US Codex
Pub. L.
Notes

Title II — Additional Provisions

113th Congress · Approved Dec 18, 2014 · 128 Stat. 2989

TITLE II Additional Provisions

SEC. 201. Enhanced Congressional Oversight of Arms Sales, Including to the Middle East.

Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection:

“(i) Prior Notification of Shipment of Arms.—At least 30 days prior to a shipment of defense articles subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”

SEC. 202. Increase in Annual Limitation on Transfer of Excess Defense Articles.

Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking “ $425,000,000” and inserting “ $500,000,000”.

SEC. 203. Integrated Air and Missile Defense Programs at Training Locations in Southwest Asia.

Section 544(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)) is amended by adding at the end the following new paragraph:

“(4) The President shall report to the appropriate congressional committees (as defined in section 656(e)) annually on the activities undertaken in the programs authorized under this subsection.”

SEC. 204. Licensing of Certain Commerce-Controlled Items.

Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following new subsection:

“(k) Licensing of Certain Commerce-Controlled Items.—

“(1) In general.—A license or other approval from the Department of State granted in accordance with this section may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List.

“(2) Other requirements.—The following requirements shall apply with respect to a license or other approval to authorize the export of items subject to the Export Administration Regulations under paragraph (1):

“(A) Separate approval from the Department of Commerce shall not be required for such items if such items are approved for export under a Department of State license or other approval.

“(B) Such items subject to the Export Administration Regulations that are exported pursuant to a Department of State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to any subsequent transactions.

“(C) The inclusion of the term ‘subject to the EAR’ or any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such items.

“(3) Definition.—In this subsection, the term ‘Export Administration Regulations’ means—

“(A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

“(B) any successor regulations.”

SEC. 205. Amendments Relating to Removal of Major Defense Equipment from United States Munitions List.

(a)
Requirements for Removal of Major Defense Equipment From United States Munitions List.— Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) is amended by adding at the end the following:

“(5)

(A) Except as provided in subparagraph (B), the President shall take such actions as may be necessary to require that, at the time of export or reexport of any major defense equipment listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, the major defense equipment will not be subsequently modified so as to transform such major defense equipment into a defense article.

“(B) The President may authorize the transformation of any major defense equipment described in subparagraph (A) into a defense article if the President—

“(i) determines that such transformation is appropriate and in the national interests of the United States; and

“(ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate consistent with the notification requirements of section 36(b)(5)(A) of this Act.

“(C) In this paragraph, the term ‘defense article’ means an item designated by the President pursuant to subsection (a)(1).”

(b)
Notification and Reporting Requirements for Major Defense Equipment Removed From United States Munitions List.— Section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)), as amended by this section, is further amended by adding at the end the following:

“(6) The President shall ensure that any major defense equipment that is listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations, shall continue to be subject to the notification and reporting requirements of the following provisions of law:

“(A) Section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)).

“(B) Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415).

“(C) Section 3(d)(3)(A) of this Act.

“(D) Section 25 of this Act.

“(E) Section 36(b), (c), and (d) of this Act.”

SEC. 206. Amendment to Definition of “security Assistance” under the Foreign Assistance Act of 1961.

Section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)) is amended—
(1)
in paragraph (1), by striking “ and” at the end; and
(2)
by amending paragraph (2)(C) to read as follows:

“(C) any license in effect with respect to the export to or for the armed forces, police, intelligence, or other internal security forces of a foreign country of—

“(i) defense articles or defense services under section 38 of the Armed Export Control Act (22 U.S.C. 2778); or

“(ii) items listed under the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations;”

SEC. 207. Amendments to Definitions of “defense Article” and “defense Service” under the Arms Export Control Act.

Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is amended—
(1)
in the matter preceding subparagraph (A) of paragraph (3), by striking “ includes” and inserting “ means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States”; and
(2)
in paragraph (4), by striking “ includes” and inserting “ means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States,”.

SEC. 208. Technical Amendments.

(a)
In General.— The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended—
(1)
in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by striking “ the Speaker of the House of Representatives and” each place it appears and inserting “ the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and”;
(2)
in section 21(i)(1) by inserting after “ the Speaker of the House of Representatives” the following “ , the Committees on Foreign Affairs and Armed Services of the House of Representatives,”;
(3)
in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), by striking “ International Relations” each place it appears and inserting “ Foreign Affairs”;
(4)
in sections 27(f) and 62(a), by inserting after “ the Speaker of the House of Representatives,” each place it appears the following: “ the Committee on Foreign Affairs of the House of Representatives,”; and
(5)
in section 73(e)(2), by striking “ the Committee on National Security and the Committee on International Relations of the House of Representatives” and inserting “ the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives”.
(b)
Other Technical Amendments.—
(1)
Arms export control act.— The Arms Export Control Act (22 U.S.C. 2751 et seq.), as amended by subsection (a), is further amended—
(A)
in section 38—
(i)
in subsection (b)(1), by redesignating the second subparagraph (B) (as added by section 1255(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 101 Stat. 1431)) as subparagraph (C);
(ii)
in subsection (g)(1)(A)—
(I)
in clause (xi), by striking “ ; or” and inserting “ , or”; and
(II)
in clause (xii)—
(aa)
by striking “ section” and inserting “ sections”; and
(bb)
by striking “ (18 U.S.C. 175b)” and inserting “ (18 U.S.C. 175c)”; and
(iii)
in subsection (j)(2), in the matter preceding subparagraph (A), by inserting “ in” after “ to”; and
(B)
in section 47(2), in the matter preceding subparagraph (A), by striking “ sec. 21(a),,” and inserting “ section 21(a),”.
(2)
Foreign assistance act of 1961.— Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended—
(A)
in subsection (b), by striking “ Wherever applicable, a description” and inserting “ Wherever applicable, such report shall include a description”; and
(B)
in subsection (d)(2)(B), by striking “ credits” and inserting “ credits)”.

SEC. 209. Application of Certain Provisions of Export Administration Act of 1979.

(a)
Protection of Information.— Section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) has been in effect from August 20, 2001, and continues in effect on and after the date of the enactment of this Act, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and notwithstanding section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419). Section 12(c)(1) of the Export Administration Act of 1979 is a statute covered by section 552(b)(3) of title 5, United States Code.
(b)
Termination Date.— Subsection (a) terminates at the end of the 4-year period beginning on the date of the enactment of this Act.