HR 4246
110th CONGRESS
1st Session
H. R. 4246
To improve the performance of the defense trade controls functions
of the Department of State, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 15, 2007
Mr. SHERMAN (for himself, Mr. MANZULLO, Mr. CROWLEY, and Mr. BLUNT) introduced
the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To improve the performance of the defense trade controls functions
of the Department of State, 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 AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Defense Trade Controls
Performance Improvement Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 3. Strategic review and assessment of the United States export
controls system.
Sec. 4. Performance requirements in the processing of applications for
licenses to export or import items on the United States Munitions List.
Sec. 5. Requirement to ensure adequate staff and resources for the Directorate
of Defense Trade Controls of the Department of State.
Sec. 6. Audit by Government Accountability Office.
Sec. 7. Increased flexibility for use of defense trade controls registration
fees.
Sec. 8. Increased transparency through publication of licensing information.
Sec. 9. Control of items on Missile Technology Control Regime Annex.
Sec. 10. Waiver of licensing requirements for spare and replacement
parts or components and related services of defense items for exports
to NATO member states, Australia, Japan, and New Zealand.
Sec. 11. Availability of information on the status of license applications
under chapter 3 of the Arms Export Control Act.
Sec. 12. Export controls of civil aircraft products.
Sec. 14. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In a time of international terrorist threats and a dynamic global
economic and security environment, United States policy with regard
to export controls is in urgent need of a comprehensive review in order
to ensure such controls are protecting the national security and foreign
policy interests of the United States.
(2) In January 2007, the Government Accountability Office designated
the effective identification and protection of critical technologies
as a government wide, high-risk area, warranting a strategic re-examination
of existing programs to include those relating to arms export controls.
(3) Federal Government agencies must review licenses for the export
of munitions and dual-use items in a thorough and timely manner to ensure
that the United States is able to help its allies and to prevent nuclear
and conventional weapons from getting into the hands of our enemies.
(4) A Government Accountability Office report of October 9, 2001 (GAO-02-120),
documented ambiguous export control jurisdiction affecting 25 percent
of the items that the United States Government agreed to control as
part of its commitments to the Missile Technology Control Regime. More
than 6 years later, the Departments of Commerce and State have not clearly
determined which department has jurisdiction over these items, which
increases the risk that these items will fall into the wrong hands.
During both the 108th and 109th Congresses, the House of Representatives
passed legislation mandating that the Administration clarify this issue.
(5) Both the staffing and funding that relate to the Department of State's
arms export control responsibilities have not kept pace with the increased
workload relating to such responsibilities, especially over the last
five years.
(6) In the report to Congress required by the Conference Report (Report
109-272) accompanying the bill, H.R. 2862 (the Science, State, Justice,
Commerce and Related Agencies Appropriations Act, 2006; Public Law 109-108),
the Department of State concluded that--
(A) defense trade licensing has become much more complex in recent
years as a consequence of the increasing globalization of the defense
industry;
(B) the most important challenge to the Department of State's licensing
process has been the sheer growth in volume of applicants for licenses
and agreements, without the corresponding increase in licensing officers;
(C) fiscal year 2005 marked the third straight year of roughly 8 percent
annual increases in licensing volume;
(D) although an 8 percent increase in workload equates to a requirement
for three additional licensing officers per year, there has been no
increase in licensing officers during this period; and
(E) the increase in licensing volume without corresponding increase
in trained and experienced personnel has resulted in delays and increased
processing times.
(7) In 2006, the Department of State processed over three times as many
licensing applications as the Department of Commerce with about a fifth
of the staff of the Department of Commerce.
(8) On July 27, 2007, in testimony delivered to the Subcommittee on
Terrorism, Nonproliferation and Trade of the House Committee on Foreign
Affairs to examine the effectiveness of the United States export control
regime, the Government Accountability Office found that--
(A) despite the existence of known vulnerabilities, neither the Departments
of Commerce and State have conducted assessments to determine their
overall effectiveness in the area of arms export control;
(B) the initiatives of the Department of State to facilitate defense
trade by reducing the time it takes to process export license applications
have generally not been successful; and
(C) the processing times of the Department of State doubled over the
period from 2002 to 2006.
