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Revises several dollar thresholds under the Arms Export Control Act that trigger congressional notification and review, directs the State Department Office of Inspector General to report on any use of payment structures intended to evade those thresholds, makes it unlawful for federal employees to structure (or attempt to structure) transfers of defense articles or services to avoid reporting obligations, and requires removal and a $100,000 civil fine for State Department employees who knowingly do so.
Amend 22 U.S.C. 2753(d)(1)(i): replace the amount '4,000,000' with '3,000,000'.
Amend 22 U.S.C. 2753(d)(1)(ii): replace the amount '$50,000,0000' with '$83,000,000'.
Amend 22 U.S.C. 2753(d)(3)(A)(i): replace the amount '4,000,000' with '3,000,000'.
Amend 22 U.S.C. 2753(d)(3)(A)(ii): replace the amount '$50,000,0000' with '$83,000,000'.
Amend 22 U.S.C. 2776(b)(1)(i): replace the amount '$50,000,0000' with '$83,000,000'.
Who is affected and how:
Department of State employees: Face the most direct consequences. Those who knowingly structure transfers to avoid congressional notification must be removed from federal employment and face a $100,000 civil penalty. All State staff handling defense transfers will need stronger compliance practices and training.
Federal employees generally: The bill makes it unlawful for any federal employee (not just State Department staff) to intentionally or knowingly structure or assist structuring transfers of defense articles or services to evade reporting thresholds, exposing them to legal and administrative consequences (with specified employment-removal and civil fine authority targeted at State employees).
Exporters, applicants for export licenses, and defense industry participants: Must track the revised statutory dollar thresholds to determine when congressional notification and review apply. Changing amounts can expand or narrow when notifications are required, affecting transaction timing, contract structuring, and compliance checks.
Congress and oversight bodies: Gain an OIG reporting requirement that may reveal structured evasion schemes and inform legislative or oversight action; congressional committees will receive more information on potential avoidance of notification rules.
Foreign recipients and intermediaries: Transactions intended to sidestep U.S. notification may become riskier and more scrutinized; foreign purchasers and intermediaries may see delays or additional paperwork if transactions fall within revised thresholds.
Overall effect: The bill clarifies and tightens oversight of how defense articles and services are transferred, aims to close loopholes by criminalizing or prohibiting structuring to avoid review, and adds explicit employment and civil penalties for State Department personnel who knowingly engage in evasion. It increases compliance burdens but strengthens congressional visibility into defense transfers.
Amends section 3(d) by replacing specified dollar thresholds in paragraph (1) and paragraph (3)(A): replaces 4,000,000 with 3,000,000 and replaces a prior $50,000,000 threshold with $83,000,000.
Amends section 36(b) and section 36(c) by revising multiple dollar thresholds in paragraph (1), paragraph (5)(C), paragraph (6) of subsection (b), and paragraph (1) and paragraph (5) of subsection (c). Changes include inserting $83,000,000, $332,000,000, $42,000,000, $66,000,000, $500,000,000 and replacing earlier numeric thresholds (including 4,000,000, 5,000,000 and $300,000,000) as specified.
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Referred to the House Committee on Foreign Affairs.
Introduced May 1, 2025 by Warren Davidson · Last progress May 1, 2025
Referred to the House Committee on Foreign Affairs.
Introduced in House