International Traffic in Arms Regulations Licensing Reform Act
Officially: “International Traffic in Arms Regulations Licensing Reform Act” Read the full text
What it does
Read it in plain language
1Short title
This section gives the Act its short title, the International Traffic in Arms Regulations Licensing Reform Act. It does not create any legal requirement on its own.
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1. Short title This Act may be cited as the International Traffic in Arms Regulations Licensing Reform Act .
2List of countries and end-users to receive priority for direct commercial sales
This section would require the Secretary of State, not later than 90 days after the Act is enacted, to develop and maintain a list of countries and end-users for which expedited decision-making on applications to license the export of defense articles and defense services is vital to the national security of the United States, consistent with the Arms Export Control Act and other applicable law. Not later than 30 days after that list is developed, and every year after that, the Secretary of State would have to submit an updated copy of the list to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
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2. List of countries and end-users to receive priority for direct commercial sales (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and maintain a list of countries and end-users with respect to which expedited decision-making for applications for licenses for the export of defense articles and defense services is vital to the national security of the United States, consistent with the requirements of the Arms Export Control Act and other applicable provisions of law. (b) Submission to Congress Not later than 30 days after the development of the list required by subsection (a), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate an updated copy of the list.
3Decision-making process for applications for direct commercial sales
This section would require that, not later than 30 days after the Secretary of State publishes the list required by section 2, the Secretary of State, in coordination with the Secretary of Defense, start a rulemaking process to set an expedited timeline for deciding applications under the Arms Export Control Act to export defense articles or defense services to the countries or end-users on that list, and a fixed timeline for deciding all other applications to export such items. To the maximum extent practicable, the timelines set by that rulemaking would have to provide that an application to export defense articles or defense services to a listed country or end-user is approved, returned, or denied not later than 45 days after it is submitted to the Secretary; that an application to export defense articles or defense services to any country or end-user is approved, returned, or denied not later than 60 days after it is submitted; and that both of these deadlines may be suspended if necessary, either (1) for the time periods specified in subsection (b), (c), or (d) of section 36 of the Arms Export Control Act, during which Congress may enact a joint resolution prohibiting approval of the application, or (2) for as long as needed to receive a decision from the Secretary of Defense on an application that requires Department of Defense approval, including technology security and foreign disclosure release determinations.
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3. Decision-making process for applications for direct commercial sales Not later than 30 days after the date on which the Secretary of State publishes the list required by section 2, the Secretary, in coordination with the Secretary of Defense, shall initiate a rulemaking process to establish an expedited timeline for the decision-making process with respect to applications to export defense articles or defense services under the Arms Export Control Act to countries or end-users identified by such list and a fixed timeline for decisions for all other applications for such exports. The timelines so established shall provide that, to the maximum extent practicable— (1) an application to export defense articles or defense services to a listed country or end-user shall be approved, returned, or denied not later than 45 days after the date on which the application is submitted to the Secretary; (2) an application to export defense articles or defense services to any country or end-user shall be approved, returned, or denied not later than 60 days after the date on which the application is submitted to the Secretary; and (3) the deadlines described in paragraphs (1) and (2) may be suspended with respect to an application if necessary— (A) for applicable time periods specified in subsection (b), (c), or (d) of section 36 of such Act, during which Congress may enact a joint resolution prohibiting the approval of such application; or (B) for such time as may be required to receive a decision from the Secretary of Defense with respect to an application that is subject to approval by the Department of Defense, including technology security and foreign disclosure release determinations.
4Reports
This section would require the Secretary of State to submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, twice a year, a report, which may be submitted in classified form, that identifies each application to export defense articles or defense services during the preceding 180-day period for which the time to reach a decision exceeded the deadline described in section 3(1) or 3(2). For each application identified, the report would have to include the defense articles or defense services included in the application; the recipient country, end-user, and any corporate entities involved in the application; whether the United States had previously exported similar defense articles or defense services to the recipient country or end-user; a justification for the delay in reaching a decision on the application; and, if the application is still pending as of the date the report is submitted, the anticipated timeline for reaching a decision.
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4. Reports (a) In general The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on a semi-annual basis a report, which may be submitted in classified form, that identifies each application to export defense articles or defense services during the preceding 180-day period with respect to which the time to reach a decision exceeded the applicable deadline described in section 3(1) or 3(2). (b) Matter To be included The report required by this section shall also include the following information with respect to each application so identified: (1) The defense articles or defense services included in the application. (2) The recipient country, end-user, and any corporate entities involved in the application. (3) Whether the United States has previously exported similar defense articles or defense services to the recipient country or end-user. (4) A justification for the delay in reaching a decision with respect to the application. (5) The anticipated timeline for reaching a decision with respect to the application, if still pending as of the date of the submission of the report.
Where it is
In the House.