(9) At the end of 2006, the Department of State's backlog or open license
applications reached its highest level by exceeding 10,000 cases. This
resulted in major management and personnel challenges for the Department
of State's Directorate of Defense Trade Controls.
(10) Allowing a continuation of the status quo in resources for defense
trade licensing could ultimately harm the United States defense industrial
base. The 2007 Institute for Defense Analysis report entitled `Export
Controls and the U.S. Defense Industrial Base' found that the large
backlog and long processing times for Department of State processed
licenses led to an impairment of United States firms in some sectors
to conduct global business relative to foreign competitors. Additionally,
the report found that United States commercial firms have been reluctant
to engage in research and development activities for the Department
of Defense because this raises the future prospects that the products
based on this research and development, even if intrinsically commercial,
will be saddled by Department of State munitions controls due to the
link to that research.
(11) According to the Department of State's fiscal year 2008 budget
justification to Congress, commercial exports licensed or approved under
the Arms Export Control Act exceeded $30,000,000,000, with nearly eighty
percent of these items exported to United States NATO allies and other
major non-NATO allies. The inability of Federal Government agencies
to properly assess and categorize United States manufactured goods in
a timely and consistent manner hinders legitimate trade and exacerbates
the United States merchandise trade deficit, which reached $836,000,000,000
in 2006.
(12) The failure on the part of the Departments of Commerce and State
to assess the overall effectiveness of their export controls, combined
with the lack of resources dedicated to these efforts at the Department
of State, raises serious national and economic security concerns for
the United States that must be addressed expeditiously.
SEC. 3. STRATEGIC REVIEW AND ASSESSMENT OF THE UNITED STATES EXPORT
CONTROLS SYSTEM.
(a) Assessment- The Secretary of State, in coordination with the heads
of other Federal agencies (including relevant law enforcement agencies),
as appropriate, shall conduct a comprehensive and systematic review and
assessment of the United States export controls system in the context
of the strategic foreign policy objectives of the United States. Such
review and assessment shall determine the overall effectiveness of the
United States export controls system in order to, where appropriate, strengthen
controls, improve efficiency, and reduce unnecessary redundancies across
Federal Government agencies, through administrative actions, including
regulations, and to formulate legislative proposals for new authorities
that are needed.
(b) Report- Not later than one year after the date of the enactment of
this Act, the Secretary of State shall submit to the appropriate congressional
committees a report that contains the results of the review and assessment
conducted under subsection (a).
(c) Congressional Briefings- At the time the report required by subsection
(b) is submitted to the appropriate congressional committees in accordance
with such subsection, the Secretary of State (or the Secretary's designee)
shall brief the chairmen and ranking members of the appropriate congressional
committees on the matters contained in the report.
SEC. 4. PERFORMANCE REQUIREMENTS IN THE PROCESSING OF APPLICATIONS FOR
LICENSES TO EXPORT OR IMPORT ITEMS ON THE UNITED STATES MUNITIONS LIST.
(a) Requirements- The Secretary of State, acting through the Directorate
of Defense Trade Controls of the Department of State, shall ensure that--
(1) the average processing time for review and issuance or denial of
applications for licenses to export or import items on the United States
Munitions List that are not subject to the requirements of subsection
(b) or (c) of section 36 of the Arms Export Control Act (22 U.S.C. 2776)--
(A) to countries that are member states of the North Atlantic Treaty
Organization (NATO), Australia, Israel, Japan, and New Zealand is
not more than 20 days from receipt of application;
(B) to countries that are major non-NATO allies (other than major
non-NATO allies described in subparagraph (A)) is not more than 30
days from receipt of application; and
(C) to other eligible countries is not more than 60 days from receipt
of application; and
(2) prior to consultation with the appropriate congressional committees,
the average processing time for review of applications for licenses
to export or import items on the United States Munitions List that are
subject to the requirements of subsection (b) or (c) of section 36 of
the Arms Export Control Act (22 U.S.C. 2776)--
(A) to countries that are member states of the North Atlantic Treaty
Organization (NATO), Australia, Israel, Japan, and New Zealand is
not more than 40 days from receipt of application;
(B) to countries that are major non-NATO allies (other than major
non-NATO allies described in subparagraph (A)) is not more than 60
days from receipt of application; and
(C) to other eligible countries is not more than 120 days from receipt
of application;
(3) the average processing time for review and determinations of commodity
jurisdiction requests is not more than 60 days;
(4) the average processing time for review and determinations of technical
assistance agreements is not more than 120 days;
(5) at no time does the Directorate of Defense Trade Controls have more
than 2,000 open applications for licenses to export or import items
on the United States Munitions List; and
(6) applications for licenses to export or import items on the United
States Munitions List that are returned without action or denied are
periodically reviewed by the Managing Director of the Directorate of
Defense Trade Controls to ensure such decisions are consistent with
both policy and regulatory requirements of the Department of State.
