IIB 
110TH CONGRESS 
2D SESSION 
H. R. 5916 
IN THE SENATE OF THE UNITED STATES 
MAY 19, 2008 
Received; read twice and referred to the Committee on Foreign Relations 
AN ACT 
To reform the administration of the Arms Export Control 
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, 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Security Assistance and Arms Export Control Reform 
Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
TITLE I—REFORM OF ARMS EXPORT CONTROL PROCEDURES 
Subtitle A—Defense Trade Controls Performance Improvement Act of 2008 
Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. Strategic review and assessment of the United States export controls 
system. 
Sec. 104. Performance goals for processing of applications for licenses to export 
items on USML. 
Sec. 105. Requirement to ensure adequate staff and resources for DDTC of the 
Department of State. 
Sec. 106. Audit by Inspector General of the Department of State. 
Sec. 107. Increased flexibility for use of defense trade controls registration fees. 
Sec. 108. Review of ITAR and USML. 
Sec. 109. Special licensing authorization for certain exports to NATO member 
states, Australia, Japan, New Zealand, Israel, and South 
Korea. 
Sec. 110. Availability of information on the status of license applications under 
chapter 3 of the Arms Export Control Act. 
Sec. 111. Sense of Congress. 
Sec. 112. Definitions. 
Sec. 113. Authorization of appropriations. 
Subtitle B—Miscellaneous Provisions 
Sec. 121. Report on self-financing options for export licensing functions of 
DDTC of the Department of State. 
Sec. 122. Expediting congressional defense export review period for South 
Korea and Israel. 
Sec. 123. Availability to Congress of Presidential directives regarding United 
States arms export policies, practices, and regulations. 
Sec. 124. Increase in congressional notification thresholds and expediting con-
gressional review for South Korea and Israel. 
Sec. 125. Diplomatic efforts to strengthen national and international arms ex-
port controls. 
Sec. 126. Reporting requirement for unlicensed exports. 
Sec. 127. Report on value of major defense equipment and defense articles ex-
ported under section 38 of the Arms Export Control Act. 
Sec. 128. Report on satellite export controls. 
Sec. 129. Definition. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
TITLE II—SECURITY ASSISTANCE AND RELATED SUPPORT FOR 
ISRAEL 
Sec. 201. Assessment of Israel’s qualitative military edge over military threats. 
Sec. 202. Report on United States’ commitments to the security of Israel. 
Sec. 203. War Reserves Stockpile. 
Sec. 204. Implementation of Memorandum of Understanding with Israel. 
Sec. 205. Definitions. 
TITLE III—WAIVER OF CERTAIN SANCTIONS TO FACILITATE 
DENUCLEARIZATION ACTIVITIES IN NORTH KOREA 
Sec. 301. Waiver authority and exceptions. 
Sec. 302. Certification regarding waiver of certain sanctions. 
Sec. 303. Congressional notification and report. 
Sec. 304. Termination of waiver authority. 
Sec. 305. Expiration of waiver authority. 
Sec. 306. Continuation of restrictions against the Government of North Korea. 
Sec. 307. Report on verification measures relating to North Korea’s nuclear 
programs. 
Sec. 308. Definitions. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Authority to build the capacity of foreign military forces. 
Sec. 402. Maintenance of European Union arms embargo against China. 
Sec. 403. Reimbursement of salaries of members of the reserve components in 
support of security cooperation missions. 
Sec. 404. Foreign Military Sales Stockpile Fund. 
Sec. 405. Sense of Congress. 
TITLE V—AUTHORITY TO TRANSFER NAVAL VESSELS 
Sec. 501. Authority to transfer naval vessels to certain foreign recipients. 
TITLE I—REFORM OF ARMS 
EXPORT CONTROL PROCEDURES 
Subtitle A—Defense Trade Controls 
Performance Improvement Act 
of 2008 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Defense Trade 
Controls Performance Improvement Act of 2008’’. 
SEC. 102. FINDINGS. 
Congress finds the following: 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(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, including pro-
grams relating to arms export controls. 
(3) Federal Government agencies must review 
licenses for export of munitions in a thorough and 
timely manner to ensure that the United States is 
able to assist United States allies and to prevent nu-
clear and conventional weapons from getting into the 
hands of enemies of the United States. 
(4) Both staffing and funding that relate to the 
Department of State’s arms export control respon-
sibilities have not kept pace with the increased work-
load relating to such responsibilities, especially over 
the last five years. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(5) Outsourcing and off-shoring of defense pro-
duction and the policy of many United States trad-
ing partners to require offsets for major sales of de-
fense and aerospace articles present a potential 
threat to United States national security and eco-
nomic well-being and serve to weaken the defense in-
dustrial base. 
