRAFT PRODUCT DEFINED.—In this 
section, the term ‘‘civil aircraft product’’ means— 
(1) a Class I product, Class II product, or Class 
III product, as defined in section 21.321(b) of title 
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14, Code of Federal Regulations (as in effect on 
June 1, 2007); and 
(2) any part, component, or related technical 
data of a product described in paragraph (1). 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on 
Foreign Relations of the Senate. 
(2) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means those regulations contained in sections 730 
through 774 of title 15, Code of Federal Regulations 
(or successor regulations). 
(3) COMMERCE
CONTROL
LIST.—The term 
‘‘Commerce Control List’’ means the list maintained 
under part 774 of title 15, Code of Federal Regula-
tions. 
(4) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS.—The term ‘‘International Traffic in Arms 
Regulations’’ means those regulations contained in 
sections 120 through 130 of title 22, Code of Fed-
eral Regulations (or successor regulations). 
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(5) MAJOR NON-NATO ALLY.—The term ‘‘major 
non-NATO ally’’ means a country that is designated 
in accordance with section 517 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321k) as a major 
non-NATO ally for purposes of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.). 
(6) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ has the meaning given the term 
in section 11B(c)(2) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 
(7) MISSILE
TECHNOLOGY
CONTROL
REGIME 
ANNEX; MTCR
ANNEX.—The term ‘‘Missile Tech-
nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 
has the meaning given the term in section 11B(c)(4) 
of the Export Administration Act of 1979 (50 
U.S.C. App. 2401b(c)(4)). 
(8) TECHNICAL ASSISTANCE AGREEMENT.—The 
term ‘‘technical assistance agreement’’ means an 
agreement described in section 120.22 of title 22, 
Code of Federal Regulations (or successor regula-
tions). 
(9) UNITED
STATES
MUNITIONS
LIST.—The 
term ‘‘United States Munitions List’’ means the list 
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referred to in section 38(a)(1) of the Arms Export 
Control Act (22 U.S.C. 2778(a)(1)). 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary for fiscal year 2009 and each subse-
quent fiscal year to carry out this Act and the amend-
ments made by this Act. 
Æ 
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