S.Amdt. 3375

SA 3375. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 E of title XII, insert the
following:

SEC. 12__. MODIFICATION OF DEADLINES FOR RESPONSES TO LETTERS
FOR REQUEST.

(a) Letters of Request for Pricing and Availability.--The
Secretary of Defense shall seek to ensure that an eligible
foreign purchaser that has submitted a letter of request for
pricing and availability data receives a response to the
letter not later than

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45 days after the date on which the letter is received by a
United States security cooperation organization.
(b) Letters of Request for Letters of Offer and
Acceptance.--
(1) In general.--Subject to paragraph (3), the Secretary of
Defense shall seek to ensure that an eligible foreign
purchaser that has submitted a letter of request for a letter
of offer and acceptance receives a response--
(A) in the case of a letter of request for a blanket-order
letter of offer and acceptance, cooperative logistics supply
support arrangements, or associated amendments and
modifications, not later than 45 days after the date on which
the letter of request is received by a United States security
cooperation organization;
(B) in the case of a letter of request for a defined-order
letter of offer and acceptance or associated amendments and
modifications, not later than 100 days after such date; and
(C) in the case of a letter of request for a defined-order
letter of offer and acceptance or associated amendments that
involve extenuating factors, as approved by the Director of
the Defense Security Cooperation Agency, not later than 150
days after such date.
(2) Limitation on use of case development holds.--
(A) In general.--The Secretary of Defense shall take steps
to limit the instances in which the development of a letter
of acceptance is placed on hold to such instances in which
there are extenuating factors that meet the criteria set
forth in section C5.4.2.1. of the Security Assistance
Management Manual of the Defense Security Cooperation Agency.
(B) Report.--
(i) In general.--Not less frequently than annually, the
Secretary of Defense shall submit to Congress a report
detailing letter of acceptance development statistics for
cases that meet congressional notification thresholds.
(ii) Elements.--Each report required by clause (i) shall
set forth relevant price and availability data and letter of
acceptance response statistics at the Department of Defense
level, the implementing agency level, the program executive
office level, and the program office level, including, for
the period covered by the report--

(I) overall development timelines for letters of
acceptance, disaggregated by category;
(II) the number of times the Department, implementing
agency, program executive office, or program office, as
applicable, failed to offer a letter of acceptance to the
eligible foreign purchaser within the applicable timelines
set forth in paragraph (1);
(III) of the total number of letters of acceptance
developed, the percentage that did not result in an offer of
a letter of acceptance within such timelines;
(IV) the number of times a letter of acceptance hold was
requested, the number of times such a hold was approved by
the Defense Security Cooperation Agency, and the associated
category of extenuating factor, as specified in the Security
Assistance Management Manual of the Defense Security
Cooperation Agency;
(V) the number of letter of acceptance offers that resulted
in an implemented foreign military sales case; and
(VI) of the total number of letters of acceptance
developed, the percentage that resulted in an implemented
foreign military sales case.

(3) Limitation on deferral of acceptance or recognition.--A
security cooperation organization--
(A) shall not defer acceptance or recognition of a letter
of request for a letter of offer and acceptance based on
incomplete or unclear information other than the information
required by table 3A of chapter 5 of the Security Assistance
Management Manual of the Defense Security Cooperation Agency;
and
(B) shall obtain any additional information or
clarification required as part of the foreign military sales
case development process initiated on receipt of a such a
letter from an eligible foreign purchaser.
(c) Deadlines.--
(1) Department of state policy reviews of proposed foreign
military sales and direct commercial sales.--
(A) Initiation of policy reviews.--
(i) In general.--The Secretary of State shall initiate a
policy review of a proposed foreign military sale or proposed
direct commercial sale--

(I) on receipt of a letter of request from an eligible
foreign purchaser for such a transfer;
(II) at the request of a United States Embassy security
cooperation office in anticipation of a such a letter of
request; or
(III) in response to a United States defense industry
provider's submission of an authorization request for the
export of technical data or hardware to the government of an
eligible foreign purchaser.

(ii) Limitation on return or denial of request.--With
respect to a request for authorization of a foreign military
sale or a direct commercial sale, the Secretary of State
shall not return such a request to an eligible foreign
purchaser or a United States defense company, respectively,
without action, or deny such a request, before the date on
which the Secretary of State completes a policy review under
this paragraph.
(B) Timelines.--
(i) In general.--A policy review under this paragraph shall
not exceed 90 days.
(ii) Consultation.--With respect to a policy review under
this subparagraph, any consultation between the Secretary of
State and the head of any other Federal department or
agencies shall take place within the 90 days set forth in
clause (i).
(iii) Extension.--The Secretary of State may grant an
extension to the deadline under clause (i) on a case-by-case
basis.
(iv) Establishment of internal deadlines.--

(I) In general.--The Secretary of State shall establish
internal deadlines for a policy review under this
subparagraph, including with respect to staffing matters
relating to the applicable foreign military sale or direct
commercial sale.
(II) Elevation for decision.--Failure to reach a consensus
decision among the bureaus and offices of the Department of
State with respect to such policy reviews shall result in the
automatic elevation of the decision to the next level of
authority for a decision.

