Security Assistance and Arms Export Control Reform Act of 2008
HR 5916 RFS
110th CONGRESS
2d Session
H. R. 5916
IN THE SENATE OF THE UNITED STATES
May 19, 2008
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 Representatives 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 `Security Assistance and Arms Export Control Reform Act of 2008'.
SEC. 124. INCREASE IN CONGRESSIONAL NOTIFICATION THRESHOLDS AND EXPEDITING CONGRESSIONAL REVIEW FOR SOUTH KOREA AND ISRAEL.
(a) Foreign Military Sales-
(1) IN GENERAL- Subsection (b) of section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--
(A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
(B) by striking `The letter of offer shall not be issued' and all that follows through `enacts a joint resolution' and inserting the following:
`(2) The letter of offer shall not be issued--
`(A) with respect to a proposed sale of any defense articles or defense services under this Act for $200,000,000 or more, any design and construction services for $300,000,000 or more, or any major defense equipment for $75,000,000 or more, to the North Atlantic Treaty Organization (NATO), any member country of NATO, Japan, Australia, the Republic of Korea, Israel, or New Zealand, if Congress, within 15 calendar days after receiving such certification, or
`(B) with respect to a proposed sale of any defense articles or services under this Act for $100,000,000 or more, any design and construction services for $200,000,000 or more, or any major defense equipment for $50,000,000 or more, to any other country or organization, if Congress, within 30 calendar days after receiving such certification,
enacts a joint resolution'.
(2) TECHNICAL AND CONFORMING AMENDMENTS- Such section is further amended--
(A) in subsection (b)--
(i) in paragraph (6)(C), as redesignated, by striking `Subject to paragraph (6), if' and inserting `If'; and
(ii) by striking paragraph (7), as redesignated; and
(B) in subsection (c)(4), by striking `subsection (b)(5)' each place it appears and inserting `subsection (b)(6)'.
(b) Commercial Sales- Subsection (c) of such section is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting after `for an export' the following: `of any major defense equipment sold under a contract in the amount of $75,000,000 or more or of defense articles or defense services sold under a contract in the amount of $200,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)'; and
(ii) by striking `Organization,' and inserting `Organization (NATO),' and by further striking `that Organization' and inserting `NATO'; and
(B) in subparagraph (C), by inserting after `license' the following: `for an export of any major defense equipment sold under a contract in the amount of $50,000,000 or more or of defense articles or defense services sold under a contract in the amount of $100,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)'; and
(2) by striking paragraph (5).
SEC. 127. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE ARTICLES EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT CONTROL ACT.
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following:
`(l) Report-
`(1) IN GENERAL- The President shall transmit to the appropriate congressional committees a report that contains a detailed listing, by country and by international organization, of the total dollar value of major defense equipment and defense articles exported pursuant to licenses authorized under this section for the previous fiscal year.
`(2) INCLUSION IN ANNUAL BUDGET- The report required by this subsection shall be included in the supporting information of the annual budget of the United States Government required to be submitted to Congress under section 1105 of title 31, United States Code.
`(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection, the term `appropriate congressional committees' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.'.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Authority- The Secretary of State is authorized to conduct a program to respond to contingencies in foreign countries or regions by providing training, procurement, and capacity-building of a foreign country's national military forces and dedicated counter-terrorism forces in order for that country to--
(1) conduct counterterrorist operations; or
(2) participate in or support military and stability operations in which the United States is a participant.
(b) Types of Capacity-Building- The program authorized under subsection (a) may include the provision of equipment, supplies, and training.
(c) Limitations-
(1) ANNUAL FUNDING LIMITATION- The Secretary of State may use up to $25,000,000 of funds available under the Foreign Military Financing program for each of the fiscal years 2009 and 2010 to conduct the program authorized under subsection (a).
(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of State may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.
(3) LIMITATION ON ELIGIBLE COUNTRIES- The Secretary of State may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
(d) Formulation and Execution of Activities- The Secretary of State shall consult with the head of any other appropriate department or agency in the formulation and execution of the program authorized under subsection (a).
(e) Congressional Notification-
(1) ACTIVITIES IN A COUNTRY- Not less than 15 days before obligating funds for activities in any country under the program authorized under subsection (a), the Secretary of State shall submit to the congressional committees specified in paragraph (3) a notice of the following:
(A) The country whose capacity to engage in activities in subsection (a) will be assisted.
(B) The budget, implementation timeline with milestones, and completion date for completing the activities.
(2) SPECIFIED CONGRESSIONAL COMMITTEES- The congressional committees specified in this paragraph are the following:
(A) The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(B) The Committee on Foreign Relations and the Committee on Appropriations of the Senate.
TITLE V--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 501. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant- The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) PAKISTAN- To the Government of Pakistan, the OLIVER HAZARD PERRY class guided missile frigate MCINERNEY (FFG-8).
(2) GREECE- To the Government of Greece, the OSPREY class minehunter coastal ships OSPREY (MHC-51) and ROBIN (MHC-54).
(3) CHILE- To the Government of Chile, the KAISER class oiler ANDREW J. HIGGINS (AO-190).
(4) PERU- To the Government of Peru, the NEWPORT class amphibious tank landing ships FRESNO (LST-1182) and RACINE (LST-1191).
(b) Grants Not Counted in Annual Total of Transferred Excess Defense Articles- The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of the Foreign Assistance Act of 1961.
(c) Costs of Transfers- Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient.
(d) Repair and Refurbishment in United States Shipyards- To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed before the vessel joins the naval forces of the recipient performed at a shipyard located in the United States, including a United States Navy shipyard.
(e) Expiration of Authority- The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of the enactment of this Act.