H.R. 4215

119th CONGRESS 1st Session

To require the Secretary of State to promulgate expedited and fixed timelines for the decision-making process to license the export of certain defense articles and defense services, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Table of contents

• H.R. 4215
  • SEC. 1. Short title
  • SEC. 2. List of countries and end-users to receive priority for direct commercial sales
  • SEC. 3. Decision-making process for applications for direct commercial sales
  • SEC. 4. Reports

SEC. 1. Short title

• This Act may be cited as the International Traffic in Arms Regulations Licensing Reform Act.

SEC. 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.

SEC. 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—
  • 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;
  • 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
  • the deadlines described in paragraphs (1) and (2) may be suspended with respect to an application if necessary—
    • 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
    • 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.

SEC. 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:
    • 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 has previously exported similar defense articles or defense services to the recipient country or end-user.
    • A justification for the delay in reaching a decision with respect to the application.
    • 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.