(b) Statement of Policy- Congress states that it shall be the policy of
the Directorate of Defense Trade Controls of the Department of State to
ensure that, to the maximum extent practicable, the average processing
time for review and issuance or denial of applications for licenses to
export or import items on the United States Munitions List that are not
subject to the requirements of subsection (b) or (c) of section 36 of
the Arms Export Control Act (22 U.S.C. 2776) to United States NATO allies
and major non-NATO allies in direct support of combat operations or peacekeeping
or humanitarian operations with United States Armed Forces is not more
than seven calendar days from receipt of application.
(c) Determination of Average Processing Time- The Secretary of State shall
determine the average processing times established under subsections (a)
and (b) on the basis of the volume of applications received by the Directorate
of Defense Trade Controls during the immediately preceding 6-month period.
(d) Congressional Briefings- If, at the end of any month--
(1) the average processing times for review and issuance or denial of
applications for licenses to export or import items under any category
of the United States Munitions List is in excess of the times specified
in subparagraphs (A), (B), and (C) of paragraphs (1) and (2) of subsection
(a),
(2) the average processing time for review and determinations of commodity
jurisdiction requests is more than 60 days as described in subsection
(a)(3), or
(3) the Directorate of Defense Trade Controls has more than 2,000 open
applications as described in subsection (a)(5),
the Secretary of State, acting through the Undersecretary for Arms Control
and International Affairs, the Assistant Secretary for Political and Military
Affairs, or the Deputy Assistant Secretary for Defense Trade Controls
of the Department of State, shall brief the appropriate congressional
committees on such matters and the corrective measures that the Directorate
of Defense Trade Controls will take to comply with the requirements of
subsection (a).
(e) Congressional Report- If the processing time for review and determination
of a commodity jurisdiction request is more than 120 days, the Secretary
of State shall submit to the appropriate congressional committees a report
that describes the request and the reasons for the extended duration of
the processing time of the request.
(f) Review and Assessment of Comprehensive Defense Trade Security Initiatives-
(1) REVIEW AND ASSESSMENT- The Secretary of State, in coordination with
the heads of other relevant Federal departments and agencies, shall
review each of the Department of State's Comprehensive Defense Trade
Security Initiative's export authorizations described in paragraph (2)
and assess the effectiveness of each such authorization, including the
extent to which the authorization is utilized and is achieving the initiative's
stated objectives. This review should also assess how well such authorizations
are supporting defense cooperation and interoperability with United
States allies and partners by permitting timely sharing of technology,
maintenance information, and spare parts and components for cooperative
defense programs.
(2) COMPREHENSIVE DEFENSE TRADE SECURITY INITIATIVES- The Comprehensive
Defense Trade Security Initiative's export authorizations referred to
in paragraph (1) are the following:
(A) MAJOR PROJECT AUTHORIZATION- Comprehensive authorization for a
range of export activities between a single registered United States
exporter, as original equipment manufacturer, and a foreign company
or government, including integration, codevelopment, or production.
(B) MAJOR PROGRAM AUTHORIZATION- Comprehensive authorization for a
range of export activities for a principal registered contractor covering
all aspects of a commercial project with a foreign company or government,
including participation by multiple subcontractors and exporters,
such as a transaction for a foreign government's purchase of a United
States major weapons system.
(C) GLOBAL PROJECT AUTHORIZATION- Comprehensive authorization for
a United States exporter to carry out broad range of activities associated
with a cooperative project pursuant to a government -to-government
agreement.