(2) Licenses for release of sensitive technology.--
(A) Deadline for decision.--
(i) In general.--With respect to an application of a
defense industry provider for a license for the release of
sensitive technology as part of a foreign military sales or
direct commercial sales negotiations, not later than 90 days
after the date on which such an application containing all
relevant information in the form required is received by the
Department of State Directorate of Defense Trade Controls,
the Secretary of State shall issue a decision on the
application.
(ii) Extension.--The Secretary of Defense may grant an
extension to the deadline under clause (i) on a case-by-case
basis.
(B) Approval.--In the case of a decision under subparagraph
(A) to approve such an application, the defense industry
provider concerned may commence negotiations with the
eligible foreign purchaser on the earliest date practicable
following the issuance of such decision.
(C) Denial.--Concurrently with the issuance of a decision
under subparagraph (A) denying such an application, the
Secretary of State shall provide to the Committee on Armed
Services and the Committee on Foreign Relations of the Senate
and the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives written
notice of the decision, including the basis for the denial.
(3) Department of state consultation.--
(A) In general.--Any period of consultation between the
Secretary of State and Congress before congressional
notification under the Arms Export Control Act (22 U.S.C.
2751 et seq.) with respect to a proposed foreign military
sale or direct commercial sale may not be, except as provided
in subparagraph (B), longer than 20 days.
(B) Limitation on period of consultation with respect to
certain countries.--
(i) In general.--Any period of consultation between the
Secretary of State and Congress with respect to a proposed
foreign military sale to Israel, Japan, the Republic of
Korea, New Zealand, Australia, or an eligible foreign
purchaser that is a member of the North Atlantic Treaty
Organization may not be longer than 10 days.
(ii) Notification.--In the case of a proposed foreign
military sale described in clause (i) for which the 10-day
period under that clause has elapsed without objection from
the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives,
such sale shall be considered approved for formal
notification under section 36(c)(2) of the Arms Export
Control Act (22 U.S.C. 2776(c)(2)).
(d) Definitions.--In this section:
(1) Blanket-order letter of offer and acceptance.--The term
``blanket-order letter of offer and acceptance'' means an
agreement between an eligible foreign purchaser and the
United States Government for a specific category of items or
services (including training) that--
(A) does not include a definitive listing of items or
quantities; and
(B) specifies a maximum dollar amount against which orders
for defense articles and services may be placed.
(2) Cooperative logistics supply support arrangement.--The
term ``cooperative logistics supply support arrangement''
means a military logistics support arrangement designed to
provide responsive and continuous supply support at the depot
level for United States-made military materiel possessed by
foreign countries or international organizations.
(3) Defined-order letter of offer and acceptance.--The term
``defined-order letter of offer and acceptance'' means a
foreign military sales case characterized by an order for a
specific defense article or service that is separately
identified as a line item on a letter of offer and
acceptance.
(4) Implementing agency.--The term ``implementing agency''
means the military department or defense agency assigned, by
the Director of the Defense Security Cooperation Agency, the
responsibilities of--
(A) preparing a letter of offer and acceptance;
(B) implementing a foreign military sales case; and
(C) carrying out the overall management of the activities
that--

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(i) will result in the delivery of the defense articles or
services set forth in the letter of offer and acceptance; and
(ii) was accepted by an eligible foreign purchaser.
(5) Letter of request.--The term ``letter of request''--
(A) means a written document--
(i) submitted to a security cooperation organization by an
eligible foreign purchaser for the purpose of requesting
price and availability of, or to purchase or otherwise
obtain, a United States defense article or defense service
through the foreign military sales process; and
(ii) that contains all relevant information in such form as
may be required by the Secretary of Defense; and
(B) includes--
(i) a formal letter, e-mail, or signed meeting minutes from
a recognized official of the government of an eligible
foreign purchaser; and
(ii) any other form of written document, as determined by
the Secretary of Defense or the Director of the Defense
Security Cooperation Agency.
(6) Security cooperation organization.--The term ``security
cooperation organization'' means--
(A) in-country United States Embassy personnel;
(B) personnel of the applicable combatant command;
(C) the Foreign Military Sales Implementing Agency; and
(D) the Defense Security Cooperation Agency.
______