(6) Export control policies can have a negative 
impact on United States employment, nonprolifera-
tion goals, and the health of the defense industrial 
base, particularly when facilitating the overseas 
transfer of technology or production and other forms 
of outsourcing, such as offsets (direct and indirect), 
co-production, subcontracts, overseas investment and 
joint ventures in defense and commercial industries. 
Federal Government agencies must develop new and 
effective procedures for ensuring that export control 
systems address these problems and the threat they 
pose to national security. 
(7) 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, 
2006; Public Law 109–108), the Department of 
State concluded that— 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(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 a corresponding increase in trained and ex-
perienced personnel has resulted in delays and 
increased processing times. 
(8) In 2006, the Department of State processed 
over three times as many licensing applications as 
the Department of Commerce with about a fifth of 
the staff of the Department of Commerce. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(9) 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) the United States Government needs 
to conduct assessments to determine its overall 
effectiveness in the area of arms export control; 
and 
(B) the processing times of the Depart-
ment of State doubled over the period from 
2002 to 2006. 
(10) Although the current number of unproc-
essed applications for licenses to export defense 
items is less than 3,800 applications, due to the ex-
traordinary efforts of the personnel and manage-
ment of the Department of State’s Directorate of 
Defense Trade Controls, at the end of 2006, the De-
partment of State’s backlog of such unprocessed ap-
plications reached its highest level at more than 
10,000 unprocessed applications. This resulted in 
major management and personnel challenges for the 
Directorate of Defense Trade Controls. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(11)(A) Allowing a continuation of the status 
quo in resources for defense trade licensing could ul-
timately 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 by the Department of State for ap-
plications for licenses to export defense items led to 
an impairment of United States firms in some sec-
tors to conduct global business relative to foreign 
competitors. 
(B) Additionally, the report found that United 
States commercial firms have been reluctant to en-
gage in research and development activities for the 
Department of Defense because this raises the fu-
ture prospects that the products based on this re-
search and development, even if intrinsically com-
mercial, will be saddled by Department of State mu-
nitions controls due to the link to that research. 
(12) 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 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
items exported to United States NATO allies and 
other major non-NATO allies. 
(13) 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. The United 
States Government has 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 mandating that the Administration clarify 
this issue. 
SEC. 103. STRATEGIC REVIEW AND ASSESSMENT OF THE 
UNITED STATES EXPORT CONTROLS SYSTEM. 
(a) REVIEW AND ASSESSMENT.— 
(1) IN GENERAL.—Not later than March 31, 
2009, the President shall conduct a comprehensive 
and systematic review and assessment of the United 
States arms export controls system in the context of 
the national security interests and strategic foreign 
policy objectives of the United States. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(2) ELEMENTS.—The review and assessment 
required under paragraph (1) shall— 
(A) determine the overall effectiveness of 
the United States arms export controls system 
in order to, where appropriate, strengthen con-
trols, improve efficiency, and reduce unneces-
sary redundancies across Federal Government 
agencies, through administrative actions, in-
cluding regulations, and to formulate legislative 
proposals for new authorities that are needed; 
(B) develop processes to ensure better co-
ordination of arms export control activities of 
the Department of State with activities of other 
departments and agencies of the United States 
that are responsible for enforcing United States 
arms export control laws; 
(C) ensure that weapons-related nuclear 
technology, other technology related to weapons 
of mass destruction, and all items on the Mis-
sile Technology Control Regime Annex are sub-
ject to stringent control by the United States 
Government; 
(D) determine the overall effect of arms 
export controls on counterterrorism, law en-
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
forcement, and infrastructure protection mis-
sions of the Department of Homeland Security; 
(E) contain a detailed summary of known 
attempts by unauthorized end-users (such as 
international arms traffickers, foreign intel-
ligence agencies, and foreign terrorist organiza-
tions) to acquire items on the United States 
Munitions List and related technical data, in-
cluding— 
(i) data on— 
(I) commodities sought, such as 
M–4 rifles, night vision devices, F–14 
spare parts; 
(II) parties involved, such as the 
intended 
end-users, 
brokers, 
con-
signees, and shippers; 
(III) attempted acquisition of 
technology and technical data critical 
to manufacture items on the United 
States Munitions List; 
(IV) destination countries and 
transit countries; 
(V) modes of transport; 
(VI) trafficking methods, such as 
use of false documentation and front 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
companies registered under flags of 
convenience; 
(VII) whether the attempted il-
licit transfer was successful; and 
(VIII) 
any 
administrative 
or 
criminal enforcement actions taken by 
the United States and any other gov-
ernment in relation to the attempted 
illicit transfer; 
(ii) a thorough evaluation of the Blue 
Lantern Program, including the adequacy 
of current staffing and funding levels; 
(iii) a detailed analysis of licensing ex-
emptions and their successful exploitation 
by unauthorized end-users; and 
(iv) an examination of the extent to 
which the increased tendency toward 
outsourcing and off-shoring of defense pro-
duction harm United States national secu-
rity and weaken the defense industrial 
base, including direct and indirect impact 
on employment, and formulate policies to 
address these trends as well as the policy 
of some United States trading partners to 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
require offsets for major sales of defense 
articles; and 
(F) assess the extent to which export con-
trol policies and practices under the Arms Ex-
port Control Act promote the protection of 
basic human rights. 