(3) REPORT- Not later than 180 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report that contains the results of the review
and assessment conducted under paragraph (1) and recommendations based
on the review and assessment of any needed improvements.
(g) Rule of Construction- Nothing in this section shall be construed to
prohibit the President or Congress from undertaking a thorough review
of the national security and foreign policy implications of a proposed
export or import of items on the United States Munitions List.
SEC. 5. REQUIREMENT TO ENSURE ADEQUATE STAFF AND RESOURCES FOR THE DIRECTORATE
OF DEFENSE TRADE CONTROLS OF THE DEPARTMENT OF STATE.
(a) Requirement- The Secretary of State shall ensure that the Directorate
of Defense Trade Controls of the Department of State has the necessary
staff and resources to carry out this Act and the amendments made by this
Act.
(b) Minimum Number of Licensing Officers- The Secretary of State shall
ensure that the Directorate of Defense Trade Controls has not less than
the following number of licensing officers for the following fiscal years:
(1) 60 licensing officers for fiscal year 2009.
(2) 70 licensing officers for fiscal year 2010.
(3) An appropriate number of licensing officers so that the ratio between
the number of licensing officers to the estimated number of applications
for licenses to export or import items on the United States Munitions
List for fiscal year 2011 and each subsequent fiscal year is not less
than 1 to 1,250.
(c) Minimum Number of Staff for Commodity Jurisdiction Requests- For each
of the fiscal years 2009 through 2011, the Secretary of State shall ensure
that the Directorate of Defense Trade Controls has not less than three
individuals assigned to review and make determinations of commodity jurisdiction
requests.
SEC. 6. AUDIT BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Audit- Not later than end of each of the fiscal years 2009 through
2011, the Comptroller General shall conduct an independent audit to determine
whether or not the Department of State is meeting the requirements of
sections 4 and 5 of this Act.
(b) Report- The Comptroller General shall submit to the appropriate congressional
committees a report that contains the result of each audit conducted under
subsection (a).
SEC. 7. INCREASED FLEXIBILITY FOR USE OF DEFENSE TRADE CONTROLS REGISTRATION
FEES.
Section 45 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717) is amended--
(1) in the first sentence, by striking `Office' and inserting `Directorate';
and
(2) in the second sentence, to read as follows: `Fees credited to that
account shall be available only for payment of expenses incurred for
management, licensing, compliance, and policy activities of defense
trade controls functions. In allocating fees for payment of expenses
described in the preceding sentence, the Secretary of State shall accord
the highest priority to payment of expenses incurred for personnel of
the Directorate of Defense Trade Controls, including payment of expenses
incurred to meet the requirements of section 5 of the Defense Trade
Controls Performance Improvement Act of 2007 (relating to adequate staff
and resources of the Directorate of Defense Trade Controls).'.
SEC. 8. INCREASED TRANSPARENCY THROUGH PUBLICATION OF LICENSING INFORMATION.
(a) Status of Applications- The Directorate of Defense Trade Controls
shall establish a secure Internet-based system for tracking the progress
of applications for licenses to export or import items on the United States
Munitions List so that applicants can track the status of their applications.
(b) Other Information- Beginning not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall publish on
the Internet website of the Department of State, and update as appropriate--
(1) information concerning the average processing times, by category,
and the number of open applications, as required by section 4 of this
Act; and
(2) information concerning staff and resources of the Directorate of
Defense Trade Controls of the Department of State, including the number
of licensing officers, as required by section 5 of this Act.
SEC. 9. CONTROL OF ITEMS ON MISSILE TECHNOLOGY CONTROL REGIME ANNEX.
(a) Control of Items on MTCR Annex- The Secretary of State, in coordination
with the Secretary of Commerce, the Secretary of Defense, and the heads
of other federal agencies, as appropriate, shall ensure that all items
on the Missile Technology Control Regime Annex are subject to stringent
control by the Government of the United States pursuant to the International
Traffic in Arms Regulations and the Export Administration Regulations.
