22 U.S.C. § 2751: Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [ 22 U.S.C. 2551 et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races. The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense relationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and complexity of defense equipment, it is increasingly difficult and uneconomic for any country, particularly a developing country, to fill all of its legitimate defense requirements from its own design and production base. The need for international defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed forces to act in concert to deter or defeat aggression is directly related to the operational compatibility of their defense equipment. Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objective of applying agreed resources of each country to programs and projects of cooperative exchange of data, research, development, production, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this chapter authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their economies, in accordance with the restraints and control measures specified herein and in furtherance of the security objectives of the United States and of the purposes and principles of the United Nations Charter. It is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended [ 22 U.S.C. 2151 et seq.], the extent and character of the military requirement, and the economic and financial capability of the recipient country, with particular regard being given, where appropriate, to proper balance among such sales, grant military assistance, and economic assistance as well as to the impact of the sales on programs of social and economic development and on existing or incipient arms races. It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy. It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability. It is the sense of the Congress that the aggregate value of defense articles and defense services— (1) which are sold under section 2761 or section 2762 of this title ; or (2) which are licensed or approved for export under section 2778 of this title to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract; in any fiscal year should not exceed current levels. It is the sense of the Congress that the President maintain adherence to a policy of restraint in conventional arms transfers and that, in implementing this policy worldwide, a balanced approach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular attention should be paid to controlling the flow of conventional arms to the nations of the developing world. To this end, the President is encouraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries. The Secretary of Defense, the Secretary of State, and the Secretary of Commerce shall jointly produce a common definition that recognizes India’s status as a ‘Major Defense Partner’ for joint use by the Department of Defense, the Department of State, and the Department of Commerce. Not later than 90 days after the date of the enactment of this Act [ Dec. 12, 2017 ], the Secretary of Defense and the Secretary of State jointly shall make the designation required by paragraph (1)(B) of section 1292(a) of the National Defense Authorization Act for Fiscal Year 2017 [ Pub. L. 114–328 , set out as a note below]. Not later than 90 days after the date of the enactment of this Act, and every year thereafter, appropriate officials of the Office of the Secretary of Defense and appropriate officials of the Department of State shall brief the appropriate committees of Congress on the actions of the Department of Defense and the Department of State, respectively, to promote defense cooperation between the United States and India and the duties specified in paragraph (1)(B) of section 1292(a) of the National Defense Authorization Act for Fiscal Year 2017 (as amended by paragraph (2) of this subsection). The requirement for briefings under this paragraph shall cease on the date of the designation of an individual pursuant to paragraph (1). 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.” recognize India’s status as a major defense partner of the United States; to reinforce and ensure, through interagency policy coordination, the success of the Framework for the United States-India Defense Relationship; to help resolve remaining issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities; and to promote United States defense trade with India for the benefit of job creation and commercial competitiveness in the United States; approve and facilitate the transfer of advanced technology, consistent with United States conventional arms transfer policy, to support combined military planning with India’s military for missions such as humanitarian assistance and disaster relief, counter piracy, freedom of navigation, and maritime domain awareness missions, and to promote weapons systems interoperability; strengthen the effectiveness of the U.S.-India Defense Trade and Technology Initiative and the durability of the Department of Defense’s ‘India Rapid Reaction Cell’; collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense articles, defense services, and related technology, such as appropriate cyber security and end use monitoring arrangements, consistent with United States export control laws and policy, and to advance the Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and Cooperation Agreement for Geospatial Cooperation; promote policies that will encourage the efficient review and authorization of defense sales and exports to India; encourage greater government-to-government and commercial military transactions between the United States and India; support the development and alignment of India’s export control and procurement regimes with those of the United States and multilateral control regimes; continue to enhance defense and security cooperation with India in order to advance United States interests in the South Asia and greater Indo-Asia-Pacific regions, including common security, and to enhance role of United States partners and allies in the defense relationship between the United States and India; support joint exercises, operations, and patrols and mutual defense planning with India; work with representatives of the Government of the Islamic Republic of Afghanistan and the Government of India to promote stability and development in Afghanistan; and support such other matters with respect to defense and security cooperation with India that the Secretary of Defense or the Secretary of State consider appropriate. Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2016 ], and annually thereafter until December 31, 2021 , the Secretary of Defense and Secretary of State shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and House of Representatives] and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on how the United States is supporting its defense relationship with India in relation to the actions described in paragraph (1). a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India’s status as a major defense partner and defense and security cooperation with India; a description of any limitations that hinder or slows [sic] progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1); a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1); a description of the measures that can be taken by the United States and India to improve interoperability; and a description of the progress made in enabling agreements between the United States and India. The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex. are at a level appropriate to enhance engagement between the militaries of the two countries for threat analysis, military doctrine, force planning, mutual security interests, logistical support, intelligence, tactics, techniques and procedures, humanitarian assistance, and disaster relief; include exchanges of general and flag officers between the two countries; enhance cooperative military operations, including maritime security, counter-piracy, counter-terror cooperation, and domain awareness, in the Indo-Asia-Pacific region; accelerate the development of combined military planning for missions such as those identified in subsection (a)(1)(C) or in paragraph (1) of this subsection, or other missions in the national security interests of both countries; and solicit and recognize actions and efforts by India that would allow the United States to treat India as a major defense partner. The Secretary of Defense and Secretary of State shall jointly, on an ongoing basis, conduct an assessment of the extent to which India possesses capabilities to support and carry out military operations of mutual interest to the United States and India, including an assessment of the defense export control regulations and policies that need appropriate modification, in recognition of India’s capabilities and its status as a major defense partner. The President shall ensure that the assessment described in paragraph (1) is used, consistent with United States conventional arms transfer policy, to inform the review by the United States of requests to export defense articles, defense services, or related technology to India under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.), and to inform any regulatory and policy adjustments that may be appropriate.” pursuant to authorities other than the Arms Export Control Act [ 22 U.S.C. 2751 et seq.] or the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.]; and using funds made available to the Department of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund. the Government of Afghanistan or any other group, organization, citizen, or resident of Afghanistan, or the Government of Pakistan or any other group, organization, citizen, or resident of Pakistan, the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. A program of end-use monitoring of lethal defense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1). The Secretary of Defense shall periodically review the defense articles and defense services subject to the registration and end-use monitoring requirements under subsection (b) to determine which defense articles and defense services, if any, should no longer be subject to such registration and end-use monitoring requirements. The Secretary of Defense shall submit to the specified congressional committees the results of each review conducted under this paragraph. The Secretary of Defense may exempt a defense article or defense service from the registration and end-use monitoring requirements under subsection (b) beginning on the date that is 30 days after the date on which the Secretary provides notice of the proposed exemption to the specified congressional committees. Such notice shall describe any controls to be imposed on such defense article or defense service, as the case may be, under any other provision of law. The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(d) ). The term ‘defense service’ has the meaning given the term in section 644(f) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(f) ). a handgun or pistol; a shoulder-fired weapon, including a sub-carbine, carbine, or rifle; a light, medium, or heavy automatic weapon up to and including a .50 caliber machine gun; a recoilless rifle up to and including 106mm; a mortar up to and including 81mm; a rocket launcher, man-portable; a grenade launcher, rifle and shoulder fired; and an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft. the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Armed Services of the Senate. Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [ Oct. 28, 2009 ]. The Secretary of Defense may delay the effective date of this section by an additional period of up to 120 days if the Secretary certifies in writing to the specified congressional committees for such additional period that it is in the vital interest of the United States to do so and includes in the certification a description of such vital interest.” The President shall implement a policy to control the export and transfer of defense articles into Iraq, including implementation of the registration and monitoring system under subsection (c). No defense articles may be provided to the Government of Iraq or any other group, organization, citizen, or resident of Iraq until the President certifies to the specified congressional committees that a registration and monitoring system meeting the requirements set forth in subsection (c) has been established. the registration of the serial numbers of all small arms to be provided to the Government of Iraq or to other groups, organizations, citizens, or residents of Iraq; a program of end-use monitoring of all lethal defense articles provided to such entities or individuals; and a detailed record of the origin, shipping, and distribution of all defense articles transferred under the Iraq Security Forces Fund or any other security assistance program to such entities or individuals. The President shall periodically review the items subject to the registration and monitoring requirements under subsection (c) to determine what items, if any, should no longer be subject to such registration and monitoring requirements. The President shall transmit to the specified congressional committees the results of each review conducted under this paragraph. The President may exempt an item from the registration and monitoring requirements under subsection (c) beginning on the date that is 30 days after the date on which the President provides notice of the proposed exemption to the specified congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1(a) ). Such notice shall describe any controls to be imposed on such item under any other provision of law. The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(d) ). handguns; shoulder-fired weapons; light automatic weapons up to and including .50 caliber machine guns; recoilless rifles up to and including 106mm; mortars up to and including 81mm; rocket launchers, man-portable; grenade launchers, rifle and shoulder fired; and individually-operated weapons which are portable or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft. the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate. Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [ Jan. 28, 2008 ]. The President may delay the effective date of this section by an additional period of up to 90 days if the President certifies in writing to the specified congressional committees for such additional period that it is in the vital interest of the United States to do so and includes in the certification a description of such vital interest.” Congress declares that it should be the policy of the United States to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations. submit forthwith to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing such determination; and impose forthwith on the transferring foreign government the sanctions described in subsection (c). A foreign government described in this paragraph is a foreign government that the Secretary of State has determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j) ], section 620A of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2371 ], section 40 of the Arms Export Control Act [ 22 U.S.C. 2780 ], or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. Termination of United States Government assistance to the transferring foreign government under the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.], except that such termination shall not apply in the case of humanitarian assistance. sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and licenses for the export to the transferring foreign government of any item on the United States Munitions List. Termination of all foreign military financing for the transferring foreign government. Notwithstanding any other provision of law, sanctions shall not be imposed on a transferring foreign government under this section if the President determines and certifies in writing to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the furnishing of the assistance, sales, licensing, or financing that would otherwise be suspended as a result of the imposition of such sanctions is important to the national security interests of the United States. The term ‘defense article’ has the meaning given the term in section 47(3) of the Arms Export Control Act [ 22 U.S.C. 2794(3) ]. The term ‘defense service’ has the meaning given the term in section 47(4) of the Arms Export Control Act [ 22 U.S.C. 2794(4) ]. The term ‘design and construction services’ has the meaning given the term in section 47(8) of the Arms Export Control Act [ 22 U.S.C. 2794(8) ]. The term ‘foreign government’ includes any agency or instrumentality of a foreign government. a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.” The President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide. prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement; prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained. The President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide. Not later than 180 days after the date of enactment of this Act [ Dec. 17, 2004 ], the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office [now Government Accountability Office] set forth in its report GAO–04–519, entitled ‘Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems’. Annually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts. As soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity. Under the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs. Under the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security. Not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008 , the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safety certification issued for a missile defense system for commercial aircraft. The President is encouraged to pursue strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale. Not later than 180 days after the date of enactment of this Act [ Dec. 17, 2004 ], the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs. There is authorized to be appropriated such sums as may be necessary to carry out this section. Not later than one year after the date of enactment of this Act [ Dec. 17, 2004 ], the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks. The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments. How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports. The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft. Any other issues that the Secretary deems relevant. The report required by this subsection may be submitted in a classified format. the Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate. a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.” It is the policy of Congress that bilateral exchanges and trade in defense articles and defense services between the United States and the United Kingdom and Australia are in the national security interest of the United States and that such exchanges and trade should be subjected to accelerated review and processing consistent with national security and the requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). The Secretary of State shall ensure that any license application submitted for the export of defense articles or defense services to Australia or the United Kingdom is expeditiously processed by the Department of State, in consultation with the Department of Defense, without referral to any other Federal department or agency, except where the item is classified or exceptional circumstances apply. The President shall ensure that regulations are prescribed to implement this section.” Not later than May 1 each odd-numbered year, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee established by subsection (a) of the Review Committee charter. A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter. A complete description of the requirements and priorities established by the Review Committee. A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option. An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations. A discussion and assessment of the status of each Review Committee recommendation during the two fiscal years preceding the fiscal year in which the report is submitted, including, particularly, the status of recommendations made during such preceding fiscal years that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31 , United States Code, in the fiscal year of the report. Each specific Department of Energy program that the Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan to develop to initial operating capability. For each technology program scheduled to reach initial operational capability, a recommendation from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding the utility and requirement of the program. A discussion of the limitations and impediments to the biological weapons counterproliferation efforts of the Department of Defense (including legal, policy, and resource constraints) and recommendations for the removal or mitigation of such impediments and for ways to make such efforts more effective. Each such report shall be submitted in both unclassified and classified forms, including an annex to the classified report for special compartmented information programs, special access programs, and special activities programs. For purposes of this section, the term ‘Review Committee charter’ means section 1605 of the National Defense Authorization Act for Fiscal Year 1994 [ Pub. L. 103–160 ] ( 22 U.S.C. 2751 note). The final report required under subsection (a) is the report for the year following the year in which the Counterproliferation Program Review Committee established under the Review Committee Charter ceases to exist.” No defense article or defense service may be sold or leased by the United States Government to any country or international organization that, as a matter of policy