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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Com-
merce Enhancement Act’’.
SEC. 2. REFERENCES.
Except as otherwise specifically provided in this Act,
whenever in this Act an amendment or repeal is expressed
as the amendment or repeal of a section or other provision,
the reference shall be considered to be made to a section
or other provision of the Arms Export Control Act (22
U.S.C. 2751 et seq.).
SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJEC-
TIVES AND RESTRAINTS.
(a) VALUE OF DEFENSE ARTICLES AND SERVICES.—
Section 3(d) (22 U.S.C. 2753(d)) is amended in para-
graphs (1) and (3)(A)—
(1) by striking ‘‘$14,000,000’’ each place it ap-
pears and inserting ‘‘$25,000,000’’; and
(2) by striking ‘‘$50,000,000’’ each place it ap-
pears and inserting ‘‘$85,000,000’’.
(b) TRANSFERS WITH RESPECT
TO NATO AND
MAJOR
NON-NATO COUNTRIES.—Section 3(d) (22
U.S.C. 2753(d)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘Ex-
cept as provided in subparagraph (B), unless’’
and inserting ‘‘Unless’’; and
(ii) in subparagraph (B) to read as
follows:
‘‘(B) Subparagraph (A) shall not apply in the case
of a proposed transfer to the North Atlantic Treaty Orga-
nization, or any member country of such Organization,
Japan, Australia, or New Zealand.’’; and
(iii) in subparagraph (C), by striking
‘‘or (B)’’; and
(2) in paragraph (3)—
(A) in the second sentence of subpara-
graph (A), by striking ‘‘shall be submitted’’ and
all that follows through ‘‘unless the President’’
and inserting ‘‘shall be submitted at least 30
calendar days before such consent is given in
the case of a transfer to a country other than
a country which is a member of the North At-
lantic Treaty Organization, Japan, Australia, or
New Zealand, unless the President’’;
(B) in the third sentence of subparagraph
(A), by striking ‘‘(thus waiving the require-
ments of clause (i) or (ii), as the case may be,
and of subparagraph (B))’’; and
(C) in subparagraph (B)—
(i) by striking ‘‘15-day or’’; and
(ii) by striking ‘‘subparagraph (A)(i)
or (ii), as the case may be,’’ and inserting
‘‘subparagraph (A)’’.
SEC. 4. MILITARY EXPORT CONTROLS.
(a) VALUE OF DEFENSE ARTICLES AND SERVICES.—
Section 36 (22 U.S.C. 2776) is amended in the first sen-
tence of subsections (b)(1) and (c)(1)—
(1) by striking ‘‘$14,000,000’’ each place it ap-
pears and inserting ‘‘$25,000,000’’; and
(2) by striking ‘‘$50,000,000’’ each place it ap-
pears and inserting ‘‘$85,000,000’’.
(b) TRANSFERS WITH RESPECT
TO NATO AND
MAJOR NON-NATO COUNTRIES.—Section 36 (22 U.S.C.
2776) is amended—
(1) in subsection (b)—
(A) in the matter following subparagraph
(P) of paragraph (1), by striking ‘‘proposed
sale to the North Atlantic Treaty Organization,
any member country of such Organization,
Japan, Australia, or New Zealand, if the Con-
gress, within fifteen calendar days after receiv-
ing such certification, or with respect to a pro-
posed sale to any other country or organiza-
tion,’’ and inserting ‘‘proposed sale to a country
other than a country which is a member of the
North Atlantic Treaty Organization, Japan,
Australia, or New Zealand, or to any other or-
ganization,’’; and
(B) in paragraph (2), strike ‘‘, except that
for purposes of consideration of any joint reso-
lution’’ and all that follows through ‘‘its intro-
duction’’;
(2) in subsection (c)(2)—
(A) in subparagraph (A)—
(i) by striking ‘‘the North Atlantic
Treaty Organization, any member country
of that Organization, Japan, Australia, or
New Zealand’’ and inserting ‘‘a country
other than a country which is a member of
the North Atlantic Treaty Organization,
Japan, Australia, or New Zealand, or to
any other organization’’;
(ii) by striking ‘‘15’’ each place it ap-
pears and inserting ‘‘30’’; and
(iii) by adding ‘‘and’’ at the end;
(B) in subparagraph (B), by striking ‘‘;
and’’ and inserting a period; and
(C) by striking subparagraph (C); and
(3) in subsection (d)—
(A) in paragraph (2), by striking ‘‘shall be
submitted’’ and all that follows through ‘‘unless
the President’’ and inserting ‘‘shall be sub-
mitted at least 30 days before approval is given
in the case of an agreement for or in a country
other than a country which is a member of the
North Atlantic Treaty Organization, Japan,
Australia, or New Zealand, unless the Presi-
dent’’; and
(B) in paragraph (4)—
(i) by striking ‘‘15-day or’’; and
(ii) by striking ‘‘paragraph (2)(A) or
(B), as the case may be,’’ and inserting
‘‘paragraph (2)’’.
(c) LICENSE
APPLICATIONS
FOR
COMMERCIAL
SALES.—Section 36(c)(1) (22 U.S.C. 2776(c)(1)) is
amended in the first sentence by striking ‘‘sold under a
contract’’ each place it appears and inserting ‘‘to be sold
under a contract, proposed contract, or formal proposal
of sale’’.
SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHOR-
ITY FOR COOPERATIVE RESEARCH AND DE-
VELOPMENT PURPOSES.
(a) VALUE OF DEFENSE ARTICLES.—Section 63(a)
(22 U.S.C. 2796b(a)) is amended—
(1) by striking ‘‘$14,000,000’’ and inserting
‘‘$25,000,000’’; and
(2) by striking ‘‘$50,000,000’’ and inserting
‘‘$85,000,000’’.
(b) TRANSFERS WITH RESPECT
TO NATO AND
MAJOR NON-NATO COUNTRIES.—Chapter 6 (22 U.S.C.
2796) is amended—