[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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