[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6609 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6609
To amend the Arms Export Control Act to increase the dollar amount
thresholds under sections 3 and 36 of that Act relating to proposed
transfers or sales of defense articles or services under that Act, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2023
Mr. Waltz introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Arms Export Control Act to increase the dollar amount
thresholds under sections 3 and 36 of that Act relating to proposed
transfers or sales of defense articles or services under that 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.
This Act may be cited as the ``Foreign Military Sales Technical,
Industrial, and Governmental Engagement for Readiness Act'' or the
``TIGER Act''.
SEC. 2. INCREASE IN DOLLAR AMOUNT THRESHOLDS UNDER SECTIONS 3 AND 36 OF
THE ARMS EXPORT CONTROL ACT RELATING TO PROPOSED
TRANSFERS OR SALES OF DEFENSE ARTICLES OR SERVICES UNDER
THAT ACT.
The Arms Export Control Act is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraph (1)--
(i) by striking ``$14,000,000'' and
inserting ``$23,000,000''; and
(ii) by striking ``$50,000,0000'' and
inserting ``$83,0000,000''; and
(B) in paragraph (3)(A)--
(i) by striking ``$14,000,000'' and
inserting ``$23,000,000''; and
(ii) by striking ``$50,000,0000'' and
inserting ``$83,0000,000'';
(2) in section 36(b) (22 U.S.C. 2776(b))--
(A) in paragraph (1)--
(i) by striking ``$50,000,0000'' and
inserting ``$83,0000,000'';
(ii) by striking ``$200,000,000'' and
inserting ``$332,000,000''; and
(iii) by striking ``$14,000,000'' and
inserting ``$23,000,000'';
(B) in paragraph (5)(C)--
(i) by striking ``$14,000,000'' and
inserting ``$23,000,000'';
(ii) by striking ``$50,000,0000'' and
inserting ``$83,0000,000''; and
(iii) by striking ``$200,000,000'' and
inserting ``$332,000,000''; and
(C) in paragraph (6)--
(i) in subparagraph (A), by striking
``$25,000,000'' and inserting ``$42,000,000'';
(ii) in subparagraph (B), by striking
``$100,000,0000'' and inserting
``$166,000,000''; and
(iii) in subparagraph (C), by striking
``$300,000,000'' and inserting
``$500,000,000''; and
(3) in section 36(c) (22 U.S.C. 2776(c))--
(A) in paragraph (1)--
(i) by striking ``$14,000,000'' and
inserting ``$23,000,000''; and
(ii) by striking ``$50,000,0000'' and
inserting ``$83,0000,000''; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``$25,000,000'' and inserting ``$42,000,000'';
and
(ii) in subparagraph (B), by striking
``$100,000,0000'' and inserting
``$166,000,000''.
SEC. 3. ENHANCED REVIEW REQUIREMENTS OF CERTAIN PROPOSED TRANSFERS OR
SALES.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is
amended by adding at the end the following:
``(j) Enhanced Review Requirements of Certain Proposed Transfers or
Sales.--
``(1) In general.--In the case of a proposed transfer or
sale of defense articles or services under this Act that
exceeds the amount that is not less than three times the
applicable dollar amount threshold specified in section 3(d) or
subsection (b) or (c) of this section, the Secretary of State
shall--
``(A) consult with the Secretary of Defense and the
heads of other Federal agencies as appropriate, to--
``(i) review such proposed transfer or
sale; and
``(ii) submit to Congress a report on the
progress of the transfer or sale, and such
report may submitted in classified form; and
``(B) certify to Congress that the anticipated
delivery time of defense articles or services under
such proposed transfer or sale meets United States
foreign policy interests, or if the Secretary is unable
to make such certification, the reasons therefor.
``(2) Use of drawdown authority and special authorities.--
``(A) In general.--The Secretary of State shall, in
the case of a proposed transfer or sale of defense
articles or services under this Act described in
paragraph (1) that have not been delivered to the
recipient by the date that is 3 years after the date on
which notification of the transfer or sale was provided
to Congress, use the authorities of section 506(a)(1)
or 614(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2318(a)(1) or 2364(a)(1)) to complete the
transfer or sale.
``(B) Waiver.--The Secretary of State may waive the
requirement of subparagraph (A) to use the authorities
described in such subparagraph with respect to a
transfer or sale of defense articles or services if the
Secretary submits to Congress a report describing the
reasons for the waiver.''.
SEC. 4. SPECIAL DEFENSE ACQUISITION FUND.
Section 51 of the Arms Export Control Act (22 U.S.C. 2795), is
amended--
(1) in subsection (a)(1), by striking the second sentence;
and
(2) by adding at the end the following:
``(d) Transfer of Amounts Authorized.--
``(1) In general.--The Secretary of Defense is authorized
to transfer, from amounts authorized to be appropriated by this
and other Acts for the Department of Defense, to the Secretary
of State amounts to be available to carry out the functions of
the Fund.
``(2) Notice requirement.--The Secretary of Defense shall
notify the congressional defense committees (as such term is
defined in section 101 of title 10, United States Code) of a
proposed transfer of amounts under paragraph (1) not less than
15 days prior to making such transfer.
``(3) Inapplicability of reprogramming requirement.--The
authority to transfer amounts under paragraph (1) shall not be
subject to any reprogramming requirement under any other
provision of law.''.
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