(b) CONGRESSIONAL
BRIEFINGS.—The President 
shall provide periodic briefings to the appropriate congres-
sional committees on the progress of the review and as-
sessment conducted under subsection (a). The require-
ment to provide congressional briefings under this sub-
section shall terminate on the date on which the President 
transmits to the appropriate congressional committees the 
report required under subsection (c). 
(c) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the President shall 
transmit to the appropriate congressional committees and 
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report that contains the results of the review and 
assessment conducted under subsection (a). The report re-
quired by this subsection shall contain a certification that 
the requirement of subsection (a)(2)(C) has been met, or 
if the requirement has not been met, the reasons therefor. 
The report required by this subsection shall be submitted 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
in unclassified form, but may contain a classified annex, 
if necessary. 
SEC. 104. PERFORMANCE GOALS FOR PROCESSING OF AP-
PLICATIONS 
FOR 
LICENSES 
TO 
EXPORT 
ITEMS ON USML. 
(a) IN GENERAL.—The Secretary of State, acting 
through the head of the Directorate of Defense Trade 
Controls of the Department of State, shall establish the 
following goals: 
(1) The processing time for review of each ap-
plication for a license to export items on the United 
States Munitions List (other than applications for 
approval of agreements under part 124 of title 22, 
Code of Federal Regulations (or successor regula-
tions)) shall be not more than 60 days from the date 
of receipt of the application. 
(2) The processing time for review of each ap-
plication for a commodity jurisdiction determination 
shall be not more than 60 days from the date of re-
ceipt of the application. 
(3) The total number of applications described 
in paragraph (1) that are unprocessed shall be not 
more than 7 percent of the total number of such ap-
plications submitted in the preceding calendar year. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(b) ADDITIONAL REVIEW.—(1) If an application de-
scribed in paragraph (1) or (2) of subsection (a) is not 
processed within the time period described in the respec-
tive paragraph of such subsection, then the Managing Di-
rector of the Directorate of Defense Trade Controls or the 
Deputy Assistant Secretary for Defense Trade and Re-
gional Security of the Department of State, as appro-
priate, shall review the status of the application to deter-
mine if further action is required to process the applica-
tion. 
(2) If an application described in paragraph (1) or 
(2) of subsection (a) is not processed within 90 days from 
the date of receipt of the application, then the Assistant 
Secretary for Political-Military Affairs of the Department 
of State shall— 
(A) review the status of the application to de-
termine if further action is required to process the 
application; and 
(B) submit to the appropriate congressional 
committees a notification of the review conducted 
under subparagraph (A), including a description of 
the application, the reason for delay in processing 
the application, and a proposal for further action to 
process the application. 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(3) For each calendar year, the Managing Director 
of the Directorate of Defense Trade Controls shall review 
not less than 2 percent of the total number of applications 
described in paragraphs (1) and (2) of subsection (a) to 
ensure that the processing of such applications, including 
decisions to approve, deny, or return without action, is 
consistent with both policy and regulatory requirements 
of the Department of State. 
(c) UNITED
STATES
ALLIES.—Congress states 
that— 
(1) 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 processing time for review of applications de-
scribed in subsection (a)(1) to export items that are 
not subject to the requirements of section 36(b) or 
(c) of the Arms Export Control Act (22 U.S.C. 
2776(b) or (c)) to United States allies in direct sup-
port of combat operations or peacekeeping or hu-
manitarian operations with United States Armed 
Forces is not more than 7 days from the date of re-
ceipt of the application; and 
(2) it shall be the goal, as appropriate, of the 
Directorate of Defense Trade Controls to ensure 
that, to the maximum extent practicable, the proc-
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
essing time for review of applications described in 
subsection (a)(1) to export items that are not sub-
ject to the requirements of section 36(b) or (c) of 
the Arms Export Control Act to government security 
agencies of United States NATO allies, Australia, 
New Zealand, Japan, South Korea, Israel, and, as 
appropriate, other major non-NATO allies for any 
purpose other than the purpose described in para-
graph (1) is not more than 30 days from the date 
of receipt of the application. 
