Sec. 4405. Performance goals for processing of applications for licenses to export items on United States Munitions List
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The Secretary shall establish and maintain the following goals: The processing time for review of each application for a license to export items on the United States Munitions List (other than a Manufacturing License Agreement) shall be not more than 60 days from the date of receipt of the application. The processing time for review of each application for a commodity jurisdiction determination shall be not more than 60 days from the date of receipt of the application. The total number of applications described in paragraph
(1)that are unprocessed shall be not more than 7 percent of the total number of such applications submitted in the preceding calendar year. If an application described in paragraph
(1)or
(2)of subsection
(a)is not processed within the time period described in the respective paragraph of such subsection, then the Secretary shall ensure that the appropriate managing official shall review the status of the application to determine if further action is required to process the application. If an application described in paragraph
(1)or
(2)of subsection
(a)is not processed within 90 days from the date of receipt of the application, then the appropriate managing official shall— review the status of the application to determine if further action is required to process the application; and submit to the appropriate congressional committees a notification of the review conducted under subparagraph (A), including a description of the application, the reason for delay in processing the application, and a proposal for further action to process the application. For each calendar year, the appropriate managing official shall review not less than 2 percent of the total number of applications described in paragraphs
(1)and
(2)of subsection
(a)to ensure that the processing of such applications, including decisions to approve, deny, or return without action, is consistent with both the foreign policy and regulatory requirements of the United States. Congress states that— to ensure that, to the maximum extent practicable, the processing time for review of applications to export items to United States allies in direct support of combat operations or peacekeeping or humanitarian operations with the United States Armed Forces is not more than 7 days from the date of receipt of the application; and the Secretary shall ensure that, to the maximum extent practicable, the processing time for review of applications described in subsection (a)(1) to export items that are not subject to the requirements of chapter 6 to a strategic United States ally, and, as appropriate, other major United States allies for any purpose other than the purpose described in paragraph
(1)is not more than 30 days from the date of receipt of the application. In meeting the goals established by this section, the Secretary shall prioritize the processing of applications for licenses and agreements necessary for the export of United States-origin equipment over applications for Manufacturing License Agreements. Not later than 180 days after the date of the enactment of this Act, and not later than 1 year thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains a detailed description of— the average processing time for and number of applications described in subsection (a)(1) to— a strategic United States ally; a major United States ally; and any other country; and to the extent practicable, the average processing time for and number of applications described in subsection (b)(1) by item category; the average processing time for and number of applications described in subsection (a)(2); the average processing time for and number of applications for agreements described in part 124 of title 22, Code of Federal Regulations (relating to the International Traffic in Arms Regulations), other than Manufacturing License Agreements; the average processing times for applications for Manufacturing License Agreements; any management decisions of the Directorate of Defense Trade Controls of the Department of State that have been made in response to data contained in paragraphs
(1)through (3); and any advances in technology that will allow the time-frames described in subsection (a)(1) to be substantially reduced. If, at the end of any month beginning after the date of the enactment of this Act, the total number of applications described in subsection (a)(1) that are unprocessed is more than 7 percent of the total number of such applications submitted in the preceding calendar year, then the Secretary shall ensure that the Assistant Secretary for Political-Military Affairs shall brief the appropriate congressional committees on such matters and the corrective measures that will be taken to comply with the requirements of subsection (a). To the maximum extent practicable, commodity jurisdiction determinations made as the appropriate controls to be applied to commodities shall be made public. The Secretary shall— publish a commodity jurisdiction determination referred to in paragraph
(1)on the Internet website of the Department of State not later than 30 days after the date of the determination, which includes— the name of the manufacturer of the item; a brief general description of the item; the model or part number of the item; and the designation under which the item has been designated, except that— the name of the person or business organization that sought the commodity jurisdiction determination shall not be published if the person or business organization is not the manufacturer of the item; and the names of the customers, the price of the item, and any proprietary information relating to the item indicated by the person or business organization that sought the commodity jurisdiction determination shall not be published; and maintain on the Internet website of the Department of State an archive, that is accessible to the general public and other departments and agencies of the United States, of the information published under subparagraph (A). Nothing in this section shall be construed to prohibit the President from undertaking a thorough review of the national security and foreign policy implications of a proposed export of items on the United States Munitions List.