I 118th CONGRESS 1st Session H. R. 6609 IN THE HOUSE OF REPRESENTATIVES December 5, 2023 Mr. Waltz introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Arms Export Control Act to increase the dollar amount thresholds under sections 3 and 36 of that Act relating to proposed transfers or sales of defense articles or services under that Act, and for other purposes.

1. Short title This Act may be cited as the Foreign Military Sales Technical, Industrial, and Governmental Engagement for Readiness Act or the TIGER Act . 2. Increase in dollar amount thresholds under sections 3 and 36 of the Arms Export Control Act relating to proposed transfers or sales of defense articles or services under that Act The Arms Export Control Act is amended— (1) in section 3(d) ( 22 U.S.C. 2753(d) )— (A) in paragraph (1)— (i) by striking $14,000,000 and inserting $23,000,000 ; and (ii) by striking $50,000,0000 and inserting $83,0000,000 ; and (B) in paragraph (3)(A)— (i) by striking $14,000,000 and inserting $23,000,000 ; and (ii) by striking $50,000,0000 and inserting $83,0000,000 ; (2) in section 36(b) ( 22 U.S.C. 2776(b) )— (A) in paragraph (1)— (i) by striking $50,000,0000 and inserting $83,0000,000 ; (ii) by striking $200,000,000 and inserting $332,000,000 ; and (iii) by striking $14,000,000 and inserting $23,000,000 ; (B) in paragraph (5)(C)— (i) by striking $14,000,000 and inserting $23,000,000 ; (ii) by striking $50,000,0000 and inserting $83,0000,000 ; and (iii) by striking $200,000,000 and inserting $332,000,000 ; and (C) in paragraph (6)— (i) in subparagraph (A), by striking $25,000,000 and inserting $42,000,000 ; (ii) in subparagraph (B), by striking $100,000,0000 and inserting $166,000,000 ; and (iii) in subparagraph (C), by striking $300,000,000 and inserting $500,000,000 ; and (3) in section 36(c) ( 22 U.S.C. 2776(c) )— (A) in paragraph (1)— (i) by striking $14,000,000 and inserting $23,000,000 ; and (ii) by striking $50,000,0000 and inserting $83,0000,000 ; and (B) in paragraph (5)— (i) in subparagraph (A), by striking $25,000,000 and inserting $42,000,000 ; and (ii) in subparagraph (B), by striking $100,000,0000 and inserting $166,000,000 . 3. Enhanced review requirements of certain proposed transfers or sales Section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) is amended by adding at the end the following: (j) Enhanced review requirements of certain proposed transfers or sales (1) In general In the case of a proposed transfer or sale of defense articles or services under this Act that exceeds the amount that is not less than three times the applicable dollar amount threshold specified in section 3(d) or subsection (b) or (c) of this section, the Secretary of State shall— (A) consult with the Secretary of Defense and the heads of other Federal agencies as appropriate, to— (i) review such proposed transfer or sale; and (ii) submit to Congress a report on the progress of the transfer or sale, and such report may submitted in classified form; and (B) certify to Congress that the anticipated delivery time of defense articles or services under such proposed transfer or sale meets United States foreign policy interests, or if the Secretary is unable to make such certification, the reasons therefor. (2) Use of drawdown authority and special authorities (A) In general The Secretary of State shall, in the case of a proposed transfer or sale of defense articles or services under this Act described in paragraph (1) that have not been delivered to the recipient by the date that is 3 years after the date on which notification of the transfer or sale was provided to Congress, use the authorities of section 506(a)(1) or 614(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(1) or 2364(a)(1)) to complete the transfer or sale. (B) Waiver The Secretary of State may waive the requirement of subparagraph (A) to use the authorities described in such subparagraph with respect to a transfer or sale of defense articles or services if the Secretary submits to Congress a report describing the reasons for the waiver. . 4. Special Defense Acquisition Fund Section 51 of the Arms Export Control Act ( 22 U.S.C. 2795 ), is amended— (1) in subsection (a)(1), by striking the second sentence; and (2) by adding at the end the following: (d) Transfer of amounts authorized (1) In general The Secretary of Defense is authorized to transfer, from amounts authorized to be appropriated by this and other Acts for the Department of Defense, to the Secretary of State amounts to be available to carry out the functions of the Fund. (2) Notice requirement The Secretary of Defense shall notify the congressional defense committees (as such term is defined in section 101 of title 10, United States Code) of a proposed transfer of amounts under paragraph (1) not less than 15 days prior to making such transfer. (3) Inapplicability of reprogramming requirement The authority to transfer amounts under paragraph (1) shall not be subject to any reprogramming requirement under any other provision of law. .