S.Amdt. 2708

SA 2708. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 end of subtitle A of title XII, add the following:

SEC. 1216. MISSILE TECHNOLOGY CONTROLS REGIME PROVISIONS.

(a) Modification of Certain Provisions Relating to
Bilateral Agreements and AUKUS Defense Trade Cooperation
Under the Arms Export Control Act.--Section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(1) in subsection (j)(1)(C)(ii)--
(A) by striking subclauses (I), (II), and (III); and
(B) by redesignating subclauses (IV), (V), (VI), and (VII)
as subclauses (I), (II), (III), and (IV), respectively; and
(2) in subsection (l)(4)(B), by striking ``subsection
(j)(1)(C)(ii)'' and inserting ``any of subclauses (I), (II),
(III), or (IV) of subsection (j)(1)(C)(ii)''.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on the following:
(A) The opportunities and challenges that United States
participation in the Missile Technology Control Regime create
in addressing missile proliferation threats, including a
comprehensive description of diplomatic and technical
engagements with allies and partners regarding MTCR
participation, guidelines, and standards.
(B) The opportunities and challenges United States
participation in the MTCR create regarding security
cooperation with allies and partners, including a
comprehensive description of diplomatic and technical
engagements with allies and partners regarding MTCR
participation, guidelines, and standards.
(C) An update on MTCR-related deliberations and engagements
specific to North Atlantic Treaty Organization (NATO) allies,
Australia, and other partners and allies in the Indo-Pacific,
including--
(i) technical consultations, diplomatic engagements, and
export control regime consultations and assistance; and
(ii) an enumeration of planned modifications to or
recommended changes to address the need for expedited sales
and transfer of MTCR-controlled systems to address threats to
United States national security, including in the Indo-
Pacific region.
(D) A detailed description and assessment of disinformation
and misinformation campaigns or activities seeking to
discredit or undermine global nonproliferation regimes,
including such campaigns or activities conducted by the
People's Republic of China, Iran, Russia, and North Korea and
their assessed impact on such regimes.
(E) A detailed description of Russia's efforts to disrupt
consensus based decisions at the MTCR.
(F) A detailed description and assessment of cooperation
between the People's Republic of China, Iran, Russia, and
North Korea relating to MTCR equipment or technologies.
(G) A comprehensive list, disaggregated by category of MTCR
equipment or technology, of all countries that have sought to
purchase MTCR equipment or technologies during the 10-year
period ending on the date of the enactment of this Act,
including--
(i) average time for an approval or disapproval decision;
(ii) reasoning and procedures that led to an approval or
disapproval decision; and
(iii) details about countries that have repeatedly overcome
the presumption of denial standard if and how the Department
of State expedited considerations for further requests.
(H) A comprehensive list, disaggregated by category of MTCR
equipment or technology, of United States persons that have
sought to export MTCR equipment or technologies to other
countries, including--
(i) average time for an approval or disapproval decision;
(ii) reasoning and procedures that led to an approval or
disapproval decision;
(iii) information on those United States persons who have
challenged any disapproval decision; and
(iv) a detailed explanation of the process United States
persons can follow to appeal a disapproval decision,
including a detailed licensing process that such persons
should expect to follow to in order to receive consideration
for an approval decision.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate; and
(2) the terms ``Missile Technology Control Regime'',
``MTCR'' and ``MTCR equipment or technology'' have the
meanings given those terms in section 74(a) of the Arms
Export Control Act (22 U.S.C. 2797c(a)).
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