(d) REPORT.—Not later than December 31, 2010, 
and December 31, 2011, the Secretary of State shall sub-
mit to the appropriate congressional committees a report 
that contains a detailed description of— 
(1)(A) the average processing time for and 
number of applications described in subsection 
(a)(1) to— 
(i) United States NATO allies, Australia, 
New Zealand, Japan, South Korea, and Israel; 
(ii) other major non-NATO allies; and 
(iii) all other countries; and 
(B) to the extent practicable, the average proc-
essing time for and number of applications described 
in subsection (b)(1) by item category; 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(2) the average processing time for and number 
of applications described in subsection (a)(2); 
(3) the average processing time for and number 
of applications for agreements described in part 124 
of title 22, Code of Federal Regulations (relating to 
the International Traffic in Arms Regulations); 
(4) any management decisions of the Direc-
torate of Defense Trade Controls of the Department 
of State that have been made in response to data 
contained in paragraphs (1) through (3); and 
(5) any advances in technology that will allow 
the time-frames described in subsection (a)(1) to be 
substantially reduced. 
(e) CONGRESSIONAL BRIEFINGS.—If, at the end of 
any month beginning after the date of the enactment of 
this Act, the total number of applications described in sub-
section (a)(1) that are unprocessed is more than 7 percent 
of the total number of such applications submitted in the 
preceding calendar year, then the Secretary of State, act-
ing through the Under Secretary for Arms Control and 
International Security, the Assistant Secretary for Polit-
ical-Military Affairs, or the Deputy Assistant Secretary 
for Defense Trade and Regional Security of the Depart-
ment of State, as appropriate, shall brief the appropriate 
congressional committees on such matters and the correc-
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
tive measures that the Directorate of Defense Trade Con-
trols will take to comply with the requirements of sub-
section (a). 
(f) TRANSPARENCY OF COMMODITY JURISDICTION 
DETERMINATIONS.— 
(1) DECLARATION
OF
POLICY.—Congress de-
clares that the complete confidentiality surrounding 
several hundred commodity jurisdiction determina-
tions made each year by the Department of State 
pursuant to the International Traffic in Arms Regu-
lations is not necessary to protect legitimate propri-
etary interests of persons or their prices and cus-
tomers, is not in the best security and foreign policy 
interests of the United States, is inconsistent with 
the need to ensure a level playing field for United 
States exporters, and detracts from United States 
efforts to promote greater transparency and respon-
sibility by other countries in their export control sys-
tems. 
(2) PUBLICATION
ON
INTERNET
WEBSITE.— 
The Secretary of State shall— 
(A) upon making a commodity jurisdiction 
determination referred to in paragraph (1) pub-
lish on the Internet website of the Department 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
of State not later than 30 days after the date 
of the determination— 
(i) the name of the manufacturer of 
the item; 
(ii) a brief general description of the 
item; 
(iii) the model or part number of the 
item; and 
(iv) the United States Munitions List 
designation under which the item has been 
designated, except that— 
(I) the name of the person or 
business organization that sought the 
commodity jurisdiction determination 
shall not be published if the person or 
business organization is not the man-
ufacturer of the item; and 
(II) the names of the customers, 
the price of the item, and any propri-
etary information relating to the item 
indicated by the person or business 
organization that sought the com-
modity 
jurisdiction 
determination 
shall not be published; and 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS
HR 5916 RFS 
(B) maintain on the Internet website of 
the Department of State an archive, that is ac-
cessible to the general public and other depart-
ments and agencies of the United States, of the 
information published under subparagraph (A). 
(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 of items on the United States Munitions List. 
SEC. 105. REQUIREMENT TO ENSURE ADEQUATE STAFF 
AND RESOURCES FOR DDTC 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 subtitle and the amendments 
made by this subtitle. 
(b) MINIMUM NUMBER OF LICENSING OFFICERS.— 
For fiscal year 2010 and each subsequent fiscal year, the 
Secretary of State shall ensure that the Directorate of De-
fense Trade Controls has at least 1 licensing officer for 
every 1,250 applications for licenses and other authoriza-
tions to export items on the United States Munitions List 
by not later than the third quarter of such fiscal year, 
VerDate Aug 31 2005 
23:17 May 19, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5916.RFS
H5916
mstockstill on PROD1PC66 with BILLS