H. R. 3121—11
‘‘(D)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration and enact-
ment of joint resolutions under this paragraph, a motion to proceed
to the consideration of any such joint resolution after it has been
reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.’’.
(b) THIRD COUNTRY TRANSFERS UNDER COMMERCIAL SALES.—
Section 3(d)(3) of such Act (22 U.S.C. 2753(d)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) in the first sentence—
(A) by striking ‘‘at least 30 calendar days’’; and
(B) by striking ‘‘report’’ and inserting ‘‘certification’’;
and
(3) by striking the last sentence and inserting the following:
‘‘Such certification shall be submitted—
‘‘(i) at least 15 calendar days before such consent is given
in the case of a transfer to a country which is a member
of the North Atlantic Treaty Organization or Australia, Japan,
or New Zealand; and
‘‘(ii) at least 30 calendar days before such consent is given
in the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or
(ii), as the case may be, and of subparagraph (B)) the President
shall set forth in the certification a detailed justification for his
determination, including a description of the emergency cir-
cumstances which necessitate that consent to the proposed transfer
become effective immediately and a discussion of the national secu-
rity interests involved.
‘‘(B) Consent to a transfer subject to subparagraph (A) shall
become effective after the end of the 15-day or 30-day period speci-
fied in subparagraph (A)(i) or (ii), as the case may be, only if
the Congress does not enact, within that period, a joint resolution
prohibiting the proposed transfer.
‘‘(C)(i) Any joint resolution under this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
‘‘(ii) For the purpose of expediting the consideration and enact-
ment of joint resolutions under this paragraph, a motion to proceed
to the consideration of any such joint resolution after it has been
reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.’’.
(c) COMMERCIAL SALES.—Section 36(c)(2) of such Act (22 U.S.C.
2776(c)(2)) is amended by amending subparagraphs (A) and (B)
to read as follows:
‘‘(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand, shall not
be issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if
H. R. 3121—12
the Congress, within that 15-day period, enacts a joint resolu-
tion prohibiting the proposed export; and
‘‘(B) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives
such certification, and shall not be issued then if the Congress,
within that 30-day period, enacts a joint resolution prohibiting
the proposed export.’’.
(d) COMMERCIAL MANUFACTURING AGREEMENTS.—Section 36(d)
of such Act (22 U.S.C. 2776(d)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by striking ‘‘for or in a country not a member of the
North Atlantic Treaty Organization’’; and
(3) by adding at the end the following:
‘‘(2) A certification under this subsection shall be submitted—
‘‘(A) at least 15 days before approval is given in the case
of an agreement for or in a country which is a member of
the North Atlantic Treaty Organization or Australia, Japan,
or New Zealand; and
‘‘(B) at least 30 days before approval is given in the case
of an agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement
in the national security interests of the United States.
‘‘(3) If the President states in his certification that an emergency
exists which requires the immediate approval of the agreement
in the national security interests of the United States, thus waiving
the requirements of paragraph (4), he shall set forth in the certifi-
cation a detailed justification for his determination, including a
description of the emergency circumstances which necessitate the
immediate approval of the agreement and a discussion of the
national security interests involved.
‘‘(4) Approval for an agreement subject to paragraph (1) may
not be given under section 38 if the Congress, within the 15-
day or 30-day period specified in paragraph (2)(A) or (B), as the
case may be, enacts a joint resolution prohibiting such approval.
‘‘(5)(A) Any joint resolution under paragraph (4) shall be consid-
ered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
‘‘(B) For the purpose of expediting the consideration and enact-
ment of joint resolutions under paragraph (4), a motion to proceed
to the consideration of any such joint resolution after it has been
reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.’’.
(e) GOVERNMENT-TO-GOVERNMENT LEASES.—
(1) CONGRESSIONAL REVIEW PERIOD.—Section 62 of such
Act (22 U.S.C. 2796a) is amended—
(A) in subsection (a), by striking ‘‘Not less than 30
days before’’ and inserting ‘‘Before’’;
(B) in subsection (b)—
(i) by striking ‘‘determines, and immediately
reports to the Congress’’ and inserting ‘‘states in his
certification’’; and
(ii) by adding at the end of the subsection the
following: ‘‘If the President states in his certification
that such an emergency exists, he shall set forth in
the certification a detailed justification for his deter-
H. R. 3121—13
mination, including a description of the emergency cir-
cumstances which necessitate that the lease be entered
into immediately and a discussion of the national secu-
rity interests involved.’’; and
(C) by adding at the end of the section the following:
‘‘(c) The certification required by subsection (a) shall be
transmitted—
‘‘(1) not less than 15 calendar days before the agreement
is entered into or renewed in the case of an agreement with
the North Atlantic Treaty Organization, any member country
of that Organization or Australia, Japan, or New Zealand;
and
‘‘(2) not less than 30 calendar days before the agreement
is entered into or renewed in the case of an agreement with
any other organization or country.’’.