(b) Certification- Not later than 180 days after the date of the enactment
of this Act, the Secretary of State, in coordination with the Secretary
of Commerce, the Secretary of Defense, and the heads of other federal
agencies, as appropriate, shall submit to the appropriate congressional
committees a report that contains--
(1) a certification that the requirement of subsection (a) has been
met, or if the requirement has not been met, the reasons therefore;
and
(2) a description of the updated coverage, if any, of the regulations
referred to in subsection (a) with respect to all items on the MTCR
Annex and an explanation of any areas of overlap or omissions, if any,
among the regulations.
SEC. 10. WAIVER OF LICENSING REQUIREMENTS FOR SPARE AND REPLACEMENT
PARTS OR COMPONENTS AND RELATED SERVICES OF DEFENSE ITEMS FOR EXPORTS
TO NATO MEMBER STATES, AUSTRALIA, JAPAN, AND NEW ZEALAND.
(a) In General- Section 38(j) of the Arms Export Control Act (22 U.S.C.
2778(j)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph:
`(4) WAIVER OF LICENSING REQUIREMENTS FOR SPARE AND REPLACEMENT PARTS
OR COMPONENTS AND RELATED SERVICES OF DEFENSE ITEMS FOR EXPORTS TO NATO
MEMBER STATES, AUSTRALIA, JAPAN, AND NEW ZEALAND-
`(A) WAIVER- (i) Subject to subparagraph (B), the President shall
waive the licensing requirements of this Act for exports of spare
and replacement parts or components and related services of defense
items exported to NATO member states, Australia, Japan, and New Zealand.
`(ii) A waiver may be issued under this subparagraph only if--
`(I) the export of spare and replacement parts or components and
related services--
`(aa) supports a defense item previously lawfully exported;
`(bb) is a one-for-one replacement of the spare and replacement
parts or components and related services; and
`(cc) is limited to destruction or return of the replaced part
or component and documentation of the process;
`(II) the spare and replacement parts or components and related
services will be transferred to a defense agency of a country described
in clause (i) that is a previously approved end-user of the defense
items and not to a distributor of such defense items;
`(III) the spare and replacement parts or components and related
services will not to be used to enhance, optimize, or otherwise
upgrade the capability of the defense items; and
`(IV) the spare and replacement parts or components and related
services relate to a defense item that is owned, operated, and in
the inventory of the armed forces a country described in clause
(i).
`(iii) For purposes of this paragraph, the term `defense items' has
the meaning given the term in paragraph (5) of this subsection, except
that such term does not include items on the list referred to in subsection
(a)(1) of this section that are significant military equipment or
items on the Missile Technology Control Regime Annex (as such term
is defined in section 11B(c)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(c)(4))).
`(B) EXCEPTION- The President is authorized to not issue a waiver
under subparagraph (A) with respect to a country described in such
subparagraph if the President determines that it is in the national
security interests of the United States to do so.
`(C) INAPPLICABILITY TO RE-EXPORTS AND RE-TRANSFERS- The provisions
of this paragraph shall not apply with respect to re-exports or re-transfers
of spare and replacement parts or components and related services
of defense items described in subparagraph (A).
`(D) ADVANCE NOTIFICATION AND DISAPPROVAL PROVISIONS- Every person
who seeks to export spare and replacement parts or components and
related services of defense items described in subparagraph (A)--
`(i) shall, not less than 5 days prior to the export of such parts,
components, and services, notify the Secretary of State of the type,
number, and monetary value of such parts, components, and services;
and
`(ii) may export such parts, components, and services only if the
Secretary of State does not disapprove the export of such parts,
components, and services during such 5-day period.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
on October 1, 2008.
SEC. 11. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE APPLICATIONS
UNDER CHAPTER 3 OF THE ARMS EXPORT CONTROL ACT.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is amended
by inserting after section 38 the following new section:
`SEC. 38A. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE APPLICATIONS
UNDER THIS CHAPTER.
`(a) Availability to Congress- Not later than six months after the date
of the enactment of the Defense Trade Controls Performance Improvement
Act of 2007, the President shall make available to the congressional committees
of jurisdiction the ability to access electronically, by secure means,
current information on the status of all license applications required
to be submitted under this chapter.
`(b) Matters To Be Included- The information described in subsection (a)
shall include, but is not limited to, the following:
`(1) The date on which each license is received by the Department of
State and becomes an `open application'.