or practice, is known to have sent letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the Arab League secondary or tertiary boycott of Israel, unless the President determines, and so certifies to the appropriate congressional committees, that that country or organization does not currently maintain a policy or practice of making such requests or solicitations. such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or such waiver is in the national security interest of the United States. If the President determines that the further extension of a waiver will promote the objectives of this section, the President, upon notification of the appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods. The President may, at any time, terminate any waiver granted under this subsection. the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and the terms ‘defense article’ and ‘defense service’ have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act [ 22 U.S.C. 2794(3) , (4)]. This section shall take effect 1 year after the date of enactment of this Act [ Apr. 30, 1994 ].” The Secretary of Defense may conduct studies and analysis programs in support of the counterproliferation policy of the United States. enhancing United States military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; cooperating in international programs to enhance military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; and otherwise contributing to Department of Defense capabilities to deter, identify, monitor, and respond to such terrorism, theft, and proliferation involving weapons of mass destruction. The Under Secretary of Defense for Policy, subject to the supervision and control of the Secretary of Defense, shall coordinate the policy studies and analysis of the Department of Defense on countering proliferation of weapons of mass destruction and their delivery systems. The Secretary of Defense. The Secretary of Energy. The Director of National Intelligence. The Chairman of the Joint Chiefs of Staff. The Secretary of State. The Secretary of Homeland Security. The Secretary of Defense shall chair the committee. The Secretary of Energy shall serve as the Vice Chairman of the committee. A member of the committee may designate a representative to perform routinely the duties of the member. A representative shall be in a position of Deputy Assistant Secretary or a position equivalent to or above the level of Deputy Assistant Secretary. A representative of the Chairman of the Joint Chiefs of Staff shall be a person in a grade equivalent to that of Deputy Assistant Secretary of Defense. The Secretary of Defense may delegate to the Under Secretary of Defense for Acquisition, Technology, and Logistics the performance of the duties of the Chairman of the committee. The Secretary of Energy may delegate to the Under Secretary of Energy responsible for national security programs of the Department of Energy the performance of the duties of the Vice Chairman of the committee. The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall serve as executive secretary to the committee, except that during any period during which that position is vacant the Assistant Secretary of Defense for Strategy and Threat Reduction shall serve as the executive secretary. highly effective technologies and capabilities for the detection, monitoring, collection, processing, analysis, and dissemination of information in support of United States counterproliferation policy and efforts, including efforts to stem the proliferation of weapons of mass destruction and to negate paramilitary and terrorist threats involving weapons of mass destruction; and disabling technologies in support of such policy. To identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities. To establish priorities for programs and funding. To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, operate, and field highly-capable systems. To ensure that Department of Energy programs are integrated with the operational needs of other departments and agencies of the Government. To ensure that Department of Energy national security programs include technology demonstrations and prototype development of equipment. intelligence; battlefield surveillance; passive defenses; active defenses; and counterforce capabilities; prescribe requirements and priorities for the development and deployment of highly effective capabilities and technologies; identify deficiencies in existing capabilities and technologies; formulate near-term, mid-term, and long-term programmatic options for meeting requirements established by the committee and eliminating deficiencies identified by the committee; and assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31 , United States Code, for the fiscal year following the fiscal year in which the assessment is made. The committee shall have access to information on all programs, projects, and activities of the Department of Defense, the Department of State, the Department of Energy, the Department of State, the Department of Homeland Security, the intelligence community, and the Arms Control and Disarmament Agency that are pertinent to the purposes and duties of the committee. The committee shall submit to the President and the heads of all appropriate departments and agencies of the Government such programmatic recommendations regarding existing, planned, or new programs as the committee considers appropriate to encourage funding for capabilities and technologies at the level necessary to support United States counterproliferation policy. The committee shall cease to exist at the end of September 30, 2013 . the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services [now Committee on National Security], the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 401a ) [now 50 U.S.C. 3003 ].” In the case of Saudi Arabia, $16,839,000,000. In the case of Kuwait, $16,006,000,000. For purposes of this section, the term ‘any sale’ means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act [ 22 U.S.C. 2751 et seq.] on or after the effective date of this section. This section shall take effect 120 days after the date of enactment of this joint resolution [ Dec. 12, 1991 ]. Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of ‘conventional armaments and equipment limited by the Treaty’, which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of Public Law 101–513 [ 104 Stat. 2007 ] and in section 634A of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2394–1 ].” the President should immediately institute a thorough and comprehensive review of the military aid programs of the United States, particularly with respect to the military assistance and sales operations of the Department of Defense, and to initiate multilateral discussions among the United States, the Union of Soviet Socialist Republics, Great Britain, France, West Germany, Italy and other countries on the control of the worldwide trade in armaments, to commence a general debate in the United Nations with respect to the control of the conventional arms trade, and to use the power and prestige of his office to signify the intention of the United States to work actively with all nations to check and control the international sales and distribution of conventional weapons of death and destruction.”