(2) CONGRESSIONAL
DISAPPROVAL.—Section 63(a) of such
Act (22 U.S.C. 2796b(a)) is amended—
(A) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;
(B) by striking ‘‘30 calendar days after receiving the
certification with respect to that proposed agreement pursu-
ant to section 62(a),’’ and inserting ‘‘the 15-day or 30-
day period specified in section 62(c) (1) or (2), as the case
may be,’’; and
(C) by striking paragraph (2).
(f) EFFECTIVE DATE.—The amendments made by this section
apply with respect to certifications required to be submitted on
or after the date of the enactment of this Act.
SEC. 142. STANDARDIZATION OF THIRD COUNTRY TRANSFERS OF
DEFENSE ARTICLES.
Section 3 of the Arms Export Control Act (22 U.S.C. 2753)
is amended by inserting after subsection (a) the following new
subsection:
‘‘(b) The consent of the President under paragraph (2) of sub-
section (a) or under paragraph (1) of section 505(a) of the Foreign
Assistance Act of 1961 (as it relates to subparagraph (B) of such
paragraph) shall not be required for the transfer by a foreign
country or international organization of defense articles sold by
the United States under this Act if—
‘‘(1) such articles constitute components incorporated into
foreign defense articles;
‘‘(2) the recipient is the government of a member country
of the North Atlantic Treaty Organization, the Government
of Australia, the Government of Japan, or the Government
of New Zealand;
‘‘(3) the recipient is not a country designated under section
620A of the Foreign Assistance Act of 1961;
‘‘(4) the United States-origin components are not—
‘‘(A) significant military equipment (as defined in sec-
tion 47(9));
‘‘(B) defense articles for which notification to Congress
is required under section 36(b); and
‘‘(C) identified by regulation as Missile Technology Con-
trol Regime items; and
‘‘(5) the foreign country or international organization pro-
vides notification of the transfer of the defense articles to
H. R. 3121—14
the United States Government not later than 30 days after
the date of such transfer.’’.
SEC. 143. INCREASED STANDARDIZATION, RATIONALIZATION, AND
INTEROPERABILITY OF ASSISTANCE AND SALES PRO-
GRAMS.
Paragraph (6) of section 515(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321i(a)(6)) is amended by striking ‘‘among
members of the North Atlantic Treaty Organization and with the
Armed Forces of Japan, Australia, and New Zealand’’.
SEC. 144. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794)
is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the end;
(2) in paragraph (8), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(9) ‘significant military equipment’ means articles—
‘‘(A) for which special export controls are warranted because
of the capacity of such articles for substantial military utility
or capability; and
‘‘(B) identified on the United States Munitions List.’’.
SEC. 145. ELIMINATION OF ANNUAL REPORTING REQUIREMENT
RELATING TO THE SPECIAL DEFENSE ACQUISITION
FUND.
(a) IN GENERAL.—Section 53 of the Arms Export Control Act
(22 U.S.C. 2795b) is hereby repealed.
(b) CONFORMING AMENDMENT.—Section 51(a)(4) of such Act
(22 U.S.C. 2795(a)(4)) is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
SEC. 146. COST OF LEASED DEFENSE ARTICLES THAT HAVE BEEN
LOST OR DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22 U.S.C.
2796(a)(4)) is amended by striking ‘‘and the replacement cost’’ and
all that follows and inserting the following: ‘‘and, if the articles
are lost or destroyed while leased—
‘‘(A) in the event the United States intends to replace
the articles lost or destroyed, the replacement cost (less
any depreciation in the value) of the articles; or
‘‘(B) in the event the United States does not intend
to replace the articles lost or destroyed, an amount not
less than the actual value (less any depreciation in the
value) specified in the lease agreement.’’.
SEC. 147. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) DESIGNATION.—
(1) NOTICE
TO
CONGRESS.—Chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), as
amended by this Act, is further amended by adding at the
end the following new section:
‘‘SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
‘‘(a) NOTICE TO CONGRESS.—The President shall notify the Con-
gress in writing at least 30 days before—