`(2) The date on which the Directorate of Defense Trade Controls makes
a determination with respect to each license or sends it out for interagency
review, if required.
`(3) The date on which the interagency review process for each license
is completed, if such a review process is required.
`(4) The date on which each license is sent to the Bureau of Legislative
Affairs of the Department State for action.
`(5) The date on which the Bureau of Legislative Affairs of the Department
of State begins consultations with the congressional committees of jurisdiction
with respect to each license.
`(6) The date on which each license is formally sent to the congressional
committees of jurisdiction.
`(c) Availability to United States Exporters- No later than 12 months
after the date of the enactment of the Defense Trade Controls Performance
Improvement Act of 2007, the President shall make available to each United
States exporter, through secure electronic means, the information described
in subsection (b) with respect to each license that such exporter has
submitted pursuant to this chapter.'.
SEC. 12. EXPORT CONTROLS OF CIVIL AIRCRAFT PRODUCTS.
(a) Export Controls Under Jurisdiction of Department of Commerce- Subject
to subsections (b), (c), and (d), any civil aircraft product that was
included in the type design of a type certificate for a civil aircraft
issued by the Federal Aviation Administration under part 21 of title 14,
Code of Federal Regulations, on or before the date of the enactment of
this Act, shall be subject to the exclusive jurisdiction of the Department
of Commerce and shall not be subject to controls under section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
(b) Revision To Export Controls- Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Commerce shall promulgate regulations and publish in the Federal Register
amendments, as appropriate, to the Commerce Control List or the United
States Munitions List, or both, specifying any civil aircraft product
described in subsection (a) that requires additional or different export
controls than the export controls described in such subsection.
(c) Export Controls Under Jurisdiction of Department of State- Any civil
aircraft product that has a lethal military end-use, is currently subject
to a license issued by the Department of State, is determined to be subject
to the jurisdiction of the Department of State as a result of a commodity
jurisdiction determination, or is an anti-missile defense item, including
a special mission system installed on United States commercial aircraft
for anti-missile defense, shall be subject to the jurisdiction of the
Department of State unless determined otherwise by the Secretary of State.
(d) Waiver- The President shall waive the application of any provision
of this section with respect to any civil aircraft product for which the
President determines that exercising such waiver is in the national security
interests of the United States.
(e) Civil Aircraft Product Defined- In this section, the term `civil aircraft
product' means--
(1) a Class I product, Class II product, or Class III product, as defined
in section 21.321(b) of title 14, Code of Federal Regulations (as in
effect on June 1, 2007); and
(2) any part, component, or related technical data of a product described
in paragraph (1).
SEC. 13. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) EXPORT ADMINISTRATION REGULATIONS- The term `Export Administration
Regulations' means those regulations contained in sections 730 through
774 of title 15, Code of Federal Regulations (or successor regulations).
(3) COMMERCE CONTROL LIST- The term `Commerce Control List' means the
list maintained under part 774 of title 15, Code of Federal Regulations.
(4) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS- The term `International
Traffic in Arms Regulations' means those regulations contained in sections
120 through 130 of title 22, Code of Federal Regulations (or successor
regulations).
(5) MAJOR NON-NATO ALLY- The term `major non-NATO ally' means a country
that is designated in accordance with section 517 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the
Arms Export Control Act (22 U.S.C. 2751 et seq.).
(6) MISSILE TECHNOLOGY CONTROL REGIME; MTCR- The term `Missile Technology
Control Regime' or `MTCR' has the meaning given the term in section
11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).
(7) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX- The term `Missile
Technology Control Regime Annex' or `MTCR Annex' has the meaning given
the term in section 11B(c)(4) of the Export Administration Act of 1979
(50 U.S.C. App. 2401b(c)(4)).
(8) TECHNICAL ASSISTANCE AGREEMENT- The term `technical assistance agreement'
means an agreement described in section 120.22 of title 22, Code of
Federal Regulations (or successor regulations).
(9) UNITED STATES MUNITIONS LIST- The term `United States Munitions
List' means the list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
for fiscal year 2009 and each subsequent fiscal year to carry out this
Act and the amendments made by this Act.
END
