S.Amdt. 518

SA 518. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REQUIREMENT FOR FOREIGN MILITARY FINANCING PROVIDED
AS GRANTS.

(a) In General.--Financing provided to a country or
international organization pursuant to the authority of
section 23 of the Arms Export Control Act (22 U.S.C. 2763)
for the procurement of defense articles, defense services,
and design and construction services shall be made available
on a grant basis.
(b) Waiver.--The President may waive the restriction in
subsection (a) in any fiscal year for any country or
international organization if the President first certifies
to the appropriate congressional committees that--
(1) the provision of such financing on any other basis to a
specific country or international organization will not
result in the refusal by such country or international
organization to procure United States defense articles,
defense services, or design and construction services through
such financing;
(2) if such financing is provided on a loan basis, the
country or international organization has sufficient funds to
repay such loan in a reasonable time, without causing an
impact on the services or activities of such country or
international organization provides to its citizens or
members, as the case may be; or
(3) there will be no impact on United States defense sector
jobs.
(c) Limitation.--The amounts of such financing to be
provided to each country shall be generally comparable to the
amount made available to such country for fiscal year 2017,
subject to appropriations, with the exception of Israel,
Egypt, Jordan, and Pakistan, unless the President certifies
to the appropriate congressional committees that the
different amount to be made available better serves the
national security and foreign policy interests of the United
States with respect to the United States relationship with
that country, including the rationale for such certification.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
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